| Docket Date |
2022-11-14
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2022-11-14
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissed for Lack of Jurisdiction ~ ORDERED that, upon consideration of appellee’s October 27, 2022 response to appellant’s October 20, 2022 jurisdictional brief, the above-styled appeal is dismissed for lack of jurisdiction. See Fla. R. App. P. 9.130(a)(3)(G) (allowing for the immediate appeal of orders that “grant or deny a motion for leave to amend to assert a claim for punitive damages”); Insignia Homes, Inc. v. Hinden, 675 So. 2d 673, 674 (Fla. 4th DCA 1996) (“An order denying a motion to dismiss is a non-appealable, nonfinal order.”). Because the record before this court does not reflect that appellee, the plaintiff below, made an initial showing by evidence in the record or by proffer which would provide a reasonable basis for recovery of punitive damages for claims brought under Florida law, this order is without prejudice to appellant compelling appellee’s compliance with the requirements of section 768.72, Florida Statutes (2022). Further, ORDERED that appellant’s November 9, 2022 motion for extension of time to file initial brief is determined to be moot. WARNER, DAMOORGIAN and CONNER, JJ., concur.
|
|
| Docket Date |
2022-11-10
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ IN OPPOSITION TOAPPELLANT'S MOTION FOR EXTENSION OF TIMETO SERVE INITIAL BRIEF
|
| On Behalf Of |
Alejandro Tinelfi Fuertes Rodriguez
|
|
| Docket Date |
2022-11-09
|
| 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 |
The First Liberty Insurance Corporation
|
|
| Docket Date |
2022-10-27
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Alejandro Tinelfi Fuertes Rodriguez
|
|
| Docket Date |
2022-10-27
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO FIRST LIBERTY INSURANCE CORPORRATIONS' JURISDICTIONAL STATEMENT
|
| On Behalf Of |
Alejandro Tinelfi Fuertes Rodriguez
|
|
| Docket Date |
2022-10-20
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO APPELLANT'S JURISDICTIONAL BRIEF
|
| On Behalf Of |
The First Liberty Insurance Corporation
|
|
| Docket Date |
2022-10-20
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
The First Liberty Insurance Corporation
|
|
| Docket Date |
2022-10-18
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant’s October 11, 2022 motion for extension of time is granted, and appellant shall serve the initial brief on or before November 11, 2022. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2022-10-11
|
| 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 |
The First Liberty Insurance Corporation
|
|
| Docket Date |
2022-10-10
|
| 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, appellant 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. Appellant shall specifically address how the September 16, 2022 order is an appealable final or nonfinal order, as it appears the order merely denies a motion to dismiss. See Fla. R. App. P. 9.130; Couto v. People’s Tr. Ins. Co., 320 So. 3d 224, 225 n.1 (Fla. 3d DCA 2021) (explaining an order denying a motion to dismiss is a nonappealable, nonfinal order); Insignia Homes, Inc. v. Hinden, 675 So. 2d 673, 674 (Fla. 4th DCA 1996) (“An order denying a motion to dismiss is a nonappealable, nonfinal order.”). Further,Appellee may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2022-10-04
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
The First Liberty Insurance Corporation
|
|
| Docket Date |
2022-10-03
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee 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 |
2022-10-03
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
The First Liberty Insurance Corporation
|
|
| Docket Date |
2022-10-03
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-09-30
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-09-30
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
The First Liberty Insurance Corporation
|
|
