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CYPRESS PROPERTY & CASUALTY INSURANCE COMPANY, as subrogee of Emilia Robio, Appellant v. DREAM FINDERS HOMES, LLC f/k/a CENTURY HOMES FLORIDA, LLC and C. STERLING QUALITY ROOFING, INC., Appellees.
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6D2024-1601
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2024-08-01
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Open
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|
| Classification |
NOA Final - County Civil - Other
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| Court |
6th District Court of Appeal
|
| Originating Court |
County Court for the Ninth Judicial Circuit, Orange County
2024-CC-007519
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Parties
| Name |
CYPRESS PROPERTY & CASUALTY INSURANCE COMPANY
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Matthew Ray Brown
|
|
| Name |
DREAM FINDERS HOMES LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Kelley Anne Chida, Amanda Kaye Anderson
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|
| Name |
C. STERLING QUALITY ROOFING, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Rinaldo J. Cartaya, III, Erik Arthur Lindahl Schiff
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|
| Name |
Hon. Evellen Houha Jewett
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Orange Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-11-13
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
NOTICE OF INABILITY TO PRODUCE THE RECORD ON APPEAL
|
| On Behalf Of |
Orange Clerk
|
|
| Docket Date |
2024-09-17
|
| Type |
Order
|
| Subtype |
Order on Unsuccessful Mediation
|
| Description |
The above-referenced case has been noted as an unsuccessful mediation. Accordingly, the ten day time period for filing directions to the clerk and designations to the court reporter, the fifty-day time period for preparing the record and serving copies of the index, the sixty-day time period for filing the record on appeal, and the seventy-day time period for filing of Appellant's Initial Brief shall commence as of the date of this order.
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| View |
View File
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| Docket Date |
2024-08-28
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| Type |
Mediation
|
| Subtype |
Notice of Mediation
|
| Description |
Notice of Mediation
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| View |
View File
|
|
| Docket Date |
2024-08-02
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Pay Case Filing Fee-300
|
| On Behalf Of |
CYPRESS PROPERTY & CASUALTY INSURANCE COMPANY
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| View |
View File
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|
| Docket Date |
2024-08-02
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| Type |
Event
|
| Subtype |
Fee Satisfied
|
| Description |
Fee Satisfied
|
|
| Docket Date |
2024-08-26
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| Type |
Order
|
| Subtype |
Mediation Order to Counsel
|
| Description |
The Court hereby appoints Robert D. Moses, mediator number 40684 R , 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 August 13, 2024.
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| View |
View File
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| Docket Date |
2024-08-22
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| Type |
Mediation
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| Subtype |
Response to Order of Referral to Mediation
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| Description |
Response to Order of Referral to Mediation
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| On Behalf Of |
CYPRESS PROPERTY & CASUALTY INSURANCE COMPANY
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| View |
View File
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| Docket Date |
2024-08-07
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| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
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| On Behalf Of |
DREAM FINDERS HOMES, LLC
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|
| Docket Date |
2024-08-01
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| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
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| View |
View File
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|
| Docket Date |
2024-08-01
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| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
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| On Behalf Of |
CYPRESS PROPERTY & CASUALTY INSURANCE COMPANY
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| View |
View File
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| Docket Date |
2025-01-03
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| Type |
Order
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| Subtype |
Order on Motion for Extension of Time for Record & EOT/Toll Briefing
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| Description |
Appellant's motion for extension of time for transmission of the record on appeal and service of the initial brief is granted. The record on appeal shall be transmitted and the initial brief shall be served within thirty days from the date of this order.
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| View |
View File
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| Docket Date |
2024-12-23
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| Type |
Record
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| Subtype |
Record on Appeal
|
| Description |
JEWETT - 90 PAGES
|
| On Behalf Of |
Orange Clerk
|
|
| Docket Date |
2024-12-15
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| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
STATUS REPORT REGARDING RECORD ON APPEAL
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| On Behalf Of |
CYPRESS PROPERTY & CASUALTY INSURANCE COMPANY
|
|
| Docket Date |
2024-12-10
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time for Record & EOT/Toll Briefing
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| Description |
APPELLANT'S AMENDED MOTION FOR EXTENSION
OF TIME TO PREPARE RECORD ON APPEAL AND
FILE INITIAL BRIEF
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| On Behalf Of |
CYPRESS PROPERTY & CASUALTY INSURANCE COMPANY
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|
| Docket Date |
2024-12-05
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| Type |
Order
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| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
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| Description |
Appellant's motion for extension of time to serve the initial brief is denied for failure to comply with Florida Rule of Appellate Procedure 9.300(a) without prejudice to Appellant to file an amended motion within five days from the date of this order, which amended motion shall include a certificate of consultation with opposing counsel and specify the length of extension requested.
Within ten days from the date of this order, Appellant shall make financial arrangements for the preparation of the record on appeal and shall serve a status report indicating that those arrangements were made.
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| View |
View File
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| Docket Date |
2024-11-26
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to Serve Initial Brief
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| Description |
Motion for Extension of Time to Serve Initial Brief
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| On Behalf Of |
CYPRESS PROPERTY & CASUALTY INSURANCE COMPANY
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| Docket Date |
2024-08-13
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| Type |
Order
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| 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 |
2024-08-06
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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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| Docket Date |
2024-08-01
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| 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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SAMANTHA JOURDAN, BRANDON JOURDAN, Appellant(s) v. CYPRESS PROPERTY & CASUALTY INSURANCE COMPANY, Appellee(s).
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6D2024-0715
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2024-04-01
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Closed
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| Classification |
NOA Non Final - Circuit Civil - Other
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| Court |
6th District Court of Appeal
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| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Lee County
23-CA-11867
Circuit Court for the Twentieth Judicial Circuit, Lee County
2023-CA-007884
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Parties
| Name |
SAMANTHA JOURDAN
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| Role |
Appellant
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| Status |
Active
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|
| Name |
BRANDON JOURDAN
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| Role |
Appellant
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| Status |
Active
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| Representations |
ALEX FINCH, Esq.
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|
| Name |
CYPRESS PROPERTY & CASUALTY INSURANCE COMPANY
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| Role |
Appellee
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| Status |
Active
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| Representations |
KATHERINE KULIK, ESQ., JESSICA DONNER, ESQ., Jacob Joseph Linhart
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|
| Name |
HONORABLE ALANE LABODA
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
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|
| Name |
KEVIN KARNES, CLERK
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| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
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Docket Entries
| Docket Date |
2024-11-07
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| Type |
Disposition by Order
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| Subtype |
Dismissed
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| Description |
Pursuant to Appellant's notice of voluntary dismissal, this case is dismissed.
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| View |
View File
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| Docket Date |
2024-11-07
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| Type |
Motions Other
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| Subtype |
Motion/Notice Voluntary Dismissal
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| Description |
Motion/Notice Voluntary Dismissal
|
| On Behalf Of |
BRANDON JOURDAN
|
|
| Docket Date |
2024-10-04
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| Type |
Notice
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| Subtype |
Notice
|
| Description |
Notice
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| On Behalf Of |
CYPRESS PROPERTY & CASUALTY INSURANCE COMPANY
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|
| Docket Date |
2024-07-15
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| Type |
Brief
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| Subtype |
Answer Brief
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| Description |
Answer Brief
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| On Behalf Of |
CYPRESS PROPERTY & CASUALTY INSURANCE COMPANY
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| View |
View File
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| Docket Date |
2024-07-01
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| Type |
Notice
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| Subtype |
Notice of Agreed Extension of Time - Answer Brief
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| Description |
30- AB DUE 07/15
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| On Behalf Of |
CYPRESS PROPERTY & CASUALTY INSURANCE COMPANY
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|
| Docket Date |
2024-05-15
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| Type |
Brief
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| Subtype |
Initial Brief
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| Description |
Initial Brief
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| On Behalf Of |
BRANDON JOURDAN
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|
| Docket Date |
2024-05-08
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to Serve Initial Brief
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| Description |
Motion for Extension of Time to Serve Initial Brief
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| On Behalf Of |
BRANDON JOURDAN
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|
| Docket Date |
2024-05-07
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| Type |
Notice
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| Subtype |
Notice of Appearance
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| Description |
Notice of Appearance
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| On Behalf Of |
CYPRESS PROPERTY & CASUALTY INSURANCE COMPANY
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|
| Docket Date |
2024-05-01
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to Serve Initial Brief
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| Description |
APPELLANTS' UNOPPOSED MOTION FOR
ENLARGEMENT OF TIME TO FILE INITIAL BRIEF AND APPENDIX
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| On Behalf Of |
BRANDON JOURDAN
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|
| Docket Date |
2024-04-23
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| Type |
Miscellaneous Document
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| Subtype |
Pay Case Filing Fee-300
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| Description |
Pay Case Filing Fee-300
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| On Behalf Of |
BRANDON JOURDAN
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| View |
View File
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| Docket Date |
2024-04-23
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| Type |
Event
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| Subtype |
Fee Satisfied
|
| Description |
Fee Satisfied
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|
| Docket Date |
2024-04-22
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| Type |
Misc. Events
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| Subtype |
Certificate of Service
|
| Description |
APPELLANT'S, BRANDON JOURDAN AND SAMANTHA JOURDAN,
NOTICE OF SERVICE OF AMENDED CERTIFICATE OF
SERVICE OF NOTICE OF APPEAL OF NON-FINAL ORDER
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| On Behalf Of |
BRANDON JOURDAN
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|
| Docket Date |
2024-04-12
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| Type |
Order
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| Subtype |
Nonfinal Appeals
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| Description |
nonfinal appeal order for initial brief ~ This proceeding is a nonfinal appeal, or an appeal of a specified final order, governed by Florida Rule of Appellate Procedure 9.130. The initial brief and appendix shall be served within twenty days of the date of this order. The Appellees shall serve the answer brief(s) within thirty days of service of the initial brief.
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| Docket Date |
2024-04-12
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter 1 ~ ACKNOWLEDGEMENT LETTER
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|
| Docket Date |
2024-04-01
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| Type |
Misc. Events
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| Subtype |
Fee Status
|
| Description |
HL:Fee Owed
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|
| Docket Date |
2024-03-31
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| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
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| On Behalf Of |
BRANDON JOURDAN
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|
| Docket Date |
2024-12-16
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| Type |
Mandate
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| Subtype |
Mandate
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| Description |
Mandate
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| View |
View File
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| Docket Date |
2024-05-28
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| Type |
Order
|
| Subtype |
Order
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| Description |
Appellants' motions for extension of time to serve initial brief are granted to the extent that the initial brief is accepted as filed.
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| View |
View File
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CYPRESS PROPERTY & CASUALTY INSURANCE COMPANY, AS SUBROGEE OF MORTON SIEGEL, Appellant(s) v. ARGUS PROPERTY MANAGEMENT, INC, AND ADVANCED MANAGEMENT OF SOUTHWEST FLORIDA, INC., Appellee(s).
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2D2024-0524
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2024-03-04
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Closed
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| Classification |
NOA Final - Circuit Civil - Other
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| Court |
2nd District Court of Appeal
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| Originating Court |
Circuit Court for the Twelfth Judicial Circuit, Sarasota County
2023-CA-007113NC
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Parties
| Name |
CYPRESS PROPERTY & CASUALTY INSURANCE COMPANY
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| Role |
Appellant
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| Status |
Active
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| Representations |
Tyler Daniel Brown
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|
| Name |
SUBROGEE OF MORTON SIEGEL
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| Role |
Appellant
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| Status |
Active
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|
| Name |
ARGUS PROPERTY MANAGEMENT, INC.
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| Role |
Appellee
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| Status |
Active
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| Representations |
Ryan William Royce, Matthew Overpeck, E. Taylor George
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| Name |
ADVANCED MANAGEMENT OF SOUTHWEST FLORIDA, INC.
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| Role |
Appellee
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| Status |
Active
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| Representations |
Dawn E. George, Forrest Lee Andrews, Debbie Maken
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|
| Name |
HON. STEPHEN WALKER
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| Role |
Judge/Judicial Officer
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| Status |
Active
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|
| Name |
SARASOTA CLERK
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| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
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Docket Entries
| Docket Date |
2024-08-28
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| Type |
Disposition by Order
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| Subtype |
Dismissed
|
| Description |
Pursuant to the notice of voluntary dismissal filed herein, this appeal is dismissed.
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| View |
View File
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| Docket Date |
2024-08-28
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| Type |
Motions Other
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| Subtype |
Motion/Notice Voluntary Dismissal
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| Description |
Motion/Notice Voluntary Dismissal
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| On Behalf Of |
CYPRESS PROPERTY & CASUALTY INSURANCE COMPANY
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|
| Docket Date |
2024-08-22
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| Type |
Notice
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| Subtype |
Notice of Appearance
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| Description |
Notice of Appearance
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| On Behalf Of |
ADVANCED MANAGEMENT OF SOUTHWEST FLORIDA, INC.
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| Docket Date |
2024-08-22
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| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
CYPRESS PROPERTY & CASUALTY INSURANCE COMPANY
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|
| Docket Date |
2024-07-18
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| Type |
Response
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| Subtype |
Response
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| Description |
ADVANCED MANAGEMENT OF SOUTHWEST FLORIDA, INC.'S RESPONSE IN OPPOSITION TO APPELLANT'S RENEWED MOTION TO RELINQUISH JURISDICTION
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| On Behalf Of |
ARGUS PROPERTY MANAGEMENT, INC
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| Docket Date |
2024-06-28
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| Type |
Motions Other
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| Subtype |
Motion To Relinquish Jurisdiction
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| Description |
APPELLANT'S RENEWED MOTION TO RELINQUISH JURISDICTION
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| On Behalf Of |
CYPRESS PROPERTY & CASUALTY INSURANCE COMPANY
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| Docket Date |
2024-06-17
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| Type |
Order
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| Subtype |
Order
|
| Description |
Appellant's motion to relinquish jurisdiction is denied without prejudice to Appellant filing a renewed motion for relinquishment after first filing in the trial court a motion for relief from judgment pursuant to Florida Rule of Civil Procedure 1.540(b). Appellant's motion for extension of time is granted, and the initial brief shall be served within 15 days of the date of this order.
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| View |
View File
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| Docket Date |
2024-05-29
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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
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| On Behalf Of |
CYPRESS PROPERTY & CASUALTY INSURANCE COMPANY
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|
| Docket Date |
2024-05-23
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| Type |
Response
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| Subtype |
Response
|
| Description |
ADVANCE MANAGEMENT OF SOUTHWEST FLORIDA, INC.'S RESPONSE IN OPPOSITION TO APPELLANT'S MOTION TO RELINQUISH JURISDICTION
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| On Behalf Of |
ARGUS PROPERTY MANAGEMENT, INC
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|
| Docket Date |
2024-05-23
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| Type |
Order
|
| Subtype |
Order to File Response
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| Description |
Appellees shall respond to Appellant's motion to relinquish jurisdiction within 15 days of the date of this order.
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| View |
View File
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| Docket Date |
2024-05-17
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| Type |
Motions Other
|
| Subtype |
Motion To Relinquish Jurisdiction
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| Description |
APPELLANT'S AMENDED MOTION TO RELINQUISH JURISDICTION
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| On Behalf Of |
CYPRESS PROPERTY & CASUALTY INSURANCE COMPANY
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|
| Docket Date |
2024-05-16
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| Type |
Motions Other
|
| Subtype |
Motion To Relinquish Jurisdiction
|
| Description |
Motion To Relinquish Jurisdiction
|
| On Behalf Of |
CYPRESS PROPERTY & CASUALTY INSURANCE COMPANY
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|
| Docket Date |
2024-05-06
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| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
ARGUS PROPERTY MANAGEMENT, INC
|
|
| Docket Date |
2024-05-03
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Appellant's motion for extension of time is granted, and the initial brief shall be served by May 31, 2024.
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| View |
View File
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| Docket Date |
2024-05-01
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| Type |
Record
|
| Subtype |
Record on Appeal Redacted
|
| Description |
Record on Appeal Redacted - WALKER - 122 PAGES
|
|
| Docket Date |
2024-05-01
|
| 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 |
CYPRESS PROPERTY & CASUALTY INSURANCE COMPANY
|
|
| Docket Date |
2024-04-26
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
ARGUS PROPERTY MANAGEMENT, INC
|
|
| Docket Date |
2024-04-25
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
ARGUS PROPERTY MANAGEMENT, INC
|
|
| Docket Date |
2024-04-23
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Document
|
| Description |
Miscellaneous Trial Court Document
|
| On Behalf Of |
SARASOTA CLERK
|
|
| Docket Date |
2024-03-06
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1 ~ AMENDED
|
|
| Docket Date |
2024-03-06
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid through Portal
|
| On Behalf Of |
CYPRESS PROPERTY & CASUALTY INSURANCE COMPANY
|
|
| Docket Date |
2024-03-04
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ W/ORDER
|
| On Behalf Of |
CYPRESS PROPERTY & CASUALTY INSURANCE COMPANY
|
|
| Docket Date |
2024-03-04
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2024-03-04
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty ~ 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.
|
|
| Docket Date |
2024-03-04
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2024-07-24
|
| Type |
Order
|
| Subtype |
Order on Motion to Relinquish Jurisdiction
|
| Description |
Appellant's motion to relinquish jurisdiction is granted to the extent that jurisdiction is relinquished for 30 days for the trial court to rule on Appellant's "motion to vacate order of dismissal with prejudice." Appellant shall file in this court a status report within 30 days of the present order or a notice of voluntary dismissal within 10 days of the entry of an order vacating the order on appeal, whichever is earlier. A party who is aggrieved by any order entered by the trial court must file a notice of appeal within 30 days of its rendition. See Fla. R. App. P. 9.110(b); 9.130(b). If the present appeal survives, the parties should consider moving for its consolidation with the new appeal.
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| View |
View File
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CYPRESS PROPERTY & CASUALTY INSURANCE COMPANY, VS WATER DRYOUT, LLC, etc.,
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3D2023-0561
|
2023-03-29
|
Closed
|
|
| Classification |
NOA Non Final - County Small Claims - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
County Court for the Eleventh Judicial Circuit, Miami-Dade County
21-29762 SP
|
Parties
| Name |
CYPRESS PROPERTY & CASUALTY INSURANCE COMPANY
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
David J. Pascuzzi
|
|
| Name |
WATER DRYOUT, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Jesse L. O'Hara
|
|
| Name |
Hon. Linda Singer Stein
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-07-12
|
| Type |
Order
|
| Subtype |
Order on Motion For Clarification
|
| Description |
Grant Clarification (OG54) ~ Upon consideration, Appellant's Motion to Clarify Order Conditionally Granting Appellate Attorney’s Fees is hereby granted. The second sentence of the July 7, 2023, Order of dismissal is modified to state that: Appellant’s Motions for Attorney’s Fees are conditionally granted, provided that the trial court finds that the same matter has been voluntarily dismissed twice, triggering the second dismissal constituting an adjudication on the merits pursuant to Florida Rule of Civil Procedure 1.420(a)(1). FERNANDEZ, SCALES and BOKOR, JJ., concur.
|
|
| Docket Date |
2023-07-07
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Appeal Dismissed by the Court (DA11) ~ Upon review of the record, the appeal is hereby dismissed based on the voluntary dismissal of the underlying case. Appellant’s Motions for Attorney’s Fees are conditionally granted, provided that the trial court finds a valid and effective proposal for settlement, and that the same matter has been voluntarily dismissed twice, triggering the second dismissal constituting an adjudication on the merits pursuant to Florida Rule of Civil Procedure 1.420(a)(1).
|
|
| Docket Date |
2023-05-08
|
| 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 |
2023-03-29
|
| 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 April 8, 2023.
|
|
| Docket Date |
2023-08-09
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2023-08-09
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-07-24
|
| Type |
Order
|
| Subtype |
Order on Motion for Reconsideration/Rehearing of an Order
|
| Description |
Rehearing denied (OD57) ~ Appellant’s Response to Appellee’s Motion for Rehearing and/or Reconsideration, filed on July 20, 2023, is noted. Upon consideration, Appellee’s Motion for Rehearing and/or Reconsideration of this Court’s July 13, 2023, Order, is hereby denied. FERNANDEZ, SCALES and BOKOR, JJ., concur.
|
|
| Docket Date |
2023-07-20
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANT'S RESPONSE TO APPELLEE'S MOTION FORREHEARING AND/OR RECONSIDERATION OF 7/12/23 ORDERCLARYING APPELLANT'S ENTITLEMENT TO ATTORNEY'S FEES
|
| On Behalf Of |
Cypress Property & Casualty Insurance Company
|
|
| Docket Date |
2023-07-13
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing ~ And reconsideration of 7/12/23 order clarifying appellant's entitlement to attorney's fees
|
| On Behalf Of |
Water Dryout, LLC
|
|
| Docket Date |
2023-05-23
|
| Type |
Order
|
| Subtype |
Order Precluding Appellee from Oral Argument
|
| Description |
Appellee Precluded from O/A (OR25C) ~ It appearing unto the Court that the appellee’s answer brief was due to be filed in this cause on or before April 28, 2023, that on May 8, 2023, this Court entered an Order directing the appellee(s) to file said brief or be subject to sanctions, and that, as of the date of this Order, no answer brief has been filed in accordance with the Florida Rules of Appellate Procedure and the prior Order of this Court, be it therefore ordered and adjudged that the appellee(s) shall be precluded from filing an answer brief and from presenting (unless otherwise ordered) an oral argument to the Court in this cause. Nothing in this Order shall preclude the filing of, at any time prior to final decision in this cause, a memorandum of points and authorities in support of the appellee’s position in this appeal which shall be no more than three (3) letter size pages in length. See Fla. R. App. P. 9.410.
|
|
| Docket Date |
2023-05-23
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLEE'S NOTICE OF FILING RESPONSE TO COURT'S 5/23/23 ORDER AND RESPONSE TO APPELANT'S MOTION FOR ATTORNEY'S FEES
|
| On Behalf Of |
Water Dryout, LLC
|
|
| Docket Date |
2023-07-07
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ Motion to clarify order granting attorney's fees
|
| On Behalf Of |
Cypress Property & Casualty Insurance Company
|
|
| Docket Date |
2023-07-07
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2023-03-31
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ Appellant's Supplemental Motion for Attorney's Fees
|
| On Behalf Of |
Cypress Property & Casualty Insurance Company
|
|
| Docket Date |
2023-03-31
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ APPENDIX TO APPELLANT'S SUPPLEMENTAL MOTION FOR ATTORNEY'S FEES
|
| On Behalf Of |
Cypress Property & Casualty Insurance Company
|
|
| Docket Date |
2023-03-29
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Cypress Property & Casualty Insurance Company
|
|
| Docket Date |
2023-03-29
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ Appellant's Motion for Conditional Attorney's Fees
|
| On Behalf Of |
Cypress Property & Casualty Insurance Company
|
|
| Docket Date |
2023-03-29
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
Cypress Property & Casualty Insurance Company
|
|
| Docket Date |
2023-03-29
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
Cypress Property & Casualty Insurance Company
|
|
| Docket Date |
2023-03-29
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments.
|
|
| Docket Date |
2023-03-29
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Cypress Property & Casualty Insurance Company
|
|
| Docket Date |
2023-03-29
|
| Type |
Notice
|
| Subtype |
Notice of Appeal Transmittal Form
|
| Description |
Notice of Transmittal--NOA
|
| On Behalf Of |
Water Dryout, LLC
|
|
|
|
JENNIFER BURKE, as personal representative of the ESTATE OF JUAN ALVA RODRIGUEZ, Appellant(s) v. CYPRESS PROPERTY & CASUALTY INSURANCE COMPANY, et al., Appellee(s).
|
2D2022-4067
|
2022-12-13
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Twelfth Judicial Circuit, Sarasota County
2019CA-001368NC
|
Parties
| Name |
JENNIFER BURKE
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
George Alexander Vaka, Valerie Lynn Leatherwood, Robert C Hubbard, Jeffrey Howard Feldman, Bertram V Dannheisser, III
|
|
| Name |
ASPLUNDH TREE EXPERT, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
BOTANICAL SOLUTIONS SW FL, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
FLORIDA POWER & LIGHT COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HORTICOPIA LANDSCAPING LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
MARK STEINBERG
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HON. KEVIN BRUNING
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Sarasota Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
ESTATE OF JUAN ALVA RODRIGUEZ
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
CYPRESS PROPERTY & CASUALTY INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Katherine Marie Martinez, Jonathan P Whitney, Anaeli Caridad Petisco-Rojas, Mitchell Lee Lundeen, Anna Dorkas Torres, Eric Rowland Hoecker
|
|
Docket Entries
| Docket Date |
2024-06-17
|
| Type |
Order
|
| Subtype |
Order Setting Oral Argument
|
| Description |
This case is provisionally set for oral argument on August 7, 2024, at 11:00 AM, before: Judge Robert J. Morris, Judge J. Andrew Atkinson, Judge Andrea T. Smith. Oral argument will occur at the Second District Court of Appeal, in the courtroom of the Stetson University College of Law, Tampa Campus, First Floor, 1700 North Tampa Street, Tampa, Florida. The court calendars can be viewed on this court's website at https://2dca.flcourts.gov. Counsel or parties are requested to make their presence known to court personnel by fifteen minutes prior to the time listed above.
The panel is subject to change without notice. Should the assigned panel of judges decide that the court will not benefit from oral argument in this proceeding, the attorneys or parties will be notified by order no less than two weeks before the scheduled date. If this is a criminal proceeding where a victim, as defined in article I, section 16(e), Florida Constitution, has invoked their right to notice under article I, section 16(b)(6), the State is directed to provide the victim with notice of this oral argument and of any changes to the scheduled date.
Please review the notice regarding oral argument in the Second District Court of Appeal that follows this order.
|
| View |
View File
|
|
| Docket Date |
2024-02-27
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ APPELLEE'S, CYPRESS PROPERTY AND CASUALTY INSURANCE COMPANY, JOINT MOTION FOR IN PERSON ORAL ARGUMENT
|
| On Behalf Of |
CYPRESS PROPERTY & CASUALTY INSURANCE COMPANY
|
|
| Docket Date |
2024-02-22
|
| Type |
Order
|
| Subtype |
Order Re: Video Oral Argument
|
| Description |
OA Notice Video ~ This case is provisionally set for oral argument on TUESDAY, APRIL 23, 2024, at 9:30 A.M., before: Judge Stevan T. Northcutt, Judge Nelly N. Khouzam, Judge Robert J. Morris. The oral argument will be conducted by video conference. The court calendars can be viewed on this court’s website at www.2dca.org. Counsel or parties are requested to sign in by fifteen minutes prior to the time listed above.The panel is subject to change without notice. Should the assigned panel of judges decide that the court will not benefit from oral argument, the attorneys or parties will be notified by order no less than two weeks before the scheduled date. If this is a criminal proceeding where a victim, as defined in article I, section 16(e), Florida Constitution, has invoked their right to notice under article I, section 16(b)(6), the State is directed to provide the victim with notice of this oral argument and of any changes to the scheduled date.Please review the notice regarding oral argument in the Second District Court of Appeal. A copy has been furnished with this order and may also be found on this court’s website.Within ten days from the date of this order, any attorney or party who will be presenting argument is requested to provide the Clerk of the Court with the email address where the video invitation should be sent and a telephone number. This information may be sent by email to 2dcaClerk@flcourts.org. The Clerk of the Court will provide each participant with connection instructions, including the opportunity for a test session, before the argument.
|
|
| Docket Date |
2024-11-14
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-11-14
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2024-10-02
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed
|
| View |
View File
|
|
| Docket Date |
2024-06-13
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set
|
|
| Docket Date |
2024-03-05
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER ~ Cypress Property and Casualty Insurance Company's joint motion for in person oral argument is granted. Oral argument scheduled for April 23, 2024, is canceled and will be scheduled at a future date.
|
|
| Docket Date |
2024-01-31
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
ORDER GRANTING APPELLANT'S REPLY BRIEF ~ Appellant's motion for extension of time is granted, and the reply brief shall beserved by February 12, 2024.
|
|
| Docket Date |
2024-01-29
|
| 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 |
JENNIFER BURKE
|
|
| Docket Date |
2023-12-28
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30 - RB DUE 01/29/2024
|
| On Behalf Of |
JENNIFER BURKE
|
|
| Docket Date |
2023-11-29
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30 DAYS - RB DUE ON 12/29/23
|
| On Behalf Of |
JENNIFER BURKE
|
|
| Docket Date |
2023-11-02
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
CYPRESS PROPERTY & CASUALTY INSURANCE COMPANY
|
|
| Docket Date |
2023-10-30
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief
|
| On Behalf Of |
CYPRESS PROPERTY & CASUALTY INSURANCE COMPANY
|
|
| Docket Date |
2023-09-26
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ Appellee's motion for extension of time is granted, and the answer brief shall beserved by October 30, 2023.
|
|
| Docket Date |
2023-09-25
|
| 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 |
CYPRESS PROPERTY & CASUALTY INSURANCE COMPANY
|
|
| Docket Date |
2023-09-01
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 28 - AB DUE 09/29/2023
|
| On Behalf Of |
CYPRESS PROPERTY & CASUALTY INSURANCE COMPANY
|
|
| Docket Date |
2023-07-11
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 45 - AB DUE 09/05/2023
|
| On Behalf Of |
CYPRESS PROPERTY & CASUALTY INSURANCE COMPANY
|
|
| Docket Date |
2023-06-20
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-STRIKING APLNT BRIEF ~ The motion to strike is granted. The initial brief is stricken. The amended initialbrief is accepted as filed.
|
|
| Docket Date |
2023-06-19
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Appellant Initial Brief
|
| On Behalf Of |
JENNIFER BURKE
|
|
| Docket Date |
2023-06-19
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike ~ MOTION TO STRIKE INITIAL BRIEF AND FOR LEAVE TO FILE ANAMENDED INITIAL BRIEF
|
| On Behalf Of |
JENNIFER BURKE
|
|
| Docket Date |
2023-06-07
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
JENNIFER BURKE
|
|
| Docket Date |
2023-06-07
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| Description |
Amended Brief Required ~ Florida Rule of Appellate Procedure 9.045 requires the use of Arial 14-point fontor Bookman Old Style 14-point font, and it requires a certificate of compliance toindicate that the document complies with the font and applicable word count limitsspecified in the appellate rules. Appellant’s initial brief• is prepared with the wrong font.Appellant shall file an amended brief within ten days from the date of this orderand shall file with the brief a motion to strike the brief previously filed.
|
|
| Docket Date |
2023-06-06
|
| Type |
Record
|
| Subtype |
Appendix to Initial Brief
|
| Description |
Appendix for Initial Brief
|
| On Behalf Of |
JENNIFER BURKE
|
|
| Docket Date |
2023-06-01
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Denying EOT for Initial Brief ~ As the deadline suggested in Appellant's motion for an extension of time has passed, the motion is denied. Appellant shall serve the initial brief within 5 days of the date of this order.
|
|
| Docket Date |
2023-05-26
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ (FOURTH REQUEST)
|
| On Behalf Of |
JENNIFER BURKE
|
|
| Docket Date |
2023-05-22
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ (THIRD REQUEST)
|
| On Behalf Of |
JENNIFER BURKE
|
|
| Docket Date |
2023-04-21
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30 DAYS IB DUE ON 05/22/23
|
| On Behalf Of |
JENNIFER BURKE
|
|
| Docket Date |
2023-03-06
|
| Type |
Misc. Events
|
| Subtype |
Certificate of Service
|
| Description |
Certificate of Service ~ CERTIFICATE OF SERVICE
|
| On Behalf Of |
JENNIFER BURKE
|
|
| Docket Date |
2023-03-03
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ BRUNING - 1159 PAGES REDACTED
|
| On Behalf Of |
Sarasota Clerk
|
|
| Docket Date |
2023-02-28
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Sarasota Clerk
|
|
| Docket Date |
2023-02-24
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Document
|
| Description |
Miscellaneous Trial Court Document ~ DESIGNATION TO CIVIL COURT REPORTER AND REPORTER'S ACKNOWLEDGMENT
|
| On Behalf Of |
JENNIFER BURKE
|
|
| Docket Date |
2023-02-23
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellant's motion for extension of time is granted, and the initial brief shallbe served by April 21, 2023.
|
|
| Docket Date |
2023-02-21
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ SUPPLEMENT
|
| On Behalf Of |
JENNIFER BURKE
|
|
| Docket Date |
2023-02-20
|
| 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 |
JENNIFER BURKE
|
|
| Docket Date |
2023-02-16
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time for Court Reporter
|
| Description |
GR EOT COURT RPTR TRANS-CR REQ ~ The court reporter's motion for extension of time to file the transcript is granted until February 27, 2023.
|
|
| Docket Date |
2023-02-09
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion for Extension of Time for Court Reporter
|
| Description |
Motion Extension of Time Court Rpter Trans-Cr Req
|
|
| Docket Date |
2023-02-07
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Sarasota Clerk
|
|
| Docket Date |
2023-02-03
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Document
|
| Description |
Miscellaneous Trial Court Document ~ DESIGNATION TO CIVIL COURT REPORTER AND REPORTER'S ACKNOWLEDGMENT
|
| On Behalf Of |
JENNIFER BURKE
|
|
| Docket Date |
2023-01-31
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time for Court Reporter
|
| Description |
GR EOT COURT RPTR TRANS-CR REQ ~ The court reporter's motion for extension of time to file the transcript is granteduntil February 6, 2023.
|
|
| Docket Date |
2023-01-26
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion for Extension of Time for Court Reporter
|
| Description |
Motion Extension of Time Court Rpter Trans-Cr Req
|
|
| Docket Date |
2023-01-26
|
| Type |
Misc. Events
|
| Subtype |
Certificate of Service
|
| Description |
Certificate of Service
|
| On Behalf Of |
JENNIFER BURKE
|
|
| Docket Date |
2023-01-25
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion for Extension of Time for Court Reporter
|
| Description |
Motion Extension of Time Court Rpter Trans-Cr Req
|
|
| Docket Date |
2022-12-15
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid through Portal
|
| On Behalf Of |
JENNIFER BURKE
|
|
| Docket Date |
2022-12-14
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2022-12-14
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty ~ 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.
|
|
| Docket Date |
2022-12-13
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-12-13
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ w/order
|
| On Behalf Of |
JENNIFER BURKE
|
|
|
|
MERRICK PRESERVE CONDOMINIUM ASSOCIATION, INC. VS CYPRESS PROPERTY & CASUALTY INSURANCE COMPANY
|
4D2022-1626
|
2022-06-16
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE19-026022
|
Parties
| Name |
MERRICK PRESERVE CONDOMINIUM ASSOCIATION, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Alexander Brockmeyer, Stephen Mark Smith, Zorian I. Sperkacz
|
|
| Name |
CYPRESS PROPERTY & CASUALTY INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Steven G. Schwartz
|
|
| Name |
Hon. Barbara Anne McCarthy
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-06-12
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the June 12, 2023 notice of voluntary dismissal, this case is dismissed. Further, ORDERED that appellant’s January 9, 2023 motion for appellate attorney’s fees is determined to be moot.
|
|
| Docket Date |
2023-06-12
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2023-06-12
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
Merrick Preserve Condominium Association, Inc.
|
|
| Docket Date |
2023-05-16
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Grant Stay ~ ORDERED that appellant’s May 16, 2023 motion for extension of time to file reply brief is treated as a motion to stay and is granted. The above-styled appeal is stayed for thirty (30) days from the current due date, so that the parties may finalize their settlement negotiations. If a voluntary dismissal has not been filed by the deadline provided in this order, appellant shall serve the reply brief on that date.
|
|
| Docket Date |
2023-05-16
|
| 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 |
Merrick Preserve Condominium Association, Inc.
|
|
| Docket Date |
2023-04-28
|
| 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 |
Merrick Preserve Condominium Association, Inc.
|
|
| Docket Date |
2023-04-28
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order Granting EOT for Appellant's Reply Brief ~ ORDERED that appellant’s April 28, 2023 motion for extension of time is granted in part, and appellant shall serve the reply brief within fifteen (15) days from the current due date. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
|
| Docket Date |
2023-04-04
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ *AMENDED*
|
| On Behalf Of |
Merrick Preserve Condominium Association, Inc.
|
|
| Docket Date |
2023-04-04
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that appellee's appendix to the answer brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.220(c), which was amended effective October 1, 2017, in that it was not text searchable. An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2023-04-03
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Cypress Property & Casualty Insurance Company
|
|
| Docket Date |
2023-04-03
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
Cypress Property & Casualty Insurance Company
|
|
| Docket Date |
2023-04-03
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ **STRICKEN**
|
| On Behalf Of |
Cypress Property & Casualty Insurance Company
|
|
| Docket Date |
2023-01-26
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee’s January 25, 2023 motion for extension of time is granted, and appellee shall serve the answer brief on or before April 6, 2023. In addition, appellee is notified that the failure to serve the brief within the time provided herein may foreclose appellee’s right to file a brief or otherwise participate in this appeal.
|
|
| Docket Date |
2023-01-25
|
| 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 |
Cypress Property & Casualty Insurance Company
|
|
| Docket Date |
2023-01-25
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ IN OPPOSITION TO APPELLANT'S MOTION FOR ATTORNEY'S FEES AND COSTS
|
| On Behalf Of |
Cypress Property & Casualty Insurance Company
|
|
| Docket Date |
2023-01-06
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Merrick Preserve Condominium Association, Inc.
|
|
| Docket Date |
2022-12-20
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 6 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-12-06
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
Merrick Preserve Condominium Association, Inc.
|
|
| Docket Date |
2022-12-02
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant’s December 1, 2022 motion for extension of time is granted in part, and appellant shall serve the initial brief within thirty (30) days from the current due date. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2022-12-01
|
| 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 |
Merrick Preserve Condominium Association, Inc.
|
|
| Docket Date |
2022-10-25
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 12/07/2022
|
|
| Docket Date |
2022-10-25
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Merrick Preserve Condominium Association, Inc.
|
|
| Docket Date |
2022-09-23
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Merrick Preserve Condominium Association, Inc.
|
|
| Docket Date |
2022-09-23
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 11/7/2022
|
|
| Docket Date |
2022-09-15
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Merrick Preserve Condominium Association, Inc.
|
|
| Docket Date |
2022-09-07
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ FINAL JUDGMENT ENTERED ON SEPTEMBER 7, 2022
|
| On Behalf Of |
Merrick Preserve Condominium Association, Inc.
|
|
| Docket Date |
2022-08-19
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 2,636 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-08-11
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-08-08
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-To File Response ~ ORDERED that the clerk of the lower tribunal is directed to respond, within ten (10) days from the date of this order, to appellant’s August 5, 2022 status report.
|
|
| Docket Date |
2022-08-05
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Merrick Preserve Condominium Association, Inc.
|
|
| Docket Date |
2022-08-04
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order for Status Report Re: ROA ~ Upon consideration of the Notice of Non-Receipt of Transcript filed by the clerk of the lower tribunal on August 3, 2022, it is ORDERED that appellant shall file a report, within three (3) days from the date of this order, as to the status of the preparation of the transcript.
|
|
| Docket Date |
2022-08-03
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ Of Non-Receipt Of Transcript
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-07-08
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO JURISDICTION STATEMENT
|
| On Behalf Of |
Cypress Property & Casualty Insurance Company
|
|
| Docket Date |
2022-07-07
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
Merrick Preserve Condominium Association, Inc.
|
|
| Docket Date |
2022-06-16
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
| On Behalf Of |
Merrick Preserve Condominium Association, Inc.
|
|
| Docket Date |
2022-06-16
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-06-16
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Merrick Preserve Condominium Association, Inc.
|
|
| Docket Date |
2023-01-09
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ (Response filed 1/25/23)
|
| On Behalf Of |
Merrick Preserve Condominium Association, Inc.
|
|
| Docket Date |
2022-12-07
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Order Granting Motion to Supplement the Record ~ ORDERED that appellant’s December 6, 2022 motion to supplement the record is granted. The material requested in the motion shall be included in the record on appeal. The clerk of the lower tribunal shall prepare and file the supplemental material in this court within ten (10) days from the date of this order. Appellant shall monitor the supplementation process.
|
|
| Docket Date |
2022-07-25
|
| Type |
Order
|
| Subtype |
Order Relinquishing Jurisdiction
|
| Description |
Jurisdiction Relinquished ~ Upon consideration of appellant’s July 7, 2022 jurisdictional brief, it is ORDERED that jurisdiction is relinquished to the trial court for forty-five (45) days for the limited purpose of entering a final order specifically addressing the confirmation of the appraisal award, containing language which indicates that no further judicial labor is needed in the trial court. The appellant shall forward to this court a copy of any order issued during relinquishment. It is further ordered that the appellant shall monitor this proceeding in the trial court. If further time is needed beyond this relinquishment period, it shall be the duty of appellant to request an extension of time by proper motion to this court. This case shall proceed in this court upon expiration of relinquishment unless otherwise notified in writing by the parties.
|
|
| Docket Date |
2022-06-27
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
AA - File Statement for Basis of Jurisdiction ~ ORDERED that, within ten (10) days from the date of this order, appellant shall file in this court a brief statement explaining the basis for this court’s subject matter jurisdiction over the order appealed in this case, citing supporting legal authorities. Appellant shall specifically address whether the January 26, 2022 order is a final or nonfinal appealable order, as it appears the order merely denies a motion to vacate the appraisal award and grants a motion to confirm appraisal award without entering a final judgment; and whether the motion for rehearing tolled rendition of the January 26, 2022 order. See Caufield v. Cantele, 837 So. 2d 371, 375 (Fla. 2002) (“A final judgment is one which ends the litigation between the parties and disposes of all issues involved such that no further action by the court will be necessary.”); Federated Nat’l Ins. Co. v. Palenzuela, 11 So. 3d 969 (Fla. 3d DCA 2009) (dismissing appeal from an order granting motion to confirm appraisal which did not enter a final judgment); Doukas v. Doukas, 335 So. 3d 218, 219 (Fla. 1st DCA 2022) (“A motion for rehearing is not authorized as to a non-final order, so it does not toll the time for appeal.”). Further,Appellee may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2022-06-16
|
| 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.
|
|
|
|
UCMS, LLC, D/B/A UNIVERSAL CONTRACTING OF FLORIDA VS CYPRESS PROPERTY & CASUALTY INSURANCE COMPANY
|
2D2020-2181
|
2020-07-20
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Collier County
2020-CA-000721-000I-XX
|
Parties
| Name |
UCMS, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
SEAN SAVAL, ESQ.
|
|
| Name |
D/B/A UNIVERSAL CONTRACTING OF FLORIDA
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
CYPRESS PROPERTY & CASUALTY INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
ADAM M. KAY, ESQ., STEVEN G. SCHWARTZ, ESQ.
|
|
| Name |
HONORABLE ELIZABETH V. KRIER
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
COLLIER CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-08-27
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2021-08-11
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER ~ Appellant’s motion for issuance of written opinion and rehearing en banc is denied.
|
|
| Docket Date |
2021-07-13
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLEE'S RESPONSE IN OPPOSITION TO APPELLANT'S MOTION FOR WRITTEN OPINION AND FOR REHEARING EN BANC
|
| On Behalf Of |
CYPRESS PROPERTY & CASUALTY INSURANCE COMPANY
|
|
| Docket Date |
2021-06-28
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Written Opinion
|
| Description |
Motion for Written Opinion ~ APPELLANT'S MOTION FOR ISSUANCE OF WRITTEN OPINIONAND FOR REHEARING EN BANC
|
| On Behalf Of |
UCMS, LLC
|
|
| Docket Date |
2021-06-11
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2021-06-11
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Appellant's "Motion for Appellate Attorneys' Fees" is denied.
|
|
| Docket Date |
2021-06-02
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ Tampa
|
|
| Docket Date |
2021-04-13
|
| Type |
Order
|
| Subtype |
Order Re: Video Oral Argument
|
| Description |
OA Notice Video ~ This case is provisionally set for oral argument on WEDNESDAY, JUNE 02, 2021, at 9:30 A.M., before: Judge Morris Silberman, Judge Edward C. LaRose, Judge John K. Stargel. To mitigate the impact of the COVID-19 outbreak while continuing with the orderly processing of cases, the oral argument will be conducted by video conference. The court calendars can be viewed on this court’s website at www.2dca.org. Counsel or parties are requested to sign in by fifteen minutes prior to the time listed above.The panel is subject to change without notice. Should the assigned panel of judges decide that the court will not benefit from oral argument, the attorneys or parties will be notified by order no less than two weeks before the scheduled date. If this is a criminal proceeding where a victim, as defined in article I, section 16(e), Florida Constitution, has invoked their right to notice under article I, section 16(b)(6), the State is directed to provide the victim with notice of this oral argument and of any changes to the scheduled date.Please review the notice regarding oral argument in the Second District Court of Appeal. A copy has been furnished with this order and may also be found on this court’s website.Within ten days from the date of this order, any attorney or party who will be presenting argument is requested to provide the Clerk of the Court with the email address where the video invitation should be sent and a telephone number. This information may be sent by email to 2dcaClerk@flcourts.org. The Clerk of the Court will provide each participant with connection instructions, including the opportunity for a test session, before the argument.
|
|
| Docket Date |
2021-04-02
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLEE'S RESPONSE TO APPELLANT'S MOTION FOR APPELLATE ATTORNEYS' FEES
|
| On Behalf Of |
CYPRESS PROPERTY & CASUALTY INSURANCE COMPANY
|
|
| Docket Date |
2021-03-19
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
UCMS, LLC
|
|
| Docket Date |
2021-03-19
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant Reply Brief
|
| On Behalf Of |
UCMS, LLC
|
|
| Docket Date |
2021-02-16
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30 - RB DUE 3/19/21
|
| On Behalf Of |
UCMS, LLC
|
|
| Docket Date |
2021-01-26
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
CYPRESS PROPERTY & CASUALTY INSURANCE COMPANY
|
|
| Docket Date |
2021-01-18
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief
|
| On Behalf Of |
CYPRESS PROPERTY & CASUALTY INSURANCE COMPANY
|
|
| Docket Date |
2020-11-18
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ Appellee's motion for extension of time is granted, and the answer brief shall be served by January 19, 2021.
|
|
| Docket Date |
2020-11-03
|
| 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 |
CYPRESS PROPERTY & CASUALTY INSURANCE COMPANY
|
|
| Docket Date |
2020-10-21
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
UCMS, LLC
|
|
| Docket Date |
2020-09-21
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30 - IB DUE 10/22/20
|
| On Behalf Of |
UCMS, LLC
|
|
| Docket Date |
2020-08-25
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ KRIER - 148 PAGES
|
|
| Docket Date |
2020-07-20
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty
|
|
| Docket Date |
2020-07-20
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ WITH ORDER
|
| On Behalf Of |
UCMS, LLC
|
|
| Docket Date |
2020-07-20
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
| On Behalf Of |
UCMS, LLC
|
|
| Docket Date |
2020-07-20
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
|
|
MERRICK PRESERVE CONDOMINIUM ASSOCIATION, INC. VS CYPRESS PROPERTY & CASUALTY INSURANCE COMPANY
|
4D2020-1419
|
2020-06-22
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Closed
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| Classification |
NOA Non Final - Circuit Civil - Other
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| Court |
4th District Court of Appeal
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| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE19-026022
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Parties
| Name |
MERRICK PRESERVE CONDOMINIUM ASSOCIATION, INC.
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| Role |
Appellant
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| Status |
Active
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| Representations |
Evan R. Wolfe, Zorian I. Sperkacz, Alexander Brockmeyer
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| Name |
CYPRESS PROPERTY & CASUALTY INSURANCE COMPANY
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| Role |
Appellee
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| Status |
Active
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| Representations |
Steven G. Schwartz
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|
| Name |
Hon. Nicholas Lopane
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| Role |
Judge/Judicial Officer
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| Status |
Active
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| Name |
Clerk - Broward
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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Docket Entries
| Docket Date |
2021-04-16
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| Type |
Mandate
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| Subtype |
Mandate
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| Description |
Mandate
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| Docket Date |
2021-04-16
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| Type |
Misc. Events
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| Subtype |
West Publishing
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| Description |
West Publishing
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| Docket Date |
2021-03-31
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| Type |
Disposition by Opinion
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| Subtype |
Reversed
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| Description |
Reversed - Authored Opinion
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| Docket Date |
2021-03-31
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| Type |
Order
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| Subtype |
Order on Motion/Request for Oral Argument
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| Description |
Order Denying Oral Argument ~ ORDERED that appellant’s November 6, 2020 request for oral argument and appellee’s September 25, 2020 request for oral argument are denied.
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| Docket Date |
2020-12-16
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| Type |
Notice
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| Subtype |
Notice of Supplemental Authority
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| Description |
Notice of Supplemental Authority
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| On Behalf Of |
Cypress Property & Casualty Insurance Company
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| Docket Date |
2020-11-06
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| Type |
Motions Relating to Oral Argument
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| Subtype |
Motion/Request for Oral Argument
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| Description |
Request for Oral Argument
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| On Behalf Of |
Merrick Preserve Condominium Association, Inc.
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| Docket Date |
2020-11-06
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| Type |
Motions Relating to Attorney Fees/Costs
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| Subtype |
Motion For Attorney's Fees
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| Description |
Motion For Attorney's Fees
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| On Behalf Of |
Merrick Preserve Condominium Association, Inc.
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| Docket Date |
2020-11-06
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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 |
Merrick Preserve Condominium Association, Inc.
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| Docket Date |
2020-10-16
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| Type |
Order
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| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
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| Description |
Order Granting EOT for Appellant's Reply Brief ~ ORDERED that appellant's October 15, 2020 motion for extension of time is granted, and appellant shall serve the reply brief on or before November 10, 2020. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
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| Docket Date |
2020-10-15
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to Serve Reply Brief
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| Description |
Mot. for Extension of Time to File Reply Brief
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| On Behalf Of |
Merrick Preserve Condominium Association, Inc.
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| Docket Date |
2020-09-25
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| Type |
Brief
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| Subtype |
Answer Brief
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| Description |
Appellee's Answer Brief
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| On Behalf Of |
Cypress Property & Casualty Insurance Company
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| Docket Date |
2020-09-25
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| Type |
Motions Relating to Oral Argument
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| Subtype |
Motion/Request for Oral Argument
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| Description |
Request for Oral Argument
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| On Behalf Of |
Cypress Property & Casualty Insurance Company
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| Docket Date |
2020-08-13
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| Type |
Order
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| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
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| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee's August 12, 2020 motion for extension of time is granted, and appellee shall serve the answer brief on or before September 28, 2020. In addition, appellee is notified that the failure to serve the brief within the time provided herein may foreclose appellee's right to file a brief or otherwise participate in this appeal.
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| Docket Date |
2020-08-12
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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 |
Mot. for Extension of time to file Answer Brief
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| On Behalf Of |
Cypress Property & Casualty Insurance Company
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| Docket Date |
2020-07-24
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| Type |
Order
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| Subtype |
Order Striking Filing
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| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that appellant's appendix to the initial brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.220(c), which was amended effective October 1, 2017, in that it contains bookmarks which are not in compliance with Rule 9.220(c)(3). An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
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| Docket Date |
2020-07-24
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| Type |
Record
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| Subtype |
Appendix
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| Description |
Appendix to Brief
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| On Behalf Of |
Merrick Preserve Condominium Association, Inc.
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| Docket Date |
2020-07-23
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| Type |
Record
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| Subtype |
Appendix
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| Description |
Appendix to Brief ~ **STRICKEN**
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| On Behalf Of |
Merrick Preserve Condominium Association, Inc.
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| Docket Date |
2020-07-23
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| Type |
Brief
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| Subtype |
Initial Brief
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| Description |
Initial Brief on Merits
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| On Behalf Of |
Merrick Preserve Condominium Association, Inc.
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| Docket Date |
2020-07-22
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| Type |
Notice
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| Subtype |
Notice of Appearance
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| Description |
Notice of Appearance
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| On Behalf Of |
Merrick Preserve Condominium Association, Inc.
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| Docket Date |
2020-06-26
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| Type |
Order
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| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
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| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's June 25, 2020 motion for extension of time is granted, and appellant shall serve the initial brief and appendix on or before July 23, 2020. In addition, if the initial brief and appendix are not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
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| Docket Date |
2020-06-25
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to Serve Initial Brief
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| Description |
Mot. for Extension of time to file Initial Brief
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| On Behalf Of |
Merrick Preserve Condominium Association, Inc.
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| Docket Date |
2020-06-22
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, 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.
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| Docket Date |
2020-06-22
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter
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| Docket Date |
2020-06-22
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| Type |
Misc. Events
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| Subtype |
Case Filing Fee Paid through Portal
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| Description |
Case Filing Fee Paid Through Portal
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| On Behalf Of |
Merrick Preserve Condominium Association, Inc.
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| Docket Date |
2020-06-22
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| Type |
Notice
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| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal Filed
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| On Behalf Of |
Merrick Preserve Condominium Association, Inc.
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CYPRESS PROPERTY AND CASUALTY INSURANCE CO., VS ESTEBAN SALAS AND CORINA PALACIOS,
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3D2012-2764
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2012-10-23
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Closed
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| Classification |
NOA Non 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
11-27872
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Parties
| Name |
CYPRESS PROPERTY & CASUALTY INSURANCE COMPANY
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| Role |
Appellant
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| Status |
Active
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| Representations |
TREVOR G. HAWES, HALA A. SANDRIDGE
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| Name |
CORINA PALACIOS
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| Role |
Appellee
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| Status |
Active
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| Representations |
DONALD MARTIN KREKE, BENJAMIN R. ALVAREZ
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|
| Name |
ESTEBAN SALAS
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| Role |
Appellee
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| Status |
Active
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|
| Name |
Hon. Lester Langer
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| Role |
Judge/Judicial Officer
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| Status |
Active
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|
| Name |
Harvey Ruvin
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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Docket Entries
| Docket Date |
2012-11-07
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| Type |
Mandate
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| Subtype |
Disp. w/o Mandate
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| Description |
Disp w/o mandate
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| Docket Date |
2012-11-07
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| Type |
Misc. Events
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| Subtype |
West Publishing
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| Description |
West Publishing
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| Docket Date |
2012-11-07
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| Type |
Disposition by Opinion
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| Subtype |
Dismissed
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| Description |
Dismissed - Order by Clerk
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| Docket Date |
2012-11-07
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| Type |
Disposition by Order
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| Subtype |
Dismissed
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| Description |
Stipulation of Dismissal (DA11J)
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| Docket Date |
2012-11-06
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| Type |
Motion
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| Subtype |
Stipulation
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| Description |
Stipulation ~ for dismissal AA Hala A. Sandridge 454362
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| Docket Date |
2012-10-23
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| Type |
Notice
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| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal Filed
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| On Behalf Of |
Cypress Property & Casualty Insurance Company
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| Docket Date |
2012-10-23
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| Type |
Misc. Events
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| Subtype |
Fee Status
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| Description |
A3:Paid In Full - $300
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