|
Irma Carrillo, et al., Appellant(s), v. Avatar Property & Casualty Insurance Company, Appellee(s).
|
3D2023-1939
|
2023-10-30
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
18-22046
|
Parties
| 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.
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| View |
View File
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HALLY FINELL, Appellant(s) v. FLORIDA INSURANCE GUARANTY ASSOCIATION, INC., Appellee(s).
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4D2022-0378
|
2022-02-08
|
Closed
|
|
| 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
|
|
|
|
JINU VARGHESE and RIJA JINU VS AVATAR PROPERTY & CASUALTY INSURANCE COMPANY
|
4D2021-3513
|
2021-12-14
|
Closed
|
|
| 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
|
|
|
|
ALEX FINCH D/ B/ A FINCH LAW FIRM AND FROMANG & FINCH, P.A. VS MASSEY CONSTRUCTION GROUP, INC. A/ A/ O MARIO MARRERO AND ELVA L. MARRERO, AND AVATAR PROPERTY & CASUALTY INSURANCE COMPANY
|
2D2021-2431
|
2021-08-09
|
Closed
|
|
| 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
|
|
|
|
MARLIN CONSTRUCTION GROUP, LLC A/A/O ANN WRIGHT AND MELANIE YVAIN VS AVATAR PROPERTY & CASUALTY INSURANCE COMPANY
|
2D2021-1896
|
2021-06-29
|
Closed
|
|
| 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
|
|
|
