| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
6th District Court of Appeal
|
| Originating Court |
Circuit Court for the Ninth Judicial Circuit, Orange County
2020-CA-012887-O
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Parties
| Name |
ASI PREFERRED INSURANCE CORP.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
RYAN P. INGRAHAM, ESQ., WILLIAM JOSEPH DENNIS, ESQ., PATRICK E. BETAR, ESQ.
|
|
| Name |
HON. JEFFREY L. ASHTON
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
TIFFANY RUSSELL, CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
HENRY SAMAAN
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
MELISSA A. GIASI, Esq.
|
|
Docket Entries
| Docket Date |
2024-04-24
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| Type |
Response
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| Subtype |
Response
|
| Description |
RESPONSE TO ORDER OF REFERRAL TO MEDIATION
|
| On Behalf Of |
HENRY SAMAAN
|
|
| Docket Date |
2024-04-05
|
| Type |
Mediation
|
| Subtype |
Confidential Statement
|
| Description |
Confidential Statement ~ **LOCATED IN iDCA CONFIDENTIAL**
|
| On Behalf Of |
HENRY SAMAAN
|
|
| Docket Date |
2024-04-04
|
| Type |
Mediation
|
| Subtype |
Mediation Questionnaire
|
| Description |
Mediation Questionnaire ~ LOCATED IN IDCA CONFIDENTIAL
|
| On Behalf Of |
ASI PREFERRED INSURANCE CORP.
|
|
| Docket Date |
2024-11-19
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
APPENDIX TO VERIFIED RESPONSE OF MELISSA A. GIASI TO THIS COURT'S OCTOBER 7, 2024 COURT ORDER AND REQUEST FOR DISCHARGE
|
| On Behalf Of |
HENRY SAMAAN
|
|
| Docket Date |
2024-11-18
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
VERIFIED RESPONSE OF MELISSA A. GIASI TO THIS COURT'S OCTOBER 7, 2024 COURT ORDER AND REQUEST FOR DISCHARGE
|
| On Behalf Of |
HENRY SAMAAN
|
|
| Docket Date |
2024-11-18
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
NOTICE OF VOLUNTARY DISMISSAL OF APPEAL FOLLOWING SETTLEMENT
|
| On Behalf Of |
HENRY SAMAAN
|
|
| Docket Date |
2024-10-18
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
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| Description |
Based on the representations made by Erin M. Berger in her motion to discharge show cause order and motion to withdraw as counsel of record for appellant, dated October 14, 2024, the order to show cause, dated October 7, 2024, is discharged as to Attorney Berger only. The motion to withdraw is treated as a notice of withdrawal under Florida Rule of Appellate Procedure 9.440(d)(2). Attorney Berger is reminded of her obligation to withdraw from all matters in which she no longer represents a client before this Court.
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| View |
View File
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|
| Docket Date |
2024-10-15
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
APPELLANTS' NOTICE OF RECEIPT OF THIS COURT'S OCTOBER 7,
2024 ORDER SCHEDULING ORDER TO SHOW CAUSE HEARING
|
| On Behalf Of |
HENRY SAMAAN
|
|
| Docket Date |
2024-10-14
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
MOTION TO DISCHARGE SHOW CAUSE ORDER AND MOTION TO
WITHDRAW AS COUNSEL OF RECORD FOR APPELLANT
|
| On Behalf Of |
HENRY SAMAAN
|
|
| Docket Date |
2024-09-23
|
| Type |
Order
|
| Subtype |
Order to Show Cause - Mediation
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| Description |
On May 30, 2024, this Court appointed a mediator pursuant to the parties' agreement and in connection with its April 12, 2024 order referring this case to mediation. The Court ordered the parties to complete mediation within sixty days of the mediator's appointment. On September 6, 2024, counsel for appellees filed a motion requesting a briefing schedule. In it, counsel represented that counsel for appellant unilaterally canceled mediation without informing him, and that counsel had since become unresponsive to his requests to reschedule mediation. On September 10, 2024, this Court directed counsel for appellant to respond to appellee's motion requesting a briefing schedule, specifically to allegations surrounding the cancelation of mediation and failure to respond to requests to reschedule it. Counsel has not responded. Accordingly, Counsel for appellant, Melissa Giasi and Erin Berger, shall show cause in writing within five days why sanctions should not be imposed against them, personally, for failure to comply with this Court's September 10, 2024 order.
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| View |
View File
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|
| Docket Date |
2024-09-10
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| Type |
Order
|
| Subtype |
Mediation Order to Counsel
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| Description |
Within five days of the entry of this order, counsel for appellant shall respond to appellee's request for briefing schedule. In her response, counsel for appellant shall address the factual allegations contained in appellee's motion, including appellee's contention that counsel for appellant unilaterally canceled a Court-ordered mediation and has not responded to rescheduling requests. Failure to timely respond to this order may result in sanctions against counsel for appellant.
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| View |
View File
|
|
| Docket Date |
2024-09-06
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
REQUEST FOR BRIEFING SCHEDULE
|
| On Behalf Of |
ASI PREFERRED INSURANCE CORP.
|
|
| Docket Date |
2024-03-26
|
| Type |
Mediation
|
| Subtype |
Notice of Case under Consideration for Mediation
|
| Description |
Case Under Consideration for Mediation Notice ~ This case is now under consideration for appellate mediation, and a decision will be made shortly whether to order mediation. An order will be issued advising you of that decision. The time for preparing the record and filing briefs will not begin to run until an order is issued that this case will not proceed to mediation or, if mediation is ordered, until the mediation process is complete.
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|
| Docket Date |
2024-03-13
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ NOTICE OF INABILITY TO PRODUCE THE RECORD ON APPEAL
|
| On Behalf Of |
TIFFANY RUSSELL, CLERK
|
|
| Docket Date |
2024-02-28
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid through Portal
|
| On Behalf Of |
HENRY SAMAAN
|
|
| Docket Date |
2024-02-08
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2024-02-08
|
| Type |
Order
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| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty ~ This appeal has been filed without a filing fee required by section35.22(2)(a), Florida Statutes, Florida Statutes.If the attorney for appellant has not already done so, they shall forwardthe required $300.00 filing fee or, if applicable, a certificate or order of thelower tribunal finding appellant insolvent pursuant to section 57.081, FloridaStatutes, within twenty days from the date of this order.If this court does not receive either of the above within the prescribedtime, this appeal may be subject to dismissal without further notice.
|
|
| Docket Date |
2024-01-31
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| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
ASI PREFERRED INSURANCE CORP.
|
|
| Docket Date |
2024-01-23
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ WITH ORDER
|
| On Behalf Of |
HENRY SAMAAN
|
|
| Docket Date |
2024-01-23
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2024-12-19
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2024-11-21
|
| Type |
Order
|
| Subtype |
Order Imposing Sanctions
|
| Description |
On September 23, 2024, this Court issued an order to show cause in writing within five days why sanctions should not be imposed against Attorney Melissa Giasi for her failure to comply with our order dated September 10, 2024, which ordered Attorney Giasi as counsel for Appellant to address Appellee's allegations concerning appellate mediation scheduling. Attorney Giasi did not respond. On October 7, 2024, this Court scheduled a hearing on the show cause order, observing that Attorney Giasi had not responded to our orders dated September 10, 2024, or September 23, 2024. The evening before the hearing, Attorney Giasi filed a written response with an appendix, which this Court has reviewed. Attorney Giasi also appeared at the hearing and answered our questions. Attorney Giasi's written response and answers during the hearing do not provide a satisfactory explanation to this Court's show cause order. Even if Attorney Giasi's asserted reasons for failing to comply with our orders were justifiable, there is no acceptable basis for waiting five weeks—and until the evening before the show cause hearing—to first share facts of which she has been long aware. The parties' settlement of the underlying case does not excuse counsel's continued responsibility to comply with this Court's orders. Based on this conduct, this Court sanctions Attorney Giasi, directing her to pay $400 to the Clerk of Court within ten days of this order. The Clerk of Court is directed to deliver a copy of this Order to the Florida Bar, which may take any action it deems appropriate.
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| View |
View File
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|
| Docket Date |
2024-10-07
|
| Type |
Order
|
| Subtype |
Order to Show Cause - Mediation
|
| Description |
On May 30, 2024, this Court appointed a mediator pursuant to the parties' agreement and in connection with its April 12, 2024 order referring this case to mediation. The Court ordered the parties to complete mediation within sixty days of the mediator's appointment. On September 6, 2024, counsel for appellees filed a motion requesting a briefing schedule. In it, counsel represented that counsel for appellant unilaterally canceled mediation without informing him, and that counsel had since become unresponsive to his requests to reschedule mediation. On September 10, 2024, this Court directed counsel for appellant, Melissa Giasi and Erin Berger, to respond to appellee's motion requesting a briefing schedule, specifically to allegations surrounding the cancellation of mediation and failure to respond to requests to reschedule it. Counsel did not respond. On September 23, 2024, this Court ordered Melissa Giasi and Erin Berger to show cause in writing within five days why sanctions should not be imposed against them, personally, for failure to comply with this Court's September 10, 2024 order. Neither has responded. Accordingly, the order to show cause is set for hearing at 9 a.m. on Tuesday, November 19, 2024, via remote appearance at INSERT ZOOM LINK. Melissa Giasi and Erin Berger shall each file a notice with this Court within five days that they have received this order. A failure to appear will result in the imposition of sanctions without further notice.
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| View |
View File
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|
| Docket Date |
2024-05-30
|
| Type |
Order
|
| Subtype |
Mediation Order to Counsel
|
| Description |
The Court hereby appoints Rosa Iris Rodriguez, mediator number 36052 RA, as mediator in this matter. Mediation must be conducted in conformity with the Sixth District Court of Appeal's administrative orders and rules regarding appellate mediation and the Florida Rules for Certified and Court-Appointed Mediators. The Mediation Report must be completed and filed within ten days from conclusion of mediation but not later than ten days subsequent to expiration of the 60-day mediation period approved by the Order of Referral to Mediation dated April 12, 2024.
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| View |
View File
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|
| Docket Date |
2024-04-12
|
| Type |
Order
|
| Subtype |
Order of Referral to Mediation
|
| Description |
Order of Referral to Mediation ~ The foregoing case, having been reviewed by the Court, is hereby referred to Appellate Mediation. All appellate deadlines, including for preparing the record and filing briefs, will not begin to run until an order is issued that this case will not proceed to mediation or, if mediation is ordered, until the mediation process is complete.Within 10 days from the date of this Order, Appellant(s) must complete and file with this Court the Response to Order of Referral to Mediation, which is available on this Court’s website, https://6dca.flcourts.gov. If the parties agree on a Florida Supreme Court Certified mediator, the Court will enter an order appointing that mediator for this case. If the parties are not able to agree on a mediator, the Court will appoint a mediator from the Supreme Court list of approved mediators. A mediator need not be certified as an appellate mediator to be appointed.
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|
| Docket Date |
2024-03-26
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| Type |
Order
|
| Subtype |
Mediation Order to Counsel
|
| Description |
Initial Mediation Order ~ This case is being reviewed by the Court to determine whether it is appropriate for appellate mediation. The time for preparing the record and filing briefs will not begin to run until an order is issued that this case will not proceed to mediation or, if mediation is ordered, until the mediation process is complete. Parties must visit the Court’s website, https://6dca.flcourts.gov, to review the Mediation Questions & Answers, and to find the Mediation Questionnaire and Confidential Statement Regarding Appropriateness of Appellate Mediation that must be completed and filed with the Court.Within 10 days from the date of this order, the Mediation Questionnaire and the Confidential Statement Regarding Appropriateness of Appellate Mediation must be e-filed through the Statewide Florida Courts E Filing Portal. BE ADVISED THAT OPPOSING COUNSEL SHOULD NOT BE SERVED COPIES OF THE CONFIDENTIAL STATEMENT REGARDING APPROPRIATENESS OF APPELLATE MEDIATION. When filing the Confidential Statement through the Statewide Florida Courts E-Filing Portal, DO NOT CHECK “SERVE ALL.” FAILURE TO ENSURE ALL BOXES FOR E SERVICE ARE UNCHECKED WILL RESULT IN PARTIES BEING SERVED AND WAIVER OF CONFIDENTIALITY.
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