| Entity Name: | SAFECO INSURANCE COMPANY OF ILLINOIS |
| Jurisdiction: | FLORIDA |
| Filing Type: | Foreign Profit |
| Status: |
Active
The business entity is active. This status indicates that the business is currently operating and compliant with state regulations, suggesting a lower risk profile for lenders and potentially better creditworthiness. |
| Date Filed: | 21 Jun 1984 (41 years ago) |
| Last Event: | REINSTATEMENT |
| Event Date Filed: | 17 Oct 2024 (5 months ago) |
| Document Number: | P02475 |
| FEI/EIN Number |
911115311
Federal Employer Identification (FEI) Number assigned by the IRS. |
| Mail Address: | 175 BERKELEY ST, BOSTON, MA, 02116, US |
| Address: | 175 Berkeley Street, Boston, MA, 02116, US |
| Place of Formation: | ILLINOIS |
| Name | Role | Address |
|---|---|---|
| MIRZA HAMID T | Chief Executive Officer | 175 BERKELEY ST, BOSTON, MA, 02116 |
| HART DAMON P | Chairman | 175 BERKELEY ST, BOSTON, MA, 02116 |
| VASILAKOS NIK | Treasurer | 175 BERKELEY ST, BOSTON, MA, 02116 |
| DOLAN MATTHEW P | Director | 175 BERKELEY STREET, BOSTON, MA, 02116 |
| ERBIG ALISON B | Director | 175 BERKELEY STREET, BOSTON, MA, 02116 |
| HYLKA STEPHEN T | Director | 175 BERKELEY STREET, BOSTON, MA, 02116 |
| CHIEF FINANCIAL OFFICER | Agent | 200 E. GAINES ST, TALLAHASSEE, FL, 323990000 |
| Event Type | Filed Date | Value | Description |
|---|---|---|---|
| REINSTATEMENT | 2024-10-17 | - | - |
| CHANGE OF PRINCIPAL ADDRESS | 2024-10-17 | 175 Berkeley Street, Boston, MA 02116 | - |
| REGISTERED AGENT NAME CHANGED | 2024-10-17 | CHIEF FINANCIAL OFFICER | - |
| REVOKED FOR ANNUAL REPORT | 2024-09-27 | - | - |
| REGISTERED AGENT ADDRESS CHANGED | 2014-04-30 | 200 E. GAINES ST, TALLAHASSEE, FL 32399-0000 | - |
| CHANGE OF MAILING ADDRESS | 2009-04-29 | 175 Berkeley Street, Boston, MA 02116 | - |
| Document Number | Status | Case Number | Name of Court | Date of Entry | Expiration Date | Amount Due | Plaintiff |
|---|---|---|---|---|---|---|---|
| J12000850035 | LAPSED | 2012 SC 012460 XXXX SB | COUNTY COURT PALM BEACH COUNTY | 2012-10-02 | 2017-11-27 | $5432.20 | ROYAL PALM BEACH REHAB CORP., 106 PONCE DELEON ST., ROYAL PALM BEACH, FL 33411 |
| Title | Case Number | Docket Date | Status | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| SAFECO INSURANCE COMPANY OF ILLINOIS, Appellant(s) v. REBECCA L. HEIKKA, Appellee(s). | 4D2023-1916 | 2023-08-10 | Open | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Name | SAFECO INSURANCE COMPANY OF ILLINOIS |
| Role | Appellant |
| Status | Active |
| Representations | Mihaela Cabulea, Gary Guzzi, Gerald Barnette Cope, Jr. |
| Name | Carlos Augusto Rodriguez |
| Role | Judge/Judicial Officer |
| Status | Active |
| Name | Clerk - Broward |
| Role | Lower Tribunal Clerk |
| Status | Active |
| Name | Rebecca L. Heikka |
| Role | Appellee |
| Status | Active |
| Representations | Joseph R. Dawson, Gary Guzzi, Kenneth Donald Cooper, Antonio D. Morin |
Docket Entries
| Docket Date | 2024-11-26 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time |
| Description | Motion for Extension of Time to File Post-Decision Motions |
| Docket Date | 2024-11-26 |
| Type | Motions Other |
| Subtype | Motion for Reconsideration/Rehearing of an Order |
| Description | Motion for Reconsideration of the Court's Order Dated November 20, 2024 |
| Docket Date | 2024-11-20 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time |
| Description | ORDERED that Appellant's November 18, 2024 motion for extension of time is granted, and Appellant shall file the post-decision motion on or before December 11, 2024. |
| View | View File |
| Docket Date | 2024-11-18 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time |
| Description | Motion for Extension of Time to File Post-Decision Motions |
| Docket Date | 2024-11-06 |
| Type | Order |
| Subtype | Order on Motion For Attorney's Fees |
| Description | ORDERED that Appellee's April 4, 2024 motion for appellate attorney's fees is denied. |
| View | View File |
| Docket Date | 2024-11-06 |
| Type | Disposition by Opinion |
| Subtype | Reversed |
| Description | Reversed |
| View | View File |
| Docket Date | 2024-09-10 |
| Type | Notice |
| Subtype | Notice of Supplemental Authority |
| Description | Notice of Supplemental Authority |
| On Behalf Of | Safeco Insurance Company of Illinois |
| Docket Date | 2024-04-04 |
| Type | Brief |
| Subtype | Answer Brief |
| Description | Answer Brief |
| On Behalf Of | Rebecca L. Heikka |
| View | View File |
| Docket Date | 2024-03-28 |
| Type | Response |
| Subtype | Response |
| Description | Response to Appellee's Motion for Attorney's Fees |
| On Behalf Of | Safeco Insurance Company of Illinois |
| Docket Date | 2024-02-13 |
| Type | Brief |
| Subtype | Initial Brief |
| Description | Initial Brief |
| On Behalf Of | Safeco Insurance Company of Illinois |
| View | View File |
| Docket Date | 2024-02-08 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to Serve Initial Brief |
| Description | Order on Motion for Extension of Time to Serve Initial Brief |
| View | View File |
| Docket Date | 2024-08-29 |
| Type | Response |
| Subtype | Response |
| Description | Response to Order to Show Cause |
| On Behalf Of | Rebecca L. Heikka |
| Docket Date | 2024-08-22 |
| Type | Motions Other |
| Subtype | Miscellaneous Motion |
| Description | Motion to Enlarge Time for Oral Argument |
| Docket Date | 2024-08-22 |
| Type | Response |
| Subtype | Response |
| Description | Response to Order to Show Cause |
| On Behalf Of | Safeco Insurance Company of Illinois |
| Docket Date | 2024-08-22 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| On Behalf Of | Safeco Insurance Company of Illinois |
| Docket Date | 2024-08-15 |
| Type | Order |
| Subtype | Show Cause Jurisdiction |
| Description | ORDERED that Appellant shall show cause why this Court has jurisdiction over the judgment on attorney's fees when the trial court reserved jurisdiction to award a multiplier, making the amount of attorneys fees not finally determined. See GEICO Gen. Ins. Co. v. Williams, 111 So. 3d 240, 246 (Fla. 4th DCA 2013) (quoting Ulrich v. Eaton Vance Distribs., Inc., 764 So. 2d 731, 733 (Fla. 2d DCA 2000)) ("[N]otwithstanding the finality of the judgment as it relates to the underlying dispute, the attorney's fee issue is not finally resolved or ripe for appellate review until both entitlement and amount have been determined."). Appellant shall respond to this order within seven (7) days. Appellee shall file a response within seven (7) days of Appellant's filing. |
| View | View File |
| Docket Date | 2024-07-18 |
| Type | Order |
| Subtype | Order on Motion To Strike |
| Description | Ordered that the appellant's July 15, 2024 motion to strike is granted, and the court will disregard the citations in the appellee's brief to those documents that the court has already stricken. |
| View | View File |
| Docket Date | 2024-07-16 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to Serve Reply Brief |
| Description | ORDERED that Appellant's July 8, 2024 motion for extension of time is granted, and the reply brief is deemed filed as of the date of this order. |
| View | View File |
| Docket Date | 2024-07-16 |
| Type | Motions Other |
| Subtype | Motion To Strike |
| Description | Motion To Strike/Disregard Portions of Appellee's Amended Answer Brief and Portions of the Second Supplemental Record on Appeal |
| Docket Date | 2024-07-16 |
| Type | Brief |
| Subtype | Reply Brief |
| Description | Reply Brief |
| On Behalf Of | Safeco Insurance Company of Illinois |
| View | View File |
| Docket Date | 2024-07-08 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to Serve Reply Brief |
| Description | Motion for Extension of Time to Serve Reply Brief |
| Docket Date | 2024-07-02 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to Serve Reply Brief |
| Description | ORDERED that Appellant's June 26, 2024 amended opposed motion for extension of time is granted, and Appellant shall serve the reply brief on or before July 7, 2024. In addition, if the reply brief is served after the time provided for in this order, it may be stricken. |
| View | View File |
| Docket Date | 2024-06-26 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to Serve Reply Brief |
| Description | Amended Opposed Motion for Extension of Time to Serve Reply Brief |
| Docket Date | 2024-06-20 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to Serve Reply Brief |
| Description | Motion for Extension of Time to Serve Reply Brief |
| Docket Date | 2024-06-20 |
| Type | Order |
| Subtype | Order Vacating/Withdrawing Order |
| Description | Order Vacating/Withdrawing Order |
| View | View File |
| Docket Date | 2024-06-05 |
| Type | Recognizing Agreed Extension |
| Subtype | Reply Brief |
| Description | 15 DAYS TO June 20, 2024. |
| Docket Date | 2024-06-05 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time - Reply Brief |
| Description | Notice of Agreed Extension of Time - Reply Brief |
| On Behalf Of | Safeco Insurance Company of Illinois |
| Docket Date | 2024-05-17 |
| Type | Order |
| Subtype | Order on Motion for Reconsideration/Rehearing of an Order |
| Description | ORDERED that, upon consideration of appellant's May 14, 2024 response, appellee's April 29, 2024 motion for rehearing is denied. |
| View | View File |
| Docket Date | 2024-05-14 |
| Type | Response |
| Subtype | Response |
| Description | Response in Opposition to Appellee's Motion for Rehearing |
| On Behalf Of | Safeco Insurance Company of Illinois |
| Docket Date | 2024-05-14 |
| Type | Record |
| Subtype | Supplemental Record |
| Description | Supplemental Record - 444 pages |
| On Behalf Of | Clerk - Broward |
| Docket Date | 2024-05-06 |
| Type | Brief |
| Subtype | Amended Answer Brief |
| Description | Amended Answer Brief |
| On Behalf Of | Rebecca L. Heikka |
| View | View File |
| Docket Date | 2024-04-29 |
| Type | Motions Other |
| Subtype | Motion for Reconsideration/Rehearing of an Order |
| Description | Motion for Rehearing and/or Clarification of an Order |
| Docket Date | 2024-04-24 |
| Type | Order |
| Subtype | Order on Motion to Supplement Record |
| Description | Order on Motion to Supplement Record |
| View | View File |
| Docket Date | 2024-04-19 |
| Type | Response |
| Subtype | Response |
| Description | Appellant's Response to Appellee's Motion for Attorney's Fees |
| On Behalf Of | Safeco Insurance Company of Illinois |
| Docket Date | 2024-04-04 |
| Type | Motions Relating to Records |
| Subtype | Motion to Supplement Record |
| Description | Motion to Supplement Record |
| Docket Date | 2024-04-04 |
| Type | Record |
| Subtype | Supplemental Record |
| Description | Supplemental Record |
| On Behalf Of | Rebecca L. Heikka |
| Docket Date | 2024-02-05 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to Serve Initial Brief |
| Description | Motion for Extension of Time to Serve Initial Brief |
| Docket Date | 2024-01-20 |
| Type | Brief |
| Subtype | Reply Brief |
| Description | Reply Brief |
| View | View File |
| Docket Date | 2024-01-17 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to Serve Reply Brief |
| Description | Order on Motion for Extension of Time to Serve Reply Brief |
| View | View File |
| Docket Date | 2024-01-17 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to Serve Initial Brief |
| Description | Motion for Extension of Time to Serve Initial Brief (for Case 23-1916) |
| Docket Date | 2024-01-16 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to Serve Reply Brief |
| Description | Motion for Extension of Time to Serve Reply Brief |
| Docket Date | 2024-01-04 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to Serve Reply Brief |
| Description | Order on Motion for Extension of Time to Serve Reply Brief |
| View | View File |
| Docket Date | 2023-12-23 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to Serve Reply Brief |
| Description | Motion for Extension of Time to Serve Reply Brief |
| Docket Date | 2023-12-04 |
| Type | Order |
| Subtype | Order on Agreed Extension of Time |
| Description | Order on Agreed Extension of Time -- 40 DAYS TO 1/16/24 |
| Docket Date | 2023-12-04 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time - Initial Brief |
| Description | Notice of Agreed Extension of Time - Initial Brief |
| Docket Date | 2023-11-02 |
| Type | Order |
| Subtype | Order |
| Description | Order |
| View | View File |
| Docket Date | 2023-11-02 |
| Type | Brief |
| Subtype | Amended Answer Brief |
| Description | Amended Answer Brief ***MOTION GRANTED*** |
| On Behalf Of | Rebecca L. Heikka |
| View | View File |
| Docket Date | 2023-10-30 |
| Type | Record |
| Subtype | Appendix to Answer Brief |
| Description | *AMENDED*Appendix to Answer Brief |
| On Behalf Of | Rebecca L. Heikka |
| Docket Date | 2023-10-27 |
| Type | Motions Other |
| Subtype | Miscellaneous Motion |
| Description | MOTION FOR LEAVE TO FILE A CORRECTED ANSWER BRIEF |
| Docket Date | 2023-10-27 |
| Type | Order |
| Subtype | Order Striking Filing |
| Description | Order Striking Filing |
| View | View File |
| Docket Date | 2023-10-27 |
| Type | Record |
| Subtype | Appendix to Answer Brief |
| Description | ***STRICKEN***Appendix to Answer Brief |
| On Behalf Of | Rebecca L. Heikka |
| Docket Date | 2023-10-27 |
| Type | Brief |
| Subtype | Answer Brief |
| Description | Answer Brief |
| On Behalf Of | Rebecca L. Heikka |
| View | View File |
| Docket Date | 2023-10-20 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to Serve Answer Brief |
| Description | Order on Motion for Extension of Time to Serve Answer Brief |
| View | View File |
| Docket Date | 2023-10-19 |
| Type | Order |
| Subtype | Order on Motion to Consolidate |
| Description | **VACATED SEE 6-20-24 ORDER** Order on Motion to Consolidate |
| View | View File |
| Docket Date | 2023-10-18 |
| Type | Order |
| Subtype | Order on Agreed Extension of Time |
| Description | 50 Days to 12/07/2023 |
| Docket Date | 2023-10-18 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time - Initial Brief |
| Description | Notice of Agreed Extension of Time - Initial Brief |
| Docket Date | 2023-10-04 |
| Type | Record |
| Subtype | Record on Appeal |
| Description | Record on Appeal; 730 Pages |
| On Behalf Of | Clerk - Broward |
| Docket Date | 2023-09-05 |
| Type | Motions Other |
| Subtype | Motion To Consolidate |
| Description | Motion To Consolidate ~ AND SUPPLEMENT THE RECORD |
| On Behalf Of | Safeco Insurance Company of Illinois |
| Docket Date | 2023-08-14 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| On Behalf Of | Safeco Insurance Company of Illinois |
| Docket Date | 2023-08-10 |
| Type | Notice |
| Subtype | Notice of Appeal |
| Description | Notice of Appeal Filed |
| On Behalf Of | Safeco Insurance Company of Illinois |
| Docket Date | 2023-08-10 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgment Letter |
| Docket Date | 2023-08-10 |
| Type | Misc. Events |
| Subtype | Case Filing Fee Paid through Portal |
| Description | Case Filing Fee Paid Through Portal |
| On Behalf Of | Safeco Insurance Company of Illinois |
| Docket Date | 2024-12-11 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time |
| Description | ORDERED that the December 10, 2024 joint motion for extension of time is granted, and the parties shall file their post-decision motions on or before December 20, 2024. |
| View | View File |
| Docket Date | 2024-12-10 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time |
| Description | Joint Motion for Extension of Time to File Post-Decision Motions |
| Docket Date | 2024-12-02 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time |
| Description | ORDERED that appellee's November 26, 2024 motions are granted. The parties shall file their post-decision motions on or before December 11, 2024. |
| View | View File |
| Docket Date | 2025-01-10 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to File Response |
| Description | ORDERED that Appellant's January 3, 2025 motion for extension of time is granted, and the time for filing a response is extended to January 21, 2025. |
| View | View File |
| Docket Date | 2025-01-07 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to File Response |
| Description | ORDERED that Appellee's January 3, 2025 motion for extension of time is granted, and the time for filing a response is extended to January 23, 2025. |
| View | View File |
| Docket Date | 2025-01-04 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to File Response |
| Description | Appellee's Unopposed Motion for an Extension of Time to File Response to Appellant's Motion for Rehearing |
| Docket Date | 2025-01-03 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to File Response |
| Description | Motion for Extension of Time to File Response |
| Docket Date | 2024-12-26 |
| Type | Post-Disposition Motions |
| Subtype | Motion for Rehearing and Rehearing En Banc |
| Description | Motion for Rehearing, Certification and Rehearing En Banc |
| Docket Date | 2024-12-23 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time |
| Description | ORDERED that Appellant's December 20, 2024 motion for extension of time is granted, and Appellant shall file the post-decision motion on or before December 24, 2024. |
| View | View File |
| Docket Date | 2024-12-20 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time |
| Description | Motion for Extension of Time to File Post-Decision Motions |
| Docket Date | 2024-12-20 |
| Type | Order |
| Subtype | Order Striking Filing |
| Description | ORDERED that Appellee's December 20, 2024 motion is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that the certificate of service does not comply in substance with the requirements of Florida Rule of General Practice and Judicial Administration 2.516(f). |
| View | View File |
| Docket Date | 2024-12-20 |
| Type | Post-Disposition Motions |
| Subtype | Motion for Rehearing |
| Description | Motion for Rehearing |
| Docket Date | 2024-09-05 |
| Type | Order |
| Subtype | Order on Miscellaneous Motion |
| Description | ORDERED that appellant's August 22, 2024 motion to enlarge time for oral argument is granted and this court's June 20, 2024 order is amended to reflect the following: ORDERED that these cases are set for Oral Argument on Tuesday, September 17, 2024, at 10:00 a.m. for 30 minutes total, per side, in person at the Fourth District Court of Appeal Courthouse. If a side anticipates more than two attorneys sitting at counsel table during oral argument, it shall contact the Marshal's Office by phone at least two business days before the oral argument session. The court calendars can be viewed on this court's website at 4dca.flcourts.gov. In criminal cases where a victim, as defined in Article I, Section 16(e) of the Florida Constitution, has invoked their right to notice under Article I, Section 16(b)(6) of the Florida Constitution, the State shall provide the victim with notice of this oral argument and of any changes to the scheduled date or time. |
| View | View File |
| Docket Date | 2024-01-22 |
| Type | Motion |
| Subtype | Request-Oral Argument |
| Description | Request for Oral Argument |
| View | View File |
| Docket Date | 2024-01-19 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to Serve Initial Brief |
| Description | Order on Motion for Extension of Time to Serve Initial Brief |
| View | View File |
| Docket Date | 2023-08-10 |
| Type | Order |
| Subtype | Order on Filing Fee |
| Description | ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a lower tribunal clerk's determination of indigent status is filed. |
| Classification | NOA Final - County Small Claims - PIP |
| Court | 4th District Court of Appeal |
| Originating Court |
County Court for the Seventeenth Judicial Circuit, Broward County CONO21015301 |
Parties
| Name | Beaches MRI |
| Role | Appellant |
| Status | Active |
| Representations | Chad Andrew Barr |
| Name | Eileen Thibodeaux |
| Role | Appellant |
| Status | Active |
| Name | SAFECO INSURANCE COMPANY OF ILLINOIS |
| Role | Appellee |
| Status | Active |
| Representations | Scott Ward Dutton, Rebecca Lynne Delaney, Jo-Anna Enriquez |
| Name | Clerk - Broward |
| Role | Lower Tribunal Clerk |
| Status | Active |
| Name | Hon. John Hurley |
| Role | Judge/Judicial Officer |
| Status | Active |
Docket Entries
| Docket Date | 2023-09-19 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to Serve Initial Brief |
| Description | ORDERED that Appellant's September 6, 2023 motion for extension of time is granted in part, and Appellant shall serve the initial brief within thirty (30) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case will be subject to dismissal or the court in its discretion may impose other sanctions. Appellant is advised that no further extensions will be granted absent a detailed explanation for why the initial brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant. Attorney workload does not constitute extraordinary circumstances which justifies a further extension of time. |
| View | View File |
| Docket Date | 2023-03-29 |
| Type | Order |
| Subtype | Order on Filing Fee |
| Description | ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a lower tribunal clerk's determination of indigent status is filed. |
| Docket Date | 2023-12-20 |
| Type | Brief |
| Subtype | Answer Brief |
| Description | Answer Brief |
| On Behalf Of | Safeco Insurance Company of Illinois |
| View | View File |
| Docket Date | 2024-06-26 |
| Type | Mandate |
| Subtype | Mandate |
| Description | Mandate |
| View | View File |
| Docket Date | 2024-06-26 |
| Type | Misc. Events |
| Subtype | West Publishing |
| Description | West Publishing |
| Docket Date | 2024-06-05 |
| Type | Order |
| Subtype | Order on Motion For Attorney's Fees |
| Description | Order on Motion For Attorney's Fees |
| View | View File |
| Docket Date | 2024-06-05 |
| Type | Disposition by Opinion |
| Subtype | Reversed |
| Description | Reversed |
| View | View File |
| Docket Date | 2024-03-13 |
| Type | Order |
| Subtype | Order on Motion/Request for Oral Argument |
| Description | Order on Motion/Request for Oral Argument |
| View | View File |
| Docket Date | 2024-02-13 |
| Type | Response |
| Subtype | Response |
| Description | Response to Appellant's Request for Oral Argument |
| On Behalf Of | Safeco Insurance Company of Illinois |
| Docket Date | 2024-02-05 |
| Type | Brief |
| Subtype | Reply Brief |
| Description | Reply Brief |
| On Behalf Of | Beaches MRI |
| View | View File |
| Docket Date | 2024-02-05 |
| Type | Motion |
| Subtype | Request-Oral Argument |
| Description | Request for Oral Argument |
| On Behalf Of | Beaches MRI |
| View | View File |
| Docket Date | 2024-01-22 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to Serve Reply Brief |
| Description | ORDERED that Appellant's January 19, 2024 motion for extension of time is granted in part, and Appellant shall serve the reply brief within fifteen (15) days from the date of this order. In addition, if the reply brief is served after the time provided for in this order, it may be stricken. |
| View | View File |
| Docket Date | 2024-01-19 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to Serve Reply Brief |
| Description | Motion for Extension of Time to Serve Reply Brief |
| Docket Date | 2023-12-20 |
| Type | Record |
| Subtype | Appendix to Answer Brief |
| Description | Appendix to Answer Brief |
| On Behalf Of | Safeco Insurance Company of Illinois |
| Docket Date | 2023-11-21 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to Serve Answer Brief |
| Description | ORDERED that Appellee's November 17, 2023 motion for extension of time is granted, and Appellee shall serve the answer brief on or before December 20, 2023. In addition, Appellee is notified that the failure to serve the brief within the time provided herein may foreclose Appellee's right to file a brief or otherwise participate in this appeal. |
| View | View File |
| Docket Date | 2023-11-17 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to Serve Answer Brief |
| Description | Motion for Extension of Time to Serve Answer Brief |
| Docket Date | 2023-10-19 |
| Type | Brief |
| Subtype | Initial Brief |
| Description | Initial Brief |
| On Behalf Of | Beaches MRI |
| View | View File |
| Docket Date | 2023-10-19 |
| Type | Motions Relating to Attorney Fees/Costs |
| Subtype | Motion For Attorney's Fees |
| Description | Motion For Attorney's Fees and Costs |
| Docket Date | 2023-09-06 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to Serve Initial Brief |
| Description | Mot. for Extension of time to file Initial Brief |
| On Behalf Of | Beaches MRI |
| Docket Date | 2023-08-15 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to Serve Initial Brief |
| Description | Order Granting EOT for Initial Brief ~ ORDERED that appellant's August 7, 2023 motion for extension of time is granted in part, and appellant shall serve the initial brief within thirty (30) days from the current due date. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions. |
| Docket Date | 2023-08-07 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to Serve Initial Brief |
| Description | Mot. for Extension of time to file Initial Brief |
| On Behalf Of | Beaches MRI |
| Docket Date | 2023-06-13 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to Serve Initial Brief |
| Description | Order Granting EOT for Initial Brief ~ ORDERED that appellant's June 7, 2023 motion for extension of time is granted, and appellant shall serve the initial brief within sixty (60) days from the current due date. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions. |
| Docket Date | 2023-06-07 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to Serve Initial Brief |
| Description | Mot. for Extension of time to file Initial Brief |
| On Behalf Of | Beaches MRI |
| Docket Date | 2023-05-15 |
| Type | Record |
| Subtype | Record on Appeal |
| Description | Received Records ~ 551 PAGES |
| On Behalf Of | Clerk - Broward |
| Docket Date | 2023-05-08 |
| Type | Notice |
| Subtype | Notice of Filing |
| Description | Notice of Filing ~ AND RESPONSE TO COURT ORDER DATED MAY 3, 2023 |
| On Behalf Of | Beaches MRI |
| Docket Date | 2023-05-03 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time |
| Description | Grant Extension of Time ~ ORDERED that appellant's May 1, 2023 motion for extension of time is granted, and appellant shall obtain a final order and file a copy in this court within fifteen (15) days from the date of this order. |
| Docket Date | 2023-05-01 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time |
| Description | Motion for Extension of Time ~ TO FILE FINAL ORDER |
| On Behalf Of | Beaches MRI |
| Docket Date | 2023-05-01 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| On Behalf Of | Safeco Insurance Company of Illinois |
| Docket Date | 2023-04-14 |
| Type | Misc. Events |
| Subtype | Case Filing Fee Paid through Portal |
| Description | Case Filing Fee Paid Through Portal |
| On Behalf Of | Beaches MRI |
| Docket Date | 2023-03-30 |
| Type | Order |
| Subtype | Order to File Response re Jurisdiction |
| Description | Aplnt to Obtain Final Order-Dobrick/BCH ~ It appearing that the order to which the Notice of Appeal is directed is a non-appealable, non-final order, appellant(s) shall have thirty (30) days from the date of this order to obtain a final order and to file a copy in this court. Failure to do so will result in sua sponte dismissal of the appeal. Dobrick v. Discovery Cruises, Inc., 581 So. 2d 645 (Fla. 4th DCA 1991); see also Rust v. Brown, 13 So. 3d 1105, 1107 (Fla. 4th DCA 2009) ("An order merely granting a motion for summary judgment is not a final order because it does not enter judgment for or against a party.").ORDERED that the trial court is specifically authorized, pursuant to Florida Rule of Appellate Procedure 9.600(b), upon appropriate application, to enter a final order in these proceedings. |
| Docket Date | 2023-03-29 |
| Type | Misc. Events |
| Subtype | Miscellaneous Trial Court Document |
| Description | Misc. LT pleadings ~ Civil Cover Sheet |
| Docket Date | 2023-03-29 |
| Type | Notice |
| Subtype | Notice of Appeal |
| Description | Notice of Appeal Filed |
| On Behalf Of | Beaches MRI |
| Docket Date | 2023-03-29 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgment Letter |
| Classification | NOA Final - Circuit Civil - Other |
| Court | 4th District Court of Appeal |
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County CACE07-008440 |
Parties
| Name | SAFECO INSURANCE COMPANY OF ILLINOIS |
| Role | Appellant |
| Status | Active |
| Representations | Mihaela Cabulea, Gary Guzzi, Antonio D. Morin, Gerald Barnette Cope, Jr. |
| Name | Joseph Anthony Hernandez |
| Role | Appellee |
| Status | Active |
| Name | Carlos Augusto Rodriguez |
| Role | Judge/Judicial Officer |
| Status | Active |
| Name | Clerk - Broward |
| Role | Lower Tribunal Clerk |
| Status | Active |
| Name | Rebecca L. Heikka |
| Role | Appellee |
| Status | Active |
| Representations | Joseph R. Dawson, Kenneth Donald Cooper |
Docket Entries
| Docket Date | 2024-04-04 |
| Type | Record |
| Subtype | Supplemental Record |
| Description | Supplemental Record |
| On Behalf Of | Rebecca L. Heikka |
| Docket Date | 2024-12-06 |
| Type | Order |
| Subtype | Order Vacating/Withdrawing Order |
| Description | ORDERED that this court's December 3, 2024 order is vacated as issued in error. Appellee's November 26, 2024 Motion for Extension of Time to File Post-Decision Motions is accepted. |
| View | View File |
| Docket Date | 2024-04-19 |
| Type | Response |
| Subtype | Response |
| Description | Appellant's Response to Appellee's Motion for Attorney's Fees |
| On Behalf Of | Safeco Insurance Company of Illinois |
| Docket Date | 2024-04-04 |
| Type | Motions Relating to Records |
| Subtype | Motion to Supplement Record |
| Description | Motion to Supplement Record |
| Docket Date | 2024-11-26 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to File Response |
| Description | Motion for Extension of Time to File Post-Decision Motions |
| Docket Date | 2024-11-26 |
| Type | Order |
| Subtype | Order Striking Filing |
| Description | ORDERED that Appellee's November 20, 2024 Motion is stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that it is a computer-generated document which does not comply with the font requirements set forth in Rule 9.045(b). See Fla. R. App. P. 9.045(b) ("Computer-generated documents shall be filed in either Arial 14-point font or Bookman Old Style 14-point font."). An amended document in compliance with Rule 9.045 shall be filed within two (2) days from the date of this order. |
| View | View File |
| Docket Date | 2024-11-21 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time |
| Description | ORDERED that Appellant's November 18, 2024 motion for extension of time to file post-decision motions is granted. |
| View | View File |
| Docket Date | 2024-11-20 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time |
| Description | Motion for Extension of Time to File Post-Decision Motions |
| Docket Date | 2024-11-18 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time |
| Description | Motion for Extension of Time to File Post-Decision Motions |
| Docket Date | 2024-11-06 |
| Type | Disposition by Opinion |
| Subtype | Affirmed in Part/Reversed in Part |
| Description | Affirmed in Part/Reversed in Part |
| View | View File |
| Docket Date | 2024-09-05 |
| Type | Order |
| Subtype | Order on Miscellaneous Motion |
| Description | ORDERED that appellant's August 22, 2024 motion to enlarge time for oral argument is granted and this court's June 20, 2024 order is amended to reflect the following: ORDERED that these cases are set for Oral Argument on Tuesday, September 17, 2024, at 10:00 a.m. for 30 minutes total, per side, in person at the Fourth District Court of Appeal Courthouse. If a side anticipates more than two attorneys sitting at counsel table during oral argument, it shall contact the Marshal's Office by phone at least two business days before the oral argument session. The court calendars can be viewed on this court's website at 4dca.flcourts.gov. In criminal cases where a victim, as defined in Article I, Section 16(e) of the Florida Constitution, has invoked their right to notice under Article I, Section 16(b)(6) of the Florida Constitution, the State shall provide the victim with notice of this oral argument and of any changes to the scheduled date or time. |
| View | View File |
| Docket Date | 2024-09-03 |
| Type | Response |
| Subtype | Response |
| Description | Response to Appellant's Motion to Enlarge Time for Oral Argument |
| Docket Date | 2024-08-22 |
| Type | Motions Other |
| Subtype | Miscellaneous Motion |
| Description | Motion to Enlarge Time for Oral Argument |
| Docket Date | 2024-08-22 |
| Type | Response |
| Subtype | Response |
| Description | Response to Order to Show Cause |
| Docket Date | 2024-08-22 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| Docket Date | 2024-06-20 |
| Type | Order |
| Subtype | Order Vacating/Withdrawing Order |
| Description | Order Vacating/Withdrawing Order |
| View | View File |
| Docket Date | 2024-06-05 |
| Type | Recognizing Agreed Extension |
| Subtype | Reply Brief |
| Description | 15 DAYS TO June 20, 2024. |
| Docket Date | 2024-06-05 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time - Reply Brief |
| Description | Notice of Agreed Extension of Time - Reply Brief |
| On Behalf Of | Safeco Insurance Company of Illinois |
| Docket Date | 2024-05-17 |
| Type | Order |
| Subtype | Order on Motion for Reconsideration/Rehearing of an Order |
| Description | ORDERED that, upon consideration of appellant's May 14, 2024 response, appellee's April 29, 2024 motion for rehearing is denied. |
| View | View File |
| Docket Date | 2024-05-14 |
| Type | Response |
| Subtype | Response |
| Description | Response in Opposition to Appellee's Motion for Rehearing |
| On Behalf Of | Safeco Insurance Company of Illinois |
| Docket Date | 2024-05-14 |
| Type | Record |
| Subtype | Supplemental Record |
| Description | Supplemental Record - 444 pages |
| On Behalf Of | Clerk - Broward |
| Docket Date | 2024-05-06 |
| Type | Brief |
| Subtype | Amended Answer Brief |
| Description | Amended Answer Brief |
| On Behalf Of | Rebecca L. Heikka |
| View | View File |
| Docket Date | 2024-04-29 |
| Type | Motions Other |
| Subtype | Motion for Reconsideration/Rehearing of an Order |
| Description | Motion for Rehearing and/or Clarification of an Order |
| Docket Date | 2024-04-24 |
| Type | Order |
| Subtype | Order on Motion to Supplement Record |
| Description | Order on Motion to Supplement Record |
| View | View File |
| Docket Date | 2024-03-28 |
| Type | Response |
| Subtype | Response |
| Description | Response to Appellee's Motion for Attorney's Fees |
| On Behalf Of | Safeco Insurance Company of Illinois |
| Docket Date | 2024-02-13 |
| Type | Brief |
| Subtype | Initial Brief |
| Description | Initial Brief |
| On Behalf Of | Safeco Insurance Company of Illinois |
| View | View File |
| Docket Date | 2024-02-08 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to Serve Initial Brief |
| Description | Order on Motion for Extension of Time to Serve Initial Brief |
| View | View File |
| Docket Date | 2024-02-05 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to Serve Initial Brief |
| Description | Motion for Extension of Time to Serve Initial Brief |
| Docket Date | 2024-01-22 |
| Type | Motion |
| Subtype | Request-Oral Argument |
| Description | Request for Oral Argument |
| View | View File |
| Docket Date | 2024-01-20 |
| Type | Brief |
| Subtype | Reply Brief |
| Description | Reply Brief |
| View | View File |
| Docket Date | 2024-01-19 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to Serve Initial Brief |
| Description | Order on Motion for Extension of Time to Serve Initial Brief |
| View | View File |
| Docket Date | 2024-01-17 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to Serve Reply Brief |
| Description | Order on Motion for Extension of Time to Serve Reply Brief |
| View | View File |
| Docket Date | 2024-01-17 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to Serve Initial Brief |
| Description | Motion for Extension of Time to Serve Initial Brief (for Case 23-1916) |
| Docket Date | 2024-01-16 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to Serve Reply Brief |
| Description | Motion for Extension of Time to Serve Reply Brief |
| Docket Date | 2024-01-04 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to Serve Reply Brief |
| Description | Order on Motion for Extension of Time to Serve Reply Brief |
| View | View File |
| Docket Date | 2023-12-23 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to Serve Reply Brief |
| Description | Motion for Extension of Time to Serve Reply Brief |
| Docket Date | 2023-12-04 |
| Type | Order |
| Subtype | Order on Agreed Extension of Time |
| Description | Order on Agreed Extension of Time -- 40 DAYS TO 1/16/24 |
| Docket Date | 2023-12-04 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time - Initial Brief |
| Description | Notice of Agreed Extension of Time - Initial Brief |
| Docket Date | 2023-11-10 |
| Type | Motions Other |
| Subtype | Motion To Strike |
| Description | RESPONSE AND MOTION TO STRIKE SUPPLEMENTAL MOTION FOR APPELLATE ATTORNEY'S FEES |
| On Behalf Of | Safeco Insurance Company of Illinois |
| Docket Date | 2023-11-02 |
| Type | Order |
| Subtype | Order |
| Description | Order |
| View | View File |
| Docket Date | 2023-11-02 |
| Type | Brief |
| Subtype | Amended Answer Brief |
| Description | Amended Answer Brief ***MOTION GRANTED*** |
| On Behalf Of | Rebecca L. Heikka |
| View | View File |
| Docket Date | 2023-10-30 |
| Type | Record |
| Subtype | Appendix to Answer Brief |
| Description | *AMENDED*Appendix to Answer Brief |
| On Behalf Of | Rebecca L. Heikka |
| Docket Date | 2023-10-27 |
| Type | Motions Other |
| Subtype | Miscellaneous Motion |
| Description | MOTION FOR LEAVE TO FILE A CORRECTED ANSWER BRIEF |
| Docket Date | 2023-10-27 |
| Type | Order |
| Subtype | Order Striking Filing |
| Description | Order Striking Filing |
| View | View File |
| Docket Date | 2023-10-27 |
| Type | Record |
| Subtype | Appendix to Answer Brief |
| Description | ***STRICKEN***Appendix to Answer Brief |
| On Behalf Of | Rebecca L. Heikka |
| Docket Date | 2023-10-27 |
| Type | Brief |
| Subtype | Answer Brief |
| Description | Answer Brief |
| On Behalf Of | Rebecca L. Heikka |
| View | View File |
| Docket Date | 2023-10-26 |
| Type | Motions Relating to Attorney Fees/Costs |
| Subtype | Motion For Attorney's Fees |
| Description | SUPPLEMENTAL MOTION FOR APPELLATE ATTORNEY FEES |
| On Behalf Of | Rebecca L. Heikka |
| Docket Date | 2023-10-19 |
| Type | Order |
| Subtype | Order on Motion to Consolidate |
| Description | **VACATED-SEE 6-20-24 ORDER** Order on Motion to Consolidate |
| View | View File |
| Docket Date | 2023-10-19 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to Serve Answer Brief |
| Description | Motion for Extension of Time to Serve Answer Brief |
| On Behalf Of | Rebecca L. Heikka |
| Docket Date | 2023-10-13 |
| Type | Response |
| Subtype | Response |
| Description | RESPONSE TO MOTION TO CONSOLIDATE APPEALS AND SUPPLEMENT THE RECORD |
| On Behalf Of | Rebecca L. Heikka |
| Docket Date | 2023-10-05 |
| Type | Order |
| Subtype | Order to File Response |
| Description | Order to File Response |
| View | View File |
| Docket Date | 2023-09-27 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to Serve Answer Brief |
| Description | Order on Motion for Extension of Time to Serve Answer Brief |
| View | View File |
| Docket Date | 2023-09-19 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to Serve Answer Brief |
| Description | Motion for Extension of Time to Serve Answer Brief |
| On Behalf Of | Rebecca L. Heikka |
| Docket Date | 2023-09-05 |
| Type | Motions Other |
| Subtype | Motion To Consolidate |
| Description | Motion To Consolidate ~ AND SUPPLEMENT THE RECORD |
| On Behalf Of | Safeco Insurance Company of Illinois |
| Docket Date | 2023-08-02 |
| Type | Response |
| Subtype | Response |
| Description | Response ~ TOAPPELLEE'S MOTION FOR APPELLATE ATTORNEY'S FEES |
| On Behalf Of | Safeco Insurance Company of Illinois |
| Docket Date | 2023-07-18 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to Serve Answer Brief |
| Description | Mot. for Extension of time to file Answer Brief |
| On Behalf Of | Rebecca L. Heikka |
| Docket Date | 2023-07-18 |
| Type | Motions Relating to Attorney Fees/Costs |
| Subtype | Motion For Attorney's Fees |
| Description | Motion For Attorney's Fees ~ **RESPONSE FILED 8/2/23** |
| On Behalf Of | Rebecca L. Heikka |
| Docket Date | 2023-06-22 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to Serve Initial Brief |
| Description | Order Granting EOT for Initial Brief ~ ORDERED that appellant's June 16, 2023 motion for extension of time is granted. The initial brief was filed June 21, 2023. |
| Docket Date | 2023-06-21 |
| Type | Brief |
| Subtype | Initial Brief |
| Description | Initial Brief on Merits |
| On Behalf Of | Safeco Insurance Company of Illinois |
| View | View File |
| Docket Date | 2023-06-16 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to Serve Initial Brief |
| Description | Mot. for Extension of time to file Initial Brief |
| On Behalf Of | Safeco Insurance Company of Illinois |
| Docket Date | 2023-01-17 |
| Type | Record |
| Subtype | Record on Appeal |
| Description | Received Records ~ PAGES 1-4454 |
| On Behalf Of | Clerk - Broward |
| Docket Date | 2022-12-19 |
| Type | Notice |
| Subtype | Notice of Filing |
| Description | Notice of Filing ~ ORDER. |
| On Behalf Of | Safeco Insurance Company of Illinois |
| Docket Date | 2022-12-07 |
| Type | Misc. Events |
| Subtype | Status Report |
| Description | Status Report |
| On Behalf Of | Safeco Insurance Company of Illinois |
| Docket Date | 2022-11-07 |
| Type | Order |
| Subtype | Abeyance Order |
| Description | Order Holding Case in Abeyance Per R. 9.020(h)(2)(C) ~ This court notes that a motion tolling rendition is pending in the trial court. ORDERED that the above-styled case is held in abeyance until the trial court disposes of the motion and appellant files a copy of the order in this court. On that date, this case shall proceed, and the briefing schedule shall run from that date. See Fla. R. App. P. 9.020(h)(2)(C). If the trial court has not entered an order disposing of the motion within thirty (30) days from the date of this order, appellant shall file a status report with this court as to the progress being made towards disposition of the motion. |
| Docket Date | 2022-11-03 |
| Type | Order |
| Subtype | Order on Filing Fee |
| Description | ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a lower tribunal clerk's determination of indigent status is filed. |
| Docket Date | 2022-11-03 |
| Type | Misc. Events |
| Subtype | Case Filing Fee Paid through Portal |
| Description | Case Filing Fee Paid Through Portal |
| On Behalf Of | Safeco Insurance Company of Illinois |
| Docket Date | 2022-11-03 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgment Letter |
| Docket Date | 2022-11-03 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| On Behalf Of | Safeco Insurance Company of Illinois |
| Docket Date | 2022-11-02 |
| Type | Misc. Events |
| Subtype | Fee Status |
| Description | FP:Fee Paid Through Portal |
| Docket Date | 2022-11-02 |
| Type | Notice |
| Subtype | Notice of Appeal |
| Description | Notice of Appeal Filed |
| On Behalf Of | Safeco Insurance Company of Illinois |
| Docket Date | 2025-01-10 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to File Response |
| Description | ORDERED that Appellant's January 3, 2025 motion for extension of time is granted, and the time for filing a response is extended to and including January 21, 2025. Further, ORDERED that Appellee's January 3, 2025 motion for extension of time is granted, and the time for filing a response is extended to and including January 23, 2025. |
| View | View File |
| Docket Date | 2025-01-03 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to File Response |
| Description | Motion for Extension of Time to File Response to Appellee's Motion for Rehearing |
| Docket Date | 2024-12-26 |
| Type | Post-Disposition Motions |
| Subtype | Motion for Rehearing and Rehearing En Banc |
| Description | Motion for Rehearing, Certification and Rehearing En Banc |
| Docket Date | 2024-12-23 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time |
| Description | ORDERED that Appellant's December 20, 2024 motion for extension of time to file post-decision motion's is granted. |
| View | View File |
| Docket Date | 2024-12-21 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time |
| Description | Safeco Insurance Company of Illinois' Unopposed Motion for Extension of Time to File Post-Decision Motions |
| Docket Date | 2024-12-20 |
| Type | Post-Disposition Motions |
| Subtype | Motion for Rehearing |
| Description | Motion for Rehearing |
| Docket Date | 2024-12-18 |
| Type | Order |
| Subtype | Order on Agreed Extension of Time |
| Description | ORDERED that the December 10, 2024 joint motion for extension of time is granted. |
| View | View File |
| Docket Date | 2024-12-10 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time |
| Description | Joint Motion for Extension of Time to File Post-Decision Motions |
| Docket Date | 2024-12-03 |
| Type | Order |
| Subtype | Order Striking Filing |
| Description | ORDERED that Appellee's November 26, 2024 motion is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that there is no certificate of service or the certificate of service does not comply in substance with the requirements of Florida Rule of General Practice and Judicial Administration 2.516(f). You are notified of the requirement to serve the Appellee with a copy of everything you file with this court and to indicate in the certificate of service that you served the Appellee. Appellant may re-file the document with a proper certificate of service which indicates service on the Appellee within fifteen (15) days from the date of this order. |
| View | View File |
| Docket Date | 2024-11-06 |
| Type | Order |
| Subtype | Order on Motion For Attorney's Fees |
| Description | ORDERED that Appellee's July 18, 2023 motion for appellate attorney's fees is granted. On remand, the trial court shall set the amount of the attorney's fees to be awarded for this appellate case. If a motion for rehearing is filed in this court, then services rendered in connection with the filing of the motion, including, but not limited to, preparation of a responsive pleading, shall be taken into account in computing the amount of the fee. Further, ORDERED that Appellee's October 26, 2023 supplemental motion for appellate attorney's fees is determined to be moot. Further, ORDERED that Appellant's November 10, 2023 motion to strike appellee's supplemental motion for appellate attorney's fees is determined to be moot. |
| View | View File |
| Docket Date | 2024-04-04 |
| Type | Motions Relating to Attorney Fees/Costs |
| Subtype | Motion For Attorney's Fees |
| Description | Motion For Attorney's Fees **Response filed 4/19/24** |
| Docket Date | 2024-04-04 |
| Type | Brief |
| Subtype | Answer Brief |
| Description | Answer Brief |
| On Behalf Of | Rebecca L. Heikka |
| View | View File |
| Docket Date | 2023-10-20 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to Serve Answer Brief |
| Description | Order on Motion for Extension of Time to Serve Answer Brief |
| View | View File |
| Docket Date | 2023-07-19 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to Serve Answer Brief |
| Description | Order Granting EOT for Answer Brief ~ ORDERED that appellees’ July 18, 2023 motion for extension of time is granted, and appellees shall serve the answer brief on or before September 20, 2023. In addition, appellees are notified that the failure to serve the brief within the time provided herein may foreclose appellees’ right to file a brief or otherwise participate in this appeal. |
| Docket Date | 2023-05-18 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to Serve Initial Brief |
| Description | Order Granting EOT for Initial Brief ~ ORDERED that appellant's May 17, 2023 motion for extension of time is granted, and appellant shall serve the initial brief within thirty (30) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions. |
| Docket Date | 2023-05-17 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to Serve Initial Brief |
| Description | Mot. for Extension of time to file Initial Brief |
| On Behalf Of | Safeco Insurance Company of Illinois |
| Docket Date | 2023-05-05 |
| Type | Order |
| Subtype | Order on Miscellaneous Motion |
| Description | Deny Miscellaneous Motion ~ Upon consideration of appellant's May 3, 2023 response, it is ORDERED that appellee's April 18, 2023 motion to mediate is denied. |
| Docket Date | 2023-05-03 |
| Type | Response |
| Subtype | Response |
| Description | Response |
| On Behalf Of | Safeco Insurance Company of Illinois |
| Docket Date | 2023-04-18 |
| Type | Motions Other |
| Subtype | Miscellaneous Motion |
| Description | Miscellaneous Motion ~ TO MEDIATE |
| On Behalf Of | Rebecca L. Heikka |
| Docket Date | 2023-04-17 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time - Initial Brief |
| Description | Notice of Agreed Extension - Initial Brief |
| On Behalf Of | Safeco Insurance Company of Illinois |
| Docket Date | 2023-04-17 |
| Type | Order |
| Subtype | Order on Agreed Extension of Time |
| Description | Recognizing Agreed Extension of Time ~ 30 DAYS TO 5/17/23. |
| Docket Date | 2023-02-22 |
| Type | Record |
| Subtype | Supplemental Record |
| Description | Supplemental Records ~ (132 PAGES) |
| On Behalf Of | Clerk - Broward |
| Docket Date | 2023-02-17 |
| Type | Order |
| Subtype | Order on Motion to Supplement Record & EOT/Toll Briefing |
| Description | Order Granting Motion to Supplement the Record ~ ORDERED that appellant's February 16, 2023 motion to supplement the record is granted. The material requested in the motion shall be included in the record on appeal. The clerk of the lower tribunal shall prepare and file the supplemental material in this court within ten (10) days from the date of this order. Appellant shall monitor the supplementation process. |
| Docket Date | 2023-02-16 |
| Type | Order |
| Subtype | Order on Agreed Extension of Time |
| Description | Recognizing Agreed Extension of Time ~ 60 DAYS TO 4/17/23. |
| Docket Date | 2023-02-16 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time - Initial Brief |
| Description | Notice of Agreed Extension - Initial Brief |
| On Behalf Of | Safeco Insurance Company of Illinois |
| Docket Date | 2023-02-16 |
| Type | Motions Relating to Records |
| Subtype | Motion to Supplement Record |
| Description | Motion To File Supplemental Record |
| On Behalf Of | Safeco Insurance Company of Illinois |
| Docket Date | 2023-01-18 |
| Type | Record |
| Subtype | Transcript |
| Description | Transcript Received ~ 1,217 PAGES |
| On Behalf Of | Clerk - Broward |
| Classification | NOA Final - County Small Claims - PIP |
| Court | 4th District Court of Appeal |
| Originating Court |
County Court for the Fifteenth Judicial Circuit, Palm Beach County 502018SC022038 |
Parties
| Name | SAFECO INSURANCE COMPANY OF ILLINOIS |
| Role | Appellant |
| Status | Active |
| Representations | Veresa Lia Jones Adams, Abbi Freifeld Carr, Keith Hernandez, Jeffrey Robert Geldens |
| Name | Shelley Holmstock |
| Role | Appellee |
| Status | Active |
| Name | MD NOW MEDICAL CENTERS, INC. |
| Role | Appellee |
| Status | Active |
| Representations | Douglas Howard Stein, Chad Leslie Christensen, Jeffrey Robert Geldens |
| Name | MD Now |
| Role | Appellee |
| Status | Active |
| Name | Hon. Reginald Roy Corlew |
| Role | Judge/Judicial Officer |
| Status | Active |
| Name | Clerk - Palm Beach |
| Role | Lower Tribunal Clerk |
| Status | Active |
Docket Entries
| Docket Date | 2023-11-03 |
| Type | Misc. Events |
| Subtype | West Publishing |
| Description | West Publishing |
| Docket Date | 2023-11-03 |
| Type | Mandate |
| Subtype | Mandate |
| Description | Mandate |
| View | View File |
| Docket Date | 2023-02-28 |
| Type | Order |
| Subtype | Order on Agreed Extension of Time |
| Description | Recognizing Agreed Extension of Time ~ 15 DAYS TO 03/16/2023 |
| Docket Date | 2023-01-30 |
| Type | Brief |
| Subtype | Answer Brief |
| Description | Appellee's Answer Brief |
| On Behalf Of | MD Now Medical Centers, Inc. |
| Docket Date | 2023-01-30 |
| Type | Motions Relating to Attorney Fees/Costs |
| Subtype | Motion For Attorney's Fees |
| Description | Motion For Attorney's Fees |
| On Behalf Of | MD Now Medical Centers, Inc. |
| Docket Date | 2023-10-18 |
| Type | Misc. Events |
| Subtype | West Publishing |
| Description | West Publishing |
| Docket Date | 2023-10-18 |
| Type | Order |
| Subtype | Order on Motion for Rehearing En Banc |
| Description | Order on Motion for Rehearing En Banc |
| View | View File |
| Docket Date | 2023-09-27 |
| Type | Response |
| Subtype | Response |
| Description | Response to Appellant's Motion for Rehearing / Rehearing En Banc |
| On Behalf Of | MD Now Medical Centers, Inc. |
| Docket Date | 2023-09-18 |
| Type | Post-Disposition Motions |
| Subtype | Motion for Rehearing and Rehearing En Banc |
| Description | Motion for Rehearing and Rehearing En Banc |
| On Behalf Of | Safeco Insurance Company of Illinois |
| Docket Date | 2023-08-23 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time |
| Description | Grant Extension of Time ~ ORDERED that appellant’s August 16, 2023 motion for extension of time is granted, and within thirty (30) days from the date of this order appellant may file any post-opinion motions. |
| Docket Date | 2023-08-16 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time |
| Description | Motion for Extension of Time |
| On Behalf Of | MD Now Medical Centers, Inc. |
| Docket Date | 2023-08-02 |
| Type | Order |
| Subtype | Order on Motion For Attorney's Fees |
| Description | Deny Attorney's Fees ~ ORDERED that appellant’s February 28, 2023 motion for appellate attorney's fees is denied. |
| Docket Date | 2023-08-02 |
| Type | Disposition by Opinion |
| Subtype | Affirmed |
| Description | Affirmed - Authored Opinion |
| Docket Date | 2023-03-10 |
| Type | Brief |
| Subtype | Reply Brief |
| Description | Appellant's Reply Brief |
| On Behalf Of | Safeco Insurance Company of Illinois |
| Docket Date | 2023-03-01 |
| Type | Response |
| Subtype | Response |
| Description | Response ~ TO APPELLANT'S MOTION FOR APPELLATE ATTORNEY'S FEES |
| On Behalf Of | MD Now Medical Centers, Inc. |
| Docket Date | 2023-02-28 |
| Type | Motions Relating to Attorney Fees/Costs |
| Subtype | Motion For Attorney's Fees |
| Description | Motion For Attorney's Fees ~ (Response filed 03/01/2023) |
| On Behalf Of | Safeco Insurance Company of Illinois |
| Docket Date | 2023-02-28 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time - Reply Brief |
| Description | Notice of Agreed Extension - Reply Brief |
| On Behalf Of | Safeco Insurance Company of Illinois |
| Docket Date | 2023-01-09 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to Serve Answer Brief |
| Description | ORD-Answer Brief to be Served ~ ORDERED that appellee’s unopposed January 4, 2023 motion for extension of time is granted, and the time for service of the answer brief is extended to and including February 15, 2023. In addition, appellee is notified that the failure to serve the brief within the time provided herein will foreclose appellee’s right to file a brief or otherwise participate in this appeal, or the court in its discretion may impose other sanctions. Appellee is advised that no further extensions will be granted absent a detailed explanation for why the answer brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant. Attorney workload does not constitute extraordinary circumstances which justifies a further extension of time.. |
| Docket Date | 2023-01-04 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to Serve Answer Brief |
| Description | Mot. for Extension of time to file Answer Brief |
| On Behalf Of | MD Now Medical Centers, Inc. |
| Docket Date | 2022-12-05 |
| Type | Order |
| Subtype | Order on Agreed Extension of Time |
| Description | Recognizing Agreed Extension of Time ~ 30 DAYS TO 01/16/2023. |
| Docket Date | 2022-12-05 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time - Answer Brief |
| Description | Notice of Agreed Extension - Answer Brief |
| On Behalf Of | MD Now Medical Centers, Inc. |
| Docket Date | 2022-10-25 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time - Answer Brief |
| Description | Notice of Agreed Extension - Answer Brief |
| On Behalf Of | MD Now Medical Centers, Inc. |
| Docket Date | 2022-10-25 |
| Type | Order |
| Subtype | Order on Agreed Extension of Time |
| Description | Recognizing Agreed Extension of Time ~ 60 DAYS TO 12/17/2022 |
| Docket Date | 2022-09-19 |
| Type | Brief |
| Subtype | Initial Brief |
| Description | Initial Brief on Merits |
| On Behalf Of | Safeco Insurance Company of Illinois |
| Docket Date | 2022-09-15 |
| Type | Order |
| Subtype | Order on Motion to Supplement Record & EOT/Toll Briefing |
| Description | ORD-Allowing Attachment to Record ~ ORDERED that appellant’s September 13, 2022 motion to supplement the record is granted, and the record is supplemented to include the material listed in the motion. Said supplemental record is deemed filed as of the date of this order. |
| Docket Date | 2022-09-15 |
| Type | Record |
| Subtype | Supplemental Record |
| Description | Supplemental Records |
| On Behalf Of | Safeco Insurance Company of Illinois |
| Docket Date | 2022-09-13 |
| Type | Motions Relating to Records |
| Subtype | Motion to Supplement Record |
| Description | Motion To File Supplemental Record |
| On Behalf Of | Safeco Insurance Company of Illinois |
| Docket Date | 2022-09-12 |
| Type | Order |
| Subtype | Show Cause |
| Description | Show Cause Lack of Prosecution, Initial Brief ~ ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, within ten (10) days from the date of this order, why the above-styled case should not be dismissed for lack of timely prosecution, in that appellant’s initial brief has not been filed with this court as of this date. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief is filed within this time, the order to show cause will be considered automatically discharged without further order. |
| Docket Date | 2022-08-10 |
| Type | Record |
| Subtype | Transcript |
| Description | Transcript Received ~ 27 PAGES |
| On Behalf Of | Clerk - Palm Beach |
| Docket Date | 2022-07-22 |
| Type | Order |
| Subtype | Order on Motion to Consolidate |
| Description | ORD-Granting Consolidation ~ ORDERED that, upon consideration of the parties' responses to the court's July 5, 2022 order to show cause, case numbers 4D22-846, 4D22-847, and 4D22-1486 are consolidated for designation to the same appellate panel for review. |
| Docket Date | 2022-07-15 |
| Type | Response |
| Subtype | Response |
| Description | Response to Order to Show Cause |
| On Behalf Of | Safeco Insurance Company of Illinois |
| Docket Date | 2022-07-13 |
| Type | Response |
| Subtype | Response |
| Description | Response to Order to Show Cause |
| On Behalf Of | MD Now Medical Centers, Inc. |
| Docket Date | 2022-07-05 |
| Type | Order |
| Subtype | Order to Show Cause |
| Description | Order to Show Cause ~ Upon consideration of appellant’s June 30, 2022 notice of similar case pending, it is ORDERED that the parties are to show cause, within ten (10) days from the date of this order, as to why case numbers 4D22-846, 4D22-847, and 4D22-1486 should not be consolidated for the purpose of designation to the same appellate panel for review. |
| Docket Date | 2022-06-30 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| On Behalf Of | Safeco Insurance Company of Illinois |
| Docket Date | 2022-04-28 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| On Behalf Of | MD Now Medical Centers, Inc. |
| Docket Date | 2022-04-27 |
| Type | Misc. Events |
| Subtype | Miscellaneous Trial Court Order |
| Description | ORD-FROM CIRCUIT COURT/AGENCY ~ FINAL JUDGMENT |
| On Behalf Of | MD Now Medical Centers, Inc. |
| Docket Date | 2022-03-31 |
| Type | Order |
| Subtype | Order to File Response re Jurisdiction |
| Description | Aplnt to Obtain Final Order-Dobrick/BCH ~ It appearing that the order to which the Notice of Appeal is directed is a non-appealable, non-final order, appellant(s) shall have thirty (30) days from the date of this order to obtain a final order and to file a copy in this court. Failure to do so will result in sua sponte dismissal of the appeal. Dobrick v. Discovery Cruises, Inc., 581 So. 2d 645 (Fla. 4th DCA 1991); see also Rust v. Brown, 13 So. 3d 1105, 1107 (Fla. 4th DCA 2009) ("An order merely granting a motion for summary judgment is not a final order because it does not enter judgment for or against a party.").ORDERED that the trial court is specifically authorized, pursuant to Florida Rule of Appellate Procedure 9.600(b), upon appropriate application, to enter a final order in these proceedings. |
| Docket Date | 2022-03-29 |
| Type | Misc. Events |
| Subtype | Case Filing Fee Paid through Portal |
| Description | Case Filing Fee Paid Through Portal |
| On Behalf Of | Safeco Insurance Company of Illinois |
| Docket Date | 2022-03-28 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgment Letter |
| Docket Date | 2022-03-28 |
| Type | Misc. Events |
| Subtype | Miscellaneous Trial Court Document |
| Description | Misc. LT pleadings ~ Civil Cover Sheet |
| Docket Date | 2022-03-28 |
| Type | Notice |
| Subtype | Notice of Appeal |
| Description | Notice of Appeal Filed |
| On Behalf Of | Safeco Insurance Company of Illinois |
| Docket Date | 2022-03-28 |
| Type | Order |
| Subtype | Order on Filing Fee |
| Description | ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a lower tribunal clerk's determination of indigent status is filed. |
| Classification | NOA Final - Circuit Civil - Other |
| Court | 2nd District Court of Appeal |
| Originating Court |
Circuit Court for the Sixth Judicial Circuit, Pinellas County 2017CA-001282 |
Parties
| Name | MARIA KITENPLON |
| Role | Appellant |
| Status | Active |
| Representations | Samuel Hillman, Esq., ROY D. WASSON, ESQ., RICHARD A. BOKOR, ESQ. |
| Name | SAFECO INSURANCE COMPANY OF ILLINOIS |
| Role | Appellee |
| Status | Active |
| Name | LOWMAN LAW FIRM, P.A. |
| Role | Appellee |
| Status | Active |
| Name | BRENT M. LOWMAN, ESQ. |
| Role | Appellee |
| Status | Active |
| Representations | GLENN G. GOMER, ESQ., JASON O. MEYERS, ESQ. |
| Name | HON. CYNTHIA J. NEWTON |
| Role | Judge/Judicial Officer |
| Status | Active |
| Name | PINELLAS CLERK |
| Role | Lower Tribunal Clerk |
| Status | Active |
Docket Entries
| Docket Date | 2022-07-06 |
| Type | Disposition by Order |
| Subtype | Dismissed |
| Description | ORDER GRANTING VOLUNTARY DISMISSAL ~ Pursuant to the notice of voluntary dismissal filed herein, this appeal isdismissed. |
| Docket Date | 2022-07-06 |
| Type | Disposition |
| Subtype | Dismissed |
| Description | Dismissed - Order by Clerk |
| Docket Date | 2022-07-06 |
| Type | Misc. Events |
| Subtype | Case Closed |
| Description | Case Closed |
| Docket Date | 2022-07-05 |
| Type | Motions Other |
| Subtype | Motion/Notice Voluntary Dismissal |
| Description | Notice of Voluntary Dismissal |
| On Behalf Of | MARIA KITENPLON |
| Docket Date | 2022-07-05 |
| Type | Order |
| Subtype | Order to Serve Brief |
| Description | Order for Immediate Filing of Brief ~ Appellee's answer brief shall be served within 20 days from the date of this order. |
| Docket Date | 2022-05-09 |
| Type | Brief |
| Subtype | Initial Brief |
| Description | Initial Appellant Brief on Merits |
| On Behalf Of | MARIA KITENPLON |
| Docket Date | 2022-04-26 |
| Type | Order |
| Subtype | Order |
| Description | Miscellaneous Order ~ In light of the statements in Appellant's April 25, 2022, status report, the relinquishment period has concluded and this matter shall proceed. |
| Docket Date | 2022-04-25 |
| Type | Misc. Events |
| Subtype | Status Report |
| Description | Status Report ~ APPELLANT'S STATUS REPORT |
| On Behalf Of | MARIA KITENPLON |
| Docket Date | 2022-03-22 |
| Type | Record |
| Subtype | Supplemental Record |
| Description | Supplemental Records ~ REDACTED - 55 PAGES |
| Docket Date | 2022-03-07 |
| Type | Motions Relating to Records |
| Subtype | Motion to Supplement Record |
| Description | Motion to Supplement ~ APPELLANT'S MOTION TO SUPPLEMENT RECORDWITH STATEMENT OF EVIDENCE AND PROCEDINGSAS SETTLED AND APPROVED BY TRIAL COURT |
| On Behalf Of | MARIA KITENPLON |
| Docket Date | 2022-03-02 |
| Type | Record |
| Subtype | Record on Appeal |
| Description | Received Records ~ NEWTON - REDACTED - 256 PAGES |
| Docket Date | 2022-03-01 |
| Type | Misc. Events |
| Subtype | Certificate |
| Description | Certificate ~ CERTIFICATE 0F THE CLERK |
| On Behalf Of | PINELLAS CLERK |
| Docket Date | 2022-01-03 |
| Type | Notice |
| Subtype | Notice of Appeal |
| Description | Notice of Appeal Filed ~ W/ORDER |
| On Behalf Of | MARIA KITENPLON |
| Docket Date | 2022-01-03 |
| Type | Misc. Events |
| Subtype | Fee Status |
| Description | A3:Paid In Full - $300 |
| Docket Date | 2022-01-03 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgment Letter 1 |
| Docket Date | 2022-01-03 |
| Type | Order |
| Subtype | Order on Filing Fee |
| Description | fee - civil; atty ~ This appeal has been filed without a filing fee required by section 35.22(2)(a), Florida Statutes, Florida Statutes.If the attorney for appellant has not already done so, they shall forward the required $300.00 filing fee or, if applicable, a certificate or order of the lower tribunal finding appellant insolvent pursuant to section 57.081, Florida Statutes, within twenty days from the date of this order.If this court does not receive either of the above within the prescribed time, this appeal may be subject to dismissal without further notice. |
| Docket Date | 2022-03-10 |
| Type | Order |
| Subtype | Order on Motion to Relinquish Jurisdiction |
| Description | ORDER GRANTING RELINQUISH JURISDICTION ~ Appellant's Motion to Supplement Record with Statement of Evidence and Proceedings as Settled and Approved by Trial court is treated as a motion to relinquish jurisdiction and granted. Jurisdiction is relinquished to the trial court for 45 days from the date of this order for the parties and trial court to reconstruct the record in accordance with the issues identified in the motion to relinquish and with Florida Rule of Appellate Procedure 9.200(b)(5). The clerk of the circuit shall supplement the record with the stipulated statement within 10 days of its filing; no further order from this court shall be necessary for supplementation. The appellant shall file a status report of the proceedings within 45 days from the date of this order. The initial brief shall be served within 60 days of this order. |
| Classification | NOA Non Final - County Civil - Other |
| Court | 4th District Court of Appeal |
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County COSO21-004908 |
Parties
| Name | Dr. Chris Thompson, DC, PA |
| Role | Appellant |
| Status | Active |
| Representations | Chad A. Barr |
| Name | SAFECO INSURANCE COMPANY OF ILLINOIS |
| Role | Appellee |
| Status | Active |
| Representations | Brian Pujols |
| Name | Hon. Terri-Ann Miller |
| Role | Judge/Judicial Officer |
| Status | Active |
| Name | Clerk - Broward |
| Role | Lower Tribunal Clerk |
| Status | Active |
Docket Entries
| Docket Date | 2022-02-04 |
| Type | Misc. Events |
| Subtype | West Publishing |
| Description | West Publishing |
| Docket Date | 2022-02-04 |
| Type | Mandate |
| Subtype | Mandate |
| Description | Mandate |
| Docket Date | 2022-01-19 |
| Type | Order |
| Subtype | Order on Motion For Attorney's Fees |
| Description | Order Granting Attorney Fees-Prevailing ~ ORDERED that Appellant’s October 29, 2021 motion for appellate fees is granted conditioned on the trial court determining that the moving party is the prevailing party. The request for costs in the motion is stricken as unauthorized. See Superior Prot., Inc. v. Martinez, 930 So. 2d 859, 860 (Fla. 2d DCA 2006). |
| Docket Date | 2022-01-19 |
| Type | Disposition by Opinion |
| Subtype | Reversed |
| Description | Reversed - Per Curiam Opinion |
| Docket Date | 2021-11-01 |
| Type | Order |
| Subtype | Order to Show Cause |
| Description | Order to Show Cause ~ ORDERED that, within ten (10) days from the date of this order, appellee shall file a response with this court and show cause as to why this appeal should not be controlled by this court's disposition in Advanced Diagnostic Grp. v. Ocean Harbor Cas. Ins. Co., 321 So. 3d 772 (Fla. 4th DCA 2021). Appellant may file a reply within five (5) days after the filing of the response. No extensions of time will be permitted absent a showing of extraordinary circumstances. |
| Docket Date | 2021-11-01 |
| Type | Record |
| Subtype | Appendix |
| Description | Appendix to Brief |
| On Behalf Of | Dr. Chris Thompson, DC, PA |
| Docket Date | 2021-10-29 |
| Type | Motions Relating to Attorney Fees/Costs |
| Subtype | Motion For Attorney's Fees |
| Description | Motion For Attorney's Fees |
| On Behalf Of | Dr. Chris Thompson, DC, PA |
| Docket Date | 2021-10-29 |
| Type | Record |
| Subtype | Appendix |
| Description | Appendix to Brief ~ **STRICKEN** |
| On Behalf Of | Dr. Chris Thompson, DC, PA |
| Docket Date | 2021-10-29 |
| Type | Brief |
| Subtype | Initial Brief |
| Description | Initial Brief on Merits |
| On Behalf Of | Dr. Chris Thompson, DC, PA |
| Docket Date | 2021-10-27 |
| Type | Misc. Events |
| Subtype | Case Filing Fee Paid through Portal |
| Description | Case Filing Fee Paid Through Portal |
| On Behalf Of | Dr. Chris Thompson, DC, PA |
| Docket Date | 2021-10-25 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgment Letter |
| Docket Date | 2021-10-25 |
| Type | Order |
| Subtype | Order on Filing Fee |
| Description | ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes, is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a lower tribunal clerk's determination of indigent status is filed. |
| Docket Date | 2021-10-22 |
| Type | Notice |
| Subtype | Notice of Appeal |
| Description | Notice of Appeal Filed |
| On Behalf Of | Dr. Chris Thompson, DC, PA |
| Docket Date | 2021-10-22 |
| Type | Misc. Events |
| Subtype | Miscellaneous Trial Court Document |
| Description | Misc. LT pleadings ~ *Civil Cover Sheet |
| Classification | NOA Non Final - County Small Claims - PIP |
| Court | 4th District Court of Appeal |
| Originating Court |
County Court for the Seventeenth Judicial Circuit, Broward County CONO20-011995 |
Parties
| Name | Nicholas Macisaac |
| Role | Appellant |
| Status | Active |
| Name | THE MEDICAL GROUP OF SOUTH FLORIDA, INC |
| Role | Appellant |
| Status | Active |
| Representations | Daniel Manyari, Thomas J. Wenzel |
| Name | Lynette Coleman |
| Role | Appellee |
| Status | Active |
| Name | SAFECO INSURANCE COMPANY OF ILLINOIS |
| Role | Appellee |
| Status | Active |
| Name | Hon. John D. Fry |
| Role | Judge/Judicial Officer |
| Status | Active |
| Name | Clerk - Broward |
| Role | Lower Tribunal Clerk |
| Status | Active |
Docket Entries
| Docket Date | 2222-06-17 |
| Type | Misc. Events |
| Subtype | Miscellaneous Docket Entry |
| Description | Miscellaneous Entry/Document ~ CASE NUMBERS 4D21-721, 4D21-1079, 4D21-1109, 4D21-1111, 4D21-1112, 4D21-1407, 4D21-1510, 4D21-1579, 4D21-1581, 4D21-1602, 4D21-1078, 4D21-1352, 4D21-1354, and 4D21-1502 ARE CONSOLIDATED FOR PURPOSES OF PANEL AND OPINION. SEE 06/16/2021 ORDER. |
| Docket Date | 2021-08-13 |
| Type | Misc. Events |
| Subtype | West Publishing |
| Description | West Publishing |
| Docket Date | 2021-08-13 |
| Type | Mandate |
| Subtype | Mandate |
| Description | Mandate |
| Docket Date | 2021-07-28 |
| Type | Disposition by Opinion |
| Subtype | Reversed |
| Description | Reversed - Per Curiam Opinion ~ ON CONFESSION OF ERROR |
| Docket Date | 2021-06-16 |
| Type | Order |
| Subtype | Order |
| Description | Miscellaneous Order ~ ORDERED that case numbers 4D21-721, 4D21-1079, 4D21-1109, 4D21-1111, 4D21-1112, 4D21-1407, 4D21-1510, 4D21-1579, 4D21-1581, 4D21-1602, 4D21-1078, 4D21-1352, 4D21-1354, and 4D21-1502 are consolidated for purposes of panel and opinion. |
| Docket Date | 2021-05-24 |
| Type | Order |
| Subtype | Order to Show Cause |
| Description | Order to Show Cause ~ ORDERED that, within ten (10) days from the date of this order, appellee shall file a response with this court and show cause as to why this appeal should not be controlled by this court’s disposition in Advanced Diagnostic Group v. Ocean Harbor Cas. Ins. Co., Case No. 4D21-458, 2021 WL 1310851 (Fla. 4th DCA Apr. 8, 2021). Appellant may file a reply within five (5) days after the filing of the response. No extensions of time will be permitted absent a showing of extraordinary circumstances. |
| Docket Date | 2021-05-17 |
| Type | Misc. Events |
| Subtype | Case Filing Fee Paid through Portal |
| Description | Case Filing Fee Paid Through Portal |
| On Behalf Of | Safeco Insurance Company of Illinois |
| Docket Date | 2021-05-14 |
| Type | Order |
| Subtype | Order on Filing Fee |
| Description | ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes, is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a lower tribunal clerk's determination of indigent status is filed. |
| Docket Date | 2021-05-14 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgment Letter |
| Docket Date | 2021-05-13 |
| Type | Misc. Events |
| Subtype | Fee Status |
| Description | FP:Fee Paid Through Portal |
| Docket Date | 2021-05-13 |
| Type | Notice |
| Subtype | Notice of Appeal |
| Description | Notice of Appeal Filed |
| On Behalf Of | The Medical Group of South Florida, Inc. |
| Classification | NOA Final - County Small Claims - Other |
| Court | 5th District Court of Appeal |
| Originating Court |
Circuit Court for the Ninth Judicial Circuit, Orange County 2020-CV-000054-A-O County Court for the Ninth Judicial Circuit, Orange County 2020-SC-015942-O |
Parties
| Name | RAPID AUTO GLASS LLC |
| Role | Appellant |
| Status | Active |
| Representations | Virginia E. Davis Horton, Chad A. Barr |
| Name | SAFECO INSURANCE COMPANY OF ILLINOIS |
| Role | Appellee |
| Status | Active |
| Name | SAFECO INSURANCE COMPANY OF AMERICA |
| Role | Appellee |
| Status | Active |
| Representations | Edward C. Duncan |
| Name | SAFECO NATIONAL INSURANCE COMPANY |
| Role | Appellee |
| Status | Active |
| Name | Hon. Brian F. Duckworth |
| Role | Judge/Judicial Officer |
| Status | Active |
| Name | Orange Cty Circuit Ct Clerk |
| Role | Lower Tribunal Clerk |
| Status | Active |
Docket Entries
| Docket Date | 2021-02-19 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to Serve Initial Brief |
| Description | Mot. for Extension of time to file Initial Brief |
| On Behalf Of | Rapid Auto Glass |
| Docket Date | 2021-01-21 |
| Type | Order |
| Subtype | Order Discharging Show Cause Order |
| Description | ORD-Discharging Show Cause ~ IB BY 2/19 |
| Docket Date | 2022-04-18 |
| Type | Record |
| Subtype | Returned Records |
| Description | Returned Records ~ NO RECORD E-FILED |
| Docket Date | 2022-04-18 |
| Type | Mandate |
| Subtype | Notice Memorandum |
| Description | Notice Memorandum |
| Docket Date | 2022-03-28 |
| Type | Disposition |
| Subtype | Dismissed |
| Description | Dismissed - Order by Judge ~ LACK OF JURISDICTION |
| Docket Date | 2022-03-28 |
| Type | Disposition by Order |
| Subtype | Dismissed |
| Description | Order Dismissing Appeal ~ AA MOT FOR ATTY FEES DENIED |
| Docket Date | 2021-09-22 |
| Type | Brief |
| Subtype | Reply Brief |
| Description | Appellant's Reply Brief |
| On Behalf Of | Rapid Auto Glass |
| Docket Date | 2021-08-24 |
| Type | Order |
| Subtype | Order |
| Description | ORD - Appeal to Proceed ~ RB W/I 30 DYS |
| Docket Date | 2021-08-24 |
| Type | Misc. Events |
| Subtype | Miscellaneous Trial Court Order |
| Description | ORD-From Circuit Court/Agency ~ LT ORDER GRANTING MOT TO WITHDRAW NOTICE OF VOL. DISMISSAL |
| Docket Date | 2021-07-27 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time |
| Description | Order Grant EOT ~ RELINQUISHMENT EXTENDED UNTIL 8/23; REPLY BRF W/IN 30 DAYS OF THE FILING OF THE TRIAL COURT'S ORDER |
| Docket Date | 2021-07-22 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time |
| Description | Motion for Extension of Time ~ FOR RELINQUISHMENT OF JURISDICTION |
| On Behalf Of | Rapid Auto Glass |
| Docket Date | 2021-06-22 |
| Type | Order |
| Subtype | Order on Motion to Relinquish Jurisdiction |
| Description | ORD-Granting Relinquishment of Jurisdiction ~ JURISDICTION RELINQUISHED UNTIL 7/22; AA TO FILE ORDER IN THIS COURT W/IN 3 DAYS OF ITS RENDITION; AA SHALL SERVE REPLY BRF W/IN 30 DAYS OF THE FILING OF THE TRIAL COURT'S ORDER IN THIS COURT |
| Docket Date | 2021-06-15 |
| Type | Motions Other |
| Subtype | Motion To Relinquish Jurisdiction |
| Description | Motion To Relinquish Jurisdiction |
| On Behalf Of | Rapid Auto Glass |
| Docket Date | 2021-05-25 |
| Type | Brief |
| Subtype | Answer Brief |
| Description | Appellee's Answer Brief |
| On Behalf Of | Safeco Insurance Company of America |
| Docket Date | 2021-05-05 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to Serve Answer Brief |
| Description | Mot. for Extensio of time to file Answer Brief |
| On Behalf Of | Safeco Insurance Company of America |
| Docket Date | 2021-05-05 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to Serve Answer Brief |
| Description | Order Grant EOT for Answer Brief ~ AB BY 5/25 |
| Docket Date | 2021-04-06 |
| Type | Motions Relating to Attorney Fees/Costs |
| Subtype | Motion For Attorney's Fees |
| Description | Motion For Attorney's Fees ~ FOR MERIT PANEL CONSIDERATION |
| On Behalf Of | Rapid Auto Glass |
| Docket Date | 2021-04-05 |
| Type | Brief |
| Subtype | Initial Brief |
| Description | Initial Brief on Merits |
| On Behalf Of | Rapid Auto Glass |
| Docket Date | 2021-03-31 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to Serve Initial Brief |
| Description | Order Grant EOT for Initial Brief ~ INITIAL BRF BY 4/5; ABSENT EXTENUATING CIRCUMSTANCES, ADDITIONAL EXTENSIONS OF TIME WILL BE DENIED. |
| Docket Date | 2021-03-24 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to Serve Initial Brief |
| Description | Mot. for Extension of time to file Initial Brief |
| On Behalf Of | Rapid Auto Glass |
| Docket Date | 2021-02-22 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to Serve Initial Brief |
| Description | Order Grant EOT for Initial Brief ~ IB BY 3/24 |
| Docket Date | 2021-01-20 |
| Type | Response |
| Subtype | Response |
| Description | RESPONSE ~ PER 1/15 ORDER AND REQUEST FOR EOT |
| On Behalf Of | Rapid Auto Glass |
| Docket Date | 2021-01-19 |
| Type | Record |
| Subtype | Record on Appeal |
| Description | Received Records ~ SMALL CLAIMS RECORDS - 148 PAGES |
| On Behalf Of | Orange Cty Circuit Ct Clerk |
| Docket Date | 2021-01-15 |
| Type | Misc. Events |
| Subtype | Fee Status |
| Description | NF:Not Required |
| Docket Date | 2021-01-15 |
| Type | Order |
| Subtype | Show Cause |
| Description | Show Cause Lack of Prosecution, Initial Brief ~ W/IN 10 DAYS; DISCHARGED 1/21 |
| Docket Date | 2021-01-15 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgement Letter 1 |
| Docket Date | 2021-01-15 |
| Type | Motions Relating to Records |
| Subtype | Motion to Supplement Record & EOT/Toll Briefing |
| Description | Motion Supplemental Record & Eot For Brief ~ TRTD AS MOT TO COMPEL PER 1/15 ORDER |
| On Behalf Of | Rapid Auto Glass |
| Docket Date | 2021-01-14 |
| Type | Notice |
| Subtype | Notice of Appeal |
| Description | Notice of Appeal Filed ~ FILED BELOW 11/03/20 |
| On Behalf Of | Rapid Auto Glass |
| Docket Date | 2021-01-14 |
| Type | Misc. Events |
| Subtype | Miscellaneous Docket Entry |
| Description | Miscellaneous Docket Entry ~ APPEALS TRANSFER FORM AND PROGRESS DOCKET |
| On Behalf Of | Orange Cty Circuit Ct Clerk |
| Docket Date | 2021-01-14 |
| Type | Record |
| Subtype | Record on Appeal |
| Description | Received Records ~ CIRCUIT COURT RECORDS- 9 PAGES |
| On Behalf Of | Orange Cty Circuit Ct Clerk |
| Classification | Original Proceedings - Circuit Civil - Certiorari |
| Court | 4th District Court of Appeal |
| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, Martin County 2017CA001026AXXXHC |
Parties
| Name | Matthew Melton |
| Role | Petitioner |
| Status | Active |
| Representations | William Raymond Ponsoldt |
| Name | Jennifer Melton |
| Role | Petitioner |
| Status | Active |
| Name | SAFECO INSURANCE COMPANY OF ILLINOIS |
| Role | Respondent |
| Status | Active |
| Representations | Anthony J. Russo, Mihaela Cabulea, Eric Zivitz, Paola F. Solano |
| Name | Hon. Laurie E. Buchanan |
| Role | Judge/Judicial Officer |
| Status | Active |
| Name | Clerk - Martin |
| Role | Lower Tribunal Clerk |
| Status | Active |
Docket Entries
| Docket Date | 2021-02-02 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| On Behalf Of | Safeco Insurance Company of Illinois |
| Docket Date | 2021-02-02 |
| Type | Order |
| Subtype | Show Cause re Petition |
| Description | ORD-Writs Show Cause with Reply ~ ORDERED that respondent shall file a response within twenty (20) days and show cause why the petition should not be granted. Petitioners may file a reply within ten (10) days of service of the response. |
| Docket Date | 2021-03-17 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to File Response |
| Description | Grant EOT to file Response ~ ORDERED that respondent's March 16, 2021 motion for extension of time is granted. The time for filing a response is extended to March 23, 2021. |
| Docket Date | 2021-03-16 |
| Type | Record |
| Subtype | Appendix |
| Description | Appendix ~ TO MOTION TO TAKE JUDICIAL NOTICE |
| On Behalf Of | Safeco Insurance Company of Illinois |
| Docket Date | 2021-06-29 |
| Type | Disposition by Order |
| Subtype | Denied |
| Description | Order Denying Petition for Writ - Certiorari ~ ORDERED that the January 14, 2021 petition for writ of certiorari is denied. Further,ORDERED that respondent's May 10, 2021 motions for attorney's fees are granted conditioned on the trial court determining that respondent is the prevailing party and, if so, setting the amount of the attorney's fees to be awarded for this appellate case. If a motion for rehearing is filed in this court, then services rendered in connection with the filing of the motion, including but not limited to preparation of a responsive pleading, shall be taken into account in computing the amount of the fee. Further,ORDERED that petitioners’ May 10, 2021 motions for attorneys’ fees are denied. Further,ORDERED that petitioners’ January 27, 2021 request for oral argument is denied.WARNER, DAMOORGIAN and KLINGENSMITH, JJ., concur. |
| Docket Date | 2021-06-29 |
| Type | Disposition |
| Subtype | Denied |
| Description | Denied - Order by Judge |
| Docket Date | 2021-05-25 |
| Type | Response |
| Subtype | Response |
| Description | Response ~ TO PETITIONER JENNIFER MELTON'S MOTION FOR ATTORNEY'S FEES |
| On Behalf Of | Safeco Insurance Company of Illinois |
| Docket Date | 2021-05-21 |
| Type | Response |
| Subtype | Response |
| Description | Response ~ TO RESPONDENT'S MOTIONS FOR ATTORNEY'S FEES AS TO JENNIFER MELTON AND MOTION FOR ATTORNEY'S FEES AS TO MATTHEW MELTON INCURRED IN THESE CERTIORARI PROCEEDINGS |
| On Behalf Of | Matthew Melton |
| Docket Date | 2021-05-21 |
| Type | Record |
| Subtype | Appendix to Response |
| Description | Appendix to Response |
| On Behalf Of | Matthew Melton |
| Docket Date | 2021-05-10 |
| Type | Motions Relating to Attorney Fees/Costs |
| Subtype | Motion For Attorney's Fees |
| Description | Motion For Attorney's Fees ~ DENIED **RESPONSE FILED 05/25/2021** JENNIFER MELTON |
| On Behalf Of | Matthew Melton |
| Docket Date | 2021-03-16 |
| Type | Motions Other |
| Subtype | Motion/Request for Judicial Notice |
| Description | Motion/Request for Judicial Notice ~ MOTION FOR THIS COURT TO TAKE JUDICIAL NOTICE OF ITS OWN RECORDS IN RELATED CASE 4D20-1663 |
| On Behalf Of | Safeco Insurance Company of Illinois |
| Docket Date | 2021-05-10 |
| Type | Response |
| Subtype | Reply to Response |
| Description | Reply to Response |
| On Behalf Of | Matthew Melton |
| Docket Date | 2021-05-10 |
| Type | Record |
| Subtype | Appendix |
| Description | Appendix ~ FOR FEE MOTIONS |
| On Behalf Of | Matthew Melton |
| Docket Date | 2021-03-16 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to File Response |
| Description | Motion for Extension of Time to File Response |
| On Behalf Of | Safeco Insurance Company of Illinois |
| Docket Date | 2021-04-29 |
| Type | Order |
| Subtype | Order on Motion/Request for Judicial Notice |
| Description | Order Granting Motion/Request for Judicial Notice ~ ORDERED that, having considered the response, respondent's March 16, 2021 motion to take judicial notice is granted. The Court takes judicial notice of its records in 4D21-1663. Petitioners may file a reply to the response to the order to show cause within ten (10) days of this order. |
| Docket Date | 2021-04-27 |
| Type | Response |
| Subtype | Response |
| Description | Response ~ TO REQUEST TO TAKE JUDICIAL NOTICE |
| On Behalf Of | Matthew Melton |
| Docket Date | 2021-03-31 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to File Response |
| Description | Grant EOT to file Response ~ ORDERED that the March 30, 2021 motion for extension of time is granted. The time for filing a response to the request to take judicial notice is extended to April 27, 2021. |
| Docket Date | 2021-03-30 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to File Response |
| Description | Motion for Extension of Time to File Response ~ AND CONSOLIDATE RESPONSE DATE |
| On Behalf Of | Matthew Melton |
| Docket Date | 2021-03-23 |
| Type | Misc. Events |
| Subtype | Miscellaneous Docket Entry |
| Description | Supplement ~ SUPPLEMENT TO ITS MOTION TO TAKE JUDICIAL NOTICE |
| On Behalf Of | Safeco Insurance Company of Illinois |
| Docket Date | 2021-03-23 |
| Type | Record |
| Subtype | Appendix to Response |
| Description | Appendix to Response |
| On Behalf Of | Safeco Insurance Company of Illinois |
| Docket Date | 2021-03-23 |
| Type | Response |
| Subtype | Response |
| Description | Response to Order to Show Cause |
| On Behalf Of | Safeco Insurance Company of Illinois |
| Docket Date | 2021-03-10 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to File Response |
| Description | Grant EOT to file Response ~ ORDERED that respondent's March 9, 2021 motion for extension of time is granted. The time for filing a response to the petition is extended to March 16, 2021. |
| Docket Date | 2021-03-09 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to File Response |
| Description | Motion for Extension of Time to File Response ~ AMENDED UNOPPOSED |
| On Behalf Of | Safeco Insurance Company of Illinois |
| Docket Date | 2021-03-08 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to File Response |
| Description | Motion for Extension of Time to File Response |
| On Behalf Of | Safeco Insurance Company of Illinois |
| Docket Date | 2021-02-22 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to File Response |
| Description | Grant EOT to file Response ~ ORDERED that respondent's February 19, 2021 motion for extension of time is granted. The time for filing a response is extended to March 9, 2021. |
| Docket Date | 2021-02-19 |
| Type | Record |
| Subtype | Appendix |
| Description | Appendix ~ TO MOTION FOR ENLARGEMENT OF TIME TO RESPOND |
| On Behalf Of | Safeco Insurance Company of Illinois |
| Docket Date | 2021-02-19 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to File Response |
| Description | Motion for Extension of Time to File Response |
| On Behalf Of | Safeco Insurance Company of Illinois |
| Docket Date | 2021-01-28 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Writ of Certiorari / Acknowledgment letter ~ ***2ND AMENDED*** |
| Docket Date | 2021-01-27 |
| Type | Motions Relating to Oral Argument |
| Subtype | Motion/Request for Oral Argument |
| Description | Request for Oral Argument ~ DENIED |
| On Behalf Of | Matthew Melton |
| Docket Date | 2021-01-22 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Writ of Certiorari / Acknowledgment letter ~ **AMENDED** |
| Docket Date | 2021-01-22 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| On Behalf Of | Safeco Insurance Company of Illinois |
| Docket Date | 2021-01-21 |
| Type | Notice |
| Subtype | Notice of Related Case or Issue |
| Description | Notice of Similar Case Pending |
| On Behalf Of | Matthew Melton |
| Docket Date | 2021-01-15 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Writ of Certiorari / Acknowledgment letter |
| Docket Date | 2021-01-14 |
| Type | Record |
| Subtype | Appendix to Petition |
| Description | Appendix to Petition ~ *FILING FEE PAID ELECTRONICALLY* |
| Docket Date | 2021-01-14 |
| Type | Misc. Events |
| Subtype | Case Filing Fee Paid through Portal |
| Description | Case Filing Fee Paid Through Portal |
| Docket Date | 2021-01-14 |
| Type | Petition |
| Subtype | Petition Certiorari |
| Description | Petition for Certiorari Filed ~ *FILING FEE PAID ELECTRONICALLY* |
| On Behalf Of | Matthew Melton |
| Classification | NOA Final - Circuit Civil - Other |
| Court | 4th District Court of Appeal |
| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, Martin County 2015CA000939 |
Parties
| Name | Amica Mutual Insurance Company Inc. |
| Role | Appellant |
| Status | Active |
| Name | SAFECO INSURANCE COMPANY OF ILLINOIS |
| Role | Appellant |
| Status | Active |
| Representations | Eric Zivitz, Anthony J. Russo, James Michael Shaw |
| Name | Jennifer Melton |
| Role | Appellee |
| Status | Active |
| Name | Matthew Melton |
| Role | Appellee |
| Status | Active |
| Representations | William Raymond Ponsoldt, Robin Bresky, Jonathan Mann |
| Name | Hon. Bradley Harper |
| Role | Judge/Judicial Officer |
| Status | Active |
| Name | Hon. William L. Roby |
| Role | Judge/Judicial Officer |
| Status | Active |
| Name | Clerk - Martin |
| Role | Lower Tribunal Clerk |
| Status | Active |
Docket Entries
| Docket Date | 2021-11-19 |
| Type | Misc. Events |
| Subtype | West Publishing |
| Description | West Publishing |
| Docket Date | 2021-11-19 |
| Type | Mandate |
| Subtype | Mandate |
| Description | Mandate |
| Docket Date | 2021-03-24 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time - Answer Brief |
| Description | Notice of Agreed Extension - Answer Brief |
| On Behalf Of | Matthew Melton |
| Docket Date | 2021-03-24 |
| Type | Order |
| Subtype | Order on Agreed Extension of Time |
| Description | Recognizing Agreed Extension of Time ~ 30 DAYS TO 4/28/21. |
| Docket Date | 2021-02-24 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time - Answer Brief |
| Description | Notice of Agreed Extension - Answer Brief |
| On Behalf Of | Matthew Melton |
| Docket Date | 2021-10-28 |
| Type | Disposition by Opinion |
| Subtype | Affirmed |
| Description | Affirmed - Per Curiam Affirmed |
| Docket Date | 2021-10-19 |
| Type | Misc. Events |
| Subtype | Oral Argument Date Set |
| Description | Oral Argument Date Set ~ 4DCA |
| Docket Date | 2021-10-18 |
| Type | Notice |
| Subtype | Notice of Supplemental Authority |
| Description | Notice of Supplemental Authority |
| On Behalf Of | Safeco Insurance Company of Illinois |
| Docket Date | 2021-10-14 |
| Type | Notice |
| Subtype | Notice of Supplemental Authority |
| Description | Notice of Supplemental Authority |
| On Behalf Of | Matthew Melton |
| Docket Date | 2021-09-15 |
| Type | Notice |
| Subtype | Notice |
| Description | Notice ~ OF ATTORNEY APPEARING AT ORAL ARGUMENT |
| On Behalf Of | Safeco Insurance Company of Illinois |
| Docket Date | 2021-08-19 |
| Type | Notice |
| Subtype | Notice |
| Description | Notice ~ OF ATTORNEY APPEARING AT ORAL ARGUMENT |
| On Behalf Of | Safeco Insurance Company of Illinois |
| Docket Date | 2021-08-18 |
| Type | Notice |
| Subtype | Notice |
| Description | Notice ~ OF ATTORNEY APPEARING AT ORAL ARGUMENT |
| On Behalf Of | Matthew Melton |
| Docket Date | 2021-08-16 |
| Type | Order |
| Subtype | Order Re: Video Oral Argument |
| Description | Order Re: Video Oral Argument ~ ORDERED that appellees’ request for remote oral argument is granted. Oral argument in this case is rescheduled for October 20, 2021, at 10:00 A.M. for 15 minutes per side through Zoom video conference. In criminal cases where a victim, as defined in Article I, Section 16(e) of the Florida Constitution, has invoked their right to notice under Article I, Section 16(b)(6) of the Florida Constitution, the State shall provide the victim with notice of this oral argument and of any changes to the scheduled date or time.The parties are advised that the only attorneys permitted into the Zoom meeting will be those who will be arguing before the court. Attorneys who will not be arguing before the court may watch the public live stream of the oral argument via the court’s website. In addition, attorneys who will be arguing before the court shall attend a Zoom orientation/test session with court staff from 3:30pm to 3:45pm on either August 25, 2021 or September 29, 2021 at Zoom meeting ID |
| Docket Date | 2021-08-04 |
| Type | Response |
| Subtype | Objection |
| Description | Objection |
| On Behalf Of | Safeco Insurance Company of Illinois |
| Docket Date | 2021-08-02 |
| Type | Motions Other |
| Subtype | Miscellaneous Motion |
| Description | Miscellaneous Motion ~ MOTION FOR REMOTE ORAL ARGUMENT |
| On Behalf Of | Matthew Melton |
| Docket Date | 2021-06-23 |
| Type | Brief |
| Subtype | Reply Brief |
| Description | Appellant's Reply Brief |
| On Behalf Of | Safeco Insurance Company of Illinois |
| Docket Date | 2021-06-03 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time - Reply Brief |
| Description | Notice of Agreed Extension - Reply Brief |
| On Behalf Of | Safeco Insurance Company of Illinois |
| Docket Date | 2021-06-03 |
| Type | Order |
| Subtype | Order on Agreed Extension of Time |
| Description | Recognizing Agreed Extension of Time ~ 15 DAYS TO 6/24/21. |
| Docket Date | 2021-05-25 |
| Type | Response |
| Subtype | Response |
| Description | Response ~ TO MOTION FOR ATTY. FEES. |
| On Behalf Of | Safeco Insurance Company of Illinois |
| Docket Date | 2021-05-10 |
| Type | Brief |
| Subtype | Answer Brief |
| Description | Appellee's Answer Brief |
| On Behalf Of | Matthew Melton |
| Docket Date | 2021-05-10 |
| Type | Motions Relating to Attorney Fees/Costs |
| Subtype | Motion For Attorney's Fees |
| Description | Motion For Attorney's Fees ~ **RESPONSE FILED 5/25/21** |
| On Behalf Of | Matthew Melton |
| Docket Date | 2021-04-28 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to Serve Answer Brief |
| Description | ORD-Answer Brief to be Served ~ ORDERED that appellees’ April 27, 2021 motion for extension of time is granted, and appellees shall serve the answer brief within ten (10) days from the date of this order. In addition, appellees are notified that the failure to serve the brief within the time provided herein will foreclose appellees’ right to file a brief or otherwise participate in this appeal, or the court in its discretion may impose other sanctions. Appellees are advised that no further extensions will be granted absent a detailed explanation for why the answer brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant. Attorney workload does not constitute extraordinary circumstances which justifies a further extension of time. |
| Docket Date | 2021-04-27 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to Serve Answer Brief |
| Description | Mot. for Extension of time to file Answer Brief |
| On Behalf Of | Matthew Melton |
| Docket Date | 2021-01-19 |
| Type | Response |
| Subtype | Response |
| Description | Response ~ IN OPPOSITION TO REQUEST FOR ORAL ARGUMENT |
| On Behalf Of | Matthew Melton |
| Docket Date | 2021-01-19 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time - Answer Brief |
| Description | Notice of Agreed Extension - Answer Brief |
| On Behalf Of | Matthew Melton |
| Docket Date | 2021-01-19 |
| Type | Order |
| Subtype | Order on Agreed Extension of Time |
| Description | Recognizing Agreed Extension of Time ~ 30 DAYS TO 2/26/21 |
| Docket Date | 2021-01-04 |
| Type | Motions Relating to Oral Argument |
| Subtype | Motion/Request for Oral Argument |
| Description | Request for Oral Argument |
| On Behalf Of | Safeco Insurance Company of Illinois |
| Docket Date | 2020-12-28 |
| Type | Brief |
| Subtype | Initial Brief |
| Description | Initial Brief on Merits |
| On Behalf Of | Safeco Insurance Company of Illinois |
| Docket Date | 2020-12-15 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time - Initial Brief |
| Description | Notice of Agreed Extension - Initial Brief |
| On Behalf Of | Safeco Insurance Company of Illinois |
| Docket Date | 2020-12-15 |
| Type | Order |
| Subtype | Order on Agreed Extension of Time |
| Description | Recognizing Agreed Extension of Time ~ 10 DAYS TO 12/28/20. |
| Docket Date | 2020-11-09 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time - Initial Brief |
| Description | Notice of Agreed Extension - Initial Brief |
| On Behalf Of | Safeco Insurance Company of Illinois |
| Docket Date | 2020-11-09 |
| Type | Order |
| Subtype | Order on Agreed Extension of Time |
| Description | Recognizing Agreed Extension of Time ~ 35 DAYS TO 12/18/20. |
| Docket Date | 2020-11-06 |
| Type | Record |
| Subtype | Record on Appeal |
| Description | Received Records ~ (7,239 PAGES) |
| On Behalf Of | Clerk - Martin |
| Docket Date | 2020-10-12 |
| Type | Record |
| Subtype | Appendix to Response |
| Description | Appendix to Response |
| On Behalf Of | Safeco Insurance Company of Illinois |
| Docket Date | 2020-10-12 |
| Type | Response |
| Subtype | Response |
| Description | Response |
| On Behalf Of | Safeco Insurance Company of Illinois |
| Docket Date | 2020-10-01 |
| Type | Order |
| Subtype | Order on Motion to Withdraw Filing |
| Description | ORD-To Withdraw Pleadings ~ ORDERED that appellant's September 30, 2020 motion to withdraw pleading is granted, and the contested motion for extension of time is considered withdrawn. |
| Docket Date | 2020-10-01 |
| Type | Brief |
| Subtype | Jurisdictional Brief |
| Description | Jurisdictional Brief |
| On Behalf Of | Matthew Melton |
| Docket Date | 2020-10-01 |
| Type | Record |
| Subtype | Appendix |
| Description | Appendix |
| On Behalf Of | Matthew Melton |
| Docket Date | 2020-09-30 |
| Type | Order |
| Subtype | Order on Agreed Extension of Time |
| Description | Recognizing Agreed Extension of Time ~ 45 DAYS TO 11/13/20. |
| Docket Date | 2020-09-30 |
| Type | Motions Other |
| Subtype | Motion to Withdraw Filing |
| Description | Motion To Withdraw Pleadings |
| On Behalf Of | Safeco Insurance Company of Illinois |
| Docket Date | 2020-09-30 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time - Initial Brief |
| Description | Notice of Agreed Extension - Initial Brief |
| On Behalf Of | Safeco Insurance Company of Illinois |
| Docket Date | 2020-09-29 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to Serve Initial Brief |
| Description | Mot. for Extension of time to file Initial Brief ~ **MOTION WITHDRAWN** |
| On Behalf Of | Safeco Insurance Company of Illinois |
| Docket Date | 2020-09-29 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| On Behalf Of | Matthew Melton |
| Docket Date | 2020-09-16 |
| Type | Notice |
| Subtype | Notice of Cross Appeal |
| Description | Notice of Cross Appeal ~ AMENDED. |
| On Behalf Of | Clerk - Martin |
| Docket Date | 2020-08-24 |
| Type | Notice |
| Subtype | Amended Notice of Appeal |
| Description | Amended Notice of Appeal ~ 2nd AMENDED. |
| On Behalf Of | Clerk - Martin |
| Docket Date | 2020-08-12 |
| Type | Misc. Events |
| Subtype | Cross-Notice Filing Fee Paid through Portal |
| Description | CROSS NOTICE FILING FEE PAID THROUGH PORTAL |
| On Behalf Of | Matthew Melton |
| Docket Date | 2020-08-11 |
| Type | Notice |
| Subtype | Notice of Cross Appeal |
| Description | Notice of Cross Appeal |
| On Behalf Of | Clerk - Martin |
| Docket Date | 2020-08-10 |
| Type | Notice |
| Subtype | Amended Notice of Appeal |
| Description | Amended Notice of Appeal |
| On Behalf Of | Clerk - Martin |
| Docket Date | 2020-08-03 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| On Behalf Of | Safeco Insurance Company of Illinois |
| Docket Date | 2020-07-28 |
| Type | Misc. Events |
| Subtype | Case Filing Fee Paid through Portal |
| Description | Case Filing Fee Paid Through Portal |
| On Behalf Of | Safeco Insurance Company of Illinois |
| Docket Date | 2020-07-27 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgment Letter |
| Docket Date | 2020-07-24 |
| Type | Misc. Events |
| Subtype | Fee Status |
| Description | FP:Fee Paid Through Portal |
| Docket Date | 2020-07-24 |
| Type | Notice |
| Subtype | Notice of Appeal |
| Description | Notice of Appeal Filed |
| On Behalf Of | Safeco Insurance Company of Illinois |
| Docket Date | 2021-10-28 |
| Type | Order |
| Subtype | Order on Motion For Attorney's Fees |
| Description | Order Granting Attorney Fees-Unconditionally ~ ORDERED that appellees’ May 10, 2021 motion for appellate attorney's fees is granted. On remand, the trial court shall set the amount of the attorney's fees to be awarded for this appellate case. If a motion for rehearing is filed in this court, then services rendered in connection with the filing of the motion, including, but not limited to, preparation of a responsive pleading, shall be taken into account in computing the amount of the fee. |
| Docket Date | 2021-09-14 |
| Type | Order |
| Subtype | Order Re: Video Oral Argument |
| Description | Order Re: Video Oral Argument ~ ORDERED that oral argument in this case is rescheduled for October 19, 2021, at 11:30 A.M. for 15 minutes per side through Zoom video conference. In criminal cases where a victim, as defined in Article I, Section 16(e) of the Florida Constitution, has invoked their right to notice under Article I, Section 16(b)(6) of the Florida Constitution, the State shall provide the victim with notice of this oral argument and of any changes to the scheduled date or time.The parties are advised that the only attorneys permitted into the Zoom meeting will be those who will be arguing before the court. Attorneys who will not be arguing before the court may watch the public live stream of the oral argument via the court’s website. In addition, attorneys who will be arguing before the court shall attend a Zoom orientation/test session with court staff from 3:30pm to 3:45pm on either September 29, 2021 or October 4, 2021 at Zoom meeting ID |
| Docket Date | 2021-07-23 |
| Type | Order |
| Subtype | Order on Motion/Request for Oral Argument |
| Description | ORD-Setting Oral Argument ~ This case is set for Oral Argument on October 19, 2021, at 10:00 A.M. for 15 minutes per side, in person at the Fourth District Court of Appeal Courthouse. If a side anticipates more than two attorneys sitting at counsel table during oral argument, it shall contact the Marshal’s Office by phone at least two business days before the oral argument session. The court calendars can be viewed on this court's website at www.4dca.org. In criminal cases where a victim, as defined in Article I, Section 16(e) of the Florida Constitution, has invoked their right to notice under Article I, Section 16(b)(6) of the Florida Constitution, the State shall provide the victim with notice of this oral argument and of any changes to the scheduled date or time.Within seven (7) days from the date of this order, either side may file a motion for remote oral argument, which, if granted, would take place on Wednesday or Thursday of the same week as the currently scheduled in-person oral argument, with the date and time to be set by further order of this court. Before filing the motion, the moving party shall confer with the opposing side to ascertain whether the opposing side agrees to a remote oral argument. The motion shall state: (1) the reasons why remote oral argument is requested; and (2) whether the opposing side consents to a remote oral argument. If the motion is opposed, then the opposing side shall file a response to the motion within three (3) days after the filing of the motion. No extensions of time to file the motion or response will be permitted, absent extraordinary circumstances. If the court grants the motion for remote oral argument, the argument will take place via Zoom video conference and all judges and attorneys will appear remotely. |
| Docket Date | 2021-02-24 |
| Type | Order |
| Subtype | Order on Agreed Extension of Time |
| Description | Recognizing Agreed Extension of Time ~ 30 DAYS TO 3/29/21. |
| Docket Date | 2020-10-20 |
| Type | Order |
| Subtype | Order |
| Description | ORD-Sua Sponte ~ Upon consideration of appellees/cross-appellants’ October 1, 2020 “brief statement explaining jurisdiction of order on cross-appeal” and appellant/cross-appellee’s October 12, 2020 response, it is ORDERED sua sponte that the cross-appeal is dismissed for lack of jurisdiction as to the June 25, 2019 “order granting defendant’s motion to amend final judgment.” |
| Docket Date | 2020-09-21 |
| Type | Order |
| Subtype | Order |
| Description | Miscellaneous Order ~ ORDERED that, within ten (10) days from the date of this order, cross-appellants shall file in this court a brief statement explaining the basis for this court’s subject matter jurisdiction over the order cross-appealed in this case, citing supporting legal authorities. Cross-appellants shall specifically address how the "order granting defendant's motion to amend final judgment" dated June 25, 2019 can be reviewed under the main appeal of the "corrected amended judgment and order determining amount of attorney's fees and costs to include award of prejudgment interest." See Florida Windstorm Underwriting v. Gajwani, 934 So. 2d 501 (Fla. 3d DCA 2005) ("[A] cross-appeal is appropriate if it seeks to review an order or judgment that is merged into or is an inherent part of the order or judgment properly under review by the main appeal."). Further, Cross-appellee may file a response within ten (10) days of service of that statement. |
| Docket Date | 2020-08-12 |
| Type | Order |
| Subtype | Order on Filing Fee |
| Description | ORD-Pay filing Fee - Cross-Appeal - 10 days ~ A Notice of Cross-Appeal was filed in the lower tribunal on August 11, 2020. The $295.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Cross-Appeal as required by section 35.22(2)(b), Florida Statutes (2016) and Florida Rule of Appellate Procedure 9.110(b). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE CROSS-APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED, appellee/cross-appellant shall pay the $295.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of the entry of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of the cross-appeal and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the notice of cross-appeal has a duty to tender the filing fee to the appellate court when the cross-appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection. |
| Docket Date | 2020-07-27 |
| Type | Order |
| Subtype | Order on Filing Fee |
| Description | ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed. |
| Classification | Discretionary Review - Notice to Invoke - Direct Conflict of Decisions |
| Court | Supreme Court of Florida |
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County 4D18-2971 Circuit Court for the Seventeenth Judicial Circuit, Broward County 062009CA039965AXXXCE |
Parties
| Name | Rebecca L. Heikka |
| Role | Petitioner |
| Status | Active |
| Representations | Kenneth D. Cooper |
| Name | Joseph Anthony Hernandez |
| Role | Respondent |
| Status | Active |
| Name | SAFECO INSURANCE COMPANY OF ILLINOIS |
| Role | Respondent |
| Status | Active |
| Representations | Anthony J. Russo |
| Name | Hon. Carlos Augusto Rodriguez |
| Role | Judge/Judicial Officer |
| Status | Active |
| Name | Hon. Brenda D. Forman |
| Role | Lower Tribunal Clerk |
| Status | Active |
| Name | Matthew Ryon Olmsted |
| Role | Proponent |
| Status | Active |
| Name | Derek Hamilton Lloyd |
| Role | Proponent |
| Status | Active |
Docket Entries
| Docket Date | 2020-08-04 |
| Type | Disposition |
| Subtype | Rev DY Lack Juris |
| Description | DISP-REV DY LACK JURIS ~ This cause having heretofore been submitted to the Court on jurisdictional briefs and portions of the record deemed necessary to reflect jurisdiction under Article V, Section 3(b), Florida Constitution, and the Court having determined that it should decline to accept jurisdiction, it is ordered that the petition for review is denied.No motion for rehearing will be entertained by the Court. See Fla. R. App. P. 9.330(d)(2). |
| Docket Date | 2020-07-28 |
| Type | Brief |
| Subtype | Juris Answer (Amended) |
| Description | JURIS ANSWER AMD BRIEF ~ Filed as "Amended Response of Safeco Insurance Company of Illinois to Petitioner's Jurisdictional Brief" |
| On Behalf Of | Safeco Insurance Company of Illinois |
| View | View File |
| Docket Date | 2020-07-27 |
| Type | Brief |
| Subtype | Juris Answer |
| Description | JURIS ANSWER BRIEF ~ Filed as "Response of Safeco Insurance Company of Illinoisto Petitioner's Jurisdictional Brief" **Stricken 7/27/20, does not contain table of contents or table of authorities.** |
| On Behalf Of | Safeco Insurance Company of Illinois |
| View | View File |
| Docket Date | 2020-07-27 |
| Type | Order |
| Subtype | Brief/Appendix Stricken (Non-Compliance) |
| Description | ORDER-BRIEF STRICKEN (NON-COMPLIANCE) ~ Respondent Safeco Insurance Company of Illinois' jurisdictional brief, which was filed with this Court on July 27, 2020, does not comply with Florida Rule of Appellate Procedure 9.210 and is hereby stricken. Respondent is hereby directed, on or before August 3, 2020, to file an amended jurisdictional brief which contains, in the following order: a cover sheet, a table of contents, a table of citations, a statement of the case and of the facts, a summary of argument, an argument, a conclusion and include a certificate of compliance which immediately follows the certificate of service. The brief must not exceed ten pages. The table of contents and citations, the certificates of service and compliance, and the signature block for the brief's author shall be excluded from the computation. |
| Docket Date | 2020-07-23 |
| Type | Order |
| Subtype | Extension of Time (Juris Brief) |
| Description | ORDER-EXT OF TIME GR (JURIS BRIEF-RESPONDENT) ~ Respondent's motion for extension of time is granted and respondents are allowed to and including August 3, 2020, in which to serve the jurisdictional answer brief. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied. |
| Docket Date | 2020-07-21 |
| Type | Motion |
| Subtype | Ext of Time (Juris Brief) |
| Description | MOTION-EXT OF TIME (JURIS BRIEF) ~ Safeco's Motion for 7-Day Extension of Time to File Response to Petitioner's Brief on Jurisdiction (Opposed) |
| On Behalf Of | Safeco Insurance Company of Illinois |
| View | View File |
| Docket Date | 2020-07-20 |
| Type | Notice |
| Subtype | Appearance |
| Description | NOTICE-APPEARANCE |
| On Behalf Of | Safeco Insurance Company of Illinois |
| View | View File |
| Docket Date | 2020-06-25 |
| Type | Brief |
| Subtype | Juris Initial |
| Description | JURIS INITIAL BRIEF ~ w/ Appendix |
| On Behalf Of | Rebecca L. Heikka |
| View | View File |
| Docket Date | 2020-06-19 |
| Type | Event |
| Subtype | Fee Paid in Full - $300 |
| Description | Fee Paid In Full - $300 |
| Docket Date | 2020-06-16 |
| Type | Letter-Case |
| Subtype | Acknowledgment Letter-New Case-Pay Fee |
| Description | ACKNOWLEDGMENT LETTER-NEW CASE-PAY FEE |
| Docket Date | 2020-06-15 |
| Type | Notice |
| Subtype | Invoke Discretionary Jurisdiction |
| Description | NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT) |
| On Behalf Of | Rebecca L. Heikka |
| View | View File |
| Docket Date | 2020-06-15 |
| Type | Misc. Events |
| Subtype | Fee Status |
| Description | A3:Paid In Full - $300 |
| Classification | NOA Final - Circuit Civil - Other |
| Court | 4th District Court of Appeal |
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County 502014CA012776XXXMB |
Parties
| Name | SAFECO INSURANCE COMPANY OF ILLINOIS |
| Role | Appellant |
| Status | Active |
| Representations | Gary Guzzi, Antonio D. Morin |
| Name | Fleurimond Barthelemy |
| Role | Appellee |
| Status | Active |
| Representations | Bard D. Rockenbach, Michael S. Smith, Brian T. Scher |
| Name | Hon. Howard Coates, Jr. |
| Role | Judge/Judicial Officer |
| Status | Active |
| Name | Clerk - Palm Beach |
| Role | Lower Tribunal Clerk |
| Status | Active |
Docket Entries
| Docket Date | 2021-07-30 |
| Type | Mandate |
| Subtype | Mandate |
| Description | Mandate |
| Docket Date | 2021-07-30 |
| Type | Misc. Events |
| Subtype | West Publishing |
| Description | West Publishing |
| Docket Date | 2021-07-14 |
| Type | Order |
| Subtype | Order on Motion For Attorney's Fees |
| Description | Deny Attorney's Fees ~ ORDERED that appellee’s January 15, 2021 motion for attorney's fees is denied. |
| Docket Date | 2021-07-14 |
| Type | Disposition by Opinion |
| Subtype | Reversed |
| Description | Reversed - Authored Opinion |
| Docket Date | 2021-06-22 |
| Type | Misc. Events |
| Subtype | Oral Argument Date Set |
| Description | Oral Argument Date Set ~ 4DCA |
| Docket Date | 2021-05-24 |
| Type | Notice |
| Subtype | Notice |
| Description | Notice ~ OF ORAL ARGUMENT DESIGNATION |
| On Behalf Of | Safeco Insurance Company of Illinois |
| Docket Date | 2021-05-24 |
| Type | Order |
| Subtype | Order Re: Video Oral Argument |
| Description | Order Re: Video Oral Argument ~ Pursuant to Florida Supreme Court Administrative Order AOSC20-109, Comprehensive COVID-19 Emergency Measures for Florida Appellate Courts and this court’s prior order, the June 22, 2021 oral argument session will take place through Zoom video conference. Should both parties file a stipulation by noon on Tuesday, June 1, 2021 that they waive oral argument, the court will then decide the case based upon the briefs. If the parties do not stipulate to waive oral argument, then they shall file a notice by noon on Tuesday, June 1, 2021 which: (1) identifies the attorneys who will be arguing the case; and (2) provides the direct contact information for those attorneys. The Clerk of the Court will separately schedule a Zoom orientation/test session with the attorneys who will be arguing the case. The Clerk of the Court will also provide connection instructions for the oral argument session the week before the session. |
| Docket Date | 2021-04-26 |
| Type | Notice |
| Subtype | Notice |
| Description | Notice ~ OF ORAL ARGUMENT DESIGNATION |
| On Behalf Of | Safeco Insurance Company of Illinois |
| Docket Date | 2021-04-22 |
| Type | Order |
| Subtype | Order on Motion/Request for Oral Argument |
| Description | ORD-Setting Oral Argument ~ This case is set for Oral Argument on June 22, 2021, at 10:45 A.M. for 15 minutes per side. In criminal cases where a victim, as defined in Article I, Section 16(e) of the Florida Constitution, has invoked their right to notice under Article I, Section 16(b)(6) of the Florida Constitution, the State shall provide the victim with notice of this oral argument and of any changes to the scheduled date or time.Pursuant to Florida Supreme Court Administrative Order AOSC20-109, Comprehensive COVID-19 Emergency Measures for Florida Appellate Courts, which requires that oral argument and other proceedings be conducted remotely during Phase 1 and Phase 2 of the pandemic, as set forth in that administrative order, this oral argument is scheduled to be conducted via Zoom. By separate order issued no later than three weeks before the scheduled oral argument, the parties will be directed to identify the attorney who will be presenting oral argument so that an orientation/test session can be scheduled by court staff with the attorneys to confirm their knowledge of the Zoom platform and test equipment compatibility. |
| Docket Date | 2021-03-02 |
| Type | Brief |
| Subtype | Reply Brief |
| Description | Appellant's Reply Brief |
| On Behalf Of | Safeco Insurance Company of Illinois |
| Docket Date | 2021-02-08 |
| Type | Order |
| Subtype | Order on Agreed Extension of Time |
| Description | Recognizing Agreed Extension of Time ~ 15 DAYS TO 03/02/2021 |
| Docket Date | 2021-02-08 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time - Reply Brief |
| Description | Notice of Agreed Extension - Reply Brief |
| On Behalf Of | Safeco Insurance Company of Illinois |
| Docket Date | 2021-02-01 |
| Type | Response |
| Subtype | Response |
| Description | Response ~ TO APPELLEE'S MOTION FOR APPELLATE ATTORNEYS' FEES |
| On Behalf Of | Safeco Insurance Company of Illinois |
| Docket Date | 2021-01-15 |
| Type | Brief |
| Subtype | Answer Brief |
| Description | Appellee's Answer Brief |
| On Behalf Of | Fleurimond Barthelemy |
| Docket Date | 2021-01-15 |
| Type | Motions Relating to Attorney Fees/Costs |
| Subtype | Motion For Attorney's Fees |
| Description | Motion For Attorney's Fees ~ (RESPONSE FILED 02/01/2021) |
| On Behalf Of | Fleurimond Barthelemy |
| Docket Date | 2021-01-08 |
| Type | Order |
| Subtype | Order on Agreed Extension of Time |
| Description | Recognizing Agreed Extension of Time ~ 5 DAYS TO 1/15/21 |
| Docket Date | 2021-01-08 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time - Answer Brief |
| Description | Notice of Agreed Extension - Answer Brief |
| On Behalf Of | Fleurimond Barthelemy |
| Docket Date | 2020-12-30 |
| Type | Order |
| Subtype | Order on Agreed Extension of Time |
| Description | Recognizing Agreed Extension of Time ~ 6 DAYS TO 01/08/2021 |
| Docket Date | 2020-12-30 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time - Answer Brief |
| Description | Notice of Agreed Extension - Answer Brief |
| On Behalf Of | Fleurimond Barthelemy |
| Docket Date | 2020-11-30 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time - Answer Brief |
| Description | Notice of Agreed Extension - Answer Brief |
| On Behalf Of | Fleurimond Barthelemy |
| Docket Date | 2020-11-30 |
| Type | Order |
| Subtype | Order on Agreed Extension of Time |
| Description | Recognizing Agreed Extension of Time ~ 30 DAYS TO 12/30/2020 |
| Docket Date | 2020-10-28 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time - Answer Brief |
| Description | Notice of Agreed Extension - Answer Brief |
| On Behalf Of | Fleurimond Barthelemy |
| Docket Date | 2020-10-28 |
| Type | Order |
| Subtype | Order on Agreed Extension of Time |
| Description | Recognizing Agreed Extension of Time ~ 30 DAYS TO 11/27/2020 |
| Docket Date | 2020-09-29 |
| Type | Motions Relating to Oral Argument |
| Subtype | Motion/Request for Oral Argument |
| Description | Request for Oral Argument |
| On Behalf Of | Safeco Insurance Company of Illinois |
| Docket Date | 2020-09-29 |
| Type | Brief |
| Subtype | Initial Brief |
| Description | Initial Brief on Merits |
| On Behalf Of | Safeco Insurance Company of Illinois |
| Docket Date | 2020-08-24 |
| Type | Order |
| Subtype | Order on Agreed Extension of Time |
| Description | Recognizing Agreed Extension of Time ~ 30 DAYS TO 09/28/2020 |
| Docket Date | 2020-08-24 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time - Initial Brief |
| Description | Notice of Agreed Extension - Initial Brief |
| On Behalf Of | Safeco Insurance Company of Illinois |
| Docket Date | 2020-07-29 |
| Type | Order |
| Subtype | Order on Agreed Extension of Time |
| Description | Recognizing Agreed Extension of Time ~ 30 DAYS TO 08/28/2020 |
| Docket Date | 2020-07-29 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time - Initial Brief |
| Description | Notice of Agreed Extension - Initial Brief |
| On Behalf Of | Safeco Insurance Company of Illinois |
| Docket Date | 2020-06-22 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time - Initial Brief |
| Description | Notice of Agreed Extension - Initial Brief |
| On Behalf Of | Safeco Insurance Company of Illinois |
| Docket Date | 2020-06-22 |
| Type | Order |
| Subtype | Order on Agreed Extension of Time |
| Description | Recognizing Agreed Extension of Time ~ 30 DAYS TO 07/30/2020 |
| Docket Date | 2020-06-09 |
| Type | Record |
| Subtype | Transcript |
| Description | Transcript Received ~ 70 PAGES |
| On Behalf Of | Clerk - Palm Beach |
| Docket Date | 2020-06-08 |
| Type | Record |
| Subtype | Transcript |
| Description | Transcript Received ~ 1,567 PAGES |
| On Behalf Of | Clerk - Palm Beach |
| Docket Date | 2020-04-24 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgment Letter |
| Docket Date | 2020-04-24 |
| Type | Misc. Events |
| Subtype | Case Filing Fee Paid through Portal |
| Description | Case Filing Fee Paid Through Portal |
| On Behalf Of | Safeco Insurance Company of Illinois |
| Docket Date | 2020-04-24 |
| Type | Order |
| Subtype | Order on Filing Fee |
| Description | ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed. |
| Docket Date | 2020-04-23 |
| Type | Misc. Events |
| Subtype | Fee Status |
| Description | FP:Fee Paid Through Portal |
| Docket Date | 2020-04-23 |
| Type | Notice |
| Subtype | Notice of Appeal |
| Description | Notice of Appeal Filed |
| On Behalf Of | Safeco Insurance Company of Illinois |
| Classification | Discretionary Review - Notice to Invoke - Direct Conflict of Decisions |
| Court | Supreme Court of Florida |
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County 502014CA012776XXXXMB Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County 4D17-1254 Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County 4D17-1543 |
Parties
| Name | SAFECO INSURANCE COMPANY OF ILLINOIS |
| Role | Petitioner |
| Status | Active |
| Representations | Antonio Dewitt Morin, Gary J. Guzzi |
| Name | John Howell |
| Role | Respondent |
| Status | Active |
| Representations | Brian Todd Scher |
| Name | Kevin Wachtel |
| Role | Respondent |
| Status | Active |
| Name | Fleurimond Barthelemy |
| Role | Respondent |
| Status | Active |
| Representations | Bard D. Rockenbach, Michael Stephen Smith |
| Name | Hon. Joseph George Marx |
| Role | Judge/Judicial Officer |
| Status | Active |
| Name | Sharon Repak Bock |
| Role | Lower Tribunal Clerk |
| Status | Active |
Docket Entries
| Docket Date | 2019-06-19 |
| Type | Disposition |
| Subtype | Rev DY Lack Juris |
| Description | DISP-REV DY LACK JURIS ~ This cause having heretofore been submitted to the Court on jurisdictional briefs and portions of the record deemed necessary to reflect jurisdiction under Article V, Section 3(b), Florida Constitution, and the Court having determined that it should decline to accept jurisdiction, it is ordered that the petition for review is denied.No motion for rehearing will be entertained by the Court. See Fla. R. App. P. 9.330(d)(2). |
| Docket Date | 2019-03-04 |
| Type | Brief |
| Subtype | Juris Answer |
| Description | JURIS ANSWER BRIEF ~ BRIEF OF RESPONDENT ON JURISDICTION |
| On Behalf Of | Fleurimond Barthelemy |
| View | View File |
| Docket Date | 2019-02-22 |
| Type | Order |
| Subtype | Extension of Time (Juris Brief) |
| Description | ORDER-EXT OF TIME GR (JURIS BRIEF-RESPONDENT) ~ Respondent's motion for extension of time is granted and respondent is allowed to and including March 4, 2019, in which to serve the jurisdictional answer brief. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied. |
| Docket Date | 2019-02-21 |
| Type | Motion |
| Subtype | Ext of Time (Juris Brief) |
| Description | MOTION-EXT OF TIME (JURIS BRIEF) ~ Unopposed Motion for Extension |
| On Behalf Of | Fleurimond Barthelemy |
| View | View File |
| Docket Date | 2019-01-23 |
| Type | Order |
| Subtype | Appendix Due |
| Description | ORDER-APPENDIX DUE ~ Petitioner's jurisdictional initial brief was filed with this Court on January 22, 2019, but not accompanied by an appendix pursuant to Florida Rule of Appellate Procedure 9.120(d). Petitioner is directed, on or before January 28, 2019, to file an appendix containing only a copy of the opinion or order of the district court of appeal to be reviewed. |
| Docket Date | 2019-01-23 |
| Type | Brief |
| Subtype | Appendix-Juris |
| Description | APPENDIX-JURIS BRIEF ~ Appendix to Petitioner Safeco's Brief on Jurisdiction |
| On Behalf Of | Safeco Insurance Company of Illinois |
| View | View File |
| Docket Date | 2019-01-22 |
| Type | Brief |
| Subtype | Juris Initial |
| Description | JURIS INITIAL BRIEF ~ Petitioner Safeco's Brief on Jurisdiction |
| On Behalf Of | Safeco Insurance Company of Illinois |
| View | View File |
| Docket Date | 2019-01-15 |
| Type | Event |
| Subtype | Fee Paid Through Portal |
| Description | Fee Paid Through Portal |
| Docket Date | 2019-01-14 |
| Type | Miscellaneous Document |
| Subtype | Pay Case Filing Fee-300 |
| Description | PAY CASE FILING FEE-300 |
| On Behalf Of | Safeco Insurance Company of Illinois |
| View | View File |
| Docket Date | 2019-01-11 |
| Type | Letter-Case |
| Subtype | Acknowledgment Letter-New Case-Pay Fee |
| Description | ACKNOWLEDGMENT LETTER-NEW CASE-PAY FEE |
| Docket Date | 2019-01-09 |
| Type | Notice |
| Subtype | Invoke Discretionary Jurisdiction |
| Description | NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT) |
| On Behalf Of | Safeco Insurance Company of Illinois |
| View | View File |
| Docket Date | 2019-01-09 |
| Type | Misc. Events |
| Subtype | Fee Status |
| Description | FP:Fee Paid Through Portal |
| Classification | NOA Final - Circuit Civil - Other |
| Court | 2nd District Court of Appeal |
| Originating Court |
Circuit Court for the Tenth Judicial Circuit, Polk County 2017CA-1955 |
Parties
| Name | CASADIE ROLSTAD |
| Role | Appellant |
| Status | Active |
| Representations | CHRISTOPHER S. ISON, ESQ., Karl F. Pansler, Esq. |
| Name | LESLIE GRIZZARD |
| Role | Appellee |
| Status | Active |
| Representations | GARY J. GUZZI, ESQ., BYRON L. KENNEDY, I I I, ESQ., ANTHONY J. RUSSO, ESQ., Mihaela Cabulea, Esq., ANTONIO D. MORIN, ESQ. |
| Name | SAFECO INSURANCE COMPANY OF ILLINOIS |
| Role | Appellee |
| Status | Active |
| Name | HON. CATHERINE L. COMBEE |
| Role | Judge/Judicial Officer |
| Status | Active |
| Name | POLK CLERK |
| Role | Lower Tribunal Clerk |
| Status | Active |
Docket Entries
| Docket Date | 2019-05-02 |
| Type | Brief |
| Subtype | Answer Brief |
| Description | Appellee Answer Brief ~ ANSWER BRIEF OF SAFECO INSURANCE COMPANY OF ILLINOIS |
| On Behalf Of | LESLIE GRIZZARD |
| Docket Date | 2019-04-04 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to Serve Answer Brief |
| Description | ORDER GRANTING EOT FOR ANSWER BRIEF ~ Safeco shall serve an answer brief within 30 days of the date of this order.Appellee Leslie Grizzard's motion for extension of time is granted to the extent that appellee Grizzard shall serve an answer brief within 30 days of the date of this order. |
| Docket Date | 2019-03-19 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time |
| Description | Stipulation for Extension of Time |
| On Behalf Of | LESLIE GRIZZARD |
| Docket Date | 2019-03-18 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time |
| Description | Stipulation for Extension of Time ~ **STRICKEN** |
| On Behalf Of | LESLIE GRIZZARD |
| Docket Date | 2019-04-02 |
| Type | Response |
| Subtype | Response |
| Description | RESPONSE ~ APPELLANT'S, CASADIE ROLSTAD, RESPONSE TO SAFECO INSURANCE COMPANY OF ILLINOIS' MOTION TO CLARIFY STANDING AND TIMING TO FILE ANSWER BRIEF |
| On Behalf Of | CASADIE ROLSTAD |
| Docket Date | 2019-03-29 |
| Type | Order |
| Subtype | Order to File Response |
| Description | ORD-TO FILE RESPONSE ~ The appellant shall file a response to Safeco Insurance Company of Illinois's motion to clarify standing, etc., within 15 days of the date of this order. |
| Docket Date | 2019-03-28 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to Serve Answer Brief |
| Description | Mot. for Extension of time to file Answer Brief |
| On Behalf Of | LESLIE GRIZZARD |
| Docket Date | 2019-03-27 |
| Type | Post-Disposition Motions |
| Subtype | Motion For Clarification |
| Description | Motion For Clarification ~ SAFECO INSURANCE COMPANY OF ILLINOIS'S MOTION TO CLARIFY STANDING AND TIMING TO FILE ANSWER BRIEF OR, IN THE ALTERNATIVE, TO RELINQUISH JURISDICTION OR FOR LEAVE TO FILE AMICUS BRIEF |
| On Behalf Of | LESLIE GRIZZARD |
| Docket Date | 2019-03-27 |
| Type | Motions Relating to Briefs |
| Subtype | Motion to File Amicus Curiae Brief |
| Description | Motion To File Amicus Curi. Brief |
| On Behalf Of | LESLIE GRIZZARD |
| Docket Date | 2019-03-27 |
| Type | Motions Other |
| Subtype | Motion To Relinquish Jurisdiction |
| Description | Motion To Relinquish Jurisdiction |
| On Behalf Of | LESLIE GRIZZARD |
| Docket Date | 2019-03-21 |
| Type | Order |
| Subtype | Order on Motion to Consolidate |
| Description | Deny Consolidation-75d ~ The motion to consolidate filed by appellant Casadie Rolstad in case 2D18-4961 is denied. The two above-captioned cases shall continue to travel together to the same merits panel. The appellee in case 2D18-4961, in response to the motion to consolidate, appears to indicate the possibility that Safeco Insurance Company should be a party to this appeal. Safeco is not currently docketed as a party. Subsequently, Attorney Gary J. Guzzi filed an "agreed notice of extension of time for Safeco's service of its answer brief" in which Attorney Guzzi identified Safeco Insurance Company of Illinois as a "nonparty" to this appeal. As Attorney Guzzi did not state any authority for the proposition that a nonparty may file an answer brief, the "agreed notice" is stricken. Cf. Fla. R. App. P. 9.020(g)(1), (2). This disposition is without prejudice to Attorney Guzzi to file an appropriate motion in this court. |
| Docket Date | 2019-03-05 |
| Type | Response |
| Subtype | Response |
| Description | RESPONSE ~ OF GRIZZARD TO MOTION TO CONSOLIDATE APPEALS 2D18-4961 and 2D18-4960 |
| On Behalf Of | LESLIE GRIZZARD |
| Docket Date | 2019-02-18 |
| Type | Brief |
| Subtype | Initial Brief |
| Description | Initial Appellant Brief on Merits |
| On Behalf Of | CASADIE ROLSTAD |
| Docket Date | 2019-02-18 |
| Type | Motions Relating to Oral Argument |
| Subtype | Motion/Request for Oral Argument |
| Description | Request for Oral Argument |
| On Behalf Of | CASADIE ROLSTAD |
| Docket Date | 2019-02-18 |
| Type | Motions Other |
| Subtype | Motion To Consolidate |
| Description | Motion To Consolidate |
| On Behalf Of | CASADIE ROLSTAD |
| Docket Date | 2019-02-15 |
| Type | Record |
| Subtype | Record on Appeal |
| Description | Received Records ~ REDACTED, COMBEE - 781 PGS. |
| On Behalf Of | POLK CLERK |
| Docket Date | 2018-12-20 |
| Type | Misc. Events |
| Subtype | Case Filing Fee Paid through Portal |
| Description | Case Filing Fee Paid through Portal |
| Docket Date | 2018-12-17 |
| Type | Order |
| Subtype | Order to Travel Together |
| Description | travel together ~ Appeal numbers 2D18-4961 and 2D18-4960 will travel together. Subsequent filings, including records and briefs, shall be filed in each case and shall contain the appropriate appeal number. The cases are not consolidated for any purpose at this time. |
| Docket Date | 2018-12-17 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgment Letter 1 |
| Docket Date | 2018-12-13 |
| Type | Misc. Events |
| Subtype | Fee Status |
| Description | FP:Fee Paid Through Portal |
| Docket Date | 2018-12-13 |
| Type | Notice |
| Subtype | Notice of Appeal |
| Description | Notice of Appeal Filed ~ ATTACHED ORDER APPEALED |
| On Behalf Of | CASADIE ROLSTAD |
| Docket Date | 2019-11-13 |
| Type | Disposition |
| Subtype | Dismissed |
| Description | Dismissed - Order by Judge |
| Docket Date | 2019-05-16 |
| Type | Brief |
| Subtype | Reply Brief |
| Description | Appellant Reply Brief |
| On Behalf Of | CASADIE ROLSTAD |
| Docket Date | 2019-11-13 |
| Type | Disposition by Order |
| Subtype | Dismissed |
| Description | ORDER GRANTING VOLUNTARY DISMISSAL ~ The Joint Motion and Stipulation for Dismissal filed by the parties is granted. The appeal in case 2D18-4961 is dismissed. |
| Docket Date | 2019-11-12 |
| Type | Motions Other |
| Subtype | Motion/Notice Voluntary Dismissal |
| Description | Notice of Voluntary Dismissal |
| On Behalf Of | CASADIE ROLSTAD |
| Docket Date | 2019-10-29 |
| Type | Order |
| Subtype | Order |
| Description | Miscellaneous Order ~ Appellant's notice of pending settlement is treated as a withdrawal of appellant's request for oral argument. The oral arguments scheduled for November 20, 2019, are cancelled in case 2D18-4960 and case 2D18-4961. If the parties have not filed stipulations for dismissal of these appeals on or before that date, then appellant shall on November 21, 2019 file a status report explaining the status of the pending settlement. |
| Docket Date | 2019-08-29 |
| Type | Order |
| Subtype | Order on Motion/Request for Oral Argument |
| Description | Oral Argument Notice ~ This case is provisionally set for oral argument on WEDNESDAY, NOVEMBER 20, 2019, at 9:30 A.M., before: Judge Craig C. Villanti, Judge Samuel J. Salario, Jr., Judge Susan H. Rothstein-Youakim. Oral argument will occur at the Second District Court of Appeal, Tampa Branch Headquarters, in the courtroom of the Stetson University College Of Law, Tampa Campus, First Floor, 1700 North Tampa Street, Tampa, Florida. The court calendars can be viewed on this court’s website at www.2dca.org. Counsel or parties are requested to make their presence known to the receptionist by fifteen minutes prior to the time listed above.The panel is subject to change without notice. Should the assigned panel of judges decide that the court will not benefit from oral argument in this proceeding, the attorneys or parties will be notified by order no less than two weeks before the scheduled date.Please review the notice regarding oral argument in the Second District Court of Appeal. A copy has been furnished with this order and may also be found on this court’s website. |
| Classification | NOA Final - Circuit Civil - Other |
| Court | 4th District Court of Appeal |
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County 09-39965 14 |
Parties
| Name | SAFECO INSURANCE COMPANY OF ILLINOIS |
| Role | Appellant |
| Status | Active |
| Representations | J. Pablo Caceres, Anthony J. Russo, Hudson Jones |
| Name | Joseph Anthony Hernandez |
| Role | Appellee |
| Status | Active |
| Name | Hon. Carlos A. Rodriguez |
| Role | Judge/Judicial Officer |
| Status | Active |
| Name | FLORIDA SUPREME COURT CLERK |
| Role | Lower Tribunal Clerk |
| Status | Active |
| Name | Clerk - Broward |
| Role | Lower Tribunal Clerk |
| Status | Active |
| Name | Rebecca L. Heikka |
| Role | Appellee |
| Status | Active |
| Representations | Matthew Ryon Olmsted, Derek H. Lloyd, Kenneth Donald Cooper |
Docket Entries
| Docket Date | 2020-06-17 |
| Type | Supreme Court |
| Subtype | Acknowledged Receipt from Supreme Court |
| Description | Ack. Receipt from Supreme Court ~ SC20-863 |
| Docket Date | 2020-06-15 |
| Type | Notice |
| Subtype | Notice |
| Description | Notice sent to the Supreme Court |
| Docket Date | 2020-06-05 |
| Type | Mandate |
| Subtype | Mandate |
| Description | Mandate |
| Docket Date | 2020-05-19 |
| Type | Misc. Events |
| Subtype | West Publishing |
| Description | West Publishing |
| Docket Date | 2020-05-11 |
| Type | Order |
| Subtype | Order on Motion To Strike |
| Description | Grant Motion to Strike ~ ORDERED that appellant's May 8, 2020 "motion to strike appellee's notices of supplemental authority filed May 4 and May 5, 2020" is granted in part and denied in part. This court shall consider only those portions of appellee's notices of supplemental authority which comply with Florida Rule of Appellate Procedure 9.225. |
| Docket Date | 2020-05-08 |
| Type | Motions Other |
| Subtype | Motion To Strike |
| Description | Motion To Strike |
| On Behalf Of | SAFECO INSURANCE COMPANY OF ILLINOIS |
| Docket Date | 2020-05-07 |
| Type | Order |
| Subtype | Order on Miscellaneous Motion |
| Description | Grant Miscellaneous Motion ~ ORDERED that appellee's May 5, 2020 motion to amend notice of supplement authority is granted. Appellee's amended notice of supplemental authority is accepted as filed. |
| Docket Date | 2020-05-05 |
| Type | Notice |
| Subtype | Notice of Supplemental Authority |
| Description | Notice of Supplemental Authority ~ AMENDED. |
| On Behalf Of | Rebecca L. Heikka |
| Docket Date | 2020-05-05 |
| Type | Motions Other |
| Subtype | Miscellaneous Motion |
| Description | Miscellaneous Motion ~ TO AMEND SUPPLEMENTAL RECORD. |
| On Behalf Of | Rebecca L. Heikka |
| Docket Date | 2020-05-04 |
| Type | Notice |
| Subtype | Notice of Supplemental Authority |
| Description | Notice of Supplemental Authority |
| On Behalf Of | Rebecca L. Heikka |
| Docket Date | 2020-04-24 |
| Type | Response |
| Subtype | Response |
| Description | Response |
| On Behalf Of | SAFECO INSURANCE COMPANY OF ILLINOIS |
| Docket Date | 2020-04-17 |
| Type | Order |
| Subtype | Order on Miscellaneous Motion |
| Description | Grant Miscellaneous Motion ~ ORDERED that the "Corrected Appellee's Motion to Allow the Motion for Re-Hearing En Banc to be Amended to Clarify and Better State the Motion for En Banc Hearing," is granted. Appellee's amended motion for rehearing en banc is deemed filed. Appellant shall have ten (10) days to file an amended response to the amended motion for rehearing en banc; further,ORDERED that appellee's April 16, 2020 motion to allow the motion for rehearing banc to be amended is determined to be moot. |
| Docket Date | 2020-04-15 |
| Type | Motions Other |
| Subtype | Miscellaneous Motion |
| Description | Miscellaneous Motion ~ **CORRECTED MOTION FILED** TO ALLOW THE MOTION FOR RE-HEARINGEN-BANC TO BE AMENDED TO CLARIFY AND BETTER STATE THEMOTION FOR EN-BANC HEARING |
| On Behalf Of | Rebecca L. Heikka |
| Docket Date | 2020-04-15 |
| Type | Post-Disposition Motions |
| Subtype | Motion for Rehearing |
| Description | Motion for Rehearing / Rehearing En Banc ~ AMENDED. |
| On Behalf Of | Rebecca L. Heikka |
| Docket Date | 2020-04-07 |
| Type | Response |
| Subtype | Response |
| Description | Response |
| On Behalf Of | SAFECO INSURANCE COMPANY OF ILLINOIS |
| Docket Date | 2020-03-26 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time |
| Description | Grant Extension of Time ~ ORDERED that appellant's March 25, 2020 motion for extension is granted, and the time for filing a response to the motion for rehearing is extended to April 16, 2020. |
| Docket Date | 2020-03-25 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to File Response |
| Description | Motion for Extension of Time to File Response |
| On Behalf Of | SAFECO INSURANCE COMPANY OF ILLINOIS |
| Docket Date | 2020-03-18 |
| Type | Post-Disposition Motions |
| Subtype | Motion for Rehearing En Banc |
| Description | Motion For Rehearing EN BANC ~ **CORRECTED MOTION FILED** |
| On Behalf Of | Rebecca L. Heikka |
| Docket Date | 2020-03-04 |
| Type | Order |
| Subtype | Order on Miscellaneous Motion |
| Description | Grant Miscellaneous Motion ~ ORDERED that appellee Rebecca L. Heikka's November 4, 2019 motion to amend the motion for appellate attorney’s fees is granted. |
| Docket Date | 2020-03-04 |
| Type | Disposition by Opinion |
| Subtype | Reversed |
| Description | Reversed - Authored Opinion |
| Docket Date | 2020-02-12 |
| Type | Notice |
| Subtype | Notice of Supplemental Authority |
| Description | Notice of Supplemental Authority ~ AMENDED. |
| On Behalf Of | Rebecca L. Heikka |
| Docket Date | 2020-02-10 |
| Type | Motions Other |
| Subtype | Motion To Strike |
| Description | Motion To Strike ~ APPELLEE'S NOTICE OF SUPPLEMENTALAUTHORITY |
| On Behalf Of | Rebecca L. Heikka |
| Docket Date | 2020-02-07 |
| Type | Notice |
| Subtype | Notice of Supplemental Authority |
| Description | Notice of Supplemental Authority |
| On Behalf Of | SAFECO INSURANCE COMPANY OF ILLINOIS |
| Docket Date | 2020-02-04 |
| Type | Order |
| Subtype | Order on Motion For Leave To File Amended Brief |
| Description | Order Denying Amended Brief ~ ORDERED that appellee's January 31, 2020 motion to amend the answer brief is denied. This Court's acceptance of appellee's notice of supplemental authority is sufficient for this Court's review. |
| Docket Date | 2020-01-31 |
| Type | Motions Relating to Briefs |
| Subtype | Motion to Amend Brief |
| Description | Motion For Leave To File Amended Brief |
| On Behalf Of | Rebecca L. Heikka |
| Docket Date | 2020-01-31 |
| Type | Notice |
| Subtype | Notice of Supplemental Authority |
| Description | Notice of Supplemental Authority |
| On Behalf Of | Rebecca L. Heikka |
| Docket Date | 2019-12-10 |
| Type | Response |
| Subtype | Response |
| Description | Response ~ TO MOTION FOR 57.105 FEES. |
| On Behalf Of | SAFECO INSURANCE COMPANY OF ILLINOIS |
| Docket Date | 2019-12-10 |
| Type | Record |
| Subtype | Appendix to Response |
| Description | Appendix to Response |
| On Behalf Of | SAFECO INSURANCE COMPANY OF ILLINOIS |
| Docket Date | 2019-11-25 |
| Type | Notice |
| Subtype | Notice of Filing |
| Description | Notice of Filing ~ *AND* MOTION FOR 57.105 FEES. **RESPONSE FILED** |
| On Behalf Of | Rebecca L. Heikka |
| Docket Date | 2019-11-20 |
| Type | Order |
| Subtype | Order on Miscellaneous Motion |
| Description | Grant Miscellaneous Motion ~ ORDERED that appellant's November 19, 2019 motion for leave to file a corrected response is granted. The proposed corrected response is deemed filed. |
| Docket Date | 2019-11-19 |
| Type | Response |
| Subtype | Response |
| Description | Response ~ **CORRECTED RESPONSE TO AMENDED MOTION FOR ATTY. FEES.** |
| On Behalf Of | SAFECO INSURANCE COMPANY OF ILLINOIS |
| Docket Date | 2019-11-19 |
| Type | Motions Other |
| Subtype | Miscellaneous Motion |
| Description | Miscellaneous Motion ~ FOR LEAVE TO FILE A CORRECTED RESPONSE TO APPELLEE HEIKKA'S AMENDED MOTION FOR APPELLATE ATTORNEYS' FEES AND SANCTIONS |
| On Behalf Of | SAFECO INSURANCE COMPANY OF ILLINOIS |
| Docket Date | 2019-11-15 |
| Type | Brief |
| Subtype | Reply Brief |
| Description | Appellant's Reply Brief |
| On Behalf Of | SAFECO INSURANCE COMPANY OF ILLINOIS |
| Docket Date | 2019-11-15 |
| Type | Response |
| Subtype | Response |
| Description | Response ~ **CORRECTED RESPONSE FILED** TO AMENDED MOTION FOR ATTY. FEES. |
| On Behalf Of | SAFECO INSURANCE COMPANY OF ILLINOIS |
| Docket Date | 2019-11-04 |
| Type | Notice |
| Subtype | Notice |
| Description | Notice ~ OF AGREEMENT TO AMEND MOTION FOR ATTY. FEES. |
| On Behalf Of | Rebecca L. Heikka |
| Docket Date | 2019-11-04 |
| Type | Motions Relating to Attorney Fees/Costs |
| Subtype | Motion For Attorney's Fees |
| Description | Motion For Attorney's Fees ~ AMENDED. **RESPONSE FILED** **PROPOSED** |
| On Behalf Of | Rebecca L. Heikka |
| Docket Date | 2019-11-04 |
| Type | Motions Other |
| Subtype | Miscellaneous Motion |
| Description | Miscellaneous Motion ~ TO AMEND THE MOTION FOR APPELLATE ATTORNEY'SFEES |
| On Behalf Of | Rebecca L. Heikka |
| Docket Date | 2019-10-15 |
| Type | Order |
| Subtype | Order Dispensing with Oral Argument |
| Description | ORD-Dispensing Oral Argument ~ After reviewing the briefs, the court, pursuant to Florida Rule of Appellate Procedure 9.320, has dispensed with oral argument. The case will be submitted to a conference by a panel of the court. |
| Docket Date | 2019-10-11 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time |
| Description | Grant Extension of Time ~ ORDERED that appellant's October 10, 2019 motions for extension are granted and the time for filing the reply brief and the response to the motion for attorney’s fees is extended to November 15, 2019. |
| Docket Date | 2019-10-10 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to Serve Reply Brief |
| Description | Mot. for Extension of Time to File Reply Brief |
| On Behalf Of | SAFECO INSURANCE COMPANY OF ILLINOIS |
| Docket Date | 2019-10-01 |
| Type | Motions Relating to Attorney Fees/Costs |
| Subtype | Motion For Attorney's Fees |
| Description | Motion For Attorney's Fees |
| On Behalf Of | Rebecca L. Heikka |
| Docket Date | 2019-09-20 |
| Type | Motions Relating to Briefs |
| Subtype | Motion to Amend Brief |
| Description | Motion to Amend/Correct Brief ~ AMENDED. |
| On Behalf Of | Rebecca L. Heikka |
| Docket Date | 2019-09-20 |
| Type | Order |
| Subtype | Order on Motion For Leave To File Amended Brief |
| Description | Grant Motion Serve Amended Brief ~ ORDERED that appellee's September 20, 2019 agreed motion to strike the first answer brief and replace it with the second answer brief is granted. The proposed amended answer brief is deemed filed. |
| Docket Date | 2019-09-19 |
| Type | Motions Relating to Briefs |
| Subtype | Motion to Amend Brief |
| Description | Motion to Amend/Correct Brief ~ **AMENDED MOTION FILED** |
| On Behalf Of | Rebecca L. Heikka |
| Docket Date | 2019-09-18 |
| Type | Brief |
| Subtype | Answer Brief |
| Description | Appellee's Answer Brief ~ **AMENDED ANSWER BRIEF FILED** |
| On Behalf Of | Rebecca L. Heikka |
| Docket Date | 2019-09-18 |
| Type | Record |
| Subtype | Appendix |
| Description | Appendix to Brief |
| On Behalf Of | Rebecca L. Heikka |
| Docket Date | 2019-08-27 |
| Type | Motions Relating to Oral Argument |
| Subtype | Motion/Request for Oral Argument |
| Description | Request for Oral Argument |
| On Behalf Of | SAFECO INSURANCE COMPANY OF ILLINOIS |
| Docket Date | 2019-03-07 |
| Type | Motions Relating to Records |
| Subtype | Motion to Supplement Record |
| Description | Motion To File Supplemental Record |
| On Behalf Of | SAFECO INSURANCE COMPANY OF ILLINOIS |
| Docket Date | 2019-08-16 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to Serve Answer Brief |
| Description | Mot. for Extension of time to file Answer Brief |
| On Behalf Of | Rebecca L. Heikka |
| Docket Date | 2019-07-25 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to Serve Answer Brief |
| Description | Order Granting EOT for Answer Brief ~ ORDERED that appellee's July 25, 2019 motion for extension of time is granted, and appellee shall serve the answer brief within thirty (30) days from the date of this order. In addition, appellee is notified that the failure to serve the brief within the time provided herein may foreclose appellee's right to file a brief or otherwise participate in this appeal. |
| Docket Date | 2019-07-25 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to Serve Answer Brief |
| Description | Mot. for Extension of time to file Answer Brief |
| On Behalf Of | Rebecca L. Heikka |
| Docket Date | 2019-07-01 |
| Type | Response |
| Subtype | Response |
| Description | Response |
| On Behalf Of | SAFECO INSURANCE COMPANY OF ILLINOIS |
| Docket Date | 2019-07-01 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to Serve Answer Brief |
| Description | Mot. for Extension of time to file Answer Brief |
| On Behalf Of | Rebecca L. Heikka |
| Docket Date | 2019-07-01 |
| Type | Record |
| Subtype | Appendix to Response |
| Description | Appendix to Response |
| On Behalf Of | SAFECO INSURANCE COMPANY OF ILLINOIS |
| Docket Date | 2019-06-28 |
| Type | Order |
| Subtype | Order to File Response |
| Description | ORD-Appellee to File Response ~ ORDERED that appellees are directed to respond, within five (5) days from the date of this order, to appellant's June 28, 2019 "motion to expedite appeal and compel answer brief." |
| Docket Date | 2019-06-28 |
| Type | Motions Other |
| Subtype | Motion To Expedite |
| Description | Motion To Expedite ~ APPEAL AND COMPEL ANSWER BRIEF |
| On Behalf Of | SAFECO INSURANCE COMPANY OF ILLINOIS |
| Docket Date | 2019-06-11 |
| Type | Order |
| Subtype | Order on Motion To Dismiss |
| Description | ORD-Denying Aplee's Motion to Dismiss ~ Upon consideration of appellant’s June 3, 2019 response, it is ORDERED that appellees’ May 3, 2019 motion to dismiss for forum shopping and motion for sanctions is denied. See this court’s June 28, 2018 order in 4D17-0905; Fla. R. App. P. 9.410(b)(2)-(4) (requiring that a motion seeking attorneys’ fees as a sanction shall include an initial service of service that the motion was served on the party against whom sanctions are sought, giving the party 21 days to withdraw or correct the challenged document, claim, defense, contention, allegation, or denial). Further, Upon consideration of appellant’s June 5, 2019 response, it is ORDERED that appellees’ June 5, 2019 “motion to transfer the motion to dismiss for forum shopping to the original panel that had previously ruled on the issues in this appeal” is denied. |
| Docket Date | 2019-06-10 |
| Type | Notice |
| Subtype | Notice of Supplemental Authority |
| Description | Notice of Supplemental Authority |
| On Behalf Of | Rebecca L. Heikka |
| Docket Date | 2019-06-05 |
| Type | Motions Other |
| Subtype | Miscellaneous Motion |
| Description | Miscellaneous Motion ~ MOTION TO TRANSFER THEMOTION TO DISMISS FOR FORUM SHOPPING TO THEORIGINAL PANEL THAT HADPREVIOUSLY RULED ON THE ISSUES IN THIS APPEAL |
| On Behalf Of | Rebecca L. Heikka |
| Docket Date | 2019-06-05 |
| Type | Response |
| Subtype | Response |
| Description | Response ~ RESPONSE TO HEIKKA'S MOTION TO TRANSFER "MOTION TO DISMISS, ETC." |
| On Behalf Of | SAFECO INSURANCE COMPANY OF ILLINOIS |
| Docket Date | 2019-06-05 |
| Type | Order |
| Subtype | Order Striking Filing |
| Description | ORD-Stricken as Unauthorized ~ **AMENDED ORDER ISSUED**ORDERED sua sponte that the appellant's June 4, 2019 reply is stricken as unauthorized. |
| Docket Date | 2019-06-04 |
| Type | Response |
| Subtype | Reply |
| Description | Reply ~ **STRICKEN** AMENDED. |
| On Behalf Of | Rebecca L. Heikka |
| Docket Date | 2019-06-03 |
| Type | Response |
| Subtype | Response |
| Description | Response |
| On Behalf Of | SAFECO INSURANCE COMPANY OF ILLINOIS |
| Docket Date | 2019-05-17 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to File Response |
| Description | Grant EOT to file Response ~ ORDERED that appellant's May 16, 2019 motion for extension of time is granted, and the time for filing a response to appellee’s May 3, 2019 motion to dismiss and motion for sanctions is extended fifteen (15) days from the date of this order. |
| Docket Date | 2019-05-15 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to File Response |
| Description | Motion for Extension of Time to File Response |
| On Behalf Of | SAFECO INSURANCE COMPANY OF ILLINOIS |
| Docket Date | 2019-05-13 |
| Type | Order |
| Subtype | Order on Miscellaneous Motion |
| Description | Grant Miscellaneous Motion ~ ORDERED that appellee's April 4, 2019 "motion to take judicial notice of the prior appeals, prior brief, and prior records in the prior eight (8) appeals in this case" is granted. |
| Docket Date | 2019-05-06 |
| Type | Motions Other |
| Subtype | Motion/Request for Judicial Notice |
| Description | (*DNU*) Request for Judicial Notice |
| On Behalf Of | Rebecca L. Heikka |
| Docket Date | 2019-05-06 |
| Type | Record |
| Subtype | Appendix |
| Description | Appendix |
| On Behalf Of | Rebecca L. Heikka |
| Docket Date | 2019-05-03 |
| Type | Motions Other |
| Subtype | Motion To Dismiss |
| Description | Motion To Dismiss ~ AND MOTION FOR SANCTIONS |
| On Behalf Of | Rebecca L. Heikka |
| Docket Date | 2019-04-11 |
| Type | Brief |
| Subtype | Initial Brief |
| Description | Initial Brief on Merits |
| On Behalf Of | SAFECO INSURANCE COMPANY OF ILLINOIS |
| Docket Date | 2019-03-25 |
| Type | Record |
| Subtype | Supplemental Record |
| Description | Supplemental Records ~ (40 PAGES) |
| On Behalf Of | Clerk - Broward |
| Docket Date | 2019-03-19 |
| Type | Order |
| Subtype | Order on Miscellaneous Motion |
| Description | Grant Miscellaneous Motion ~ ORDERED that appellant's March 12, 2019 "motion for this court to take judicial notice of its own records in related case 4D17-0905 (agreed)" is granted. |
| Docket Date | 2019-03-12 |
| Type | Record |
| Subtype | Appendix |
| Description | Appendix ~ TO MOTION TO TAKE JUDICIAL NOTICE ON APPEAL |
| On Behalf Of | SAFECO INSURANCE COMPANY OF ILLINOIS |
| Docket Date | 2019-03-12 |
| Type | Motions Other |
| Subtype | Miscellaneous Motion |
| Description | Miscellaneous Motion ~ FOR THIS COURT TO TAKE JUDICIAL NOTICE OF ITS OWN RECORDS IN RELATED CASE 4D17-0905 |
| On Behalf Of | SAFECO INSURANCE COMPANY OF ILLINOIS |
| Docket Date | 2019-03-08 |
| Type | Order |
| Subtype | Order on Motion to Supplement Record & EOT/Toll Briefing |
| Description | Order Granting Motion to Supplement the Record ~ ORDERED that appellant's March 7, 2019 motion to supplement the record is granted. The material requested in the motion shall be included in the record on appeal. The clerk of the lower tribunal shall prepare and file the supplemental material in this court within ten (10) days from the date of this order. Appellant shall monitor the supplementation process. |
| Docket Date | 2019-03-04 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time - Initial Brief |
| Description | Notice of Agreed Extension - Initial Brief |
| On Behalf Of | SAFECO INSURANCE COMPANY OF ILLINOIS |
| Docket Date | 2019-02-28 |
| Type | Motions Relating to Records |
| Subtype | Motion to Supplement Record |
| Description | Motion To File Supplemental Record |
| On Behalf Of | SAFECO INSURANCE COMPANY OF ILLINOIS |
| Docket Date | 2019-02-18 |
| Type | Record |
| Subtype | Record on Appeal |
| Description | Received Records ~ (3176 PAGES) |
| On Behalf Of | Clerk - Broward |
| Docket Date | 2019-02-05 |
| Type | Order |
| Subtype | Order on Motion to Withdraw Filing |
| Description | ORD-To Withdraw Pleadings ~ ORDERED that appellant's February 4, 2019 motion to recall/withdraw is granted, and the motion for enlargement of time to serve initial brief is considered withdrawn. |
| Docket Date | 2019-02-04 |
| Type | Order |
| Subtype | Order on Agreed Extension of Time |
| Description | Recognizing Agreed Extension of Time ~ 30 DAYS TO 3/4/19. |
| Docket Date | 2019-02-04 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time - Initial Brief |
| Description | Notice of Agreed Extension - Initial Brief |
| On Behalf Of | SAFECO INSURANCE COMPANY OF ILLINOIS |
| Docket Date | 2019-02-04 |
| Type | Motions Other |
| Subtype | Motion to Withdraw Filing |
| Description | Motion To Withdraw Pleadings ~ MOTION TO RECALL/WITHDRAWMOTION FOR ENLARGEMENT OF TIMETO SERVE INITIAL BRIEF |
| On Behalf Of | SAFECO INSURANCE COMPANY OF ILLINOIS |
| Docket Date | 2019-01-31 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to Serve Initial Brief |
| Description | Mot. for Extension of time to file Initial Brief ~ (MOTION WITHDRAWN) |
| On Behalf Of | SAFECO INSURANCE COMPANY OF ILLINOIS |
| Docket Date | 2018-12-21 |
| Type | Order |
| Subtype | Order on Agreed Extension of Time |
| Description | Recognizing Agreed Extension of Time ~ 30 DAYS TO 2/1/19. |
| Docket Date | 2018-12-21 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time - Initial Brief |
| Description | Notice of Agreed Extension - Initial Brief |
| On Behalf Of | SAFECO INSURANCE COMPANY OF ILLINOIS |
| Docket Date | 2018-11-13 |
| Type | Order |
| Subtype | Order on Motion for Sanctions |
| Description | Order Denying Motion for Sanctions ~ Upon consideration of appellee's November 6, 2018 response, it is ORDERED that appellant's November 1, 2018 "motion for appellate sanctions pursuant to Florida Statute § 57.105 and Rule 9.410(b)" is denied. |
| Docket Date | 2018-11-06 |
| Type | Response |
| Subtype | Response |
| Description | Response |
| On Behalf Of | Rebecca L. Heikka |
| Docket Date | 2018-11-01 |
| Type | Notice |
| Subtype | Notice |
| Description | Notice ~ OF FILING CERTIFICATE OF SERVICE. |
| On Behalf Of | SAFECO INSURANCE COMPANY OF ILLINOIS |
| Docket Date | 2018-11-01 |
| Type | Motions Other |
| Subtype | Motion for Sanctions |
| Description | Motion for sanctions |
| On Behalf Of | SAFECO INSURANCE COMPANY OF ILLINOIS |
| Docket Date | 2018-10-29 |
| Type | Order |
| Subtype | Order on Motion To Dismiss |
| Description | ORD-Denying Aplee's Motion to Dismiss ~ ORDERED that appellee's October 10, 2018 motion to dismiss is denied. |
| Docket Date | 2018-10-25 |
| Type | Response |
| Subtype | Response |
| Description | Response |
| On Behalf Of | SAFECO INSURANCE COMPANY OF ILLINOIS |
| Docket Date | 2018-10-25 |
| Type | Record |
| Subtype | Appendix to Response |
| Description | Appendix to Response |
| On Behalf Of | SAFECO INSURANCE COMPANY OF ILLINOIS |
| Docket Date | 2018-10-11 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| On Behalf Of | SAFECO INSURANCE COMPANY OF ILLINOIS |
| Docket Date | 2018-10-10 |
| Type | Motions Other |
| Subtype | Motion To Dismiss |
| Description | Motion To Dismiss ~ AMENDED. |
| On Behalf Of | Rebecca L. Heikka |
| Docket Date | 2018-10-09 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgment Letter |
| Docket Date | 2018-10-08 |
| Type | Notice |
| Subtype | Notice of Appeal |
| Description | Notice of Appeal Filed |
| On Behalf Of | SAFECO INSURANCE COMPANY OF ILLINOIS |
| Docket Date | 2018-10-08 |
| Type | Misc. Events |
| Subtype | Fee Status |
| Description | A3:Paid In Full - $300 |
| Docket Date | 2020-08-04 |
| Type | Supreme Court |
| Subtype | Supreme Court Miscellaneous |
| Description | Supreme Court Disposition ~ SC20-863 DENIED |
| Docket Date | 2020-06-15 |
| Type | Supreme Court |
| Subtype | Notice to Invok. Disc. Jur. FSC |
| Description | Notice of Discretionary Jurisdiction to Supreme Court |
| On Behalf Of | Rebecca L. Heikka |
| Docket Date | 2020-05-19 |
| Type | Order |
| Subtype | Order on Motion for Rehearing En Banc |
| Description | Order Denying Rehearing En Banc ~ ORDERED that appellee, Rebecca L. Heikka's March 18, 2020 corrected motion for rehearing en banc is denied. Further,ORDERED that appellee, Rebecca L. Heikka’s April 15, 2020 amended motion for rehearing en banc is denied. |
| Docket Date | 2020-04-16 |
| Type | Motions Other |
| Subtype | Miscellaneous Motion |
| Description | Miscellaneous Motion ~ CORRECTED APPELLEE'S MOTION TO ALLOW THE MOTION FORRE-HEARING EN-BANC TO BE AMENDED TO CLARIFY AND BETTERSTATE THE MOTION FOR EN-BANC HEARING |
| On Behalf Of | Rebecca L. Heikka |
| Docket Date | 2020-02-11 |
| Type | Order |
| Subtype | Order on Motion To Strike |
| Description | Deny Motion to Strike ~ ORDERED that appellee's motion to strike appellant's notice of supplemental authority is denied. Appellant's notice of supplemental authority complies with Florida Rule of Appellate Procedure 9.225 and is substantially in the form prescribed by Florida Rule of Appellate Procedure 9.900(j). See Fla. R. App. P. 9.225 ("The notice shall not contain argument, but may identify briefly the issues argued on appeal to which the supplemental authorities are pertinent if the notice is substantially in the form prescribed by rule 9.900(j)."). |
| Docket Date | 2019-08-19 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to Serve Answer Brief |
| Description | Order Granting EOT for Answer Brief ~ ORDERED that appellee's August 16, 2019 motion for extension of time is granted, and appellee shall serve the answer brief within thirty (30) days from the date of this order. In addition, appellee is notified that the failure to serve the brief within the time provided herein may foreclose appellee's right to file a brief or otherwise participate in this appeal. |
| Docket Date | 2019-07-02 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to Serve Answer Brief |
| Description | Order Granting EOT for Answer Brief ~ Upon consideration of appellee's July 1, 2019 response, it is ORDERED that appellant's June 28, 2019 "motion to expedite appeal and compel answer brief" is denied. Further, ORDERED that appellee's request for an extension of time, found in the July 1, 2019 response, is granted, and appellee shall serve the answer brief within thirty (30) days from the date of this order. In addition, appellee is notified that the failure to serve the brief within the time provided herein may foreclose appellee's right to file a brief or otherwise participate in this appeal; further,ORDERED that appellee’s July 1, 2019 motion for extension of time is determined to be moot. |
| Docket Date | 2019-03-04 |
| Type | Order |
| Subtype | Order on Motion to Supplement Record & EOT/Toll Briefing |
| Description | ORD-deny motion to supplement per 9.300(a) ~ ORDERED that appellant's February 28, 2019 motion to supplement the record is denied without prejudice for failure to comply with Florida Rule of Appellate Procedure 9.300(a). See also this court's Notice to Attorneys and to Parties Representing Themselves, Paragraph 1. |
| Docket Date | 2018-10-09 |
| Type | Order |
| Subtype | Order on Filing Fee |
| Description | ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of this order. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed. |
| Classification | NOA Final - Circuit Civil - Other |
| Court | 2nd District Court of Appeal |
| Originating Court |
Circuit Court for the Thirteenth Judicial Circuit, Hillsborough County 16-CA-1250 |
Parties
| Name | RICARDO ABREU, INC. |
| Role | Appellant |
| Status | Active |
| Representations | RICHARD A. BOKOR, ESQ. |
| Name | SAFECO INSURANCE COMPANY OF ILLINOIS |
| Role | Appellee |
| Status | Active |
| Representations | REGINALD A. EDMOND, ESQ. |
| Name | HON. MARTHA J. COOK |
| Role | Judge/Judicial Officer |
| Status | Active |
| Name | HILLSBOROUGH CLERK |
| Role | Lower Tribunal Clerk |
| Status | Active |
Docket Entries
| Docket Date | 2019-02-07 |
| Type | Disposition |
| Subtype | Dismissed |
| Description | Dismissed - Order by Clerk |
| Docket Date | 2019-02-07 |
| Type | Disposition by Order |
| Subtype | Dismissed |
| Description | ORDER GRANTING VOLUNTARY DISMISSAL |
| Docket Date | 2019-02-05 |
| Type | Motions Other |
| Subtype | Motion/Notice Voluntary Dismissal |
| Description | Notice of Voluntary Dismissal ~ APPELLANT'S NOTICE THAT APPEAL IS ABANDONED |
| On Behalf Of | RICARDO ABREU |
| Docket Date | 2018-12-27 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to Serve Initial Brief |
| Description | ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellant's motion for extension of time is granted, and the initial brief shall be served within 90 days from the date of this order. |
| Docket Date | 2018-12-21 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to Serve Initial Brief |
| Description | Mot. for Extension of time to file Initial Brief ~ APPELLANT'S (NON-OPPOSED) MOTION FOR EXTENSTION OF TIME TO FILEAPPELLANT'S INTIAL BRIEF BECAUSE OF ILLNESS OF APPELLANT'S COUNSELAND THE POSSIBILITY OF SETTLEMENT |
| On Behalf Of | RICARDO ABREU |
| Docket Date | 2018-12-10 |
| Type | Order |
| Subtype | Order to Serve Brief |
| Description | Order for Immediate Filing of Brief ~ Appellant's initial brief shall be served within 20 days from the date of this order. |
| Docket Date | 2018-08-16 |
| Type | Record |
| Subtype | Record on Appeal |
| Description | Received Records ~ COOK - REDACTED - 46 PAGES |
| Docket Date | 2018-07-26 |
| Type | Order |
| Subtype | Order on Motion to Relinquish Jurisdiction |
| Description | ORD-DENY. RELINQUISH JURISDCTN ~ The appellant's unopposed motion to relinquish jurisdiction to the circuit court is denied. See, e.g., Shelby Mut. Ins. Co. of Shelby, Ohio v. Pearson, 236 So. 2d 1, 4 (Fla. 1970) ("The trial court in this cause lost jurisdiction to consider the merits of the cause upon entering the order of September 18, 1969, denying plaintiff's petition for rehearing. The trial court had no jurisdiction to consider plaintiff's 'Motion for Reconsideration,' and its order of October 17, 1969, purporting to set aside the summary final judgment was null, void, and completely without effect."); Capital Bank v. Knuck, 537 So. 2d 697, 698 (Fla. 3d DCA 1989); Herskowitz v. Herskowitz, 513 So. 2d 1318, 1319 (Fla. 3d DCA 1987). |
| Docket Date | 2018-07-20 |
| Type | Order |
| Subtype | Order on Miscellaneous Motion |
| Description | deny motion until fee satisfied ~ ***VACATED***(see 07/20/18 ord)Appellant's motion to relinquish jurisdiction is denied without prejudice to resubmit it following satisfaction of this court's fee order of July 17, 2018. |
| Docket Date | 2018-07-19 |
| Type | Motions Other |
| Subtype | Motion To Relinquish Jurisdiction |
| Description | Motion To Relinquish Jurisdiction ~ APPELLANT'S UNOPPOSED MOTION TO RELINQUISH JURISDICTION TO THECIRCUIT COURT SO THAT THE CIRCUIT COURT CAN RULE ON PLAINTIFF' S MOTION TO RECONSIDER DENIAL OF MOTION FOR RELIEF FROM ORDER OF DISMISSAL FOR FAILURE TO PROSECUTE |
| On Behalf Of | RICARDO ABREU |
| Docket Date | 2018-07-17 |
| Type | Order |
| Subtype | Order on Filing Fee |
| Description | fee - civil; atty |
| Docket Date | 2018-07-17 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgment Letter 1 |
| Docket Date | 2018-07-12 |
| Type | Misc. Events |
| Subtype | Fee Status |
| Description | A3:Paid In Full - $300 |
| Docket Date | 2018-07-12 |
| Type | Notice |
| Subtype | Notice of Appeal |
| Description | Notice of Appeal Filed ~ w/order appealed |
| On Behalf Of | RICARDO ABREU |
| Classification | NOA Final - Circuit Civil - Other |
| Court | 2nd District Court of Appeal |
| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Lee County 17-CA-001149 |
Parties
| Name | LEE CLERK |
| Role | Lower Tribunal Clerk |
| Status | Active |
| Name | BRETT BAUGH |
| Role | Appellant |
| Status | Active |
| Representations | MARIA R. ALAIMO, ESQ. |
| Name | SAFECO INSURANCE COMPANY OF ILLINOIS |
| Role | Appellee |
| Status | Active |
| Representations | Mihaela Cabulea, Esq., ANTHONY J. RUSSO, ESQ., DAVID B. KROUK, ESQ., MATTHEW J. LAVISKY, ESQ. |
Docket Entries
| Docket Date | 2018-02-23 |
| Type | Disposition |
| Subtype | Dismissed |
| Description | Dismissed - Order by Clerk |
| Docket Date | 2018-02-23 |
| Type | Disposition by Order |
| Subtype | Dismissed |
| Description | ORDER GRANTING VOLUNTARY DISMISSAL |
| Docket Date | 2018-02-19 |
| Type | Motions Other |
| Subtype | Motion/Notice Voluntary Dismissal |
| Description | Notice of Voluntary Dismissal |
| On Behalf Of | BRETT BAUGH |
| Docket Date | 2018-01-12 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time |
| Description | Stipulation for Extension of Time ~ 30- AB DUE 02/21/18 |
| On Behalf Of | SAFECO INSURANCE COMPANY OF ILLINOIS |
| Docket Date | 2017-12-27 |
| Type | Brief |
| Subtype | Initial Brief |
| Description | Initial Appellant Brief on Merits |
| On Behalf Of | BRETT BAUGH |
| Docket Date | 2017-12-05 |
| Type | Record |
| Subtype | Record on Appeal |
| Description | Received Records ~ DURYEA - 117 PAGES |
| Docket Date | 2017-12-04 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to Serve Initial Brief |
| Description | Mot. for Extension of time to file Initial Brief |
| On Behalf Of | BRETT BAUGH |
| Docket Date | 2017-10-04 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| On Behalf Of | SAFECO INSURANCE COMPANY OF ILLINOIS |
| Docket Date | 2017-10-04 |
| Type | Order |
| Subtype | Order |
| Description | Miscellaneous Order ~ Accompanying the notice of appeal is an order that is neither signed nor conformed. Appellant shall file with this court a signed or conformed copy of the order appealed within 15 days or dismissal may follow. |
| Docket Date | 2017-10-04 |
| Type | Misc. Events |
| Subtype | Case Filing Fee Paid through Portal |
| Description | Case Filing Fee Paid through Portal |
| On Behalf Of | BRETT BAUGH |
| Docket Date | 2017-10-04 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgment Letter 1 |
| Docket Date | 2017-09-21 |
| Type | Notice |
| Subtype | Notice of Appeal |
| Description | Notice of Appeal Filed |
| On Behalf Of | BRETT BAUGH |
| Docket Date | 2017-09-21 |
| Type | Misc. Events |
| Subtype | Fee Status |
| Description | FP:Fee Paid Through Portal |
| Docket Date | 2017-12-05 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to Serve Initial Brief |
| Description | ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellant's motion for extension of time is granted, and the initial brief shall be served by December 27, 2017. |
| Classification | NOA Final - Circuit Civil - Other |
| Court | 4th District Court of Appeal |
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County 2014CA012776XXXXMBAN |
Parties
| Name | Fleurimond Barthelemy |
| Role | Appellant |
| Status | Active |
| Representations | Bard D. Rockenbach, Michael S. Smith |
| Name | KEVIN WACHTEL |
| Role | Appellee |
| Status | Active |
| Name | JOHN HOWELL |
| Role | Appellee |
| Status | Active |
| Name | SAFECO INSURANCE COMPANY OF ILLINOIS |
| Role | Appellee |
| Status | Active |
| Representations | Brian T. Scher, Gary Guzzi |
| Name | Hon. Joseph George Marx |
| Role | Judge/Judicial Officer |
| Status | Active |
| Name | Clerk - Palm Beach |
| Role | Lower Tribunal Clerk |
| Status | Active |
Docket Entries
| Docket Date | 9999-04-05 |
| Type | Misc. Events |
| Subtype | Miscellaneous Docket Entry |
| Description | Miscellaneous Entry/Document ~ **CROSS-APPEAL VOLUNTARILY DISMISSED** |
| Docket Date | 2019-06-19 |
| Type | Supreme Court |
| Subtype | Supreme Court Miscellaneous |
| Description | Supreme Court Disposition ~ SC19-52 |
| Docket Date | 2019-01-11 |
| Type | Supreme Court |
| Subtype | Acknowledged Receipt from Supreme Court |
| Description | Ack. Receipt from Supreme Court ~ SC19-52 |
| Docket Date | 2019-01-09 |
| Type | Notice |
| Subtype | Notice |
| Description | Notice sent to the Supreme Court |
| Docket Date | 2018-12-28 |
| Type | Mandate |
| Subtype | Mandate |
| Description | Mandate |
| Docket Date | 2018-11-08 |
| Type | Post-Disposition Motions |
| Subtype | Motion for Rehearing |
| Description | Motion For Rehearing |
| On Behalf Of | SAFECO INSURANCE COMPANY OF ILLINOIS |
| Docket Date | 2018-10-24 |
| Type | Order |
| Subtype | Order on Motion For Attorney's Fees |
| Description | Order Granting Attorney Fees-Prevailing ~ ORDERED that the appellant's May 14, 2018 motion for appellate attorneys' fees is granted conditioned on the trial court determining that appellant is the prevailing party and, if so, setting the amount of the attorney's fees to be awarded for this appellate case. If a motion for rehearing is filed in this court, then services rendered in connection with the filing of the motion, including but not limited to preparation of a responsive pleading, shall be taken into account in computing the amount of the fee. |
| Docket Date | 2018-10-24 |
| Type | Disposition by Opinion |
| Subtype | Reversed |
| Description | Reversed - Authored Opinion |
| Docket Date | 2018-04-04 |
| Type | Disposition by Order |
| Subtype | Dismissed |
| Description | Order Granting Voluntary Dismissal ~ Pursuant to appellee's April 2, 2018 notice of voluntary dismissal of cross-appeal, the cross-appeal filed in this case is dismissed. The main appeal remains pending. |
| Docket Date | 2018-03-23 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to Serve Answer Brief |
| Description | ORD-Answer Brief to be Served ~ ORDERED that appellee's March 21, 2018 motion for extension of time is granted in part, and appellee shall serve the answer brief within ten (10) days from the date of this order. In addition, appellee is notified that the failure to serve the brief within the time provided herein will foreclose appellee's right to file a brief or otherwise participate in this appeal, or the court in its discretion may impose other sanctions. Appellee is advised that no further extensions will be granted absent a detailed explanation for why the answer brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant. |
| Docket Date | 2017-11-20 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to Serve Initial Brief |
| Description | ORD-Initial Brief to be Served ~ ORDERED that appellant's November 17, 2017 motion for extension of time is granted in part, and appellant shall serve the initial brief within ten (10) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case will be subject to dismissal or the court in its discretion may impose other sanctions. Appellant is advised that no further extensions will be granted absent a detailed explanation for why the initial brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant. |
| Docket Date | 2017-07-11 |
| Type | Order |
| Subtype | Order on Motion to Consolidate |
| Description | ORD-Granting Consolidation ~ ORDERED that appellant's June 30, 2017 motion to consolidate and set briefing schedule is granted. Case numbers 4D17-1254 and 4D17-1543 are now consolidated for all purposes and shall proceed under case number 4D17-1254. Appellant shall file a single initial brief that addresses all of the issues in both appeals. Appellant shall file the initial brief within thirty (30) days from the date on which the index to the record on appeal is served as to 4D17-1543. Additional briefing shall be according to Florida Rule of Appellate Procedure 9.210(f). |
| Docket Date | 2017-06-30 |
| Type | Motions Other |
| Subtype | Motion To Consolidate |
| Description | Motion To Consolidate ~ *AND* SET BRIEFING SCHEDULE |
| On Behalf Of | Fleurimond Barthelemy |
| Docket Date | 2017-05-26 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgment Letter |
| Docket Date | 2017-05-26 |
| Type | Notice |
| Subtype | Notice of Appeal |
| Description | Notice of Appeal Filed |
| On Behalf Of | Fleurimond Barthelemy |
| Docket Date | 2017-05-26 |
| Type | Misc. Events |
| Subtype | Fee Status |
| Description | A3:Paid In Full - $300 |
| Docket Date | 2018-12-11 |
| Type | Misc. Events |
| Subtype | West Publishing |
| Description | West Publishing |
| Docket Date | 2018-12-11 |
| Type | Order |
| Subtype | Order on Motion for Rehearing |
| Description | ORD-Denying Rehearing ~ ORDERED that the appellee's November 8, 2018 motion for rehearing and/or clarification is denied. |
| Docket Date | 2018-11-21 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time |
| Description | Grant Extension of Time ~ ORDERED that appellant/cross-appellee's November 21, 2018 motion for extension is granted and the time for filing a response to the motion for rehearing and/or clarification is extended fifteen (15) days from the date of this order. |
| Docket Date | 2017-05-26 |
| Type | Order |
| Subtype | Order on Filing Fee |
| Description | ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of this order. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed. |
| Classification | NOA Final - Circuit Civil - Other |
| Court | 4th District Court of Appeal |
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County 502014CA012776XXXXMB |
Parties
| Name | Fleurimond Barthelemy |
| Role | Appellant |
| Status | Active |
| Representations | Bard D. Rockenbach, Michael S. Smith |
| Name | SAFECO INSURANCE COMPANY OF ILLINOIS |
| Role | Appellee |
| Status | Active |
| Representations | Gary Guzzi, Antonio D. Morin, Brian T. Scher |
| Name | JOHN HOWELL |
| Role | Appellee |
| Status | Active |
| Name | KEVIN WACHTEL |
| Role | Appellee |
| Status | Active |
| Name | Hon. Joseph George Marx |
| Role | Judge/Judicial Officer |
| Status | Active |
| Name | Clerk - Palm Beach |
| Role | Lower Tribunal Clerk |
| Status | Active |
| Name | FLORIDA SUPREME COURT CLERK |
| Role | Lower Tribunal Clerk |
| Status | Active |
Docket Entries
| Docket Date | 2018-04-04 |
| Type | Disposition by Order |
| Subtype | Dismissed |
| Description | Order Granting Voluntary Dismissal ~ Pursuant to appellee's April 2, 2018 notice of voluntary dismissal of cross-appeal, the cross-appeal filed in this case is dismissed. The main appeal remains pending. |
| Docket Date | 2018-04-02 |
| Type | Brief |
| Subtype | Answer Brief |
| Description | Appellee's Answer Brief |
| On Behalf Of | SAFECO INSURANCE COMPANY OF ILLINOIS |
| Docket Date | 2018-04-02 |
| Type | Motions Other |
| Subtype | Motion/Notice Voluntary Dismissal |
| Description | Notice of Voluntary Dismissal ~ OF CROSS-APPEAL ONLY. |
| On Behalf Of | SAFECO INSURANCE COMPANY OF ILLINOIS |
| Docket Date | 9999-04-05 |
| Type | Misc. Events |
| Subtype | Miscellaneous Docket Entry |
| Description | Miscellaneous Entry/Document ~ **CROSS-APPEAL VOLUNTARILY DISMISSED** |
| Docket Date | 2019-06-19 |
| Type | Supreme Court |
| Subtype | Supreme Court Miscellaneous |
| Description | Supreme Court Disposition ~ SC19-52 |
| Docket Date | 2019-01-11 |
| Type | Supreme Court |
| Subtype | Acknowledged Receipt from Supreme Court |
| Description | Ack. Receipt from Supreme Court ~ SC19-52 |
| Docket Date | 2019-01-09 |
| Type | Notice |
| Subtype | Notice |
| Description | Notice sent to the Supreme Court |
| Docket Date | 2019-01-09 |
| Type | Supreme Court |
| Subtype | Notice to Invok. Disc. Jur. FSC |
| Description | Notice of Discretionary Jurisdiction to Supreme Court |
| On Behalf Of | SAFECO INSURANCE COMPANY OF ILLINOIS |
| Docket Date | 2018-12-28 |
| Type | Mandate |
| Subtype | Mandate |
| Description | Mandate |
| Docket Date | 2018-12-11 |
| Type | Misc. Events |
| Subtype | West Publishing |
| Description | West Publishing |
| Docket Date | 2018-12-11 |
| Type | Order |
| Subtype | Order on Motion for Rehearing |
| Description | ORD-Denying Rehearing ~ ORDERED that the appellee's November 8, 2018 motion for rehearing and/or clarification is denied. |
| Docket Date | 2018-12-06 |
| Type | Response |
| Subtype | Response |
| Description | Response |
| On Behalf Of | Fleurimond Barthelemy |
| Docket Date | 2018-11-21 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time |
| Description | Grant Extension of Time ~ ORDERED that appellant/cross-appellee's November 21, 2018 motion for extension is granted and the time for filing a response to the motion for rehearing and/or clarification is extended fifteen (15) days from the date of this order. |
| Docket Date | 2018-11-21 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to File Response |
| Description | Motion for Extension of Time to File Response |
| On Behalf Of | Fleurimond Barthelemy |
| Docket Date | 2018-11-08 |
| Type | Post-Disposition Motions |
| Subtype | Motion for Rehearing |
| Description | Motion For Rehearing ~ AND/OR CLARIFICATION |
| On Behalf Of | SAFECO INSURANCE COMPANY OF ILLINOIS |
| Docket Date | 2018-10-24 |
| Type | Order |
| Subtype | Order on Motion For Attorney's Fees |
| Description | Order Granting Attorney Fees-Prevailing ~ ORDERED that the appellant's May 14, 2018 motion for appellate attorneys' fees is granted conditioned on the trial court determining that appellant is the prevailing party and, if so, setting the amount of the attorney's fees to be awarded for this appellate case. If a motion for rehearing is filed in this court, then services rendered in connection with the filing of the motion, including but not limited to preparation of a responsive pleading, shall be taken into account in computing the amount of the fee. |
| Docket Date | 2018-10-24 |
| Type | Disposition by Opinion |
| Subtype | Reversed |
| Description | Reversed - Authored Opinion |
| Docket Date | 2018-07-17 |
| Type | Order |
| Subtype | Order Dispensing with Oral Argument |
| Description | ORD-Dispensing Oral Argument ~ After reviewing the briefs, the court, pursuant to Florida Rule of Appellate Procedure 9.320, has dispensed with oral argument. The case will be submitted to a conference by a panel of the court. |
| Docket Date | 2018-05-15 |
| Type | Response |
| Subtype | Response |
| Description | Response ~ TO MOT. FOR ATTY. FEES. |
| On Behalf Of | SAFECO INSURANCE COMPANY OF ILLINOIS |
| Docket Date | 2018-05-14 |
| Type | Motions Relating to Attorney Fees/Costs |
| Subtype | Motion For Attorney's Fees |
| Description | Motion For Attorney's Fees ~ **RESPONSE FILED** |
| On Behalf Of | Fleurimond Barthelemy |
| Docket Date | 2018-05-14 |
| Type | Brief |
| Subtype | Reply Brief |
| Description | Appellant's Reply Brief |
| On Behalf Of | Fleurimond Barthelemy |
| Docket Date | 2018-05-14 |
| Type | Motions Relating to Oral Argument |
| Subtype | Motion/Request for Oral Argument |
| Description | Request for Oral Argument |
| On Behalf Of | Fleurimond Barthelemy |
| Docket Date | 2018-04-27 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time - Reply Brief |
| Description | Notice of Agreed Extension - Reply Brief ~ 15 DAYS TO 5/12/18 |
| On Behalf Of | Fleurimond Barthelemy |
| Docket Date | 2018-03-23 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to Serve Answer Brief |
| Description | ORD-Answer Brief to be Served ~ ORDERED that appellee's March 21, 2018 motion for extension of time is granted in part, and appellee shall serve the answer brief within ten (10) days from the date of this order. In addition, appellee is notified that the failure to serve the brief within the time provided herein will foreclose appellee's right to file a brief or otherwise participate in this appeal, or the court in its discretion may impose other sanctions. Appellee is advised that no further extensions will be granted absent a detailed explanation for why the answer brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant. |
| Docket Date | 2018-03-21 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to Serve Answer Brief |
| Description | Mot. for Extension of time to file Answer Brief |
| On Behalf Of | SAFECO INSURANCE COMPANY OF ILLINOIS |
| Docket Date | 2018-02-16 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time - Answer Brief |
| Description | Notice of Agreed Extension - Answer Brief ~ 30 DAYS TO 3/21/18. |
| On Behalf Of | SAFECO INSURANCE COMPANY OF ILLINOIS |
| Docket Date | 2018-01-18 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time - Answer Brief |
| Description | Notice of Agreed Extension - Answer Brief ~ 30 DAYS TO 2/19/18 |
| On Behalf Of | SAFECO INSURANCE COMPANY OF ILLINOIS |
| Docket Date | 2017-12-20 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time - Answer Brief |
| Description | Notice of Agreed Extension - Answer Brief ~ 30 DAYS TO 1/19/18. |
| On Behalf Of | SAFECO INSURANCE COMPANY OF ILLINOIS |
| Docket Date | 2017-11-30 |
| Type | Brief |
| Subtype | Initial Brief |
| Description | Initial Brief on Merits |
| On Behalf Of | Fleurimond Barthelemy |
| Docket Date | 2017-11-20 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to Serve Initial Brief |
| Description | ORD-Initial Brief to be Served ~ ORDERED that appellant's November 17, 2017 motion for extension of time is granted in part, and appellant shall serve the initial brief within ten (10) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case will be subject to dismissal or the court in its discretion may impose other sanctions. Appellant is advised that no further extensions will be granted absent a detailed explanation for why the initial brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant. |
| Docket Date | 2017-11-17 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to Serve Initial Brief |
| Description | Mot. for Extension of time to file Initial Brief |
| On Behalf Of | Fleurimond Barthelemy |
| Docket Date | 2017-10-18 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time - Initial Brief |
| Description | Notice of Agreed Extension - Initial Brief ~ 30 DAYS TO 11/17/17. |
| On Behalf Of | Fleurimond Barthelemy |
| Docket Date | 2017-09-18 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time - Initial Brief |
| Description | Notice of Agreed Extension - Initial Brief ~ 30 DAYS TO 10/18/17. |
| On Behalf Of | Fleurimond Barthelemy |
| Docket Date | 2017-08-16 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time - Initial Brief |
| Description | Notice of Agreed Extension - Initial Brief ~ 30 DAYS TO 9/15/17. |
| On Behalf Of | Fleurimond Barthelemy |
| Docket Date | 2017-07-17 |
| Type | Record |
| Subtype | Record on Appeal |
| Description | Received Records ~ (54 PAGES) |
| Docket Date | 2017-07-11 |
| Type | Order |
| Subtype | Order on Motion to Consolidate |
| Description | ORD-Granting Consolidation ~ ORDERED that appellant's June 30, 2017 motion to consolidate and set briefing schedule is granted. Case numbers 4D17-1254 and 4D17-1543 are now consolidated for all purposes and shall proceed under case number 4D17-1254. Appellant shall file a single initial brief that addresses all of the issues in both appeals. Appellant shall file the initial brief within thirty (30) days from the date on which the index to the record on appeal is served as to 4D17-1543. Additional briefing shall be according to Florida Rule of Appellate Procedure 9.210(f). |
| Docket Date | 2017-06-30 |
| Type | Motions Other |
| Subtype | Motion To Consolidate |
| Description | Motion To Consolidate ~ *AND* SET BRIEFING SCHEDULE |
| On Behalf Of | Fleurimond Barthelemy |
| Docket Date | 2017-06-26 |
| Type | Record |
| Subtype | Record on Appeal |
| Description | Received Records ~ (2618 PAGES) |
| Docket Date | 2017-05-30 |
| Type | Misc. Events |
| Subtype | Court Reporter Acknowledgement Letter |
| Description | Court Reporter Acknowledgment Letter |
| Docket Date | 2017-05-09 |
| Type | Notice |
| Subtype | Notice of Cross Appeal |
| Description | Notice of Cross Appeal ~ CERT. COPY FILED 5/9/17 |
| Docket Date | 2017-04-28 |
| Type | Order |
| Subtype | Order on Filing Fee |
| Description | ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of this order. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed. |
| Docket Date | 2017-04-28 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgment Letter |
| Docket Date | 2017-04-27 |
| Type | Misc. Events |
| Subtype | Fee Status |
| Description | A3:Paid In Full - $300 |
| Docket Date | 2017-04-27 |
| Type | Notice |
| Subtype | Notice of Appeal |
| Description | Notice of Appeal Filed |
| On Behalf Of | Fleurimond Barthelemy |
| Classification | NOA Final - Circuit Civil - Other |
| Court | 4th District Court of Appeal |
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County CACE09-039965-14 |
Parties
| Name | JOSE ANTHONY HERNANDEZ |
| Role | Appellant |
| Status | Active |
| Representations | Anthony J. Russo, Hudson Jones, J. Pablo Caceres |
| Name | SAFECO INSURANCE COMPANY OF ILLINOIS |
| Role | Appellant |
| Status | Active |
| Name | Rebecca L. Heikka |
| Role | Appellee |
| Status | Active |
| Representations | Derek H. Lloyd, Kenneth Donald Cooper, Matthew Ryon Olmsted |
| Name | Hon. Carlos A. Rodriguez |
| Role | Judge/Judicial Officer |
| Status | Active |
| Name | Clerk - Broward |
| Role | Lower Tribunal Clerk |
| Status | Active |
Docket Entries
| Docket Date | 2018-06-21 |
| Type | Motions Relating to Attorney Fees/Costs |
| Subtype | Motion For Attorney's Fees |
| Description | Motion For Attorney's Fees ~ (AMENDED) |
| On Behalf Of | Rebecca L. Heikka |
| Docket Date | 2018-06-20 |
| Type | Order |
| Subtype | Order on Miscellaneous Motion |
| Description | Grant Miscellaneous Motion ~ ORDERED that appellant Safeco Insurance Company of Illinois' June 19, 2018 motion to accept response to May 25, 2018 motion out of time is granted. |
| Docket Date | 2018-06-20 |
| Type | Response |
| Subtype | Response |
| Description | Response ~ **SEE CORRECTED RESPONSE** TO FOUR PENDING MOTIONS OF HEIKKA |
| On Behalf Of | JOSE ANTHONY HERNANDEZ |
| Docket Date | 2018-06-20 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| On Behalf Of | JOSE ANTHONY HERNANDEZ |
| Docket Date | 2018-06-20 |
| Type | Record |
| Subtype | Appendix to Response |
| Description | Appendix to Response ~ SUPPLEMENTAL APPENDIX TO CONSOLIDATED RESPONSE TOHEIKKA'S MOTIONS |
| On Behalf Of | JOSE ANTHONY HERNANDEZ |
| Docket Date | 2018-06-19 |
| Type | Motions Other |
| Subtype | Miscellaneous Motion |
| Description | Miscellaneous Motion ~ "MOTION TO ACCEPT RESPONSE TO MAY 25, 2018 MOTION OUT OF TIME" |
| On Behalf Of | JOSE ANTHONY HERNANDEZ |
| Docket Date | 2018-06-15 |
| Type | Record |
| Subtype | Appendix to Response |
| Description | Appendix to Response |
| On Behalf Of | Rebecca L. Heikka |
| Docket Date | 2018-06-15 |
| Type | Response |
| Subtype | Response |
| Description | Response ~ ***AMENDED***TO APPELLANT'S MOTION TO ENFORCE THE MANDATE AND AMENDED MOTION FOR 57.105 FE |
| On Behalf Of | Rebecca L. Heikka |
| Docket Date | 2018-06-14 |
| Type | Motions Other |
| Subtype | Motion to Withdraw Filing |
| Description | Motion To Withdraw Pleadings |
| On Behalf Of | Rebecca L. Heikka |
| Docket Date | 2018-06-14 |
| Type | Order |
| Subtype | Order on Motion to Withdraw Filing |
| Description | ORD-To Withdraw Pleadings ~ ORDERED that appellee's June 14, 2018 motion to withdraw the appellee's June 11, 2018 response is granted, and the June 11, 2018 response is considered withdrawn. |
| Docket Date | 2018-06-11 |
| Type | Record |
| Subtype | Appendix |
| Description | Appendix ~ TO MOTION TO STRIKE |
| On Behalf Of | Rebecca L. Heikka |
| Docket Date | 2018-06-11 |
| Type | Response |
| Subtype | Response |
| Description | Response ~ ***WITHDRAWN 6/14/18***TO APPELLANT'S MOTION TO ENFORCE THE MANDATE AND AMENDED MOTION FOR 57.105 FEES AND TO MOTION TO STRIKE |
| On Behalf Of | Rebecca L. Heikka |
| Docket Date | 2018-06-05 |
| Type | Response |
| Subtype | Response |
| Description | Response ~ TO HEIKKA'S MOTION FOR 57.105 FEES AND TO STRIKE PLAINTIFF'S PLEADINGS, Etc |
| On Behalf Of | JOSE ANTHONY HERNANDEZ |
| Docket Date | 2018-06-05 |
| Type | Motions Relating to Attorney Fees/Costs |
| Subtype | Motion For Attorney's Fees |
| Description | Motion For Attorney's Fees ~ **SEE AMENDED MOTION FILED 06/20/2018** |
| On Behalf Of | Rebecca L. Heikka |
| Docket Date | 2018-01-11 |
| Type | Order |
| Subtype | Order on Miscellaneous Motion |
| Description | Grant Miscellaneous Motion ~ ORDERED that appellee's January 9, 2018 motion to amend its motion for attorney’s fees and costs is granted and the amended motion for attorney’s fees and costs is deemed filed as of the date of this order. |
| Docket Date | 2018-01-09 |
| Type | Motions Other |
| Subtype | Miscellaneous Motion |
| Description | Miscellaneous Motion ~ TO AMEND MOTION FOR ATTORNEY'S FEES AND COSTS |
| On Behalf Of | Rebecca L. Heikka |
| Docket Date | 2018-01-09 |
| Type | Order |
| Subtype | Order Dispensing with Oral Argument |
| Description | ORD-Dispensing Oral Argument ~ After reviewing the briefs, the court, pursuant to Florida Rule of Appellate Procedure 9.320, has dispensed with oral argument. The case will be submitted to a conference by a panel of the court. |
| Docket Date | 2018-01-08 |
| Type | Record |
| Subtype | Appendix |
| Description | Appendix to Brief |
| On Behalf Of | Rebecca L. Heikka |
| Docket Date | 2018-01-04 |
| Type | Order |
| Subtype | Order Striking Filing |
| Description | Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that the appellee's appendix to the answer brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.220(c), which was amended effective October 1, 2017, in that it was not bookmarked in compliance with Rule 9.220(c)(3). An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order. |
| Docket Date | 2018-01-02 |
| Type | Brief |
| Subtype | Amended Answer Brief |
| Description | Amended Appellee's Answer Brief |
| On Behalf Of | Rebecca L. Heikka |
| View | View File |
| Docket Date | 2018-01-02 |
| Type | Record |
| Subtype | Appendix |
| Description | Appendix to Brief ~ ***STRICKEN, SEE 01/04/2018 ORDER*** |
| On Behalf Of | Rebecca L. Heikka |
| Docket Date | 2017-12-28 |
| Type | Response |
| Subtype | Response |
| Description | Response ~ "MOTION FOR APPELLATE ATTORNEY'S FEES AND COSTS" |
| On Behalf Of | JOSE ANTHONY HERNANDEZ |
| Docket Date | 2017-12-21 |
| Type | Order |
| Subtype | Order on Motion For Leave To File Amended Brief |
| Description | Ord-To Amend/Correct Brief ~ ORDERED that appellee's December 20, 2017 motion to amend the answer brief is granted, and appellee shall serve the amended answer brief within fifteen (15) days from the date of this order. |
| Docket Date | 2017-12-20 |
| Type | Motions Relating to Briefs |
| Subtype | Motion to Amend Brief |
| Description | Motion For Leave To File Amended Brief |
| On Behalf Of | Rebecca L. Heikka |
| Docket Date | 2017-12-12 |
| Type | Motions Relating to Attorney Fees/Costs |
| Subtype | Motion For Attorney's Fees |
| Description | Motion For Attorney's Fees ~ Response filed 12/28/17 |
| On Behalf Of | Rebecca L. Heikka |
| Docket Date | 2017-12-12 |
| Type | Motions Relating to Oral Argument |
| Subtype | Motion/Request for Oral Argument |
| Description | Request for Oral Argument |
| On Behalf Of | Rebecca L. Heikka |
| Docket Date | 2017-12-11 |
| Type | Brief |
| Subtype | Answer Brief |
| Description | Appellee's Answer Brief |
| On Behalf Of | Rebecca L. Heikka |
| View | View File |
| Docket Date | 2017-11-20 |
| Type | Brief |
| Subtype | Initial Brief |
| Description | Initial Brief on Merits |
| On Behalf Of | JOSE ANTHONY HERNANDEZ |
| View | View File |
| Docket Date | 2017-11-15 |
| Type | Order |
| Subtype | Order Discharging Show Cause Order |
| Description | ORD-Discharging Show Cause ~ ORDERED that upon consideration of appellant's November 14, 2017 response, this court's November 14, 2017 order to show cause is discharged; ORDERED that appellee's October 31, 2017 "motion to strike the appeal" is treated as a motion to dismiss the appeal and is denied; further, ORDERED that appellee's November 7, 2017 "motion to dismiss the appeal for repeated failures to file the brief and for repeated failure to comply with the court's orders" is denied. |
| Docket Date | 2017-11-14 |
| Type | Order |
| Subtype | Show Cause re Compliance with Prior Order |
| Description | Order to Show Cause-Appeal Dismissal ~ ***DISCHARGED, SEE 11/15/2017 ORDER*** ORDERED that appellant is directed to show cause in writing, if any there be, within five (5) days from the date of this order, why the above-styled case should not be dismissed or other sanctions imposed for failure to comply with this court's October 10, 2017 order requiring appellant to monitor the supplementation of the record on appeal. See Fla. R. App. P. 9.200(e) ("The burden to ensure that the record is prepared and transmitted in accordance with these rules shall be on the petitioner or appellant."). |
| Docket Date | 2017-11-14 |
| Type | Response |
| Subtype | Response |
| Description | Response to Order to Show Cause |
| On Behalf Of | JOSE ANTHONY HERNANDEZ |
| Docket Date | 2017-11-13 |
| Type | Record |
| Subtype | Supplemental Record |
| Description | Supplemental Records ~ (SECOND) 288 PAGES |
| Docket Date | 2017-11-07 |
| Type | Motions Other |
| Subtype | Motion To Dismiss |
| Description | Motion To Dismiss ~ THE APPEAL FOR REPEATED FAILURETO FILE THE BRIEF AND FOR REPEATEDFAILURE TO COMPLY WITH THE COURT'S ORDERS ***DENIED, SEE 11/15/2017 ORDER*** |
| On Behalf Of | Rebecca L. Heikka |
| Docket Date | 2017-10-31 |
| Type | Motions Other |
| Subtype | Motion To Strike |
| Description | Motion To Strike ~ THE APPEAL ***TREATED AS A MOTION TO DISMISS THE APPEAL AND IS DENIED. SEE 11/15/2017 ORDER.*** |
| On Behalf Of | Rebecca L. Heikka |
| Docket Date | 2017-10-05 |
| Type | Order |
| Subtype | Order Striking Filing |
| Description | ORD-Stricken as Unauthorized ~ ORDERED sua sponte that the appellee's October 4, 2017 reply is stricken as unauthorized. |
| Docket Date | 2017-10-04 |
| Type | Response |
| Subtype | Reply to Response |
| Description | Reply to Response ~ ***STRICKEN, SEE 10/05/2017 ORDER*** |
| On Behalf Of | Rebecca L. Heikka |
| Docket Date | 2017-09-28 |
| Type | Response |
| Subtype | Response |
| Description | Response ~ ***DENIED, SEE 10/10/2017 ORDER*** TO MOTION TO DISMISS |
| On Behalf Of | JOSE ANTHONY HERNANDEZ |
| Docket Date | 2017-09-21 |
| Type | Motions Other |
| Subtype | Motion To Dismiss |
| Description | Motion To Dismiss ~ ***GRANTED, SEE 10/10/2017 ORDER*** |
| On Behalf Of | Rebecca L. Heikka |
| Docket Date | 2017-09-14 |
| Type | Motions Other |
| Subtype | Miscellaneous Motion |
| Description | Miscellaneous Motion ~ TO TAKE JUDICIAL NOTICE |
| On Behalf Of | JOSE ANTHONY HERNANDEZ |
| Docket Date | 2017-09-14 |
| Type | Record |
| Subtype | Appendix |
| Description | Appendix ~ TO MOTION TO TAKE JUDICIAL NOTICE |
| On Behalf Of | JOSE ANTHONY HERNANDEZ |
| Docket Date | 2017-09-07 |
| Type | Motions Relating to Records |
| Subtype | Motion to Supplement Record & EOT/Toll Briefing |
| Description | Motion Supplemental Record & Eot For Brief |
| On Behalf Of | JOSE ANTHONY HERNANDEZ |
| Docket Date | 2017-09-05 |
| Type | Record |
| Subtype | Supplemental Record |
| Description | Supplemental Records ~ (CORRECTED) 882 PAGES |
| Docket Date | 2017-09-05 |
| Type | Misc. Events |
| Subtype | Affidavit |
| Description | Affidavit ~ OF CLERK RE: THE SUPPLEMENTAL RECORD FILED ON 09/01/2017 |
| Docket Date | 2017-09-01 |
| Type | Record |
| Subtype | Supplemental Record |
| Description | Supplemental Records ~ 882 PAGES |
| Docket Date | 2017-08-22 |
| Type | Order |
| Subtype | Order on Motion to Supplement Record & EOT/Toll Briefing |
| Description | Order Granting Motion to Supplement the Record ~ ORDERED that appellant Safeco Insurance Company of Illinois a/k/a Safeco Insurance Company of Illinois, Inc.'s August 16, 2017 renewed motion to supplement and correct the record on appeal is granted. The material requested in the motion shall be included in the record on appeal. The clerk of the lower tribunal shall prepare and file the supplemental material in this court within ten (10) days from the date of this order. Appellant shall monitor the supplementation process. |
| Docket Date | 2017-08-16 |
| Type | Record |
| Subtype | Appendix |
| Description | Appendix ~ IN SUPPORT OF ITS RENEWED MOTION TO SUPPLEMENT AND CORRECT THE RECORD ON APPEAL |
| On Behalf Of | JOSE ANTHONY HERNANDEZ |
| Docket Date | 2017-08-16 |
| Type | Motions Relating to Records |
| Subtype | Motion to Amend/Correct Record |
| Description | Motion To Correct the Record ~ RENEWED MOTION TO SUPPLEMENT *AND* |
| On Behalf Of | JOSE ANTHONY HERNANDEZ |
| Docket Date | 2017-08-07 |
| Type | Order |
| Subtype | Order on Motion to Supplement Record & EOT/Toll Briefing |
| Description | ORD-deny motion to supplement per 9.300(a) ~ ORDERED that appellant's August 3, 2017 motion to supplement and correct the record on appeal is denied without prejudice for failure to comply with Florida Rule of Appellate Procedure 9.300(a). See also this court's Notice to Attorneys and to Parties Representing Themselves, Paragraph 1. |
| Docket Date | 2017-08-03 |
| Type | Motions Relating to Records |
| Subtype | Motion to Supplement Record |
| Description | Motion To File Supplemental Record ~ *AND* CORRECT THE RECORD ON APPEAL. |
| On Behalf Of | JOSE ANTHONY HERNANDEZ |
| Docket Date | 2017-07-28 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to Serve Initial Brief |
| Description | Order Granting EOT for Initial Brief ~ ORDERED that appellant, Safeco Insurance Company of Illinois' July 19, 2017 third enlargement of time to serve initial brief is granted, and appellant shall serve the initial brief on or before August 30, 2017. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions. |
| Docket Date | 2017-07-28 |
| Type | Record |
| Subtype | Exhibits |
| Description | Received Exhibits ~ 898 PAGES |
| Docket Date | 2017-07-24 |
| Type | Record |
| Subtype | Record on Appeal |
| Description | Received Records ~ (2833 PAGES) |
| Docket Date | 2017-07-19 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to Serve Initial Brief |
| Description | Mot. for Extension of time to file Initial Brief |
| On Behalf Of | JOSE ANTHONY HERNANDEZ |
| Docket Date | 2017-06-30 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to Serve Initial Brief |
| Description | Order Granting EOT for Initial Brief ~ ORDERED that appellant's June 23, 2017 motion for enlargement of time is granted, and appellant shall serve the initial brief on or before July 31, 2017. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions. |
| Docket Date | 2017-06-27 |
| Type | Misc. Events |
| Subtype | Status Report |
| Description | Status Report ~ RE: PAYMENT OF RECORD **AMENDED** |
| On Behalf Of | JOSE ANTHONY HERNANDEZ |
| Docket Date | 2017-06-23 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to Serve Initial Brief |
| Description | Mot. for Extension of time to file Initial Brief |
| On Behalf Of | JOSE ANTHONY HERNANDEZ |
| Docket Date | 2017-06-22 |
| Type | Misc. Events |
| Subtype | Status Report |
| Description | Status Report ~ RE: PAYMENT OF RECORD |
| On Behalf Of | JOSE ANTHONY HERNANDEZ |
| Docket Date | 2017-06-20 |
| Type | Order |
| Subtype | Order to File Status Report |
| Description | Order for Status Report Re: ROA ~ Upon consideration of the Affidavit of Non-Payment of Appeal Invoice filed by the clerk of the lower tribunal on June 8, 2017, appellants are ordered to file a report within ten (10) days from the date of this order, as to the status of payment for preparation of the record on appeal. |
| Docket Date | 2017-06-08 |
| Type | Misc. Events |
| Subtype | Affidavit |
| Description | Affidavit ~ OF NON-PAYMENT OF APPEAL INVOICE |
| Docket Date | 2017-05-10 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time - Initial Brief |
| Description | Notice of Agreed Extension - Initial Brief ~ 30 DAYS TO 6/30/17 |
| On Behalf Of | JOSE ANTHONY HERNANDEZ |
| Docket Date | 2017-03-30 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgment Letter |
| Docket Date | 2017-03-28 |
| Type | Notice |
| Subtype | Notice of Appeal |
| Description | Notice of Appeal Filed |
| On Behalf Of | JOSE ANTHONY HERNANDEZ |
| Docket Date | 2017-03-28 |
| Type | Misc. Events |
| Subtype | Fee Status |
| Description | A3:Paid In Full - $300 |
| Docket Date | 2018-06-28 |
| Type | Order |
| Subtype | Order on Miscellaneous Motion |
| Description | Deny Miscellaneous Motion ~ ORDERED that appellant Safeco's May 21, 2018 corrected motion to enforce mandate and for related relief is denied without prejudice to file a direct appeal; further, ORDERED that appellee's May 22, 2018 motion for 57.105 fees and to strike plaintiff's Jose Hernandez's/Safeco's pleadings and sanctions is determined to be moot; further, ORDERED that appellee's May 25, 2018 motion to strike plaintiff's Jose Hernandez's/Safeco's alleged motion to enforce the mandate until such time as a motion to re-open the appeal and to allow further briefs have been filed and sanctions and for 57.105 fees is denied as moot; further, ORDERED that appellee's June 5, 2018 motion to dismiss the appeal or motion to enforce the mandate since it asks for injunctive relief and asks for an advisory opinion is denied; further, ORDERED that appellee's June 5, 2018 motion for appellate attorney's fees is determined to be moot; further, ORDERED that appellee's June 5, 2018 amended motion for 57.105 fees and to motion to strike plaintiff's Jose Hernandez's/Safeco's alleged motion to enforce the mandate and sanctions is denied as moot; further, ORDERED that appellee's June 21, 2018 amended motion for attorney's fees and costs is denied. |
| Docket Date | 2018-06-05 |
| Type | Motions Other |
| Subtype | Motion To Strike |
| Description | Motion To Strike ~ AMENDED MOTION FOR 57.105 FEES AND TO MOTION TO STRIKE PLAINTIFF'S JOSE HERNANDEZ'S/SAFECO'S ALLEGED MOTION TO ENFORCE THE MANDATE AND SANCTIONS |
| On Behalf Of | Rebecca L. Heikka |
| Docket Date | 2018-05-25 |
| Type | Motions Other |
| Subtype | Motion To Strike |
| Description | Motion To Strike ~ PLAINTIFF'S JOSE HERNANDEZ'S/SAFECO'S ALLEGED MOTION TO ENFORE THE MANDATE UNTIL SUCH TIME AS A MOTION TO RE-OPEN THE APPEAL AND TO ALLOW FURTHER BRIEFS HAVE BEEN FILED AND SANCTIONS AND FOR 57.105 FEES |
| On Behalf Of | Rebecca L. Heikka |
| Docket Date | 2018-05-22 |
| Type | Motions Other |
| Subtype | Motion To Strike |
| Description | Motion To Strike ~ **AMENDED MOTION FILED 06/05/2018** MOTION FOR 57.105 FEES AND TO STRIKE PLAINTIFF'S JOSE HERNANDEZ'S/SAFECO'S PLEADINGS AND SANCTIONS |
| On Behalf Of | Rebecca L. Heikka |
| Docket Date | 2018-05-21 |
| Type | Record |
| Subtype | Appendix |
| Description | Appendix ~ TO MOTION TO ENFORCE MANDATE |
| On Behalf Of | JOSE ANTHONY HERNANDEZ |
| Docket Date | 2018-05-21 |
| Type | Motions Other |
| Subtype | Miscellaneous Motion |
| Description | Miscellaneous Motion ~ **SEE CORRECTED MOTION** MOTION TO ENFORCE MANDATE, AND FOR RELATED RELIEF |
| On Behalf Of | JOSE ANTHONY HERNANDEZ |
| Docket Date | 2018-04-20 |
| Type | Misc. Events |
| Subtype | West Publishing |
| Description | West Publishing |
| Docket Date | 2018-04-20 |
| Type | Mandate |
| Subtype | Mandate |
| Description | Mandate |
| Docket Date | 2018-04-04 |
| Type | Disposition by Opinion |
| Subtype | Affirmed |
| Description | Affirmed - Authored Opinion |
| Docket Date | 2018-04-04 |
| Type | Order |
| Subtype | Order on Motion For Attorney's Fees |
| Description | Deny Attorney's Fees ~ ORDERED that the appellee's January 11, 2018 amended motion for attorney's fees and costs is denied. |
| Docket Date | 2018-03-22 |
| Type | Notice |
| Subtype | Notice of Supplemental Authority |
| Description | Notice of Supplemental Authority |
| On Behalf Of | Rebecca L. Heikka |
| Docket Date | 2018-02-07 |
| Type | Brief |
| Subtype | Reply Brief |
| Description | Appellant's Reply Brief |
| On Behalf Of | JOSE ANTHONY HERNANDEZ |
| View | View File |
| Docket Date | 2018-02-07 |
| Type | Order |
| Subtype | Order on Miscellaneous Motion |
| Description | Deny Miscellaneous Motion ~ ORDERED that appellee's February 6, 2018 motion to file a five (5) page response to appellant’s memorandum in opposition to appellate attorney’s fees is denied. Further,ORDERED that appellant's February 1, 2018 motion for enlargement of time to serve reply brief is granted, and the reply brief is deemed filed as of the date of this order. |
| Docket Date | 2018-02-06 |
| Type | Response |
| Subtype | Reply to Response |
| Description | Reply to Response ~ ***PROPOSED REPLY DENIED, SEE 02/07/2018 ORDER*** "RESPONSE TO APPELLANT'S RESPONSE TO HEIKKA'S AMENDED MOTION FOR ATTORNEY'S FEES AND COSTS" |
| On Behalf Of | Rebecca L. Heikka |
| Docket Date | 2018-02-06 |
| Type | Motions Other |
| Subtype | Miscellaneous Motion |
| Description | Miscellaneous Motion ~ MOTION TO FILE A FIVE (5) PAGE RESPONSE TO APPELLANT'S MEMORANDUM IN OPPOSITION TO APPELLATE ATTORNEY'S FEES |
| On Behalf Of | Rebecca L. Heikka |
| Docket Date | 2018-02-01 |
| Type | Order |
| Subtype | Order on Motion To Strike |
| Description | Deny Motion to Strike ~ ORDERED that the appellant Safeco Insurance Company's January 31, 2018 motion to strike is denied. |
| Docket Date | 2018-02-01 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to Serve Reply Brief |
| Description | Mot. for Extension of Time to File Reply Brief ~ ***GRANTED, SEE 02/07/2018 ORDER*** |
| On Behalf Of | JOSE ANTHONY HERNANDEZ |
| Docket Date | 2018-01-31 |
| Type | Motions Other |
| Subtype | Motion To Strike |
| Description | Motion To Strike ~ HEIKKA'S APPENDIX TO THE AMENDED ANSWER BRIEF |
| On Behalf Of | JOSE ANTHONY HERNANDEZ |
| Docket Date | 2018-01-26 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time - Reply Brief |
| Description | Notice of Agreed Extension - Reply Brief ~ 3 DAYS TO 02/01/2018 |
| On Behalf Of | JOSE ANTHONY HERNANDEZ |
| Docket Date | 2018-01-26 |
| Type | Response |
| Subtype | Response |
| Description | Response ~ TO AMENDED MOTION FOR ATTORNEY'S FEES AND COSTS |
| On Behalf Of | JOSE ANTHONY HERNANDEZ |
| Docket Date | 2018-01-11 |
| Type | Motions Relating to Attorney Fees/Costs |
| Subtype | Motion For Attorney's Fees |
| Description | Motion For Attorney's Fees ~ (AMENDED) ***RESPONSE FILED 01/26/2018*** |
| On Behalf Of | Rebecca L. Heikka |
| Docket Date | 2017-10-10 |
| Type | Order |
| Subtype | Order on Motion to Supplement Record & EOT/Toll Briefing |
| Description | Ord-Supplement ROA & Toll Time for Brief ~ ORDERED that appellant Safeco Insurance Company of Illinois’ September 7, 2017 “second motion to supplement the record and to set deadline to file initial brief (agreed/contested)” is granted. The material requested in the motion shall be included in the record on appeal. The clerk of the lower tribunal shall prepare and file the supplemental material in this court within twenty (20) days from the date of this order. Appellant shall monitor the supplementation process; further,ORDERED that the time for filing appellants’ initial brief is tolled until five (5) days after the supplemental record is received; further,ORDERED that appellant Safeco Insurance Company of Illinois’ September 14, 2017 “motion to take judicial notice (agreed/contested)” is granted, and the documents contained in the “appendix to motion to take judicial notice” filed September 14, 2017 are judicially noticed; further,Upon consideration of appellant Safeco Insurance Company of Illinois’ September 28, 2017 response, it is ORDERED that appellee’s September 21, 2017 motion to dismiss is denied. |
| Docket Date | 2017-03-30 |
| Type | Order |
| Subtype | Order on Filing Fee |
| Description | ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of this order. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed. |
| Name | Date |
|---|---|
| REINSTATEMENT | 2024-10-17 |
| ANNUAL REPORT | 2023-05-01 |
| ANNUAL REPORT | 2022-04-27 |
| ANNUAL REPORT | 2021-04-29 |
| ANNUAL REPORT | 2020-05-13 |
| ANNUAL REPORT | 2019-05-01 |
| ANNUAL REPORT | 2018-04-11 |
| ANNUAL REPORT | 2017-04-28 |
| ANNUAL REPORT | 2016-04-28 |
| ANNUAL REPORT | 2015-04-30 |
Date of last update: 02 Mar 2025
Sources: Florida Department of State
