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FLORIDA INSURANCE GUARANTY ASSOCIATION, et al., Appellant(s) v. BRUCE AVITABILE, Appellee(s).
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4D2024-2853
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2024-11-05
|
Open
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County
2020CA001168
|
Parties
| Name |
Florida Insurance Guaranty Association
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Dorothy Venable DiFiore, Ruthamar Hyppolite
|
|
| Name |
UNITED PROPERTY & CASUALTY INSURANCE COMPANY
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Bruce Avitabile
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
James Streeter Jenkins, III, Sunni Marie DeGracia
|
|
| Name |
Hon. Brett Michael Waronicki
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
St. Lucie Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-11-18
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Bruce Avitabile
|
|
| Docket Date |
2024-11-18
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Pay Case Filing Fee-300
|
| On Behalf Of |
Florida Insurance Guaranty Association
|
| View |
View File
|
|
| Docket Date |
2024-11-07
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-11-07
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
|
| Docket Date |
2024-11-25
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal -- 521 pages
|
| On Behalf Of |
St. Lucie Clerk
|
|
|
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LAUREN ALIOA, Appellant(s) v. UNITED PROPERTY & CASUALTY INSURANCE COMPANY, Appellee(s).
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6D2024-2210
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2024-10-17
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Open
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
6th District Court of Appeal
|
| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Lee County
21-CA-004056
|
Parties
| Name |
LAUREN ALIOA
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Karina Rios
|
|
| Name |
UNITED PROPERTY & CASUALTY INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Taylor Leigh Montanari, Daniel Stuart Weinger
|
|
| Name |
Hon. Joseph Cardwell Fuller, Jr.
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Lee Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-11-18
|
| Type |
Event
|
| Subtype |
Fee Satisfied
|
| Description |
Fee Satisfied
|
|
| Docket Date |
2024-11-18
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Pay Case Filing Fee-300
|
| On Behalf Of |
LAUREN ALIOA
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| View |
View File
|
|
| Docket Date |
2024-11-08
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| Type |
Order
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| Subtype |
Order on Filing Fee
|
| Description |
Within ten days of this order, Appellant shall forward the required $300.00 filing fee or, if applicable, an order or certificate of indigency from the lower tribunal, as previously ordered by this Court. Failure to comply with this order will result in the dismissal of this case without further notice.
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| View |
View File
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|
| Docket Date |
2024-10-17
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| Type |
Notice
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| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal WITH ORDER
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| On Behalf Of |
UNITED PROPERTY & CASUALTY INSURANCE COMPANY
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| View |
View File
|
|
| Docket Date |
2024-10-17
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-12-09
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| Type |
Order
|
| Subtype |
Mediation Order to Counsel
|
| Description |
The Court hereby appoints Christy Brigman, mediator number 40437 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 November 22, 2024.
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| View |
View File
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| Docket Date |
2024-12-06
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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 |
LAUREN ALIOA
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| View |
View File
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|
| Docket Date |
2024-12-06
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| Type |
Order
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| Subtype |
Mediation Order to Counsel
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| Description |
Pursuant to this court's order issued November 22, 2024, Appellant was required to file a Response to Order of Referral to Mediation within 10 days of the date of that Order. At this time, Appellant's response has not yet been received. Within 5 days from the date of this order, upload the required response via the Statewide Florida Courts E-Filing Portal so that this case may timely proceed. Failure to timely comply may result in the imposition of sanctions.
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| View |
View File
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| Docket Date |
2024-11-22
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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 |
2024-11-18
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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 |
2024-10-17
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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 the filing fee required under section 35.22(2)(a), Florida Statutes. Within twenty-one days of this order, Appellant shall forward the required $300.00 filing fee or, if applicable, an order or certificate from the lower tribunal finding Appellant indigent. Failure to comply with this order will result in the dismissal of this case.
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| View |
View File
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RAMON ARAGON and LEVIA ARAGON, Appellant(s) v. UNITED PROPERTY & CASUALTY INSURANCE COMPANY, Appellee(s).
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4D2023-1284
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2023-05-25
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Closed
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| Classification |
NOA Final - Circuit Civil - Other
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| Court |
4th District Court of Appeal
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| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502019CA006720
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Parties
| Name |
Levia Aragon
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| Role |
Appellant
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| Status |
Active
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|
| Name |
Ramon Aragon
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| Role |
Appellant
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| Status |
Active
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| Representations |
Mordechai L Breier, Michael Yaakov Katz, Oren David Reich
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|
| Name |
UNITED PROPERTY & CASUALTY INSURANCE COMPANY
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| Role |
Appellee
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| Status |
Active
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| Representations |
Kansas R Gooden, Jake David Huxtable, Emma Sara Meyerson
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|
| Name |
Florida Insurance Guaranty Association, Inc.
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| Role |
Appellee
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| Status |
Active
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|
| Name |
Hon. Maxine Cheesman
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| Role |
Judge/Judicial Officer
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| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-09-28
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| Type |
Disposition by Order
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| Subtype |
Dismissed
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| Description |
Dismissed
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| View |
View File
|
|
| Docket Date |
2023-08-31
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| Type |
Order
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| Subtype |
Order to Show Cause
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| Description |
Order to Show Cause ~ Upon consideration of Florida Insurance Guaranty Association's August 15, 2023 response, it is ORDERED that this court reserves its determinations of the July 31, 2023 motion to relinquish jurisdiction and the August 2, 2023 motion to stay/correct case style. Further,ORDERED that appellants are directed to show cause within fifteen (15) days from the date of this order why the appeal should not be dismissed, as it appears this appeal commenced on May 25, 2023, during the six-month automatic stay which proceeded as of February 27, 2023. See § 631.041(a)(1), Fla. Stat. (providing that the 6-month automatic stay "shall prohibit [t]he commencement or continuation of judicial, administrative, or other action or proceeding against the insurer or against its assets or any part thereof[.]").
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| Docket Date |
2023-08-15
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| Type |
Response
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| Subtype |
Response
|
| Description |
Response ~ TO MOTION TO RELINQUISH
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| On Behalf Of |
United Property & Casualty Insurance Company
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|
| Docket Date |
2023-08-02
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| Type |
Motions Other
|
| Subtype |
Motion To Stay
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| Description |
Motion To Stay
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| On Behalf Of |
United Property & Casualty Insurance Company
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|
| Docket Date |
2023-07-31
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| Type |
Motions Other
|
| Subtype |
Motion To Relinquish Jurisdiction
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| Description |
Motion To Relinquish Jurisdiction
|
| On Behalf Of |
Ramon Aragon
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|
| Docket Date |
2023-07-26
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| Type |
Notice
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| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
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| On Behalf Of |
United Property & Casualty Insurance Company
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|
| Docket Date |
2023-07-18
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| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 5,399 PAGES
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| On Behalf Of |
Clerk - Palm Beach
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|
| Docket Date |
2023-07-18
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2023-05-30
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Ramon Aragon
|
|
| Docket Date |
2023-05-26
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2023-05-25
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Ramon Aragon
|
|
| Docket Date |
2023-05-25
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2023-05-26
|
| 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.
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CHUN-JUNG HUANG, Appellant(s) v. UNITED PROPERTY & CASUALTY INSURANCE COMPANY, Appellee(s).
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4D2023-0212
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2023-01-20
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Closed
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|
| Classification |
NOA Final - Circuit Civil - Other
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| Court |
4th District Court of Appeal
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| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
2020-CA-006992
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Parties
| Name |
Chun-Jung Huang
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Chad Andrew Barr
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|
| Name |
UNITED PROPERTY & CASUALTY INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Lilian Rodriguez-Baz
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|
| Name |
Hon. Scott Ryan Kerner
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| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-10-30
|
| Type |
Order
|
| Subtype |
Amended/Corrected Order
|
| Description |
ORDERED that this court's October 26, 2023 order is amended as follows: ORDERED that Appellee is directed to show cause in writing, if any there be, within ten (10) days from the date of this order, why sanctions should not be imposed for failure to comply with this court's October 9, 2023 order requiring a status report to be filed with this court. If the status report is filed within this ten (10) day period, this order to show cause will be considered automatically discharged without further order.
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| View |
View File
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| Docket Date |
2023-01-20
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| 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.
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| Docket Date |
2023-11-02
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| Type |
Disposition by Order
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| Subtype |
Dismissed
|
| Description |
Dismissed
|
|
| Docket Date |
2023-11-02
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Pursuant to the November 1, 2023 notice of voluntary dismissal, this appeal is dismissed.
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| View |
View File
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| Docket Date |
2023-11-01
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| Type |
Motions Other
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| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Motion/Notice Voluntary Dismissal
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|
| Docket Date |
2023-10-31
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| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
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| Description |
ORDERED that Bressler, Amery & Ross, P.C.'s motion for leave to withdraw as counsel for Appellee, contained in the October 30, 2023 status report, is granted. A corporation may not appear unrepresented by counsel in a Florida court. See Parrot Cove Marina, LLC v. Duncan Seawall Dock & Boatlift, Inc., 978 So. 2d 811, 813 (Fla. 2d DCA 2008); Szteinbaum v. Kaes Inversiones y Valores, C.A., 476 So. 2d 247 (Fla. 3d DCA 1985); Telepower Commc'ns, Inc. v. LTI Vehicle Leasing Corp., 658 So. 2d 1026 (Fla. 4th DCA 1995). Further, ORDERED that Appellant's counsel shall serve a copy of this order on the Florida Insurance Guaranty Corporation ("FIGA"), and counsel for FIGA shall file a notice of appearance within thirty (30) days from the date of this order.
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| View |
View File
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| Docket Date |
2023-10-30
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| Type |
Misc. Events
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| Subtype |
Status Report
|
| Description |
Status Report
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| On Behalf Of |
United Property & Casualty Insurance Company
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|
| Docket Date |
2023-10-26
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| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
ORDERED that Appellant is directed to show cause in writing, if any there be, within ten (10) days from the date of this order, why sanctions should not be imposed for failure to comply with this court's October 9, 2023 order requiring a status report to be filed with this court. If the status report is filed within this ten (10) day period, this order to show cause will be considered automatically discharged without further order.
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| View |
View File
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| Docket Date |
2023-10-09
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| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
ORDERED that Appellee is directed to file a status report, within ten (10) days from the date of this order, regarding the stay of the above-styled appeal.
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| View |
View File
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| Docket Date |
2023-05-15
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| Type |
Notice
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| Subtype |
Notice of Designation of E-mail Address
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| Description |
Notice of Primary E-Mail Address
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| On Behalf Of |
United Property & Casualty Insurance Company
|
|
| Docket Date |
2023-04-11
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| 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 April 3, 2023 motion for extension of time is granted, and appellant shall serve the initial brief within sixty (60) days from the current due date. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
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| Docket Date |
2023-04-04
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| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF AUTOMATIC STAY PURSUANT TO FLA. STAT. § 631.041
|
| On Behalf Of |
United Property & Casualty Insurance Company
|
|
| Docket Date |
2023-04-03
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
Chun-Jung Huang
|
|
| Docket Date |
2023-03-06
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 923 PAGES
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2023-01-25
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
United Property & Casualty Insurance Company
|
|
| Docket Date |
2023-01-20
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Chun-Jung Huang
|
|
| Docket Date |
2023-01-20
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
| On Behalf Of |
Chun-Jung Huang
|
|
| Docket Date |
2023-01-20
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
|
|
ANGEL A. RODRIGUEZ AND ALINA RODRIGUEZ VS UNITED PROPERTY & CASUALTY INSURANCE COMPANY
|
2D2022-4039
|
2022-12-12
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Collier County
2021-CA-001139
|
Parties
| Name |
ALINA RODRIGUEZ
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
ANGEL A. RODRIGUEZ
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
MEREDITH A. TRUEN, ESQ.
|
|
| Name |
UNITED PROPERTY & CASUALTY INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
ALAELDEAN ELMUNAIER, ESQ., PATRICK M. CHIDNESE, ESQ.
|
|
| Name |
HON. HUGH D. HAYES
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
COLLIER CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-12-30
|
| Type |
Disposition
|
| Subtype |
Transferred
|
| Description |
Transferred - Order by Judge ~ TRANSFERRED TO THE 6TH DCA
|
|
| Docket Date |
2022-12-16
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ NOTICE OF APPEARANCE AND DESIGNATION OF EMAIL ADDRESS
|
| On Behalf Of |
UNITED PROPERTY & CASUALTY INSURANCE COMPANY
|
|
| Docket Date |
2022-12-13
|
| 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 |
2022-12-30
|
| Type |
Disposition by Order
|
| Subtype |
Transferred
|
| Description |
Transfer to Sixth DCA
|
|
| Docket Date |
2022-12-15
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid through Portal
|
|
| Docket Date |
2022-12-13
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2022-12-12
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ W/ORDER
|
| On Behalf Of |
ANGEL A. RODRIGUEZ
|
|
| Docket Date |
2022-12-12
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
