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FIRST COMMUNITY INSURANCE COMPANY, Appellant v. ASHLEY DELLABITTA, Appellee.
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6D2024-1248
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2024-06-18
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Open
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
6th District Court of Appeal
|
| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Lee County
23-CA-009775
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Parties
| Name |
FIRST COMMUNITY INSURANCE COMPANY
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Cristóbal Antonio Casal, Diane H Tutt
|
|
| Name |
ASHLEY DELLABITTA
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Steven V Llarena
|
|
| Name |
Hon. Kyle Scott Cohen
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Lee Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-11-20
|
| Type |
Order
|
| Subtype |
Order on Motion to Relinquish Jurisdiction
|
| Description |
Appellant's motion to relinquish jurisdiction to the trial court is granted. Jurisdiction is relinquished for sixty days from the date of this order for appellant to obtain a ruling on the motion to vacate final judgment. Appellant shall file a status report within sixty days from the date of this order to indicate whether this appeal is ready to proceed.
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| View |
View File
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| Docket Date |
2024-11-05
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| Type |
Response
|
| Subtype |
Supplement
|
| Description |
SUPPLEMENT TO UNOPPOSED MOTION TO RELINQUISH JURISDICTION TO THE TRIAL COURT TO CONSIDER RULE 1.540(B) MOTION
|
| On Behalf Of |
FIRST COMMUNITY INSURANCE COMPANY
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| View |
View File
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|
| Docket Date |
2024-10-04
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| Type |
Order
|
| Subtype |
Order on Extension of Time to Complete Mediation
|
| Description |
The Unopposed Motion to Extend Deadline for Mediation is granted. Mediation must be completed by or on January 28, 2025. The mediation report must be filed within 10 days from the conclusion of mediation.
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| View |
View File
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|
| Docket Date |
2024-10-04
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
UNOPPOSED MOTION TO EXTEND DEADLINE FOR MEDIATION
|
| On Behalf Of |
FIRST COMMUNITY INSURANCE COMPANY
|
|
| Docket Date |
2024-09-24
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
UNOPPOSED MOTION TO RELINQUISH JURISDICTION TO THE TRIAL
COURT TO CONSIDER RULE 1.540(B) MOTION
|
| On Behalf Of |
FIRST COMMUNITY INSURANCE COMPANY
|
|
| Docket Date |
2024-09-24
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| Type |
Order
|
| Subtype |
Mediation Order to Counsel
|
| Description |
The Unopposed Motion to Extend Deadline for Mediation and Approve Alternative Mediator is granted.
The Court hereby appoints Jeffrey M. Fleming, mediator number 30187 FRA, as mediator in this matter. Mediation must be conducted in conformity with the Sixth District Court of Appeal's administrative orders and rules regarding appellate mediation and the Florida Rules for Certified and Court-Appointed Mediators. Mediation must be completed by or on November 29, 2024. The Mediation Report must be completed and filed within ten days from conclusion.
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| View |
View File
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| Docket Date |
2024-09-18
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| Type |
Mediation
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| Subtype |
Med Motion for extension of time
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| Description |
UNOPPOSED MOTION TO EXTEND DEADLINE FOR MEDIATION AND APPROVE ALTERNATIVE MEDIATOR
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| On Behalf Of |
FIRST COMMUNITY INSURANCE COMPANY
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| View |
View File
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| Docket Date |
2024-08-01
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| Type |
Order
|
| Subtype |
Mediation Order to Counsel
|
| Description |
The Court hereby appoints David Lee Ross, mediator number 36053 FR , as mediator in this matter. Mediation must be conducted in conformity with the Sixth District Court of Appeal's administrative orders and rules regarding appellate mediation and the Florida Rules for Certified and Court-Appointed Mediators. The Mediation Report must be completed and filed within ten days from conclusion of mediation but not later than ten days subsequent to expiration of the 60-day mediation period approved by the Order of Referral to Mediation dated July 26, 2024.
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| View |
View File
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| Docket Date |
2024-07-31
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| Type |
Response
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| Subtype |
Response
|
| Description |
RESPONSE TO ORDER OF REFERRAL TO MEDIATION
|
| On Behalf Of |
FIRST COMMUNITY INSURANCE COMPANY
|
|
| Docket Date |
2024-06-24
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| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
FIRST COMMUNITY INSURANCE COMPANY
|
|
| Docket Date |
2024-06-24
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Pay Case Filing Fee-300
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| View |
View File
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|
| Docket Date |
2024-06-24
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| Type |
Event
|
| Subtype |
Fee Satisfied
|
| Description |
Fee Satisfied
|
|
| Docket Date |
2024-06-20
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| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
This appeal has been filed without a filing fee required by section 35.22(2)(a), Florida Statutes, Florida Statutes.
If the attorney for appellant has not already done so, they shall forward the required $300.00 filing fee or, if applicable, a certificate or order of the lower tribunal finding appellant insolvent pursuant to section 57.081, Florida Statutes, within twenty days from the date of this order.
If this court does not receive either of the above within the prescribed time, this appeal may be subject to dismissal without further notice."
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| View |
View File
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| Docket Date |
2024-06-20
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-06-18
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| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
| On Behalf Of |
FIRST COMMUNITY INSURANCE COMPANY
|
|
| Docket Date |
2024-07-26
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| Type |
Order
|
| Subtype |
Order of Referral to Mediation
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| Description |
The foregoing case, having been reviewed by the Court, is hereby referred to Appellate Mediation. All appellate deadlines, including for preparing the record and filing briefs, will not begin to run until an order is issued that this case will not proceed to mediation or, if mediation is ordered, until the mediation process is complete.
Within 10 days from the date of this Order, Appellant(s) must complete and file with this Court the Response to Order of Referral to Mediation, which is available on this Court's website, https://6dca.flcourts.gov. If the parties agree on a Florida Supreme Court Certified mediator, the Court will enter an order appointing that mediator for this case. If the parties are not able to agree on a mediator, the Court will appoint a mediator from the Supreme Court list of approved mediators. A mediator need not be certified as an appellate mediator to be appointed.
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| View |
View File
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| Docket Date |
2024-07-19
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| Type |
Order
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| Subtype |
Mediation Order to Counsel
|
| Description |
Pursuant to this court's order issued July 2, 2024, all parties were required to file mediation forms with this Court within 10 days of the date of that Order. At this time, Appellee's forms have not yet been received. Within 5 days from the date of this order, upload the required forms via the Statewide Florida Courts E-Filing Portal so that this case may timely proceed. Failure to timely comply may result in the imposition of sanctions.
Parties must visit the Court's website, https://6dca.flcourts.gov, to find the Mediation Questions & Answers, Mediation Questionnaire, and Confidential Statement Regarding Appropriateness of Appellate Mediation that must be completed and filed with the Court.
BE ADVISED THAT OPPOSING COUNSEL SHOULD NOT BE SERVED COPIES OF THE CONFIDENTIAL STATEMENT REGARDING APPROPRIATENESS OF APPELLATE MEDIATION. When filing the Confidential Statement through the Statewide Florida Courts E-Filing Portal, DO NOT CHECK "SERVE ALL." FAILURE TO ENSURE ALL BOXES FOR E-SERVICE ARE UNCHECKED WILL RESULT IN PARTIES BEING SERVED AND WAIVER OF CONFIDENTIALITY.
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| View |
View File
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| Docket Date |
2024-07-02
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| Type |
Order
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| Subtype |
Mediation Letter to LT
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| Description |
This case is now under consideration for appellate mediation, and a decision will be made shortly whether to order mediation. An order will be issued advising you of that decision. If mediation is ordered, the time for preparing the record will not begin to run until the mediation process is complete.
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| View |
View File
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Catalina West Homeowners Association, Inc., Appellant(s) v. First Community Insurance Company, et al., Appellee(s).
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3D2023-1860
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2023-10-18
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Open
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|
| Classification |
NOA Final - Circuit Civil - Other
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| Court |
3rd District Court of Appeal
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| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
22-602
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Parties
| Name |
CATALINA WEST HOMEOWNERS ASSOCIATION, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
H. Dillon Graham, Philip Dixon Parrish, Dorothy Frances Easley
|
|
| Name |
FIRST COMMUNITY INSURANCE COMPANY
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| Role |
Appellee
|
| Status |
Active
|
| Representations |
Justin Neal Shindore, Kathryn Lee Ender, Janice Lopez
|
|
| Name |
SOUTH FLORIDA SECURITY GROUP INC.
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| Role |
Appellee
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| Status |
Active
|
| Representations |
Douglas Jason Jeffrey, Gail M. Walsh
|
|
| Name |
OLD CUTLER LAKES BY THE BAY COMMUNITY ASSOCIATION, INC.
|
| Role |
Appellee
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| Status |
Active
|
| Representations |
David Steven Henry, Marina Gonzalez
|
|
| Name |
Melissa Khan Macko
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Jorge P. Gutierrez, Jr.
|
|
| Name |
Hon. Gina Beovides
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-10-28
|
| Type |
Notice
|
| Subtype |
Notice of Oral Argument
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| Description |
Notice of Oral Argument
|
| On Behalf Of |
Catalina West Homeowners Association, Inc.
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| View |
View File
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|
| Docket Date |
2024-10-23
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| Type |
Notice
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| Subtype |
Notice of Oral Argument
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| Description |
Notice of Oral Argument
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| On Behalf Of |
First Community Insurance Company
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| View |
View File
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|
| Docket Date |
2024-10-22
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| Type |
Notice
|
| Subtype |
Notice of Oral Argument
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| Description |
Notice of Oral Argument
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| On Behalf Of |
Catalina West Homeowners Association, Inc.
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| View |
View File
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|
| Docket Date |
2024-10-21
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| Type |
Notice
|
| Subtype |
Notice of Oral Argument
|
| Description |
Notice of Oral Argument
|
| View |
View File
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|
| Docket Date |
2024-08-30
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| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Nominal Appellant, Melissa Khan as Personal Representative of the Estate of Daniel Macko's Notice of Adoption
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| On Behalf Of |
Catalina West Homeowners Association, Inc.
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| View |
View File
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|
| Docket Date |
2024-08-19
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| Type |
Brief
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| Subtype |
Reply Brief
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| Description |
Appellant's Reply Brief
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| On Behalf Of |
Catalina West Homeowners Association, Inc.
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| View |
View File
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|
| Docket Date |
2024-08-05
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| Type |
Notice
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| Subtype |
Notice of Appearance
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| Description |
Notice of Appearance
|
| On Behalf Of |
First Community Insurance Company
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| View |
View File
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|
| Docket Date |
2024-08-05
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| Type |
Motions Relating to Oral Argument
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| Subtype |
Motion/Request for Oral Argument
|
| Description |
Appellee's Request for Oral Argument
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| On Behalf Of |
First Community Insurance Company
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| View |
View File
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|
| Docket Date |
2024-08-02
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| Type |
Brief
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| Subtype |
Answer Brief
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| Description |
Answer Brief
|
| On Behalf Of |
First Community Insurance Company
|
| View |
View File
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|
| Docket Date |
2024-06-19
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| Type |
Order
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| Subtype |
Order on Motion for Extension of Time
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| Description |
Appellee's Motion for Extension of Time to file answer brief is
hereby granted to and including August 1, 2024. Multiple extensions of time
for the same filing are discouraged. Absent extenuating circumstances,
subsequent requests may be denied.
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| View |
View File
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|
| Docket Date |
2024-06-18
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| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Old Cutler Lakes by the Bay Community Association, Inc.
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| View |
View File
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|
| Docket Date |
2024-06-17
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Motion for Extension of Time to Serve Answer Brief
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| On Behalf Of |
First Community Insurance Company
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| View |
View File
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|
| Docket Date |
2024-05-21
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| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time to File AB-30 days to 06/17/2024
|
| On Behalf Of |
First Community Insurance Company
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| View |
View File
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|
| Docket Date |
2024-05-20
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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- 30 days to 06/17/2024(GRANTED)
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| On Behalf Of |
First Community Insurance Company
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| View |
View File
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|
| Docket Date |
2024-05-07
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| Type |
Response
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| Subtype |
Response
|
| Description |
Appellee's Response in Opposition to Appellant's Motion for Appellate Attorney's Fees and Costs
|
| On Behalf Of |
First Community Insurance Company
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| View |
View File
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|
| Docket Date |
2024-05-03
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response to Appellant's Motion for Attorney's and Costs
|
| On Behalf Of |
First Community Insurance Company
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| View |
View File
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|
| Docket Date |
2024-04-17
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| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Appellant, Melissa Khan Macko as Personal Representative of the Estate Notice of Adoption
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| On Behalf Of |
Catalina West Homeowners Association, Inc.
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| View |
View File
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|
| Docket Date |
2024-04-17
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| Type |
Brief
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| Subtype |
Initial Brief
|
| Description |
Initial Brief
|
| On Behalf Of |
Catalina West Homeowners Association, Inc.
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| View |
View File
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|
| Docket Date |
2024-04-17
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| Type |
Motions Relating to Attorney Fees/Costs
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| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Catalina West Homeowners Association, Inc.
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| View |
View File
|
|
| Docket Date |
2024-04-17
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| Type |
Motions Relating to Oral Argument
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| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
Catalina West Homeowners Association, Inc.
|
| View |
View File
|
|
| Docket Date |
2024-03-18
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Motion for Extension of Time to Serve Initial Brief- 30 days to 04/19/2024(GRANTED)
|
| On Behalf Of |
Catalina West Homeowners Association, Inc.
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| View |
View File
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|
| Docket Date |
2024-02-12
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| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time to Serve IB- 30 days to 03/20/2024
|
| On Behalf Of |
Catalina West Homeowners Association, Inc.
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| View |
View File
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|
| Docket Date |
2024-01-19
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| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Record
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2024-01-18
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Appellant's Motion to Supplement the Record on Appeal, filed on
January 12, 2024, is granted, and the clerk of the trial court is directed to
supplement the record on appeal with the document as stated in said Motion.
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| View |
View File
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| Docket Date |
2024-01-16
|
| Type |
Motions Relating to Records
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| Subtype |
Motion to Supplement Record
|
| Description |
Appellant Motion to Supplement Record
|
| On Behalf Of |
Catalina West Homeowners Association, Inc.
|
| View |
View File
|
|
| Docket Date |
2024-01-08
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| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Record
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2024-01-05
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time to Serve Initial Brief- 45 days to 02/19/2024 (GRANTED)
|
| On Behalf Of |
Catalina West Homeowners Association, Inc.
|
| View |
View File
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|
| Docket Date |
2024-01-04
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Appellant's Unopposed Motion to Supplement the Record on
Appeal, filed on January 3, 2024, is granted, and the clerk of the trial court is
directed to supplement the record on appeal with the documents as stated
in said Motion.
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| View |
View File
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|
| Docket Date |
2024-01-04
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Appellant Notice of Filing Final Declaratory Judgment dated January 3, 2024 Pursuant to Third District Court of Appeal order dated December 27, 2023
|
| On Behalf Of |
Catalina West Homeowners Association, Inc.
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| View |
View File
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|
| Docket Date |
2024-01-03
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Appellant Motion to Supplement Record on Appeal
|
| On Behalf Of |
Catalina West Homeowners Association, Inc.
|
| View |
View File
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|
| Docket Date |
2023-12-27
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Upon consideration of Appellant's "Unopposed Motion for Leave
to Seek Entry of Final Order from Trial Court," this cause is relinquished to
the trial court for a period of fifteen (15) days from the date of this Order, to
allow Appellant to obtain a final judgment from the trial court.
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| View |
View File
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|
| Docket Date |
2023-12-26
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Appellant Catalina West's Unopposed Motion for Leave to Seek Entry of Final Order from Trial Court
|
| On Behalf Of |
Catalina West Homeowners Association, Inc.
|
| View |
View File
|
|
| Docket Date |
2023-12-18
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2023-11-28
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Catalina West Homeowners Association, Inc.
|
| View |
View File
|
|
| Docket Date |
2023-10-27
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
First Community Insurance Company
|
| View |
View File
|
|
| Docket Date |
2023-10-19
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
South Florida Security Group, Inc.
|
| View |
View File
|
|
| Docket Date |
2023-10-18
|
| Type |
Event
|
| Subtype |
Fee Satisfied
|
| Description |
Fee Satisfied
|
|
| Docket Date |
2023-10-18
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Filing fee paid through portal batch no. 9253811
|
| On Behalf Of |
Catalina West Homeowners Association, Inc.
|
| View |
View File
|
|
| Docket Date |
2023-10-18
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2023-10-18
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
| On Behalf Of |
Catalina West Homeowners Association, Inc.
|
| View |
View File
|
|
| Docket Date |
2024-12-06
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Upon consideration, Appellee's Unopposed Motion to Continue Oral Argument is hereby granted. This cause is removed from the oral argument calendar of TUESDAY, DECEMBER 17, 2024, at 9:30 A.M. and is reset on TUESDAY, JANUARY 21, 2025, at 9:30 a.m. with fifteen (15) minutes each side for oral argument.
|
| View |
View File
|
|
| Docket Date |
2024-12-06
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion For Continuation of Oral Argument
|
| Description |
Appellee's Unopposed Motion For Continuation of Oral Argument
|
| On Behalf Of |
First Community Insurance Company
|
| View |
View File
|
|
| Docket Date |
2024-05-07
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Appellee's Amended Motion for Extension of Time to Respond to
Appellant's Motion for Attorney's Fees and Costs is hereby granted to and
including May 6, 2024. Multiple extensions of time for the same filing are
discouraged. Absent extenuating circumstances, subsequent requests may
be denied.
|
| View |
View File
|
|
| Docket Date |
2024-02-05
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Catalina West Homeowners Association, Inc.
|
| View |
View File
|
|
| Docket Date |
2023-12-12
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
Inasmuch as the order being appealed merely grants a motion
for summary judgment rather than entering summary judgment, the parties
are ordered to show cause within ten (10) days from the date of this Order,
as to why the appeal should not be dismissed for lack of jurisdiction. Ball v.
Genesis Outsourcing Sols., LLC, 174 So. 3d 498, 499 (Fla. 3d DCA 2015)
("An order that merely grants a motion for summary judgment is not a final
order.").
Order to Show Cause
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| View |
View File
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First Community Insurance Company, Appellant(s) v. Bay Radiology Associates, P.L., A Florida Limited Liability Company, Appellee(s).
|
1D2023-1644
|
2023-07-03
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
1st District Court of Appeal
|
| Originating Court |
Circuit Court for the Fourteenth Judicial Circuit, Bay County
20-1780CA
|
Parties
| Name |
FIRST COMMUNITY INSURANCE COMPANY
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Kathryn Ender, Gregory Anderson, Nicholas Whitney, Galen R Flynn
|
|
| Name |
BAY RADIOLOGY ASSOCIATES, P.L.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Michael James Schofield, Jason W. Peterson, Bailey Howard, Trevor A. Thompson
|
|
| Name |
Hon. James Jefferson Goodman Jr.
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Hon. Bill Kinsaul
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-07-10
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order on Filing Fee
|
| View |
View File
|
|
| Docket Date |
2023-09-22
|
| Type |
Record
|
| Subtype |
Record on Appeal Redacted
|
| Description |
Record on Appeal Redacted - 10,302 pages
|
|
| Docket Date |
2023-09-21
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Dismissed
|
| View |
View File
|
|
| Docket Date |
2023-09-20
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Motion/Notice Voluntary Dismissal
|
| On Behalf Of |
First Community Insurance Company
|
|
| Docket Date |
2023-09-07
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report and Notice of Settlement
|
| On Behalf Of |
First Community Insurance Company
|
|
| Docket Date |
2023-09-07
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time - IB 45 days
|
| On Behalf Of |
First Community Insurance Company
|
|
| Docket Date |
2023-08-29
|
| Type |
Notice
|
| Subtype |
Notice of Inability
|
| Description |
Notice of Inability
|
| On Behalf Of |
Hon. Bill Kinsaul
|
|
| Docket Date |
2023-08-16
|
| Type |
Record
|
| Subtype |
Index
|
| Description |
Index
|
| On Behalf Of |
Hon. Bill Kinsaul
|
|
| Docket Date |
2023-07-17
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Bay Radiology Associates, P.L.
|
|
| Docket Date |
2023-07-10
|
| Type |
Event
|
| Subtype |
Fee Paid in Full
|
| Description |
Fee Paid in Full
|
| View |
View File
|
|
| Docket Date |
2023-07-10
|
| Type |
Misc. Events
|
| Subtype |
Docketing Statement
|
| Description |
Docketing Statement
|
| On Behalf Of |
First Community Insurance Company
|
|
| Docket Date |
2023-07-03
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal-order appealed attached
|
| On Behalf Of |
First Community Insurance Company
|
|
| Docket Date |
2023-07-03
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
|
|
ZIAD MARJIEH, M.D. and ZIAD MARJIEH, M.D., P.A., Appellant(s) v. SAFEPOINT INSURANCE COMPANY and FIRST COMMUNITY INSURANCE COMPANY, Appellee(s).
|
4D2023-0880
|
2023-04-10
|
Open
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County
2022CA000196
|
Parties
| Name |
Ziad Marjieh, M.D.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Jonathan Smulevich, Leah Rose
|
|
| Name |
Ziad Marjieh, M.D., P.A.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
FIRST COMMUNITY INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Christopher Ryan Jones, Scot E. Samis, Brandon Robert Christian
|
|
| Name |
SAFEPOINT INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Brandon Robert Christian, Joshua Seth Beck, Patrick Michael Chidnese, Michael Kiernan
|
|
| Name |
Hon. Brett M. Waronicki
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - St. Lucie
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-11-07
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed
|
| View |
View File
|
|
| Docket Date |
2024-08-09
|
| Type |
Order
|
| Subtype |
Order Dispensing with Oral Argument
|
| Description |
After reviewing the briefs, the court, pursuant to Florida Rule of Appellate Procedure 9.320, has dispensed with oral argument. The case will be submitted to a conference by a panel of the court.
|
| View |
View File
|
|
| Docket Date |
2024-05-14
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE TO MOTION FOR APPELLATE ATTORNEYS' FEES
|
|
| Docket Date |
2024-05-08
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Motion/Request for Oral Argument
|
|
| Docket Date |
2024-05-08
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
|
| Docket Date |
2024-04-22
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Motion for Extension of Time to Serve Reply Brief
|
|
| Docket Date |
2024-04-05
|
| Type |
Recognizing Agreed Extension
|
| Subtype |
Reply Brief
|
| Description |
15 DAYS TO 4/22/24
|
|
| Docket Date |
2024-04-05
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension of Time - Reply Brief
|
|
| Docket Date |
2024-03-07
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Answer Brief
|
| View |
View File
|
|
| Docket Date |
2024-03-07
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
|
| Docket Date |
2024-02-20
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order on Motion for Extension of Time to Serve Answer Brief
|
| View |
View File
|
|
| Docket Date |
2024-02-16
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Motion for Extension of Time to Serve Answer Brief
|
|
| Docket Date |
2024-02-16
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Answer Brief
|
| On Behalf Of |
First Community Insurance Company
|
| View |
View File
|
|
| Docket Date |
2024-01-27
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
15 days to February 16, 2024
|
|
| Docket Date |
2024-01-27
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension of Time - Answer Brief
|
| On Behalf Of |
First Community Insurance Company
|
|
| Docket Date |
2023-12-22
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Order on Agreed Extension of Time -- 30 DAYS TO 2/1/24
|
|
| Docket Date |
2023-12-22
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension of Time - Answer Brief
|
| On Behalf Of |
First Community Insurance Company
|
|
| Docket Date |
2023-11-16
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Order on Agreed Extension of Time -- 30 DAYS TO 1/4/24
|
|
| Docket Date |
2023-11-16
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension of Time - Answer Brief
|
| On Behalf Of |
Safepoint Insurance Company
|
|
| Docket Date |
2023-11-13
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Order on Agreed Extension of Time -- 45 DAYS T 1/2/24
|
|
| Docket Date |
2023-09-19
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order on Motion for Extension of Time to Serve Initial Brief
|
| View |
View File
|
|
| Docket Date |
2023-09-12
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Motion for Extension of Time to Serve Initial Brief
|
| On Behalf Of |
Ziad Marjieh, M.D.
|
|
| Docket Date |
2023-08-15
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 9/14/23
|
|
| Docket Date |
2023-08-15
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Ziad Marjieh, M.D.
|
|
| Docket Date |
2023-06-28
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 60 DAYS TO 8/15/23
|
|
| Docket Date |
2023-06-28
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Ziad Marjieh, M.D.
|
|
| Docket Date |
2023-06-16
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellants' June 15, 2023 notice of agreed extension is stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that it is a computer-generated document which does not comply with the font requirements set forth in Rule 9.045(b). See Fla. R. App. P. 9.045(b) (“Computer-generated documents shall be filed in either Arial 14-point font or Bookman Old Style 14-point font.”). An amended document in compliance with Rule 9.045 shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2023-06-15
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ ***STRICKEN***
|
| On Behalf Of |
Ziad Marjieh, M.D.
|
|
| Docket Date |
2023-06-08
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Safepoint Insurance Company
|
|
| Docket Date |
2023-05-22
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 2,318 PAGES
|
| On Behalf Of |
Clerk - St. Lucie
|
|
| 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 |
Ziad Marjieh, M.D.
|
|
| Docket Date |
2023-04-11
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Safepoint Insurance Company
|
|
| Docket Date |
2023-04-11
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2023-04-10
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
|
| Docket Date |
2023-04-10
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2024-12-30
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-12-30
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORDERED that Appellants' November 22, 2024 motion for rehearing and/or written opinion is denied.
|
| View |
View File
|
|
| Docket Date |
2024-12-17
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Appellants Motion for Written Opinion and/or Rehearing
|
| On Behalf Of |
First Community Insurance Company
|
|
| Docket Date |
2024-12-16
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Appellants Motion for Written Opinion and/or Rehearing
|
| On Behalf Of |
Safepoint Insurance Company
|
|
| Docket Date |
2024-12-10
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
ORDERED that Appellees' First Community Insurance Company and Safepoint Insurance Company, motions for extension of time are granted, and the time for filing a response is extended seven (7) days to December 16, 2024.
|
| View |
View File
|
|
| Docket Date |
2024-12-09
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response to Appellants' Motion for Written Opinion and/or Rehearing.
|
|
| Docket Date |
2024-12-06
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
|
| Docket Date |
2024-11-23
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Written Opinion
|
| Description |
Motion for Written Opinion and/or Rehearing
|
|
| Docket Date |
2024-11-07
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
ORDERED that Appellee Safepoint Insurance Company's March 6, 2024 motion for award of appellate attorney's fees is granted. On remand, the trial court shall set the amount of the attorney's fees to be awarded for this appellate case. If a motion for rehearing is filed in this court, then services rendered in connection with the filing of the motion, including, but not limited to, preparation of a responsive pleading, shall be taken into account in computing the amount of the fee. Further,
ORDERED that Appellee Safepoint Insurance Company's June 8, 2023 motion for award of appellate attorney's fees is granted. On remand, the trial court shall set the amount of the attorney's fees to be awarded for this appellate case. If a motion for rehearing is filed in this court, then services rendered in connection with the filing of the motion, including, but not limited to, preparation of a responsive pleading, shall be taken into account in computing the amount of the fee. Further,
ORDERED that the request for costs contained within the motion referenced again is denied without prejudice to seek costs in the trial court. Further,
ORDERED that Appellant's May 7, 2024 motion for entitlement to attorney's fees and costs is denied.
|
| View |
View File
|
|
| Docket Date |
2024-05-08
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Reply Brief
|
| View |
View File
|
|
| Docket Date |
2024-04-23
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order on Motion for Extension of Time to Serve Reply Brief
|
| View |
View File
|
|
| Docket Date |
2024-01-02
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
45 days to February 19, 2024.
|
|
| Docket Date |
2024-01-02
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension of Time - Answer Brief
|
|
| Docket Date |
2023-11-13
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
First Community Insurance Company
|
|
| Docket Date |
2023-10-20
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief
|
| On Behalf Of |
Ziad Marjieh, M.D.
|
| View |
View File
|
|
| Docket Date |
2023-04-11
|
| 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.
|
|
|
|
Kwaku Adjei, et al., Appellant(s) v. First Community Insurance Company, Appellee(s)
|
SC2023-0194
|
2023-02-03
|
Closed
|
|
| Classification |
Mandatory Review - Notice of Appeal - Statutory/Constitutional Invalidity
|
| Court |
Supreme Court of Florida
|
| Originating Court |
3rd District Court of Appeal
3D21-1348
|
Parties
| Name |
Beatrice Adjei
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Kwaku Adjei
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Joel Adjei
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
FIRST COMMUNITY INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Peter Diamond, Mark D. Tinker, Mary Lou Cuellar-Stilo, Scott A. Cole
|
|
| Name |
Hon. Alan Samuel Fine
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Hon. Mercedes M. Prieto
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Hon. Luis Gonzalo Montaldo
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Jeremiah Adjei
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Jose Pete Font, Christopher Herrera
|
|
Docket Entries
| Docket Date |
2023-03-24
|
| Type |
Disposition
|
| Subtype |
Appeal Dism No Juris
|
| Description |
Upon review of the responses to the Court's order to show cause dated February 7, 2023, Petitioner's "Notice of Appeal to Invoke Mandatory Jurisdiction of the Florida Supreme Court" is dismissed for lack of jurisdiction. See Art. V, § 3(b)(1), Fla. Const.
|
| View |
View File
|
|
| Docket Date |
2023-02-07
|
| Type |
Order
|
| Subtype |
Show Cause (Appeal Dism Lack Juris)
|
| Description |
ORDER-SHOW CAUSE (APPEAL DISM LACK JURIS) ~ Appellant's "Notice of Appeal" asserts that the underlying decision of the district court of appeal declares invalid a state statute or provision of the state constitution. However, the Court finds no such declaration explicit in the decision. Appellant is therefore ordered to show cause by February 22, 2023, why their appeal should not be summarily dismissed for lack of jurisdiction, as there appears to be no basis for this case to proceed as an appeal. See art. V, § 3(b)(1)-(2), Fla. Const.; Fla. R. App. P. 9.030(a)(1). Alternatively, appellant may request that their notice of appeal be treated as seeking some different form(s) of this Court's limited jurisdiction. Should appellant pursue this alternative, they must be specific as to which particular form(s) of this Court's limited jurisdiction they are seeking. See art. V, § 3(b)(3)-(10), Fla. Const.; Fla. R. App. P. 9.030(a)(2)-(3). Appellant's response to this order shall be served on or before February 22, 2023. Appellee may serve a reply on or before March 6, 2023.The time for serving the briefs and record pursuant to Florida Rule of Appellate Procedure 9.110(j) are hereby tolled.
|
| View |
View File
|
|
| Docket Date |
2023-03-06
|
| Type |
Notice
|
| Subtype |
Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
First Community Insurance Company
|
| View |
View File
|
|
| Docket Date |
2023-03-06
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Appellee's Reply to Appellants' Response to the Court's February 7, 2023 Order to Show Cause Why Their Appeal Should Not Be Summarily Dismissed for Lack of Jurisdiction
|
| On Behalf Of |
First Community Insurance Company
|
| View |
View File
|
|
| Docket Date |
2023-02-22
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ Appellants' Response to the Court's February 7, 2023 Order to Show Cause Why Their Appeal Should Not Be Summarily Dismissed for Lack of Jurisdiction
|
| On Behalf Of |
Jeremiah Adjei
|
| View |
View File
|
|
| Docket Date |
2023-02-21
|
| Type |
Event
|
| Subtype |
Fee Paid Through Portal
|
| Description |
Fee Paid Through Portal
|
|
| Docket Date |
2023-02-21
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
PAY CASE FILING FEE-300
|
| On Behalf Of |
Jeremiah Adjei
|
| View |
View File
|
|
| Docket Date |
2023-02-07
|
| Type |
Letter-Case
|
| Subtype |
Acknowledgment Letter-New Case
|
| Description |
ACKNOWLEDGMENT LETTER-NEW CASE
|
| View |
View File
|
|
| Docket Date |
2023-02-03
|
| Type |
Notice
|
| Subtype |
Appeal
|
| Description |
NOTICE-APPEAL (STAT/CONST INVALID)
|
| On Behalf Of |
Jeremiah Adjei
|
| View |
View File
|
|
| Docket Date |
2023-02-03
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
|
FIRST COMMUNITY INSURANCE COMPANY, VS KWAKU ADJEI, et al.,
|
3D2022-1524
|
2022-09-06
|
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
21-27744
|
Parties
| Name |
FIRST COMMUNITY INSURANCE COMPANY
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Peter A. Diamond, Reena Patel Sanders, Mark D. Tinker
|
|
| Name |
KWAKU ADJEI
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Christopher Herrera, Jose P. Font
|
|
| Name |
Hon. Carlos Lopez
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-04-26
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion to Strike Granted (OG30) ~ Upon consideration, Appellant’s Motion to Strike is granted, and the Appendix to Appellee’s Answer Brief is hereby stricken. FERNANDEZ, C.J., and HENDON and GORDO, JJ., concur.
|
|
| Docket Date |
2023-04-14
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE TO APPELLEES' MOTION FOR ATTORNEYS' FEES
|
| On Behalf Of |
First Community Insurance Company
|
|
| Docket Date |
2023-04-06
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ APPELLEES MOTION FOR APPELLEES ATTORNEY'S FEES AND COSTS PURSUANT TO FLA. R. APP. P. 9.400 AND FLA. STAT. 627.428
|
| On Behalf Of |
KWAKU ADJEI
|
|
| Docket Date |
2023-04-05
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike
|
| On Behalf Of |
First Community Insurance Company
|
|
| Docket Date |
2023-03-31
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
KWAKU ADJEI
|
|
| Docket Date |
2023-03-31
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ See order issued on 4-26-23/ Appendix is stricken.
|
| On Behalf Of |
KWAKU ADJEI
|
|
| Docket Date |
2023-03-20
|
| Type |
Order
|
| Subtype |
Order to Serve Brief
|
| Description |
AE to file answer brief w/in 10 days (OR21B) ~ The appellee is directed to file an answer brief in this cause within ten (10) days from the date of this Order or be precluded from filing a brief and/or presenting an oral argument to the Court in this cause. See Fla. R. App. P. 9.410.
|
|
| Docket Date |
2023-02-06
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Extension granted to file answer brief (OG04) ~ Appellee’s Notice of Agreed Extension to File Answer Brief is treated as an unopposed motion for extension of time to file the answer brief, and the motion is granted to and including March 6, 2023.
|
|
| Docket Date |
2023-02-02
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
KWAKU ADJEI
|
|
| Docket Date |
2023-01-03
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
KWAKU ADJEI
|
|
| Docket Date |
2022-12-02
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
KWAKU ADJEI
|
|
| Docket Date |
2022-12-02
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ AB-45 days to 01/02/2023
|
|
| Docket Date |
2022-10-20
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ APPENDIX TO THE INITIAL BRIEF
|
| On Behalf Of |
First Community Insurance Company
|
|
| Docket Date |
2022-10-20
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
First Community Insurance Company
|
|
| Docket Date |
2022-10-17
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar or Related Case
|
| On Behalf Of |
First Community Insurance Company
|
|
| Docket Date |
2022-09-20
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Clerk's notice granting eot (CLKEX) ~ IB-30 days to 10/21/2022
|
|
| Docket Date |
2022-09-19
|
| 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 |
First Community Insurance Company
|
|
| Docket Date |
2022-09-13
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
First Community Insurance Company
|
|
| Docket Date |
2022-09-06
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-09-06
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case letter with attachments. The 3DCA $300 filing fee for a notice of appeal is due.
|
|
| Docket Date |
2023-07-18
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2023-07-18
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-06-28
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed - Authored Opinion
|
|
| Docket Date |
2023-06-28
|
| Type |
Motion (SC)
|
| Subtype |
Attorney's Fees
|
| Description |
Attorneys fees denied (OD47) ~ Upon consideration of Appellees’ Motion for Attorney’s Fees and Costs, it is ordered that said Motion is hereby denied.
|
|
| Docket Date |
2023-05-22
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
First Community Insurance Company
|
|
| Docket Date |
2022-09-06
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee-civil w/atty (OR14B) ~ This is to notify counsel for Appellant that the filing and prosecution of a notice of appeal in this Court is not acceptable without compliance with the Florida Rules of Appellate Procedure. Therefore, this appeal will be dismissed unless the required three hundred dollar ($300.00) fee is paid to the Clerk of the Court on or before September 16, 2022.
|
|
| Docket Date |
2022-09-06
|
| Type |
Notice
|
| Subtype |
Notice of Appeal Transmittal Form
|
| Description |
Notice of Transmittal--NOA
|
| On Behalf Of |
KWAKU ADJEI
|
|
|
|
JACQUELINE GEDEON and MORELUS GEDEON VS FIRST COMMUNITY INSURANCE COMPANY
|
4D2022-1270
|
2022-05-09
|
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
502016CA000624
|
Parties
| Name |
Morelus Gedeon
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Jacqueline Gedeon
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Erin M. Berger, Melissa Ann Giasi
|
|
| Name |
FIRST COMMUNITY INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Emiliano Perez, Scot E. Samis, Sarah Wilkins, Christopher Ryan Jones, Javier Carriedo
|
|
| Name |
Hon. Paige Hardy Gillman
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-10-28
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the October 27, 2022 notice of voluntary dismissal, this case is dismissed.
|
|
| Docket Date |
2022-10-28
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2022-10-27
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
Jacqueline Gedeon
|
|
| Docket Date |
2022-10-20
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants’ October 17, 2022 motion for extension of time is granted in part, and appellants shall serve the initial brief within ten (10) 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 |
2022-10-17
|
| 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 |
Jacqueline Gedeon
|
|
| Docket Date |
2022-09-16
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 10/16/22.
|
|
| Docket Date |
2022-09-16
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Jacqueline Gedeon
|
|
| Docket Date |
2022-07-18
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 60 DAYS TO 9/16/22.
|
|
| Docket Date |
2022-07-18
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Jacqueline Gedeon
|
|
| Docket Date |
2022-07-07
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ (409 PAGES)
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2022-07-06
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
First Community Insurance Company
|
|
| Docket Date |
2022-05-20
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Jacqueline Gedeon
|
|
| Docket Date |
2022-05-10
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-05-10
|
| 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 |
2022-05-09
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-05-09
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Jacqueline Gedeon
|
|
|
|
ALEX FINCH, P. A. D/ B/ A FINCH LAW FIRM AND FROMANG & FINCH, P. A. VS MASSEY CONSTRUCTION GROUP, INC.
|
6D2023-0369
|
2022-03-31
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
6th District Court of Appeal
|
| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Lee County
20-CA-2996
|
Parties
| Name |
D/ B/ A FINCH LAW FIRM
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
FROMANG & FINCH, P.A.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
ALEX FINCH, P.A.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
MARK A. FROMANG, ESQ., ALEX FINCH Esq.
|
|
| Name |
A/ A/ O REFLECTION LAKES MASTER ASSOCIATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
MASSEY CONSTRUCTION GROUP , INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
MICHAEL G. FINK, ESQ., MARGARET H. WHITE-SMALL, ESQ., Andrew N. Walker, Esq.
|
|
| Name |
FIRST COMMUNITY INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HON. MICHAEL T. MC HUGH
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
KEVIN KARNES, CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-06-10
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
MASSEY CONSTRUCTION GROUP, INC.
|
|
| Docket Date |
2023-12-29
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2023-12-29
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-12-06
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORDER GRANTING VOLUNTARY DISMISSAL ~ Appellants filed a Notice of Voluntary Dismissal on December 2, 2023. Accordingly, this appeal is hereby dismissed. Fla. R. App. P. 9.350(c).
|
|
| Docket Date |
2023-12-06
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge ~ Wozniak, Mize, and Brownlee
|
|
| Docket Date |
2023-12-04
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
ALEX FINCH, P. A.
|
|
| Docket Date |
2023-11-22
|
| Type |
Order
|
| Subtype |
Order to Serve Brief
|
| Description |
Order for Immediate Filing of Brief ~ Pursuant to this Court’s Order dated October 9, 2023, the Initial Brief was due on November 8, 2023. Appellants have not filed an Initial Brief. Appellants shall file the Initial Brief within ten days of the date hereof. Failure to comply with this Order will result in dismissal of this appeal without further notice.
|
|
| Docket Date |
2023-10-09
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Upon consideration of the September 12, 2023, disposition of case number 6D23-0298, the stay is lifted, and the appeal shall proceed. Appellant shall serve the Initial Brief within 30 days of the date hereof.
|
|
| Docket Date |
2023-03-14
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ APPELLANTS' RESPONSE TO COURT ORDER DATED FEBRUARY 22, 2023, REQUIRING THE FILING OF A STATUS REPORT
|
| On Behalf Of |
ALEX FINCH, P. A.
|
|
| Docket Date |
2023-02-22
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Status report due within * days ~ The status report required by the orders of August 26, 2022, and November 30, 2022, is overdue. Within twenty days of this order, Appellants shall file a status report in each of the cases stayed pending disposition of 6D23-298. Failure to comply with this order may result in dismissal of the appeals without further notice.
|
|
| Docket Date |
2023-01-03
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2022-12-30
|
| Type |
Disposition by Order
|
| Subtype |
Transferred
|
| Description |
Transfer to Sixth DCA
|
|
| Docket Date |
2022-11-30
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Status report due within * days ~ The status report required by this court's August 26, 2022, order is overdue.Appellants shall file the status report within ten days of the date of this order.
|
|
| Docket Date |
2022-08-26
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Status report due within * days ~ Upon receipt of an opinion disposing of case 2D22-0820 or within ninety days ofthe date of this order, whichever occurs first, Appellants shall file a status report.
|
|
| Docket Date |
2022-08-17
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANTS' RESPONSE TO COURT'S ORDER DATED AUGUST 12, 2022, REQUIRING COMPLIANCE WITH THE COURT'S ORDER DATED MAY 4, 2022
|
| On Behalf Of |
ALEX FINCH, P. A.
|
|
| Docket Date |
2022-08-12
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Status report due within * days ~ The status report required by this court's May 4, 2022, order is overdue. Appellants shall file the status report required by May 4, 2022, order within ten days of the date of this order.
|
|
| Docket Date |
2022-06-13
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ NOTICE OF APPEARANCE AS APPELLATE CO-COUNSELFOR THE APPELLEE
|
| On Behalf Of |
MASSEY CONSTRUCTION GROUP, INC.
|
|
| Docket Date |
2022-05-04
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Deny Motion to Supplement Record-30f ~ Appellants' request to supplement the record in the stayed cases is denied without prejudice to file a renewed motion to supplement the record upon expiration of the stay imposed by this order.
|
|
| Docket Date |
2022-05-02
|
| Type |
Motions Other
|
| Subtype |
Motion For Cases to Travel Together
|
| Description |
Motion For Cases to Travel Together ~ APPELLANTS' PARTIALLY AGREED UPON AND PARTIALLYCONTESTED MOTION TO CONSOLIDATE APPEALS FORBRIEFING, FOR ORAL ARGUMENT, AND FOR PANEL CONSIDERATION
|
| On Behalf Of |
ALEX FINCH, P. A.
|
|
| Docket Date |
2022-04-18
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1 ~ AMENDED
|
|
| Docket Date |
2022-04-15
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANTS' COMPLIANCE WITH COURT ORDER DATED APRIL 5, 2022AND AMENDED CERTIFICATE OF SERVICE OF NOTICE OF APPEAL
|
| On Behalf Of |
ALEX FINCH, P. A.
|
|
| Docket Date |
2022-04-05
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ CERTIFIED COPY OF NOA
|
| On Behalf Of |
KEVIN KARNES, CLERK
|
|
| Docket Date |
2022-04-01
|
| Type |
Order
|
| Subtype |
Certify Notice of Appeal
|
| Description |
Notice to be Certified
|
|
| Docket Date |
2022-04-01
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2022-03-31
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-03-31
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ W/ ORDER APPEALED;NOT CERTIFIED
|
| On Behalf Of |
ALEX FINCH, P. A.
|
|
|
|
ALEX FINCH, P. A. D/ B/ A FINCH LAW FIRM AND FROMANG & FINCH, P. A. VS MASSEY CONSTRUCTION GROUP, INC.
|
2D2022-1067
|
2022-03-31
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Lee County
20-CA-2996
|
Parties
| Name |
HON. MICHAEL T. MC HUGH
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
ALEX FINCH, P.A.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
MARK A. FROMANG, ESQ., ALEX FINCH, ESQ.
|
|
| Name |
D/ B/ A FINCH LAW FIRM
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
FROMANG & FINCH, P.A.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
A/ A/ O REFLECTION LAKES MASTER ASSOCIATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
FIRST COMMUNITY INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
MASSEY CONSTRUCTION GROUP , INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Andrew N. Walker, Esq., MICHAEL G. FINK, ESQ., MARGARET H. WHITE - SMALL, ESQ.
|
|
| Name |
LEE CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-12-30
|
| Type |
Disposition
|
| Subtype |
Transferred
|
| Description |
Transferred - Order by Judge ~ Transferred to the 6DCA.
|
|
| Docket Date |
2022-12-30
|
| Type |
Disposition by Order
|
| Subtype |
Transferred
|
| Description |
Transfer to Sixth DCA
|
|
| Docket Date |
2022-06-10
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
MASSEY CONSTRUCTION GROUP, INC.
|
|
| Docket Date |
2022-05-04
|
| Type |
Order
|
| Subtype |
Order on Motion for Cases to Travel Together
|
| Description |
Order Denying Traveling Together ~ Appellants' motion to consolidate appeals for briefing, for oral argument, and panel consideration is denied. These cases are not consolidated for any purpose at this time. The parties shall file separate briefs for each appeal and, as may be necessary, separate motions. Separate records shall be transmitted for each appeal.On its own motion, this court stays the following appeals pending disposition of appeal 2D22-0820: 2D22-1042, 2D22-1044, 2D22-1045, 2D22-1046, 2D22-1047, 2D22-1048, 2D22-1049, 2D22-1050, 2D22-1051, 2D22-1052, 2D22-1053, 2D22-1054, 2D22-1055, 2D22-1056, 2D22-1057, 2D22-1058, 2D22-1059, 2D22-1060, 2D22-1061, 2D22-1062, 2D22-1063, 2D22-1064, 2D22-1065, 2D22-1066, and 2D22-1067. Upon receipt of an opinion disposing of case 2D22-0820 or within ninety days of the date of this order, whichever occurs first, Appellants shall file a status report in the cases stayed by this order.Appellants' request to supplement the record in the stayed cases is denied without prejudice to file a renewed motion to supplement the record upon expiration of the stay imposed by this order.
|
|
| Docket Date |
2022-05-02
|
| Type |
Motions Other
|
| Subtype |
Motion For Cases to Travel Together
|
| Description |
Motion For Cases to Travel Together ~ APPELLANTS' PARTIALLY AGREED UPON AND PARTIALLYCONTESTED MOTION TO CONSOLIDATE APPEALS FORBRIEFING, FOR ORAL ARGUMENT, AND FOR PANEL CONSIDERATION
|
| On Behalf Of |
ALEX FINCH, P. A.
|
|
| Docket Date |
2022-04-18
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1 ~ AMENDED
|
|
| Docket Date |
2022-04-15
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANTS' COMPLIANCE WITH COURT ORDER DATED APRIL 5, 2022AND AMENDED CERTIFICATE OF SERVICE OF NOTICE OF APPEAL
|
| On Behalf Of |
ALEX FINCH, P. A.
|
|
| Docket Date |
2022-04-05
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ CERTIFIED COPY OF NOA
|
| On Behalf Of |
LEE CLERK
|
|
| Docket Date |
2022-04-01
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2022-04-01
|
| Type |
Order
|
| Subtype |
Certify Notice of Appeal
|
| Description |
Notice to be Certified
|
|
| Docket Date |
2022-03-31
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-03-31
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ W/ ORDER APPEALED;NOT CERTIFIED
|
| On Behalf Of |
ALEX FINCH, P. A.
|
|
| Docket Date |
2022-08-17
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANTS' RESPONSE TO COURT'S ORDER DATED AUGUST 12, 2022, REQUIRING COMPLIANCE WITH THE COURT'S ORDER DATED MAY 4, 2022
|
| On Behalf Of |
ALEX FINCH, P. A.
|
|
| Docket Date |
2022-08-26
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
status report within * days ~ Upon receipt of an opinion disposing of case 2D22-0820 or within ninety days ofthe date of this order, whichever occurs first, Appellants shall file a status report.
|
|
| Docket Date |
2022-11-30
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
status report within * days ~ The status report required by this court's August 26, 2022, order is overdue.Appellants shall file the status report within ten days of the date of this order.
|
|
| Docket Date |
2022-08-12
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
status report within * days ~ The status report required by this court's May 4, 2022, order is overdue. Appellants shall file the status report required by May 4, 2022, order within ten days of the date of this order.
|
|
| Docket Date |
2022-06-13
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ NOTICE OF APPEARANCE AS APPELLATE CO-COUNSELFOR THE APPELLEE
|
| On Behalf Of |
MASSEY CONSTRUCTION GROUP, INC.
|
|
|
|
DANTON MORTIMER and SILVANIE MORTIMER VS FIRST COMMUNITY INSURANCE COMPANY
|
4D2019-2760
|
2019-08-30
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE16-011895
|
Parties
| Name |
SILVANIE MORTIMER
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
DANTON MORTIMER
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Erin M. Berger, Melissa Ann Giasi
|
|
| Name |
FIRST COMMUNITY INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Peter A. Diamond, Michael P. Rudd, Mark D. Tinker, Christopher Narchet
|
|
| Name |
Hon. David A. Haimes
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2019-11-07
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ (602 PAGES)
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2019-11-07
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
DANTON MORTIMER
|
|
| Docket Date |
2019-11-06
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
DANTON MORTIMER
|
|
| Docket Date |
2019-11-06
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 60 DAYS TO 1/6/20.
|
|
| Docket Date |
2019-10-30
|
| Type |
Order
|
| Subtype |
Show Cause re Compliance with Prior Order
|
| Description |
Order to Show Cause-Appeal Dismissal ~ **DISCHARGED** ORDERED that appellants are directed to show cause in writing, if any there be, within ten (10) days from the date of this order, why the above-styled case should not be dismissed or other sanctions imposed for failure to comply with this court's October 11, 2019 order.
|
|
| Docket Date |
2019-10-25
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
First Community Insurance Company
|
|
| Docket Date |
2020-11-20
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2020-11-20
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2020-10-29
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Deny Attorney's Fees ~ ORDERED that appellants’ July 20, 2020 motion for appellate attorney's fees is denied.
|
|
| Docket Date |
2020-10-29
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2020-07-23
|
| Type |
Order
|
| Subtype |
Order Dispensing with Oral Argument
|
| Description |
ORD-Dispensing Oral Argument ~ After reviewing the briefs, the court, pursuant to Florida Rule of Appellate Procedure 9.320, has dispensed with oral argument. The case will be submitted to a conference by a panel of the court.
|
|
| Docket Date |
2020-07-20
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
DANTON MORTIMER
|
|
| Docket Date |
2020-07-20
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
DANTON MORTIMER
|
|
| Docket Date |
2020-07-20
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
DANTON MORTIMER
|
|
| Docket Date |
2020-06-19
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
First Community Insurance Company
|
|
| Docket Date |
2020-06-19
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
First Community Insurance Company
|
|
| Docket Date |
2020-06-19
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
First Community Insurance Company
|
|
| Docket Date |
2020-06-09
|
| Type |
Order
|
| Subtype |
Order Vacating/Withdrawing Order
|
| Description |
ORD-Amended Order ~ ORDERED that this court's June 9, 2020 order is amended as follows: ORDERED that appellee's June 8, 2020 motion for extension of time is granted in part, and appellee shall serve the answer brief within ten (10) 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.
|
|
| Docket Date |
2020-06-08
|
| 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 |
First Community Insurance Company
|
|
| Docket Date |
2020-05-07
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
First Community Insurance Company
|
|
| Docket Date |
2020-05-07
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 6/8/20.
|
|
| Docket Date |
2020-04-08
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 5/8/20.
|
|
| Docket Date |
2020-04-08
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
First Community Insurance Company
|
|
| Docket Date |
2020-03-09
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
First Community Insurance Company
|
|
| Docket Date |
2020-03-09
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 4/8/20.
|
|
| Docket Date |
2020-02-12
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Order Granting Motion to Supplement the Record ~ ORDERED that appellants’ February 10, 2020 motion to supplement the record is granted. The June 25, 2019 hearing transcript contained in the appendix to the initial brief, is deemed filed.
|
|
| Docket Date |
2020-02-10
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
DANTON MORTIMER
|
|
| Docket Date |
2020-02-07
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
ORD-deny motion to supplement per 9.300(a) ~ ORDERED that appellants’ February 5, 2020 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.
|
|
| Docket Date |
2020-02-06
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
DANTON MORTIMER
|
|
| Docket Date |
2020-02-06
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
DANTON MORTIMER
|
|
| Docket Date |
2020-02-05
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
DANTON MORTIMER
|
|
| Docket Date |
2020-01-06
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 2/5/20.
|
|
| Docket Date |
2020-01-06
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
DANTON MORTIMER
|
|
| Docket Date |
2019-11-08
|
| Type |
Order
|
| Subtype |
Order Discharging Show Cause Order
|
| Description |
ORD-Discharging Show Cause ~ ORDERED that upon consideration of appellant's response filed November 7, 2019, this court's October 30, 2019 order to show cause is discharged.
|
|
| Docket Date |
2019-10-11
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order for Status Report Re: ROA ~ Upon consideration of the affidavit of non-payment of appeal invoice filed by the clerk of the lower tribunal on October 1, 2019, appellant is ordered to file a report within ten (10) days from the date of this order, as to the status of the payment for the record on appeal.
|
|
| Docket Date |
2019-10-01
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit ~ OF NON-PAYMENT OF APPEAL INVOICE
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2019-09-25
|
| Type |
Order
|
| Subtype |
Order on Motion for Reinstatement
|
| Description |
ORD-Reinstatement ~ ORDERED that the appellant's September 24, 2019 motion for reinstatement is granted, and the above-styled appeal is reinstated.
|
|
| Docket Date |
2019-09-24
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismiss-No Filing Fee ~ **REINSTATED** ORDERED sua sponte that the above-styled appeal is dismissed for nonpayment of the $300.00 filing fee.
|
|
| Docket Date |
2019-09-24
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk ~ **REINSTATED**
|
|
| Docket Date |
2019-09-24
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
DANTON MORTIMER
|
|
| Docket Date |
2019-09-24
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Reinstatement
|
| Description |
Motion For Reinstatement
|
| On Behalf Of |
DANTON MORTIMER
|
|
| Docket Date |
2019-09-05
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2019-09-05
|
| 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 |
2019-08-30
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2019-08-30
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
DANTON MORTIMER
|
|
|
|
FIRST COMMUNITY INSURANCE COMPANY VS RIVERSIDE FAMILY HEALTH PL AND CMBC 100 MEDICAL OFFICE, LLC
|
5D2018-3438
|
2018-11-02
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
5th District Court of Appeal
|
| Originating Court |
Circuit Court for the Eighteenth Judicial Circuit, Brevard County
05-2016-CA-025489-X
|
Parties
| Name |
FIRST COMMUNITY INSURANCE COMPANY
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Rachael M. Crews, RICHARD E. MITCHELL, CHARLES T. WELLS
|
|
| Name |
CBMC 100 MEDICAL OFFICE, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
RIVERSIDE FAMILY HEALTH, PL
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Matthew G. Struble, PETER DIAMOND, Christine Skubala Cohen
|
|
| Name |
Hon. Charles J. Roberts
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk Brevard
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2019-01-29
|
| Type |
Order
|
| Subtype |
Order on Motion/Notice Voluntary Dismissal (non-dispositive)
|
| Description |
Order Granting Voluntary Dismissal ~ APPEAL AND CROSS APPEAL DISMISSED; MOT TO RELINQUISH IS MOOT
|
|
| Docket Date |
2019-01-28
|
| Type |
Mediation
|
| Subtype |
Mediation Report
|
| Description |
Mediation Report ~ MD HOWARD R. MARSEE 134211
|
|
| Docket Date |
2019-02-18
|
| Type |
Mandate
|
| Subtype |
Notice Memorandum
|
| Description |
Notice Memorandum
|
|
| Docket Date |
2019-02-18
|
| Type |
Record
|
| Subtype |
Returned Records
|
| Description |
Returned Records ~ NO RECORD EFILED
|
|
| Docket Date |
2019-01-29
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2019-01-29
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal ~ JT STIP AND MOT TO RELINQUISH
|
| On Behalf Of |
FIRST COMMUNITY INSURANCE COMPANY
|
|
| Docket Date |
2019-01-15
|
| Type |
Order
|
| Subtype |
Order on Extension of Time to Complete Mediation
|
| Description |
ORD-Grant EOT to Complete Mediation
|
|
| Docket Date |
2019-01-14
|
| Type |
Mediation
|
| Subtype |
Med Motion for extension of time
|
| Description |
Med Motion for extension of time
|
| On Behalf Of |
RIVERSIDE FAMILY HEALTH PL
|
|
| Docket Date |
2018-11-28
|
| Type |
Order
|
| Subtype |
Order Appointing Mediator
|
| Description |
ORD-Appointing Mediator
|
|
| Docket Date |
2018-11-28
|
| Type |
Mediation
|
| Subtype |
Response to Order of Referral to Mediation
|
| Description |
Response to Order of Referral to Mediation
|
| On Behalf Of |
RIVERSIDE FAMILY HEALTH PL
|
|
| Docket Date |
2018-11-20
|
| Type |
Order
|
| Subtype |
Order of Referral to Mediation
|
| Description |
ORD-Referral To Mediation
|
|
| Docket Date |
2018-11-15
|
| Type |
Mediation
|
| Subtype |
Mediation Questionnaire
|
| Description |
Mediation Questionnaire ~ AA CHARLES T. WELLS 0086265
|
| On Behalf Of |
FIRST COMMUNITY INSURANCE COMPANY
|
|
| Docket Date |
2018-11-05
|
| Type |
Order
|
| Subtype |
Mediation Order to Counsel
|
| Description |
Mediation Letter to Counsel
|
|
| Docket Date |
2018-11-05
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
FIRST COMMUNITY INSURANCE COMPANY
|
|
| Docket Date |
2018-11-05
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgement Letter 1
|
|
| Docket Date |
2018-11-02
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ FILED BELOW 11/2/18
|
| On Behalf Of |
FIRST COMMUNITY INSURANCE COMPANY
|
|
| Docket Date |
2018-11-02
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
RITA D. GARCIA VS FIRST COMMUNITY INSURANCE COMPANY
|
3D2017-0968
|
2017-05-01
|
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
15-19192
|
Parties
| Name |
RITA D. GARCIA
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Virginia M. Best, JOHANNA M. MENENDEZ, CHRISTOPHER A. AGUIRRE, SCOT STREMS
|
|
| Name |
FIRST COMMUNITY INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Andrew M. Feldman, NICOLE M. REID, JOSEPH H. LOWE
|
|
| Name |
HON. ANTONIO MARIN
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2017-05-01
|
| Type |
Notice
|
| Subtype |
Notice of Appeal Transmittal Form
|
| Description |
Notice of Transmittal--NOA
|
| On Behalf Of |
RITA D. GARCIA
|
|
| Docket Date |
2017-05-01
|
| 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 |
2018-04-13
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2018-04-13
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2018-03-28
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Attorney Fees Granted (OG47) ~ Upon consideration of appellant's request for attorney's fees, it is ordered that said request is conditionally granted and remanded to the trial court to fix amount.
|
|
| Docket Date |
2018-03-28
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed - Authored Opinion ~ and Remanded.
|
|
| Docket Date |
2018-03-06
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ 3DCA
|
|
| Docket Date |
2018-02-28
|
| Type |
Order
|
| Subtype |
Order Dispensing with Oral Argument
|
| Description |
Considered w/o Oral Argument (OR52) ~ This cause is removed from the oral argument calendar of Tuesday, March 6, 2018. The Court will consider the case without oral argument. SUAREZ, LAGOA and LINDSEY, JJ., concur.
|
|
| Docket Date |
2018-02-20
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
RITA D. GARCIA
|
|
| Docket Date |
2018-02-13
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Extension granted to file reply brief (OG05) ~ Appellant's motion for an extension of time to file the reply brief is granted to and including February 19, 2018.
|
|
| Docket Date |
2018-02-09
|
| 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 |
RITA D. GARCIA
|
|
| Docket Date |
2018-01-11
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ RB 30 days to 2/9/18
|
|
| Docket Date |
2018-01-10
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
RITA D. GARCIA
|
|
| Docket Date |
2017-12-22
|
| Type |
Notice
|
| Subtype |
Notice of Oral Argument
|
| Description |
Notice of Oral Argument
|
|
| Docket Date |
2017-12-21
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
First Community Insurance Company
|
|
| Docket Date |
2017-11-20
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
First Community Insurance Company
|
|
| Docket Date |
2017-11-20
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ AB-30 days to 12/24/17
|
|
| Docket Date |
2017-10-13
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
First Community Insurance Company
|
|
| Docket Date |
2017-10-13
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ AB-30 days to 11/24/17
|
|
| Docket Date |
2017-10-04
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
RITA D. GARCIA
|
|
| Docket Date |
2017-10-04
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
RITA D. GARCIA
|
|
| Docket Date |
2017-10-04
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
RITA D. GARCIA
|
|
| Docket Date |
2017-10-04
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
RITA D. GARCIA
|
|
| Docket Date |
2017-09-14
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Clerk's notice granting eot (CLKEX) ~ IB-19 days to 10/4/17
|
|
| Docket Date |
2017-09-06
|
| 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 |
RITA D. GARCIA
|
|
| Docket Date |
2017-09-05
|
| Type |
Order
|
| Subtype |
Order to Serve Brief
|
| Description |
AA to file intitial brief w/in 10 days (OR21A) ~ 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.
|
|
| Docket Date |
2017-07-11
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
|
|
| Docket Date |
2017-07-06
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB-30 days to 8/5/17.
|
|
| Docket Date |
2017-07-06
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
RITA D. GARCIA
|
|
| Docket Date |
2017-07-05
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
RITA D. GARCIA
|
|
| Docket Date |
2017-05-09
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee-civil w/atty (OR14B) ~ This is to notify counsel for appellant that the filing and prosecution of a notice of appeal in this Court is not acceptable without compliance with the Florida Rules of Appellate Procedure. Therefore, this appeal will be dismissed unless the required three hundred ($300.00) dollar fee is paid to the Clerk of the Court on or before May 19, 2017.
|
|
| Docket Date |
2017-05-01
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
FIRST COMMUNITY INSURANCE COMPANY VS JAMES MARKS AND NATALIE MARKS
|
5D2016-2440
|
2016-07-18
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
5th District Court of Appeal
|
| Originating Court |
Circuit Court for the Eighteenth Judicial Circuit, Seminole County
12-CA-550-15L
|
Parties
| Name |
FIRST COMMUNITY INSURANCE COMPANY
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Scot E. Samis, C. Ryan Jones
|
|
| Name |
JAMES MARKS
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
DAVID C. MURRAY
|
|
| Name |
NATALIE MARKS
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Jessica J. Recksiedler
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk Seminole
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2016-11-21
|
| Type |
Mandate
|
| Subtype |
Notice Memorandum
|
| Description |
Notice Memorandum
|
|
| Docket Date |
2016-11-21
|
| Type |
Record
|
| Subtype |
Returned Records
|
| Description |
Returned Records ~ NO RECORD
|
|
| Docket Date |
2016-11-02
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Dismissing Appeal ~ LACK OF JURISDICTION.
|
|
| Docket Date |
2016-11-02
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2016-09-16
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
FIRST COMMUNITY INSURANCE COMPANY
|
|
| Docket Date |
2016-08-23
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ AE W/I 10 DAYS FILE REPLY
|
|
| Docket Date |
2016-08-22
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ PER 7/22 ORDER
|
| On Behalf Of |
FIRST COMMUNITY INSURANCE COMPANY
|
|
| Docket Date |
2016-08-17
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Order Grant EOT to file Response to Ct. Order ~ RESPONSE DUE 8/22.
|
|
| Docket Date |
2016-07-29
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
| On Behalf Of |
FIRST COMMUNITY INSURANCE COMPANY
|
|
| Docket Date |
2016-07-25
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ TO FILE DIRECTIONS AND DESIGNATION
|
| On Behalf Of |
FIRST COMMUNITY INSURANCE COMPANY
|
|
| Docket Date |
2016-07-25
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
FIRST COMMUNITY INSURANCE COMPANY
|
|
| Docket Date |
2016-07-22
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
Order to Show Cause ~ AA W/I 10 DAYS;REPLY W/I 10 DAYS
|
|
| Docket Date |
2016-07-18
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ FILED BELOW 7/15/16
|
| On Behalf Of |
FIRST COMMUNITY INSURANCE COMPANY
|
|
| Docket Date |
2016-07-18
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgement Letter 1
|
|
| Docket Date |
2016-07-18
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee - Civil appeal (300)
|
|
| Docket Date |
2016-07-18
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
EDUARDO IRUELA, et al., VS FIRST COMMUNITY INSURANCE COMPANY,
|
3D2014-1687
|
2014-07-14
|
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
11-24782
|
Parties
| Name |
MARTA IRUELA
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
EDUARDO IRUELA
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
KENNETH R. DUBOFF, JOSHUA A. BLACKSTEN
|
|
| Name |
FIRST COMMUNITY INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Peter A. Diamond
|
|
| Name |
HON. DARRIN P. GAYLES
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2014-10-10
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2014-10-10
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2014-10-10
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2014-10-10
|
| Type |
Notice
|
| Subtype |
Voluntary Dismissal
|
| Description |
Voluntary Dismissal Recognized (OG33) ~ ORDERED that appellants' notice of voluntary dismissal is recognized by the Court, and this appeal from the Circuit Court for Miami-Dade County, Florida is hereby dismissed.
|
|
| Docket Date |
2014-10-09
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
EDUARDO IRUELA
|
|
| Docket Date |
2014-09-25
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal ~ 3 VOLUMES.
|
|
| Docket Date |
2014-08-15
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Clerk's notice granting eot (CLKEX) ~ IB-30 days to 9/14/14.
|
|
| Docket Date |
2014-08-14
|
| 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 |
EDUARDO IRUELA
|
|
| Docket Date |
2014-07-21
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee-civil w/atty (OR14B) ~ This is to notify counsel for appellants that the filing and prosecution of a notice of appeal in this Court is not acceptable without compliance with the Florida Rules of Appellate Procedure. Therefore, this appeal will be dismissed unless the required three hundred ($300.00) dollar fee is paid to the Clerk of the Court on or before August 1, 2014.
|
|
| Docket Date |
2014-07-14
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgement of new case with attachments. ** The $300 filing fee is due immediately.
|
|
| Docket Date |
2014-07-14
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
MARTA IRUELA
|
|
| Docket Date |
2014-07-14
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
