|
Denise Sparks, Appellant(s) v. Forrest Solutions/Everest National Insurance Company, Appellee(s).
|
1D2024-0158
|
2024-01-17
|
Closed
|
|
| Classification |
NOA Final - Workers Compensation - Workers Compensation
|
| Court |
1st District Court of Appeal
|
| Originating Court |
Office of the Judges of Compensation Claims
22-018355MAM
|
Parties
| Name |
Mark A. Massey
|
| Role |
Judge of Compensation Claims
|
| Status |
Active
|
|
| Name |
Denise Sparks
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Donald James Magee
|
|
| Name |
FORREST SOLUTIONS, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Yosue Louis Ochoa, Mary Frances Nelson
|
|
| Name |
EVEREST NATIONAL INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Yosue Louis Ochoa, Mary Frances Nelson
|
|
| Name |
David W. Langham
|
| Role |
Judge of Compensation Claims
|
| Status |
Active
|
|
| Name |
Julie Hunsaker WC
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-07-31
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order on Motion For Attorney's Fees
|
| View |
View File
|
|
| Docket Date |
2024-07-31
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed
390 So. 3d 1214
|
| View |
View File
|
|
| Docket Date |
2024-04-24
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Reply Brief
|
| On Behalf Of |
Denise Sparks
|
|
| Docket Date |
2024-04-17
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Answer Brief
|
| On Behalf Of |
Everest National Insurance Company
|
|
| Docket Date |
2024-03-19
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Denise Sparks
|
|
| Docket Date |
2024-03-18
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief
|
| On Behalf Of |
Denise Sparks
|
|
| Docket Date |
2024-02-27
|
| Type |
Record
|
| Subtype |
Record on Appeal Redacted
|
| Description |
Record on Appeal Redacted- 124 pages
|
|
| Docket Date |
2024-02-20
|
| Type |
Event
|
| Subtype |
Fee Paid in Full
|
| Description |
Fee Paid in Full
|
| View |
View File
|
|
| Docket Date |
2024-08-19
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-08-19
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2024-02-12
|
| Type |
Misc. Events
|
| Subtype |
Docketing Statement
|
| Description |
Docketing Statement (all questions are blank)
|
| On Behalf Of |
Forrest Solutions
|
|
| Docket Date |
2024-02-02
|
| Type |
Misc. Events
|
| Subtype |
Docketing Statement
|
| Description |
Docketing Statement
|
| On Behalf Of |
Denise Sparks
|
|
| Docket Date |
2024-01-25
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-01-17
|
| Type |
Misc. Events
|
| Subtype |
Order Appealed
|
| Description |
Order Appealed
|
| On Behalf Of |
Mark A. Massey
|
|
| Docket Date |
2024-01-17
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
| On Behalf Of |
Denise Sparks
|
|
| Docket Date |
2024-02-14
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order on Filing Fee
|
| View |
View File
|
|
|
|
WATERSIDE AT BOYNTON BEACH HOMEOWNERS ASSOCIATION/WATERSIDE CLUB, LLC, Appellant(s) v. EVEREST NATIONAL INSURANCE COMPANY, Appellee(s).
|
4D2023-2817
|
2023-11-22
|
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
502020CA000900
|
Parties
| Name |
Waterside at Boynton Beach Homeowners Association
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Wesley Tyson Dunaway
|
|
| Name |
WATERSIDE CLUB, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
EVEREST NATIONAL INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Mario Luis Enriquez
|
|
| Name |
Hon. Bradley G. Harper
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Palm Beach Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-12-01
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Pursuant to the November 28, 2023 notice of voluntary dismissal, this appeal is dismissed.
|
| View |
View File
|
|
| Docket Date |
2023-11-29
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Case Filing Fee Paid through Portal
|
| On Behalf Of |
Waterside at Boynton Beach Homeowners Association
|
| View |
View File
|
|
| Docket Date |
2023-11-28
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Motion/Notice Voluntary Dismissal
|
| On Behalf Of |
Waterside at Boynton Beach Homeowners Association
|
|
| Docket Date |
2023-11-22
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2023-11-22
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order on Filing Fee
|
| View |
View File
|
|
| Docket Date |
2023-11-22
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
|
|
|
Everest National Insurance Company, v. The Metropolitan Condominium Association, Inc.,
|
3D2023-1241
|
2023-07-10
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
19-29243
|
Parties
| Name |
EVEREST NATIONAL INSURANCE COMPANY
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Jesse Craig Dyer
|
|
| Name |
Hon. Charles Kenneth Johnson
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
THE METROPOLITAN CONDOMINIUM ASSOCIATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Andrew Fuxa, Jeremy Fenton Tyler, Maria I. Fuxa, Gilberto Justino Barreto
|
|
Docket Entries
| Docket Date |
2023-10-06
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp. w/o Mandate
|
|
| Docket Date |
2023-10-06
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-10-06
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
IT IS HEREBY ORDERED that Appellant's Notice of Dismissal is recognized by the Court, and this appeal from the Circuit Court for Miami-Dade County, Florida is hereby dismissed.
|
| View |
View File
|
|
| Docket Date |
2023-08-09
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Clerk's notice granting eot (CLKEX) ~ IB-30 days to 09/14/2023
|
|
| Docket Date |
2023-08-08
|
| 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 |
Everest National Insurance Company
|
|
| Docket Date |
2023-07-25
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Clerk's notice granting eot (CLKEX) ~ IB-15 days to 08/15/2023
|
|
| Docket Date |
2023-07-24
|
| 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 |
Everest National Insurance Company
|
|
| Docket Date |
2023-07-24
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ Certificate of Service
|
| On Behalf Of |
Everest National Insurance Company
|
|
| Docket Date |
2023-07-11
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Everest National Insurance Company
|
|
| Docket Date |
2023-07-11
|
| Type |
Order
|
| Subtype |
Certificate of Service
|
| Description |
Ap/ant Ordered to File Cert. of Serv. (OR50) ~ All pleadings filed in this Court must be served on each party and contain a certificate of service stating the names and addresses of those served. See Fla. R. App. P. 9.420. Within ten (10) days from the date of this Order, counsel for the appellant is directed to file with this Court a certificate of service indicating the addresses of all the parties in this appeal.
|
|
| Docket Date |
2023-07-10
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. **The $300 filing fee for an appeal is due.
|
|
| Docket Date |
2023-07-10
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2023-07-10
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ INCOMPLETE CERTIFICATE OF SERVICE
|
| On Behalf Of |
Everest National Insurance Company
|
|
| Docket Date |
2023-10-06
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Appellant's Notice of Dismissal
|
| On Behalf Of |
Everest National Insurance Company
|
|
| Docket Date |
2023-09-27
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Pursuant to the time schedule provided in the Florida Rules of Appellate Procedure, the time for filing the initial brief has expired. This cause will be subject to dismissal unless the document referred to is filed within ten (10) days from the date of this Order, or within said time the Court is otherwise notified that this matter is being diligently prosecuted.
|
| View |
View File
|
|
|
|
Nation Security, LLC, et al., Appellant(s), v. Everest National Insurance Co., et al., Appellee(s).
|
3D2023-0594
|
2023-04-03
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
22-11206
|
Parties
| Name |
NATION SECURITY, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Ramsey Villalon
|
|
| Name |
SUPRA SECURITY INC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
EVEREST NATIONAL INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Jerome Alan Pivnik
|
|
| Name |
Everest Indemnity Insurance Company
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Jerome Alan Pivnik
|
|
| Name |
Hon. Reemberto Diaz
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-10-26
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Reply Brief
|
| On Behalf Of |
Nation Security, LLC
|
| View |
View File
|
|
| Docket Date |
2023-10-13
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Appellees', Everest National Insurance Co. and Everest Indemnity
Insurance Co., Second Motion to Supplement the Record on Appeal, filed on
September 26, 2023, is granted, and the record on appeal is supplemented to include
the document which is attached to said Motion.
Order on Motion to Supplement Record
|
| View |
View File
|
|
| Docket Date |
2024-05-13
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2024-04-18
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-04-18
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing En Banc
|
| Description |
Appellees' Response to Appellant's Motion for Rehearing En Banc, filed on March 22, 2024, is noted.
Upon consideration, Appellant's Motion for Rehearing En Banc is treated as having included a motion for rehearing. The motion for rehearing is hereby denied.
The Motion for Rehearing En Banc is, likewise, denied.
|
| View |
View File
|
|
| Docket Date |
2024-03-22
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
APPELLEE'S RESPONSE TO MOTION FOR RE-HEARING
|
| On Behalf Of |
Everest National Insurance Company
|
|
| Docket Date |
2024-03-15
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing En Banc
|
| Description |
Motion for Rehearing En Banc
|
| On Behalf Of |
Nation Security, LLC
|
|
| Docket Date |
2024-02-28
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed in Part/Reversed in Part
|
| Description |
Affirmed in part, reversed in part and remanded.
|
| View |
View File
|
|
| Docket Date |
2023-09-27
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Appellees' Second Motion to Supplement Record on Appeal
|
| On Behalf Of |
Everest National Insurance Company
|
|
| Docket Date |
2023-09-26
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Answer Brief
|
| On Behalf Of |
Everest National Insurance Company
|
| View |
View File
|
|
| Docket Date |
2023-09-18
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Order on Motion for Extension of Time- AB - 15 days to 09/26/2023.
|
| View |
View File
|
|
| Docket Date |
2023-09-14
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Motion for Extension of Time to Serve Answer Brief
|
| On Behalf Of |
Everest National Insurance Company
|
|
| Docket Date |
2023-09-07
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Mot to Supplement Rec w/attachment Granted (OG13) ~ Appellees’ Motion to Supplement the Record on Appeal, filed on August 21, 2023, is granted, and the record on appeal is supplemented to include the documents that are attached to said Motion.
|
|
| Docket Date |
2023-08-22
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ AB-30 days to 09/18/2023
|
|
| Docket Date |
2023-08-22
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
Everest National Insurance Company
|
|
| Docket Date |
2023-08-21
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement the Record
|
| On Behalf Of |
Everest National Insurance Company
|
|
| Docket Date |
2023-07-28
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion to Dismiss Denied (OD32) ~ Upon consideration, the Second Motion to Dismiss the Appeal, filed on July 21, 2023, is hereby denied. Appellant Nation Security, LLC’s Incorporated Motion for Nunc Pro Tunc Extension is treated as a motion to file the initial brief out of time, and the motion is granted. The Initial Brief filed on July 24, 2023, is deemed filed. FERNANDEZ, HENDON and MILLER, JJ., concur.
|
|
| Docket Date |
2023-07-24
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Nation Security, LLC
|
|
| Docket Date |
2023-07-24
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE TO SECOND MOTION TO DISMISS APPEAL ANDINCORPORATED MOTION FOR NUNC PRO TUNC EXTENSION
|
| On Behalf Of |
Nation Security, LLC
|
|
| Docket Date |
2023-07-21
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
Everest National Insurance Company
|
|
| Docket Date |
2023-06-08
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2023-04-25
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion to Dismiss Denied (OD32) ~ Appellant Nation Security, LLC’s Response to the Motion to Dismiss the Appeal is noted. Upon consideration, Appellees’ Motion to Dismiss the Appeal is hereby denied. FERNANDEZ, C.J., and HENDON and MILLER, JJ., concur.
|
|
| Docket Date |
2023-04-19
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE TO MOTION TO DISMISS APPEAL
|
| On Behalf Of |
Nation Security, LLC
|
|
| Docket Date |
2023-04-13
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Nation Security, LLC
|
|
| Docket Date |
2023-04-13
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ NOTICE OF FILING CERTIFICATE OF SERVICE
|
| On Behalf Of |
Nation Security, LLC
|
|
| Docket Date |
2023-04-04
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
Everest National Insurance Company
|
|
| Docket Date |
2023-04-04
|
| Type |
Notice
|
| Subtype |
Notice of Appeal Transmittal Form
|
| Description |
Notice of Transmittal--NOA
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2023-04-04
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
Everest National Insurance Company
|
|
| Docket Date |
2023-04-03
|
| Type |
Order
|
| Subtype |
Certificate of Service
|
| Description |
Ap/ant Ordered to File Cert. of Serv. (OR50) ~ All pleadings filed in this Court must be served on each party and contain a certificate of service stating the names and addresses of those served. See Fla. R. App. P. 9.420. Within ten (10) days from the date of this Order, counsel for the appellants is directed to file with this Court a certificate of service indicating the addresses of all the parties in this appeal.
|
|
| Docket Date |
2023-04-03
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. **The $300 filing fee for an appeal is due.
|
|
| Docket Date |
2023-04-03
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2023-04-03
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ INCOMPLETE CERTIFICATE OF SERVICE
|
| On Behalf Of |
Nation Security, LLC
|
|
|
|
THE LANDINGS AT VICTORIA ISLES ASSOCIATION, INC. VS EVEREST NATIONAL INSURANCE COMPANY
|
4D2021-1737
|
2021-05-28
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE20-11408
|
Parties
| Name |
THE LANDINGS AT VICTORIA ISLES ASSOCIATION, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
George A. Vaka, Nancy A. Lauten
|
|
| Name |
EVEREST NATIONAL INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Javier Delgado, Samuel B. Spinner, W. Anthony Loe, Robert S. Horwitz
|
|
| Name |
Hon. Jeffrey R. Levenson
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-02-25
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2022-02-25
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2022-02-03
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Deny Attorney's Fees ~ ORDERED that appellant’s June 28, 2021 motion for appellate attorney's fees is denied. Further,ORDERED that appellee’s October 11, 2021 request for oral argument is denied.
|
|
| Docket Date |
2022-02-03
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
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|
| Docket Date |
2021-11-15
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
The Landings at Victoria Isles Association, Inc.
|
|
| Docket Date |
2021-11-09
|
| 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 November 9, 2021 motion for extension of time is granted, and appellant shall serve the reply brief on or before November 17, 2021. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
|
| Docket Date |
2021-11-09
|
| 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 |
The Landings at Victoria Isles Association, Inc.
|
|
| Docket Date |
2021-10-11
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Everest National Insurance Company
|
|
| Docket Date |
2021-10-11
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
Everest National Insurance Company
|
|
| Docket Date |
2021-09-10
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORD-Answer Brief to be Served ~ ORDERED that appellee’s August 31, 2021 motion for extension of time is granted, and appellee shall serve the answer brief within thirty (30) days from the date of this order. In addition, appellee is notified that the failure to serve the brief within the time provided herein will foreclose appellee’s right to file a brief or otherwise participate in this appeal, or the court in its discretion may impose other sanctions. Appellee 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.
|
|
| Docket Date |
2021-08-31
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief
|
| On Behalf Of |
Everest National Insurance Company
|
|
| Docket Date |
2021-08-03
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee’s July 28, 2021 motion for extension of time is granted, and appellee shall serve the answer brief within thirty (30) days from the date of this order. In addition, appellee is notified that the failure to serve the brief within the time provided herein may foreclose appellee’s right to file a brief or otherwise participate in this appeal.
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|
| Docket Date |
2021-07-28
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief
|
| On Behalf Of |
Everest National Insurance Company
|
|
| Docket Date |
2021-07-09
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO APPELLANT'S MOTION FOR APPELLATE ATTORNEYS' FEES
|
| On Behalf Of |
Everest National Insurance Company
|
|
| Docket Date |
2021-06-28
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ (Response 7/9/21)
|
| On Behalf Of |
The Landings at Victoria Isles Association, Inc.
|
|
| Docket Date |
2021-06-28
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
The Landings at Victoria Isles Association, Inc.
|
|
| Docket Date |
2021-06-28
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
The Landings at Victoria Isles Association, Inc.
|
|
| Docket Date |
2021-06-15
|
| 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 June 11, 2021 motion for extension of time is granted, and appellant shall serve the initial brief on or before July 5, 2021. 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 |
2021-06-11
|
| 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 Landings at Victoria Isles Association, Inc.
|
|
| Docket Date |
2021-05-28
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
The Landings at Victoria Isles Association, Inc.
|
|
| Docket Date |
2021-05-28
|
| 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, 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 |
2021-05-28
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2021-05-28
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
The Landings at Victoria Isles Association, Inc.
|
|
|
|
EVEREST NATIONAL INSURANCE COMPANY VS THE LANDINGS AT VICTORIA ISLES ASSOCIATION, INC.
|
4D2021-1298
|
2021-04-09
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE20-11408
|
Parties
| Name |
EVEREST NATIONAL INSURANCE COMPANY
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Samuel B. Spinner, Robert S. Horwitz
|
|
| Name |
THE LANDINGS AT VICTORIA ISLES ASSOCIATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Nancy A. Lauten, Javier Delgado, George A. Vaka
|
|
| Name |
Hon. Jeffrey R. Levenson
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-05-11
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the May 7, 2021 notice of voluntary dismissal, this case is dismissed.
|
|
| Docket Date |
2021-05-11
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2021-05-07
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
Everest National Insurance Company
|
|
| Docket Date |
2021-04-19
|
| Type |
Order
|
| Subtype |
Order on Motion to Relinquish Jurisdiction
|
| Description |
Order Granting Relinquishment of Jurisdiction ~ ORDERED that appellant's April 14, 2021 unopposed motion to relinquish jurisdiction is granted. Jurisdiction is relinquished to the trial court for thirty (30) days in order for the circuit court to rule on appellant's pending motion for reconsideration. Appellant shall forward to this court a copy of any order issued during relinquishment. It is further ORDERED that appellant shall monitor this proceeding in the trial court. If further time is needed beyond this relinquishment period, it shall be the duty of appellant to request an extension of time by proper motion to this court. This case shall proceed in this court upon expiration of relinquishment unless otherwise notified in writing by the parties.
|
|
| Docket Date |
2021-04-14
|
| Type |
Motions Other
|
| Subtype |
Motion To Relinquish Jurisdiction
|
| Description |
Motion To Relinquish Jurisdiction
|
| On Behalf Of |
Everest National Insurance Company
|
|
| Docket Date |
2021-04-13
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Everest National Insurance Company
|
|
| Docket Date |
2021-04-13
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
The Landings at Victoria Isles Association, Inc.
|
|
| Docket Date |
2021-04-13
|
| 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. 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 circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2021-04-13
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2021-04-09
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Everest National Insurance Company
|
|
| Docket Date |
2021-04-09
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
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|
