| Classification |
Discretionary Review - Notice to Invoke - Statutory Validity
|
| Court |
Supreme Court of Florida
|
| Originating Court |
Unknown Court
11-029081SLR
Unknown Court
1D16-1696
|
Parties
| Name |
BEATRIZ ALVAREZ INC
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Ms. Wendy S. Loquasto, RICHARD W. ERVIN, III, BRADLEY GUY SMITH
|
|
| Name |
GUARANTEE INSURANCE COMPANY
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
UTOPIA HOME CARE, INC.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
James N. McConnaughhay, David A. McCranie
|
|
| Name |
Department of Financial Services
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
HON. STEPHEN LESLIE ROSEN, JUDGE
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Hon. Kristina Samuels
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-12-17
|
| Type |
Disposition
|
| Subtype |
Rev DY Lack Juris & Atty Fees Dy
|
| Description |
DISP-REV DY LACK JURIS & ATTY FEES DY ~ This cause having heretofore been submitted to the Court on jurisdictional briefs and portions of the record deemed necessary to reflect jurisdiction under Article V, Section 3(b), Florida Constitution, and the Court having determined that it should decline to accept jurisdiction, it is ordered that the petition for review is denied.No motion for rehearing will be entertained by the Court. See Fla. R. App. P. 9.330(d)(2).Petitioner's motion for attorney's fees is hereby denied.
|
|
| Docket Date |
2018-07-13
|
| Type |
Brief
|
| Subtype |
Juris Answer
|
| Description |
JURIS ANSWER BRIEF
|
| On Behalf Of |
Utopia Home Care
|
| View |
View File
|
|
| Docket Date |
2018-07-10
|
| Type |
Order
|
| Subtype |
Counsel Withdrawal
|
| Description |
ORDER-COUNS WITHDRAWAL GR ~ The motion to withdraw as attorney of record for respondents is granted, and James N. McConnaughhay and David A. McCranie are hereby recognized as the new attorneys of record for respondents.
|
|
| Docket Date |
2018-07-06
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
NOTICE-ADDRESS CHANGE
|
| On Behalf Of |
Beatriz Alvarez
|
| View |
View File
|
|
| Docket Date |
2018-06-11
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ Respondent's Response to Court's Order to Show Cause
|
| On Behalf Of |
Utopia Home Care
|
| View |
View File
|
|
| Docket Date |
2018-05-29
|
| Type |
Order
|
| Subtype |
Show Cause (Misc)
|
| Description |
ORDER-SHOW CAUSE (MISC) ~ Respondents are hereby directed to show cause on or before June 13, 2018, why the stay imposed in the Court's order of January 19, 2018, should not be lifted. Petitioner may file a reply, on or before June 25, 2018.
|
|
| Docket Date |
2018-03-08
|
| Type |
Motion
|
| Subtype |
Couns Withdrawal
|
| Description |
MOTION-COUNS WITHDRAWAL
|
| On Behalf Of |
Utopia Home Care
|
| View |
View File
|
|
| Docket Date |
2018-01-19
|
| Type |
Order
|
| Subtype |
Stay Proceedings FSC
|
| Description |
ORDER-STAY PROCEEDINGS FSC GR ~ Petitioner seeks review of an opinion from the First District Court of Appeal, Utopia Home Care/Guarantee Insurance Co. v. Alvarez, 230 So. 3d 72 (Fla. 1st DCA 2017), reversing in part an order from the Judge of Compensation Claims. While the case in this Court was pending, on November 27, 2017, the Second Judicial Circuit Court, in Leon County, entered a "Consent Order Appointing the Florida Department of Financial Services as Receiver of Guarantee Insurance Company for Purposes of Liquidation, Injunction, and Notice of Automatic Stay," which appointed the Florida Department of Financial Services as receiver for Respondent Guarantee Insurance Company. State ex rel. Dep't. of Fin. Servs. v. Guarantee Ins. Co., No. 2017 CA 2421 (Fla. 2nd Cir. Ct. Consent Order entered Nov. 27, 2017). The order included directions to the Department of Financial Services to coordinate the operation of the receivership with the operation of the Florida Workers' Compensation Insurance Guaranty Association. Id. at 7, Paragraph 14(N).The Florida Workers' Compensation Insurance Guaranty Association was created in 1997. See Ch. 97-262, §§ 16, 20, Laws of Fla. (establishing the Florida Workers' Compensation Insurance Guaranty Association, to succeed the Florida Self-Insurance Fund Guaranty Association and the workers' compensation insurance account within the Florida Insurance Guaranty Association; adopting the Florida Workers' Compensation Insurance Guaranty Association Act in Part V of Chapter 631, Florida Statutes; and amending section 631.52, Florida Statutes, to exclude workers' compensation insurance from the provisions of Part II of Chapter 631). The Association provides "a mechanism for the payment of covered claims under chapter 440 to avoid excessive delay in payment and to avoid financial loss to claimants because of the insolvency of a member insurer." § 631.902, Fla. Stat. (2017).On December 12, 2017, Respondent Guarantee Insurance Company filed notice of the circuit court's Consent Order. On December 21, 2017, Respondents Utopia Home Care, Guarantee Insurance Company, and the State of Florida, Department of Financial Services (by the Florida Workers' Compensation Insurance Guaranty Association) filed a "Motion to Stay Proceedings as to All Parties or in the Alternative Motion for an Extension of Time." Petitioner filed a response to the motion. Having considered these filings, Respondents' motion to stay is granted in part and the proceedings in this Court are hereby stayed, pursuant to section 631.924, Florida Statutes (2017), for six months from the date of the circuit court's Consent Order, until May 27, 2018. See § 631.924, Fla. Stat. ("All proceedings in which the insolvent insurer or self-insurance fund is a party or is obligated to defend a party in any court or before any quasi-judicial body or administrative board in this state must be stayed for 6 months, or such additional period from the date the insolvency is adjudicated, by a court of competent jurisdiction to allow proper defense by the association of all pending causes of action as to any covered claims."); c.f. Jimmy Lang's Auto Serv. v. Proctor, 667 So. 2d 334 (Fla. 1st DCA 1995) (concluding that, while only the insurer is protected by the stay provision in section 631.041(1)(a), Florida Statutes (1993), section 631.67, Florida Statutes (1993), which at the time applied to workers' compensation insurance, required a mandatory stay of the entire proceeding for six months).
|
|
| Docket Date |
2017-12-28
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE TO MOTION TO STAY PROCEEDINGSAS TO ALL PARTIES OR, IN THE ALTERNATIVE,MOTION FOR AN EXTENSION OF TIME
|
| On Behalf Of |
Beatriz Alvarez
|
| View |
View File
|
|
| Docket Date |
2017-12-21
|
| Type |
Motion
|
| Subtype |
Stay (FSC Proceedings)
|
| Description |
MOTION-STAY (FSC PROCEEDINGS) ~ FILED AS MOTION TO STAY PROCEEDINGS AS TO ALL PARTIES OR IN THE ALTERNATIVE MOTIO FOR EXTENSION OF TIME
|
| On Behalf Of |
Utopia Home Care
|
| View |
View File
|
|
| Docket Date |
2017-12-21
|
| Type |
Notice
|
| Subtype |
Appearance
|
| Description |
NOTICE-APPEARANCE
|
| On Behalf Of |
Utopia Home Care
|
| View |
View File
|
|
| Docket Date |
2017-12-12
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
NOTICE ~ FILED AS NOTICE OF FILING ORDER OF LIQUIDATION, INJUNCTION, AND AUTOMATIC STAY AS TO GUARANTEE INSURANCE COMPANY.
|
| On Behalf Of |
Utopia Home Care
|
| View |
View File
|
|
| Docket Date |
2017-12-01
|
| Type |
Motion
|
| Subtype |
Attorney's Fees
|
| Description |
MOTION-ATTORNEYS FEES
|
| On Behalf Of |
Beatriz Alvarez
|
| View |
View File
|
|
| Docket Date |
2017-12-01
|
| Type |
Brief
|
| Subtype |
Appendix-Juris
|
| Description |
APPENDIX-JURIS BRIEF
|
| On Behalf Of |
Beatriz Alvarez
|
| View |
View File
|
|
| Docket Date |
2017-11-28
|
| Type |
Event
|
| Subtype |
Fee Paid in Full - $300
|
| Description |
Fee Paid In Full - $300
|
|
| Docket Date |
2017-11-28
|
| Type |
Letter-Case
|
| Subtype |
Acknowledgment Letter-New Case
|
| Description |
ACKNOWLEDGMENT LETTER-NEW CASE
|
|
| Docket Date |
2017-11-27
|
| Type |
Notice
|
| Subtype |
Invoke Discretionary Jurisdiction
|
| Description |
NOTICE-DISCRETIONARY JURIS (STAT VALID) ~ Uncertified Copy with Filing Fee
|
| On Behalf Of |
Beatriz Alvarez
|
| View |
View File
|
|
| Docket Date |
2017-11-21
|
| Type |
Notice
|
| Subtype |
Invoke Discretionary Jurisdiction
|
| Description |
NOTICE-DISCRETIONARY JURIS (STAT VALID)
|
| On Behalf Of |
Beatriz Alvarez
|
| View |
View File
|
|
| Docket Date |
2017-11-21
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
