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AVATAR PROPERTY & CASUALTY INSURANCE COMPANY - Florida Company Profile

Company Details

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

Key Officers & Management

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

Events

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 -

Debts

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

Court Cases

Title Case Number Docket Date Status
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.
View View File
HALLY FINELL, Appellant(s) v. FLORIDA INSURANCE GUARANTY ASSOCIATION, INC., Appellee(s). 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
THERESA GROMANN VS AVATAR PROPERTY & CASUALTY INSURANCE COMPANY 4D2021-1896 2021-06-16 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
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
JUAN CARLOS SERRANO, VS AVATAR PROPERTY & CASUALTY INSURANCE COMPANY, 3D2021-0652 2021-03-04 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
18-8866

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.
MARCO HUERTAS and MIOZOTI HUERTAS VS AVATAR PROPERTY & CASUALTY INSURANCE COMPANY 4D2021-0953 2021-03-02 Closed
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
AVATAR PROPERTY & CASUALTY INSURANCE COMPANY F/K/A ELEMENTS PROPERTY INSURANCE COMPANY VS DAVID NELSON 5D2021-0320 2021-02-01 Closed
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
YESSICA ARBELO, VS AVATAR PROPERTY & CASUALTY INSURANCE COMPANY, 3D2021-0138 2021-01-11 Closed
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
ALL REPAIR & RESTORATION, LLC D/B/A ALL DRY a/a/o GRACIELA ROSA VS AVATAR PROPERTY & CASUALTY INSURANCE COMPANY 4D2021-0137 2021-01-08 Closed
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
BRENT REYNOLDS AND ANDREA REYNOLDS VS AVATAR PROPERTY & CASUALTY INSURANCE COMPANY 5D2021-0124 2021-01-07 Closed
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
AVATAR PROPERTY & CASUALTY INSURANCE COMPANY, VS GLADYS MITCHELL, 3D2020-1515 2020-10-19 Closed
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
MCBETH AND JENNY COLLINS VS AVATAR PROPERTY & CASUALTY INSURANCE COMPANY, ET AL 2D2020-2798 2020-09-24 Closed
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
AVATAR PROPERTY & CASUALTY INSURANCE COMPANY VS NIULSURYS FLORES AND ERNESTO VALDES 2D2020-2458 2020-08-17 Closed
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
AVATAR PROPERTY & CASUALTY INSURANCE COMPANY VS PABLO MEDINA 2D2020-1648 2020-05-21 Closed
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.
JESSICA AFFLECK VS AVATAR PROPERTY & CASUALTY INSURANCE COMPANY 2D2020-1200 2020-04-06 Closed
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.
SAMUEL VAINBERG and LYNN VAINBERG VS AVATAR PROPERTY & CASUALTY INSURANCE COMPANY 4D2020-0646 2020-03-05 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
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
AVATAR PROPERTY AND CASUALTY INSURANCE COMPANY, VS MARIA DE CAIRES, 3D2020-0278 2020-02-10 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
18-10623

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.
AVATAR PROPERTY & CASUALTY INSURANCE COMPANY VS JAMES SIMMONS 5D2020-0304 2020-02-03 Closed
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

Documents

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