| Entity Name: | AVATAR PROPERTY & CASUALTY INSURANCE COMPANY |
| Jurisdiction: | FLORIDA |
| Filing Type: |
Domestic Profit
AVATAR PROPERTY & CASUALTY INSURANCE COMPANY is structured as a Domestic Profit Corporation, which, in Florida signifies a Profit Corporation (also known as a C-Corporation). This business structure is recognized as a separate legal entity from its owners. This offers shareholders the benefit of limited liability protection, safeguarding their personal assets from the corporation's debts and obligations, and facilitates raising capital through the issuance of stock. In Florida, Domestic Profit Corporations are governed by Title XXXVI, Chapter 607, Florida Statutes – Florida Business Corporation Act. |
| Status: |
Inactive
The business entity is inactive. This status may signal operational issues or voluntary closure, raising concerns about the business's ability to repay loans and requiring careful risk assessment by lenders. |
| Date Filed: | 30 Jan 2008 (17 years ago) |
| Date of dissolution: | 22 Sep 2023 (a year ago) |
| Last Event: | ADMIN DISSOLUTION FOR ANNUAL REPORT |
| Event Date Filed: | 22 Sep 2023 (a year ago) |
| Document Number: | P08000011476 |
| FEI/EIN Number |
260718939
Federal Employer Identification (FEI) Number assigned by the IRS. |
| Address: | 1101 E Cumberland Ave, TAMPA, FL, 33602, US |
| Mail Address: | 1101 E Cumberland Ave, TAMPA, FL, 33602, US |
| ZIP code: | 33602 |
| County: | Hillsborough |
| Place of Formation: | FLORIDA |
| Name | Role | Address |
|---|---|---|
| ADHIA HITESH P | Director | 5102 LONGBOAT BLVD., TAMPA, FL, 33615 |
| KARIA MANUBHAI | Director | 54 MERION ROAD, DOVER, DE, 19904 |
| PATEL KIRAN C | Director | 11609 CARROLLWOOD DRIVE, TAMPA, FL, 33618 |
| WILLIAMS LEWIS | Chief Financial Officer | 1101 E CUMBERLAND AVE, TAMPA, FL, 33602 |
| Mellon Christine | Officer | 6253 ENGLISH HOLLOW RD, TAMPA, FL, 33647 |
| RUDD MICHAEL P | Director | 4000 HOLLYWOOD BLVD, HOLLYWOOD, FL, 33021 |
| CHIEF FINANCIAL OFFICER | Agent | 200 E. Gaines St., TALLAHASSEE, FL, 32399 |
| Event Type | Filed Date | Value | Description |
|---|---|---|---|
| ADMIN DISSOLUTION FOR ANNUAL REPORT | 2023-09-22 | - | - |
| MERGER | 2017-05-18 | - | CORPORATION WAS A MERGER RESULT. TOTAL NUMBER OF QUALIFIED CORPORATION(S) INVOLVED WAS 1. MERGER NUMBER 300000171513 |
| REGISTERED AGENT NAME CHANGED | 2017-05-17 | CHIEF FINANCIAL OFFICER | - |
| REGISTERED AGENT ADDRESS CHANGED | 2017-05-17 | 200 E. Gaines St., TALLAHASSEE, FL 32399 | - |
| CHANGE OF PRINCIPAL ADDRESS | 2013-01-28 | 1101 E Cumberland Ave, TAMPA, FL 33602 | - |
| CHANGE OF MAILING ADDRESS | 2013-01-28 | 1101 E Cumberland Ave, TAMPA, FL 33602 | - |
| Document Number | Status | Case Number | Name of Court | Date of Entry | Expiration Date | Amount Due | Plaintiff |
|---|---|---|---|---|---|---|---|
| J22000108938 | ACTIVE | 2018-7307-CA-01 | CIRCUIT COURT IN MIAMI-DADE | 2022-02-23 | 2027-03-04 | $33,155.00 | ERWIN ACLE, ESQ., 8603 SOUTH DIXIE HIGHWAY, SUITE 409, MIAMI, FL 33156 |
| J22000109209 | ACTIVE | 20187307CA01 | CIRCUIT COURT OF MIAMI DADE | 2022-02-23 | 2027-03-04 | $34,500.00 | BOBBY NUNEZ, ESQ., 2828 CORAL WAY, #206, MIAMI, FL, 33145 |
| J18000564948 | TERMINATED | CACE-18-005689(21) | 17TH JUDICIAL CIRCUIT | 2018-06-18 | 2023-08-14 | $34,009.94 | RAPID RECOVERY TEAM, LLC A/A/O BRENTON DALRYMPLE, 102 NE 2ND STREET, SUITE 160, BOCA RATON, FL 33432 |
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| Irma Carrillo, et al., Appellant(s), v. Avatar Property & Casualty Insurance Company, Appellee(s). | 3D2023-1939 | 2023-10-30 | Closed | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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| Name | Irma Carrillo |
| Role | Appellant |
| Status | Active |
| Representations | Natasha Alexandra Rivera, Peter Alexander Diamond |
| Name | Irma Gil |
| Role | Appellant |
| Status | Active |
| Representations | Natasha Alexandra Rivera, Peter Alexander Diamond |
| Name | AVATAR PROPERTY & CASUALTY INSURANCE COMPANY |
| Role | Appellee |
| Status | Active |
| Representations | Agustin Alvarez |
| Name | Hon. Jose M. Rodriguez |
| Role | Judge/Judicial Officer |
| Status | Active |
| Name | Miami-Dade Clerk |
| Role | Lower Tribunal Clerk |
| Status | Active |
Docket Entries
| Docket Date | 2024-01-26 |
| Type | Mandate |
| Subtype | Disp. w/o Mandate |
| Description | Disp. w/o Mandate |
| Docket Date | 2024-01-26 |
| Type | Misc. Events |
| Subtype | West Publishing |
| Description | West Publishing |
| Docket Date | 2024-01-25 |
| Type | Motions Other |
| Subtype | Motion/Notice Voluntary Dismissal |
| Description | Notice of Voluntary Dismissal |
| On Behalf Of | Irma Gil |
| Docket Date | 2024-01-23 |
| Type | Order |
| Subtype | Order |
| Description | Pursuant to the time schedule provided in the Florida Rules of Appellate Procedure, the time for filing the initial brief has expired. This cause will be subject to dismissal unless the document referred to is filed within ten (10) days from the date of this Order, or within said time the Court is otherwise notified that this matter is being diligently prosecuted. |
| View | View File |
| Docket Date | 2024-01-08 |
| Type | Record |
| Subtype | Record on Appeal |
| Description | Record on Appeal |
| On Behalf Of | Miami-Dade Clerk |
| Docket Date | 2023-11-13 |
| Type | Event |
| Subtype | Fee Satisfied |
| Description | Fee Satisfied |
| Docket Date | 2023-11-13 |
| Type | Miscellaneous Document |
| Subtype | Pay Case Filing Fee-300 |
| Description | Case Filing Fee $300 paid. Batch # 9480817 |
| On Behalf Of | Irma Gil |
| View | View File |
| Docket Date | 2023-11-13 |
| Type | Notice |
| Subtype | Notice |
| Description | Appellant's Notice of Compliance with Certificate of Service |
| On Behalf Of | Irma Gil |
| Docket Date | 2023-10-30 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgment Letter |
| View | View File |
| Docket Date | 2023-10-30 |
| Type | Notice |
| Subtype | Notice of Appeal |
| Description | Notice of Appeal Incomplete certificate of service. |
| On Behalf Of | Irma Gil |
| Docket Date | 2023-10-30 |
| Type | Order |
| Subtype | Order on Filing Fee |
| Description | This is to notify counsel for appellants that the filing and prosecution of a notice of appeal in this Court is not acceptable without compliance with the Florida Rules of Appellate Procedure. Therefore, this appeal will be dismissed unless the required three hundred dollar ($300.00) fee is paid to the Clerk of the Court on or before November 9, 2023. |
| View | View File |
| Docket Date | 2024-01-26 |
| Type | Disposition by Order |
| Subtype | Dismissed |
| Description | IT IS HEREBY ORDERED that Appellants' Notice of Voluntary Dismissal is recognized by the Court, and this appeal from the Circuit Court for Miami-Dade County, Florida, is hereby dismissed. |
| View | View File |
| Docket Date | 2024-01-11 |
| Type | Order |
| Subtype | Order |
| Description | Upon review of the record/affidavits filed in this case, the Court has determined that condensed transcripts fail to comply with the requirements of Florida Rules of Appellate Procedure 9.200(b)(4) and 9.220(c)(4). Any such condensed transcripts filed after January 1, 2019, are hereby stricken. The responsible party (the party who seeks to have the transcripts considered by this Court) shall file transcripts that comply with the Florida Rules of Appellate Procedure within thirty (30) days from the date of this Order. |
| View | View File |
| Classification | NOA Final - Circuit Civil - Other |
| Court | 4th District Court of Appeal |
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County 502017CA006891 |
Parties
| Name | Hally Finell |
| Role | Appellant |
| Status | Active |
| Representations | Percy Martinez |
| Name | AVATAR PROPERTY & CASUALTY INSURANCE COMPANY |
| Role | Appellee |
| Status | Active |
| Representations | Kirsten Hope Matthis, Timothy Jon Meenan, Jr., Paulo R Lima, Elizabeth Koebel Russo, Julius Matusewicz |
| Name | Florida Insurance Guaranty Association, Inc. |
| Role | Appellee |
| Status | Active |
| Representations | Hinda Klein |
| Name | Hon. Jaimie Goodman |
| Role | Judge/Judicial Officer |
| Status | Active |
| Name | Palm Beach Clerk |
| Role | Lower Tribunal Clerk |
| Status | Active |
Docket Entries
| Docket Date | 2024-05-01 |
| Type | Mandate |
| Subtype | Mandate |
| Description | Mandate |
| View | View File |
| Docket Date | 2024-05-01 |
| Type | Misc. Events |
| Subtype | West Publishing |
| Description | West Publishing |
| Docket Date | 2024-04-10 |
| Type | Order |
| Subtype | Order on Motion For Attorney's Fees |
| Description | Order on Motion For Attorney's Fees |
| View | View File |
| Docket Date | 2024-04-10 |
| Type | Disposition by Opinion |
| Subtype | Reversed |
| Description | Reversed |
| View | View File |
| Docket Date | 2024-01-18 |
| Type | Order |
| Subtype | Order on Motion/Request for Oral Argument |
| Description | Order on Motion/Request for Oral Argument |
| View | View File |
| Docket Date | 2023-10-31 |
| Type | Motion |
| Subtype | Request-Oral Argument |
| Description | Request for Oral Argument |
| On Behalf Of | Florida Insurance Guaranty Association, Inc. |
| View | View File |
| Docket Date | 2023-10-31 |
| Type | Brief |
| Subtype | Answer Brief |
| Description | Answer Brief |
| On Behalf Of | Florida Insurance Guaranty Association, Inc. |
| View | View File |
| Docket Date | 2023-10-03 |
| 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 | 2023-09-22 |
| 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 | Avatar Property & Casualty Insurance Company |
| Docket Date | 2023-08-30 |
| Type | Order |
| Subtype | Order on Agreed Extension of Time |
| Description | Recognizing Agreed Extension of Time ~ 30 DAYS TO 9/29/23 |
| Docket Date | 2023-08-30 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time - Answer Brief |
| Description | Notice of Agreed Extension - Answer Brief |
| On Behalf Of | Avatar Property & Casualty Insurance Company |
| Docket Date | 2023-07-31 |
| Type | Order |
| Subtype | Order on Agreed Extension of Time |
| Description | Recognizing Agreed Extension of Time ~ 30 DAYS TO 8/30/23 |
| Docket Date | 2023-07-31 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time - Answer Brief |
| Description | Notice of Agreed Extension - Answer Brief |
| On Behalf Of | Avatar Property & Casualty Insurance Company |
| Docket Date | 2023-07-26 |
| Type | Response |
| Subtype | Response |
| Description | Response ~ TO MOTION FOR AN AWARD OF APPELLATEATTORNEYS' FEES |
| On Behalf Of | Avatar Property & Casualty Insurance Company |
| Docket Date | 2023-07-20 |
| Type | Motions Relating to Attorney Fees/Costs |
| Subtype | Motion For Attorney's Fees |
| Description | Motion For Attorney's Fees |
| On Behalf Of | Hally Finell |
| Docket Date | 2023-06-29 |
| Type | Brief |
| Subtype | Initial Brief |
| Description | Initial Brief on Merits |
| On Behalf Of | Hally Finell |
| Docket Date | 2023-06-12 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time - Initial Brief |
| Description | Notice of Agreed Extension - Initial Brief |
| On Behalf Of | Hally Finell |
| Docket Date | 2023-06-12 |
| Type | Order |
| Subtype | Order on Agreed Extension of Time |
| Description | Recognizing Agreed Extension of Time ~ 15 DAYS TO 6/29/23 |
| Docket Date | 2023-05-30 |
| Type | Order |
| Subtype | Order on Agreed Extension of Time |
| Description | Recognizing Agreed Extension of Time ~ 15 DAYS TO 6/14/23 |
| Docket Date | 2023-05-30 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time - Initial Brief |
| Description | Notice of Agreed Extension - Initial Brief |
| On Behalf Of | Hally Finell |
| Docket Date | 2023-04-27 |
| Type | Order |
| Subtype | Order Vacating/Withdrawing Order |
| Description | ORD-Amended Order ~ ORDERED that this court's April 24, 2023 order is amended as follows: Upon consideration of Avatar Property & Casualty Company's March 21, 2022 notice of filing, appellant Hally Finell's March 28, 2022 response, Avatar Property & Casualty Company's October 20, 2022 status report, appellant Hally Finell’s October 31, 2022 response, Florida Insurance Guaranty Association's January 31 and February 7, 2023 response and amended response, respectively, Avatar Property & Casualty Company's February 6, 2023 response, Hally Finell's February 10, 2023 response, and Florida Insurance Guaranty Association's April 17, 2023 response, it is ORDERED that the stay entered on April 5, 2022, is lifted and the above-styled appeal shall proceed. Further, ORDERED that appellant’s request to substitute Florida Insurance Guaranty Association as the appellee contained in the March 28, 2022 response is granted. Florida Insurance Guaranty Association is substituted as the appellee. 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. |
| Docket Date | 2023-04-24 |
| Type | Order |
| Subtype | Order on Motion For Substitution of Parties |
| Description | ORD-Allowing Substitution of Parties ~ Upon consideration of Avatar Property & Casualty Company's March 21, 2022 notice of filing, appellant Hally Finell's March 28, 2022 response, Avatar Property & Casualty Company's October 20, 2022 status report, appellant Hally Finell’s October 31, 2022 response, Florida Insurance Guaranty Association's January 31 and February 7, 2023 response and amended response, respectively, Avatar Property & Casualty Company's February 6, 2023 response, Hally Finell's February 10, 2023 response, and Florida Insurance Guaranty Association's April 17, 2023 response, it isORDERED that the stay entered on April 5, 2022, is lifted and the above-styled appeal shall proceed. Further,ORDERED that appellant’s request to substitute Florida Insurance Guaranty Association as the appellee contained in the March 28, 2022 response is granted. Florida Insurance Guaranty Association is substituted as the appellee and shall serve the answer brief within thirty (30) days from the date of this order. In addition, if the answer 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. |
| Docket Date | 2023-04-17 |
| Type | Response |
| Subtype | Response |
| Description | Response |
| On Behalf Of | Avatar Property & Casualty Insurance Company |
| Docket Date | 2023-02-16 |
| Type | Order |
| Subtype | Order to File Response |
| Description | ORD-To File Response ~ Upon consideration of Florida Insurance Guaranty Association, Inc.'s January 31 and February 7, 2023 response and amended response, respectively, as well as Avatar Property & Casualty Company's February 6, 2023 response and Hally Finell's February 10, 2023 response, it is ORDERED that Florida Insurance Guaranty Association is directed to respond within sixty (60) days from the date of this order as to whether it concedes the underlying claim in this matter is a covered claim pursuant to section 631.54(4), Florida Statutes (2022), and whether it concedes an obligation to defend the underlying claim in this matter. |
| Docket Date | 2023-02-10 |
| Type | Response |
| Subtype | Reply to Response |
| Description | Reply to Response |
| On Behalf Of | Hally Finell |
| Docket Date | 2023-02-07 |
| Type | Misc. Events |
| Subtype | Status Report |
| Description | Status Report |
| On Behalf Of | Avatar Property & Casualty Insurance Company |
| Docket Date | 2023-02-06 |
| Type | Misc. Events |
| Subtype | Status Report |
| Description | Status Report |
| On Behalf Of | Avatar Property & Casualty Insurance Company |
| Docket Date | 2023-02-06 |
| Type | Response |
| Subtype | Response |
| Description | Response |
| On Behalf Of | Avatar Property & Casualty Insurance Company |
| Docket Date | 2023-02-02 |
| Type | Order |
| Subtype | Order to File Response |
| Description | ORD-To File Response ~ ORDERED that the parties are directed to respond, within ten (10) days from the date of this order, to the January 31, 2023 response. |
| Docket Date | 2023-01-31 |
| Type | Response |
| Subtype | Response |
| Description | Response ~ NOTICE OF NON-PARTY FLORIDA INSURANCE GUARANTY ASSOCIATION,INC.'S RESPONSE TO DECEMBER 22, 2022 ORDER |
| On Behalf Of | Avatar Property & Casualty Insurance Company |
| Docket Date | 2022-12-22 |
| Type | Order |
| Subtype | Order to File Response |
| Description | ORD-To File Response ~ Upon consideration of appellee's March 21, 2022 notice of filing, appellant's March 28, 2022 response, appellee's October 20, 2022 status report, and appellant’s October 31, 2022 response, it is ORDERED that Florida Insurance Guaranty Association is directed to respond within thirty (30) days from the date of this order as to whether it concedes the underlying claim in this matter is a covered claim pursuant to section 631.54(4), Florida Statutes (2022), and whether it concedes an obligation to defend the underlying claim in this matter. |
| Docket Date | 2022-11-15 |
| Type | Order |
| Subtype | Order to File Response |
| Description | ORD-To File Response ~ Upon consideration of appellee's March 21, 2022 notice of filing, appellant's March 28, 2022 response, appellee's October 20, 2022 status report, and appellant’s October 31, 2022 response, it is ORDERED that Florida Insurance Guaranty Association is directed to respond within thirty (30) days from the date of this order as to whether it concedes the underlying claim in this matter is a covered claim pursuant to section 631.54(4), Florida Statutes (2022), and whether it concedes an obligation to defend the underlying claim in this matter. |
| Docket Date | 2022-10-31 |
| Type | Response |
| Subtype | Response |
| Description | Response |
| On Behalf Of | Hally Finell |
| Docket Date | 2022-10-21 |
| Type | Order |
| Subtype | Order to File Response |
| Description | ORD-Appellant to File Response ~ ORDERED that appellant is directed to respond, within ten (10) days from the date of this order, to appellee’s October 20, 2022 status report. |
| Docket Date | 2022-10-20 |
| Type | Misc. Events |
| Subtype | Status Report |
| Description | Status Report |
| On Behalf Of | Avatar Property & Casualty Insurance Company |
| Docket Date | 2022-10-10 |
| Type | Order |
| Subtype | Order to File Status Report |
| Description | Order to File Status Report ~ ORDERED that appellee is directed to file a status report, within ten (10) days from the date of this order. |
| Docket Date | 2022-04-05 |
| Type | Order |
| Subtype | Order re Stay |
| Description | ORD-Case Stayed ~ Upon consideration of appellee’s March 21, 2022 notice and appellant’s March 28, 2022 response, it is ORDERED that this appeal is stayed for six (6) months from the date of this order. §§ 631.041(1)(a), 631.67, Fla. Stats. (2021). Further, ORDERED that appellant’s March 28, 2022 request to substitute Florida Insurance Guaranty Association as the appellee is reserved. |
| Docket Date | 2022-03-28 |
| Type | Response |
| Subtype | Response |
| Description | Response |
| On Behalf Of | Hally Finell |
| Docket Date | 2022-03-23 |
| Type | Order |
| Subtype | Order to File Response |
| Description | ORD-Appellant to File Response ~ ORDERED that appellant is directed to respond, within five (5) days from the date of this order, to appellee’s March 21, 2022 notice of filing. |
| Docket Date | 2022-03-21 |
| Type | Notice |
| Subtype | Notice of Filing |
| Description | Notice of Filing |
| On Behalf Of | Avatar Property & Casualty Insurance Company |
| Docket Date | 2022-03-17 |
| Type | Record |
| Subtype | Record on Appeal |
| Description | Received Records ~ 2877 PAGES |
| On Behalf Of | Palm Beach Clerk |
| Docket Date | 2022-02-18 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| On Behalf Of | Avatar Property & Casualty Insurance Company |
| Docket Date | 2022-02-08 |
| Type | Misc. Events |
| Subtype | Case Filing Fee Paid through Portal |
| Description | Case Filing Fee Paid Through Portal |
| On Behalf Of | Hally Finell |
| Docket Date | 2022-02-08 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgment Letter |
| Docket Date | 2022-02-08 |
| 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 | 2022-02-08 |
| Type | Notice |
| Subtype | Notice of Appeal |
| Description | Notice of Appeal Filed |
| On Behalf Of | Hally Finell |
| Classification | NOA Final - Circuit Civil - Other |
| Court | 4th District Court of Appeal |
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County CACE19-025420 |
Parties
| Name | Raji Jinu |
| Role | Appellant |
| Status | Active |
| Name | Jinu Varghese |
| Role | Appellant |
| Status | Active |
| Representations | Jana Rauf |
| Name | AVATAR PROPERTY & CASUALTY INSURANCE COMPANY |
| Role | Appellee |
| Status | Active |
| Representations | Hinda Klein, Michael P. Rudd |
| Name | Hon. Michael A. Robinson |
| Role | Judge/Judicial Officer |
| Status | Active |
| Name | Clerk - Broward |
| Role | Lower Tribunal Clerk |
| Status | Active |
Docket Entries
| Docket Date | 2023-01-27 |
| Type | Record |
| Subtype | Returned Exhibits |
| Description | Returned Exhibits |
| Docket Date | 2022-02-24 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time - Initial Brief |
| Description | Notice of Agreed Extension - Initial Brief |
| On Behalf Of | Jinu Varghese |
| Docket Date | 2022-02-24 |
| Type | Order |
| Subtype | Order on Agreed Extension of Time |
| Description | Recognizing Agreed Extension of Time ~ 30 DAYS TO 03/23/2022 |
| Docket Date | 2022-02-21 |
| Type | Misc. Events |
| Subtype | Affidavit |
| Description | Affidavit ~ OF NON-PAYMENT OF APPEAL INVOICE |
| On Behalf Of | Clerk - Broward |
| Docket Date | 2022-12-23 |
| Type | Disposition by Order |
| Subtype | Dismissed |
| Description | Order Granting Voluntary Dismissal ~ Pursuant to the December 19, 2022 notice of voluntary dismissal, this case is dismissed. Further,ORDERED that Michael P. Rudd’s December 20, 2022 motion to withdraw as counsel 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.”). |
| Docket Date | 2022-12-23 |
| Type | Disposition |
| Subtype | Dismissed |
| Description | Dismissed - Order by Clerk |
| Docket Date | 2022-12-20 |
| Type | Motions Relating to Parties and Counsel |
| Subtype | Motion To Withdraw as Counsel |
| Description | Motion To Withdraw as Counsel ~ **STRICKEN** |
| On Behalf Of | Avatar Property & Casualty Insurance Company |
| Docket Date | 2022-12-19 |
| Type | Motions Other |
| Subtype | Motion/Notice Voluntary Dismissal |
| Description | Notice of Voluntary Dismissal |
| On Behalf Of | Jinu Varghese |
| Docket Date | 2022-12-19 |
| Type | Order |
| Subtype | Order on Motion For Leave To Intervene |
| Description | ORD-Leave to Intervene ~ ORDERED that Florida Insurance Guaranty Association's November 23, 2022 motion for limited intervention is granted, and Florida Insurance Guaranty Association shall file a brief statement addressing its status as a party to this appeal within five (5) days from the date of this order. |
| Docket Date | 2022-11-23 |
| Type | Motions Relating to Parties and Counsel |
| Subtype | Motion For Leave To Intervene |
| Description | Motion For Leave To Intervene ~ MOTION FOR LIMITED INTERVENTION |
| On Behalf Of | Avatar Property & Casualty Insurance Company |
| Docket Date | 2022-11-22 |
| Type | Motions Relating to Parties and Counsel |
| Subtype | Motion For Leave To Intervene |
| Description | Motion For Leave To Intervene ~ **STRICKEN** MOTION FOR LIMITED INTERVENTION |
| On Behalf Of | Avatar Property & Casualty Insurance Company |
| Docket Date | 2022-11-22 |
| Type | Order |
| Subtype | Order Striking Filing |
| Description | Stricken - No or Noncompliant Cert. of Service ~ ORDERED that Florida Insurance Guaranty Association's November 22, 2022 motion for limited intervention 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). |
| Docket Date | 2022-11-17 |
| Type | Order |
| Subtype | Order to File Response |
| Description | ORD-Appellee to File Response ~ ORDERED that appellee is directed to respond, within five (5) days from the date of this order, to this court’s November 1, 2022 order. |
| Docket Date | 2022-11-01 |
| Type | Order |
| Subtype | Order to File Status Report |
| Description | Order to File Status Report ~ ORDERED that appellee is directed to file a status report, within ten (10) days from the date of this order, regarding the progress being made toward the liquidation proceedings. |
| Docket Date | 2022-09-16 |
| Type | Response |
| Subtype | Response |
| Description | Response |
| On Behalf Of | Avatar Property & Casualty Insurance Company |
| Docket Date | 2022-09-15 |
| Type | Order |
| Subtype | Order Striking Filing |
| Description | Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellee's September 14, 2022 response 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. |
| Docket Date | 2022-09-14 |
| Type | Response |
| Subtype | Response |
| Description | Response to Order to Show Cause ~ **STRICKEN** |
| On Behalf Of | Avatar Property & Casualty Insurance Company |
| Docket Date | 2022-09-06 |
| Type | Order |
| Subtype | Order Vacating/Withdrawing Order |
| Description | ORD-Amended Order ~ ORDERED that this court's September 1, 2022 order is amended as follows: ORDERED that appellee is directed to show cause in writing, if any there be, within ten (10) days from the date of this order, why sanctions should not be imposed for failure to comply with this court's August 16, 2022 order requiring a status report as to the progress of the liquidation proceedings to be filed with this court. If the status report is filed within this ten (10) day period, this order to show cause will be considered automatically discharged without further order. |
| Docket Date | 2022-09-02 |
| Type | Response |
| Subtype | Response |
| Description | Response to Order to Show Cause |
| On Behalf Of | Jinu Varghese |
| Docket Date | 2022-09-01 |
| Type | Order |
| Subtype | Order to Show Cause |
| Description | Order to Show Cause ~ ORDERED that appellee 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 or other sanctions imposed for failure to comply with this court's August 16, 2022 order requiring a status report as to the progress of the liquidation proceedings to be filed with this court. If the status report is filed within this ten (10) day period, this order to show cause will be considered automatically discharged without further order. |
| Docket Date | 2022-08-16 |
| Type | Order |
| Subtype | Order to File Status Report |
| Description | Order to File Status Report ~ ORDERED that appellee is directed to file a status report, within ten (10) days from the date of this order, regarding the progress being made toward the liquidation proceedings. |
| Docket Date | 2022-06-10 |
| Type | Order |
| Subtype | Order re Stay |
| Description | ORD-Case Stayed ~ Upon consideration of the appellants' response to the court's May 23, 2022 order to show cause, it is ORDERED that the above-styled appeal is stayed pursuant to section 631.041, Florida Statutes (2021). Appellee shall file a status report as to the progress of the liquidation proceedings within sixty (60) days from the date of this order. |
| Docket Date | 2022-05-27 |
| Type | Response |
| Subtype | Response |
| Description | Response to Order to Show Cause |
| On Behalf Of | Jinu Varghese |
| Docket Date | 2022-05-23 |
| Type | Order |
| Subtype | Order to Show Cause |
| Description | Order to Show Cause ~ ORDERED that, upon consideration of the appellants’ May 16, 2022 filing, the parties shall show cause, within five (5) days from the date of this order, as to why this appeal should not be stayed pursuant to section 631.041(1), Florida Statutes (2021). |
| Docket Date | 2022-05-16 |
| Type | Notice |
| Subtype | Notice of Filing |
| Description | Notice of Filing ~ APPELLEE'S NOTICE OF FILING ORDER OF LIQUIDATION, ETC. WHICH WAS FILED IN THE LOWER COURT ON APRIL 25, 2022 |
| On Behalf Of | Jinu Varghese |
| Docket Date | 2022-03-23 |
| Type | Record |
| Subtype | Exhibits |
| Description | Received Exhibits ~ ONE ENVELOPE CONTAINING PLAINTIFF'S EXHIBIT 7- JURY TRIAL |
| On Behalf Of | Clerk - Broward |
| Docket Date | 2022-03-21 |
| Type | Record |
| Subtype | Record on Appeal |
| Description | Received Records ~ (663 PAGES) |
| On Behalf Of | Clerk - Broward |
| Docket Date | 2022-03-01 |
| 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 February 21, 2022, it is ORDERED that appellant shall file a report, within five (5) days from the date of this order, as to the status of the payment for and preparation of the record on appeal. |
| Docket Date | 2022-03-01 |
| Type | Misc. Events |
| Subtype | Status Report |
| Description | Status Report |
| On Behalf Of | Jinu Varghese |
| Docket Date | 2022-02-25 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time - Initial Brief |
| Description | Notice of Agreed Extension - Initial Brief |
| On Behalf Of | Jinu Varghese |
| Docket Date | 2022-02-25 |
| Type | Order |
| Subtype | Order on Agreed Extension of Time |
| Description | Recognizing Agreed Extension of Time ~ TO 05/20/2022 |
| Docket Date | 2021-12-16 |
| Type | Misc. Events |
| Subtype | Case Filing Fee Paid through Portal |
| Description | Case Filing Fee Paid Through Portal |
| On Behalf Of | Jinu Varghese |
| Docket Date | 2021-12-15 |
| 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 | 2021-12-15 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgment Letter |
| Docket Date | 2021-12-14 |
| Type | Notice |
| Subtype | Notice of Appeal |
| Description | Notice of Appeal Filed |
| On Behalf Of | Jinu Varghese |
| Docket Date | 2021-12-14 |
| Type | Misc. Events |
| Subtype | Fee Status |
| Description | FP:Fee Paid Through Portal |
| Classification | Original Proceedings - Circuit Civil - Prohibition |
| Court | 2nd District Court of Appeal |
| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Collier County 2020-CA-2749 |
Parties
| Name | FINCH LAW FIRM |
| Role | Petitioner |
| Status | Active |
| Name | ALEX FINCH |
| Role | Petitioner |
| Status | Active |
| Representations | ALEX FINCH, ESQ. |
| Name | FROMANG & FINCH, P.A. |
| Role | Petitioner |
| Status | Active |
| Name | MARIO MARRERO |
| Role | Respondent |
| Status | Active |
| Name | AVATAR PROPERTY & CASUALTY INSURANCE COMPANY |
| Role | Respondent |
| Status | Active |
| Name | ELVA L. MARRERO |
| Role | Respondent |
| Status | Active |
| Name | MASSEY CONSTRUCTION GROUP , INC. |
| Role | Respondent |
| Status | Active |
| Representations | ERIN M. BERGER, ESQ., LEVI WILKES, ESQ., MELISSA A. GIASI, ESQ., PETER A. DIAMOND, ESQ., SUSAN Z. AYERS, ESQ. |
| Name | HONORABLE ELIZABETH V. KRIER |
| Role | Judge/Judicial Officer |
| Status | Active |
| Name | COLLIER CLERK |
| Role | Lower Tribunal Clerk |
| Status | Active |
Docket Entries
| Docket Date | 2022-01-10 |
| Type | Misc. Events |
| Subtype | Case Closed |
| Description | Case Closed |
| Docket Date | 2021-12-20 |
| Type | Disposition by Order |
| Subtype | Denied |
| Description | denial of prohibition ~ The petition for writ of certiorari, prohibition, and mandamus is denied. The stayof any proceedings related to petitioners’ enforcement of their charging lien in theunderlying matter imposed by this court’s August 12, 2021, order is hereby lifted. |
| Docket Date | 2021-12-20 |
| Type | Disposition |
| Subtype | Denied |
| Description | Denied - Order by Judge ~ NORTHCUTT, KELLY, and BLACK |
| Docket Date | 2021-09-15 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| On Behalf Of | MASSEY CONSTRUCTION GROUP, INC. |
| Docket Date | 2021-08-12 |
| Type | Order |
| Subtype | Order |
| Description | MISCELLANEOUS ORDER ~ Petitioners filed a petition for writ of certiorari/prohibition/mandamus after the Honorable Elizabeth V. Krier entered an order denying petitioners' motion to disqualify and seek a writ prohibiting Judge Krier from presiding further in the underlying matter. This court sua sponte stays this writ proceeding pending disposition of the related writ proceeding in Finch v. Massey Construction Group, Inc., No. 2D21-2413, in which petitioners raise the same arguments for Judge Krier's recusal and seek the same relief. This order shall not constitute a stay of the proceedings in the underlying matter, except that any proceedings related to petitioners’ enforcement of their charging lien are stayed. Petitioners shall file a status report, referencing the present order, upon the receipt of an opinion disposing of case 2D21-2413 or within 90 days of the date of the present order, whichever occurs earlier. |
| Docket Date | 2021-08-10 |
| Type | Record |
| Subtype | Appendix |
| Description | ORIGINAL APPENDIX OR ATTACHMENT ~ PETITIONERS' APPENDIX TO PETITION FORWRIT OF CERTIORARI, PROHIBITION AND MANDAMUS |
| On Behalf Of | ALEX FINCH |
| Docket Date | 2021-08-09 |
| Type | Misc. Events |
| Subtype | Fee Status |
| Description | FP:Fee Paid Through Portal |
| Docket Date | 2021-08-09 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgment Letter 1 |
| Docket Date | 2021-08-09 |
| Type | Petition |
| Subtype | Petition Prohibition |
| Description | Petition Prohibition |
| On Behalf Of | ALEX FINCH |
| Classification | NOA Final - Circuit Civil - Other |
| Court | 2nd District Court of Appeal |
| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Lee County 18-CA-5098 |
Parties
| Name | MELANIE YVAIN |
| Role | Appellant |
| Status | Active |
| Name | MARLIN CONSTRUCTION GROUP, L L C |
| Role | Appellant |
| Status | Active |
| Representations | MARK A. DOMBROSKY, ESQ., ANDREW LEE SMITH, ESQ. |
| Name | ANN WRIGHT |
| Role | Appellant |
| Status | Active |
| Name | AVATAR PROPERTY & CASUALTY INSURANCE COMPANY |
| Role | Appellee |
| Status | Active |
| Representations | PAULO R. LIMA, ESQ., ELIZABETH K. RUSSO, ESQ., BRIAN A. HOHMAN, ESQ. |
| Name | HON. MICHAEL T. MC HUGH |
| Role | Judge/Judicial Officer |
| Status | Active |
| Name | LEE CLERK |
| Role | Lower Tribunal Clerk |
| Status | Active |
Docket Entries
| Docket Date | 2021-11-02 |
| Type | Disposition |
| Subtype | Dismissed |
| Description | Dismissed - Order by Clerk |
| Docket Date | 2021-11-02 |
| Type | Misc. Events |
| Subtype | Case Closed |
| Description | Case Closed |
| Docket Date | 2021-11-02 |
| Type | Disposition by Order |
| Subtype | Dismissed |
| Description | ORDER GRANTING VOLUNTARY DISMISSAL ~ Pursuant to the notice of voluntary dismissal filed herein, this appeal is dismissed. |
| Docket Date | 2021-11-01 |
| Type | Motions Other |
| Subtype | Motion/Notice Voluntary Dismissal |
| Description | Notice of Voluntary Dismissal ~ VOLUNTARY NOTICE OF DISMISSAL WITH PREJUDICE |
| On Behalf Of | MARLIN CONSTRUCTION GROUP, L L C |
| Docket Date | 2021-08-23 |
| Type | Misc. Events |
| Subtype | Status Report |
| Description | Status Report ~ NOTICE OF INABILITY TO TRANSMIT THE RECORD |
| On Behalf Of | LEE CLERK |
| Docket Date | 2021-06-30 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance ~ NOTICE OF APPEARANCE |
| On Behalf Of | AVATAR PROPERTY & CASUALTY INSURANCE COMPANY |
| Docket Date | 2021-06-29 |
| Type | Misc. Events |
| Subtype | Case Filing Fee Paid through Portal |
| Description | Case Filing Fee Paid through Portal |
| On Behalf Of | MARLIN CONSTRUCTION GROUP, L L C |
| Docket Date | 2021-06-29 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgment Letter 1 |
| Docket Date | 2021-06-29 |
| 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 | 2021-06-29 |
| Type | Notice |
| Subtype | Notice of Appeal |
| Description | Notice of Appeal Filed ~ W/ORDER APPEALED |
| On Behalf Of | MARLIN CONSTRUCTION GROUP, L L C |
| Docket Date | 2021-09-27 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time |
| Description | Stipulation for Extension of Time ~ SECOND NOTICE OF AGREED EXTENSION OF TIME TO SERVE INITIAL BRIEF//30 - IB DUE 11/1/21 |
| On Behalf Of | MARLIN CONSTRUCTION GROUP, L L C |
| Docket Date | 2021-08-30 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time |
| Description | Stipulation for Extension of Time ~ 30 - IB DUE 10/1/21 |
| On Behalf Of | MARLIN CONSTRUCTION GROUP, L L C |
| Docket Date | 2021-08-30 |
| Type | Record |
| Subtype | Record on Appeal |
| Description | Received Records ~ MCHUGH - REDACTED - 1192 PAGES |
| Classification | NOA Final - Circuit Civil - Other |
| Court | 4th District Court of Appeal |
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County 502017CA004244XXXXMB |
Parties
| Name | Theresa Gromann |
| Role | Appellant |
| Status | Active |
| Representations | Jared Margulis, Monique Ann Low |
| Name | AVATAR PROPERTY & CASUALTY INSURANCE COMPANY |
| Role | Appellee |
| Status | Active |
| Representations | Brian Andrew Hohman, Elizabeth K. Russo, Paulo Roberto Lima |
| Name | Hon. John S. Kastrenakes |
| Role | Judge/Judicial Officer |
| Status | Active |
| Name | Clerk - Palm Beach |
| Role | Lower Tribunal Clerk |
| Status | Active |
Docket Entries
| Docket Date | 2022-08-26 |
| Type | Mandate |
| Subtype | Mandate |
| Description | Mandate |
| Docket Date | 2022-08-26 |
| Type | Misc. Events |
| Subtype | West Publishing |
| Description | West Publishing |
| Docket Date | 2022-08-10 |
| Type | Disposition by Opinion |
| Subtype | Reversed |
| Description | Reversed - Authored Opinion |
| Docket Date | 2022-01-20 |
| Type | Brief |
| Subtype | Reply Brief |
| Description | Appellant's Reply Brief |
| On Behalf Of | Theresa Gromann |
| Docket Date | 2021-12-22 |
| Type | Brief |
| Subtype | Answer Brief |
| Description | Appellee's Answer Brief |
| On Behalf Of | Avatar Property & Casualty Insurance Company |
| Docket Date | 2021-11-22 |
| Type | Brief |
| Subtype | Initial Brief |
| Description | Initial Brief on Merits |
| On Behalf Of | Theresa Gromann |
| Docket Date | 2021-08-16 |
| Type | Order |
| Subtype | Order on Agreed Extension of Time |
| Description | Recognizing Agreed Extension of Time ~ 90 DAYS TO 11/22/21 |
| Docket Date | 2021-08-16 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time - Initial Brief |
| Description | Notice of Agreed Extension - Initial Brief |
| On Behalf Of | Theresa Gromann |
| Docket Date | 2021-07-27 |
| Type | Record |
| Subtype | Record on Appeal |
| Description | Received Records ~ 2576 PAGES |
| On Behalf Of | Clerk - Palm Beach |
| Docket Date | 2021-06-17 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| On Behalf Of | Avatar Property & Casualty Insurance Company |
| Docket Date | 2021-06-16 |
| Type | Misc. Events |
| Subtype | Fee Status |
| Description | FP:Fee Paid Through Portal |
| On Behalf Of | Theresa Gromann |
| Docket Date | 2021-06-16 |
| 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 | 2021-06-16 |
| Type | Notice |
| Subtype | Notice of Appeal |
| Description | Notice of Appeal Filed |
| On Behalf Of | Theresa Gromann |
| Docket Date | 2021-06-16 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgment Letter |
| Classification | NOA Final - Circuit Civil - Other |
| Court | 3rd District Court of Appeal |
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County 18-8866 |
Parties
| Name | JUAN CARLOS SERRANO |
| Role | Appellant |
| Status | Active |
| Representations | RUZY BEHNEJAD |
| Name | AVATAR PROPERTY & CASUALTY INSURANCE COMPANY |
| Role | Appellee |
| Status | Active |
| Representations | MICHAEL P. RUDD |
| Name | HON. MARK BLUMSTEIN |
| Role | Judge/Judicial Officer |
| Status | Active |
| Name | Miami-Dade Clerk |
| Role | Lower Tribunal Clerk |
| Status | Active |
Docket Entries
| Docket Date | 2021-03-18 |
| Type | Misc. Events |
| Subtype | West Publishing |
| Description | West Publishing |
| Docket Date | 2021-03-18 |
| Type | Notice |
| Subtype | Voluntary Dismissal |
| Description | Voluntary Dismissal Recognized (OG33) ~ IT IS HEREBY ORDERED that Appellant’s Notice of Voluntary Dismissal is recognized by the Court, and this appeal from the Circuit Court for Miami-Dade County, Florida, is hereby dismissed. |
| Docket Date | 2021-03-18 |
| Type | Mandate |
| Subtype | Disp. w/o Mandate |
| Description | Disp w/o mandate |
| Docket Date | 2021-03-18 |
| Type | Disposition by Opinion |
| Subtype | Dismissed |
| Description | Dismissed - Order by Clerk |
| Docket Date | 2021-03-16 |
| Type | Motions Other |
| Subtype | Motion/Notice Voluntary Dismissal |
| Description | Notice of Voluntary Dismissal |
| On Behalf Of | JUAN CARLOS SERRANO |
| Docket Date | 2021-03-09 |
| Type | Notice |
| Subtype | Amended Notice of Appeal |
| Description | Amended Notice of Appeal |
| On Behalf Of | JUAN CARLOS SERRANO |
| Docket Date | 2021-03-04 |
| Type | Notice |
| Subtype | Notice of Appeal |
| Description | Notice of Appeal Filed ~ AMENDED NOA TO BE FILED REFLECTING CORRECT AA |
| On Behalf Of | JUAN CARLOS SERRANO |
| Docket Date | 2021-03-04 |
| Type | Misc. Events |
| Subtype | Fee Status |
| Description | A3:Paid In Full - $300 |
| Docket Date | 2021-03-04 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgment Letter ~ Acknowledgment of new case with attachments. **The $300 filing fee for an appeal is due. |
| Docket Date | 2021-03-04 |
| Type | Order |
| Subtype | Order on Filing Fee |
| Description | Order to pay filing fee-civil w/atty (OR14B) ~ This is to notify counsel for Appellant that the filing and prosecution of a notice of appeal in this Court is not acceptable without compliance with the Florida Rules of Appellate Procedure. Therefore, this appeal will be dismissed unless the required three hundred dollar ($300.00) fee is paid to the Clerk of the Court on or before March 14, 2021. |
| Classification | NOA Final - County Civil - Other |
| Court | 4th District Court of Appeal |
| Originating Court |
County Court for the Fifteenth Judicial Circuit, Palm Beach County 502018CC004631 |
Parties
| Name | Miozoti Huertas |
| Role | Appellant |
| Status | Active |
| Name | Marco Huertas |
| Role | Appellant |
| Status | Active |
| Representations | Jaunet Spellman |
| Name | AVATAR PROPERTY & CASUALTY INSURANCE COMPANY |
| Role | Appellee |
| Status | Active |
| Representations | Brian Andrew Hohman, Paulo Roberto Lima, Elizabeth K. Russo |
| Name | Hon. Frank S. Castor |
| Role | Judge/Judicial Officer |
| Status | Active |
| Name | Clerk - Palm Beach |
| Role | Lower Tribunal Clerk |
| Status | Active |
Docket Entries
| Docket Date | 2022-03-14 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time |
| Description | Deny Extension of Time ~ ORDERED that appellants’ March 9, 2022 motion for extension of time to file a motion for attorney’s fees is denied, and the proposed motion for attorney’s fees is stricken from the docket. |
| Docket Date | 2022-03-09 |
| Type | Motions Relating to Attorney Fees/Costs |
| Subtype | Motion For Attorney's Fees |
| Description | Motion For Attorney's Fees ~ **STRICKEN****PROPOSED** |
| On Behalf Of | Marco Huertas |
| Docket Date | 2022-03-09 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| On Behalf Of | Marco Huertas |
| Docket Date | 2022-03-09 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time |
| Description | Motion for Extension of Time |
| On Behalf Of | Marco Huertas |
| Docket Date | 2022-03-09 |
| Type | Response |
| Subtype | Response |
| Description | Response |
| On Behalf Of | Avatar Property & Casualty Insurance Company |
| Docket Date | 2022-02-11 |
| Type | Misc. Events |
| Subtype | West Publishing |
| Description | West Publishing |
| Docket Date | 2022-02-11 |
| Type | Mandate |
| Subtype | Mandate |
| Description | Mandate |
| Docket Date | 2022-01-26 |
| Type | Disposition by Opinion |
| Subtype | Reversed |
| Description | Reversed - Authored Opinion |
| Docket Date | 2021-07-23 |
| Type | Brief |
| Subtype | Reply Brief |
| Description | Appellant's Reply Brief |
| On Behalf Of | Marco Huertas |
| Docket Date | 2021-07-08 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time - Reply Brief |
| Description | Notice of Agreed Extension - Reply Brief |
| On Behalf Of | Marco Huertas |
| Docket Date | 2021-07-08 |
| Type | Order |
| Subtype | Order on Agreed Extension of Time |
| Description | Recognizing Agreed Extension of Time ~ 15 DAYS TO 7/23/21. |
| Docket Date | 2021-06-09 |
| Type | Brief |
| Subtype | Answer Brief |
| Description | Appellee's Answer Brief |
| On Behalf Of | Avatar Property & Casualty Insurance Company |
| Docket Date | 2021-05-13 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| On Behalf Of | Avatar Property & Casualty Insurance Company |
| Docket Date | 2021-05-11 |
| Type | Brief |
| Subtype | Initial Brief |
| Description | Initial Brief on Merits |
| On Behalf Of | Marco Huertas |
| Docket Date | 2021-05-03 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| On Behalf Of | Avatar Property & Casualty Insurance Company |
| Docket Date | 2021-04-22 |
| Type | Record |
| Subtype | Record on Appeal |
| Description | Received Records ~ (1,636 PAGES) |
| On Behalf Of | Clerk - Palm Beach |
| Docket Date | 2021-03-03 |
| 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, 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 | 2021-03-03 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgment Letter |
| Docket Date | 2021-03-03 |
| Type | Misc. Events |
| Subtype | Case Filing Fee Paid through Portal |
| Description | Case Filing Fee Paid Through Portal |
| On Behalf Of | Marco Huertas |
| Docket Date | 2021-03-02 |
| Type | Notice |
| Subtype | Notice of Appeal |
| Description | Notice of Appeal Filed |
| On Behalf Of | Marco Huertas |
| Docket Date | 2021-03-02 |
| Type | Misc. Events |
| Subtype | Fee Status |
| Description | FP:Fee Paid Through Portal |
| Classification | NOA Final - Circuit Civil - Other |
| Court | 5th District Court of Appeal |
| Originating Court |
Circuit Court for the Ninth Judicial Circuit, Orange County 2018-CA-000074-O |
Parties
| Name | AVATAR PROPERTY & CASUALTY INSURANCE COMPANY |
| Role | Appellant |
| Status | Active |
| Representations | George Compton-Craig |
| Name | ELEMENTS PROPERTY INSURANCE COMPANY |
| Role | Appellant |
| Status | Active |
| Name | DAVID NELSON CORPORATION |
| Role | Appellee |
| Status | Active |
| Representations | Matthew G. Struble, Christine M. Deis |
| Name | Hon. Reginald K. Whitehead |
| Role | Judge/Judicial Officer |
| Status | Active |
| Name | Orange Cty Circuit Ct Clerk |
| Role | Lower Tribunal Clerk |
| Status | Active |
Docket Entries
| Docket Date | 2021-09-27 |
| Type | Mandate |
| Subtype | Notice Memorandum |
| Description | Notice Memorandum |
| Docket Date | 2021-09-27 |
| Type | Record |
| Subtype | Returned Records |
| Description | Returned Records ~ NO RECORD E-FILED |
| Docket Date | 2021-09-08 |
| Type | Order |
| Subtype | Order on Motion For Attorney's Fees |
| Description | Grant Att Fees-Remand to JCC 60d fr Mand |
| Docket Date | 2021-08-12 |
| Type | Motions Relating to Attorney Fees/Costs |
| Subtype | Motion For Attorney's Fees |
| Description | Motion For Attorney's Fees |
| On Behalf Of | David Nelson |
| Docket Date | 2021-08-11 |
| Type | Disposition |
| Subtype | Dismissed |
| Description | Dismissed - Order by Clerk |
| Docket Date | 2021-08-11 |
| Type | Order |
| Subtype | Order on Motion/Notice Voluntary Dismissal (non-dispositive) |
| Description | Order Granting Voluntary Dismissal |
| Docket Date | 2021-08-10 |
| Type | Motions Other |
| Subtype | Motion/Notice Voluntary Dismissal |
| Description | Notice of Voluntary Dismissal |
| On Behalf Of | Avatar Property & Casualty Insurance Company |
| Docket Date | 2021-07-21 |
| Type | Order |
| Subtype | Order re Counsel |
| Description | ORD-Withdraw as Counsel ~ IB BY 8/23; MOT W/DRAW GRANTED; ATTY ROONEY AND ATTY TOPEL W/DRAWN; MOT EOT DENIED... |
| Docket Date | 2021-07-21 |
| Type | Motions Relating to Parties and Counsel |
| Subtype | Motion To Withdraw as Counsel |
| Description | Motion To Withdraw as Counsel ~ AMENDED |
| On Behalf Of | Avatar Property & Casualty Insurance Company |
| Docket Date | 2021-07-21 |
| Type | Brief |
| Subtype | Initial Brief |
| Description | Initial Brief on Merits |
| On Behalf Of | Avatar Property & Casualty Insurance Company |
| Docket Date | 2021-07-20 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| On Behalf Of | Avatar Property & Casualty Insurance Company |
| Docket Date | 2021-07-20 |
| Type | Motions Relating to Parties and Counsel |
| Subtype | Motion To Withdraw as Counsel |
| Description | Motion To Withdraw as Counsel ~ SEE AMENDED MOTION |
| On Behalf Of | Avatar Property & Casualty Insurance Company |
| Docket Date | 2021-07-19 |
| Type | Response |
| Subtype | Objection |
| Description | OBJECTION ~ TO MOT EOT |
| On Behalf Of | David Nelson |
| Docket Date | 2021-07-16 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to Serve Initial Brief |
| Description | Mot. for Extension of time to file Initial Brief ~ DENIED AS MOOT PER 7/21 ORDER |
| On Behalf Of | Avatar Property & Casualty Insurance Company |
| Docket Date | 2021-06-22 |
| Type | Response |
| Subtype | Objection |
| Description | OBJECTION ~ TO MOT EOT |
| On Behalf Of | David Nelson |
| Docket Date | 2021-06-22 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to Serve Initial Brief |
| Description | Order Grant EOT for Initial Brief ~ INITIAL BRF BY 7/19; ABSENT EXTENUATING CIRCUMSTANCES, ADDITIONAL EXTENSIONS OF TIME WILL BE DENIED. |
| Docket Date | 2021-06-15 |
| 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 | Avatar Property & Casualty Insurance Company |
| Docket Date | 2021-05-12 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time - Initial Brief |
| Description | Notice of Agreed Extension - Initial Brief ~ TO 6/18 |
| On Behalf Of | Avatar Property & Casualty Insurance Company |
| Docket Date | 2021-03-15 |
| Type | Record |
| Subtype | Record on Appeal |
| Description | Received Records ~ 2959 PAGES |
| On Behalf Of | Orange Cty Circuit Ct Clerk |
| Docket Date | 2021-03-10 |
| Type | Order |
| Subtype | Order Declining Referral to Mediation |
| Description | ORD- Declining Referral to Mediation ~ IB W/IN 70 DYS |
| Docket Date | 2021-03-08 |
| Type | Mediation |
| Subtype | Confidential Statement |
| Description | Confidential Statement ~ AA Carol M. Rooney 072990 |
| On Behalf Of | Avatar Property & Casualty Insurance Company |
| Docket Date | 2021-02-25 |
| Type | Mediation |
| Subtype | Confidential Statement |
| Description | Confidential Statement ~ AE Matthew G. Struble 0077092 |
| On Behalf Of | David Nelson |
| Docket Date | 2021-02-24 |
| Type | Order |
| Subtype | Mediation Letter to LT |
| Description | Mediation Letter to L.T. |
| Docket Date | 2021-02-24 |
| Type | Misc. Events |
| Subtype | Status Report |
| Description | Status Report |
| On Behalf Of | Avatar Property & Casualty Insurance Company |
| Docket Date | 2021-02-23 |
| Type | Misc. Events |
| Subtype | Case Filing Fee Paid through Portal |
| Description | CASE FILING FEE PAID THROUGH PORTAL |
| On Behalf Of | Avatar Property & Casualty Insurance Company |
| Docket Date | 2021-02-23 |
| Type | Order |
| Subtype | Order to Show Cause |
| Description | Order to Show Cause - Filing Fee ~ AA W/IN 10 DYS; DISCHARGED PER 2/24 ORDER |
| Docket Date | 2021-02-05 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| On Behalf Of | David Nelson |
| Docket Date | 2021-02-03 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| On Behalf Of | Avatar Property & Casualty Insurance Company |
| Docket Date | 2021-02-01 |
| Type | Notice |
| Subtype | Notice of Appeal |
| Description | Notice of Appeal Filed ~ FILED BELOW 01/26/21 |
| On Behalf Of | Avatar Property & Casualty Insurance Company |
| Docket Date | 2021-02-01 |
| Type | Order |
| Subtype | Abeyance Order |
| Description | ORD-Appeal held in abeyance |
| Docket Date | 2021-02-01 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgement Letter 1 |
| Docket Date | 2021-02-01 |
| Type | Misc. Events |
| Subtype | Fee Status |
| Description | FP:Fee Paid Through Portal |
| Classification | NOA Final - County Civil - Foreclosure/RealProperty/Mortgage |
| Court | 3rd District Court of Appeal |
| Originating Court |
County Court for the Eleventh Judicial Circuit, Miami-Dade County 19-8153 CC County Court for the Eleventh Judicial Circuit, Miami-Dade County 20-122 AP |
Parties
| Name | YESSICA ARBELO |
| Role | Appellant |
| Status | Active |
| Representations | Erin M. Berger, ORLANDO ROMERO, Melissa A. Giasi |
| Name | AVATAR PROPERTY & CASUALTY INSURANCE COMPANY |
| Role | Appellee |
| Status | Active |
| Representations | LISSETTE DE LA ROSA, Paulo R. Lima, Elizabeth K. Russo |
| Name | Hon. Michael G. Barket |
| Role | Judge/Judicial Officer |
| Status | Active |
| Name | Miami-Dade Clerk |
| Role | Lower Tribunal Clerk |
| Status | Active |
Docket Entries
| Docket Date | 2021-02-24 |
| Type | Motions Other |
| Subtype | Motion To Dismiss |
| Description | Motion To Dismiss ~ APPELLEE'S MOTION TO DISMISS APPEALAS UNTIMELY |
| On Behalf Of | AVATAR PROPERTY & CASUALTY INSURANCE COMPANY |
| Docket Date | 2021-02-22 |
| Type | Order |
| Subtype | Order on Motion to Supplement Record |
| Description | Mot to Supplement Rec w/attachment Granted (OG13) ~ Appellee’s Agreed Motion to Supplement the Record, filed on February 19, 2021, is granted, and the record on appeal is supplemented to include the transcript filed separately. |
| Docket Date | 2021-03-26 |
| Type | Response |
| Subtype | Response |
| Description | RESPONSE ~ APPELLANT'S RESPONSE IN OPPOSITION TO APPELLEE'SMOTION TO DISMISS APPEAL AS UNTIMELY |
| On Behalf Of | YESSICA ARBELO |
| Docket Date | 2021-04-01 |
| Type | Motions Other |
| Subtype | Motion To Dismiss |
| Description | Motion to Dismiss Denied (OD32) ~ Upon consideration, Appellee's Motion to Dismiss Appeal asUntimely is denied. However, Appellant shall show cause within twenty-one (21) days from the date of this Order as to why this appeal should not be dismissed as a premature or unauthorized appeal of a non-final order. Appellee may file a reply within seven (7) days thereafter. |
| Docket Date | 2021-03-16 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to File Response |
| Description | Ext-granted to respond to motion (OG01A) ~ Appellant's Unopposed Motion for Extension of Time to file a response to Appellee's Motion to Dismiss Appeal is granted to and including ten (10) days from the date of this Order. |
| Docket Date | 2021-03-11 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to File Response |
| Description | Motion for Extension of Time to File Response |
| On Behalf Of | YESSICA ARBELO |
| Docket Date | 2021-06-11 |
| Type | Mandate |
| Subtype | Disp. w/o Mandate |
| Description | Disp w/o mandate |
| Docket Date | 2021-05-12 |
| Type | Order |
| Subtype | Order |
| Description | MISCELLANEOUS ORDER (OR999) ~ The Response and Reply to the Court's Order to Show Causeare noted.The parties agree that the order on appeal is neither a finalorder nor an appealable non-final order. Accordingly, the Initial Brief andAppendix pertaining thereto are stricken. Appellant seeks for this Court toconsider relief under an alternative basis. Without prejudging the propriety of such relief, Appellant may file, within thirty (30) days from the date of this Order, a petition and any accompanying appendix. Appellee shall respond within twenty-one (21) days thereafter. |
| Docket Date | 2021-06-11 |
| Type | Notice |
| Subtype | Voluntary Dismissal |
| Description | Voluntary Dismissal Recognized (OG33) ~ IT IS HEREBY ORDERED that the appellant’s “Notice of Voluntary Dismissal of Appeal Following Settlement” is recognized by the Court, and this appeal from the County Court for Miami-Dade County, Florida, is hereby dismissed. |
| Docket Date | 2021-06-11 |
| Type | Motions Other |
| Subtype | Motion/Notice Voluntary Dismissal |
| Description | Notice of Voluntary Dismissal ~ NOTICE OF VOLUNTARY DISMISSAL OF APPEALFOLLOWING SETTLEMENT |
| On Behalf Of | YESSICA ARBELO |
| Docket Date | 2021-06-11 |
| Type | Misc. Events |
| Subtype | West Publishing |
| Description | West Publishing |
| Docket Date | 2021-06-11 |
| Type | Disposition by Opinion |
| Subtype | Dismissed |
| Description | Dismissed - Order by Clerk |
| Docket Date | 2021-05-07 |
| Type | Response |
| Subtype | Reply |
| Description | REPLY ~ APPELLEE'S REPLY TO APPELLANT'S RESPONSETO ORDER TO SHOW CAUSE |
| On Behalf Of | AVATAR PROPERTY & CASUALTY INSURANCE COMPANY |
| Docket Date | 2021-05-03 |
| Type | Response |
| Subtype | Response |
| Description | RESPONSE ~ APPELLANT'S RESPONSE TO ORDER TO SHOW CAUSE |
| On Behalf Of | YESSICA ARBELO |
| Docket Date | 2021-04-26 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to File Response |
| Description | Ext-granted to respond to motion (OG01A) ~ Appellant’s Motion for Extension of Time to file a response to the Court’s April 1, 2021, Order to Show cause is granted to and including five (5) days from the date of this Order. |
| Docket Date | 2021-04-22 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to File Response |
| Description | Motion for Extension of Time to File Response |
| On Behalf Of | YESSICA ARBELO |
| Docket Date | 2021-02-19 |
| Type | Motions Relating to Records |
| Subtype | Motion to Supplement Record |
| Description | Motion to Supplement the Record |
| On Behalf Of | AVATAR PROPERTY & CASUALTY INSURANCE COMPANY |
| Docket Date | 2021-02-19 |
| Type | Record |
| Subtype | Supplemental Record |
| Description | Supplemental Records |
| On Behalf Of | AVATAR PROPERTY & CASUALTY INSURANCE COMPANY |
| Docket Date | 2021-02-18 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time |
| Description | Recognizing Agreed Extension of Time ~ AB-30 days to 03/24/2021 |
| Docket Date | 2021-02-18 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time |
| Description | Notice of Agreed Extension of Time |
| On Behalf Of | AVATAR PROPERTY & CASUALTY INSURANCE COMPANY |
| Docket Date | 2021-01-29 |
| Type | Notice |
| Subtype | Notice of Related Case or Issue |
| Description | Notice of Similar or Related Case |
| On Behalf Of | YESSICA ARBELO |
| Docket Date | 2021-01-27 |
| Type | Notice |
| Subtype | Notice of Related Case or Issue |
| Description | Notice of Similar or Related Case |
| On Behalf Of | AVATAR PROPERTY & CASUALTY INSURANCE COMPANY |
| Docket Date | 2021-01-26 |
| Type | Order |
| Subtype | Order on Motion to Supplement Record |
| Description | Mot to Supplement Rec w/attachment Granted (OG13) ~ Appellant’s Motion to Supplement the Record on Appeal, filed on January 22,2021, is granted, and the record on appeal is supplemented to include the transcript that is contained in the Appendix to the Initial Brief. |
| Docket Date | 2021-01-25 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| On Behalf Of | AVATAR PROPERTY & CASUALTY INSURANCE COMPANY |
| Docket Date | 2021-01-22 |
| Type | Brief |
| Subtype | Initial Brief |
| Description | Initial Brief on Merits ~ See order issued on 5-12-21. |
| On Behalf Of | YESSICA ARBELO |
| Docket Date | 2021-01-22 |
| Type | Motions Relating to Records |
| Subtype | Motion to Supplement Record |
| Description | Motion to Supplement the Record |
| On Behalf Of | YESSICA ARBELO |
| Docket Date | 2021-01-22 |
| Type | Record |
| Subtype | Appendix |
| Description | Appendix ~ See issued order issued on 5-12-21.APPENDIX TO INITIAL BRIEF OF APPELLANT |
| On Behalf Of | YESSICA ARBELO |
| Docket Date | 2021-01-19 |
| Type | Order |
| Subtype | Order on Motion to Transfer |
| Description | Order in Transferred Cases |
| Docket Date | 2021-01-11 |
| Type | Misc. Events |
| Subtype | Fee Status |
| Description | NF:Not Required |
| Docket Date | 2021-01-11 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgment Letter ~ Acknowledgment of new case letter with attachments. |
| Docket Date | 2021-01-11 |
| Type | Notice |
| Subtype | Circuit Court Appeal Documents |
| Description | Circuit Court Transfer Appeal Documents ~ ROA |
| On Behalf Of | AVATAR PROPERTY & CASUALTY INSURANCE COMPANY |
| Classification | NOA Final - County Civil - Other |
| Court | 4th District Court of Appeal |
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County 502017CC008966XXXXMB Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County 502019AB000063CAXXMB |
Parties
| Name | ALL DRY USA, LLC |
| Role | Appellant |
| Status | Active |
| Name | All Repair & Restoration, LLC |
| Role | Appellant |
| Status | Active |
| Representations | Jana Rauf |
| Name | Graciela Rosa |
| Role | Appellant |
| Status | Active |
| Name | AVATAR PROPERTY & CASUALTY INSURANCE COMPANY |
| Role | Appellee |
| Status | Active |
| Representations | Carol M. Rooney |
| Name | Hon. Edward A. Garrison |
| Role | Judge/Judicial Officer |
| Status | Active |
| Name | Clerk - Palm Beach |
| Role | Lower Tribunal Clerk |
| Status | Active |
Docket Entries
| Docket Date | 2021-09-24 |
| Type | Mandate |
| Subtype | Mandate |
| Description | Mandate |
| Docket Date | 2021-09-08 |
| Type | Order |
| Subtype | Order on Motion for Rehearing |
| Description | ORD-Denying Rehearing ~ ORDERED that appellant's August 30, 2021 motion for rehearing and certification is denied. |
| Docket Date | 2021-09-08 |
| Type | Misc. Events |
| Subtype | West Publishing |
| Description | West Publishing |
| Docket Date | 2021-09-01 |
| Type | Response |
| Subtype | Response |
| Description | Response |
| On Behalf Of | Avatar Property & Casualty Insurance Company |
| Docket Date | 2021-08-20 |
| Type | Order |
| Subtype | Order Striking Filing |
| Description | Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellant’s August 19, 2021 motion for rehearing and motion for certification 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). |
| Docket Date | 2021-08-20 |
| Type | Post-Disposition Motions |
| Subtype | Motion for Rehearing |
| Description | Motion For Rehearing |
| On Behalf Of | All Repair & Restoration, LLC |
| Docket Date | 2021-08-19 |
| Type | Post-Disposition Motions |
| Subtype | Motion for Rehearing |
| Description | Motion For Rehearing |
| On Behalf Of | All Repair & Restoration, LLC |
| Docket Date | 2021-08-05 |
| Type | Disposition by Opinion |
| Subtype | Affirmed |
| Description | Affirmed - Per Curiam Affirmed |
| Docket Date | 2021-04-29 |
| 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 | 2021-01-21 |
| Type | Notice |
| Subtype | Notice of Related Case or Issue |
| Description | Notice of Similar Case Pending |
| On Behalf Of | All Repair & Restoration, LLC |
| Docket Date | 2021-01-11 |
| Type | Motions Relating to Oral Argument |
| Subtype | Motion/Request for Oral Argument |
| Description | Request for Oral Argument |
| Docket Date | 2021-01-11 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to Serve Reply Brief |
| Description | Order Granting EOT for Appellant's Reply Brief ~ ORDERED that appellant's May 11, 2020 unopposed motion for extension of time to serve reply brief is granted. This court notes that the reply brief was filed May 26, 2020. |
| Docket Date | 2021-01-11 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgment Letter |
| Docket Date | 2021-01-08 |
| Type | Misc. Events |
| Subtype | Fee Status |
| Description | NF:Not Required |
| Docket Date | 2021-01-08 |
| Type | Record |
| Subtype | Record on Appeal |
| Description | Received Records |
| On Behalf Of | Clerk - Palm Beach |
| Docket Date | 2021-01-08 |
| Type | Notice |
| Subtype | Notice of Appeal |
| Description | Notice of Appeal Filed |
| On Behalf Of | All Repair & Restoration, LLC |
| Classification | NOA Final - County Civil - Other |
| Court | 5th District Court of Appeal |
| Originating Court |
County Court for the Ninth Judicial Circuit, Osceola County 2018-CC-000115 Circuit Court for the Ninth Judicial Circuit, Osceola County 2019-AP-25 |
Parties
| Name | Brent Reynolds |
| Role | Appellant |
| Status | Active |
| Representations | Mark A. Nation, Paul W. Pritchard |
| Name | Andrea Reynolds |
| Role | Appellant |
| Status | Active |
| Name | AVATAR PROPERTY & CASUALTY INSURANCE COMPANY |
| Role | Appellee |
| Status | Active |
| Representations | Carol M. Rooney |
| Name | Hon. Gabrielle Sanders-Morency |
| Role | Judge/Judicial Officer |
| Status | Active |
| Name | Clerk Osceola |
| Role | Lower Tribunal Clerk |
| Status | Active |
Docket Entries
| Docket Date | 2021-01-08 |
| Type | Motions Relating to Attorney Fees/Costs |
| Subtype | Motion For Attorney's Fees |
| Description | Motion For Fees and Cost ~ IN CONFIDENTIAL: FILED BELOW 3/3/20; DENIED PER 3/12 ORDER |
| On Behalf Of | Brent Reynolds |
| Docket Date | 2021-03-29 |
| Type | Mandate |
| Subtype | Notice Memorandum |
| Description | Notice Memorandum |
| Docket Date | 2021-03-29 |
| Type | Record |
| Subtype | Returned Records |
| Description | Returned Records ~ NO RECORD E-FILED |
| Docket Date | 2021-03-12 |
| Type | Order |
| Subtype | Order on Motion For Attorney's Fees |
| Description | Order Deny Attorney's Fees |
| Docket Date | 2021-03-10 |
| Type | Order |
| Subtype | Order on Motion/Notice Voluntary Dismissal (non-dispositive) |
| Description | Order Granting Voluntary Dismissal |
| Docket Date | 2021-03-10 |
| Type | Disposition |
| Subtype | Dismissed |
| Description | Dismissed - Order by Judge |
| Docket Date | 2021-03-09 |
| Type | Motions Other |
| Subtype | Motion/Notice Voluntary Dismissal |
| Description | Notice of Voluntary Dismissal ~ JT STIP |
| On Behalf Of | Brent Reynolds |
| Docket Date | 2021-01-29 |
| Type | Notice |
| Subtype | Notice of Related Case or Issue |
| Description | Notice of Related Case ~ 5D20-0198 |
| On Behalf Of | Brent Reynolds |
| Docket Date | 2021-01-19 |
| Type | Record |
| Subtype | Record on Appeal |
| Description | Received Records ~ 792 PAGES - CIRCUIT COURT RECORD: IB AND REQUEST FOR OA FILED 3/3/20; AB FILED 8/12/20; RB FILED 10/26/20; |
| On Behalf Of | Clerk Osceola |
| Docket Date | 2021-01-08 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgement Letter 1 |
| Docket Date | 2021-01-07 |
| Type | Misc. Events |
| Subtype | Fee Status |
| Description | NF:Not Required |
| On Behalf Of | Clerk Osceola |
| Docket Date | 2021-01-07 |
| Type | Notice |
| Subtype | Notice of Appeal |
| Description | Notice of Appeal Filed ~ FILED BELOW 09/27/2019 |
| On Behalf Of | Brent Reynolds |
| Classification | Original Proceedings - Circuit Civil - Certiorari |
| Court | 3rd District Court of Appeal |
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County 18-34230 |
Parties
| Name | AVATAR PROPERTY & CASUALTY INSURANCE COMPANY |
| Role | Appellant |
| Status | Active |
| Representations | Brian A. Hohman, CURT ALLEN, ADAM M. TOPEL |
| Name | GLADYS MITCHELL |
| Role | Appellee |
| Status | Active |
| Representations | Steven E. Gurian, ANTHONY M. LOPEZ, ANNETTE DEL AGUILA |
| Name | HON. ALAN FINE |
| Role | Judge/Judicial Officer |
| Status | Active |
| Name | Miami-Dade Clerk |
| Role | Lower Tribunal Clerk |
| Status | Active |
Docket Entries
| Docket Date | 2021-01-13 |
| Type | Motion |
| Subtype | Attorney's Fees |
| Description | Attorneys fees denied (OD47) ~ Upon consideration of Respondent's Motion for Entitlement to Attorney's Fees, it is ordered that said Motion is hereby denied. |
| Docket Date | 2020-12-08 |
| Type | Response |
| Subtype | Reply |
| Description | REPLY ~ AVATAR PROPERTY & CASUALTY INSURANCE COMPANY'SREPLY IN SUPPORT OF PETITION FOR WRIT OF CERTIORARI |
| On Behalf Of | AVATAR PROPERTY & CASUALTY INSURANCE COMPANY |
| Docket Date | 2021-03-12 |
| Type | Misc. Events |
| Subtype | West Publishing |
| Description | West Publishing |
| Docket Date | 2021-03-12 |
| Type | Mandate |
| Subtype | Mandate |
| Description | Mandate |
| Docket Date | 2021-02-12 |
| Type | Order |
| Subtype | Order on Motion to Certify |
| Description | Certification Denied (OD59) ~ Upon consideration, the respondent's Motion for Certification is denied. SCALES, HENDON and MILLER, JJ., concur. |
| Docket Date | 2021-02-05 |
| Type | Response |
| Subtype | Response |
| Description | RESPONSE ~ PETITIONER'S RESPONSE TO MOTION FOR CERTIFICATION |
| On Behalf Of | AVATAR PROPERTY & CASUALTY INSURANCE COMPANY |
| Docket Date | 2021-01-25 |
| Type | Motions Other |
| Subtype | Miscellaneous Motion |
| Description | Miscellaneous Motion ~ MOTION FOR CERTIFICATION |
| On Behalf Of | GLADYS MITCHELL |
| Docket Date | 2021-01-13 |
| Type | Disposition by Opinion |
| Subtype | Granted |
| Description | Granted - Authored Opinion ~ Order quashed. |
| Docket Date | 2020-11-24 |
| Type | Response |
| Subtype | Response |
| Description | RESPONSE ~ PETITIONER'S RESPONSE TO RESPONDENT'SMOTION FOR ENTITLEMENT TO ATTORNEY'S FEES |
| On Behalf Of | AVATAR PROPERTY & CASUALTY INSURANCE COMPANY |
| Docket Date | 2020-11-09 |
| Type | Response |
| Subtype | Response |
| Description | RESPONSE ~ RESPONSE TO PETITION FOR WRIT OF CERTIORARI |
| On Behalf Of | GLADYS MITCHELL |
| Docket Date | 2020-11-09 |
| Type | Motions Relating to Attorney Fees/Costs |
| Subtype | Motion For Attorney's Fees |
| Description | Motion For Attorney's Fees ~ RESPONDENT'S MOTION FOR ENTITLEMENT TO ATTORNEY'S FEES |
| On Behalf Of | GLADYS MITCHELL |
| Docket Date | 2020-11-02 |
| Type | Order |
| Subtype | Order |
| Description | MISCELLANEOUS ORDER (OR999) ~ The Notice of Confidential Information Within Court Filing, filed on October 29, 2020, is noted by the Court. SCALES, HENDON and MILLER, JJ., concur. |
| Docket Date | 2020-10-29 |
| Type | Motions Other |
| Subtype | Miscellaneous Motion |
| Description | Miscellaneous Motion Granted (OG999) ~ Petitioner's Motion to Determine Confidentiality of Court Records is granted. The contended privileged materials shall remain sealed pending further order of the Court. |
| Docket Date | 2020-10-29 |
| Type | Notice |
| Subtype | Notice |
| Description | Notice ~ NOTICE OF CONFIDENTIAL INFORMATION WITHIN COURT FILING |
| On Behalf Of | AVATAR PROPERTY & CASUALTY INSURANCE COMPANY |
| Docket Date | 2020-10-29 |
| Type | Record |
| Subtype | Appendix |
| Description | Appendix ~ AVATAR PROPERTY AND CASUALTY INSURANCE COMPANY'SCONFIDENTIAL SUPPLEMENTAL APPENDIX TOPETITION FOR WRIT OF CERTIORARI |
| On Behalf Of | AVATAR PROPERTY & CASUALTY INSURANCE COMPANY |
| Docket Date | 2020-10-26 |
| Type | Response |
| Subtype | Response |
| Description | RESPONSE ~ RESPONSE TO PETITIONER'S MOTION TO DETERMINE CONFIDENTIALITY OF COURT RECORDS |
| On Behalf Of | GLADYS MITCHELL |
| Docket Date | 2020-10-21 |
| Type | Order |
| Subtype | Order to File Response |
| Description | Order Response: Motion (OR23) ~ Respondent is ordered to file a response within five (5) days from the date of this Order to Petitioner's Motion to Determine Confidentiality of Court Records. Respondent is ordered to file a response within twenty (20) days from the date of this Order to the Petition for Writ of Certiorari. |
| Docket Date | 2020-10-20 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| On Behalf Of | AVATAR PROPERTY & CASUALTY INSURANCE COMPANY |
| Docket Date | 2020-10-19 |
| Type | Motions Other |
| Subtype | Motion to Determine Confidentiality |
| Description | Motion to Determine Confidentiality ~ PETITIONER'S MOTION TO DETERMINE CONFIDENTIALITY OF COURT RECORDS |
| On Behalf Of | AVATAR PROPERTY & CASUALTY INSURANCE COMPANY |
| Docket Date | 2020-10-19 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgment Letter ~ Acknowledgment of new case with attachments. |
| Docket Date | 2020-10-19 |
| Type | Record |
| Subtype | Appendix |
| Description | Appendix |
| On Behalf Of | AVATAR PROPERTY & CASUALTY INSURANCE COMPANY |
| Docket Date | 2020-10-19 |
| Type | Petition |
| Subtype | Petition Certiorari |
| Description | Petition for Certiorari Filed |
| On Behalf Of | AVATAR PROPERTY & CASUALTY INSURANCE COMPANY |
| Docket Date | 2020-10-19 |
| 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 Twentieth Judicial Circuit, Collier County 2018-CA-000727-0001-XX |
Parties
| Name | JENNY COLLINS |
| Role | Appellant |
| Status | Active |
| Name | MCBETH COLLINS |
| Role | Appellant |
| Status | Active |
| Representations | GEORGE A. VAKA, ESQ., NANCY A. LAUTEN, ESQ. |
| Name | AVATAR PROPERTY & CASUALTY INSURANCE COMPANY |
| Role | Appellee |
| Status | Active |
| Representations | BRIAN A. HOHMAN, ESQ., KELLY L. KUBIAK, ESQ., ELIZABETH K. RUSSO, ESQ., CURTIS ALLEN, ESQ., PAULO R. LIMA, ESQ. |
| Name | ELEMENTS PROPERTY INSURANCE COMPANY |
| Role | Appellee |
| Status | Active |
| Name | HONORABLE ELIZABETH V. KRIER |
| Role | Judge/Judicial Officer |
| Status | Active |
| Name | COLLIER CLERK |
| Role | Lower Tribunal Clerk |
| Status | Active |
Docket Entries
| Docket Date | 2020-10-12 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| On Behalf Of | AVATAR PROPERTY & CASUALTY INSURANCE COMPANY |
| Docket Date | 2020-09-24 |
| Type | Notice |
| Subtype | Notice of Appeal |
| Description | Notice of Appeal Filed ~ WITH ORDER |
| On Behalf Of | MCBETH COLLINS |
| Docket Date | 2020-09-24 |
| Type | Misc. Events |
| Subtype | Case Filing Fee Paid through Portal |
| Description | Case Filing Fee Paid through Portal |
| On Behalf Of | MCBETH COLLINS |
| Docket Date | 2020-09-24 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgment Letter 1 |
| Docket Date | 2020-09-24 |
| Type | Order |
| Subtype | Order on Filing Fee |
| Description | fee - civil; atty |
| Docket Date | 2021-11-30 |
| Type | Misc. Events |
| Subtype | West Publishing |
| Description | West Publishing |
| Docket Date | 2021-11-30 |
| Type | Mandate |
| Subtype | Mandate |
| Description | Mandate |
| Docket Date | 2021-11-12 |
| Type | Disposition by Opinion |
| Subtype | Reversed |
| Description | Reversed - Authored Opinion ~ and remanded. |
| Docket Date | 2021-11-12 |
| Type | Order |
| Subtype | Order |
| Description | Miscellaneous Order ~ Appellants' motion for appellate attorney's fees pursuant to section 627.428, Florida Statutes (2017), is granted in an amount to be determined by the trial court contingent upon the appellants ultimately prevailing below. |
| Docket Date | 2021-08-12 |
| Type | Notice |
| Subtype | Notice of Supplemental Authority |
| Description | Notice of Supplemental Authority ~ NOTICE OF SUPPLEMENTAL AUTHORITY |
| On Behalf Of | MCBETH COLLINS |
| Docket Date | 2021-08-10 |
| Type | Misc. Events |
| Subtype | Oral Argument Date Set |
| Description | Oral Argument Date Set ~ Tampa |
| Docket Date | 2021-06-25 |
| Type | Notice |
| Subtype | Notice of Supplemental Authority |
| Description | Notice of Supplemental Authority |
| On Behalf Of | MCBETH COLLINS |
| Docket Date | 2021-06-07 |
| Type | Order |
| Subtype | Order Re: Video Oral Argument |
| Description | OA Notice Video ~ This case is provisionally set for oral argument on TUESDAY, AUGUST 10, 2021, at 9:30 A.M., before: Judge Robert J. Morris, Jr., Judge Patricia J. Kelly, Judge Suzanne Labrit. To mitigate the impact of the COVID-19 outbreak while continuing with the orderly processing of cases, the oral argument will be conducted by video conference. The court calendars can be viewed on this court’s website at www.2dca.org. Counsel or parties are requested to sign in 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, the attorneys or parties will be notified by order no less than two weeks before the scheduled date. If this is a criminal proceeding where a victim, as defined in article I, section 16(e), Florida Constitution, has invoked their right to notice under article I, section 16(b)(6), the State is directed to provide the victim with notice of this oral argument and of any changes to 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.Within ten days from the date of this order, any attorney or party who will be presenting argument is requested to provide the Clerk of the Court with the email address where the video invitation should be sent and a telephone number. This information may be sent by email to 2dcaClerk@flcourts.org. The Clerk of the Court will provide each participant with connection instructions, including the opportunity for a test session, before the argument. |
| Docket Date | 2021-04-21 |
| Type | Brief |
| Subtype | Reply Brief |
| Description | Appellant Reply Brief |
| On Behalf Of | MCBETH COLLINS |
| Docket Date | 2021-03-19 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time |
| Description | Stipulation for Extension of Time ~ 30 - RB DUE 4/21/21 |
| On Behalf Of | MCBETH COLLINS |
| Docket Date | 2021-02-19 |
| Type | Brief |
| Subtype | Answer Brief |
| Description | Appellee Answer Brief |
| On Behalf Of | AVATAR PROPERTY & CASUALTY INSURANCE COMPANY |
| Docket Date | 2021-01-19 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time |
| Description | Stipulation for Extension of Time ~ 30 - AB DUE 2/20/21 |
| On Behalf Of | AVATAR PROPERTY & CASUALTY INSURANCE COMPANY |
| Docket Date | 2021-01-04 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| On Behalf Of | AVATAR PROPERTY & CASUALTY INSURANCE COMPANY |
| Docket Date | 2021-01-04 |
| Type | Response |
| Subtype | Response |
| Description | RESPONSE ~ TO APPELLANTS' MOTION FOR APPELLATE ATTORNEY'S FEES |
| On Behalf Of | AVATAR PROPERTY & CASUALTY INSURANCE COMPANY |
| Docket Date | 2020-12-22 |
| Type | Brief |
| Subtype | Initial Brief |
| Description | Initial Appellant Brief on Merits |
| On Behalf Of | MCBETH COLLINS |
| Docket Date | 2020-12-22 |
| Type | Motions Relating to Oral Argument |
| Subtype | Motion/Request for Oral Argument |
| Description | Request for Oral Argument |
| On Behalf Of | MCBETH COLLINS |
| Docket Date | 2020-12-22 |
| Type | Motions Relating to Attorney Fees/Costs |
| Subtype | Motion For Attorney's Fees |
| Description | Motion For Attorney's Fees |
| On Behalf Of | MCBETH COLLINS |
| Docket Date | 2020-11-25 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time |
| Description | Stipulation for Extension of Time ~ 30 - IB DUE 12/30/20 |
| On Behalf Of | MCBETH COLLINS |
| Docket Date | 2020-10-21 |
| Type | Record |
| Subtype | Record on Appeal |
| Description | Received Records ~ KRIER - 1072 PAGES |
| Classification | Original Proceedings - Circuit Civil - Certiorari |
| Court | 2nd District Court of Appeal |
| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Collier County 2019-CA-000165-001-XX |
Parties
| Name | AVATAR PROPERTY & CASUALTY INSURANCE COMPANY |
| Role | Petitioner |
| Status | Active |
| Representations | CAROL M. ROONEY, ESQ., ADAM M. TOPEL, ESQ. |
| Name | ERNESTO VALDES |
| Role | Respondent |
| Status | Active |
| Name | NIULSURYS FLORES |
| Role | Respondent |
| Status | Active |
| Representations | JACQUELINE MARCOTE DE MOYA, MANUEL ALVAREZ - JACINTO, ESQ. |
| Name | HON. LAUREN L. BRODIE |
| Role | Judge/Judicial Officer |
| Status | Active |
| Name | COLLIER CLERK |
| Role | Lower Tribunal Clerk |
| Status | Active |
Docket Entries
| Docket Date | 2021-05-10 |
| Type | Mandate |
| Subtype | Mandate |
| Description | Mandate |
| Docket Date | 2021-04-16 |
| Type | Disposition |
| Subtype | Granted |
| Description | Granted - Authored Opinion ~ ; order quashed. |
| Docket Date | 2021-04-16 |
| Type | Order |
| Subtype | Order |
| Description | Miscellaneous Order ~ Respondents' Motion for Attorneys' Fees and Costs is denied. |
| Docket Date | 2020-10-28 |
| Type | Response |
| Subtype | Reply |
| Description | REPLY ~ AVATAR PROPERTY AND CASUALTY INSURANCE COMPANY'S REPLY IN SUPPORT OF PETITION FOR WRIT OF CERTIORARI |
| On Behalf Of | AVATAR PROPERTY & CASUALTY INSURANCE COMPANY |
| Docket Date | 2020-10-15 |
| Type | Response |
| Subtype | Response |
| Description | RESPONSE ~ TO RESPONDENTS' MOTION FOR ATTORNEY'S FEES AND COSTS |
| On Behalf Of | AVATAR PROPERTY & CASUALTY INSURANCE COMPANY |
| Docket Date | 2020-09-30 |
| Type | Motions Relating to Attorney Fees/Costs |
| Subtype | Motion For Attorney's Fees |
| Description | Motion For Fees and Cost |
| On Behalf Of | NIULSURYS FLORES |
| Docket Date | 2020-09-30 |
| Type | Response |
| Subtype | Response |
| Description | RESPONSE ~ NIULSURYS FLORES AND ERNESTO VALDES' RESPONSE TO AVATAR PROPERTY AND CASUALTY INSURANCE COMPANY'S PETITION FOR WRIT OF CERTIORARI |
| On Behalf Of | NIULSURYS FLORES |
| Docket Date | 2020-09-30 |
| Type | Record |
| Subtype | Appendix to Response |
| Description | APPENDICES /ATTACHMENTS TO RESPONSE ~ APPENDIX TO NIULSURYS FLORES AND ERNESTO VALDES' RESPONSE TO AVATAR PROPERTY AND CASUALTY INSURANCE COMPANY'S PETITION FOR WRIT OF CERTIORARI |
| On Behalf Of | NIULSURYS FLORES |
| Docket Date | 2020-09-08 |
| Type | Record |
| Subtype | Supplemental Appendix |
| Description | SUPPLEMENTAL APPENDIX OR ATTACHMENT ~ ***located in IDCA Confidential Folder*** SUPPLEMENTAL CONFIDENTIAL APPENDIX TO AVATAR PROPERTY AND CASUALTY INSURANCE COMPANY'S PETITION FOR WRIT OF CERTIORARI |
| On Behalf Of | AVATAR PROPERTY & CASUALTY INSURANCE COMPANY |
| Docket Date | 2020-09-01 |
| Type | Order |
| Subtype | Order to Respond to Petition |
| Description | certiorari response - pretrial ~ Respondent shall serve a response to the petition for writ of certiorari within 30 days. Petitioner may serve a reply within 30 days thereafter. The parties shall keep this court apprised of all hearings or trial dates that may affect this proceeding. |
| Docket Date | 2020-08-27 |
| Type | Order |
| Subtype | Order |
| Description | Miscellaneous Order ~ The petitioners' motion to determine confidentiality of court records filed in conjunction with their petition for writ of certiorari is granted to the extent that the petitioner's supplemental appendix shall be kept confidential pending review of the petition because it is provisionally determined to contain privileged work product, i.e., the insurer's claims file. See Fla. R. Jud. Admin. 2.420(c)(8); Fla. R. Civ. P. 1.280(b)(4). The documents shall be filed within 10 days from the date of this order. The petitioners should, immediately prior to filing the documents, contact the court at 863-940-6060 to alert the clerk's office that a filing under seal is forthcoming. The petitioner shall combine a notice of confidential information within court filing with the document filed under seal and transmit these as a single document.The parties' names, this court's administrative file, and the court docket are determined not to be confidential. The court finds that no less restrictive measure is available to protect the confidentiality of these items and that the degree, duration, and manner of confidentiality ordered herein are no broader than necessary to protect such confidentiality.The clerk of this court shall seal the record pages identified above and keep them from public access. Only counsel for the petitioners, the judges of the court, the staff of the judges to which this case is assigned, and as necessary the court's clerical staff may view the materials determined as confidential by this order.It is further ordered that, within 10 days from the date of this order, the clerk shall post a copy of this order on the clerk's website for a period of 30 days to provide public notice. |
| Docket Date | 2020-08-19 |
| Type | Motions Other |
| Subtype | Motion to Determine Confidentiality |
| Description | Motion to Determine Confidentiality of Court Records ~ PETITIONER'S MOTION TO DETERMINE CONFIDENTIALITY OF COURT RECORDS |
| On Behalf Of | AVATAR PROPERTY & CASUALTY INSURANCE COMPANY |
| Docket Date | 2020-08-18 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgment Letter 1 |
| Docket Date | 2020-08-18 |
| Type | Notice |
| Subtype | Notice |
| Description | Notice ~ APPELLEE'S DESIGNATION OF E-MAIL ADDRESSES |
| On Behalf Of | NIULSURYS FLORES |
| Docket Date | 2020-08-17 |
| Type | Misc. Events |
| Subtype | Fee Status |
| Description | FP:Fee Paid Through Portal |
| Docket Date | 2020-08-17 |
| Type | Record |
| Subtype | Appendix |
| Description | ORIGINAL APPENDIX OR ATTACHMENT ~ **CONFIDENTIAL** |
| On Behalf Of | AVATAR PROPERTY & CASUALTY INSURANCE COMPANY |
| Docket Date | 2020-08-17 |
| Type | Petition |
| Subtype | Petition |
| Description | Petition Filed |
| On Behalf Of | AVATAR PROPERTY & CASUALTY INSURANCE COMPANY |
| Classification | Original Proceedings - Circuit Civil - Certiorari |
| Court | 2nd District Court of Appeal |
| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Lee County 2018-CA-004596 |
Parties
| Name | AVATAR PROPERTY & CASUALTY INSURANCE COMPANY |
| Role | Petitioner |
| Status | Active |
| Representations | BRIAN A. HOHMAN, ESQ., CURTIS ALLEN, ESQ. |
| Name | PABLO MEDINA |
| Role | Respondent |
| Status | Active |
| Representations | DANIEL A. BUSHELL, ESQ., DAVID S. FARBER, ESQ. |
| Name | HON. MICHAEL T. MC HUGH |
| Role | Judge/Judicial Officer |
| Status | Active |
| Name | LEE CLERK |
| Role | Lower Tribunal Clerk |
| Status | Active |
Docket Entries
| Docket Date | 2020-12-18 |
| Type | Misc. Events |
| Subtype | Case Closed |
| Description | Case Closed |
| Docket Date | 2020-11-25 |
| Type | Disposition |
| Subtype | Denied |
| Description | Denied - PC Denied |
| Docket Date | 2020-08-19 |
| Type | Response |
| Subtype | Reply |
| Description | REPLY ~ AVATAR PROPERTY AND CASUALTY INSURANCE COMPANY'S REPLY IN SUPPORT OF PETITION FOR WRIT OF CERTIORARI |
| On Behalf Of | AVATAR PROPERTY & CASUALTY INSURANCE COMPANY |
| Docket Date | 2020-08-05 |
| Type | Motions Relating to Attorney Fees/Costs |
| Subtype | Motion For Attorney's Fees |
| Description | Motion For Attorney's Fees ~ RESPONDENT'S MOTION FOR ATTORNEY'S FEES |
| On Behalf Of | PABLO MEDINA |
| Docket Date | 2020-07-20 |
| Type | Record |
| Subtype | Appendix to Response |
| Description | APPENDICES /ATTACHMENTS TO RESPONSE ~ APPENDIX TO RESPONSE TO PETITION FOR WRIT OF CERTIORARI |
| On Behalf Of | PABLO MEDINA |
| Docket Date | 2020-07-20 |
| Type | Response |
| Subtype | Response |
| Description | RESPONSE ~ RESPONSE TO PETITION FOR WRIT OF CERTIORARI |
| On Behalf Of | PABLO MEDINA |
| Docket Date | 2020-07-09 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| On Behalf Of | PABLO MEDINA |
| Docket Date | 2020-07-09 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to File Response |
| Description | grant eot for cert response ~ Respondent's motion for extension of time to serve the response is granted. The response shall be served within 10 days of this order. |
| Docket Date | 2020-07-09 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to File Response |
| Description | Motion Extension of time To File Response |
| On Behalf Of | PABLO MEDINA |
| Docket Date | 2020-06-15 |
| Type | Notice |
| Subtype | Notice |
| Description | Notice ~ PETITIONER'S NOTICE OF COMPLIANCE WITH JUNE 4, 2020 CONFIDENTIALITY ORDER |
| On Behalf Of | AVATAR PROPERTY & CASUALTY INSURANCE COMPANY |
| Docket Date | 2020-06-08 |
| Type | Order |
| Subtype | Order to Respond to Petition |
| Description | certiorari response - pretrial ~ Respondent shall serve a response to the petition for writ of certiorari within 30 days. Petitioner may serve a reply within 30 days thereafter. The parties shall keep this court apprised of all hearings or trial dates that may affect this proceeding. |
| Docket Date | 2020-05-22 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgment Letter 1 |
| Docket Date | 2020-05-22 |
| Type | Record |
| Subtype | Supplemental Appendix |
| Description | SUPPLEMENTAL APPENDIX OR ATTACHMENT ~ ***LOCATED IN IDCA CONFIDENTIAL FOLDER***AVATAR PROPERTY AND CASUALTY INSURANCE COMPANY'S CONFIDENTIAL SUPPLEMENTAL APPENDIX TO PETITION FOR WRIT OF CERTIORARI |
| On Behalf Of | AVATAR PROPERTY & CASUALTY INSURANCE COMPANY |
| Docket Date | 2020-05-22 |
| Type | Motions Other |
| Subtype | Motion to Determine Confidentiality |
| Description | Motion to Determine Confidentiality of Court Records ~ PETITIONER'S MOTION TO DETERMINE CONFIDENTIALITY OF COURT RECORDS |
| On Behalf Of | AVATAR PROPERTY & CASUALTY INSURANCE COMPANY |
| Docket Date | 2020-05-21 |
| Type | Misc. Events |
| Subtype | Fee Status |
| Description | FP:Fee Paid Through Portal |
| Docket Date | 2020-05-21 |
| Type | Petition |
| Subtype | Petition |
| Description | Petition Filed |
| On Behalf Of | AVATAR PROPERTY & CASUALTY INSURANCE COMPANY |
| Docket Date | 2020-05-21 |
| Type | Record |
| Subtype | Appendix |
| Description | ORIGINAL APPENDIX OR ATTACHMENT |
| On Behalf Of | AVATAR PROPERTY & CASUALTY INSURANCE COMPANY |
| Docket Date | 2020-11-25 |
| Type | Order |
| Subtype | Order |
| Description | Miscellaneous Order ~ Medina's motion for appellate attorney's fees pursuant to section 627.428(1), Florida Statutes (2019), is provisionally granted, contingent upon Medina's prevailing in the trial court in the underlying action. If Medina prevails, the trial court shall determine the reasonable amount of attorney's fees incurred by Medina in responding to this petition for writ of certiorari. Avatar Property & Casualty Insurance Company's response is noted. |
| Docket Date | 2020-06-04 |
| Type | Order |
| Subtype | Order on Motion to Determine Confidentiality |
| Description | ORD-GRANT. CONFIDENTIALITY ~ The petitioner's motion to determine confidentiality of court records filed in conjunction with its petition for writ of certiorari is granted to the extent that the claims file in petitioner's appendix shall be kept confidential pending review of the petition because it is provisionally determined to contain the insurer's privileged claims file work product. See Fla. R. Jud. Admin. 2.420(c)(9)(A)(ii); Seminole Cas. Ins. Co. v. Mastrominas, 6 So.3d 1256, 1258 (Fla. 2d DCA 2009) (holding that trial court departed from the requirements of the law by ordering Seminole to disclose materials in its claim file because the issue of coverage was in dispute and had not been determined). The documents shall be filed within 10 days from the date of this order. The petitioner should, immediately prior to filing the documents, contact the court at 863-940-6060 to alert the clerk's office that a filing under seal is forthcoming. The petitioner shall combine a notice of confidential information within court filing with the document filed under seal and transmit these as a single document.The parties' names, this court's administrative file, and the court docket are determined not to be confidential. The court finds that no less restrictive measure is available to protect the confidentiality of these items and that the degree, duration, and manner of confidentiality ordered herein are no broader than necessary to protect such confidentiality.The clerk of this court shall seal the record pages identified above and keep them from public access. Only counsel for the petitioner, the judges of the court, the staff of the judges to which this case is assigned, and as necessary the court's clerical staff may view the materials determined as confidential by this order.It is further ordered that, within 10 days from the date of this order, the clerk shall post a copy of this order on the clerk's website for a period of 30 days to provide public notice. |
| Classification | NOA Final - Circuit Civil - Other |
| Court | 2nd District Court of Appeal |
| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Collier County 2018-CA-000776-000 I-XX |
Parties
| Name | JESSICA AFFLECK |
| Role | Appellant |
| Status | Active |
| Representations | GABRIEL FERNANDEZ, ESQ., ANTHONY TINELLI, ESQ., ALAN S. FELDMAN, ESQ. |
| Name | AVATAR PROPERTY & CASUALTY INSURANCE COMPANY |
| Role | Appellee |
| Status | Active |
| Representations | CURTIS ALLEN, ESQ., ANTHONY J. RUSSO, ESQ., Mihaela Cabulea, Esq. |
| Name | HON. LAUREN L. BRODIE |
| Role | Judge/Judicial Officer |
| Status | Active |
| Name | COLLIER CLERK |
| Role | Lower Tribunal Clerk |
| Status | Active |
Docket Entries
| Docket Date | 2020-10-21 |
| Type | Record |
| Subtype | Supplemental Record |
| Description | Supplemental Records ~ 2ND SUPPLEMENTAL - REDACTED - 248 PAGES |
| Docket Date | 2020-10-19 |
| Type | Brief |
| Subtype | Initial Brief |
| Description | Initial Appellant Brief on Merits |
| On Behalf Of | JESSICA AFFLECK |
| Docket Date | 2020-10-14 |
| Type | Notice |
| Subtype | Notice |
| Description | Notice ~ OF COMPLIANCE WITH ORDER |
| On Behalf Of | JESSICA AFFLECK |
| Docket Date | 2020-10-13 |
| Type | Order |
| Subtype | Order on Motion to Supplement Record |
| Description | grant supp/short/explain procedure ~ Appellant’s motion to supplement the record is granted to the extent that the appellant shall make arrangements within three days with the clerk of circuit court for the supplementation of the record with the items mentioned in the motion, with the supplemental record to be filed in this court within twenty-five days from the date of this order.Because the record must be supplemented through the clerk of the lower tribunal as just described, the copies of the record materials attached to the motion to supplement will not be considered by this court. |
| Docket Date | 2020-10-12 |
| Type | Record |
| Subtype | Transcript |
| Description | Transcript Received ~ 120--pages |
| Docket Date | 2020-10-09 |
| Type | Motions Relating to Records |
| Subtype | Motion to Supplement Record |
| Description | Motion Supplem/Record with/Attached |
| On Behalf Of | JESSICA AFFLECK |
| Docket Date | 2020-10-05 |
| 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 October 19, 2020. |
| Docket Date | 2020-10-02 |
| 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 | JESSICA AFFLECK |
| Docket Date | 2020-08-31 |
| 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 October 5, 2020. |
| Docket Date | 2020-08-28 |
| 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 | JESSICA AFFLECK |
| Docket Date | 2020-07-28 |
| 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 September 14, 2020. |
| Docket Date | 2021-06-02 |
| Type | Misc. Events |
| Subtype | Case Closed |
| Description | Case Closed |
| Docket Date | 2021-06-02 |
| Type | Disposition by Order |
| Subtype | Dismissed |
| Description | ORDER GRANTING VOLUNTARY DISMISSAL ~ Pursuant to the notice of voluntary dismissal filed herein, this appeal is dismissed. |
| Docket Date | 2021-06-02 |
| Type | Disposition |
| Subtype | Dismissed |
| Description | Dismissed - Order by Clerk |
| Docket Date | 2021-06-01 |
| Type | Motions Other |
| Subtype | Motion/Notice Voluntary Dismissal |
| Description | Notice of Voluntary Dismissal |
| On Behalf Of | JESSICA AFFLECK |
| Docket Date | 2021-04-27 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to Serve Reply Brief |
| Description | ORDER GRANTING APPELLANT'S REPLY BRIEF ~ Appellant's motion for extension of time is granted, and the reply brief shall be served by June 1, 2021. |
| Docket Date | 2021-04-23 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to Serve Reply Brief |
| Description | Mot. for Extension of Time to File Reply Brief ~ APPELLANT'S SECOND UNOPPOSED MOTION FOR EXTENSIONOF TIME TO FILE REPLY BRIEF |
| On Behalf Of | JESSICA AFFLECK |
| Docket Date | 2021-03-31 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to Serve Reply Brief |
| Description | ORDER GRANTING APPELLANT'S REPLY BRIEF ~ Appellant's motion for extension of time is granted, and the reply brief shall be served by May 3, 2021. |
| Docket Date | 2021-03-30 |
| 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 | JESSICA AFFLECK |
| Docket Date | 2021-03-03 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| On Behalf Of | AVATAR PROPERTY & CASUALTY INSURANCE COMPANY |
| Docket Date | 2021-03-03 |
| Type | Brief |
| Subtype | Answer Brief |
| Description | Appellee Answer Brief |
| On Behalf Of | AVATAR PROPERTY & CASUALTY INSURANCE COMPANY |
| Docket Date | 2021-02-17 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to Serve Answer Brief |
| Description | ORDER GRANTING EOT FOR ANSWER BRIEF ~ Appellee's motion for extension of time is granted, and the answer brief shall be served by March 3, 2021. |
| Docket Date | 2021-02-16 |
| 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 | AVATAR PROPERTY & CASUALTY INSURANCE COMPANY |
| Docket Date | 2021-01-29 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time |
| Description | Stipulation for Extension of Time ~ 15 - AB DUE 2/16/21 LAST REQUEST |
| On Behalf Of | AVATAR PROPERTY & CASUALTY INSURANCE COMPANY |
| Docket Date | 2020-12-16 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time |
| Description | Stipulation for Extension of Time ~ 45 - AB DUE 2/1/21 |
| On Behalf Of | AVATAR PROPERTY & CASUALTY INSURANCE COMPANY |
| Docket Date | 2020-11-17 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time |
| Description | Stipulation for Extension of Time ~ 30 - AB DUE 12/18/20 |
| On Behalf Of | AVATAR PROPERTY & CASUALTY INSURANCE COMPANY |
| Docket Date | 2020-06-15 |
| Type | Record |
| Subtype | Transcript |
| Description | Transcript Received ~ 581 PAGES |
| Docket Date | 2020-06-12 |
| Type | Notice |
| Subtype | Notice of Filing |
| Description | Notice of Filing ~ APPELLANT'S SUPPLEMENT TO APPELLANT'S MOTION FOR EXTENSION OF TIME TO FILE INITIAL BRIEF AND APPELLANT'S MOTION TO SUPPLEMENT THE RECORD |
| On Behalf Of | JESSICA AFFLECK |
| Docket Date | 2020-06-10 |
| Type | Motions Relating to Records |
| Subtype | Motion to Supplement Record |
| Description | Motion to Supplement |
| On Behalf Of | JESSICA AFFLECK |
| Docket Date | 2020-06-10 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| On Behalf Of | JESSICA AFFLECK |
| Docket Date | 2020-06-10 |
| 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 | JESSICA AFFLECK |
| Docket Date | 2020-04-28 |
| Type | Record |
| Subtype | Record on Appeal |
| Description | Received Records ~ BRODIE - 2076 PAGES |
| Docket Date | 2020-04-24 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| On Behalf Of | AVATAR PROPERTY & CASUALTY INSURANCE COMPANY |
| Docket Date | 2020-04-06 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgment Letter 1 |
| Docket Date | 2020-04-06 |
| Type | Misc. Events |
| Subtype | Case Filing Fee Paid through Portal |
| Description | Case Filing Fee Paid through Portal |
| On Behalf Of | JESSICA AFFLECK |
| Docket Date | 2020-04-06 |
| Type | Notice |
| Subtype | Notice of Appeal |
| Description | Notice of Appeal Filed ~ WITH ORDER |
| On Behalf Of | JESSICA AFFLECK |
| Docket Date | 2020-04-06 |
| Type | Order |
| Subtype | Order on Filing Fee |
| Description | fee - civil; atty |
| Docket Date | 2020-07-27 |
| 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 | JESSICA AFFLECK |
| Docket Date | 2020-06-16 |
| 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 45 days from the date of this order. |
| Classification | NOA Final - Circuit Civil - Other |
| Court | 4th District Court of Appeal |
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County 502017CA011381 |
Parties
| Name | Samuel Vainberg |
| Role | Appellant |
| Status | Active |
| Representations | Warren Donald Diener, Erik Daniel Diener, John Henry Pelzer |
| Name | Lynn Vainberg |
| Role | Appellant |
| Status | Active |
| Name | AVATAR PROPERTY & CASUALTY INSURANCE COMPANY |
| Role | Appellee |
| Status | Active |
| Representations | Carol M. Rooney, Curt Allen |
| Name | Hon. Jaimie Goodman |
| Role | Judge/Judicial Officer |
| Status | Active |
| Name | Clerk - Palm Beach |
| Role | Lower Tribunal Clerk |
| Status | Active |
Docket Entries
| Docket Date | 2021-06-04 |
| Type | Mandate |
| Subtype | Mandate |
| Description | Mandate |
| Docket Date | 2021-06-04 |
| Type | Misc. Events |
| Subtype | West Publishing |
| Description | West Publishing |
| Docket Date | 2021-05-19 |
| Type | Disposition by Opinion |
| Subtype | Reversed |
| Description | Reversed - Authored Opinion |
| Docket Date | 2021-05-19 |
| Type | Order |
| Subtype | Order on Motion For Attorney's Fees |
| Description | Order Granting Attorney Fees-Prevailing ~ ORDERED that appellants’ May 14, 2020 motion for conditional award of attorney's 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 | 2020-10-23 |
| Type | Brief |
| Subtype | Reply Brief |
| Description | Appellant's Reply Brief |
| On Behalf Of | Samuel Vainberg |
| Docket Date | 2020-10-14 |
| Type | Order |
| Subtype | Order on Agreed Extension of Time |
| Description | Recognizing Agreed Extension of Time ~ 15 DAYS TO 11/02/2020 |
| Docket Date | 2020-10-14 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time - Reply Brief |
| Description | Notice of Agreed Extension - Reply Brief |
| On Behalf Of | Samuel Vainberg |
| Docket Date | 2020-09-16 |
| Type | Brief |
| Subtype | Answer Brief |
| Description | Appellee's Answer Brief |
| On Behalf Of | Avatar Property & Casualty Insurance Company |
| Docket Date | 2020-09-15 |
| 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 September 14, 2020 motion for extension of time is granted, and appellee shall serve the answer brief on or before September 16, 2020. 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 | 2020-09-14 |
| 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 | Avatar Property & Casualty Insurance Company |
| Docket Date | 2020-08-10 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time - Answer Brief |
| Description | Notice of Agreed Extension - Answer Brief |
| On Behalf Of | Avatar Property & Casualty Insurance Company |
| Docket Date | 2020-08-10 |
| Type | Order |
| Subtype | Order on Agreed Extension of Time |
| Description | Recognizing Agreed Extension of Time ~ 30 DAYS TO 09/14/2020 |
| Docket Date | 2020-07-07 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time - Answer Brief |
| Description | Notice of Agreed Extension - Answer Brief |
| On Behalf Of | Avatar Property & Casualty Insurance Company |
| Docket Date | 2020-07-07 |
| Type | Order |
| Subtype | Order on Agreed Extension of Time |
| Description | Recognizing Agreed Extension of Time ~ 30 DAYS TO 08/14/2020 |
| Docket Date | 2020-06-02 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time - Answer Brief |
| Description | Notice of Agreed Extension - Answer Brief |
| On Behalf Of | Avatar Property & Casualty Insurance Company |
| Docket Date | 2020-06-02 |
| Type | Order |
| Subtype | Order on Agreed Extension of Time |
| Description | Recognizing Agreed Extension of Time ~ 30 DAYS TO 07/15/2020 |
| Docket Date | 2020-05-29 |
| Type | Response |
| Subtype | Response |
| Description | Response |
| On Behalf Of | Avatar Property & Casualty Insurance Company |
| Docket Date | 2020-05-14 |
| Type | Motions Relating to Attorney Fees/Costs |
| Subtype | Motion For Attorney's Fees |
| Description | Motion For Attorney's Fees ~ (RESPONSE FILED 05/29/2020) |
| On Behalf Of | Samuel Vainberg |
| Docket Date | 2020-05-14 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| On Behalf Of | Avatar Property & Casualty Insurance Company |
| Docket Date | 2020-05-14 |
| Type | Brief |
| Subtype | Initial Brief |
| Description | Initial Brief on Merits |
| On Behalf Of | Samuel Vainberg |
| Docket Date | 2020-04-30 |
| Type | Record |
| Subtype | Record on Appeal |
| Description | Received Records ~ 2,590 PAGES |
| On Behalf Of | Clerk - Palm Beach |
| Docket Date | 2020-03-06 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgment Letter |
| Docket Date | 2020-03-06 |
| 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 | 2020-03-05 |
| Type | Misc. Events |
| Subtype | Fee Status |
| Description | A3:Paid In Full - $300 |
| Docket Date | 2020-03-05 |
| Type | Notice |
| Subtype | Notice of Appeal |
| Description | Notice of Appeal Filed |
| On Behalf Of | Samuel Vainberg |
| Classification | NOA Final - Circuit Civil - Other |
| Court | 3rd District Court of Appeal |
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County 18-10623 |
Parties
| Name | AVATAR PROPERTY & CASUALTY INSURANCE COMPANY |
| Role | Appellant |
| Status | Active |
| Representations | SORRAYA M. SOLAGES-JONES, CARYN L. BELLUS, Barbara E. Fox |
| Name | MARIA DE CAIRES |
| Role | Appellee |
| Status | Active |
| Representations | THOMAS A. KATRANIS, PIERRE A. LOUIS |
| Name | Hon. David C. Miller |
| Role | Judge/Judicial Officer |
| Status | Active |
| Name | Miami-Dade Clerk |
| Role | Lower Tribunal Clerk |
| Status | Active |
Docket Entries
| Docket Date | 2020-08-10 |
| Type | Motions Relating to Oral Argument |
| Subtype | Motion/Request for Oral Argument |
| Description | Request for Oral Argument |
| On Behalf Of | AVATAR PROPERTY & CASUALTY INSURANCE COMPANY |
| Docket Date | 2021-01-06 |
| 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 | AVATAR PROPERTY & CASUALTY INSURANCE COMPANY |
| Docket Date | 2020-12-07 |
| Type | Brief |
| Subtype | Answer Brief |
| Description | Appellee's Answer Brief |
| On Behalf Of | MARIA DE CAIRES |
| Docket Date | 2020-09-04 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time |
| Description | Recognizing Agreed Extension of Time ~ AB-90 days to 12/08/2020 |
| Docket Date | 2020-09-04 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time |
| Description | Notice of Agreed Extension of Time ~ AGREED NOTICE OF EXTENSION OF TIME FORAPPELLEE TO FILE ANSWER BRIEF |
| On Behalf Of | MARIA DE CAIRES |
| Docket Date | 2020-08-28 |
| Type | Order |
| Subtype | Order on Motion to Supplement Record |
| Description | Mot to Supplement Rec w/attachment Granted (OG13) ~ Appellant’s Motion to Supplement the Record on Appeal, filed on August 10, 2020, is granted, and the record on appeal is supplemented to include the transcript filed separately. |
| Docket Date | 2020-08-10 |
| Type | Brief |
| Subtype | Initial Brief |
| Description | Initial Brief on Merits |
| On Behalf Of | AVATAR PROPERTY & CASUALTY INSURANCE COMPANY |
| Docket Date | 2021-08-13 |
| Type | Mandate |
| Subtype | Mandate |
| Description | Mandate |
| Docket Date | 2021-08-13 |
| Type | Misc. Events |
| Subtype | West Publishing |
| Description | West Publishing |
| Docket Date | 2021-07-28 |
| Type | Disposition by Opinion |
| Subtype | Affirmed in Part/Reversed in Part |
| Description | Affirmed in Part/Reversed in Part - Authored Opinion ~ Affirmed in part, reversed in part, and remanded for a new trial on damages. |
| Docket Date | 2021-07-28 |
| Type | Order |
| Subtype | Order on Motion For Attorney's Fees |
| Description | Attorney Fees Granted (OG47) ~ Upon consideration of Appellant’s Motion for Appellate Attorney’s Fees and Costs, it is ordered that said Motion is conditionally granted, subject to a post-final judgment determination pursuant to section 768.79, Florida Statutes, and Florida Rule of Civil Procedure 1.442. |
| Docket Date | 2021-06-22 |
| Type | Misc. Events |
| Subtype | Oral Argument Date Set |
| Description | Oral Argument Date Set ~ 3DCA |
| Docket Date | 2021-04-21 |
| Type | Notice |
| Subtype | Notice |
| Description | Notice ~ NOTICE OF ACKNOWLEDGMENT |
| On Behalf Of | AVATAR PROPERTY & CASUALTY INSURANCE COMPANY |
| Docket Date | 2021-04-19 |
| Type | Notice |
| Subtype | Notice of Oral Argument-Video Conference |
| Description | Remote OA Notice ~ This cause is hereby provisionally set for oral argument before the Third District Court of Appeal on FILLIN "Original date and time" TUESDAY, JUNE 22, 2021, at 9:30 a.m., with fifteen (15) minutes allowed each side for presentation of oral argument. If this is a criminal appeal, in compliance with Marsy’s Law, the State of Florida is hereby directed to provide notice of this oral argument to the victims, as defined by Marsy’s Law. Due to the circumstances surrounding the COVID-19 pandemic, the oral argument will not be held at the courthouse. Instead, the oral argument will be held remotely, via the Zoom platform. Attached to this Notice you will find additional instructions for accessing the platform, and for testing your connections thereto. Each of the attorneys who will argue must return a Notice of Acknowledgment, attached hereto, within three (3) days of this Notice. The Notice has instructions for return.If for any reason counsel is unable to participate remotely, via the Zoom platform, please notify the Court promptly so that other arrangements can be made.The Court reserves the right to remove the case from the oral argument calendar at any time before the date of oral argument. |
| Docket Date | 2021-02-15 |
| Type | Brief |
| Subtype | Reply Brief |
| Description | Appellant's Reply Brief ~ REPLY BRIEF OF APPELLANT, AVATAR PROPERTYAND CASUALTY INSURANCE COMPANY |
| On Behalf Of | AVATAR PROPERTY & CASUALTY INSURANCE COMPANY |
| Docket Date | 2021-02-04 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to Serve Reply Brief |
| Description | Extension granted to file reply brief (OG05) ~ Appellant’s Agreed Motion for an Extension of Time to file the reply brief is granted to and including February 15, 2021. |
| Docket Date | 2021-02-03 |
| 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 | AVATAR PROPERTY & CASUALTY INSURANCE COMPANY |
| Docket Date | 2021-01-08 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to Serve Reply Brief |
| Description | Extension granted to file reply brief NFE (OG05A) ~ Appellant’s Agreed Motion for an Extension of Time to file the reply brief is granted to and including thirty (30) days from the date of this Order, with no further extensions allowed. |
| Docket Date | 2020-08-10 |
| Type | Motions Relating to Records |
| Subtype | Motion to Supplement Record |
| Description | Motion to Supplement the Record |
| On Behalf Of | AVATAR PROPERTY & CASUALTY INSURANCE COMPANY |
| Docket Date | 2020-08-10 |
| Type | Record |
| Subtype | Supplemental Record |
| Description | Supplemental Records |
| On Behalf Of | AVATAR PROPERTY & CASUALTY INSURANCE COMPANY |
| Docket Date | 2020-08-10 |
| Type | Motions Relating to Attorney Fees/Costs |
| Subtype | Motion For Attorney's Fees |
| Description | Motion For Attorney's Fees ~ APPELLANT'S MOTION FOR APPELLATE ATTORNEY'S FEES AND COSTS |
| On Behalf Of | AVATAR PROPERTY & CASUALTY INSURANCE COMPANY |
| Docket Date | 2020-05-12 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to Serve Initial Brief |
| Description | Extension Granted for Initial Brief (OGO3) ~ Appellant's First Motion for Extension of Time to file the initial brief is granted to and including ninety (90) days from the date of this Order. |
| Docket Date | 2020-05-08 |
| 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 FIRST MOTION FOR EXTENSION OF TIME |
| On Behalf Of | AVATAR PROPERTY & CASUALTY INSURANCE COMPANY |
| Docket Date | 2020-04-09 |
| Type | Record |
| Subtype | Record on Appeal |
| Description | Record on Appeal |
| On Behalf Of | Miami-Dade Clerk |
| Docket Date | 2020-04-01 |
| Type | Motions Other |
| Subtype | Miscellaneous Motion |
| Description | Miscellaneous Motion Granted (OG999) ~ Appellant's Motion for Extension of Time on Behalf of the Clerk of the Circuit Court is granted, and the clerk of the circuit court is granted thirty (30) days from the date of this Order to prepare and file the record on appeal and the index thereto. Appellant is granted thirty (30) days after receipt of the record on appeal to file the initial brief. |
| Docket Date | 2020-03-30 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time |
| Description | Motion for Extension of Time ~ MOTION FOR EXTENSION OF TIMEON BEHALF OF THE CLERK OF THE CIRCUIT COURT |
| On Behalf Of | AVATAR PROPERTY & CASUALTY INSURANCE COMPANY |
| Docket Date | 2020-02-12 |
| Type | Misc. Events |
| Subtype | Case Filing Fee Paid through Portal |
| Description | Case Filing Fee Paid Through Portal |
| On Behalf Of | AVATAR PROPERTY & CASUALTY INSURANCE COMPANY |
| Docket Date | 2020-02-10 |
| Type | Misc. Events |
| Subtype | Fee Status |
| Description | FP:Fee Paid Through Portal |
| Docket Date | 2020-02-10 |
| Type | Notice |
| Subtype | Notice of Appeal Transmittal Form |
| Description | Notice of Transmittal--NOA |
| On Behalf Of | MARIA DE CAIRES |
| Docket Date | 2020-02-10 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgment Letter ~ Acknowledgment of new case with attachments. ** The $300 filing fee for a notice of appeal is due. |
| Classification | Original Proceedings - Circuit Civil - Certiorari |
| Court | 5th District Court of Appeal |
| Originating Court |
Circuit Court for the Ninth Judicial Circuit, Orange County 2018-CA-007802-O |
Parties
| Name | AVATAR PROPERTY & CASUALTY INSURANCE COMPANY |
| Role | Petitioner |
| Status | Active |
| Representations | Brian Hohman, Curt Allen |
| Name | JAMES SIMMONS, LLC |
| Role | Respondent |
| Status | Active |
| Representations | Marisa K. Glassman, Mark A. Nation, James J. Dye |
| Name | Hon. Lisa T. Munyon |
| Role | Judge/Judicial Officer |
| Status | Active |
| Name | Orange Cty Circuit Ct Clerk |
| Role | Lower Tribunal Clerk |
| Status | Active |
Docket Entries
| Docket Date | 2020-07-06 |
| Type | Record |
| Subtype | Returned Records |
| Description | Returned Records ~ NO RECORD EFILED |
| Docket Date | 2020-07-06 |
| Type | Mandate |
| Subtype | Disp. w/o Mandate |
| Description | Disp. w/o Mandate |
| Docket Date | 2020-06-12 |
| Type | Order |
| Subtype | Order on Motion For Attorney's Fees |
| Description | Grant Att Fees-Remand to JCC 60d fr Mand |
| Docket Date | 2020-06-12 |
| Type | Disposition by Opinion |
| Subtype | Denied |
| Description | Denied - Authored Opinion |
| Docket Date | 2020-03-20 |
| Type | Response |
| Subtype | Objection |
| Description | OBJECTION ~ TO REQUEST FOR ORAL ARGUMENT |
| On Behalf Of | Avatar Property & Casualty Insurance Company |
| Docket Date | 2020-03-06 |
| Type | Order |
| Subtype | Order Dispensing with Oral Argument |
| Description | ORD-DISPENSING ORAL ARGUMENT |
| Docket Date | 2020-03-05 |
| Type | Misc. Events |
| Subtype | Miscellaneous Docket Entry |
| Description | Miscellaneous Docket Entry ~ REQUEST FOR OA |
| On Behalf Of | JAMES SIMMONS |
| Docket Date | 2020-03-05 |
| Type | Record |
| Subtype | Appendix |
| Description | Appendix ~ TO REPLY |
| On Behalf Of | Avatar Property & Casualty Insurance Company |
| Docket Date | 2020-03-05 |
| Type | Motions Relating to Attorney Fees/Costs |
| Subtype | Motion For Attorney's Fees |
| Description | Motion For Fees and Cost ~ FOR MERIT PANEL CONSIDERATION |
| On Behalf Of | JAMES SIMMONS |
| Docket Date | 2020-03-05 |
| Type | Response |
| Subtype | Reply |
| Description | REPLY |
| On Behalf Of | Avatar Property & Casualty Insurance Company |
| Docket Date | 2020-02-24 |
| Type | Response |
| Subtype | Response |
| Description | RESPONSE ~ PER 2/4 ORDER |
| On Behalf Of | JAMES SIMMONS |
| Docket Date | 2020-02-24 |
| Type | Record |
| Subtype | Appendix to Response |
| Description | Appendix to Response |
| On Behalf Of | JAMES SIMMONS |
| Docket Date | 2020-02-06 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| On Behalf Of | JAMES SIMMONS |
| Docket Date | 2020-02-05 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| On Behalf Of | JAMES SIMMONS |
| Docket Date | 2020-02-04 |
| Type | Order |
| Subtype | Order to File Response |
| Description | ORD-Respondent to Respond ~ RESPONSE W/IN 20 DYS; REPLY W/IN 10 DYS |
| Docket Date | 2020-02-03 |
| Type | Record |
| Subtype | Appendix to Petition |
| Description | Appendix to Petition |
| On Behalf Of | Avatar Property & Casualty Insurance Company |
| Docket Date | 2020-02-03 |
| Type | Petition |
| Subtype | Petition |
| Description | Petition Filed ~ FILED HERE 02/03/2020 |
| On Behalf Of | Avatar Property & Casualty Insurance Company |
| Docket Date | 2020-02-03 |
| Type | Misc. Events |
| Subtype | Miscellaneous Docket Entry |
| Description | Miscellaneous Docket Entry ~ AA CURT ALLEN 008028 AMENDED PET FOR WRIT OF CERT; AS TO CERT OF SVC ONLY |
| On Behalf Of | Avatar Property & Casualty Insurance Company |
| Docket Date | 2020-02-03 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgement Letter 1 |
| Name | Date |
|---|---|
| ANNUAL REPORT | 2022-02-11 |
| ANNUAL REPORT | 2021-03-12 |
| ANNUAL REPORT | 2020-01-15 |
| ANNUAL REPORT | 2019-01-10 |
| ANNUAL REPORT | 2018-03-13 |
| Merger | 2017-05-18 |
| AMENDED ANNUAL REPORT | 2017-05-17 |
| ANNUAL REPORT | 2017-03-17 |
| AMENDED ANNUAL REPORT | 2016-04-25 |
| ANNUAL REPORT | 2016-01-26 |
Date of last update: 02 Mar 2025
Sources: Florida Department of State
