ASI PREFERRED INSURANCE CORP., Appellant(s) v. BLACK DIAMOMND FUNDING VENTURES, LLC, et al., Appellee(s).
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4D2024-2933
|
2024-11-13
|
Open
|
|
Classification |
NOA Final - County Civil - PIP
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
COINX23-017040
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Parties
Name |
ASI PREFERRED INSURANCE CORP.
|
Role |
Appellant
|
Status |
Active
|
Representations |
Patrick Edward Betar, Joshua Seth Beck
|
|
Name |
BLACK DIAMOND FUNDING VENTURES, LLC
|
Role |
Appellee
|
Status |
Active
|
Representations |
Patrick Edward Betar, Hailey Lampert Wilson
|
|
Name |
MOLD EXAMINERS INC.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
PATRICIA CUADRA INC.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Hon. Daniel Joseph Kanner
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Broward Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2024-11-15
|
Type |
Miscellaneous Document
|
Subtype |
Pay Case Filing Fee-300
|
Description |
Paid Case Filing Fee-300
|
On Behalf Of |
ASI Preferred Insurance Corp
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View |
View File
|
|
Docket Date |
2024-11-15
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
View |
View File
|
|
Docket Date |
2024-11-15
|
Type |
Misc. Events
|
Subtype |
Miscellaneous Trial Court Document
|
Description |
Miscellaneous Trial Court Document0 Civil Cover Sheet
t
|
|
Docket Date |
2024-11-15
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal
|
|
Docket Date |
2025-01-06
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Record on Appeal -- 755 pgs
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On Behalf Of |
Broward Clerk
|
|
|
GALE FORCE ROOFING AND RESTORATION, LLC VS ASI PREFERRED INSURANCE CORP.
|
2D2024-0403
|
2024-02-20
|
Closed
|
|
Classification |
NOA Non Final - County Civil - Other
|
Court |
2nd District Court of Appeal
|
Originating Court |
County Court for the Thirteenth Judicial Circuit, Hillsborough County
23-CC-083555
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Parties
Name |
GALE FORCE ROOFING AND RESTORATION, LLC
|
Role |
Appellant
|
Status |
Active
|
Representations |
JEREMY D. BAILIE, ESQ.
|
|
Name |
ASI PREFERRED INSURANCE CORP.
|
Role |
Appellee
|
Status |
Active
|
Representations |
Rolando Bernal, Jr., Esq.
|
|
Name |
HON. LISA ALLEN
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
HILLSBOROUGH CLERK
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2024-03-08
|
Type |
Misc. Events
|
Subtype |
Case Closed
|
Description |
Case Closed
|
|
Docket Date |
2024-02-20
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ W/ORDER
|
On Behalf Of |
GALE FORCE ROOFING AND RESTORATION, LLC
|
|
Docket Date |
2024-02-20
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
Case Filing Fee Paid through Portal
|
On Behalf Of |
GALE FORCE ROOFING AND RESTORATION, LLC
|
|
Docket Date |
2024-02-20
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter 1
|
|
Docket Date |
2024-03-08
|
Type |
Motions Other
|
Subtype |
Motion/Notice Voluntary Dismissal
|
Description |
Notice of Voluntary Dismissal
|
On Behalf Of |
GALE FORCE ROOFING AND RESTORATION, LLC
|
|
Docket Date |
2024-03-08
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
ORDER GRANTING VOLUNTARY DISMISSAL ~ Pursuant to the notice of voluntary dismissal filed herein, this appeal isdismissed.
|
|
Docket Date |
2024-03-08
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Clerk
|
|
Docket Date |
2024-02-20
|
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.
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|
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HENRY SAMAAN, Appellant(s) v. ASI PREFERRED INSURANCE CORP., Appellee(s).
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6D2024-0159
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2024-01-23
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Closed
|
|
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.
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|
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.
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|
Docket Entries
Docket Date |
2024-04-24
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE TO ORDER OF REFERRAL TO MEDIATION
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On Behalf Of |
HENRY SAMAAN
|
|
Docket Date |
2024-04-05
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Type |
Mediation
|
Subtype |
Confidential Statement
|
Description |
Confidential Statement ~ **LOCATED IN iDCA CONFIDENTIAL**
|
On Behalf Of |
HENRY SAMAAN
|
|
Docket Date |
2024-04-04
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Type |
Mediation
|
Subtype |
Mediation Questionnaire
|
Description |
Mediation Questionnaire ~ LOCATED IN IDCA CONFIDENTIAL
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On Behalf Of |
ASI PREFERRED INSURANCE CORP.
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Docket Date |
2024-11-19
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Type |
Record
|
Subtype |
Appendix to Response
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Description |
APPENDIX TO VERIFIED RESPONSE OF MELISSA A. GIASI TO THIS COURT'S OCTOBER 7, 2024 COURT ORDER AND REQUEST FOR DISCHARGE
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On Behalf Of |
HENRY SAMAAN
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Docket Date |
2024-11-18
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Type |
Response
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Subtype |
Response
|
Description |
VERIFIED RESPONSE OF MELISSA A. GIASI TO THIS COURT'S OCTOBER 7, 2024 COURT ORDER AND REQUEST FOR DISCHARGE
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On Behalf Of |
HENRY SAMAAN
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Docket Date |
2024-11-18
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Type |
Motions Other
|
Subtype |
Motion/Notice Voluntary Dismissal
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Description |
NOTICE OF VOLUNTARY DISMISSAL OF APPEAL FOLLOWING SETTLEMENT
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On Behalf Of |
HENRY SAMAAN
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Docket Date |
2024-10-18
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Type |
Order
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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
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Type |
Notice
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Subtype |
Notice
|
Description |
APPELLANTS' NOTICE OF RECEIPT OF THIS COURT'S OCTOBER 7,
2024 ORDER SCHEDULING ORDER TO SHOW CAUSE HEARING
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On Behalf Of |
HENRY SAMAAN
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|
Docket Date |
2024-10-14
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Type |
Motions Other
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Subtype |
Miscellaneous Motion
|
Description |
MOTION TO DISCHARGE SHOW CAUSE ORDER AND MOTION TO
WITHDRAW AS COUNSEL OF RECORD FOR APPELLANT
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On Behalf Of |
HENRY SAMAAN
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|
Docket Date |
2024-09-23
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Type |
Order
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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
|
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
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Docket Date |
2024-09-06
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Type |
Motions Other
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Subtype |
Miscellaneous Motion
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Description |
REQUEST FOR BRIEFING SCHEDULE
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On Behalf Of |
ASI PREFERRED INSURANCE CORP.
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Docket Date |
2024-03-26
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Type |
Mediation
|
Subtype |
Notice of Case under Consideration for Mediation
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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
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Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ NOTICE OF INABILITY TO PRODUCE THE RECORD ON APPEAL
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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
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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
|
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.
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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.
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|
Docket Date |
2024-01-23
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Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ WITH ORDER
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On Behalf Of |
HENRY SAMAAN
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|
Docket Date |
2024-01-23
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Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
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|
Docket Date |
2024-12-19
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
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View |
View File
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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
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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
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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
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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
|
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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HOLDING INSURANCE COMPANIES ACCOUNTABLE, LLC A/A/O FLOYD JONES VS ASI PREFERRED INSURANCE CORP.
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5D2023-1250
|
2023-03-24
|
Closed
|
|
Classification |
Original Proceedings - Circuit Civil - Certiorari
|
Court |
5th District Court of Appeal
|
Originating Court |
Circuit Court for the Fifth Judicial Circuit, Lake County
2021-CA-000176
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Parties
Name |
HOLDING INSURANCE COMPANIES ACCOUNTABLE, LLC
|
Role |
Petitioner
|
Status |
Active
|
Representations |
Chad A. Barr
|
|
Name |
Floyd Jones
|
Role |
Petitioner
|
Status |
Active
|
|
Name |
ASI PREFERRED INSURANCE CORP.
|
Role |
Respondent
|
Status |
Active
|
Representations |
Sarah R. Burke, Thomas W. Hodges, Patrick E. Betar
|
|
Name |
Hon. Dan R. Mosley
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Lake Co Circuit Ct Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2023-04-11
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
ASI Preferred Insurance Corp.
|
|
Docket Date |
2023-09-28
|
Type |
Mandate
|
Subtype |
Disp. w/o Mandate
|
Description |
Disp. w/o Mandate
|
|
Docket Date |
2023-09-28
|
Type |
Record
|
Subtype |
Returned Records
|
Description |
Returned Records ~ NO RECORD EFILED
|
|
Docket Date |
2023-09-01
|
Type |
Disposition by Order
|
Subtype |
Denied
|
Description |
Order Denying Original Petition ~ PET DENIED; MOT ATTY FEES DENIED
|
|
Docket Date |
2023-09-01
|
Type |
Disposition by Opinion
|
Subtype |
Denied
|
Description |
Denied - Order by Judge ~ ON THE MERITS
|
|
Docket Date |
2023-04-27
|
Type |
Response
|
Subtype |
Reply
|
Description |
REPLY
|
On Behalf Of |
Holding Insurance Companies Accountable, LLC
|
|
Docket Date |
2023-04-17
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ PER 3/27 ORDER
|
On Behalf Of |
ASI Preferred Insurance Corp.
|
|
Docket Date |
2023-04-11
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ TO MOT ATTY FEES
|
On Behalf Of |
ASI Preferred Insurance Corp.
|
|
Docket Date |
2023-03-27
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgement Letter 1
|
|
Docket Date |
2023-03-27
|
Type |
Order
|
Subtype |
Order to File Response
|
Description |
ORD-Respondent to Respond ~ RESPONSE W/IN 20 DYS; REPLY W/IN 10 DYS
|
|
Docket Date |
2023-03-24
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees ~ DENIED PER 9/1 ORDER
|
|
Docket Date |
2023-03-24
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
CASE FILING FEE PAID THROUGH PORTAL
|
On Behalf Of |
Holding Insurance Companies Accountable, LLC
|
|
Docket Date |
2023-03-24
|
Type |
Petition
|
Subtype |
Petition
|
Description |
Petition Filed ~ FILED HERE 3/24/2023
|
On Behalf Of |
Holding Insurance Companies Accountable, LLC
|
|
Docket Date |
2023-03-24
|
Type |
Record
|
Subtype |
Appendix to Petition
|
Description |
Appendix to Petition
|
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|
JOSE FERNANDEZ and OLGA FERNANDEZ VS ASI PREFERRED INSURANCE CORP.
|
4D2022-2605
|
2022-09-27
|
Closed
|
|
Classification |
NOA Final - County Civil - Other
|
Court |
4th District Court of Appeal
|
Originating Court |
County Court for the Nineteenth Judicial Circuit, St. Lucie County
562022CC002033
|
Parties
Name |
Jose Fernandez
|
Role |
Appellant
|
Status |
Active
|
Representations |
Kenneth R. Duboff
|
|
Name |
Olga Fernandez
|
Role |
Appellant
|
Status |
Active
|
|
Name |
ASI PREFERRED INSURANCE CORP.
|
Role |
Appellee
|
Status |
Active
|
Representations |
Andrea Zigelsky
|
|
Name |
Hon. Edmond W. Alonzo
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - St. Lucie
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2023-01-31
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
Order Granting Voluntary Dismissal ~ Pursuant to the January 31, 2023 notice of voluntary dismissal, this case is dismissed.
|
|
Docket Date |
2023-01-31
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Clerk
|
|
Docket Date |
2023-01-31
|
Type |
Motions Other
|
Subtype |
Motion/Notice Voluntary Dismissal
|
Description |
Notice of Voluntary Dismissal
|
On Behalf Of |
Jose Fernandez
|
|
Docket Date |
2023-01-20
|
Type |
Order
|
Subtype |
Order to File Response
|
Description |
ORD-Appellant to File Response ~ ORDERED that appellants are directed to respond, within five (5) days from the date of this order, to this court’s December 15, 2022 order.
|
|
Docket Date |
2022-12-15
|
Type |
Order
|
Subtype |
Order to File Status Report
|
Description |
Order to File Status Report ~ ORDERED that appellants are directed to file a status report, within thirty (30) days from the date of this order, regarding the progress being made toward the settlement. Further,ORDERED that this court’s December 14, 2022 order to show cause is discharged.
|
|
Docket Date |
2022-12-14
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ OF SETTLEMENT
|
On Behalf Of |
Jose Fernandez
|
|
Docket Date |
2022-12-14
|
Type |
Order
|
Subtype |
Show Cause
|
Description |
Show Cause Lack of Prosecution, Initial Brief ~ **DISCHARGED**ORDERED that appellants in the above-styled case are directed to show cause in writing, if any there be, within ten (10) days from the date of this order, why the above-styled case should not be dismissed for lack of timely prosecution, in that appellants' initial brief has not been filed with this court as of this date. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief is filed within this time, the order to show cause will be considered automatically discharged without further order.
|
|
Docket Date |
2022-09-27
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2022-09-27
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ **Filing Fee Paid Through Portal**
|
On Behalf Of |
Jose Fernandez
|
|
Docket Date |
2022-09-27
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
|
DOUGLAS HOPKINS and ELIZABETH HOPKINS VS ASI PREFERRED INSURANCE CORP
|
4D2022-1081
|
2022-04-20
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Other
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, Martin County
200000737CAAXX
|
Parties
Name |
ELIZABETH HOPKINS, INC.
|
Role |
Appellant
|
Status |
Active
|
|
Name |
Douglas Hopkins
|
Role |
Appellant
|
Status |
Active
|
Representations |
Daniel A. Norton, Randall M. Shochet
|
|
Name |
ASI PREFERRED INSURANCE CORP.
|
Role |
Appellee
|
Status |
Active
|
Representations |
Darryl B. Boutin
|
|
Name |
Hon. Gary L. Sweet
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - Martin
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2022-06-02
|
Type |
Letter
|
Subtype |
Fee Letter
|
Description |
Fee Letter
|
|
Docket Date |
2022-06-02
|
Type |
Misc. Events
|
Subtype |
Miscellaneous Docket Entry
|
Description |
Miscellaneous Entry/Document ~ Invoice voided
|
On Behalf Of |
Douglas Hopkins
|
|
Docket Date |
2022-04-28
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Clerk
|
|
Docket Date |
2022-04-28
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
Order Granting Voluntary Dismissal ~ Pursuant to the April 27, 2022 notice of voluntary dismissal, this case is dismissed.
|
|
Docket Date |
2022-04-27
|
Type |
Motions Other
|
Subtype |
Motion/Notice Voluntary Dismissal
|
Description |
Notice of Voluntary Dismissal
|
On Behalf Of |
Douglas Hopkins
|
|
Docket Date |
2022-04-25
|
Type |
Order
|
Subtype |
Order to File Response re Jurisdiction
|
Description |
AA - File Statement for Basis of Jurisdiction ~ ORDERED that, within ten (10) days from the date of this order, appellants shall file in this court a brief statement explaining the basis for this court's subject matter jurisdiction over the order appealed in this case, citing supporting legal authorities. Appellants shall specifically address how the March 30, 2022 order is an appealable order, as it appears the order merely grants a motion for sanctions pursuant to section 57.105, Florida Statutes, without awarding an amount of fees. See Johnson Tr. of Krej Irrevocable Tr. No. 7 v. Cliché Piano Bar & Pool Lounge, LLC, 290 So. 3d 158 (Fla. 2d DCA 2020) (holding an order that merely grants a motion for attorney's fees pursuant to section 57.105 is a nonappealable, nonfinal order). Further,Appellee may file a response within ten (10) days of service of that statement.
|
|
Docket Date |
2022-04-21
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ **Certified Copy Includes Order**
|
|
Docket Date |
2022-04-21
|
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 |
2022-04-21
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2022-04-20
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
Douglas Hopkins
|
|
Docket Date |
2022-04-20
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
|
ASI PREFERRED INSURANCE CORP. VS TIMOTHY M. ROHLMAN, ET AL.
|
2D2022-0784
|
2022-03-11
|
Closed
|
|
Classification |
NOA Final - County Civil - PIP
|
Court |
2nd District Court of Appeal
|
Originating Court |
County Court for the Twentieth Judicial Circuit, Lee County
20-CC-003349
|
Parties
Name |
ASI PREFERRED INSURANCE CORP.
|
Role |
Appellant
|
Status |
Active
|
Representations |
Lauren V. Purdy, Esq., KENNETH B. BELL, ESQ.
|
|
Name |
DEBRA L. ROHLMAN
|
Role |
Appellee
|
Status |
Active
|
|
Name |
TIMOTHY M. ROHLMAN
|
Role |
Appellee
|
Status |
Active
|
Representations |
JOSEPH R. KESSLER, ESQ., Blair M. Fazzio, Esq.
|
|
Name |
THE ROHLMAN FAMILY TRUST
|
Role |
Appellee
|
Status |
Active
|
|
Name |
HONORABLE ERIK LEONTIEV
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
LEE CLERK
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2022-06-23
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees
|
On Behalf Of |
ASI PREFERRED INSURANCE CORP.
|
|
Docket Date |
2022-12-30
|
Type |
Disposition by Order
|
Subtype |
Transferred
|
Description |
Transfer to Sixth DCA
|
|
Docket Date |
2022-12-30
|
Type |
Disposition
|
Subtype |
Transferred
|
Description |
Transferred - Order by Judge ~ TRANSFERRED TO SIXTH DCA
|
|
Docket Date |
2022-12-21
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument
|
On Behalf Of |
ASI PREFERRED INSURANCE CORP.
|
|
Docket Date |
2022-12-15
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant Reply Brief
|
On Behalf Of |
ASI PREFERRED INSURANCE CORP.
|
|
Docket Date |
2022-12-15
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees ~ MOTION FOR APPELLATE ATTORNEY'S FEES
|
On Behalf Of |
TIMOTHY M. ROHLMAN
|
|
Docket Date |
2022-11-09
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ 30 - RB DUE 12/15/22 (LAST REQUEST)
|
On Behalf Of |
ASI PREFERRED INSURANCE CORP.
|
|
Docket Date |
2022-09-22
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ 30 - RB DUE 11/16/22
|
On Behalf Of |
ASI PREFERRED INSURANCE CORP.
|
|
Docket Date |
2022-09-16
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee Answer Brief
|
On Behalf Of |
TIMOTHY M. ROHLMAN
|
|
Docket Date |
2022-08-18
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ Appellees’ motion for extension of time is granted, and the answer brief shallbe served by September 16, 2022.
|
|
Docket Date |
2022-08-17
|
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 |
TIMOTHY M. ROHLMAN
|
|
Docket Date |
2022-07-20
|
Type |
Record
|
Subtype |
Supplemental Record
|
Description |
Supplemental Records ~ REDACTED - 26 PAGES
|
|
Docket Date |
2022-07-18
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ 30 - AB DUE 8/17/22
|
On Behalf Of |
TIMOTHY M. ROHLMAN
|
|
Docket Date |
2022-06-24
|
Type |
Order
|
Subtype |
Order on Motion to Supplement Record
|
Description |
ORDER GRANTING MOTION TO SUPPLEMENT THE RECORD ~ Appellant's motion to supplement the record is granted, and appellant shall makearrangements within three days with the clerk of the lower tribunal for thesupplementation of the record with the items mentioned in the motion, with thesupplemental record to be filed in this court within twenty-five days from the date of thisorder.
|
|
Docket Date |
2022-06-23
|
Type |
Motions Relating to Records
|
Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
Description |
Motion To File Supplemental Record
|
On Behalf Of |
ASI PREFERRED INSURANCE CORP.
|
|
Docket Date |
2022-06-17
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Appellant Brief on Merits
|
On Behalf Of |
ASI PREFERRED INSURANCE CORP.
|
|
Docket Date |
2022-05-10
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ LEONTIEV - REDACTED - 2051 PAGES
|
|
Docket Date |
2022-05-04
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ AGREED NOTICE OF EXTENSION OF TIME TO FILE INITIAL BRIEF//30 - IB DUE 6/19/22
|
On Behalf Of |
ASI PREFERRED INSURANCE CORP.
|
|
Docket Date |
2022-04-20
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
TIMOTHY M. ROHLMAN
|
|
Docket Date |
2022-03-14
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
Case Filing Fee Paid through Portal
|
On Behalf Of |
ASI PREFERRED INSURANCE CORP.
|
|
Docket Date |
2022-03-11
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter 1
|
|
Docket Date |
2022-03-11
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
fee - civil; atty ~ This appeal has been filed without a filing fee required by section 35.22(2)(a), Florida Statutes, Florida Statutes.If the attorney for appellant has not already done so, they shall forward the required $300.00 filing fee or, if applicable, a certificate or order of the lower tribunal finding appellant insolvent pursuant to section 57.081, Florida Statutes, within twenty days from the date of this order.If this court does not receive either of the above within the prescribed time, this appeal may be subject to dismissal without further notice.
|
|
Docket Date |
2022-03-11
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ W/ORDER
|
On Behalf Of |
ASI PREFERRED INSURANCE CORP.
|
|
Docket Date |
2022-03-11
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
|
ASI PREFERRED INSURANCE CORP. VS TIMOTHY M. ROHLMAN, ET AL.
|
6D2023-0293
|
2022-03-11
|
Closed
|
|
Classification |
NOA Final - County Civil - PIP
|
Court |
6th District Court of Appeal
|
Originating Court |
County Court for the Twentieth Judicial Circuit, Lee County
20-CC-003349
|
Parties
Name |
ASI PREFERRED INSURANCE CORP.
|
Role |
Appellant
|
Status |
Active
|
Representations |
KENNETH B. BELL, ESQ., Lauren V. Purdy, Esq.
|
|
Name |
THE ROHLMAN FAMILY TRUST
|
Role |
Appellee
|
Status |
Active
|
|
Name |
TIMOTHY M. ROHLMAN
|
Role |
Appellee
|
Status |
Active
|
Representations |
BLAIR M. FAZZIO, ESQ., JOSEPH R. KESSLER, ESQ.
|
|
Name |
DEBRA L. ROHLMAN
|
Role |
Appellee
|
Status |
Active
|
|
Name |
HONORABLE ERIK LEONTIEV
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
KEVIN KARNES, CLERK
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2023-05-18
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2023-05-18
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2023-04-25
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Judge ~ Cohen, Wozniak, and Mize
|
|
Docket Date |
2023-04-25
|
Type |
Order
|
Subtype |
Order on Motion For Attorney's Fees
|
Description |
Order Denying Attorney's Fees ~ Based on settlement of the case the motions for attorney's fees are denied as moot.PANEL: WOZNIAK and MIZE, JJ. COHEN, J., would deny the motions for attorney's fees.
|
|
Docket Date |
2023-04-25
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
ORDER GRANTING VOLUNTARY DISMISSAL ~ The Notice of Voluntary Dismissal is accepted and this appeal is dismissed. Based on settlement of the case the motions for attorney’s fees are denied as moot.PANEL: WOZNIAK and MIZE, JJ. COHEN, J., would deny the motions for attorney’s fees.
|
|
Docket Date |
2023-04-18
|
Type |
Misc. Events
|
Subtype |
Oral Argument Date Set
|
Description |
Oral Argument Date Set ~ 6DCA
|
|
Docket Date |
2023-04-07
|
Type |
Motions Other
|
Subtype |
Motion/Notice Voluntary Dismissal
|
Description |
Notice of Voluntary Dismissal ~ STIPULATION FOR DISMISSAL OF APPEAL
|
On Behalf Of |
ASI PREFERRED INSURANCE CORP.
|
|
Docket Date |
2023-03-14
|
Type |
Notice
|
Subtype |
Notice
|
Description |
NOTICE OF ORAL ARGUMENT - LAW DAY ~ The Court has set the above cause for oral argument on April 18, 2023, at 9:00 a.m., at UCF Downtown Campus, 528 West Livingston St., Orlando, FL. 32801.Oral arguments are currently scheduled before judges Jay P. Cohen, Carrie Ann Wozniak, and Joshua A. Mize, although the panel composition and the time for the argument are subject to change without notice. The Oral Argument Schedule may be viewed on this Court's website, https://6dca.flcourts.gov. Whenever changes are made, the Oral Argument Schedule is amended to reflect the change. Therefore, you are advised to check the court’s website for the most current information
|
|
Docket Date |
2023-03-08
|
Type |
Notice
|
Subtype |
Notice
|
Description |
NOTICE OF ORAL ARGUMENT - LAW DAY ~ *SEE AMENDED ORDER 3/14/2023** The Court has set the above cause for oral argument on April 18, 2023, at 9:00 a.m., at UCF Downtown Campus, 500 West Livingston St., Orlando, FL, 32801.Oral arguments are currently scheduled before judges Jay P. Cohen, Carrie Ann Wozniak, and Joshua A. Mize, although the panel composition and the time for the argument are subject to change without notice. The Oral Argument Schedule may be viewed on this Court's website, https://6dca.flcourts.gov. Whenever changes are made, the Oral Argument Schedule is amended to reflect the change. Therefore, you are advised to check the court's website for the most current information.
|
|
Docket Date |
2023-01-03
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter 1
|
|
Docket Date |
2022-12-30
|
Type |
Disposition by Order
|
Subtype |
Transferred
|
Description |
Transfer to Sixth DCA
|
|
Docket Date |
2022-12-21
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument
|
On Behalf Of |
ASI PREFERRED INSURANCE CORP.
|
|
Docket Date |
2022-12-15
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees ~ MOTION FOR APPELLATE ATTORNEY'S FEES
|
On Behalf Of |
TIMOTHY M. ROHLMAN
|
|
Docket Date |
2022-12-15
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant Reply Brief
|
On Behalf Of |
ASI PREFERRED INSURANCE CORP.
|
|
Docket Date |
2022-11-09
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ 30 - RB DUE 12/15/22 (LAST REQUEST)
|
On Behalf Of |
ASI PREFERRED INSURANCE CORP.
|
|
Docket Date |
2022-09-22
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ 30 - RB DUE 11/16/22
|
On Behalf Of |
ASI PREFERRED INSURANCE CORP.
|
|
Docket Date |
2022-09-16
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee Answer Brief
|
On Behalf Of |
TIMOTHY M. ROHLMAN
|
|
Docket Date |
2022-08-18
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ Appellees’ motion for extension of time is granted, and the answer brief shallbe served by September 16, 2022.
|
|
Docket Date |
2022-08-17
|
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 |
TIMOTHY M. ROHLMAN
|
|
Docket Date |
2022-07-20
|
Type |
Record
|
Subtype |
Supplemental Record
|
Description |
Supplemental Records ~ REDACTED - 26 PAGES
|
|
Docket Date |
2022-07-18
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ 30 - AB DUE 8/17/22
|
On Behalf Of |
TIMOTHY M. ROHLMAN
|
|
Docket Date |
2022-06-24
|
Type |
Order
|
Subtype |
Order on Motion to Supplement Record
|
Description |
ORDER GRANTING MOTION TO SUPPLEMENT THE RECORD ~ Appellant's motion to supplement the record is granted, and appellant shall makearrangements within three days with the clerk of the lower tribunal for thesupplementation of the record with the items mentioned in the motion, with thesupplemental record to be filed in this court within twenty-five days from the date of thisorder.
|
|
Docket Date |
2022-06-23
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees
|
On Behalf Of |
ASI PREFERRED INSURANCE CORP.
|
|
Docket Date |
2022-06-23
|
Type |
Motions Relating to Records
|
Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
Description |
Motion To File Supplemental Record
|
On Behalf Of |
ASI PREFERRED INSURANCE CORP.
|
|
Docket Date |
2022-06-17
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Appellant Brief on Merits
|
On Behalf Of |
ASI PREFERRED INSURANCE CORP.
|
|
Docket Date |
2022-05-10
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ LEONTIEV - REDACTED - 2051 PAGES
|
|
Docket Date |
2022-05-04
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ AGREED NOTICE OF EXTENSION OF TIME TO FILE INITIAL BRIEF//30 - IB DUE 6/19/22
|
On Behalf Of |
ASI PREFERRED INSURANCE CORP.
|
|
Docket Date |
2022-04-20
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
TIMOTHY M. ROHLMAN
|
|
Docket Date |
2022-03-14
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
Case Filing Fee Paid through Portal
|
On Behalf Of |
ASI PREFERRED INSURANCE CORP.
|
|
Docket Date |
2022-03-11
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
fee - civil; atty ~ This appeal has been filed without a filing fee required by section 35.22(2)(a), Florida Statutes, Florida Statutes.If the attorney for appellant has not already done so, they shall forward the required $300.00 filing fee or, if applicable, a certificate or order of the lower tribunal finding appellant insolvent pursuant to section 57.081, Florida Statutes, within twenty days from the date of this order.If this court does not receive either of the above within the prescribed time, this appeal may be subject to dismissal without further notice.
|
|
Docket Date |
2022-03-11
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ W/ORDER
|
On Behalf Of |
ASI PREFERRED INSURANCE CORP.
|
|
Docket Date |
2022-03-11
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
Docket Date |
2022-03-11
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter 1
|
|
|
THE KIDWELL GROUP, LLC D/B/A AIR QUALITY ASSESSORS OF FLORIDA A/A/O JATIN PATEL VS ASI PREFERRED INSURANCE CORP.
|
5D2021-2946
|
2021-12-02
|
Closed
|
|
Classification |
NOA Final - County Small Claims - Other
|
Court |
5th District Court of Appeal
|
Originating Court |
Circuit Court for the Ninth Judicial Circuit, Orange County
2021-SC-013615-O
|
Parties
Name |
Jatin Patel
|
Role |
Appellant
|
Status |
Active
|
|
Name |
Air Quality Assessors of Florida
|
Role |
Appellant
|
Status |
Active
|
|
Name |
THE KIDWELL GROUP LLC
|
Role |
Appellant
|
Status |
Active
|
Representations |
Chad A. Barr
|
|
Name |
ASI PREFERRED INSURANCE CORP.
|
Role |
Appellee
|
Status |
Active
|
Representations |
Lauren V. Purdy, Jacqueline A Alastra, Kenneth B. Bell
|
|
Name |
Hon. Carly S. Wish
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Orange Cty Circuit Ct Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2022-06-24
|
Type |
Notice
|
Subtype |
Notice
|
Description |
NOTICE OF ORAL ARGUMENT VIA ZOOM
|
|
Docket Date |
2022-06-20
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ AE'S OA PREFERENCE
|
On Behalf Of |
ASI Preferred Insurance Corp.
|
|
Docket Date |
2022-12-12
|
Type |
Record
|
Subtype |
Returned Records
|
Description |
Returned Records ~ NO RECORD EFILED
|
|
Docket Date |
2022-12-12
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2022-11-28
|
Type |
Order
|
Subtype |
Order on Motion For Attorney's Fees
|
Description |
Order Granting attorney's fee - Dresser ~ AE MOT GRANTED; AA MOT DENIED
|
|
Docket Date |
2022-11-22
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed - Authored Opinion
|
|
Docket Date |
2022-11-18
|
Type |
Order
|
Subtype |
Order on Miscellaneous Motion
|
Description |
Grant Miscellaneous Motion ~ MOT GRANTED; REPLY ACCEPTED
|
|
Docket Date |
2022-10-14
|
Type |
Notice
|
Subtype |
Notice of Supplemental Authority
|
Description |
Notice of Supplemental Authority ~ SECOND
|
On Behalf Of |
ASI Preferred Insurance Corp.
|
|
Docket Date |
2022-09-22
|
Type |
Notice
|
Subtype |
Notice of Supplemental Authority
|
Description |
Notice of Supplemental Authority
|
On Behalf Of |
ASI Preferred Insurance Corp.
|
|
Docket Date |
2022-07-05
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ AA'S ZOOM RESPONSE
|
On Behalf Of |
The Kidwell Group, LLC
|
|
Docket Date |
2022-06-27
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ AE'S ZOOM RESPONSE
|
On Behalf Of |
ASI Preferred Insurance Corp.
|
|
Docket Date |
2022-06-24
|
Type |
Order
|
Subtype |
Zoom Instructions-OA
|
Description |
ZOOM INSTRUCTIONS-ORAL ARGUMENTS
|
|
Docket Date |
2022-06-17
|
Type |
Response
|
Subtype |
OA Preference Request
|
Description |
ORAL ARGUMENT PREFERENCE REQUEST
|
On Behalf Of |
The Kidwell Group, LLC
|
|
Docket Date |
2022-06-13
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument
|
On Behalf Of |
ASI Preferred Insurance Corp.
|
|
Docket Date |
2022-06-06
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant's Reply Brief
|
On Behalf Of |
The Kidwell Group, LLC
|
|
Docket Date |
2022-05-27
|
Type |
Response
|
Subtype |
Reply
|
Description |
REPLY ~ TO RESPONSE TO MOT FOR FEES
|
On Behalf Of |
ASI Preferred Insurance Corp.
|
|
Docket Date |
2022-05-27
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Miscellaneous Motion ~ FOR LEAVE TO FILE A REPLY TO APPELLANT'S RESPONSE TO APPELLEE'S MOTION FOR APPELLATE ATTORNEYS' FEES; FOR MERIT PANEL CONSIDERATION
|
On Behalf Of |
ASI Preferred Insurance Corp.
|
|
Docket Date |
2022-05-20
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ TO MOT FOR FEES
|
On Behalf Of |
The Kidwell Group, LLC
|
|
Docket Date |
2022-05-19
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees ~ FOR MERIT PANEL CONSIDERATION; GRANTED PER 11/28 ORDER
|
On Behalf Of |
ASI Preferred Insurance Corp.
|
|
Docket Date |
2022-05-19
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief
|
On Behalf Of |
ASI Preferred Insurance Corp.
|
|
Docket Date |
2022-04-19
|
Type |
Brief
|
Subtype |
Amended Initial Brief
|
Description |
Amended Appellant's Initial Brief
|
On Behalf Of |
The Kidwell Group, LLC
|
|
Docket Date |
2022-04-12
|
Type |
Order
|
Subtype |
Order on Motion For Leave To File Amended Brief
|
Description |
ORD-Granting Amended Brief ~ AMENDED IB BY 4/22
|
|
Docket Date |
2022-03-31
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees ~ FOR MERIT PANEL CONSIDERATION; DENIED PER 11/28 ORDER
|
On Behalf Of |
The Kidwell Group, LLC
|
|
Docket Date |
2022-03-31
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
The Kidwell Group, LLC
|
|
Docket Date |
2022-03-31
|
Type |
Motions Relating to Briefs
|
Subtype |
Motion to Amend Brief
|
Description |
Motion For Leave To File Amended Brief
|
On Behalf Of |
The Kidwell Group, LLC
|
|
Docket Date |
2022-03-09
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ 238 PAGES
|
On Behalf Of |
Orange Cty Circuit Ct Clerk
|
|
Docket Date |
2022-02-15
|
Type |
Notice
|
Subtype |
Notice of Related Case or Issue
|
Description |
Notice of Related Case ~ 5D21-1000, 5D21-2955
|
On Behalf Of |
The Kidwell Group, LLC
|
|
Docket Date |
2022-01-21
|
Type |
Order
|
Subtype |
Order Declining Referral to Mediation
|
Description |
ORD- Declining Referral to Mediation
|
|
Docket Date |
2022-01-20
|
Type |
Mediation
|
Subtype |
Mediation Questionnaire
|
Description |
Mediation Questionnaire ~ AE Kenneth B. Bell 0347035
|
On Behalf Of |
ASI Preferred Insurance Corp.
|
|
Docket Date |
2022-01-18
|
Type |
Order
|
Subtype |
Order
|
Description |
ORD - Appeal to Proceed ~ CONCURRENT MOT EOT DENIED W/OUT PREJUDICE...
|
|
Docket Date |
2022-01-13
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ OF COMPLIANCE W/ AMENDED LT FINAL JUDGMENT ATTACHED & MOTION TO SUPP ROA
|
On Behalf Of |
The Kidwell Group, LLC
|
|
Docket Date |
2021-12-15
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
ASI Preferred Insurance Corp.
|
|
Docket Date |
2021-12-14
|
Type |
Order
|
Subtype |
Order on Motion to Relinquish Jurisdiction
|
Description |
ORD-Granting Relinquishment of Jurisdiction ~ UNTIL 1/13; 12/6 OTSC IS DISCHARGED
|
|
Docket Date |
2021-12-10
|
Type |
Mediation
|
Subtype |
Mediation Questionnaire
|
Description |
Mediation Questionnaire ~ AA Chad A. Barr 0055365
|
On Behalf Of |
The Kidwell Group, LLC
|
|
Docket Date |
2021-12-07
|
Type |
Motions Other
|
Subtype |
Motion To Relinquish Jurisdiction
|
Description |
Motion To Relinquish Jurisdiction
|
On Behalf Of |
The Kidwell Group, LLC
|
|
Docket Date |
2021-12-06
|
Type |
Order
|
Subtype |
Order to Show Cause
|
Description |
Order to Show Cause ~ AA W/IN 10 DYS RE: WHY APPEAL SHOULD NOT BE DISMISSED LACK OF JURIS
|
|
Docket Date |
2021-12-02
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
Order to pay filing fee - Civil appeal (300)
|
|
Docket Date |
2021-12-02
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgement Letter 1
|
|
Docket Date |
2021-12-02
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
CASE FILING FEE PAID THROUGH PORTAL
|
|
Docket Date |
2021-12-02
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ FILED BELOW 11/23/21
|
On Behalf Of |
The Kidwell Group, LLC
|
|
|
MERIBETH GRATKOWSKI VS ASI PREFERRED INSURANCE CORP.
|
2D2021-2545
|
2021-08-18
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Other
|
Court |
2nd District Court of Appeal
|
Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Lee County
20-CA-002543
|
Parties
Name |
MERIBETH GRATKOWSKI
|
Role |
Appellant
|
Status |
Active
|
Representations |
SEAN SAVAL, ESQ.
|
|
Name |
ASI PREFERRED INSURANCE CORP.
|
Role |
Appellee
|
Status |
Active
|
Representations |
THOMAS A. KELLER, ESQ., PATRICK E. BETAR, ESQ.
|
|
Name |
HON. LEIGH FRIZZELL - HAYES
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
LEE CLERK
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2022-04-19
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ APPELLEE'S RESPONSE TO MOTION FOR CONTINGENT AWARDOF APPELLATE ATTORNEYS' FEES AND COSTS
|
On Behalf Of |
ASI PREFERRED INSURANCE CORP.
|
|
Docket Date |
2022-04-19
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees
|
On Behalf Of |
MERIBETH GRATKOWSKI
|
|
Docket Date |
2022-04-01
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ AGREED EXTENSION OF TIME TO FILE REPLY BRIEF//15 - RB DUE 4/18/22
|
On Behalf Of |
MERIBETH GRATKOWSKI
|
|
Docket Date |
2022-12-20
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2022-12-20
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2022-12-20
|
Type |
Order
|
Subtype |
Order on Motion for Rehearing
|
Description |
ORD-DENYING REHEARING ~ Appellee's motion for rehearing is denied. The clerk is directed to issue themandate contemporaneously with this order.
|
|
Docket Date |
2022-12-15
|
Type |
Post-Disposition Motions
|
Subtype |
Motion for Rehearing
|
Description |
Motion For Rehearing
|
On Behalf Of |
ASI PREFERRED INSURANCE CORP.
|
|
Docket Date |
2022-11-30
|
Type |
Order
|
Subtype |
Order
|
Description |
Miscellaneous Order ~ Appellant has filed a motion for appellate attorney's fees pursuant to section 627.428(1), Florida Statutes (2021). The motion is granted, contingent upon Appellant prevailing in the proceedings below. The trial court shall determine the appropriate amount of any such award. See Fla. R. App. P. 9.400(b).
|
|
Docket Date |
2022-11-30
|
Type |
Disposition by Opinion
|
Subtype |
Reversed
|
Description |
Reversed - Authored Opinion ~ and remanded for further proceeding consistent with this opinion.
|
|
Docket Date |
2022-05-27
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ APPELLANT'S NOTICE OF COMPLIANCE
|
On Behalf Of |
MERIBETH GRATKOWSKI
|
|
Docket Date |
2022-05-19
|
Type |
Record
|
Subtype |
Supplemental Record
|
Description |
Supplemental Records ~ REDACTED - 33 PAGES
|
|
Docket Date |
2022-05-17
|
Type |
Order
|
Subtype |
Order to Transmit Record/Supplemental Record on Appeal
|
Description |
arrange for record transmission within * days ~ The appellant shall arrange for supplemental record transmission within 10 days.
|
|
Docket Date |
2022-05-09
|
Type |
Misc. Events
|
Subtype |
Status Report
|
Description |
Status Report
|
On Behalf Of |
LEE CLERK
|
|
Docket Date |
2022-05-05
|
Type |
Order
|
Subtype |
Order to File Status Report
|
Description |
status report within * days ~ The circuit court clerk shall file a status report on preparation of the supplemental record within 10 days.
|
|
Docket Date |
2022-04-19
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant Reply Brief
|
On Behalf Of |
MERIBETH GRATKOWSKI
|
|
Docket Date |
2022-02-23
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ 30 - RB DUE 4/3/22
|
On Behalf Of |
MERIBETH GRATKOWSKI
|
|
Docket Date |
2022-02-02
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee Answer Brief
|
On Behalf Of |
ASI PREFERRED INSURANCE CORP.
|
|
Docket Date |
2022-01-19
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ NOTICE OF AGREED EXTENSION OF TIME TO FILE ANSWER BRIEF//15 - AB DUE 2/7/22
|
On Behalf Of |
ASI PREFERRED INSURANCE CORP.
|
|
Docket Date |
2021-12-15
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ NOTICE OF AGREED EXTENSION OF TIME TO FILE ANSWER BRIEF//30 - AB DUE 1/21/22
|
On Behalf Of |
ASI PREFERRED INSURANCE CORP.
|
|
Docket Date |
2021-11-22
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Appellant Brief on Merits
|
On Behalf Of |
MERIBETH GRATKOWSKI
|
|
Docket Date |
2021-11-18
|
Type |
Order
|
Subtype |
Order on Motion to Supplement Record
|
Description |
ORDER GRANTING MOTION TO SUPPLEMENT THE RECORD ~ Appellant's motion to supplement the record is granted, and appellant shall make arrangements within three days with the clerk of the lower tribunal 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.
|
|
Docket Date |
2021-11-17
|
Type |
Motions Relating to Records
|
Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
Description |
Motion To File Supplemental Record
|
On Behalf Of |
MERIBETH GRATKOWSKI
|
|
Docket Date |
2021-10-29
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ HAYES - REDACTED - 460 PAGES
|
|
Docket Date |
2021-10-21
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ 30 - IB DUE 11/20/21
|
On Behalf Of |
MERIBETH GRATKOWSKI
|
|
Docket Date |
2021-10-11
|
Type |
Misc. Events
|
Subtype |
Status Report
|
Description |
Status Report ~ NOTICE OF INABILITY TO TRANSMIT THE RECORD
|
On Behalf Of |
LEE CLERK
|
|
Docket Date |
2021-08-24
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance ~ APPELLEE'S NOTICE OF APPEARANCE AND E-MAIL DESIGNATIONPURSUANT TO FLORIDA RULE OF JUDICIAL ADMINISTRATION 2.516
|
On Behalf Of |
ASI PREFERRED INSURANCE CORP.
|
|
Docket Date |
2021-08-18
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ WITH ORDER
|
On Behalf Of |
MERIBETH GRATKOWSKI
|
|
Docket Date |
2021-08-18
|
Type |
Misc. Events
|
Subtype |
Certificate of Service
|
Description |
Certificate of Service
|
On Behalf Of |
MERIBETH GRATKOWSKI
|
|
Docket Date |
2021-08-18
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter 1
|
|
Docket Date |
2021-08-18
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
fee - civil; atty
|
|
|
HUGH MCCALLUM, et al., VS ASI PREFERRED INSURANCE CORPORATION,
|
3D2021-1555
|
2021-07-29
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Other
|
Court |
3rd District Court of Appeal
|
Originating Court |
Circuit Court for the Sixteenth Judicial Circuit, Monroe County
16-466-P
|
Parties
Name |
HUGH MCCALLUM, INC.
|
Role |
Appellant
|
Status |
Active
|
Representations |
MAXWELL S. BARNARD
|
|
Name |
SUZANNE MCCALLUM
|
Role |
Appellant
|
Status |
Active
|
|
Name |
ASI PREFERRED INSURANCE CORP.
|
Role |
Appellee
|
Status |
Active
|
Representations |
PATRICK E. BETAR, Evelyn M. Merchant, RICARDO J. FERNANDEZ
|
|
Name |
Hon. Luis Garcia
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Monroe Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2021-10-26
|
Type |
Notice
|
Subtype |
Voluntary Dismissal
|
Description |
Voluntary Dismissal Recognized (OG33) ~ IT IS HEREBY ORDERED that the appellants’ Notice of Voluntary Dismissal is recognized by the Court, and this appeal from the Circuit Court for Monroe County, Florida, is hereby dismissed. Upon consideration of Appellee’s Motion for Entitlement to Appellate Fees and Costs, it is ordered that said Motion is conditionally granted, contingent upon the trial court’s determination that the offer of judgment satisfies the conditions of section 768.79, Florida Statutes, and Florida Rule of Civil Procedure 1.442.
|
|
Docket Date |
2021-10-26
|
Type |
Mandate
|
Subtype |
Disp. w/o Mandate
|
Description |
Disp w/o mandate
|
|
Docket Date |
2021-10-26
|
Type |
Disposition by Opinion
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Judge
|
|
Docket Date |
2021-10-26
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2021-10-22
|
Type |
Motions Other
|
Subtype |
Motion/Notice Voluntary Dismissal
|
Description |
Notice of Voluntary Dismissal
|
On Behalf Of |
HUGH MCCALLUM
|
|
Docket Date |
2021-10-12
|
Type |
Order
|
Subtype |
Order to File Response
|
Description |
Order Response: Motion (OR23) ~ Appellants are ordered to file a response, within ten (10) days from the date of this Order, to Appellee's Motion to Dismiss.
|
|
Docket Date |
2021-09-21
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees ~ APPELLEE'S MOTION FOR ENTITLEMENT TO APPELLATE FEES AND COSTS PURSUANT TO SECTION 768.79, FLORIDA STATUTES
|
On Behalf Of |
ASI PREFERRED INSURANCE CORP.
|
|
Docket Date |
2021-09-21
|
Type |
Order
|
Subtype |
Order
|
Description |
MISCELLANEOUS ORDER (OR999) ~ Whereas the time for compliance with this Court's August 6,2021, Order has expired, the condensed transcripts remain stricken andshall not be considered by the Court.
|
|
Docket Date |
2021-09-21
|
Type |
Motions Other
|
Subtype |
Motion To Dismiss
|
Description |
Motion To Dismiss ~ MOTION TO DISMISS OF APPELLEE ASI PREFERRED INSURANCE CORP.
|
On Behalf Of |
ASI PREFERRED INSURANCE CORP.
|
|
Docket Date |
2021-08-11
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
Case Filing Fee Paid Through Portal
|
On Behalf Of |
HUGH MCCALLUM
|
|
Docket Date |
2021-08-06
|
Type |
Order
|
Subtype |
Order to Transmit Record/Supplemental Record on Appeal
|
Description |
Non-Conforming Transcript Stricken ~ Upon review of the record/affidavits filed in this case, the Courthas determined that condensed transcripts fail to comply with therequirements of Florida Rules of Appellate Procedure 9.200(b)(4) and9.220(c)(4). Any such condensed transcripts filed after January 1, 2019,are hereby stricken. The responsible party (the party who seeks to havethe transcripts considered by this Court) shall file transcripts that complywith the Florida Rules of Appellate Procedure within thirty (30) days fromthe date of this Order.
|
|
Docket Date |
2021-08-04
|
Type |
Record
|
Subtype |
Index
|
Description |
Index
|
On Behalf Of |
Monroe Clerk
|
|
Docket Date |
2021-07-29
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
HUGH MCCALLUM
|
|
Docket Date |
2021-07-29
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter ~ Acknowledgment of new case letter with attachments. The 3DCA $300 filing fee for a notice of appeal is due.
|
|
Docket Date |
2021-07-29
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
Order to pay filing fee-civil w/atty (OR14B) ~ 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 August 8, 2021.
|
|
Docket Date |
2021-07-29
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
|
CARL REDLHAMMER, VS ASI PREFERRED INSURANCE CORP.,
|
3D2020-1772
|
2020-11-30
|
Closed
|
|
Classification |
NOA Non Final - Circuit Civil - Other
|
Court |
3rd District Court of Appeal
|
Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
20-14216
|
Parties
Name |
CARL REDLHAMMER
|
Role |
Appellant
|
Status |
Active
|
Representations |
Mark J. Mintz, Marshal E. Mintz, Timothy H. Crutchfield
|
|
Name |
ASI PREFERRED INSURANCE CORP.
|
Role |
Appellee
|
Status |
Active
|
Representations |
ANDREW S. GENDEN, PATRICK E. BETAR, Evelyn M. Merchant
|
|
Name |
Hon. Reemberto Diaz
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Miami-Dade Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2022-01-14
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2021-12-29
|
Type |
Disposition by Opinion
|
Subtype |
Reversed
|
Description |
Reversed - Authored Opinion ~ Reversed and remanded for further proceedings consistent with this opinion.
|
|
Docket Date |
2021-12-29
|
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, it is ordered that said Motion is granted, conditioned upon Appellant ultimately obtaining a judgment against Appellee as required by section 627.428, Florida Statutes.
|
|
Docket Date |
2021-12-14
|
Type |
Misc. Events
|
Subtype |
Oral Argument Date Set
|
Description |
Oral Argument Date Set ~ 3DCA
|
|
Docket Date |
2021-10-27
|
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, DECEMBER 14, 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.
|
On Behalf Of |
ASI PREFERRED INSURANCE CORP.
|
|
Docket Date |
2021-10-13
|
Type |
Notice
|
Subtype |
Notice of Filing
|
Description |
Notice of Filing ~ APPELLANTS NOTICE OF FILINGOF ACKNOWLEDGMENT OF ORAL ARGUMENT
|
On Behalf Of |
CARL REDLHAMMER
|
|
Docket Date |
2021-10-12
|
Type |
Notice
|
Subtype |
Notice of Oral Argument
|
Description |
Notice of Oral Argument ~ The above-styled cause will be set for oral argument during the week of December 13, 2021, before the Third District Court of Appeal, which is located at 2001 S.W. 117 Avenue, Miami, Florida 33175-1716.All counsel and self-represented parties (if applicable) who will appear to argue this cause before the Court must complete and return the attached Notice of Acknowledgment within seven (7) days of this Notice. The parties will be allowed FILLIN "10, 15 or 20 minutes" \* MERGEFORMAT fifteen (15) minutes per side to present their arguments. PLEASE NOTE THIS NOTICE AND THE ATTACHED ACKNOWLEDGEMENT FORM HAVE CHANGED. PLEASE READ CAREFULLY. THE PARTIES MAY SELECT IN-PERSON OR REMOTE APPEARANCE. COUNSEL (AND SELF-REPRESENTED PARTIES, IF APPLICABLE) MUST CONFER AND SEEK AGREEMENT UPON THE METHOD OF APPEARANCE (IN-PERSON OR REMOTE) PRIOR TO COMPLETING AND RETURNING THE ATTACHED NOTICE OF ACKNOWLEDGEMENT FORM. Upon receipt of the acknowledgement form, the Court shall send out a notice of in-person (if all parties agree to appear in-person), remote (if all parties agree to appear remotely), or hybrid (if one or more parties will appear in-person, but other(s) will appear remotely) oral argument.It is your responsibility to contact the Clerk’s office if you do not receive a notice reflecting the specific date and time for oral argument 7 days before the week specified above. 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. The Court reserves the right to remove the case from the oral argument calendar at any time before the date of oral argument. Additionally, the Court reserves the right to change the date, time, and method of appearance of the oral argument. Please review any amended or updated notice carefully. Similar or related cases should be brought to the attention of the Oral Argument Clerk at (305) 229-3200 ext. 3258. Absence of counsel at the time this case is called shall be deemed a waiver of oral argument.
|
|
Docket Date |
2021-07-21
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant's Reply Brief
|
On Behalf Of |
CARL REDLHAMMER
|
|
Docket Date |
2021-06-22
|
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 Motion for an Extension of Time to File the Reply Brief is granted to and including July 21, 2021, with no further extensions allowed.
|
|
Docket Date |
2021-06-21
|
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 |
CARL REDLHAMMER
|
|
Docket Date |
2021-05-20
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief
|
On Behalf Of |
ASI PREFERRED INSURANCE CORP.
|
|
Docket Date |
2021-04-05
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Recognizing Agreed Extension of Time ~ AB-45 days to 5/27/21
|
|
Docket Date |
2021-04-01
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Notice of Agreed Extension of Time ~ APPELLEE'S NOTICE OF AGREED EOT TO FILE ANSWER BRIEF
|
On Behalf Of |
ASI PREFERRED INSURANCE CORP.
|
|
Docket Date |
2021-03-15
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ RESPONSE TO APPELLEE'S MOTION FOR ATTORNEY'S FEES
|
On Behalf Of |
ASI PREFERRED INSURANCE CORP.
|
|
Docket Date |
2021-03-12
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
CARL REDLHAMMER
|
|
Docket Date |
2021-03-12
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix ~ to initial brief
|
On Behalf Of |
CARL REDLHAMMER
|
|
Docket Date |
2021-03-12
|
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
|
On Behalf Of |
CARL REDLHAMMER
|
|
Docket Date |
2021-03-12
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument
|
On Behalf Of |
CARL REDLHAMMER
|
|
Docket Date |
2021-02-12
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
Ext-gr initial brief no further extensions (OG03B) ~ Appellant’s Third Motion for Extension of Time to File the Initial Brief is granted to and including March 12, 2021, with no further extensions allowed. If said brief is not timely filed in accordance with this Order, the appeal will be subject to dismissal.
|
|
Docket Date |
2021-02-10
|
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 |
CARL REDLHAMMER
|
|
Docket Date |
2021-01-11
|
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 |
CARL REDLHAMMER
|
|
Docket Date |
2021-01-11
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Clerk's notice granting eot (CLKEX) ~ IB-30 days to 02/10/2021
|
|
Docket Date |
2020-12-10
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Clerk's notice granting eot (CLKEX) ~ IB-30 days to 01/11/2021
|
|
Docket Date |
2020-12-10
|
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 |
CARL REDLHAMMER
|
|
Docket Date |
2020-12-01
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
Case Filing Fee Paid Through Portal
|
On Behalf Of |
CARL REDLHAMMER
|
|
Docket Date |
2020-11-30
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
CARL REDLHAMMER
|
|
Docket Date |
2020-11-30
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter ~ Acknowledgment of new case letter with attachments. The $300 filing fee for a notice of appeal is due.
|
|
Docket Date |
2020-11-30
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
Docket Date |
2020-11-30
|
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 December 10, 2020.
|
|
|
SARA MENDEZ, VS ASI PREFERRED INSURANCE CORP.,
|
3D2020-1009
|
2020-07-17
|
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
15-29669
|
Parties
Name |
SARA MENDEZ, INC.
|
Role |
Appellant
|
Status |
Active
|
Representations |
James M. Mahaffey, III, DAVID B. PAKULA, David Avellar Neblett
|
|
Name |
ASI PREFERRED INSURANCE CORP.
|
Role |
Appellee
|
Status |
Active
|
Representations |
PATRICK E. BETAR, Evelyn M. Merchant
|
|
Name |
HON. RODOLFO A. RUIZ
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
HON. ALAN FINE
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Miami-Dade Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2020-07-17
|
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 July 27, 2020.
|
|
Docket Date |
2020-07-17
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
Docket Date |
2021-10-01
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2021-10-01
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2021-09-15
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed - Authored Opinion
|
|
Docket Date |
2021-09-15
|
Type |
Motion
|
Subtype |
Attorney's Fees
|
Description |
Attorneys fees denied (OD47) ~ Upon consideration of Appellant’s Motion for Attorney’s Fees, it is ordered that said Motion is hereby denied.
|
|
Docket Date |
2021-09-02
|
Type |
Order
|
Subtype |
Order on Motion/Request for Oral Argument
|
Description |
Order Denying ORAL ARGUMENT ~ Upon consideration, the appellant’s Request for Oral Argument is hereby denied.
|
|
Docket Date |
2021-07-13
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant's Reply Brief
|
On Behalf Of |
Sara Mendez
|
|
Docket Date |
2021-06-15
|
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 Unopposed 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 |
2021-06-11
|
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 |
Sara Mendez
|
|
Docket Date |
2021-05-14
|
Type |
Order
|
Subtype |
Order on Motion to Supplement Record
|
Description |
Mot to Supplement Rec w/attachment Granted (OG13) ~ Appellee’s Unopposed Motion to Supplement the Record, filed on May 13, 2021, is granted, and the record on appeal is supplemented to include the document that is attached to said Motion.
|
|
Docket Date |
2021-05-13
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief
|
On Behalf Of |
ASI PREFERRED INSURANCE CORP.
|
|
Docket Date |
2021-05-13
|
Type |
Motions Relating to Records
|
Subtype |
Motion to Supplement Record
|
Description |
Motion to Supplement the Record
|
On Behalf Of |
ASI PREFERRED INSURANCE CORP.
|
|
Docket Date |
2021-04-06
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Recognizing Agreed Extension of Time ~ AB-40 days to 5/19/21
|
|
Docket Date |
2021-04-06
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Notice of Agreed Extension of Time
|
On Behalf Of |
ASI PREFERRED INSURANCE CORP.
|
|
Docket Date |
2021-03-01
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Notice of Agreed Extension of Time
|
On Behalf Of |
ASI PREFERRED INSURANCE CORP.
|
|
Docket Date |
2021-03-01
|
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 February 8, 2021, is granted, and the record on appeal is supplemented to include the documents that are attached to said Motion.
|
|
Docket Date |
2021-02-11
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ RESPONSE TO MOTION FOR ATTORNEYS' FEES
|
On Behalf Of |
ASI PREFERRED INSURANCE CORP.
|
|
Docket Date |
2021-02-08
|
Type |
Motions Relating to Records
|
Subtype |
Motion to Supplement Record
|
Description |
Motion to Supplement the Record
|
On Behalf Of |
Sara Mendez
|
|
Docket Date |
2021-02-08
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument
|
On Behalf Of |
Sara Mendez
|
|
Docket Date |
2021-02-08
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
Sara Mendez
|
|
Docket Date |
2021-02-08
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees ~ APPELLANT'S MOTION FOR ATTORNEY'S FEES
|
On Behalf Of |
Sara Mendez
|
|
Docket Date |
2021-01-26
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
Ext-gr initial brief no further extensions (OG03B) ~ Appellant's Motion for Extension of Time to file the initial brief is granted to and including fifteen (15) days from the date of this Order, with no further extensions allowed. If said brief is not timely filed in accordance with this Order, the appeal will be subject to dismissal.
|
|
Docket Date |
2021-01-22
|
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 |
Sara Mendez
|
|
Docket Date |
2020-11-18
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Recognizing Agreed Extension of Time ~ IB-60 Days to 01/22/2021
|
|
Docket Date |
2020-11-17
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Notice of Agreed Extension of Time
|
On Behalf Of |
Sara Mendez
|
|
Docket Date |
2020-10-01
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
ASI PREFERRED INSURANCE CORP.
|
|
Docket Date |
2020-09-17
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Notice of Agreed Extension of Time
|
On Behalf Of |
Sara Mendez
|
|
Docket Date |
2020-09-17
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Recognizing Agreed Extension of Time ~ IB-60 Days to 11/23/2020
|
|
Docket Date |
2020-09-08
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Record on Appeal
|
On Behalf Of |
Miami-Dade Clerk
|
|
Docket Date |
2020-07-17
|
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 |
2020-07-17
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
Sara Mendez
|
|
|