ERNESTO MORALES and ALLIED BUILDING PRODUCTS CORP. VS LARRY L. BYERLY
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4D2016-4360
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2016-12-28
|
Closed
|
|
Classification |
Original Proceedings - Circuit Civil - Certiorari
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Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County
562015CA000437 (AN)
|
Parties
Name |
ERNESTO MORALES
|
Role |
Petitioner
|
Status |
Active
|
Representations |
JILL K. SCHMIDT, PETER P. MURNAGHAN
|
|
Name |
ALLIED BUILDING PRODUCTS, CORP.
|
Role |
Petitioner
|
Status |
Active
|
|
Name |
LARRY L. BYERLY
|
Role |
Respondent
|
Status |
Active
|
Representations |
Andrew A. Harris, HAROLD DAVIS LEWIS
|
|
Name |
Hon. Janet C. Croom
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - St. Lucie
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2017-01-30
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Judge
|
|
Docket Date |
2017-01-24
|
Type |
Motions Other
|
Subtype |
Motion To Consolidate
|
Description |
Motion To Consolidate ~ WITH 4D16-4361.
|
On Behalf Of |
LARRY L. BYERLY
|
|
Docket Date |
2017-01-24
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix ~ TO MOTION TO DISMISS.
|
On Behalf Of |
LARRY L. BYERLY
|
|
Docket Date |
2017-01-06
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
LARRY L. BYERLY
|
|
Docket Date |
2017-01-06
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees
|
On Behalf Of |
LARRY L. BYERLY
|
|
Docket Date |
2016-12-30
|
Type |
Record
|
Subtype |
Appendix to Petition
|
Description |
Appendix to Petition
|
On Behalf Of |
ERNESTO MORALES
|
|
Docket Date |
2016-12-30
|
Type |
Petition
|
Subtype |
Petition Certiorari
|
Description |
Petition for Certiorari Filed ~ AMENDED
|
On Behalf Of |
ERNESTO MORALES
|
|
Docket Date |
2016-12-29
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Writ of Certiorari / Acknowledgment letter
|
|
Docket Date |
2016-12-28
|
Type |
Petition
|
Subtype |
Petition
|
Description |
Petition Filed
|
On Behalf Of |
ERNESTO MORALES
|
|
Docket Date |
2016-12-28
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
Docket Date |
2017-01-30
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
Order-Original Proceeding Dismissed ~ ORDERED that petitioners' petitions for writ of certiorari are dismissed for failure to show irreparable harm; further,ORDERED that petitioners' January 17, 2017 motion to stay, filed in 4D16-4361, is denied; further,ORDERED that respondent's January 24, 2017 motions to dismiss are denied as moot; further,ORDERED that the petitioners' January 24, 2017 motions to consolidate are denied; further, ORDERED that the respondent's January 6, 2017 motion for attorney's fees, filed in 4D16-4360, is granted conditioned on the trial court determining that respondent is entitled to fees under section 768.79, Florida Statutes (2016) and, if so, setting 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 motion, including, but not limited to, preparation of a responsive pleading, shall be taken into account in computing the amount of the fee.WARNER, KLINGENSMITH and KUNTZ, JJ., concur.
|
|
Docket Date |
2016-12-29
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
ORD-Pay Filing Fee-Original Proceeding ~ The $300.00 filing fee or affidavit of indigency in conformance with sections 57.081 and 57.085, Florida Statutes, did not accompany the petition as required in Florida Rule of Appellate Procedure 9.100(b). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE PETITION IS SUBSEQUENTLY VOLUNTARILY DISMISSED OR ADVERSELY DISMISSED.ORDERED sua sponte that the $300.00 filing fee or affidavit of indigency in conformance with section 57.081 and 57.085, Florida Statutes, must be filed in this Court within ten (10) days from the date of the entry of this order. Failure to comply within the time prescribed will result in dismissal of 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 petition has a duty to tender the filing fee to the appellate court when the petition 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: 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 this filing fee is paid or until an affidavit of indigency is filed and indigency status is granted.
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|
|
LIBERTY MUTUAL FIRE INSURANCE COMPANY VS ERNESTO MORALES, et al.
|
4D2016-4361
|
2016-12-28
|
Closed
|
|
Classification |
Original Proceedings - Circuit Civil - Certiorari
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County
562016CA000437(AN)
|
Parties
Name |
LIBERTY MUTUAL FIRE INSURANCE COMPANY
|
Role |
Petitioner
|
Status |
Active
|
Representations |
Anthony J. Russo, Matthew J. Lavisky
|
|
Name |
ERNESTO MORALES
|
Role |
Respondent
|
Status |
Active
|
Representations |
Andrew A. Harris, JILL K. SCHMIDT, PETER P. MURNAGHAN, HAROLD DAVIS LEWIS
|
|
Name |
ALLIED BUILDING PRODUCTS, CORP.
|
Role |
Respondent
|
Status |
Active
|
|
Name |
LARRY L. BYERLY
|
Role |
Respondent
|
Status |
Active
|
|
Name |
Hon. Janet C. Croom
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - St. Lucie
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2017-01-30
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
Order-Original Proceeding Dismissed ~ ORDERED that petitioners' petitions for writ of certiorari are dismissed for failure to show irreparable harm; further,ORDERED that petitioners' January 17, 2017 motion to stay, filed in 4D16-4361, is denied; further,ORDERED that respondent's January 24, 2017 motions to dismiss are denied as moot; further,ORDERED that the petitioners' January 24, 2017 motions to consolidate are denied; further, ORDERED that the respondent's January 6, 2017 motion for attorney's fees, filed in 4D16-4360, is granted conditioned on the trial court determining that respondent is entitled to fees under section 768.79, Florida Statutes (2016) and, if so, setting 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 motion, including, but not limited to, preparation of a responsive pleading, shall be taken into account in computing the amount of the fee.WARNER, KLINGENSMITH and KUNTZ, JJ., concur.
|
|
Docket Date |
2017-01-30
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Judge
|
|
Docket Date |
2017-01-24
|
Type |
Motions Other
|
Subtype |
Motion To Consolidate
|
Description |
Motion To Consolidate ~ WITH 4D16-4360.
|
On Behalf Of |
ERNESTO MORALES
|
|
Docket Date |
2017-01-24
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix ~ TO MOTION TO DISMISS.
|
On Behalf Of |
ERNESTO MORALES
|
|
Docket Date |
2017-01-17
|
Type |
Motions Other
|
Subtype |
Motion To Stay
|
Description |
Motion To Stay ~ CONSIDERATION OF AMENDED PETITION.
|
On Behalf Of |
Liberty Mutual Fire Insurance Company
|
|
Docket Date |
2017-01-17
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix
|
On Behalf Of |
Liberty Mutual Fire Insurance Company
|
|
Docket Date |
2017-01-06
|
Type |
Notice
|
Subtype |
Notice of Related Case or Issue
|
Description |
Notice of Similar Case Pending ~ WITH 16-4360
|
On Behalf Of |
ERNESTO MORALES
|
|
Docket Date |
2016-12-30
|
Type |
Petition
|
Subtype |
Petition Certiorari
|
Description |
Petition for Certiorari Filed ~ AMENDED
|
On Behalf Of |
Liberty Mutual Fire Insurance Company
|
|
Docket Date |
2016-12-30
|
Type |
Record
|
Subtype |
Appendix to Petition
|
Description |
Appendix to Petition
|
On Behalf Of |
Liberty Mutual Fire Insurance Company
|
|
Docket Date |
2016-12-29
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Writ of Certiorari / Acknowledgment letter
|
|
Docket Date |
2016-12-29
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
ORD-Pay Filing Fee-Original Proceeding ~ The $300.00 filing fee or affidavit of indigency in conformance with sections 57.081 and 57.085, Florida Statutes, did not accompany the petition as required in Florida Rule of Appellate Procedure 9.100(b). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE PETITION IS SUBSEQUENTLY VOLUNTARILY DISMISSED OR ADVERSELY DISMISSED.ORDERED sua sponte that the $300.00 filing fee or affidavit of indigency in conformance with section 57.081 and 57.085, Florida Statutes, must be filed in this Court within ten (10) days from the date of the entry of this order. Failure to comply within the time prescribed will result in dismissal of 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 petition has a duty to tender the filing fee to the appellate court when the petition 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: 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 this filing fee is paid or until an affidavit of indigency is filed and indigency status is granted.
|
|
Docket Date |
2016-12-28
|
Type |
Petition
|
Subtype |
Petition Certiorari
|
Description |
Petition for Certiorari Filed
|
On Behalf Of |
Liberty Mutual Fire Insurance Company
|
|
Docket Date |
2016-12-28
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
|