| Docket Date |
2022-09-13
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 44 DAYS TO 11/04/2022
|
|
| Docket Date |
2023-05-19
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2023-04-27
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-Denying Rehearing ~ ORDERED that appellee's April 4, 2023 motion for rehearing is denied.
|
|
| Docket Date |
2023-04-27
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-04-19
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Travelers Home and Marine Insurance Company
|
|
| Docket Date |
2023-04-04
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing
|
| On Behalf Of |
West Boca Collision, Inc.
|
|
| Docket Date |
2023-03-29
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed - Per Curiam Opinion
|
|
| Docket Date |
2023-03-29
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney Fees-Offer Judg. ~ ORDERED that appellant Travelers Home and Marine Insurance Company’s December 27, 2022 appellate motion for attorney's fees is granted conditioned on the trial court determining that appellant is entitled to fees under section 768.79, Florida Statutes (2021), and if so, setting the amount of the attorney's fees to be awarded for this appellate case. If a motion for rehearing is filed in this court, then services rendered in connection with the motion, including, but not limited to, preparation of a responsive pleading, shall be taken into account in computing the amount of the fee.
|
|
| Docket Date |
2023-03-07
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ 4DCA
|
|
| Docket Date |
2022-08-22
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Travelers Home and Marine Insurance Company
|
|
| Docket Date |
2022-08-22
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
Travelers Home and Marine Insurance Company
|
|
| Docket Date |
2022-07-21
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 08/22/2022
|
|
| Docket Date |
2022-07-21
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Travelers Home and Marine Insurance Company
|
|
| Docket Date |
2022-06-17
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Travelers Home and Marine Insurance Company
|
|
| Docket Date |
2022-06-17
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 07/21/2022
|
|
| Docket Date |
2022-05-18
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 06/20/2022
|
|
| Docket Date |
2022-05-18
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Travelers Home and Marine Insurance Company
|
|
| Docket Date |
2022-04-25
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
ORD-Allowing Attachment to Record ~ ORDERED that appellants' April 22, 2022 motion to supplement the record is granted, and the record is supplemented to include the transcript of the proceeding held before the Honorable Frank Castor on February 16, 2022. Said supplemental record is deemed filed as of the date of this order.
|
|
| Docket Date |
2022-04-25
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records
|
| On Behalf Of |
Travelers Home and Marine Insurance Company
|
|
| Docket Date |
2022-04-22
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
Travelers Home and Marine Insurance Company
|
|
| Docket Date |
2022-04-19
|
| Type |
Record
|
| Subtype |
Transcript
|
| Description |
Transcript Received ~ 27 PAGES
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2022-03-23
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
West Boca Collision, Inc.
|
|
| Docket Date |
2023-02-22
|
| Type |
Order
|
| Subtype |
Order on Motion To Strike
|
| Description |
Deny Motion to Strike ~ ORDERED that the appellee's December 28, 2023 motion to strike is denied.
|
|
| Docket Date |
2022-12-29
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO APPELLEE WEST BOCA COLLISION, INC.'S MOTION TO STRIKE APPELLANTS' REPLY BRIEF
|
| On Behalf Of |
Travelers Home and Marine Insurance Company
|
|
| Docket Date |
2022-12-28
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike
|
| On Behalf Of |
West Boca Collision, Inc.
|
|
| Docket Date |
2022-12-27
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Travelers Home and Marine Insurance Company
|
|
| Docket Date |
2022-12-27
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ **RESPONSE FILED 12/29/2022**
|
| On Behalf Of |
Travelers Home and Marine Insurance Company
|
|
| Docket Date |
2022-12-22
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ APPELLEE'S DESIGNATION REGARDING ORAL ARGUMENT
|
| On Behalf Of |
West Boca Collision, Inc.
|
|
| Docket Date |
2022-12-21
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ REGARDING ORAL ARGUMENT SCHEDULED FOR MARCH 7, 2023
|
| On Behalf Of |
Travelers Home and Marine Insurance Company
|
|
| Docket Date |
2022-12-14
|
| Type |
Order
|
| Subtype |
Order on Motion To Strike
|
| Description |
Grant Motion to Strike ~ ORDERED that the appellants' December 12, 2022 motion to strike is granted, and the appellee’s answer brief is stricken. Appellee shall file an amended brief within seven (7) days from the date of this order, eliminating any discussion whatsoever of the content of the deposition taken.
|
|
| Docket Date |
2022-12-14
|
| Type |
Brief
|
| Subtype |
Amended Answer Brief
|
| Description |
Amended Appellee's Answer Brief
|
| On Behalf Of |
West Boca Collision, Inc.
|
|
| Docket Date |
2022-12-14
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Travelers Home and Marine Insurance Company
|
|
| Docket Date |
2022-12-12
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike ~ APPELLEE WEST BOCA COLLISION, INC.'S ANSWER BRIEF
|
| On Behalf Of |
Travelers Home and Marine Insurance Company
|
|
| Docket Date |
2022-12-06
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief
|
| On Behalf Of |
Travelers Home and Marine Insurance Company
|
|
| Docket Date |
2022-12-06
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 15 DAYS TO 12/21/2022
|
|
| Docket Date |
2022-12-01
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO APPELLEE'S MOTION FOR APPELLATE ATTORNEYS' FEES OR ALTERNATIVECONDITIONAL AWARD OF APPELLATE ATTORNEYS' FEES
|
| On Behalf Of |
Travelers Home and Marine Insurance Company
|
|
| Docket Date |
2022-11-16
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ **RESPONSE FILED 12/01/2022**
|
| On Behalf Of |
West Boca Collision, Inc.
|
|
| Docket Date |
2022-11-04
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
West Boca Collision, Inc.
|
|
| Docket Date |
2022-11-03
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records
|
| On Behalf Of |
West Boca Collision, Inc.
|
|
| Docket Date |
2022-11-01
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORD-Denying Aplee's Motion to Dismiss ~ ORDERED that appellee’s October 4, 2022 motion to partially dismiss appeal and strike argument section II of appellants’ initial brief is denied. See Fla. R. App. P. 9.110(h); Ruppel v. Gulf Winds Apartments, Inc., 508 So. 2d 534, 535 (Fla. 2d DCA 1987). Further,ORDERED that appellee’s October 17, 2022 motion to supplement the record on appeal is granted in part to the extent it seeks to supplement the record with the notice of taking deposition for use of testimony at trial. See Poteat v. Guardianship of Poteat, 771 So. 2d 569, 573 (Fla. 4th DCA 2000) (“The purpose of rule 9.200(f) is to allow supplementation of the record submitted to the appellate court, with an item which was considered by the trial court, but was omitted from the record on appeal.”). Appellee’s October 4, 2022 proposed supplemental record is stricken without prejudice to appellee refiling a proposed supplemental record which only includes the document supplemented by this order.
|
|
| Docket Date |
2022-10-20
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken as Unauthorized ~ ORDERED sua sponte that appellee's October 19, 2022 reply is stricken as unauthorized.
|
|
| Docket Date |
2022-10-19
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO APPELLEE'S MOTION TO PARTIALLY DISMISS APPEAL AND STRIKE ARGUMENT SECTION II OF APPELLANT'S INITIAL BRIEF
|
| On Behalf Of |
Travelers Home and Marine Insurance Company
|
|
| Docket Date |
2022-10-04
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ **STRICKEN, SEE 11/01/2022 ORDER** PROPOSED
|
| On Behalf Of |
West Boca Collision, Inc.
|
|
| Docket Date |
2022-10-17
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record ~ **GRANTED IN PART. SEE 11/01/2022 ORDER.** AMENDED
|
| On Behalf Of |
West Boca Collision, Inc.
|
|
| Docket Date |
2022-10-04
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
West Boca Collision, Inc.
|
|
| Docket Date |
2022-10-04
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss ~ MOTION TO PARTIALLY DISMISS APPEAL AND STRIKE ARGUMENT SECTION II OF APPELLANTS' INITIAL BRIEF
|
| On Behalf Of |
West Boca Collision, Inc.
|
|
| Docket Date |
2022-09-13
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
West Boca Collision, Inc.
|
|
| Docket Date |
2022-03-18
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2022-03-18
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to Set Briefing Schedule
|
| Description |
Mot. to set briefing schedule
|
| On Behalf Of |
Travelers Home and Marine Insurance Company
|
|
| Docket Date |
2022-03-14
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Document
|
| Description |
Misc. LT pleadings ~ *CIVIL COVER SHEET
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2022-03-14
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-03-11
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Travelers Home and Marine Insurance Company
|
|
| Docket Date |
2022-03-11
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2023-02-28
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED that, having reconsidered the jurisdictional issue, this appeal is dismissed as to the portion of the order precluding the use of the examination under oath at a subsequent trial. That order is not an appealable nonfinal order, nor can it be appealed in connection with the order assessing attorney’s fees against appellant Scott Albee. In Ruppel v. Gulf Winds Apartments, Inc., 508 So. 2d 534 (Fla. 2d DCA 1987), the court explained that not all prior orders are appealable pursuant to Florida Rule of Appellate Procedure 9.110(h) when an attorney sanction order is issued. The court explained: Developers maintain that under Florida Rule of Appellate Procedure 9.110(h), one final order in the case allows the court to review all earlier nonfinal orders, that Rule anticipates that the court has entered a final judgment in the case. The attorney’s fee order is considered the culmination of a separate case, in the nature of separate supplementary proceedings. Because the attorney’s fee order did not dispose of any substantive issues in the case, it is not a final order for purposes of Rule 9.110(h). The order denying the motion to dismiss was not “entered as a necessary step” or “as an aspect of the final adjudication appealed.” Id. at 535 (emphasis supplied). Applying Ruppel here, the attorney fee sanction award against appellant Albee is a separate case from the breach of contract insurance case and the monetary sanction did not dispose of any substantive issues in the contract case. Accordingly, appellant Albee’s appeal of the monetary sanction final order does not provide a means for this court’s review under rule 9.110(h) of the order excluding the use of the EUO. Appellant Albee alternatively argues that this court has jurisdiction pursuant to rule 9.110(k), which allows for review of a partial final judgment. See Fla. R. App. P. 9.110(k) (stating “[t]he scope of review of a partial final judgment may include any ruling or matter occurring before filing of the notice of appeal so long as such ruling or matter is directly related to an aspect of the partial final judgment under review”). However, just as with rule 9.110(h), appellant Albee’s fee sanction is a separate case from the breach of contract case brought by the appellee, not a partial judgment as to that case. See Ruppel, 508 So. 2d at 535.WARNER, GERBER and LEVINE, JJ., concur.
|
|
| Docket Date |
2022-12-20
|
| Type |
Order
|
| Subtype |
Order Re: Video Oral Argument
|
| Description |
Order Re: Video Oral Argument ~ ORDERED that oral argument in this case is scheduled for March 7, 2023, at 12:15 P.M. for 15 minutes per side through Zoom video conference. In criminal cases where a victim, as defined in Article I, Section 16(e) of the Florida Constitution, has invoked their right to notice under Article I, Section 16(b)(6) of the Florida Constitution, the State shall provide the victim with notice of this oral argument and of any changes to the scheduled date or time.The parties are advised that the only attorneys permitted into the Zoom meeting will be those who will be arguing before the court. Attorneys who will not be arguing before the court may watch the public live stream of the oral argument via the court’s website. In addition, attorneys who will be arguing before the court shall attend a Zoom orientation/test session with court staff
|
|
| Docket Date |
2022-03-22
|
| Type |
Order
|
| Subtype |
Order on Motion to Set Briefing Schedule
|
| Description |
ORD-Setting Briefing Schedule ~ ORDERED that appellants' March 18, 2022 motion for briefing schedule is granted. Appellants’ joint Initial Brief shall be due on May 19, 2022, and subsequent briefs shall be served within the time prescribed by Florida Rule of Appellate Procedure 9.210(g).
|
|
| Docket Date |
2022-03-14
|
| 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.
|
|
