| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE 17-005495
Circuit Court for the Seventeenth Judicial Circuit, Broward County
COCE 14-011956
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE 15-009702
|
Parties
| Name |
ROBERT L. WALKER, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
TRAVELERS INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Jason Phillips
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
FLORIDA DEPARTMENT OF HEALTH
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
J. BRIAN PHILLIPS P.A. ATTORNEY AT LAW
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Department of Financial Services
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Jorge A. Calil
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
LAW OFFICE OF MARIA D. SANCHEZ
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HELMSMAN MANAGEMENT SERVICES, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CALIL LAW, P.A.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
UNITED STATES SOCIAL SECURITY ADMINISTRATION
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
LIBERTY MUTUAL GROUP INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SOCIAL SECURITY ADMINISTRATION
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
KONE INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Jesse R. Butler, William G.K. Smoak, Gary Guzzi, Anthony James Rolfes, Justin Canner Sorel, Matthew David Kobren, Shane Weaver, Mitchell Harris Katler
|
|
| Name |
LIBERTY MUTUAL INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CENTRAL STATES SOUTHEAST AND SOUTHWEST AREAS HEALTH AND WELFARE FUND
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
TEAMSTERS LOCAL UNION 769 HOLDING CORP., INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
UNITED PARCEL SERVICE, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
FLORIDA SUPREME COURT CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2019-12-09
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ THEIR NOTICE OF APPEAL AS TO THE REMOVAL OF ACTION UNDER 28 U.S.C. § 1440(b) DIVERSITY and7 U.S.C. § 2111 AS TO THE COURT ORDERS DATEDNOVEMBER 22, 2019 AND APRIL 2, 2019
|
| On Behalf Of |
ROBERT L. WALKER
|
|
| Docket Date |
2019-11-22
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Miscellaneous
|
| Description |
Supreme Court Disposition ~ SC19-501 PETITION DENIED
|
|
| Docket Date |
2019-06-21
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED that this court lacks jurisdiction to rule on the appellant’s May 16, 2019 motion to reinstate and June 6, 2019 request for judicial notice filed in this case. Maseda v. Honda Motor Co., Ltd., 861 F.2d 1248, 1254 (11th Cir. 1988) ("after removal, the jurisdiction of the state court absolutely ceases and the state court has a duty not to proceed any further in the case." (citing National S.S. Co. v. Tugman, 106 U.S. 118, 122, 1 S. Ct. 58, 60, 27 L.Ed. 87 (1882)); see also 28 U.S.C.A. § 1446(d) ("the State court shall proceed no further unless and until the case is remanded.").
|
|
| Docket Date |
2019-06-06
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
ROBERT L. WALKER
|
|
| Docket Date |
2019-06-06
|
| Type |
Motions Other
|
| Subtype |
Motion/Request for Judicial Notice
|
| Description |
(*DNU*) Request for Judicial Notice ~ OR IN THE ALTERNATIVE RENEWED MOTION TO REINSTATE
|
| On Behalf Of |
ROBERT L. WALKER
|
|
| Docket Date |
2019-05-20
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
ROBERT L. WALKER
|
|
| Docket Date |
2019-05-16
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO MOTION FOR REINSTATEMENT
|
| On Behalf Of |
ROBERT L. WALKER
|
|
| Docket Date |
2019-05-16
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Reinstatement
|
| Description |
Motion For Reinstatement
|
| On Behalf Of |
ROBERT L. WALKER
|
|
| Docket Date |
2019-04-03
|
| Type |
Supreme Court
|
| Subtype |
Notice to Invok. Disc. Jur. FSC
|
| Description |
Notice of Discretionary Jurisdiction to Supreme Court ~ AMENDED.
|
| On Behalf Of |
ROBERT L. WALKER
|
|
| Docket Date |
2019-04-02
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2019-04-02
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissed for Lack of Jurisdiction ~ On February 25, 2019, this court issued an order to show cause as to why this case should not be dismissed for lack of subject matter jurisdiction, as the underlying case was removed to federal court. Appellant did not respond. It is ORDERED sua sponte that this appeal is dismissed for lack of jurisdiction as the underlying case, CACE17-005495, was removed to federal court on May 22, 2018, and there is no order of remand such that the state court could reassume jurisdiction. City of Delray Beach v. Dharma Props., Inc., 809 So. 2d 35 (Fla. 4th DCA 2002) (finding that, absent an order of remand, the state court could not reassume jurisdiction of a case which was removed to federal court and subsequently dismissed). Further, ORDERED that this court also lacks jurisdiction to rule on all pending motions filed in this case. Maseda v. Honda Motor Co., Ltd., 861 F.2d 1248, 1254 (11th Cir. 1988) ("after removal, the jurisdiction of the state court absolutely ceases and the state court has a duty not to proceed any further in the case." (citing Steamship Co. v. Tugman, 106 U.S. 118, 122, 1 S. Ct. 58, 60, 27 L.Ed. 87 (1882)); see also 28 U.S.C.A. § 1446(d) ("the State court shall proceed no further unless and until the case is remanded."). WARNER, GROSS and FORST, JJ., concur.
|
|
| Docket Date |
2019-04-02
|
| Type |
Supreme Court
|
| Subtype |
Acknowledged Receipt from Supreme Court
|
| Description |
Ack. Receipt from Supreme Court ~ SC19-501
|
|
| Docket Date |
2019-03-25
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice sent to the Supreme Court
|
|
| Docket Date |
2019-03-25
|
| Type |
Supreme Court
|
| Subtype |
Notice to Invok. Disc. Jur. FSC
|
| Description |
Notice of Discretionary Jurisdiction to Supreme Court
|
| On Behalf Of |
ROBERT L. WALKER
|
|
| Docket Date |
2019-03-12
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ (93 PAGES)
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2019-03-06
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order for Status Report Re: ROA ~ Upon consideration of the Affidavit of Non-Payment of Appeal Invoice filed by the clerk of the lower tribunal on February 25, 2019, appellant is ordered to file a report within ten (10) days from the date of this order, as to the status of the payment for the record on appeal.
|
|
| Docket Date |
2019-02-25
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit ~ OF NON-PAYMENT OF APPEAL INVOICE
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2019-02-25
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
Order to Show Cause ~ 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 the above-styled case should not be dismissed for lack of subject matter jurisdiction as the underlying case, number CACE17-005495, was removed to federal court on May 22, 2018. Maseda v. Honda Motor Co., Ltd., 861 F.2d 1248, 1254 (11th Cir. 1988) ("after removal, the jurisdiction of the state court absolutely ceases and the state court has a duty not to proceed any further in the case." (citing Steamship Co. v. Tugman, 106 U.S. 118, 122, 1 S. Ct. 58, 60, 27 L.Ed. 87 (1882))); see also 28 U.S.C.A. § 1446(d) ("the State court shall proceed no further unless and until the case is remanded.").
|
|
| Docket Date |
2019-02-21
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss ~ FOR LACK OF JURISDICTION AND AS FRIVOLOUS
|
| On Behalf Of |
Kone, Inc.
|
|
| Docket Date |
2019-01-29
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
ROBERT L. WALKER
|
|
| Docket Date |
2019-01-29
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
ROBERT L. WALKER
|
|
| Docket Date |
2019-01-23
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate ~ FILED IN 18-3475
|
| On Behalf Of |
ROBERT L. WALKER
|
|
| Docket Date |
2019-01-18
|
| Type |
Order
|
| Subtype |
Show Cause re Compliance with Prior Order
|
| Description |
Order to Show Cause-Appeal Dismissal ~ 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 the above-styled case should not be dismissed or other sanctions imposed for failure to comply with this court's December 27, 2018 order requiring a conformed copy of the order being appealed to be filed with this court. If the order is filed within this ten (10) day period, this order to show cause will be considered automatically discharged without further order.
|
|
| Docket Date |
2019-01-14
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO MOTION FOR JURISDICTION AND MOTION THE COURT TO NOT RELINQUISH JURISDICTION.
|
| On Behalf Of |
ROBERT L. WALKER
|
|
| Docket Date |
2019-01-14
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ MOTION FOR JURISDICTION AND MOTION THE COURT TO NOT RELINQUISH JURISDICTION.
|
| On Behalf Of |
ROBERT L. WALKER
|
|
| Docket Date |
2019-01-11
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO RESPONSE.
|
| On Behalf Of |
ROBERT L. WALKER
|
|
| Docket Date |
2019-01-11
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO 12/27/18 ORDER.
|
| On Behalf Of |
ROBERT L. WALKER
|
|
| Docket Date |
2019-01-10
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO MOTION FORCLARIFICATION AND MOTION TO TOLL TIME FOR FILING INITIAL
|
| On Behalf Of |
ROBERT L. WALKER
|
|
| Docket Date |
2019-01-10
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Clarification
|
| Description |
Motion for Clarification ~ AND MOTION TO TOLL TIME FOR FILING INITIAL BRIEFING, ETC.
|
| On Behalf Of |
ROBERT L. WALKER
|
|
| Docket Date |
2019-01-08
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
ROBERT L. WALKER
|
|
| Docket Date |
2018-12-27
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| Description |
Appellant to File Order Appealed-Civil ~ ORDERED that appellant is directed to file, within fifteen (15) days from the date of this order, a conformed copy of the order being appealed. See Florida Rule of Appellate Procedure 9.110(d). This copy must contain a legible stamp from the clerk of the lower tribunal, showing the date and time the order being appealed was filed in that office.
|
|
| Docket Date |
2018-12-27
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2018-12-26
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal
|
| On Behalf Of |
ROBERT L. WALKER
|
|
| Docket Date |
2018-12-26
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE15009702 (AW)
|
Parties
| Name |
ROBERT L. WALKER, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Inger M. Garcia, Jason Phillips
|
|
| Name |
LIBERTY MUTUAL INSURANCE, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
UNITED PARCEL SERVICE, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
William G.K. Smoak, PAUL U. CHRISTOLINI, Steven R. DiOssi
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2016-09-15
|
| Type |
Disposition
|
| Subtype |
Denied
|
| Description |
Denied - Order by Judge
|
|
| Docket Date |
2016-09-15
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
Order Denying Petition for Writ - Certiorari ~ ORDERED that the July 8, 2016 petition for writ of certiorari is denied.WARNER, LEVINE and FORST, JJ., concur.
|
|
| Docket Date |
2016-07-08
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
| On Behalf Of |
ROBERT L. WALKER
|
|
| Docket Date |
2016-07-08
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed
|
| On Behalf Of |
ROBERT L. WALKER
|
|
| Docket Date |
2016-06-28
|
| Type |
Order
|
| Subtype |
Order on Motion for Reinstatement
|
| Description |
ORD-Reinstatement ~ ORDERED that the petitioner's June 23, 2016 motion for reinstatement is granted, and the above-styled appeal is reinstated.
|
|
| Docket Date |
2016-06-23
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Reinstatement
|
| Description |
Motion For Reinstatement
|
| On Behalf Of |
ROBERT L. WALKER
|
|
| Docket Date |
2016-06-16
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2016-06-16
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismiss-No Filing Fee ~ ORDERED sua sponte that the above-styled appeal is dismissed for nonpayment of the $300.00 filing fee.
|
|
| Docket Date |
2016-06-07
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF NON-APPEARANCE OF COUNSEL
|
| On Behalf Of |
ROBERT L. WALKER
|
|
| Docket Date |
2016-05-27
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of this order. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2016-05-27
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Writ of Certiorari / Acknowledgment letter
|
|
| Docket Date |
2016-05-26
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Filed ~ CHANGED FROM NOA TO PETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
ROBERT L. WALKER
|
|
| Docket Date |
2016-05-26
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2016-05-26
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
|
|
