| Docket Date |
2025-01-08
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| Type |
Disposition by Order
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| Subtype |
Dismissed
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| Description |
The Court dismisses this case. Fla R. App. P. 9.350.
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| View |
View File
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| Docket Date |
2025-01-08
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| Type |
Motions Other
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| Subtype |
Motion/Notice Voluntary Dismissal
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| Description |
Motion/Notice Voluntary Dismissal
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| On Behalf Of |
Complete Restoration of Central Florida, Inc.
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|
| Docket Date |
2025-01-03
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| Type |
Order
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| Subtype |
Order to Serve Brief
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| Description |
Within ten days from the date of this order, Appellant shall serve an initial brief or, alternatively, file a response that shows cause why this appeal should not be dismissed for failing to timely serve an initial brief. If Appellant fails to file either an initial brief or a response within the time allowed, the Court may dismiss this case without further notice or opportunity to be heard. Fla. R. App. P. 9.410.
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| View |
View File
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| Docket Date |
2024-11-27
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| Type |
Notice
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| Subtype |
Notice of Agreed Extension of Time - Initial Brief
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| Description |
30- IB DUE 12/27/2024
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| On Behalf Of |
Complete Restoration of Central Florida, Inc.
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|
| Docket Date |
2024-10-28
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| Type |
Order
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| Subtype |
Order on Motion For Substitution of Parties
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| Description |
The motion to substitute Florida Insurance Guarantee Association (FIGA) as guarantor for Fednat Insurance Company as appellee in this appeal is granted. This court notes that all future certificates of service in this appeal should reflect additional service on FIGA at 300 S. Duval Street, Suite 410, Tallahassee FL 32301. The initial brief shall be served within thirty days from the date of this order.
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| View |
View File
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| Docket Date |
2024-08-22
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| Type |
Order
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| Subtype |
Order to File Response
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| Description |
Florida Insurance Guaranty Association (FIGA) may file a response to Appellant's motion to substitute FIGA as appellee within fourteen days of this order.
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| View |
View File
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| Docket Date |
2024-08-12
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| Type |
Motions Other
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| Subtype |
Miscellaneous Motion
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| Description |
APPELLANT'S MOTION TO SUBSTITUTE FIGA AS APPELLEE
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| On Behalf Of |
Complete Restoration of Central Florida, Inc.
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|
| Docket Date |
2024-08-06
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| Type |
Order
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| Subtype |
Order Discharging Show Cause Order
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| Description |
This Court has reviewed Attorney Earl Higgs' response to this Court's order to show cause. Counsel acknowledges his involvement with this appeal from its inception but blames his failure to respond to this Court's orders before June 6, 2024, because he did not update his old law firm's email address. He concedes receiving this Court's order dated June 6, 2024, and failing to respond based on an inability to contact his client and a calendaring error. This Court notes that counsel's actions fall below the appropriate level of practice expected in this Court, and it trusts that counsel's future behavior in this and the other actions in which he appears shall meet or exceed necessary standards. With this admonishment, this Court discharges its order to show cause and cancels the sanctions hearing scheduled for August 15, 2024. This Court declines to accept counsel's invitation to relinquish jurisdiction to the trial court to amend trial court pleadings to substitute the Florida Insurance Guaranty Association ("FIGA") in place of appellee, Fednat Insurance Company ("Fednat"). But it will accept a proper motion to substitute FIGA for Fednat in this case that is served on FIGA and Fednat and that represents that the six-month automatic FIGA stay has expired. See § 631.67, Fla. Stat. This motion, or alternatively, a status report explaining why such motion is inappropriate (e.g., the FIGA stay has been extended and remains in place) shall be filed within five days. Upon substitution of FIGA, Appellant shall promptly comply with its burden to ensure that the record is prepared and transmitted in accordance with rule 9.200. See Fla. R. App. P. 9.200(e).
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| View |
View File
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| Docket Date |
2024-08-01
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| Type |
Notice
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| Subtype |
Notice of Appearance
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| Description |
Notice of Appearance
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| On Behalf Of |
Fednat Insurance Company
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|
| Docket Date |
2024-07-30
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| Type |
Response
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| Subtype |
Response
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| Description |
APPELLANT'S RESPONSE TO ORDER TO SHOW CAUSE DATED JULY 24, 2024
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| On Behalf Of |
Complete Restoration of Central Florida, Inc.
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|
| Docket Date |
2024-07-24
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| Type |
Order
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| Subtype |
Order
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| Description |
Appellant, Complete Restoration of Central Florida, Inc., a/a/o Rosa Hernandez ("Appellant"), through its counsel, Earl I. Higgs, Jr., appealed a final judgment dated August 22, 2022, to the Fifth District Court of Appeal. On October 12, 2022, appellee, Fednat Insurance Company ("Appellee"), filed a notice of automatic and permanent stay due to its liquidation. It also notified the Fifth District of a mandatory six-month minimum stay as to the Florida Insurance Guaranty Association ("FIGA"). On October 20, 2022, the Fifth District directed Appellant to file a response to Appellee's notice within ten days, "specifically addressing: 1) whether the instant appeal can proceed as to [Appellee], given Appellee's liquidation; 2) whether and under what circumstances the court has jurisdiction to proceed; and 3) any other matters in response to the Notice." Appellant never responded.
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| View |
View File
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| Docket Date |
2024-06-06
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| Type |
Order
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| Subtype |
Order
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| Description |
Within ten days, Appellant shall file a report on the status of the bankruptcy proceeding in this case, or Appellant will risk sanctions.
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| View |
View File
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| Docket Date |
2023-10-30
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| Type |
Order
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| Subtype |
Order to File Response
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| Description |
ORD-TO FILE RESPONSE ~ Attorney Earl Higgs, Jr., has not responded to this court's May 19, 2023, order directing a status report. Attorney Higgs shall respond to that order within 10 days of the date of the present order or he risks sanctions, including a possible show-cause hearing before the court.
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| Docket Date |
2023-05-19
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| Type |
Order
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| Subtype |
Order to File Status Report
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| Description |
Status report due within * days ~ Within ten days from the date of this order, Appellant must file a status report pursuant to the court order dated November 8, 2022.
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|
| Docket Date |
2023-01-03
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
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|
| Docket Date |
2022-12-30
|
| Type |
Disposition by Order
|
| Subtype |
Transferred
|
| Description |
ORD-TRANSFER TO ANOTHER COURT
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|
| Docket Date |
2022-11-08
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| Type |
Order
|
| Subtype |
Order re Stay
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| Description |
ORD-CASE STAYED PENDING BANKRUPTCY ~ Upon consideration the "Notice of Filing Consent Order of Liquidation . . . ," filed October 12, 2022, it is ORDERED that this appeal is stayed until April 12, 2023. Appellant shall file a status report by April 27, 2023, advising this Court of the status of the proceedings including whether an amended claim has been filed against the Florida Insurance Guaranty Association.
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| Docket Date |
2022-10-27
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| Type |
Order
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| Subtype |
Order Discharging Show Cause Order
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| Description |
ORD-DISCHARGING SHOW CAUSE ~ Upon consideration that the statutory filing fee has now been satisfied, it is ORDERED that this Court's October 19, 2022, Order to Show Cause is discharged.
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| Docket Date |
2022-10-24
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| Type |
Misc. Events
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| Subtype |
Case Filing Fee Paid through Portal
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| Description |
Case Filing Fee Paid through Portal
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| Docket Date |
2022-10-20
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| Type |
Order
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| Subtype |
Order to File Response
|
| Description |
ORD-TO FILE RESPONSE ~ ORDERED that Appellant shall, within ten days of the date hereof, file a response to the "Notice of Filing Consent Order of Liquidation . . . , " filed October 12, 2022, specifically addressing: 1) whether the instant appeal can proceed as to Appellee, FedNat Insurance Company, given Appellee's liquidation; 2) whether and under what circumstances this Court has jurisdiction to proceed; and 3) any other matters in response to the Notice.
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| Docket Date |
2022-10-19
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| Type |
Order
|
| Subtype |
Order to Show Cause
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| Description |
STATE SHOW CAUSE WHY RELIEF NOT GRANTED ~ ORDERED that Appellant shall, within ten days from the date hereof, show cause why the appeal should not be dismissed for failure to comply with this Court's Order of September 27, 2022, regarding satisfaction of the statutory filing fee requirement.
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| Docket Date |
2022-10-12
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| Type |
Notice
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| Subtype |
Notice of Filing
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| Description |
Notice of Filing ~ CONSENT ORDER OF LIQUIDATION, NOTICE OF AUTOMATIC AND PERMANENT STAY AS TO FEDNAT INSURANCE COMPANY AND MANDATORY SIX MONTH MINIMUM STAY AS TO THE FLORIDA INSURANCE GUARANTY ASSOCIATION
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| On Behalf Of |
Fednat Insurance Company
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|
| Docket Date |
2022-09-27
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
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| Description |
AFFIDAVIT OF INSOLVENCY IS INSUFFICIENT ~ Inasmuch as Appellant commenced the above-styled cause by thefiling of a Notice of Appeal in the lower court on September 19, 2022, butwithout the entry of an order of insolvency for appeal purposes or paymentof the statutory filing fee, it isORDERED that Appellant shall, within twenty (20) days of the dateof this Order, either file a certified copy of a lower court order of insolvencyfor appellate court purposes, as required by Florida Rule of AppellateProcedure 9.430, or pay to this Court the filing fee of THREE HUNDREDDOLLARS ($300.00) pursuant to Florida Rules of Appellate Procedure9.110(b) or 9.130(b) and Section 35.22, Florida Statutes. The filing fee isdue and payable at the time of filing REGARDLESS WHETHER THEAPPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY. Noextensions of time for payment will be entertained. Payment may be madeby credit card only via the statewide portal(https://www.myflcourtaccess.com/), for which there will be a servicecharge.1 Alternatively, payment may be made by cash, money order, orcheck. The money order or check should be made out to "Fifth DistrictCourt of Appeal" and mailed to 300 S. Beach Street, Daytona Beach, FL32114. It is further ORDERED that this case will not progress until this Order has been complied with and failure to comply with this Order may result in dismissal of this appeal sua sponte and without further notice. This Order does not toll the filing deadlines contained in the appellate rules.
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|
| Docket Date |
2022-09-27
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
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|
| Docket Date |
2022-09-27
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ FILED BELOW 9/19/22
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| On Behalf Of |
Complete Restoration of Central Florida, Inc.
|
|
| Docket Date |
2022-09-27
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
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