STEVE SALLIES, Appellant(s) v. THE FIRST LIBERTY INSURANCE CORPORATION, Appellee(s).
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4D2023-0209
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2023-01-20
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Closed
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Classification |
NOA Final - Circuit Civil - Other
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Court |
4th District Court of Appeal
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Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, Indian River County
312019CA000421
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Parties
Name |
Steve Sallies
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Role |
Appellant
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Status |
Active
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Representations |
Brian J. Lee
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|
Name |
THE FIRST LIBERTY INSURANCE CORPORATION
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Role |
Appellee
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Status |
Active
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Representations |
Matthew J. Lavisky, Carol Marie Rooney, Adam Matthew Topel
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|
Name |
Hon. Janet C. Croom
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Role |
Judge/Judicial Officer
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Status |
Active
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|
Name |
Clerk - Indian River
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Role |
Lower Tribunal Clerk
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Status |
Active
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Docket Entries
Docket Date |
2024-01-12
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Type |
Order
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Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
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Description |
ORDERED that Appellant's January 11, 2024 motion for extension of time is granted, and Appellant shall serve the reply brief/cross-answer brief on or before January 30, 2024. In addition, if the reply brief/cross-answer brief is served after the time provided for in this order, it may be stricken.
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View |
View File
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Docket Date |
2024-01-11
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Type |
Motions Extensions
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Subtype |
Motion for Extension of Time to Serve Reply Brief
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Description |
Motion for Extension of Time to Serve Reply Brief/ Cross-Answer Brief
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Docket Date |
2023-12-15
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Type |
Order
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Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
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Description |
ORDERED that Appellant's December 15, 2023 motion for extension of time is granted, and Appellant shall serve the reply brief/cross-answer brief on or before January 15, 2024. In addition, if the reply brief/cross-answer brief is served after the time provided for in this order, it may be stricken
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View |
View File
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Docket Date |
2023-12-15
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Type |
Motions Extensions
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Subtype |
Motion for Extension of Time to Serve Reply Brief
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Description |
Motion for Extension of Time to Serve Reply Brief/ Cross-Answer Brief
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Docket Date |
2023-06-08
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Type |
Order
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Subtype |
Order
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Description |
ORD-Granting Clarification ~ ORDERED that appellant's June 7, 2023 motion for clarification is granted. The June 6, 2023 order is revised as follows:ORDERED that appellant's June 6, 2023 motion for extension of time is granted, and appellant shall serve the initial brief within twenty (20) days from the current due date. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case will be subject to dismissal or the court in its discretion may impose other sanctions. Appellant is advised that no further extensions will be granted absent a detailed explanation for why the initial brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant. Attorney workload does not constitute extraordinary circumstances which justifies a further extension of time.
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Docket Date |
2023-02-06
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Type |
Order
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Subtype |
Order on Filing Fee
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Description |
ORD-Pay filing Fee - Cross-Appeal - 10 days ~ A Notice of Cross-Appeal and amended Notice of Cross-Appeal were filed in the lower tribunal on February 6, 2023. The $295.00 filing fee required by the applicable rule of procedure and Section 35.22(2)(b), Florida Statutes (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED, appellee/cross-appellant shall pay the $295.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of the entry 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 the cross-appeal 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 cross-appeal has a duty to tender the filing fee to the appellate court when the cross-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.
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Docket Date |
2023-01-20
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Type |
Order
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Subtype |
Order on Filing Fee
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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.
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Docket Date |
2024-08-02
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Type |
Misc. Events
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Subtype |
West Publishing
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Description |
West Publishing
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Docket Date |
2024-08-02
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Type |
Mandate
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Subtype |
Mandate
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Description |
Mandate
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View |
View File
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Docket Date |
2024-07-11
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Type |
Disposition by Opinion
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Subtype |
Affirmed
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Description |
Affirmed
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View |
View File
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Docket Date |
2024-04-30
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Type |
Order
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Subtype |
Order on Motion/Request for Oral Argument
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Description |
Order on Motion/Request for Oral Argument
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View |
View File
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Docket Date |
2024-04-16
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Type |
Brief
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Subtype |
Cross-Reply Brief
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Description |
Cross-Reply Brief
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On Behalf Of |
The First Liberty Insurance Corporation
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View |
View File
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Docket Date |
2024-03-15
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Type |
Brief
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Subtype |
Answer Brief
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Description |
Reply/Cross-Answer Brief
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On Behalf Of |
Steve Sallies
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View |
View File
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Docket Date |
2024-03-15
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Type |
Motions Relating to Oral Argument
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Subtype |
Motion/Request for Oral Argument
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Description |
Motion/Request for Oral Argument
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On Behalf Of |
Steve Sallies
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Docket Date |
2024-03-12
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Type |
Order
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Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
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Description |
ORDERED that Appellant's March 11, 2024 motion for extension of time is granted, and Appellant shall serve the reply brief/cross-answer brief on or before March 15, 2024. In addition, if the reply brief/cross-answer brief is served after the time provided for in this order, it may be stricken.
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View |
View File
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Docket Date |
2024-03-11
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Type |
Motions Extensions
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Subtype |
Motion for Extension of Time to Serve Reply Brief
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Description |
Motion for Extension of Time to Serve Reply Brief
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Docket Date |
2024-02-29
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Type |
Order
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Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
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Description |
ORDERED that Appellant's February 29, 2024 motion for extension of time is granted, and Appellant shall serve the reply brief/cross-answer brief on or before March 11, 2024. In addition, if the reply brief/cross-answer brief is served after the time provided for in this order, it may be stricken.
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View |
View File
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Docket Date |
2024-02-29
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Type |
Motions Extensions
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Subtype |
Motion for Extension of Time to Serve Reply Brief
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Description |
Motion for Extension of Time to Serve Reply Brief
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Docket Date |
2024-02-20
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Type |
Order
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Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
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Description |
ORDERED that Appellant's February 19, 2024 motion for extension of time is granted, and Appellant shall serve the reply brief/cross-answer brief on or before February 29, 2024. In addition, if the reply brief/cross-answer brief is served after the time provided for in this order, it may be stricken.
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View |
View File
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Docket Date |
2024-02-19
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Type |
Motions Extensions
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Subtype |
Motion for Extension of Time to Serve Answer Brief
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Description |
Motion for Extension of Time to File Reply Brief and Cross-Answer Brief
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Docket Date |
2024-01-30
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Type |
Order
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Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
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Description |
ORDERED that Appellant's January 29, 2024 motion for extension of time is granted, and Appellant shall serve the reply brief/cross-answer brief on or before February 19, 2024. In addition, if the reply brief/cross-answer brief is served after the time provided for in this order, it may be stricken.
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View |
View File
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Docket Date |
2024-01-29
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Type |
Motions Extensions
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Subtype |
Motion for Extension of Time to Serve Answer Brief
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Description |
Motion for Extension of Time to Serve Answer Brief
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Docket Date |
2023-11-15
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Type |
Brief
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Subtype |
Answer Brief
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Description |
Answer Brief
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On Behalf Of |
The First Liberty Insurance Corporation
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View |
View File
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Docket Date |
2023-11-02
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Type |
Order
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Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
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Description |
ORDERED that Appellee/Cross-Appellant's November 1, 2023 motion for extension of time is granted, and Appellee/Cross-Appellant shall serve the answer/cross-initial brief on or before November 15, 2023. In addition, Appellee/Cross-Appellant is notified that the failure to serve the brief within the time provided herein will foreclose Appellee/Cross-Appellant's right to file a brief or otherwise participate in this appeal, or the court in its discretion may impose other sanctions. Appellee/Cross-Appellant is advised that no further extensions will be granted absent a detailed explanation for why the answer brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant. Attorney workload does not constitute extraordinary circumstances which justifies a further extension of time.
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View |
View File
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Docket Date |
2023-11-01
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Type |
Motions Extensions
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Subtype |
Motion for Extension of Time to Serve Answer Brief
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Description |
Motion for Extension of Time to Serve Answer Brief/Cross-Initial Brief
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Docket Date |
2023-09-21
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Type |
Order
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Subtype |
Order on Agreed Extension of Time
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Description |
30 DAYS TO 11/08/2023
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Docket Date |
2023-09-21
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Type |
Notice
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Subtype |
Notice of Agreed Extension of Time - Answer Brief
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Description |
Notice of Agreed Extension of Time - Answer Brief/ Cross-Initial Brief
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Docket Date |
2023-08-28
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Type |
Notice
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Subtype |
Notice of Agreed Extension of Time - Answer Brief
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Description |
Notice of Agreed Extension - Answer Brief ~ /CROSS-INITIAL BRIEF
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On Behalf Of |
The First Liberty Insurance Corporation
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Docket Date |
2023-08-28
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Type |
Order
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Subtype |
Order on Agreed Extension of Time
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Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 10/09/2023
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Docket Date |
2023-08-04
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Type |
Record
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Subtype |
Supplemental Record
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Description |
Supplemental Records ~ 113 PAGES (PAGES 4,638 to 4,745)
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On Behalf Of |
Clerk - Indian River
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Docket Date |
2023-08-03
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Type |
Order
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Subtype |
Order on Agreed Extension of Time
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Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 09/07/2023
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|
Docket Date |
2023-08-03
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Type |
Notice
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Subtype |
Notice of Agreed Extension of Time - Answer Brief
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Description |
Notice of Agreed Extension - Answer Brief ~ /CROSS-INITIAL BRIEF
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On Behalf Of |
The First Liberty Insurance Corporation
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Docket Date |
2023-08-01
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Type |
Order
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Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
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Description |
Order Granting Motion to Supplement the Record ~ ORDERED that appellee/cross-appellant's July 31, 2023 motion to supplement the record is granted. The material requested in the motion shall be included in the record on appeal. The clerk of the lower tribunal shall prepare and file the supplemental material in this court within ten (10) days from the date of this order. Appellee/cross-appellant shall monitor the supplementation process.
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Docket Date |
2023-07-31
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Type |
Motions Relating to Records
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Subtype |
Motion to Supplement Record
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Description |
Motion To File Supplemental Record
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On Behalf Of |
The First Liberty Insurance Corporation
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Docket Date |
2023-07-17
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Type |
Record
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Subtype |
Supplemental Record
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Description |
Supplemental Records ~ 17 PAGES (PAGES 4,623 to 4,637)
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On Behalf Of |
Clerk - Indian River
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Docket Date |
2023-07-14
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Type |
Order
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Subtype |
Order to File Response
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Description |
ORD-Appellant to File Response ~ ORDERED that appellant is directed to reply, within five (5) days from the date of this order, to the clerk of the lower tribunal’s response to this Court’s July 12, 2023 order.
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Docket Date |
2023-07-13
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Type |
Response
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Subtype |
Response
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Description |
Response ~ TO ORDER DATED JULY 12, 2023
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On Behalf Of |
Clerk - Indian River
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Docket Date |
2023-07-12
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Type |
Order
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Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
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Description |
Order Granting Motion to Supplement the Record ~ ORDERED that appellant's July 11, 2023 amended motion to supplement the record is granted. The material requested in the motion shall be included in the record on appeal. The clerk of the lower tribunal shall prepare and file the supplemental material in this court within ten (10) days from the date of this order. Appellant shall monitor the supplementation process.
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Docket Date |
2023-07-11
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Type |
Motions Relating to Records
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Subtype |
Motion to Supplement Record
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Description |
Motion To File Supplemental Record ~ AMENDED
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On Behalf Of |
Steve Sallies
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Docket Date |
2023-07-11
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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 |
The First Liberty Insurance Corporation
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Docket Date |
2023-07-10
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Type |
Order
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Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
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Description |
ORD-deny motion to supplement per 9.300(a) ~ ORDERED that appellant's July 10, 2023 motion to supplement the record is denied without prejudice for failure to comply with Florida Rule of Appellate Procedure 9.300(a). See also this court's Notice to Attorneys and to Parties Representing Themselves, Paragraph 1.
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Docket Date |
2023-07-10
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Type |
Motions Relating to Records
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Subtype |
Motion to Supplement Record
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Description |
Motion To File Supplemental Record
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On Behalf Of |
Steve Sallies
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Docket Date |
2023-07-06
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Type |
Brief
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Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
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On Behalf Of |
Steve Sallies
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|
Docket Date |
2023-07-06
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Type |
Record
|
Subtype |
Appendix
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Description |
Appendix to Brief
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On Behalf Of |
Steve Sallies
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|
Docket Date |
2023-06-07
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Type |
Post-Disposition Motions
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Subtype |
Motion For Clarification
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Description |
Motion for Clarification
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On Behalf Of |
Steve Sallies
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Docket Date |
2023-06-06
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Type |
Order
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Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
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Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's June 6, 2023 motion for extension of time is granted in part, and appellant shall serve the initial brief within ten (10) days from the current due date. 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.
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Docket Date |
2023-06-06
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Type |
Motions Extensions
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Subtype |
Motion for Extension of Time to Serve Initial Brief
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Description |
Mot. for Extension of time to file Initial Brief
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On Behalf Of |
Steve Sallies
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Docket Date |
2023-05-25
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Type |
Motions Extensions
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Subtype |
Motion for Extension of Time to Serve Initial Brief
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Description |
Mot. for Extension of time to file Initial Brief
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On Behalf Of |
Steve Sallies
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Docket Date |
2023-05-25
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Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
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Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's May 25, 2023 motion for extension of time is granted, and appellant shall serve the initial brief on or before June 15, 2023. 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.
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Docket Date |
2023-03-29
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Type |
Order
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Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
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Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's March 24, 2023 motion for extension of time is granted, and appellant shall serve the initial brief on or before May 26, 2023. 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. Further,ORDERED that appellant’s March 24, 2023 motion for extension of time to provide the record on appeal is denied as moot.
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Docket Date |
2023-03-28
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Type |
Record
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Subtype |
Record on Appeal
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Description |
Received Records ~ 4,624 PAGES (PAGES 1 to 4,622)
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On Behalf Of |
Clerk - Indian River
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Docket Date |
2023-03-24
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Type |
Motions Extensions
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Subtype |
Motion for Extension of Time for Record & EOT/Toll Briefing
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Description |
Motion for Extension of Time for Record & Brief
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On Behalf Of |
Steve Sallies
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Docket Date |
2023-03-21
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Type |
Misc. Events
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Subtype |
Affidavit
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Description |
Affidavit
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On Behalf Of |
Clerk - Indian River
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Docket Date |
2023-02-06
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Type |
Misc. Events
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Subtype |
Cross-Notice Filing Fee Paid through Portal
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Description |
CROSS NOTICE FILING FEE PAID THROUGH PORTAL
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On Behalf Of |
The First Liberty Insurance Corporation
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Docket Date |
2023-02-06
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Type |
Notice
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Subtype |
Notice of Cross Appeal
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Description |
Notice of Cross Appeal
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On Behalf Of |
Clerk - Indian River
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|
Docket Date |
2023-01-23
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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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On Behalf Of |
Steve Sallies
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|
Docket Date |
2023-01-20
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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 |
The First Liberty Insurance Corporation
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|
Docket Date |
2023-01-20
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Type |
Misc. Events
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Subtype |
Fee Status
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Description |
FP:Fee Paid Through Portal
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Docket Date |
2023-01-20
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Type |
Letter
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Subtype |
Acknowledgment Letter
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Description |
Acknowledgment Letter
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STEVE SALLIES VS THE FIRST LIBERTY INSURANCE CORPORATION
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4D2022-3186
|
2022-11-29
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Other
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, Indian River County
312019CA000421
|
Parties
Name |
Steve Sallies
|
Role |
Appellant
|
Status |
Active
|
Representations |
Brian J. Lee
|
|
Name |
THE FIRST LIBERTY INSURANCE CORPORATION
|
Role |
Appellee
|
Status |
Active
|
Representations |
Carol M. Rooney, Matthew J. Lavisky
|
|
Name |
Hon. Janet C. Croom
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - Indian River
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2023-01-10
|
Type |
Disposition
|
Subtype |
Dismissed
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Description |
Dismissed - Order by Judge
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Docket Date |
2023-01-10
|
Type |
Disposition by Order
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Subtype |
Dismissed
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Description |
ORD-Sua Sponte Dismissed for Lack of Jurisdiction ~ ORDERED that, upon consideration of appellant’s December 12, 2022 jurisdictional brief, this appeal is dismissed for lack of jurisdiction. See Fla. R. App. P. 9.110(k) ("A partial final judgment, other than one that disposes of an entire case as to any party, is one that disposes of a separate and distinct cause of action that is not interdependent with other pleaded claims."); Perry v. Perry, 976 So. 2d 1151, 1153 (Fla. 4th DCA 2008) ("Piecemeal appeals are not permitted where claims are legally interrelated and substantively involve the same transaction."); Caufield v. Cantele, 837 So. 2d 371, 375 (Fla. 2002) (finding that a final judgment is one which ends the litigation between the parties and disposes of all issues involved such that no further action by the court will be necessary); Mendez v. W. Flagler Fam. Ass'n, 303 So. 2d 1, 5 (Fla. 1974).KLINGENSMITH, C.J., GERBER and ARTAU, JJ., concur.
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Docket Date |
2022-12-12
|
Type |
Brief
|
Subtype |
Jurisdictional Brief
|
Description |
Jurisdictional Brief
|
On Behalf Of |
Steve Sallies
|
|
Docket Date |
2022-12-05
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
The First Liberty Insurance Corporation
|
|
Docket Date |
2022-12-02
|
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 November 2, 2022 order is a final or nonfinal appealable order, as it appears count 3 of the amended complaint remains pending. See Fla. R. App. P. 9.110(k) ("A partial final judgment, other than one that disposes of an entire case as to any party, is one that disposes of a separate and distinct cause of action that is not interdependent with other pleaded claims."); Perry v. Perry, 976 So. 2d 1151, 1153 (Fla. 4th DCA 2008) ("Piecemeal appeals are not permitted where claims are legally interrelated and substantively involve the same transaction."); Mendez v. W. Flagler Fam. Ass'n, 303 So. 2d 1, 5 (Fla. 1974). Further,Appellee may file a response within ten (10) days of service of that statement.
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Docket Date |
2022-12-02
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
Case Filing Fee Paid Through Portal
|
On Behalf Of |
Steve Sallies
|
|
Docket Date |
2022-11-29
|
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 |
2022-11-29
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
Docket Date |
2022-11-29
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2022-11-29
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
Steve Sallies
|
|
|
THE FIRST LIBERTY INSURANCE CORPORATION VS STEVE SALLIES, et al.
|
4D2022-2639
|
2022-09-30
|
Closed
|
|
Classification |
NOA Non Final - Circuit Civil - Other
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, Indian River County
312019CA000421
|
Parties
Name |
THE FIRST LIBERTY INSURANCE CORPORATION
|
Role |
Appellant
|
Status |
Active
|
Representations |
Matthew J. Lavisky, Carol M. Rooney
|
|
Name |
Alejandro Tinelfi Fuertes Rodriguez
|
Role |
Appellee
|
Status |
Active
|
Representations |
John A. Howard, Stephen A. Marino, Mabel Bermudez, Ryan P. Rudd, Ady A. Goss, Michael W. Hoffman
|
|
Name |
PORTUGUES MANAGEMENT CORPORATION
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Steve Sallies
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Hon. Janet C. Croom
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - Indian River
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
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
|
|
|
FIRST LIBERTY INSURANCE CORPORATION VS DAVID FORTHUBER
|
SC2018-0330
|
2018-02-26
|
Closed
|
|
Classification |
Discretionary Review - Notice to Invoke - Direct Conflict of Decisions
|
Court |
Supreme Court of Florida
|
Originating Court |
Circuit Court for the Eighteenth Judicial Circuit, Seminole County
592011CA0012100000XX
Circuit Court for the Eighteenth Judicial Circuit, Seminole County
5D16-2599
|
Parties
Name |
THE FIRST LIBERTY INSURANCE CORPORATION
|
Role |
Petitioner
|
Status |
Active
|
Representations |
C. Ryan Jones
|
|
Name |
David Forthuber
|
Role |
Respondent
|
Status |
Active
|
Representations |
James C. Hauser, Hewitt G. Woodward
|
|
Name |
Hon. Jessica J. Recksiedler
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Hon. Grant Maloy
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Name |
Joanne P. Simmons
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2018-04-18
|
Type |
Disposition
|
Subtype |
Dism Voluntary
|
Description |
DISP-DISMISSED-VOLUNTARY ~ Petitioner having filed a proper notice of dismissal pursuant to Florida Rule of Appellate Procedure 9.350(b), it is ordered that the petition for review is hereby voluntarily dismissed.
|
|
Docket Date |
2018-03-22
|
Type |
Motion
|
Subtype |
Notice-Dismiss (Voluntary)
|
Description |
NOTICE-DISMISS (VOLUNTARY)
|
On Behalf Of |
First Liberty Insurance Corporation
|
View |
View File
|
|
Docket Date |
2018-03-07
|
Type |
Order
|
Subtype |
Extension of Time (Juris Brief)
|
Description |
ORDER-EXT OF TIME GR (JURIS BRIEF-PETITIONER) ~ Petitioner's motion for extension of time is granted, and petitioner is allowed to and including March 26, 2018, in which to serve the brief on jurisdiction. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied. All other times will be extended accordingly.
|
|
Docket Date |
2018-03-06
|
Type |
Event
|
Subtype |
Fee Paid Through Portal
|
Description |
Fee Paid Through Portal
|
|
Docket Date |
2018-03-05
|
Type |
Motion
|
Subtype |
Ext of Time (Juris Brief)
|
Description |
MOTION-EXT OF TIME (JURIS BRIEF)
|
On Behalf Of |
First Liberty Insurance Corporation
|
View |
View File
|
|
Docket Date |
2018-03-05
|
Type |
Miscellaneous Document
|
Subtype |
Pay Case Filing Fee-300
|
Description |
PAY CASE FILING FEE-300
|
On Behalf Of |
First Liberty Insurance Corporation
|
View |
View File
|
|
Docket Date |
2018-03-01
|
Type |
Letter-Case
|
Subtype |
Acknowledgment Letter-New Case-Pay Fee
|
Description |
ACKNOWLEDGMENT LETTER-NEW CASE-PAY FEE
|
|
Docket Date |
2018-02-26
|
Type |
Notice
|
Subtype |
Invoke Discretionary Jurisdiction
|
Description |
NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT)
|
On Behalf Of |
First Liberty Insurance Corporation
|
View |
View File
|
|
Docket Date |
2018-02-26
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
|
JOHANNA O'NEILL VS THE FIRST LIBERTY INSURANCE CORPORATION
|
4D2017-1534
|
2017-05-25
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Other
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502013CA004444MB
|
Parties
Name |
JOHANNA O'NEILL
|
Role |
Appellant
|
Status |
Active
|
Representations |
Brett C. Powell
|
|
Name |
THE FIRST LIBERTY INSURANCE CORPORATION
|
Role |
Appellee
|
Status |
Active
|
Representations |
Antonio D. Morin, Marc Lowell Bebergal, David A. Kleinberg, John Fitzgerald Billera, Christine L. Welstead, Andrew M. Moss
|
|
Name |
Hon. Donald W. Hafele
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Hon. Daniel J. Kanner
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - Palm Beach
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2018-11-16
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2018-11-16
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2018-10-25
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed - Per Curiam Affirmed
|
|
Docket Date |
2018-06-20
|
Type |
Brief
|
Subtype |
Cross-Reply Brief
|
Description |
Appellee/Cross-Appellant's Reply Brief
|
On Behalf Of |
The First Liberty Insurance Corporation
|
|
Docket Date |
2018-06-04
|
Type |
Order
|
Subtype |
Order on Agreed Extension of Time
|
Description |
Recognizing Agreed Extension of Time ~ 15 DAYS TO 6/20/18
|
|
Docket Date |
2018-06-04
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Cross-Reply Brief
|
Description |
Notice of Agreed Extension - Cross-Reply Brief
|
On Behalf Of |
The First Liberty Insurance Corporation
|
|
Docket Date |
2018-05-11
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant's Reply Brief ~ /CROSS-ANSWER BRIEF.
|
On Behalf Of |
JOHANNA O'NEILL
|
|
Docket Date |
2018-05-01
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
Description |
Order Granting EOT for Appellant's Reply Brief ~ ORDERED that appellant's April 26, 2018 motion for extension of time is granted, and appellant shall serve the reply/cross-answer brief within ten (10) days from the date of this order. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
|
Docket Date |
2018-04-26
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Reply Brief
|
Description |
Mot. for Extension of Time to File Reply Brief ~ /CROSS-ANSWER BRIEF
|
On Behalf Of |
JOHANNA O'NEILL
|
|
Docket Date |
2018-03-28
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
Description |
Order Granting EOT for Appellant's Reply Brief ~ ORDERED that appellant's March 26, 2018 motion for extension of time is granted, and appellant shall serve the reply/cross-answer brief within thirty (30) days from the date of this order. In addition, if the reply/cross-answer brief is served after the time provided for in this order, it may be stricken.
|
|
Docket Date |
2018-03-26
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Reply Brief
|
Description |
Mot. for Extension of Time to File Reply Brief ~ /CROSS-ANSWER BRIEF
|
On Behalf Of |
JOHANNA O'NEILL
|
|
Docket Date |
2018-02-22
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief ~ /CROSS-INITIAL BRIEF
|
On Behalf Of |
The First Liberty Insurance Corporation
|
|
Docket Date |
2018-02-22
|
Type |
Record
|
Subtype |
Supplemental Record
|
Description |
Supplemental Records
|
On Behalf Of |
The First Liberty Insurance Corporation
|
|
Docket Date |
2018-02-22
|
Type |
Order
|
Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
Description |
ORD-Allowing Attachment to Record ~ ORDERED that the Appellee/Cross-Appellant's February 21, 2018 motion to supplement the record is granted, and the record is supplemented to include the pleadings listed in the motion. Said supplemental record is deemed filed as of the date of this order.
|
|
Docket Date |
2018-02-21
|
Type |
Motions Relating to Records
|
Subtype |
Motion to Supplement Record
|
Description |
Motion To File Supplemental Record
|
On Behalf Of |
The First Liberty Insurance Corporation
|
|
Docket Date |
2018-02-08
|
Type |
Order
|
Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
Description |
ORD-Allowing Attachment to Record ~ ORDERED that the appellee/cross-appellant's February 7, 2018 motion to supplement the record is granted, and the record is supplemented to include the transcript of the September 12, 2016 hearing. Said supplemental record is deemed filed as of the date of this order.
|
|
Docket Date |
2018-02-08
|
Type |
Record
|
Subtype |
Supplemental Record
|
Description |
Supplemental Records
|
On Behalf Of |
The First Liberty Insurance Corporation
|
|
Docket Date |
2018-02-07
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Answer Brief
|
Description |
Mot. for Extension of time to file Answer Brief ~ *AND* INITIAL BRIEF ON CROSS-APPEAL
|
On Behalf Of |
The First Liberty Insurance Corporation
|
|
Docket Date |
2018-02-07
|
Type |
Motions Relating to Records
|
Subtype |
Motion to Supplement Record
|
Description |
Motion To File Supplemental Record
|
On Behalf Of |
The First Liberty Insurance Corporation
|
|
Docket Date |
2018-01-09
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
Description |
Notice of Agreed Extension - Answer Brief ~ AND INITIAL BRIEF ON CROSS-APPEAL 30 DAYS TO 2/12/18
|
On Behalf Of |
The First Liberty Insurance Corporation
|
|
Docket Date |
2017-12-07
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
Description |
Notice of Agreed Extension - Answer Brief ~ AND INITIAL BRIEF ON CROSS-APPEAL 30 DAYS TO 1/12/18
|
On Behalf Of |
The First Liberty Insurance Corporation
|
|
Docket Date |
2017-11-09
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
Description |
Notice of Agreed Extension - Answer Brief ~ AND INITIAL BRIEF ON CROSS-APPEAL 30 DAYS TO 12/13/17
|
On Behalf Of |
The First Liberty Insurance Corporation
|
|
Docket Date |
2017-10-20
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ (1406 PAGES)
|
|
Docket Date |
2017-10-18
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
JOHANNA O'NEILL
|
|
Docket Date |
2017-10-11
|
Type |
Record
|
Subtype |
Supplemental Record
|
Description |
Supplemental Records
|
On Behalf Of |
JOHANNA O'NEILL
|
|
Docket Date |
2017-10-11
|
Type |
Order
|
Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
Description |
ORD-Grant Supplemental ROA & EOT for Brief ~ ORDERED that the appellant’s October 9, 2017 motion to supplement the record is granted, and the record is supplemented to include transcripts of hearings had before the trial court. Said supplemental record is deemed filed as of the date of this order. Further,ORDERED that appellant shall serve the initial brief within five (5) days from the date of this order.
|
|
Docket Date |
2017-10-09
|
Type |
Motions Relating to Records
|
Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
Description |
Motion Supplemental Record & Eot For Brief
|
On Behalf Of |
JOHANNA O'NEILL
|
|
Docket Date |
2017-09-22
|
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 September 19, 2017 motion for extension of time is granted, and appellant shall serve the initial brief within fifteen (15) days from the date of this order. 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 |
2017-09-19
|
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 |
JOHANNA O'NEILL
|
|
Docket Date |
2017-08-28
|
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 |
JOHANNA O'NEILL
|
|
Docket Date |
2017-08-28
|
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 August 28, 2017 motion for extension of time is granted, and appellant shall serve the initial brief within fourteen (14) days from the date of this order. 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 |
2017-07-28
|
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 July 26, 2017 motion for extension of time is granted, and appellant shall serve the initial brief within thirty (30) days from the date of this order. 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 |
2017-07-26
|
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 |
JOHANNA O'NEILL
|
|
Docket Date |
2017-06-27
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
ORD-Pay filing Fee - Cross-Appeal - 10 days ~ A Notice of Cross-Appeal was filed in the lower tribunal on June 15, 2017. The $295.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Cross-Appeal as required by section 35.22(2)(b), Florida Statutes (2016) and Florida Rule of Appellate Procedure 9.110(b). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE CROSS-APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED, appellee/cross-appellant shall pay the $295.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of the entry of this order. Failure to comply within the time prescribed will result in dismissal of the cross-appeal 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 cross-appeal has a duty to tender the filing fee to the appellate court when the cross-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.
|
|
Docket Date |
2017-06-16
|
Type |
Notice
|
Subtype |
Notice of Cross Appeal
|
Description |
Notice of Cross Appeal
|
|
Docket Date |
2017-05-25
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2017-05-25
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
JOHANNA O'NEILL
|
|
Docket Date |
2017-05-25
|
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, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of this order. 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 circuit court clerk's determination of indigent status is filed.
|
|
Docket Date |
2017-05-25
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
|
TONI KELLY VS THE FIRST LIBERTY INSURANCE CORPORATION, ET AL.,
|
2D2016-5273
|
2016-11-29
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Other
|
Court |
2nd District Court of Appeal
|
Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Lee County
04-CA-2579
|
Parties
Name |
TONI KELLY
|
Role |
Appellant
|
Status |
Active
|
Representations |
DARA PAULSEN, ESQ., LEE FRIEDLAND, ESQ.
|
|
Name |
VERMILLION TONEY, L L C
|
Role |
Appellee
|
Status |
Active
|
|
Name |
D/B/A SERVPRO OF CAPE CORAL
|
Role |
Appellee
|
Status |
Active
|
|
Name |
THE FIRST LIBERTY INSURANCE CORPORATION
|
Role |
Appellee
|
Status |
Active
|
Representations |
TERRENCE L. LAVY, ESQ., FRANK E. DYLONG, ESQ., JR., STEVEN B. SUNDOOK, ESQ., TREVOR T. RHODES, ESQ.
|
|
Name |
NU IMAGE CLAIMS INC.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
LEE CLERK
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2020-01-14
|
Type |
Misc. Events
|
Subtype |
Case Closed
|
Description |
Case Closed
|
|
Docket Date |
2019-11-13
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
ORD-SUA SPONTE DISMISSAL ~ This appeal is dismissed for failure of the Appellant to comply with this court's August 28, 2019, order.
|
|
Docket Date |
2019-11-13
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Judge ~ KHOUZAM, C.J., AND CASANUEVA, AND MORRIS
|
|
Docket Date |
2019-08-28
|
Type |
Order
|
Subtype |
Order on Motion For Clarification
|
Description |
Grant Clarification-77 ~ Appellee's motion for clarification is granted as follows. This court's August 22, 2019, order is vacated to the extent that it directed Appellee to serve the answer brief. Appellee's motion to dismiss is denied. Within 5 days of the date of this order the appellant shall arrange with the clerk of the circuit court for transmission of the record on appeal, and within 30 days of this order the appellant shall file an amended initial brief compliant with Florida Rule of Appellate Procedure 9.210, particularly rule 9.210(b)(3). The failure of the appellant to comply with this order will subject this appeal to dismissal for failure to prosecute, without further notice.
|
|
Docket Date |
2019-08-26
|
Type |
Post-Disposition Motions
|
Subtype |
Motion For Clarification
|
Description |
Motion For Clarification ~ AMENDED MOTION FOR CLARIFICATION AND/OR DISMISSAL OF THE APPEAL
|
On Behalf Of |
THE FIRST LIBERTY INSURANCE CORPORATION
|
|
Docket Date |
2019-08-22
|
Type |
Order
|
Subtype |
Order
|
Description |
MISCELLANEOUS ORDER ~ In light of the appellee's status report, this court acknowledges expiration of the bankruptcy stay. This appeal will proceed. Appellee shall serve the answer brief within thirty days of the date of this order.
|
|
Docket Date |
2019-08-15
|
Type |
Misc. Events
|
Subtype |
Status Report
|
Description |
Status Report ~ STATUS OF BANKRUPTCY
|
On Behalf Of |
THE FIRST LIBERTY INSURANCE CORPORATION
|
|
Docket Date |
2019-07-15
|
Type |
Misc. Events
|
Subtype |
Status Report
|
Description |
Status Report ~ STATUS OF BANKRUPTCY
|
On Behalf Of |
TONI KELLY
|
|
Docket Date |
2019-07-08
|
Type |
Misc. Events
|
Subtype |
Status Report
|
Description |
Status Report ~ STATUS OF BANKRUPTCY
|
On Behalf Of |
THE FIRST LIBERTY INSURANCE CORPORATION
|
|
Docket Date |
2019-04-24
|
Type |
Order
|
Subtype |
Order to File Status Report
|
Description |
status report within * days ~ The parties shall file a status report regarding the bankruptcy proceeding within ten days from the date of this order.
|
|
Docket Date |
2018-11-13
|
Type |
Order
|
Subtype |
Order to File Response
|
Description |
ORD-TO FILE RESPONSE ~ The parties shall file status reports when the bankruptcy trustee has been discharged or on February 13, 2019, whichever is sooner.
|
|
Docket Date |
2018-11-02
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ APPELLEE'S RESPONSE TO ORDER OF SEPTEMBER 14, 2018
|
On Behalf Of |
THE FIRST LIBERTY INSURANCE CORPORATION
|
|
Docket Date |
2018-11-02
|
Type |
Order
|
Subtype |
Order to File Response
|
Description |
ORD-TO FILE RESPONSE ~ The parties shall respond to this court's September 14, 2018, order within 10 days of the present order.
|
|
Docket Date |
2018-09-14
|
Type |
Order
|
Subtype |
Order
|
Description |
Miscellaneous Order ~ The court notes the status report filed by the appellee attaching the order of discharge of the appellant from her bankruptcy case. The court also notes, however, that the federal online docket reflects that the trustee has not yet been discharged from the appellant's Chapter 7 case.Within 15 days of the date of this order, the parties shall file in this court statements addressing the issue of whether the bankruptcy stay remains in effect in a Chapter 7 case while the trustee has not been discharged.
|
|
Docket Date |
2018-08-08
|
Type |
Misc. Events
|
Subtype |
Status Report
|
Description |
Status Report ~ NOTICE OF BANKRUPTCY DISCHARGE
|
On Behalf Of |
THE FIRST LIBERTY INSURANCE CORPORATION
|
|
Docket Date |
2017-08-10
|
Type |
Order
|
Subtype |
Order re Stay
|
Description |
bankruptcy stay ~ This court is prevented from any action in this appeal due to the automatic stay provision of 11 U.S.C., Section 362, Bankruptcy Code, unless a party receives stay relief from the bankruptcy court which at this time has jurisdiction. The parties are directed to inform this court when the bankruptcy court grants relief from the automatic stay or when the stay lapses. If neither of these events occurs within 120 days of this order, the parties are requested to provide this court with individual status reports or a joint report.
|
|
Docket Date |
2017-07-31
|
Type |
Notice
|
Subtype |
Suggestion of Bankruptcy
|
Description |
Suggestion of Bankruptcy
|
|
Docket Date |
2017-06-23
|
Type |
Order
|
Subtype |
Order
|
Description |
MISCELLANEOUS ORDER ~ The appellees' motion to dismiss is treated as a motion to strike the initial brief. The motion to dismiss is denied as to dismissal, without prejudice.The motion to strike the initial brief is granted. The initial brief is stricken. Within 5 days of the date of this order the appellant shall arrange with the clerk of the circuit court for transmission of the record on appeal, and within 30 days of this order the appellant shall file an amended initial brief compliant with Florida Rule of Appellate Procedure 9.210, particularly rule 9.210(b)(3). The failure of the appellant to comply with this order will subject this appeal to dismissal for failure to prosecute, without further notice.
|
|
Docket Date |
2017-02-16
|
Type |
Order
|
Subtype |
Order to File Response
|
Description |
ORD-TO FILE RESPONSE ~ Appellant is directed to respond within ten (10) days from the date of this order to appellees' motion to dismiss appeal.
|
|
Docket Date |
2017-02-07
|
Type |
Motions Other
|
Subtype |
Motion To Dismiss
|
Description |
Motion To Dismiss
|
On Behalf Of |
THE FIRST LIBERTY INSURANCE CORPORATION
|
|
Docket Date |
2017-01-31
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Appellant Brief on Merits
|
On Behalf Of |
TONI KELLY
|
|
Docket Date |
2017-01-18
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
Case Filing Fee Paid through Portal
|
On Behalf Of |
TONI KELLY
|
|
Docket Date |
2016-12-13
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter 1
|
|
Docket Date |
2016-12-13
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
fee - civil; atty
|
|
Docket Date |
2016-11-29
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
Docket Date |
2016-11-29
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
TONI KELLY
|
|
|
DAVID FORTHUBER VS FIRST LIBERTY INSURANCE CORPORATION
|
5D2016-2599
|
2016-07-29
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Other
|
Court |
5th District Court of Appeal
|
Originating Court |
Circuit Court for the Eighteenth Judicial Circuit, Seminole County
2011-CA-1210
|
Parties
Name |
DAVID FORTHUBER
|
Role |
Appellant
|
Status |
Active
|
Representations |
HEWETT G. WOODWARD, James C. Hauser
|
|
Name |
THE FIRST LIBERTY INSURANCE CORPORATION
|
Role |
Appellee
|
Status |
Active
|
Representations |
Scot E. Samis, C. Ryan Jones
|
|
Name |
Hon. Jessica J. Recksiedler
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk Seminole
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2018-04-18
|
Type |
Supreme Court
|
Subtype |
Supreme Court Opinion
|
Description |
Supreme Court Disposition ~ SC18-330 PETITION VOLUNTARILY DISMISSED
|
|
Docket Date |
2018-03-01
|
Type |
Supreme Court
|
Subtype |
Acknowledged Receipt from Supreme Court
|
Description |
Acknowledged Receipt from Supreme Court ~ SC18-330
|
|
Docket Date |
2018-02-26
|
Type |
Supreme Court
|
Subtype |
Review Sent to Supreme Court
|
Description |
Review Sent to Supreme Court
|
|
Docket Date |
2018-02-23
|
Type |
Notice
|
Subtype |
Notice
|
Description |
NOTICE OF DISCRETN. JURISDICTN ~ FILED BY C. RYAN JONES
|
|
Docket Date |
2018-02-12
|
Type |
Record
|
Subtype |
Returned Records
|
Description |
Returned Records ~ NO RECORD EFILED
|
|
Docket Date |
2018-02-12
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2018-01-24
|
Type |
Order
|
Subtype |
Order on Motion for Rehearing and Rehearing En Banc
|
Description |
Order Deny Motion for Rehearing / Rehearing En Banc ~ AND AA'S 1/12 REHEARING/CLARIFICATION OF ORDER DENYING ATTY FEES
|
|
Docket Date |
2018-01-22
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ TO 1/12 MOTION
|
On Behalf Of |
FIRST LIBERTY INSURANCE CORPORATION
|
|
Docket Date |
2018-01-12
|
Type |
Post-Disposition Motions
|
Subtype |
Motion for Rehearing
|
Description |
Motion For Rehearing/Interim Order ~ AND/OR CLARIFICATION OF 11/17 ORDER ON ATTYS FEES OR CERTIFICATION TO SC
|
On Behalf Of |
DAVID FORTHUBER
|
|
Docket Date |
2018-01-12
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix ~ TO 1/12 MOTION
|
On Behalf Of |
DAVID FORTHUBER
|
|
Docket Date |
2017-12-29
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ TO MOT REH, ETC.
|
On Behalf Of |
DAVID FORTHUBER
|
|
Docket Date |
2017-12-21
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Order Grant EOT ~ AA FILE MOT REH/CLARIF TO 1/12/18; NO FURTHER
|
|
Docket Date |
2017-12-19
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time
|
Description |
Motion for Extension of Time ~ TO FILE MOT REH, ETC.
|
On Behalf Of |
DAVID FORTHUBER
|
|
Docket Date |
2017-12-19
|
Type |
Post-Disposition Motions
|
Subtype |
Motion for Rehearing
|
Description |
Motion for Rehearing / Rehearing En Banc
|
On Behalf Of |
FIRST LIBERTY INSURANCE CORPORATION
|
|
Docket Date |
2017-12-04
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Order Grant EOT ~ FILE MOT REH/REH EN BANC AND CLARIFICATION TO 12/19
|
|
Docket Date |
2017-11-30
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time
|
Description |
Motion for Extension of Time ~ TO FILE MOT FOR REHEARING/MOT FOR REHEARING EN BANC
|
On Behalf Of |
FIRST LIBERTY INSURANCE CORPORATION
|
|
Docket Date |
2017-11-17
|
Type |
Order
|
Subtype |
Order on Motion For Attorney's Fees
|
Description |
Order Granting Attorney's Fees
|
|
Docket Date |
2017-11-17
|
Type |
Disposition by Opinion
|
Subtype |
Reversed
|
Description |
Reversed - Per Curiam Opinion ~ AND REMANDED, AS TO APPEAL;AFFIRMED AS TO CROSS-APPEAL.;CORRECTED OPIN 11/17/17
|
|
Docket Date |
2017-09-21
|
Type |
Notice
|
Subtype |
Notice of Supplemental Authority
|
Description |
Notice of Supplemental Authority
|
On Behalf Of |
DAVID FORTHUBER
|
|
Docket Date |
2017-07-19
|
Type |
Notice
|
Subtype |
Notice of Oral Argument
|
Description |
NOTICE OF ORAL ARGUMENT
|
|
Docket Date |
2017-05-31
|
Type |
Brief
|
Subtype |
Cross-Reply Brief
|
Description |
Appellee/Cross-Appellant's Reply Brief
|
On Behalf Of |
FIRST LIBERTY INSURANCE CORPORATION
|
|
Docket Date |
2017-04-28
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ AGREED EOT TO FILE CROSS REPLY BRF TO 5/31
|
On Behalf Of |
FIRST LIBERTY INSURANCE CORPORATION
|
|
Docket Date |
2017-04-17
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ TO MOT ATTY FEES
|
On Behalf Of |
FIRST LIBERTY INSURANCE CORPORATION
|
|
Docket Date |
2017-04-11
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant's Reply Brief
|
On Behalf Of |
DAVID FORTHUBER
|
|
Docket Date |
2017-04-10
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees ~ FOR MERIT PANEL CONSIDERATION
|
On Behalf Of |
DAVID FORTHUBER
|
|
Docket Date |
2017-03-21
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ AGREED EOT TO FILE REPLY BRF TO 4/17
|
On Behalf Of |
DAVID FORTHUBER
|
|
Docket Date |
2017-02-17
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument
|
On Behalf Of |
DAVID FORTHUBER
|
|
Docket Date |
2017-02-17
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ AGREED EOT TO FILE REPLY BRF TO 3/27
|
On Behalf Of |
DAVID FORTHUBER
|
|
Docket Date |
2017-02-03
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief
|
On Behalf Of |
FIRST LIBERTY INSURANCE CORPORATION
|
|
Docket Date |
2016-12-30
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ AGREED EOT TO FILE ANS BRF TO 2/3
|
On Behalf Of |
FIRST LIBERTY INSURANCE CORPORATION
|
|
Docket Date |
2016-11-29
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ AGREED EOT TO FILE ANS BRF TO 1/4/17
|
On Behalf Of |
FIRST LIBERTY INSURANCE CORPORATION
|
|
Docket Date |
2016-11-15
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
DAVID FORTHUBER
|
|
Docket Date |
2016-10-19
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ AGREED EOT TO FILE ANS BRF TO 11/15
|
On Behalf Of |
DAVID FORTHUBER
|
|
Docket Date |
2016-10-17
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ 1 VOL EFILED (607 PAGES) TRL TRANSC.
|
On Behalf Of |
Clerk Seminole
|
|
Docket Date |
2016-10-12
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ INABILITY TO COMPLETE ROA
|
|
Docket Date |
2016-08-19
|
Type |
Order
|
Subtype |
Order Declining Referral to Mediation
|
Description |
ORD- Declining Referral to Mediation
|
|
Docket Date |
2016-08-10
|
Type |
Mediation
|
Subtype |
Confidential Statement
|
Description |
Confidential Statement ~ AE SCOT E. SAMIS 651753
|
On Behalf Of |
FIRST LIBERTY INSURANCE CORPORATION
|
|
Docket Date |
2016-08-10
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
FIRST LIBERTY INSURANCE CORPORATION
|
|
Docket Date |
2016-08-09
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
Order to pay filing fee - Notice/Motion (295)
|
|
Docket Date |
2016-08-08
|
Type |
Notice
|
Subtype |
Notice of Cross Appeal
|
Description |
Notice of Cross Appeal ~ FEE PAID 8/18/16; FILED BELOW 8/8/16
|
On Behalf Of |
FIRST LIBERTY INSURANCE CORPORATION
|
|
Docket Date |
2016-08-05
|
Type |
Mediation
|
Subtype |
Mediation Questionnaire
|
Description |
Mediation Questionnaire ~ AA JAMES C. HAUSER 168348
|
On Behalf Of |
DAVID FORTHUBER
|
|
Docket Date |
2016-07-29
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
Order to pay filing fee - Civil appeal (300)
|
|
Docket Date |
2016-07-29
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ FILED BELOW 7/28/16
|
On Behalf Of |
DAVID FORTHUBER
|
|
Docket Date |
2016-07-29
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
Docket Date |
2016-07-29
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgement Letter 1
|
|
Docket Date |
2016-07-29
|
Type |
Mediation
|
Subtype |
Other
|
Description |
Mediation Packet
|
|
|
TONI KELLY VS THE FIRST LIBERTY INSURANCE CORPORATION, et al.,
|
2D2016-2340
|
2016-05-17
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Other
|
Court |
2nd District Court of Appeal
|
Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Lee County
04-CA-2579
|
Parties
Name |
TONI KELLY
|
Role |
Appellant
|
Status |
Active
|
Representations |
LEE FRIEDLAND, ESQ.
|
|
Name |
NU IMAGE CLAIMS INC.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
THE FIRST LIBERTY INSURANCE CORPORATION
|
Role |
Appellee
|
Status |
Active
|
Representations |
TERRENCE L. LAVY, ESQ.
|
|
Name |
VERMILLION TONEY, L L C
|
Role |
Appellee
|
Status |
Active
|
|
Name |
LEE CLERK
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2017-05-16
|
Type |
Misc. Events
|
Subtype |
Case Closed
|
Description |
Case Closed
|
|
Docket Date |
2017-03-06
|
Type |
Order
|
Subtype |
Order on Motion for Reinstatement
|
Description |
Deny Motion to Reinstate-61a ~ Appellant's motion for reinstatement is denied.
|
|
Docket Date |
2017-02-17
|
Type |
Response
|
Subtype |
Objection
|
Description |
OBJECTION ~ APPELLEE'S OPPOSITION TO APPELLANT'S SECOND MOTION TO REINSTATE APPEAL AND REQUEST FOR SANCTIONS PURSUANT TO FLRAP 9.410
|
On Behalf Of |
THE FIRST LIBERTY INSURANCE CORPORATION
|
|
Docket Date |
2017-02-14
|
Type |
Post-Disposition Motions
|
Subtype |
Motion For Reinstatement
|
Description |
Motion For Reinstatement
|
On Behalf Of |
TONI KELLY
|
|
Docket Date |
2017-02-02
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Judge ~ CASANUEVA, LaROSE, and KHOUZAM
|
|
Docket Date |
2017-02-02
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
ORD-GRANTING APLEE'S MOTION TO DISMISS ~ The appellees' motion to dismiss is granted. This appeal is dismissed for the appellant's failure to respond to this court's order of November 29, 2016, and December 21, 2016.
|
|
Docket Date |
2016-12-21
|
Type |
Order
|
Subtype |
Order to File Response
|
Description |
ORD-TO FILE RESPONSE ~ This court by order dated November 28, 2016, directed the appellant to respond to the appellee's motion to dismiss and to provide a copy of the order sought to be reviewed. The appellant has responded to the motion to dismiss, identifying the order on appeal with a reference to the trial court's docket. Within 7 days of this order the appellant shall file in this court a copy of the order on appeal, failing which the appeal will be subject to dismissal without further notice.
|
|
Docket Date |
2016-12-13
|
Type |
Response
|
Subtype |
Reply
|
Description |
REPLY ~ APPELLEES' REPLY TO PLAINTIFF'S OPPOSITION TO MOTION TO DISMISS APPEAL BASED UPON MOOTNESS
|
On Behalf Of |
THE FIRST LIBERTY INSURANCE CORPORATION
|
|
Docket Date |
2016-12-12
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ APPELLANT'S RESPONSE TO APPELLEES' MOTION TO DISMISS
|
On Behalf Of |
TONI KELLY
|
|
Docket Date |
2016-11-29
|
Type |
Order
|
Subtype |
Order to File Response
|
Description |
ORD-TO FILE RESPONSE ~ Within 10 days of the date of this order the appellant shall respond to the appellee's motion to dismiss. Additionally, within the same period of time the appellant shall file a copy of the order sought to be appealed as directed by this court's May 31, 2016, order, prior to the initial dismissal and reinstatement of this appeal, failing which the appeal will be dismissed irrespective of the merits, if any, of the motion to dismiss. Finally, the appellant shall show cause why the initial brief should not be stricken for failure to refer either to the record on appeal or an appendix. Assuming that the motion to dismiss is not granted, the court will determine the categorization of the appeal as final or nonfinal upon receipt of the order on appeal, which will in turn determine whether a formal record or an appendix to the initial brief will be required.
|
|
Docket Date |
2016-11-28
|
Type |
Motions Other
|
Subtype |
Motion To Dismiss
|
Description |
Motion To Dismiss
|
On Behalf Of |
THE FIRST LIBERTY INSURANCE CORPORATION
|
|
Docket Date |
2016-11-16
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Appellant Brief on Merits
|
On Behalf Of |
TONI KELLY
|
|
Docket Date |
2016-10-27
|
Type |
Order
|
Subtype |
Order to Serve Brief
|
Description |
Order for Immediate Filing of Brief
|
|
Docket Date |
2016-08-25
|
Type |
Order
|
Subtype |
Order on Miscellaneous Motion
|
Description |
Deny Miscellaneous Motion-79a ~ motion for sanctions
|
|
Docket Date |
2016-08-22
|
Type |
Response
|
Subtype |
Objection
|
Description |
OBJECTION ~ APPELLEE' S OPPOSITION TO MOTION TO REINSTATE APPEAL AND REQUEST FOR SANCTIONS PURSUANT TO FLRAP 9.410
|
On Behalf Of |
THE FIRST LIBERTY INSURANCE CORPORATION
|
|
Docket Date |
2016-08-22
|
Type |
Order
|
Subtype |
Order on Motion for Reinstatement
|
Description |
ORD-REINSTATEMENT ~ AA's motion to reinstate is granted, and this appeal is reinstated.
|
|
Docket Date |
2016-08-22
|
Type |
Motions Other
|
Subtype |
Motion for Sanctions
|
Description |
Motion for Sanctions ~ (contained in the response)
|
On Behalf Of |
THE FIRST LIBERTY INSURANCE CORPORATION
|
|
Docket Date |
2016-08-18
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
Case Filing Fee Paid through Portal
|
On Behalf Of |
TONI KELLY
|
|
Docket Date |
2016-08-18
|
Type |
Post-Disposition Motions
|
Subtype |
Motion For Reinstatement
|
Description |
Motion For Reinstatement ~ APPELLANT'S MOTION FOR REINSTATEMENT OF APPEAL
|
On Behalf Of |
TONI KELLY
|
|
Docket Date |
2016-07-22
|
Type |
Misc. Events
|
Subtype |
Case Closed
|
Description |
Case Closed
|
|
Docket Date |
2016-06-29
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Judge ~ SILBERMAN, WALLACE, and MORRIS
|
|
Docket Date |
2016-06-29
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
dismiss/no fee/order of insolvency
|
|
Docket Date |
2016-06-01
|
Type |
Order
|
Subtype |
Order
|
Description |
Miscellaneous Order ~ Appellant's April 1, 2016 notice of appeal was transmitted to this court on May 17, 2016.
|
|
Docket Date |
2016-05-31
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
fee - civil; atty
|
|
Docket Date |
2016-05-31
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter 1
|
|
Docket Date |
2016-05-17
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
Docket Date |
2016-05-17
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
TONI KELLY
|
|
|
TONI KELLY VS NU IMAGE CLAIMS, INC. et al.,
|
2D2015-3795
|
2015-08-26
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Other
|
Court |
2nd District Court of Appeal
|
Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Lee County
04-CA-2579
|
Parties
Name |
TONI KELLY
|
Role |
Appellant
|
Status |
Active
|
Representations |
JACLYN ANN BEHAR, ESQ., AARON BEHAR, ESQ.
|
|
Name |
THE FIRST LIBERTY INSURANCE CORPORATION
|
Role |
Appellee
|
Status |
Active
|
|
Name |
NU IMAGE CLAIMS INC.
|
Role |
Appellee
|
Status |
Active
|
Representations |
TERRENCE L. LAVY, ESQ.
|
|
Name |
VERMILLION TONEY, L L C
|
Role |
Appellee
|
Status |
Active
|
|
Name |
LEE CLERK
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2017-04-03
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2017-03-08
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed - Per Curiam Affirmed
|
|
Docket Date |
2016-11-01
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
Description |
ORDER GRANTING APPELLANT'S REPLY BRIEF
|
|
Docket Date |
2016-10-21
|
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 |
TONI KELLY
|
|
Docket Date |
2016-10-04
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee Answer Brief
|
On Behalf Of |
NU IMAGE CLAIMS, INC.
|
|
Docket Date |
2016-09-07
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ PLAINTIFF/APPELLANT'S RESPONSE AND OPPOSITION TO DEFENDANT/APPELLEE'S MOTION FOR EXTENSION OF TIME TO FILE REPLY BRIEF TO APPELLANT'S AMENDED APPELLATE BRIEF
|
On Behalf Of |
TONI KELLY
|
|
Docket Date |
2016-09-07
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
Description |
grant eot for AB - unlikely
|
|
Docket Date |
2016-09-06
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Answer Brief
|
Description |
Mot. for Extension of time to file Answer Brief ~ AA's objection is noted within motion.
|
On Behalf Of |
NU IMAGE CLAIMS, INC.
|
|
Docket Date |
2016-07-06
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ NOTICE OF CHANGE OF RESPONSIBLE COUNSEL FOR DEFENDANT/APPELLEE
|
On Behalf Of |
NU IMAGE CLAIMS, INC.
|
|
Docket Date |
2016-06-01
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ 90-AB DUE 09/06/16 (NU-IMAGE CLAIMS, INC.)
|
On Behalf Of |
NU IMAGE CLAIMS, INC.
|
|
Docket Date |
2016-05-13
|
Type |
Brief
|
Subtype |
Amended Initial Brief
|
Description |
Amended Appellant Initial Brief
|
On Behalf Of |
TONI KELLY
|
|
Docket Date |
2016-04-28
|
Type |
Order
|
Subtype |
Order on Motion For Leave To File Amended Brief
|
Description |
Order Denying Amended Brief ~ The appellant's motion for leave to file overlong initial brief is denied. The initial brief is stricken. The appellant shall serve an amended initial brief limited to fifty substantive pages within fifteen days of this order.
|
|
Docket Date |
2016-04-19
|
Type |
Motions Relating to Briefs
|
Subtype |
Motion to Amend Brief
|
Description |
Motion For Leave To File Amended Brief ~ APELLEE'S MOTION FOR LEAVE TO EXTEND THE PAGE LIMITATION, OR IN THE ALTERNATIVE, MOTION FOR LEAVE TO AMEND THE INITIAL BRIEF
|
On Behalf Of |
TONI KELLY
|
|
Docket Date |
2016-04-18
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Appellant Brief on Merits ~ WORD
|
On Behalf Of |
TONI KELLY
|
|
Docket Date |
2016-03-04
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
ORDER GRANTING EOT FOR INITIAL BRIEF
|
|
Docket Date |
2016-03-03
|
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 |
TONI KELLY
|
|
Docket Date |
2016-02-10
|
Type |
Record
|
Subtype |
Supplemental Record
|
Description |
Supplemental Records
|
|
Docket Date |
2016-01-14
|
Type |
Order
|
Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
Description |
ORD-GRANT SUPP.REC & EOT F/BRF ~ GAT - IB due 3/8/16
|
|
Docket Date |
2016-01-11
|
Type |
Notice
|
Subtype |
Notice of Designation of E-mail Address
|
Description |
Notice of Designation of Email Address
|
On Behalf Of |
NU IMAGE CLAIMS, INC.
|
|
Docket Date |
2016-01-08
|
Type |
Response
|
Subtype |
Objection
|
Description |
OBJECTION ~ APPELLEE' S OPPOSITION TO MOTION TO TOLL TIME TO FILE INITIAL BRIEF
|
On Behalf Of |
NU IMAGE CLAIMS, INC.
|
|
Docket Date |
2016-01-06
|
Type |
Motions Relating to Records
|
Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
Description |
Motion Supplemental Record & Eot For Brief
|
On Behalf Of |
TONI KELLY
|
|
Docket Date |
2015-10-30
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ /gat
|
|
Docket Date |
2015-10-23
|
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 |
TONI KELLY
|
|
Docket Date |
2015-10-19
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ DURYEA **FTP RECORD**
|
|
Docket Date |
2015-09-02
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
fee - civil; atty
|
|
Docket Date |
2015-08-26
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
TONI KELLY
|
|
Docket Date |
2015-08-26
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
|
THE FIRST LIBERTY CORP. VS JOHANNA O'NEILL, et al.
|
4D2014-2895
|
2014-08-01
|
Closed
|
|
Classification |
Original Proceedings - Circuit Civil - Certiorari
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502013CA004444MB
|
Parties
Name |
THE FIRST LIBERTY INSURANCE CORPORATION
|
Role |
Appellant
|
Status |
Active
|
Representations |
MARK S. SHAPIRO, Antonio D. Morin
|
|
Name |
JOHANNA O'NEILL
|
Role |
Appellee
|
Status |
Active
|
Representations |
Joshua William Brankamp, Travis Souder, Brett C. Powell, John Fitzgerald Billera, Andrew M. Moss
|
|
Name |
WILLIE J. ANDERSON
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Hon. Donald W. Hafele
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - Palm Beach
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2014-11-17
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix to Brief
|
On Behalf Of |
The First Liberty Insurance Corporation
|
|
Docket Date |
2014-11-17
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
The First Liberty Insurance Corporation
|
|
Docket Date |
2014-11-14
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ (2)
|
|
Docket Date |
2014-11-06
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
Description |
Notice of Agreed Extension - Initial Brief ~ 10 DAYS TO 11/17/14
|
On Behalf Of |
The First Liberty Insurance Corporation
|
|
Docket Date |
2014-10-07
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
Description |
Notice of Agreed Extension - Initial Brief ~ 29 DAYS TO 11/07/14
|
On Behalf Of |
The First Liberty Insurance Corporation
|
|
Docket Date |
2014-08-08
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
JOHANNA O'NEILL
|
|
Docket Date |
2014-08-06
|
Type |
Order
|
Subtype |
Order to Register/Update eDCA
|
Description |
Counsel to register with eDCA ~ Be advised that Andrew M. Moss, Antonio D. Morin, John F. Billera, Joshua Brankamp and Travis Souder have failed to comply with this Court¿s Administrative Order No. 2013-01, requiring counsel of record to register with the Fourth District Court of Appeal¿s electronic filing system to receive electronic copies of court communications, including but not limited to orders.You are further advised that to receive all communications from this Court in electronic form you must register at www.4dca.org or https://edca.4dca.org.Unless you obtain a hardship waiver of the registration requirement the Clerk of the Court shall cease mailing paper copies of all communications from the Court to you after ten (10) days from the date of this order.Paper copies can be obtained by completing a Copy Request Form located at www.4dca.org.AMERICANS WITH DISABILITIES ACT: If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, the provision of certain assistance. Please contact the Marshal, Daniel DiGiacomo, 4th District Court of Appeal, 1525 Palm Beach Lakes Blvd., West Palm Beach, Florida 33401, telephone (561)242-2000; 1-800-955-8771(TDD): or 1-800-955-8770(V) via Florida Relay Service, at least seven (7) days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than seven (7) days; if you are hearing or voice impaired, call 711.
|
|
Docket Date |
2016-05-25
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2016-01-13
|
Type |
Disposition
|
Subtype |
Denied
|
Description |
Denied - Authored Opinion
|
|
Docket Date |
2015-06-05
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant's Reply Brief
|
On Behalf Of |
The First Liberty Insurance Corporation
|
|
Docket Date |
2015-05-11
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
Description |
Notice of Agreed Extension - Reply Brief ~ 26 DAYS TO 06/5/15
|
On Behalf Of |
The First Liberty Insurance Corporation
|
|
Docket Date |
2015-04-27
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
Description |
Notice of Agreed Extension - Reply Brief ~ 14 DAYS TO 05/11/15
|
On Behalf Of |
The First Liberty Insurance Corporation
|
|
Docket Date |
2015-04-06
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
Description |
Notice of Agreed Extension - Reply Brief ~ 20 DAYS TO 4/27/15
|
On Behalf Of |
The First Liberty Insurance Corporation
|
|
Docket Date |
2015-03-18
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief
|
On Behalf Of |
JOHANNA O'NEILL
|
|
Docket Date |
2015-03-02
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
Description |
Notice of Agreed Extension - Answer Brief ~ 15 DAYS TO 03/17/15
|
On Behalf Of |
JOHANNA O'NEILL
|
|
Docket Date |
2015-02-20
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
Description |
Notice of Agreed Extension - Answer Brief ~ TO 03/02/15
|
On Behalf Of |
JOHANNA O'NEILL
|
|
Docket Date |
2015-01-20
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
Description |
Notice of Agreed Extension - Answer Brief ~ 30 DAYS TO 2/22/15
|
On Behalf Of |
JOHANNA O'NEILL
|
|
Docket Date |
2014-12-08
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
Description |
Notice of Agreed Extension - Answer Brief ~ 30 DAYS TO 1/23/15
|
On Behalf Of |
JOHANNA O'NEILL
|
|
Docket Date |
2014-12-03
|
Type |
Brief
|
Subtype |
Amended Initial Brief
|
Description |
Amended Appellant's Initial Brief
|
On Behalf Of |
The First Liberty Insurance Corporation
|
|
Docket Date |
2014-11-24
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
ORD-Stricken ~ The appellant's initial brief filed November 17, 2014, is stricken as not in compliance with Florida Rules of Appellate Procedure 9.210(b), (c), and (d) in that the table of contents does not list issues for review. An amended brief in compliance with the rules shall be filed within ten (10) days of the date of this order. The time for any responsive briefing shall be tolled until service of this amended brief.
|
|
Docket Date |
2014-08-05
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2014-08-01
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
The First Liberty Insurance Corporation
|
|
Docket Date |
2014-08-01
|
Type |
Misc. Events
|
Subtype |
Order Appealed
|
Description |
**DNU** order appealed
|
|
|