|
RONALD BOCINSKY JR., ETC. VS FEDERATED NATIONAL INSURANCE COMPANY
|
SC2022-0371
|
2022-03-21
|
Closed
|
|
| Classification |
Discretionary Review - Notice to Invoke - Direct Conflict of Decisions
|
| Court |
Supreme Court of Florida
|
| Originating Court |
Circuit Court for the Eighteenth Judicial Circuit, Brevard County
5D20-1210
Circuit Court for the Eighteenth Judicial Circuit, Brevard County
052017CA025961XXXXXX
|
Parties
| Name |
Ronald Bocinsky Jr.
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Matthew G. Struble
|
|
| Name |
The Estate of Virginia Marie Bocinsky
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
FEDERATED NATIONAL INSURANCE COMPANY
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Caryn L. Bellus
|
|
| Name |
Hon. George Britton Turner, III
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Hon. Rachel M. Sadoff
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Hon. Sandra B. Williams
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-07-11
|
| Type |
Disposition
|
| Subtype |
Rev DY Lack Juris
|
| Description |
DISP-REV DY LACK JURIS ~ This cause having heretofore been submitted to the Court on jurisdictional briefs and portions of the record deemed necessary to reflect jurisdiction under Article V, Section 3(b), Florida Constitution, and the Court having determined that it should decline to accept jurisdiction, it is ordered that the petition for review is denied.No motion for rehearing will be entertained by the Court. See Fla. R. App. P. 9.330(d)(2).
|
| View |
View File
|
|
| Docket Date |
2022-04-28
|
| Type |
Brief
|
| Subtype |
Juris Answer
|
| Description |
JURIS ANSWER BRIEF ~ Brief on Jurisdiction of Respondent, Federated National Insurance Company
|
| On Behalf Of |
Federated National Insurance Company
|
| View |
View File
|
|
| Docket Date |
2022-03-30
|
| Type |
Brief
|
| Subtype |
Appendix-Juris
|
| Description |
APPENDIX-JURIS BRIEF ~ Petitioner's Appendix
|
| On Behalf Of |
Ronald Bocinsky Jr.
|
| View |
View File
|
|
| Docket Date |
2022-03-23
|
| Type |
Event
|
| Subtype |
Fee Paid Through Portal
|
| Description |
Fee Paid Through Portal
|
|
| Docket Date |
2022-03-23
|
| Type |
Letter-Case
|
| Subtype |
Acknowledgment Letter-New Case-Pay Fee
|
| Description |
ACKNOWLEDGMENT LETTER-NEW CASE-PAY FEE
|
| View |
View File
|
|
| Docket Date |
2022-03-23
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
PAY CASE FILING FEE-300
|
| On Behalf Of |
Ronald Bocinsky Jr.
|
| View |
View File
|
|
| Docket Date |
2022-03-21
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-03-21
|
| Type |
Notice
|
| Subtype |
Invoke Discretionary Jurisdiction
|
| Description |
NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT)
|
| On Behalf Of |
Ronald Bocinsky Jr.
|
| View |
View File
|
|
|
|
Restoration Construction, LLC, Appellant(s) v. Federated National Insurance Company, Florida Insurance Guaranty Association, Inc., Appellee(s).
|
4D2022-0591
|
2022-02-28
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502018CA002804
|
Parties
| Name |
RESTORATION CONSTRUCTION LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Donald Peterson, Yasser Lakhlifi
|
|
| Name |
FEDERATED NATIONAL INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Bruce Michael Trybus, Dorothy Venable DiFiore, Kelly Ann Lenahan, Kirsten Hope Matthis, Warren Kwavnick
|
|
| Name |
Florida Insurance Guaranty Association, Inc.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Samantha Schosberg Feuer
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Palm Beach Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-12-12
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Pursuant to the notice of voluntary dismissal filed herein, this appeal is dismissed.
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| View |
View File
|
|
| Docket Date |
2023-12-11
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Motion/Notice Voluntary Dismissal
|
|
| Docket Date |
2023-12-08
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORDERED, upon consideration of the June 14, 2023 mediator's report, appellant shall file a notice of voluntary dismissal or explain why this case should proceed within five (5) days from the date of this order.
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| View |
View File
|
|
| Docket Date |
2023-06-15
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion ~ ORDERED that this court's May 18, 2023 order to show cause is discharged. Further, Upon consideration of Federated National Insurance Co.'s November 9, 2022 response and Florida Insurance Guaranty Association's May 26, 2023 response, it is ORDERED that appellant’s October 4, 2022 Motion To Recognize The Florida Insurance Guaranty Association As Appellee And For Clarification Of Briefing Schedule is granted. Florida Insurance Guaranty Association is substituted as the appellee of this appeal. Florida Insurance Guaranty Association shall file the answer brief within sixty (60) days from the date of this order. The reply brief shall be filed in compliance with Florida Rule of Appellate Procedure 9.210. Further, Upon consideration of Florida Insurance Guaranty Association's May 26, 2023response, it isORDERED that appellant's April 25, 2023 Motion To Proceed Upon Appellant’s Initial Brief is denied.
|
|
| Docket Date |
2023-06-14
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ REPORT OF MEDIATOR
|
|
| Docket Date |
2023-06-07
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF MEDIATION CONFERENCE
|
|
| Docket Date |
2023-05-26
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION TO RECOGNIZE FIGA AS APPELLEE AND FOR CLARIFICATION OF BRIEFING SCHEDULE
|
| On Behalf Of |
Federated National Insurance Company
|
|
| Docket Date |
2023-05-22
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Federated National Insurance Company
|
|
| Docket Date |
2023-05-18
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
Order to Show Cause ~ ORDERED that Florida Insurance Guaranty Association is hereby commanded to file with this Court and show cause, if any there be, within ten (10) days, why sanctions should not be imposed for failure to respond to this court’s April 6, 2023 order.
|
|
| Docket Date |
2023-04-25
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion
|
| On Behalf Of |
Restoration Construction, LLC
|
|
| Docket Date |
2023-04-06
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-To File Response ~ ORDERED that Florida Insurance Guaranty Association is directed to respond, within ten (10) days from the date of this order, to appellant’s October 4, 2022 motion to recognize the Florida Insurance Guaranty Association as appellee and for clarification of briefing schedule.
|
|
| Docket Date |
2023-03-20
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Restoration Construction, LLC
|
|
| Docket Date |
2023-03-10
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order to File Status Report ~ ORDERED that appellant is directed to file a status report, within ten (10) days from the date of this order, regarding the stay.
|
|
| Docket Date |
2022-11-09
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ RESPONSE TO APPELLANT'S MOTION TORECOGNIZE THE FLORIDA INSURANCE GUARANTYASSOCIATION AS APPELLEE AND FOR CLARIFICATION OFBRIEFING SCHEDULE
|
| On Behalf Of |
Federated National Insurance Company
|
|
| Docket Date |
2022-10-26
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellee to File Response ~ ORDERED that appellee is directed to respond, within fifteen (15) days from the date of this order, to appellant’s October 4, 2022 motion to recognize the Florida Insurance Guaranty Association as appellee and for clarification of briefing schedule.
|
|
| Docket Date |
2022-10-04
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ TO RECOGNIZE THE FLORIDA INSURANCE GUARANTY ASSOCIATION AS APPELLEE AND FOR CLARIFICATION OF BRIEFING SCHEDULE
|
| On Behalf Of |
Restoration Construction, LLC
|
|
| Docket Date |
2022-10-04
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Grant Stay ~ ORDERED that appellant’s September 28, 2022 notice is treated as a motion to stay and is granted. This appeal is stayed for six (6) months from the date of this order. Appellant shall file a status report prior to the expiration of the stay.
|
|
| Docket Date |
2022-10-04
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Restoration Construction, LLC
|
|
| Docket Date |
2022-09-28
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ ***TREATED AS A MOTION TO STAY.***
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| On Behalf Of |
Federated National Insurance Company
|
|
| Docket Date |
2022-08-31
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
Federated National Insurance Company
|
|
| Docket Date |
2022-08-31
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAY TO 9/30/22
|
|
| Docket Date |
2022-08-01
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
Federated National Insurance Company
|
|
| Docket Date |
2022-08-01
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 8/31/22
|
|
| Docket Date |
2022-07-01
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
Federated National Insurance Company
|
|
| Docket Date |
2022-07-01
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 08/01/2022
|
|
| Docket Date |
2022-06-13
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Federated National Insurance Company
|
|
| Docket Date |
2022-06-13
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR ATTORNEY'S FEES
|
| On Behalf Of |
Federated National Insurance Company
|
|
| Docket Date |
2022-06-02
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken as Unauthorized ~ ORDERED sua sponte that appellant’s June 1, 2022 notice of unavailability is stricken as unauthorized.
|
|
| Docket Date |
2022-06-01
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Restoration Construction, LLC
|
|
| Docket Date |
2022-06-01
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF SUBSTITUTION OF COUNSEL WITHIN SAME OFFICE
|
| On Behalf Of |
Restoration Construction, LLC
|
|
| Docket Date |
2022-06-01
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Restoration Construction, LLC
|
|
| Docket Date |
2022-05-12
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 293 PAGES
|
| On Behalf Of |
Palm Beach Clerk
|
|
| Docket Date |
2022-05-11
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Order Granting Motion to Supplement the Record ~ ORDERED that appellant's May 10, 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 |
2022-05-10
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
Restoration Construction, LLC
|
|
| Docket Date |
2022-04-25
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 45 DAYS TO 6/20/22
|
|
| Docket Date |
2022-04-25
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Restoration Construction, LLC
|
|
| Docket Date |
2022-04-14
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 2031 PAGES
|
| On Behalf Of |
Palm Beach Clerk
|
|
| Docket Date |
2022-03-03
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Restoration Construction, LLC
|
|
| Docket Date |
2022-03-01
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a lower tribunal clerk's determination of indigent status is filed.
|
|
| Docket Date |
2022-03-01
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-02-28
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-02-28
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Restoration Construction, LLC
|
|
|
|
ELR RESTORATION INC. A/A/O ELIA CHALCO VS FEDERATED NATIONAL INSURANCE COMPANY
|
5D2022-0032
|
2022-01-04
|
Closed
|
|
| Classification |
NOA Final - County Small Claims - Other
|
| Court |
5th District Court of Appeal
|
| Originating Court |
County Court for the Seventh Judicial Circuit, Volusia County
2020-17351-CODL
|
Parties
| Name |
Elia Chalco
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
ELR RESTORATION, INC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Earl I. Higgs, Jr.
|
|
| Name |
FEDERATED NATIONAL INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Lara Elyssa Breslow
|
|
| Name |
Hon. Arthur Christian Miller
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Volusia Cty Circuit Crt Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-01-18
|
| Type |
Mediation
|
| Subtype |
Mediation Questionnaire
|
| Description |
Mediation Questionnaire ~ AE Lara Elyssa Breslow 0127170
|
| On Behalf Of |
Federated National Insurance Company
|
|
| Docket Date |
2022-01-14
|
| Type |
Mediation
|
| Subtype |
Mediation Questionnaire
|
| Description |
Mediation Questionnaire ~ AA Earl I. Higgs, Jr. 0256160
|
| On Behalf Of |
ELR Restoration Inc.
|
|
| Docket Date |
2022-01-07
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
CASE FILING FEE PAID THROUGH PORTAL
|
|
| Docket Date |
2022-01-04
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee - Civil appeal (300)
|
|
| Docket Date |
2022-01-04
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgement Letter 1
|
|
| Docket Date |
2022-01-04
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ FILED BELOW 12/31/21
|
| On Behalf Of |
ELR Restoration Inc.
|
|
| Docket Date |
2022-01-04
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-06-06
|
| Type |
Record
|
| Subtype |
Returned Records
|
| Description |
Returned Records ~ NO RECORD E-FILED
|
|
| Docket Date |
2022-06-06
|
| Type |
Mandate
|
| Subtype |
Notice Memorandum
|
| Description |
Notice Memorandum
|
|
| Docket Date |
2022-05-13
|
| Type |
Order
|
| Subtype |
Order on Motion/Notice Voluntary Dismissal (non-dispositive)
|
| Description |
Order Granting Voluntary Dismissal
|
|
| Docket Date |
2022-05-13
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2022-05-12
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
ELR Restoration Inc.
|
|
| Docket Date |
2022-05-02
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ AA W/IN 10 DYS
|
|
| Docket Date |
2022-04-13
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Grant EOT for Initial Brief ~ IB BY 4/29
|
|
| Docket Date |
2022-03-31
|
| Type |
Order
|
| Subtype |
Order Discharging Show Cause Order
|
| Description |
ORD-Discharging Show Cause
|
|
| Docket Date |
2022-03-30
|
| 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 |
ELR Restoration Inc.
|
|
| Docket Date |
2022-03-30
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 1000 PAGES
|
| On Behalf Of |
Volusia Cty Circuit Crt Clerk
|
|
| Docket Date |
2022-03-23
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Record-on-Appeal ~ AA W/IN 10 DYS
|
|
| Docket Date |
2022-01-19
|
| Type |
Order
|
| Subtype |
Order Declining Referral to Mediation
|
| Description |
ORD- Declining Referral to Mediation
|
|
|
|
FEDNAT INSURANCE COMPANY F/K/A FEDERATED NATIONAL INSURANCE COMPANY VS SYNERGY CONTRACTING GROUP INC., ET AL.
|
2D2021-2328
|
2021-07-30
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Sixth Judicial Circuit, Pinellas County
2018CA-5598
|
Parties
| Name |
FEDNAT INSURANCE COMPANY
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Lara Elyssa Breslow, Esq., SARAH M. BAGGETT, ESQ., KENNETH A. HALL, ESQ.
|
|
| Name |
FEDERATED NATIONAL INSURANCE COMPANY
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
DONNA BARR
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SYNERGY CONTRACTING GROUP INC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
EARL I. HIGGS, JR., ESQ., ALEXA BATTISTI, ESQ., STEVEN I. BATTISTI, ESQ.
|
|
| Name |
HON. PATRICIA A. MUSCARELLA
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
PINELLAS CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-12-06
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed
|
|
| Docket Date |
2021-10-25
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORDER GRANTING VOLUNTARY DISMISSAL ~ Pursuant to the notice of voluntary dismissal filed herein, this appeal is dismissed.
|
|
| Docket Date |
2021-10-25
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2021-10-21
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal ~ APPELLANT'S NOTICE OF VOLUNTARY DISMISSAL
|
| On Behalf Of |
FEDNAT INSURANCE COMPANY
|
|
| Docket Date |
2021-10-08
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ APPELLANT'S AGREED NOTICE OF EXTENSION OF TIME TO FILE INITIAL BRIEF//60 - IB TO 12/6/21
|
| On Behalf Of |
FEDNAT INSURANCE COMPANY
|
|
| Docket Date |
2021-09-17
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
SYNERGY CONTRACTING GROUP INC.
|
|
| Docket Date |
2021-08-16
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid through Portal
|
| On Behalf Of |
FEDNAT INSURANCE COMPANY
|
|
| Docket Date |
2021-08-11
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ CERTIFICATE OF THE CLERK
|
| On Behalf Of |
PINELLAS CLERK
|
|
| Docket Date |
2021-07-30
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ W/ORDER APPEALED
|
| On Behalf Of |
FEDNAT INSURANCE COMPANY
|
|
| Docket Date |
2021-07-30
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2021-07-30
|
| 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 |
2021-07-30
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
|
|
SYNERGY CONTRACTING GROUP INC., A/ A/ O TERRY AND PATRICIA CLARK VS FEDERATED NATIONAL INSURANCE COMPANY
|
2D2021-0149
|
2021-01-13
|
Closed
|
|
| Classification |
NOA Final - County Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
County Court for the Sixth Judicial Circuit, Pinellas County
20-50-AP
County Court for the Sixth Judicial Circuit, Pinellas County
18-2826-CO
|
Parties
| Name |
A/ A/ O TERRY AND PATRICIA CLARK
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
SYNERGY CONTRACTING GROUP INC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
ALEJANDRO FELECE, ESQ., ANDREW GRAF, ESQ.
|
|
| Name |
FEDERATED NATIONAL INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
David T. Burr, Esq., Lara Elyssa Breslow, Esq., KENNETH A. HALL, ESQ.
|
|
| Name |
HON. JOHN CARASSAS
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
PINELLAS CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-03-15
|
| 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 shall be served within thirty days from the date of this order.
|
|
| Docket Date |
2021-04-13
|
| 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 shall be served by May 12, 2021.
|
|
| Docket Date |
2021-04-12
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ APPELLANT'S UNOPPOSED MOTION FOREXTENSION OF TIME TO FILE INITIAL BRIEF
|
| On Behalf Of |
SYNERGY CONTRACTING GROUP INC.
|
|
| Docket Date |
2022-08-19
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2022-08-19
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2022-08-03
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed - Authored Opinion ~ and remanded.
|
|
| Docket Date |
2022-08-03
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ The appellant's motion for appellate attorneys' fees is remanded to the trial court. If the appellant establishes entitlement to fees by prevailing below, the trial court shall award a reasonable amount of fees incurred in this appeal. The appellant's request for costs is stricken without prejudice to appellant's right to seek costs from the trial court. See Fla. R. App. P. 9.400(a).
|
|
| Docket Date |
2022-02-28
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLEE'S RESPONSE IN OPPOSITION TO APPELLANT'S MOTION FOR ATTORNEY'S FEES AND COSTS
|
| On Behalf Of |
FEDERATED NATIONAL INSURANCE COMPANY
|
|
| Docket Date |
2022-02-21
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant EOT (general)-74c ~ Appellee’s motion for extension of time to respond to appellant’s motion for attorney’s fee and costs is granted. Appellee may serve a response to Appellant's motion for attorney's fees and costs by February 28, 2022.
|
|
| Docket Date |
2022-01-27
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion Extension of time To File Response ~ APPELLEE'S MOTION FOR EXTENSION OF TIME TO RESPOND TO APPELLANT'S MOTION FOR ATTORNEY'S FEES AND COSTS
|
| On Behalf Of |
FEDERATED NATIONAL INSURANCE COMPANY
|
|
| Docket Date |
2022-01-12
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant Reply Brief
|
| On Behalf Of |
SYNERGY CONTRACTING GROUP INC.
|
|
| Docket Date |
2022-01-12
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
SYNERGY CONTRACTING GROUP INC.
|
|
| Docket Date |
2021-12-14
|
| 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 January 12, 2022.
|
|
| Docket Date |
2021-12-13
|
| 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 |
SYNERGY CONTRACTING GROUP INC.
|
|
| Docket Date |
2021-11-12
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief
|
| On Behalf Of |
FEDERATED NATIONAL INSURANCE COMPANY
|
|
| Docket Date |
2021-10-08
|
| 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 November 12, 2021.
|
|
| Docket Date |
2021-10-07
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
FEDERATED NATIONAL INSURANCE COMPANY
|
|
| Docket Date |
2021-10-07
|
| 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 |
FEDERATED NATIONAL INSURANCE COMPANY
|
|
| Docket Date |
2021-09-10
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ APPELLEE'S AGREED NOTICE OFEXTENSION OF TIME TO FILE ANSWER BRIEF//30 - AB DUE 10/13/21 (LAST REQUEST)
|
| On Behalf Of |
FEDERATED NATIONAL INSURANCE COMPANY
|
|
| Docket Date |
2021-08-09
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30- AB DUE 09/13/21
|
| On Behalf Of |
FEDERATED NATIONAL INSURANCE COMPANY
|
|
| Docket Date |
2021-07-08
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ APPELLEE'S AGREED NOTICE OF EXTENSION OF TIME TO FILE ANSWER BRIEF//30 - AB DUE 8/12/21
|
| On Behalf Of |
FEDERATED NATIONAL INSURANCE COMPANY
|
|
| Docket Date |
2021-06-11
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
SYNERGY CONTRACTING GROUP INC.
|
|
| Docket Date |
2021-05-27
|
| 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 shall be served by June 11, 2021.
|
|
| Docket Date |
2021-05-12
|
| 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 |
SYNERGY CONTRACTING GROUP INC.
|
|
| Docket Date |
2021-04-14
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ REDACTED - 78 PAGES
|
|
| Docket Date |
2021-04-09
|
| Type |
Misc. Events
|
| Subtype |
Certificate
|
| Description |
Certificate ~ CERTIFICATE OF THE CLERK
|
| On Behalf Of |
PINELLAS CLERK
|
|
| Docket Date |
2021-03-19
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ CARASSAS - REDACTED - 419 PAGES
|
|
| Docket Date |
2021-03-16
|
| Type |
Misc. Events
|
| Subtype |
Certificate
|
| Description |
Certificate ~ NOTICE OF CONFIDENTIAL INFORMATION WITHIN COURT FILING
|
| On Behalf Of |
PINELLAS CLERK
|
|
| Docket Date |
2021-03-12
|
| 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 |
SYNERGY CONTRACTING GROUP INC.
|
|
| Docket Date |
2021-03-02
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement
|
| On Behalf Of |
SYNERGY CONTRACTING GROUP INC.
|
|
| Docket Date |
2021-01-14
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellants' motion for extension of time is granted, and the initial brief shall be served by March 12, 2021.
|
|
| Docket Date |
2021-01-13
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NF:Not Required
|
|
| Docket Date |
2021-01-13
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2021-01-13
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ MOT. FOR EXT. PG 12; FEE PD TO L.T.
|
| On Behalf Of |
SYNERGY CONTRACTING GROUP INC.
|
|
|
|
SYNERGY CONTRACTING GROUP, INC., A/ A/ O TERRY AND PATRICIA CLARK VS FEDERATED NATIONAL INSURANCE COMPANY
|
2D2021-0143
|
2021-01-11
|
Closed
|
|
| Classification |
NOA Final - County Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
County Court for the Sixth Judicial Circuit, Pinellas County
20-4-AP
County Court for the Sixth Judicial Circuit, Pinellas County
18-2824-CO
|
Parties
| Name |
SYNERGY CONTRACTING GROUP INC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
ALEJANDRO FELECE, ESQ.
|
|
| Name |
A/ A/ O TERRY AND PATRICIA CLARK
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
FEDERATED NATIONAL INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
KENNETH A. HALL, ESQ.
|
|
| Name |
PINELLAS CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-01-22
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2021-01-13
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2021-01-11
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NF:Not Required
|
|
| Docket Date |
2021-01-11
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ IB PG. 20; AB PG. 68; RB PG. 108; RECORD PG. 150; PCA PG 1046; FEE PD. TO L.T.
|
| On Behalf Of |
SYNERGY CONTRACTING GROUP, INC.
|
|
| Docket Date |
2020-02-06
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed ~ Pinellas County Court Opinion
|
|
|
|
DAVID UNGAR and LISA UNGAR VS FEDERATED NATIONAL INSURANCE COMPANY
|
4D2020-1361
|
2020-06-10
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502015CA013412
|
Parties
| Name |
Lisa Ungar
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
David Ungar
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Scott James Edwards, Vyacheslav Borshchukov
|
|
| Name |
FEDERATED NATIONAL INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Nicole E. Jacomo, Christopher Kirwan, Warren B. Kwavnick
|
|
| Name |
Hon. John S. Kastrenakes
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-07-12
|
| Type |
Order
|
| Subtype |
Order Dispensing with Oral Argument
|
| Description |
ORD-Dispensing Oral Argument ~ After reviewing the briefs, the court, pursuant to Florida Rule of Appellate Procedure 9.320, has dispensed with oral argument. The case will be submitted to a conference by a panel of the court.
|
|
| Docket Date |
2021-05-27
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
David Ungar
|
|
| Docket Date |
2021-05-05
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 15 DAYS TO 5/27/21.
|
|
| Docket Date |
2021-05-05
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief
|
| On Behalf Of |
David Ungar
|
|
| Docket Date |
2021-04-12
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Federated National Insurance Company
|
|
| Docket Date |
2021-12-17
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2021-12-01
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-Denying Rehearing ~ ORDERED that appellants’ October 29, 2021 motion for written opinion is denied.
|
|
| Docket Date |
2021-12-01
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-11-10
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Federated National Insurance Company
|
|
| Docket Date |
2021-10-29
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing ~ MOTION FOR WRITTEN OPINION.
|
| On Behalf Of |
David Ungar
|
|
| Docket Date |
2021-10-14
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Deny Attorney's Fees ~ ORDERED that appellants’ November 24, 2020 motion for appellate attorney's fees is denied.
|
|
| Docket Date |
2021-10-14
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2021-03-31
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORD-Answer Brief to be Served ~ ORDERED that appellee's March 30, 2021 motion for extension of time is granted, and appellee shall serve the answer brief within ten (10) days from the date of this order. In addition, appellee is notified that the failure to serve the brief within the time provided herein will foreclose appellee's right to file a brief or otherwise participate in this appeal, or the court in its discretion may impose other sanctions. Appellee is advised that no further extensions will be granted absent a detailed explanation for why the answer brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant. Attorney workload does not constitute extraordinary circumstances which justifies a further extension of time.
|
|
| Docket Date |
2021-03-30
|
| 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 |
Federated National Insurance Company
|
|
| Docket Date |
2021-03-15
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 15 DAYS TO 3/30/21.
|
|
| Docket Date |
2021-03-15
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
Federated National Insurance Company
|
|
| Docket Date |
2021-02-10
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 3/13/21.
|
|
| Docket Date |
2021-02-10
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
Federated National Insurance Company
|
|
| Docket Date |
2020-12-28
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
Federated National Insurance Company
|
|
| Docket Date |
2020-12-28
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 45 DAYS TO 2/11/21.
|
|
| Docket Date |
2020-11-24
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
David Ungar
|
|
| Docket Date |
2020-11-24
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
David Ungar
|
|
| Docket Date |
2020-11-24
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
David Ungar
|
|
| Docket Date |
2020-11-19
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORD-Initial Brief to be Served ~ ORDERED that appellants’ November 17, 2020 motion for extension of time is granted, and appellant shall serve the initial brief on or before November 24, 2020. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case will be subject to dismissal or the court in its discretion may impose other sanctions. Appellants are advised that no further extensions will be granted absent a detailed explanation for why the initial brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant. Attorney workload does not constitute extraordinary circumstances which justifies a further extension of time.
|
|
| Docket Date |
2020-11-17
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
David Ungar
|
|
| Docket Date |
2020-10-02
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
David Ungar
|
|
| Docket Date |
2020-10-02
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 45 DAYS TO 11/17/20.
|
|
| Docket Date |
2020-08-21
|
| Type |
Record
|
| Subtype |
Transcript
|
| Description |
Transcript Received ~ (790 PAGES)
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2020-08-20
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ (2124 PAGES)
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2020-08-19
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 45 DAYS TO 10/3/20.
|
|
| Docket Date |
2020-08-19
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
David Ungar
|
|
| Docket Date |
2020-07-08
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
David Ungar
|
|
| Docket Date |
2020-07-07
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that the July 6, 2020 notice of appearance is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that there is no certificate of service or the certificate of service does not comply in substance with the requirements of Florida Rule of Judicial Administration 2.516(f).
|
|
| Docket Date |
2020-07-07
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Federated National Insurance Company
|
|
| Docket Date |
2020-07-06
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ **STRICKEN**
|
| On Behalf Of |
David Ungar
|
|
| Docket Date |
2020-06-17
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
David Ungar
|
|
| Docket Date |
2020-06-11
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2020-06-11
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2020-06-10
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2020-06-10
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
David Ungar
|
|
|
|
FEDERATED NATIONAL INSURANCE COMPANY VS RONALD BOCINSKY, JR., AS PERSONAL REPRESENTATIVE OF THE ESTATE OF VIRGINIA MARIE BOCINSKY
|
5D2020-1210
|
2020-05-26
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
5th District Court of Appeal
|
| Originating Court |
Circuit Court for the Eighteenth Judicial Circuit, Brevard County
05-2017-CA-025961
|
Parties
| Name |
FEDERATED NATIONAL INSURANCE COMPANY
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Caryn L. Bellus, Sorraya M. Solages-Jones, Angela C. Flowers
|
|
| Name |
Virginia Bocinsky
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Ronald Bocinsky
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Matthew G. Struble, Christine Skubala Cohen
|
|
| Name |
Hon. George B. Turner, III
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk Brevard
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-08-16
|
| Type |
Order
|
| Subtype |
Zoom Instructions-OA
|
| Description |
ZOOM INSTRUCTIONS-ORAL ARGUMENTS
|
|
| Docket Date |
2021-08-04
|
| Type |
Notice
|
| Subtype |
Notice of Oral Argument
|
| Description |
NOTICE OF ORAL ARGUMENT
|
|
| Docket Date |
2021-06-01
|
| Type |
Order
|
| Subtype |
Order on Motion For Substitution of Parties
|
| Description |
ORD-Allowing Substitution of Parties
|
|
| Docket Date |
2021-04-14
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Order Grant EOT ~ BY 5/11, AE SHALL ADVISE WHETHER THE ESTATE WILL BE SUBSTITUTED AS THE PROPER AE.
|
|
| Docket Date |
2021-03-24
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Federated National Insurance Company
|
|
| Docket Date |
2021-01-14
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ TO MOT FOR FEES AND COSTS - SEE AMENDED RESPONSE
|
| On Behalf Of |
Federated National Insurance Company
|
|
| Docket Date |
2020-12-30
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Ronald Bocinsky
|
|
| Docket Date |
2020-05-26
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgement Letter 1
|
|
| Docket Date |
2020-05-26
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-08-01
|
| Type |
Record
|
| Subtype |
Returned Records
|
| Description |
Returned Records
|
|
| Docket Date |
2022-07-12
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Opinion
|
| Description |
Supreme Court Disposition ~ SC2-371 REVIEW DENIED
|
|
| Docket Date |
2022-03-23
|
| Type |
Supreme Court
|
| Subtype |
Acknowledged Receipt from Supreme Court
|
| Description |
Acknowledged Receipt from Supreme Court ~ SC22-371
|
|
| Docket Date |
2022-03-21
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
NOTICE OF DISCRETN. JURISDICTN
|
|
| Docket Date |
2022-03-21
|
| Type |
Supreme Court
|
| Subtype |
Review Sent to Supreme Court
|
| Description |
Review Sent to Supreme Court ~ Ref #146102530
|
|
| Docket Date |
2022-03-18
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2022-02-25
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing En Banc
|
| Description |
Order Deny Rehearing En Banc
|
|
| Docket Date |
2022-02-25
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed - Per Curiam Opinion ~ AND REMANDED WITH INSTRUCTIONS; MOT REHEAR, CLARIFICATION AND CERTIFICATION DENIED; 12/17 OPINION W/DRAWN
|
|
| Docket Date |
2022-01-12
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ TO MOT FOR REHEARING, ETC.- SEE AMENDED RESPONSE
|
| On Behalf Of |
Federated National Insurance Company
|
|
| Docket Date |
2021-12-28
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion for Rehearing / Rehearing En Banc ~ CLARIFICATION AND/OR CERTIFICATION
|
| On Behalf Of |
Ronald Bocinsky
|
|
| Docket Date |
2020-06-04
|
| Type |
Mediation
|
| Subtype |
Mediation Questionnaire
|
| Description |
Mediation Questionnaire ~ AA Caryn L. Bellus 060445
|
| On Behalf Of |
Federated National Insurance Company
|
|
| Docket Date |
2020-10-29
|
| 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 |
Federated National Insurance Company
|
|
| Docket Date |
2020-08-28
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ TO 10/30
|
| On Behalf Of |
Federated National Insurance Company
|
|
| Docket Date |
2020-08-17
|
| Type |
Record
|
| Subtype |
Exhibits
|
| Description |
Received Exhibits ~ EVIDENCE WALLET MADE
|
| On Behalf Of |
Clerk Brevard
|
|
| Docket Date |
2020-08-12
|
| Type |
Record
|
| Subtype |
Transcript
|
| Description |
Transcript Received ~ 1209 PAGES
|
| On Behalf Of |
Clerk Brevard
|
|
| Docket Date |
2020-07-21
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time for Court Reporter
|
| Description |
Order Granting EOT for Court Reporter's Transcript ~ 8/18
|
|
| Docket Date |
2020-07-15
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion for Extension of Time for Court Reporter
|
| Description |
Motion Extension of Time For Court Repte-Transc
|
| On Behalf Of |
Federated National Insurance Company
|
|
| Docket Date |
2020-06-09
|
| Type |
Order
|
| Subtype |
Order Declining Referral to Mediation
|
| Description |
ORD- Declining Referral to Mediation ~ IB W/IN 70 DAYS
|
|
| Docket Date |
2020-06-05
|
| Type |
Mediation
|
| Subtype |
Mediation Questionnaire
|
| Description |
Mediation Questionnaire ~ AE Matthew G. Struble 0077092
|
| On Behalf Of |
Ronald Bocinsky
|
|
| Docket Date |
2020-06-04
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Ronald Bocinsky
|
|
| Docket Date |
2021-12-17
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting attorney's fee - Dresser ~ AA'S MOT FOR FEES AND COSTS IS PROVISIONALLY GRANTED; AE'S MOT FOR FEES AND COSTS IS DENIED
|
|
| Docket Date |
2021-12-17
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed - Authored Opinion ~ WITH INSTRUCTIONS; W/DRAWN PER 2/25 OPIN
|
|
| Docket Date |
2021-08-29
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ AA'S ZOOM RESPONSE
|
| On Behalf Of |
Federated National Insurance Company
|
|
| Docket Date |
2021-08-26
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ AE'S ZOOM RESPONSE
|
| On Behalf Of |
Ronald Bocinsky
|
|
| Docket Date |
2021-08-18
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion ~ OA SCHEDULED FOR 9/15 @ 10:00 AM WILL BE HELD VIA ZOOM...
|
|
| Docket Date |
2021-08-16
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
NOTICE - LIVE OA TO ZOOM OA
|
|
| Docket Date |
2021-08-10
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ AGREED MOTION TO HOLD ORAL ARGUMENT VIA ZOOM
|
| On Behalf Of |
Federated National Insurance Company
|
|
| Docket Date |
2021-05-26
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion For Substitution of Parties
|
| Description |
Motion For Substitution of Parties
|
| On Behalf Of |
Ronald Bocinsky
|
|
| Docket Date |
2021-05-21
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ STATUS REPORT ACCEPTED; APPEAL CONTINUE TO BE HELD IN ABEYANCE
|
|
| Docket Date |
2021-05-21
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ PER 4/23 ORDER
|
| On Behalf Of |
Ronald Bocinsky
|
|
| Docket Date |
2021-04-23
|
| Type |
Order
|
| Subtype |
Abeyance Order
|
| Description |
ORD-Appeal held in abeyance ~ FOR 30 DAYS
|
|
| Docket Date |
2021-04-22
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ PER 4/14 ORDER
|
| On Behalf Of |
Ronald Bocinsky
|
|
| Docket Date |
2021-04-08
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ TO COMPLY WITH ORDER DATED APRIL 1, 2021
|
| On Behalf Of |
Ronald Bocinsky
|
|
| Docket Date |
2021-04-01
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ COUNSEL FOR AA W/IN 10 DYS ADVISE WHETER ESTATE WILL BE SUBSTITUTED...
|
|
| Docket Date |
2021-03-29
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ TO MOT FOR FEES - AMENDED
|
| On Behalf Of |
Federated National Insurance Company
|
|
| Docket Date |
2021-03-29
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ SUGGESTION OF DEATH OF AE, VIRGINIA BOCINSKY
|
| On Behalf Of |
Federated National Insurance Company
|
|
| Docket Date |
2021-03-29
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Federated National Insurance Company
|
|
| Docket Date |
2021-02-23
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order Grant EOT Reply Brief ~ REPLY BRF BY 3/31; ABSENT EXTENUATING CIRCUMSTANCES, ADDITIONAL EXTENSIONS OF TIME WILL BE DENIED.
|
|
| Docket Date |
2021-02-19
|
| 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 |
Federated National Insurance Company
|
|
| Docket Date |
2021-01-28
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief ~ TO 3/1
|
| On Behalf Of |
Federated National Insurance Company
|
|
| Docket Date |
2020-12-30
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ MOT FOR FEES AND COSTS; FOR MERIT PANEL CONSIDERATION; DENIED PER 12/17 ORDER
|
| On Behalf Of |
Ronald Bocinsky
|
|
| Docket Date |
2020-12-30
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ IN OPPOSITION TO AA'S M/ATTY FEES
|
| On Behalf Of |
Ronald Bocinsky
|
|
| Docket Date |
2020-11-30
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Fees and Cost ~ FOR MERIT PANEL CONSIDERATION; GRANTED PER 12/17 ORDER
|
| On Behalf Of |
Federated National Insurance Company
|
|
| Docket Date |
2020-11-30
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
Federated National Insurance Company
|
|
| Docket Date |
2020-11-30
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Federated National Insurance Company
|
|
| Docket Date |
2020-11-04
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Grant EOT for Initial Brief ~ INITIAL BRF BY 11/30; ABSENT EXTENUATING CIRCUMSTANCES, ADDITIONAL EXTENSIONS OF TIME WILL BE DENIED.
|
|
| Docket Date |
2020-11-03
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ DESIGNATION OF EMAIL ADDRESSES
|
| On Behalf Of |
Ronald Bocinsky
|
|
| Docket Date |
2020-10-30
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ OPPOSITION TO MOT FOR EXT OF TIME
|
| On Behalf Of |
Ronald Bocinsky
|
|
| Docket Date |
2020-05-27
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
CASE FILING FEE PAID THROUGH PORTAL
|
| On Behalf Of |
Federated National Insurance Company
|
|
| Docket Date |
2020-05-26
|
| Type |
Order
|
| Subtype |
Mediation Letter to LT
|
| Description |
Mediation Letter to L.T.
|
|
| Docket Date |
2020-05-26
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ FILED BELOW 5/22/20
|
| On Behalf Of |
Federated National Insurance Company
|
|
|
|
ERMANISE LUBIN VS FEDERATED NATIONAL INSURANCE COMPANY
|
4D2020-1115
|
2020-05-07
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE15-14695
|
Parties
| Name |
Ermanise Lubin
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Erin M. Berger, Melissa Ann Giasi
|
|
| Name |
FEDERATED NATIONAL INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Christopher Kirwan, Warren B. Kwavnick, Christopher Narchet
|
|
| Name |
Hon. Jeffrey R. Levenson
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-11-13
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the November 12, 2020 notice of voluntary dismissal, this case is dismissed.
|
|
| Docket Date |
2020-11-13
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2020-11-12
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
Ermanise Lubin
|
|
| Docket Date |
2020-10-20
|
| Type |
Order
|
| Subtype |
Order to Transmit Record/Supplemental Record on Appeal
|
| Description |
Order to Supplement Record w/trans. & ext. brief ~ ORDERED that appellant's October 19, 2020 motion to supplement the record is granted. The material requested in the motion shall be included in the record on appeal. The court reporter shall have thirty (30) days from the date of this order in which to prepare the transcript. The clerk of the lower tribunal shall prepare and file the supplemental material in this court within ten (10) days from receipt of the transcript. Appellant shall monitor the supplementation process. Further,ORDERED that appellant's October 19, 2020 motion for extension of time is granted, and appellant shall serve the initial brief within ten (10) days from receipt of the supplemental record.
|
|
| Docket Date |
2020-10-19
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Motion Supplemental Record & Eot For Brief
|
| On Behalf Of |
Ermanise Lubin
|
|
| Docket Date |
2020-10-09
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORD-Initial Brief to be Served ~ ORDERED that appellant's October 8, 2020 motion for extension of time is granted, and appellant shall serve the initial brief within ten (10) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case will be subject to dismissal or the court in its discretion may impose other sanctions. Appellant is advised that no further extensions will be granted absent a detailed explanation for why the initial brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant. Attorney workload does not constitute extraordinary circumstances which justifies a further extension of time.
|
|
| Docket Date |
2020-10-08
|
| 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 |
Ermanise Lubin
|
|
| Docket Date |
2020-09-08
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Ermanise Lubin
|
|
| Docket Date |
2020-09-08
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 10/08/2020
|
|
| Docket Date |
2020-08-26
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 1300 PAGES (PAGES 1-1283)
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2020-07-13
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Ermanise Lubin
|
|
| Docket Date |
2020-07-10
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 60 DAYS TO 09/08/2020
|
|
| Docket Date |
2020-07-10
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Ermanise Lubin
|
|
| Docket Date |
2020-07-02
|
| 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 June 24, 2020, 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 and preparation of the record on appeal.
|
|
| Docket Date |
2020-06-24
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit ~ OF NON-PAYMENT OF APPEAL INVOICE
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2020-05-18
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Ermanise Lubin
|
|
| Docket Date |
2020-05-12
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Federated National Insurance Company
|
|
| Docket Date |
2020-05-08
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2020-05-08
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2020-05-07
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2020-05-07
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Ermanise Lubin
|
|
|
|
ERMANISE LUBIN VS FEDERATED NATIONAL INSURANCE COMPANY
|
4D2020-1114
|
2020-05-07
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE15-14682
|
Parties
| Name |
Ermanise Lubin
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Erin M. Berger, Melissa Ann Giasi
|
|
| Name |
FEDERATED NATIONAL INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Christopher Narchet, Christopher Kirwan, Warren B. Kwavnick
|
|
| Name |
Hon. Jeffrey R. Levenson
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-11-13
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2020-11-13
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the November 12, 2020 notice of voluntary dismissal, this case is dismissed.
|
|
| Docket Date |
2020-11-12
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
Ermanise Lubin
|
|
| Docket Date |
2020-10-20
|
| Type |
Order
|
| Subtype |
Order to Transmit Record/Supplemental Record on Appeal
|
| Description |
Order to Supplement Record w/trans. & ext. brief ~ ORDERED that appellant's October 19, 2020 motion to supplement the record is granted. The material requested in the motion shall be included in the record on appeal. The court reporter shall have thirty (30) days from the date of this order in which to prepare the transcript. The clerk of the lower tribunal shall prepare and file the supplemental material in this court within ten (10) days from receipt of the transcript. Appellant shall monitor the supplementation process. Further,ORDERED that appellant's October 19, 2020 motion for extension of time is granted, and appellant shall serve the initial brief within ten (10) days from receipt of the supplemental record.
|
|
| Docket Date |
2020-10-19
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Motion Supplemental Record & Eot For Brief
|
| On Behalf Of |
Ermanise Lubin
|
|
| Docket Date |
2020-10-09
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORD-Initial Brief to be Served ~ ORDERED that appellant's October 8, 2020 motion for extension of time is granted in part, and appellant shall serve the initial brief within ten (10) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case will be subject to dismissal or the court in its discretion may impose other sanctions. Appellant is advised that no further extensions will be granted absent a detailed explanation for why the initial brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant. Attorney workload does not constitute extraordinary circumstances which justifies a further extension of time.
|
|
| Docket Date |
2020-10-08
|
| 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 |
Ermanise Lubin
|
|
| Docket Date |
2020-09-08
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 10/08/2020
|
|
| Docket Date |
2020-09-08
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Ermanise Lubin
|
|
| Docket Date |
2020-08-26
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 2974 PAGES (PAGES 1-2952)
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2020-07-13
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Ermanise Lubin
|
|
| Docket Date |
2020-07-10
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Ermanise Lubin
|
|
| Docket Date |
2020-07-10
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 60 DAYS TO 09/08/2020
|
|
| Docket Date |
2020-07-02
|
| 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 June 24, 2020, 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 and preparation of the record on appeal.
|
|
| Docket Date |
2020-06-24
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit ~ OF NON-PAYMENT OF APPEAL INVOICE
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2020-05-18
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Ermanise Lubin
|
|
| Docket Date |
2020-05-12
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Federated National Insurance Company
|
|
| Docket Date |
2020-05-08
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal - see the court's website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2020-05-08
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2020-05-07
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Ermanise Lubin
|
|
| Docket Date |
2020-05-07
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
|
JACK DELEO and AMY DELEO VS FEDERATED NATIONAL INSURANCE COMPANY
|
4D2020-1094
|
2020-05-04
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502016CA013044AXXXMB
|
Parties
| Name |
Jack Deleo
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Daniel A. Norton
|
|
| Name |
Amy Deleo
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
FEDERATED NATIONAL INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Warren B. Kwavnick, Christopher Kirwan
|
|
| Name |
Hon. Gerard Joseph Curley
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-08-20
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-08-20
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2021-08-04
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Deny Attorney's Fees ~ ORDERED that appellants’ September 16, 2020 motion for appellate attorney's fees is denied.
|
|
| Docket Date |
2021-08-04
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Citation
|
|
| Docket Date |
2021-06-17
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Jack Deleo
|
|
| Docket Date |
2021-06-03
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order to File Status Report ~ ORDERED that, in light of appellants' June 1, 2021 filing (a letter dated May 25, 2021 responding to counsel's undated letter), counsel for appellants is to file a notice of the status of its representation of appellants. This status report is to be filed within five (5) days of this order.
|
|
| Docket Date |
2021-06-02
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Letter
|
| On Behalf Of |
Jack Deleo
|
|
| Docket Date |
2021-03-01
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Jack Deleo
|
|
| Docket Date |
2021-02-15
|
| 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 appellants' February 11, 2021 amended motion for extension of time is granted in part. Appellants 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 |
2021-02-12
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Federated National Insurance Company
|
|
| Docket Date |
2021-02-12
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing
|
| On Behalf Of |
Jack Deleo
|
|
| Docket Date |
2021-02-11
|
| 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 |
Jack Deleo
|
|
| Docket Date |
2021-01-20
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-Moot ~ ORDERED that appellee's January 4, 2021 motion for extension of time is determined to be moot as appellee's answer brief was filed January 15, 2021.
|
|
| Docket Date |
2021-01-15
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Federated National Insurance Company
|
|
| Docket Date |
2021-01-04
|
| 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 |
Federated National Insurance Company
|
|
| Docket Date |
2020-12-03
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 1/3/20
|
|
| Docket Date |
2020-12-03
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
Federated National Insurance Company
|
|
| Docket Date |
2020-10-20
|
| 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 October 16, 2020 motion for extension of time is granted, and appellee shall serve the answer brief within forty-five (45)days from the date of this order. 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 |
2020-10-19
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ ***AMENDED***
|
| On Behalf Of |
Federated National Insurance Company
|
|
| Docket Date |
2020-10-12
|
| 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 |
Federated National Insurance Company
|
|
| Docket Date |
2020-09-16
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Jack Deleo
|
|
| Docket Date |
2020-09-10
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Jack Deleo
|
|
| Docket Date |
2020-07-28
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that this court’s July 21, 2020 order is discharged. Further,ORDERED that appellants’ July 27, 2020 motion for extension of time is granted, and appellants shall serve the initial brief within forty-five (45) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2020-07-27
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ ANDMOTION FOR EXTENSION OF TIME TO FILE INITIAL BRIEF
|
| On Behalf Of |
Jack Deleo
|
|
| Docket Date |
2020-07-21
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ **DISCHARGED**ORDERED that appellants in the above-styled case are directed to show cause in writing, if any there be, on or before July 31, 2020, why the above-styled case should not be dismissed for lack of timely prosecution, in that appellants' initial brief has not been filed with this court as of this date. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief is filed within this time, the order to show cause will be considered automatically discharged without further order.
|
|
| Docket Date |
2020-07-13
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Federated National Insurance Company
|
|
| Docket Date |
2020-06-29
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 3181 PAGES
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2020-05-05
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2020-05-05
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Jack Deleo
|
|
| Docket Date |
2020-05-05
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2020-05-04
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2020-05-04
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Jack Deleo
|
|
|
|
FENIX ULYSSE VS FEDERATED NATIONAL INSURANCE COMPANY
|
4D2020-0465
|
2020-02-18
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502017CA001070XXXXMB
|
Parties
| Name |
Nelcy Pean
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Fenix Ulysse
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Erin M. Berger, Melissa Ann Giasi
|
|
| Name |
FORECLOSURE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
FEDERATED NATIONAL INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Orlando Romero, Warren B. Kwavnick, Kathryn M. Winkler
|
|
| Name |
Hon. James Nutt
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-11-13
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the November 12, 2020 notice of voluntary dismissal, this case is dismissed.
|
|
| Docket Date |
2020-11-13
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2020-11-12
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
Fenix Ulysse
|
|
| Docket Date |
2020-11-02
|
| 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 October 30, 2020 motion for extension of time is granted, and appellee shall serve the answer brief on or before November 30, 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.
|
|
| Docket Date |
2020-10-30
|
| 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 |
Federated National Insurance Company
|
|
| Docket Date |
2020-08-28
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
Federated National Insurance Company
|
|
| Docket Date |
2020-08-28
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 45 DAYS TO 10/14/20.
|
|
| Docket Date |
2020-08-03
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Order Granting Motion to Supplement the Record ~ ORDERED that appellant's July 31, 2020 motion to supplement the record is granted. The proposed supplemental record is deemed filed.
|
|
| Docket Date |
2020-07-31
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
Fenix Ulysse
|
|
| Docket Date |
2020-07-31
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Fenix Ulysse
|
|
| Docket Date |
2020-07-31
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ (16 PAGES)
|
| On Behalf Of |
Fenix Ulysse
|
|
| Docket Date |
2020-07-28
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORD-Initial Brief to be Served ~ ORDERED that appellant's July 27, 2020 motion for extension of time is granted, and appellant shall serve the initial brief within three (3) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case will be subject to dismissal or the court in its discretion may impose other sanctions. Appellant is advised that no further extensions will be granted absent a detailed explanation for why the initial brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant. Attorney workload does not constitute extraordinary circumstances which justifies a further extension of time.
|
|
| Docket Date |
2020-07-27
|
| 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 |
Fenix Ulysse
|
|
| Docket Date |
2020-07-21
|
| Type |
Record
|
| Subtype |
Transcript
|
| Description |
Transcript Received ~ (637 PAGES)
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2020-07-02
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ (1229 PAGES)
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2020-06-30
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF INABILITY TO TRANSMIT ROA.
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2020-06-26
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Fenix Ulysse
|
|
| Docket Date |
2020-06-26
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 07/27/2020
|
|
| Docket Date |
2020-04-27
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Fenix Ulysse
|
|
| Docket Date |
2020-04-27
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 60 DAYS TO 6/26/20.
|
|
| Docket Date |
2020-04-14
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Federated National Insurance Company
|
|
| Docket Date |
2020-03-11
|
| Type |
Order
|
| Subtype |
Order on Motion for Reinstatement
|
| Description |
ORD-Reinstatement ~ ORDERED that the appellant's March 10, 2020 motion for reinstatement is granted, and the above-styled appeal is reinstated.
|
|
| Docket Date |
2020-03-10
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismiss-No Filing Fee ~ **REINSTATED** ORDERED sua sponte that the above-styled appeal is dismissed for non-payment of the $300.00 filing fee.
|
|
| Docket Date |
2020-03-10
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk ~ **REINSTATED**
|
|
| Docket Date |
2020-03-10
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Fenix Ulysse
|
|
| Docket Date |
2020-03-10
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Reinstatement
|
| Description |
Motion For Reinstatement
|
| On Behalf Of |
Fenix Ulysse
|
|
| Docket Date |
2020-02-19
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2020-02-19
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2020-02-18
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2020-02-18
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Fenix Ulysse
|
|
|
|
EMALINA JUI- CUBA VS FEDERATED NATIONAL INSURANCE COMPANY
|
4D2020-0425
|
2020-02-14
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE16-011395
|
Parties
| Name |
EMALINA JUI- CUBA
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Melissa Ann Giasi, Erin M. Berger
|
|
| Name |
FEDERATED NATIONAL INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Kathryn M. Winkler, Warren B. Kwavnick, Orlando Romero
|
|
| Name |
Hon. Carol-Lisa Phillips
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-05-29
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
EMALINA JUI- CUBA
|
|
| Docket Date |
2020-05-19
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order to File Status Report ~ ORDERED that appellant is directed to file a status report within ten (10) days from the date of this order regarding the progress being made towards disposition of the motion.
|
|
| Docket Date |
2020-09-02
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ **DISCHARGED**ORDERED that appellant in the above-styled case 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 timely prosecution, in that appellant's initial brief has not been filed with this court as of this date. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief is filed within this time, the order to show cause will be considered automatically discharged without further order.
|
|
| Docket Date |
2020-06-18
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
EMALINA JUI- CUBA
|
|
| Docket Date |
2020-06-08
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order to File Status Report ~ Upon consideration of appellant’s May 29, 2020 status report, it is ORDERED that the circuit court is directed to file a status report, within ten (10) days from the date of this order, regarding the progress being made toward disposition of appellant's pending motion for new trial.
|
|
| Docket Date |
2020-05-29
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 1,086 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2020-04-06
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
EMALINA JUI- CUBA
|
|
| Docket Date |
2020-03-26
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order to File Status Report ~ ORDERED that appellant is directed to file a status report within ten (10) days from the date of this order regarding the progress being made towards disposition of the motion.
|
|
| Docket Date |
2020-03-24
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Federated National Insurance Company
|
|
| Docket Date |
2020-02-27
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
EMALINA JUI- CUBA
|
|
| Docket Date |
2020-11-09
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
EMALINA JUI- CUBA
|
|
| Docket Date |
2020-11-09
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2020-11-09
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the November 9, 2020 notice of voluntary dismissal, this case is dismissed.
|
|
| Docket Date |
2020-10-26
|
| Type |
Order
|
| Subtype |
Order on Motion To Abate
|
| Description |
ORD-Grant Motion to Abate ~ ORDERED that appellant’s October 23, 2020 “joint motion to abate appeal pending the outcome of settlement negotiations” is granted. The above-styled appeal is abated for fourteen (14) days from the date of this order 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 initial brief on that date.
|
|
| Docket Date |
2020-10-23
|
| Type |
Motions Other
|
| Subtype |
Motion To Abate
|
| Description |
Motion To Abate
|
| On Behalf Of |
EMALINA JUI- CUBA
|
|
| Docket Date |
2020-10-16
|
| 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 October 15, 2020 motion for extension of time is granted, and appellant shall serve the initial brief within seven (7) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2020-10-15
|
| 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 |
EMALINA JUI- CUBA
|
|
| Docket Date |
2020-09-15
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that, upon consideration of appellant’s response filed September 14, 2020, this court’s September 2, 2020 order to show cause is discharged. Further, ORDERED that appellant’s September 14, 2020 motion for extension of time found within the response is granted, and appellant shall serve the initial brief within thirty (30) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2020-09-14
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause ~ AND UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE INITIAL BRIEF
|
| On Behalf Of |
EMALINA JUI- CUBA
|
|
| Docket Date |
2020-02-17
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2020-02-17
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2020-02-14
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
EMALINA JUI- CUBA
|
|
| Docket Date |
2020-02-14
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
|
RAPHAEL HOFFMAN and GILA HOFFMAN VS FEDERATED NATIONAL INSURANCE COMPANY
|
4D2020-0265
|
2020-01-29
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE17-020618 (25)
|
Parties
| Name |
RAPHAEL HOFFMAN
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Timothy H. Crutchfield
|
|
| Name |
GILA HOFFMAN
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
FEDERATED NATIONAL INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
MONAL ZIPPER, Stephen W. Bazinsky, Kenneth Hall, LAURIE-ANN SHARPE, Daniel Thomas Doyle, David Burr
|
|
| Name |
Hon. Carol-Lisa Phillips
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-05-21
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2021-04-29
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-Denying Rehearing ~ ORDERED that appellee's April 9, 2021 motion for written opinion is denied.
|
|
| Docket Date |
2021-04-29
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-04-26
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
RAPHAEL HOFFMAN
|
|
| Docket Date |
2021-04-09
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing ~ MOTION FOR ISSUANCE OF WRITTEN OPINION
|
| On Behalf Of |
Federated National Insurance Company
|
|
| Docket Date |
2021-03-25
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Deny Attorney's Fees ~ ORDERED that appellants’ July 30, 2020 motion for appellate attorney's fees is denied.
|
|
| Docket Date |
2021-03-25
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2021-01-28
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
RAPHAEL HOFFMAN
|
|
| Docket Date |
2021-01-25
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Appellant's Initial Brief
|
| On Behalf Of |
RAPHAEL HOFFMAN
|
|
| Docket Date |
2021-01-25
|
| 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 appellants’ January 18, 2021 motion for extension of time is granted, and appellants shall serve the reply brief on or before January 28, 2021. In addition, if the reply brief is served after the time provided for in this order, it may be stricken. No further motions for extension of time will be granted unless extraordinary circumstances are shown. Further, ORDERED that appellants’ January 21, 2021 motion for leave to file corrected initial brief is granted. The proposed amended initial brief is deemed filed.
|
|
| Docket Date |
2021-01-21
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to Amend Brief
|
| Description |
Motion For Leave To File Amended Brief
|
| On Behalf Of |
RAPHAEL HOFFMAN
|
|
| Docket Date |
2021-01-19
|
| 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 |
RAPHAEL HOFFMAN
|
|
| Docket Date |
2021-01-15
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellants' January 14, 2021 motion for extension is stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that it is a computer-generated document which does not comply with the font requirements set forth in Rule 9.045(b). See Fla. R. App. P. 9.045(b) (“Computer-generated documents shall be filed in either Arial 14-point font or Bookman Old Style 14-point font.”). An amended document in compliance with Rule 9.045 shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2021-01-14
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief ~ ***STRICKEN 1/15/21***
|
| On Behalf Of |
RAPHAEL HOFFMAN
|
|
| Docket Date |
2021-01-05
|
| 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 appellants’ December 30, 2020 motion for extension of time is granted, and appellants shall serve the reply brief on or before January 14, 2021. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
|
| Docket Date |
2020-12-30
|
| 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 |
RAPHAEL HOFFMAN
|
|
| Docket Date |
2020-12-28
|
| Type |
Order
|
| Subtype |
Order Dispensing with Oral Argument
|
| Description |
ORD-Dispensing Oral Argument ~ After reviewing the briefs, the court, pursuant to Florida Rule of Appellate Procedure 9.320, has dispensed with oral argument. The case will be submitted to a conference by a panel of the court.
|
|
| Docket Date |
2020-11-30
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Federated National Insurance Company
|
|
| Docket Date |
2020-10-22
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 11/30/20.
|
|
| Docket Date |
2020-10-22
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
Federated National Insurance Company
|
|
| Docket Date |
2020-10-01
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Federated National Insurance Company
|
|
| Docket Date |
2020-09-23
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 10/28/20.
|
|
| Docket Date |
2020-09-23
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
Federated National Insurance Company
|
|
| Docket Date |
2020-08-26
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
Federated National Insurance Company
|
|
| Docket Date |
2020-08-26
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 9/28/20.
|
|
| Docket Date |
2020-08-17
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Federated National Insurance Company
|
|
| Docket Date |
2020-08-03
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ AMENDED.
|
| On Behalf Of |
RAPHAEL HOFFMAN
|
|
| Docket Date |
2020-07-31
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that appellants’ 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 was not properly indexed and consecutively paginated, beginning with the cover sheet as page 1, was not paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index, and 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.
|
|
| Docket Date |
2020-07-30
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits ~ **AMENDED INITIAL BRIEF FILED**
|
| On Behalf Of |
RAPHAEL HOFFMAN
|
|
| Docket Date |
2020-07-30
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ **STRICKEN**
|
| On Behalf Of |
RAPHAEL HOFFMAN
|
|
| Docket Date |
2020-07-30
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
RAPHAEL HOFFMAN
|
|
| Docket Date |
2020-07-30
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
RAPHAEL HOFFMAN
|
|
| Docket Date |
2020-07-20
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORD-Initial Brief to be Served ~ ORDERED that appellants' July 8, 2020 motion for extension of time to file initial brief is granted in part, and appellants shall serve the initial brief within ten (10) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case will be subject to dismissal or the court in its discretion may impose other sanctions. Appellants are advised that no further extensions will be granted absent a detailed explanation for why the initial brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant.
|
|
| Docket Date |
2020-07-08
|
| 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 |
RAPHAEL HOFFMAN
|
|
| Docket Date |
2020-06-08
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 7/8/20.
|
|
| Docket Date |
2020-06-08
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
RAPHAEL HOFFMAN
|
|
| Docket Date |
2020-05-07
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 6/8/20.
|
|
| Docket Date |
2020-05-07
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
RAPHAEL HOFFMAN
|
|
| Docket Date |
2020-04-08
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
RAPHAEL HOFFMAN
|
|
| Docket Date |
2020-04-08
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 5/8/20.
|
|
| Docket Date |
2020-03-24
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ (668 PAGES)
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2020-01-30
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2020-01-30
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2020-01-29
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2020-01-29
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
RAPHAEL HOFFMAN
|
|
|
|
VENTURE CONSTRUCTION GROUP OF FLORIDA, INC. a/a/o HOWARD FEARN and FELICE SAMUEL VS FEDERATED NATIONAL INSURANCE COMPANY
|
4D2020-0256
|
2020-01-28
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, Martin County
432018CA000325
|
Parties
| Name |
Felice Samuel
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Howard Fearn
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
VENTURE CONSTRUCTION GROUP OF FLORIDA, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Daniel A. Amat, Nicholas A. Shannin, Carol B. Shannin
|
|
| Name |
FEDERATED NATIONAL INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Lauren J. Smith
|
|
| Name |
Hon. William L. Roby
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Martin
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-06-18
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2021-06-18
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-05-27
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney Fees-Offer Judg. ~ ORDERED that appellee’s December 30, 2020 motion to tax appellate attorney's fees is granted conditioned on the trial court determining that appellee is entitled to fees under section 768.79, Florida Statutes (2019) and, if so, setting the amount of the attorney's fees to be awarded for this appellate case. If a motion for rehearing is filed in this court, then services rendered in connection with the motion, including, but not limited to, preparation of a responsive pleading, shall be taken into account in computing the amount of the fee.
|
|
| Docket Date |
2021-05-27
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2021-05-18
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ 4DCA
|
|
| Docket Date |
2021-04-26
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ RE: OA
|
| On Behalf Of |
Federated National Insurance Company
|
|
| Docket Date |
2021-04-19
|
| Type |
Order
|
| Subtype |
Order Re: Video Oral Argument
|
| Description |
Order Re: Video Oral Argument ~ Pursuant to Florida Supreme Court Administrative Order AOSC20-109, Comprehensive COVID-19 Emergency Measures for Florida Appellate Courts and this court’s prior order, the May 18, 2021 oral argument session will take place through Zoom video conference. Should both parties file a stipulation by noon on Monday, April 26, 2021 that they waive oral argument, the court will then decide the case based upon the briefs. If the parties do not stipulate to waive oral argument, then they shall file a notice by noon on Monday, April 26, 2021 which: (1) identifies the attorneys who will be arguing the case; and (2) provides the direct contact information for those attorneys. The Clerk of the Court will separately schedule a Zoom orientation/test session with the attorneys who will be arguing the case. The Clerk of the Court will also provide connection instructions for the oral argument session the week before the session.
|
|
| Docket Date |
2021-03-18
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
ORD-Setting Oral Argument ~ This case is set for Oral Argument on May 18, 2021, at 11:00 A.M. for 15 minutes per side. In criminal cases where a victim, as defined in Article I, Section 16(e) of the Florida Constitution, has invoked their right to notice under Article I, Section 16(b)(6) of the Florida Constitution, the State shall provide the victim with notice of this oral argument and of any changes to the scheduled date or time.Pursuant to Florida Supreme Court Administrative Order AOSC20-109, Comprehensive COVID-19 Emergency Measures for Florida Appellate Courts, which requires that oral argument and other proceedings be conducted remotely during Phase 1 and Phase 2 of the pandemic, as set forth in that administrative order, this oral argument is scheduled to be conducted via Zoom. By separate order issued no later than three weeks before the scheduled oral argument, the parties will be directed to identify the attorney who will be presenting oral argument so that an orientation/test session can be scheduled by court staff with the attorneys to confirm their knowledge of the Zoom platform and test equipment compatibility.
|
|
| Docket Date |
2021-02-24
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
Federated National Insurance Company
|
|
| Docket Date |
2021-02-24
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR ATTY. FEES.
|
| On Behalf Of |
Federated National Insurance Company
|
|
| Docket Date |
2021-02-19
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Venture Construction Group of Florida, Inc.
|
|
| Docket Date |
2021-02-19
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ **RESPONSE FILED 2/24/21**
|
| On Behalf Of |
Venture Construction Group of Florida, Inc.
|
|
| Docket Date |
2021-02-05
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
ORD-Reply Brief to be Served ~ ORDERED that appellants’ February 4, 2021 motion for extension of time is granted, and appellants shall serve the reply brief within fifteen (15) days from the date of this order. In addition, if the reply brief is served after the time provided for in this order, it will be subject to being stricken, or the court in its discretion may impose other sanctions. Appellants are advised that no further extensions will be granted absent a detailed explanation for why the reply brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant. Attorney workload does not constitute extraordinary circumstances which justifies a further extension of time.
|
|
| Docket Date |
2021-02-04
|
| 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 |
Venture Construction Group of Florida, Inc.
|
|
| Docket Date |
2021-01-20
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief
|
| On Behalf Of |
Venture Construction Group of Florida, Inc.
|
|
| Docket Date |
2021-01-20
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 15 DAYS TO 2/4/21
|
|
| Docket Date |
2021-01-15
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ ***AMENDED*** TO MOTION FOR ATTORNEY'S FEES
|
| On Behalf Of |
Venture Construction Group of Florida, Inc.
|
|
| Docket Date |
2021-01-15
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellants’ January 14, 2021 response in opposition to appellee’s motion to tax appellate attorney’s fees is stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that it is a computer-generated document which does not comply with the font requirements set forth in Rule 9.045(b). See Fla. R. App. P. 9.045(b) (“Computer-generated documents shall be filed in either Arial 14-point font or Bookman Old Style 14-point font.”). An amended document in compliance with Rule 9.045 shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2021-01-14
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ ***STRICKEN 1/15/21***
|
| On Behalf Of |
Venture Construction Group of Florida, Inc.
|
|
| Docket Date |
2020-12-30
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ (RESPONSE FILED 1/15/21)
|
| On Behalf Of |
Federated National Insurance Company
|
|
| Docket Date |
2020-12-30
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO MOTION FOR ATTY. FEES
|
| On Behalf Of |
Federated National Insurance Company
|
|
| Docket Date |
2020-12-21
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Federated National Insurance Company
|
|
| Docket Date |
2020-12-21
|
| 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 December 14, 2020 unopposed motion for extension of time to serve answer brief is granted, and appellee shall serve the answer brief on or before December 21, 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.
|
|
| Docket Date |
2020-12-14
|
| 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 |
Federated National Insurance Company
|
|
| Docket Date |
2020-11-16
|
| 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 November 12, 2020 unopposed motion for extension of time to serve answer brief is granted, and appellee shall serve the answer brief on or before December 12, 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.
|
|
| Docket Date |
2020-11-12
|
| 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 |
Federated National Insurance Company
|
|
| Docket Date |
2020-10-12
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 11/11/20.
|
|
| Docket Date |
2020-10-12
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
Federated National Insurance Company
|
|
| Docket Date |
2020-08-12
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
Federated National Insurance Company
|
|
| Docket Date |
2020-08-12
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 60 DAYS TO 10/12/20.
|
|
| Docket Date |
2020-07-13
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Venture Construction Group of Florida, Inc.
|
|
| Docket Date |
2020-07-09
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken as Unauthorized ~ ORDERED sua sponte that appellee's July 8, 2020 notice is stricken as unauthorized.
|
|
| Docket Date |
2020-07-08
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ **STRICKEN** OF UNAVAILABILITY
|
| On Behalf Of |
Federated National Insurance Company
|
|
| Docket Date |
2020-07-02
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORD-Initial Brief to be Served ~ ORDERED that appellants’ July 1, 2020 motion for extension of time is granted in part, and appellants shall serve the initial brief within ten (10) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case will be subject to dismissal or the court in its discretion may impose other sanctions. Appellants are advised that no further extensions will be granted absent a detailed explanation for why the initial brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant.
|
|
| Docket Date |
2020-07-01
|
| 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 |
Venture Construction Group of Florida, Inc.
|
|
| Docket Date |
2020-06-01
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Venture Construction Group of Florida, Inc.
|
|
| Docket Date |
2020-06-01
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 7/1/20.
|
|
| Docket Date |
2020-06-01
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Venture Construction Group of Florida, Inc.
|
|
| Docket Date |
2020-05-21
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ (521 PAGES)
|
| On Behalf Of |
Clerk - Martin
|
|
| Docket Date |
2020-05-20
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order for Status Report Re: ROA ~ Upon consideration of the Notice filed by the clerk of the lower tribunal on May 12, 2020, appellants are 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 |
2020-05-12
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ AS TO NON-REMITTANCE OF THE APPEAL RECORD
|
| On Behalf Of |
Clerk - Martin
|
|
| Docket Date |
2020-03-31
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Venture Construction Group of Florida, Inc.
|
|
| Docket Date |
2020-03-31
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 60 DAYS TO 6/1/20.
|
|
| Docket Date |
2020-01-31
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Venture Construction Group of Florida, Inc.
|
|
| Docket Date |
2020-01-30
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Federated National Insurance Company
|
|
| Docket Date |
2020-01-30
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Venture Construction Group of Florida, Inc.
|
|
| Docket Date |
2020-01-29
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2020-01-29
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2020-01-28
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Venture Construction Group of Florida, Inc.
|
|
| Docket Date |
2020-01-28
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
|
QUALITY MOLD TESTING, INC., VS FEDERATED NATIONAL INS. CO.,
|
3D2019-2510
|
2019-12-30
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
17-450
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
17-2061
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
17-14997
|
Parties
| Name |
Quality Mold Testing, Inc.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
ANDREW PAUL KAWEL, ERWIN A. ACLE
|
|
| Name |
FEDERATED NATIONAL INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
MICHAEL H. GALEX
|
|
| Name |
Hon. Lisa S. Walsh
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Hon. Carlos Lopez
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Hon. Charles K. Johnson
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-03-19
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2020-03-19
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2020-02-28
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
Certiorari Denied (Including Resp & Reply) (DA30) ~ Upon consideration, the petitioner’s Motion for Oral Argument is hereby denied. Following review of the Amended Petition for Second-Tier Certiorari, and the Response and Reply thereto, it is ordered that said Petition is hereby denied. Petitioner’s Motion for Conditional Appellate Attorney Fees is hereby denied.
|
|
| Docket Date |
2020-02-28
|
| Type |
Disposition by Opinion
|
| Subtype |
Denied
|
| Description |
Denied - Order by Judge
|
|
| Docket Date |
2020-02-13
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Quality Mold Testing, Inc.
|
|
| Docket Date |
2020-02-13
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Quality Mold Testing, Inc.
|
|
| Docket Date |
2020-02-13
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
Quality Mold Testing, Inc.
|
|
| Docket Date |
2020-02-10
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ RESPONDENT'S NOTICE OF ERRONEOUS FILING IN CIRCUIT COURT
|
| On Behalf Of |
FEDERATED NATIONAL INSURANCE COMPANY
|
|
| Docket Date |
2020-02-07
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE TO AMENDED PETITION FOR WRIT OFCERTIORARI FILED 1/2/2020
|
| On Behalf Of |
FEDERATED NATIONAL INSURANCE COMPANY
|
|
| Docket Date |
2020-01-17
|
| Type |
Order
|
| Subtype |
Order to Respond to Petition
|
| Description |
Order Resp. on all Petitions except Prohibi(OR12L) ~ Respondent is ordered to file a response within twenty (20) days from the date of this Order to the Amended Petition for Writ of Certiorari. Further, a reply may be filed five (5) days thereafter.
|
|
| Docket Date |
2020-01-02
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Docket Entry ~ Quality Mold Testing'sAmended Petition for Second-Tier Certiorari
|
| On Behalf Of |
Quality Mold Testing, Inc.
|
|
| Docket Date |
2020-01-02
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ Quality Mold Testing'sMotion to Accept Filing ofAmended Petition for Second-Tier Certiorari
|
| On Behalf Of |
Quality Mold Testing, Inc.
|
|
| Docket Date |
2020-01-02
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ Appendix to Quality Mold Testing'sPetition for Second-Tier Certiorari
|
| On Behalf Of |
Quality Mold Testing, Inc.
|
|
| Docket Date |
2019-12-30
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed
|
| On Behalf Of |
Quality Mold Testing, Inc.
|
|
| Docket Date |
2019-12-30
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments.
|
|
| Docket Date |
2019-12-30
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
|
ANDREA PELECKI VS FEDERATED NATIONAL INSURANCE COMPANY
|
5D2019-3702
|
2019-12-18
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
5th District Court of Appeal
|
| Originating Court |
Circuit Court for the Eighteenth Judicial Circuit, Brevard County
2017-CA-013753
|
Parties
| Name |
FEDERATED NATIONAL INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Lauren Jennifer Smith, Angela C. Flowers, Caryn L. Bellus
|
|
| Name |
Hon. James H. Earp
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk Brevard
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Andrea Pelecki
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Matthew G. Struble, Christine Skubala Cohen
|
|
Docket Entries
| Docket Date |
2021-07-20
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2021-07-01
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
Order Deny Rehearing
|
|
| Docket Date |
2021-06-30
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ TO MOT FOR REHEARING
|
| On Behalf Of |
Federated National Insurance Company
|
|
| Docket Date |
2021-06-14
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Order Grant EOT ~ RESPONSE BY 7/6
|
|
| Docket Date |
2021-05-26
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing
|
| On Behalf Of |
Andrea Pelecki
|
|
| Docket Date |
2021-05-14
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed in Part/Reversed in Part
|
| Description |
Affirmed in Part/Reversed in Part - Per Curiam Opinion ~ AND REMANDED WITH INSTRUCTIONS
|
|
| Docket Date |
2021-05-14
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney's Fees
|
|
| Docket Date |
2021-03-30
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ AE'S RESPONSE PER 3/11 ORDER
|
| On Behalf Of |
Federated National Insurance Company
|
|
| Docket Date |
2021-03-11
|
| Type |
Notice
|
| Subtype |
Notice of Oral Argument
|
| Description |
NOTICE OF ORAL ARGUMENT
|
|
| Docket Date |
2021-03-11
|
| Type |
Order
|
| Subtype |
Zoom Instructions-OA
|
| Description |
ZOOM INSTRUCTIONS-ORAL ARGUMENTS
|
|
| Docket Date |
2021-01-11
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Andrea Pelecki
|
|
| Docket Date |
2021-01-11
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
Andrea Pelecki
|
|
| Docket Date |
2020-12-15
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order Grant EOT Reply Brief ~ REPLY BRF BY 1/11; ABSENT EXTENUATING CIRCUMSTANCES, ADDITIONAL EXTENSIONS OF TIME WILL BE DENIED.
|
|
| Docket Date |
2020-12-11
|
| 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 |
Andrea Pelecki
|
|
| Docket Date |
2020-12-11
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief
|
| On Behalf Of |
Andrea Pelecki
|
|
| Docket Date |
2020-12-11
|
| Type |
Order
|
| Subtype |
Order Striking Stipulation for Extension
|
| Description |
ORD-STRIKE NOTICE OF EOT FOR RB-CIVIL ~ AA FILE MOT OR RB W/IN 5 DAYS
|
|
| Docket Date |
2020-12-01
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
Federated National Insurance Company
|
|
| Docket Date |
2020-11-03
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief ~ TO 12/11
|
| On Behalf Of |
Andrea Pelecki
|
|
| Docket Date |
2020-10-12
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Federated National Insurance Company
|
|
| Docket Date |
2020-10-12
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ FOR MERIT PANEL CONSIDERATION; GRANTED PER 5/14 ORDER
|
| On Behalf Of |
Federated National Insurance Company
|
|
| Docket Date |
2020-10-09
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Federated National Insurance Company
|
|
| Docket Date |
2020-09-10
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extensio of time to file Answer Brief
|
| On Behalf Of |
Federated National Insurance Company
|
|
| Docket Date |
2020-07-10
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ TO 9/11
|
| On Behalf Of |
Federated National Insurance Company
|
|
| Docket Date |
2020-06-16
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Grant EOT for Initial Brief ~ IB FILE 6/12 IS ACCEPTED
|
|
| Docket Date |
2020-06-12
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Andrea Pelecki
|
|
| Docket Date |
2020-06-09
|
| 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 |
Andrea Pelecki
|
|
| Docket Date |
2020-05-13
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Grant EOT for Initial Brief ~ IB BY 6/9
|
|
| Docket Date |
2020-05-04
|
| 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 |
Andrea Pelecki
|
|
| Docket Date |
2020-03-04
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ TO 5/8
|
| On Behalf Of |
Andrea Pelecki
|
|
| Docket Date |
2020-02-17
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 3658 PAGES
|
| On Behalf Of |
Clerk Brevard
|
|
| Docket Date |
2019-12-30
|
| Type |
Mediation
|
| Subtype |
Confidential Statement
|
| Description |
Confidential Statement ~ AE CARYN L. BELLUS 060445
|
| On Behalf Of |
Federated National Insurance Company
|
|
| Docket Date |
2019-12-30
|
| Type |
Order
|
| Subtype |
Order Declining Referral to Mediation
|
| Description |
ORD- Declining Referral to Mediation ~ IB W/IN 70 DAYS
|
|
| Docket Date |
2019-12-27
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Federated National Insurance Company
|
|
| Docket Date |
2019-12-19
|
| Type |
Mediation
|
| Subtype |
Mediation Questionnaire
|
| Description |
Mediation Questionnaire ~ AA MATTHEW G. STRUBLE 0077092
|
| On Behalf Of |
Andrea Pelecki
|
|
| Docket Date |
2019-12-19
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
CASE FILING FEE PAID THROUGH PORTAL
|
| On Behalf Of |
Andrea Pelecki
|
|
| Docket Date |
2019-12-18
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2019-12-18
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee - Civil appeal (300)
|
|
| Docket Date |
2019-12-18
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ FILED BELOW 12/17
|
| On Behalf Of |
Andrea Pelecki
|
|
| Docket Date |
2019-12-18
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgement Letter 1
|
|
| Docket Date |
2021-07-20
|
| Type |
Record
|
| Subtype |
Returned Records
|
| Description |
Returned Records ~ NO RECORD E-FILED
|
|
| Docket Date |
2021-06-10
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response ~ TO APPELLANT'S MOTION FOR REHEARING
|
| On Behalf Of |
Federated National Insurance Company
|
|
| Docket Date |
2021-04-16
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
Federated National Insurance Company
|
|
| Docket Date |
2020-09-16
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Grant EOT for Answer Brief ~ ANSWSER BRF BY 10/12; ABSENT EXTENUATING CIRCUMSTANCES, ADDITIONAL EXTENSIONS OF TIME WILL BE DENIED.
|
|
|
|
EMELINA JUI-CUBA VS FEDERATED NATIONAL INSURANCE COMPANY
|
4D2019-3809
|
2019-12-13
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Prohibition
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE16-011395
|
Parties
| Name |
Emelina Jui-Cuba
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Erin M. Berger, Melissa Ann Giasi
|
|
| Name |
FEDERATED NATIONAL INSURANCE COMPANY
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Gregory Saldamando, Kathryn M. Winkler, Warren B. Kwavnick
|
|
| Name |
Hon. Carol-Lisa Phillips
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-05-01
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
Order Denying Petition for Writ - Prohib. ~ ORDERED that the December 16, 2019 amended petition for writ of prohibition is denied.LEVINE, C.J., GROSS and KUNTZ, JJ., concur.
|
|
| Docket Date |
2020-05-01
|
| Type |
Disposition
|
| Subtype |
Denied
|
| Description |
Denied - Order by Judge
|
|
| Docket Date |
2020-03-31
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Response
|
| On Behalf Of |
Emelina Jui-Cuba
|
|
| Docket Date |
2020-03-30
|
| Type |
Motions Extensions
|
| Subtype |
Motion Extension of Time To Reply To Response
|
| Description |
Motion Extension of TimeTo Reply To Response
|
| On Behalf Of |
Emelina Jui-Cuba
|
|
| Docket Date |
2020-03-30
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Reply to Response
|
| Description |
Grant EOT to Reply to Response ~ ORDERED that petitioner's March 30, 2020 motion for extension of time is granted, and the time for filing a reply to the response is extended to and including March 31, 2020.
|
|
| Docket Date |
2020-03-19
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Reply to Response
|
| Description |
Grant EOT to Reply to Response ~ ORDERED that petitioner's March 16, 2020 motion for extension of time is granted and the time for filing a reply to the response is extended to and including March 30, 2020.
|
|
| Docket Date |
2020-03-18
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Emelina Jui-Cuba
|
|
| Docket Date |
2020-03-16
|
| Type |
Motions Extensions
|
| Subtype |
Motion Extension of Time To Reply To Response
|
| Description |
Motion Extension of TimeTo Reply To Response
|
| On Behalf Of |
Emelina Jui-Cuba
|
|
| Docket Date |
2020-03-05
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause
|
| On Behalf Of |
Federated National Insurance Company
|
|
| Docket Date |
2020-02-24
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT to file Response ~ ORDERED that respondent's February 17, 2020 motion for extension of time is granted, and the time for filing a response is extended twenty (20) days from the date of this order.
|
|
| Docket Date |
2020-02-17
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
| On Behalf Of |
Federated National Insurance Company
|
|
| Docket Date |
2020-01-28
|
| Type |
Order
|
| Subtype |
Show Cause re Petition
|
| Description |
ORD-Writs Show Cause with Reply ~ ORDERED that, within twenty (20) days, respondent shall file a response and show cause why the petition for writ of prohibition should not be granted. The respondent shall also specifically address whether the final judgment rendered after the filing of the motion to disqualify and the filing of this petition for writ of prohibition must be vacated. See, e.g., Olszewska v. Ferro, 590 So. 2d 11, 11 (Fla. 3d DCA 1991) ("The writ of prohibition invalidates the final judgment . . . because the order was entered after the motion to disqualify was denied."). This order stays further proceedings in the lower tribunal; however, the petitioner may file a notice of appeal of the final judgment. Fla. R. App. P. 9.100(h). Petitioner may file a reply within ten (10) days of service of the response.
|
|
| Docket Date |
2019-12-23
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Federated National Insurance Company
|
|
| Docket Date |
2019-12-16
|
| Type |
Petition
|
| Subtype |
Petition Prohibition
|
| Description |
Petition Prohibition ~ AMENDED
|
| On Behalf Of |
Emelina Jui-Cuba
|
|
| Docket Date |
2019-12-16
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Prohibition / Acknowledgment letter
|
|
| Docket Date |
2019-12-13
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2019-12-13
|
| Type |
Petition
|
| Subtype |
Petition Prohibition
|
| Description |
Petition Prohibition ~ **FILING FEE PAID THROUGH PORTAL**
|
| On Behalf Of |
Emelina Jui-Cuba
|
|
| Docket Date |
2019-12-13
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition ~ **FILING FEE PAID THROUGH PORTAL**
|
|
|
|
LISA SCARCELLA VS MODERN USA INSURANCE COMPANY
|
5D2017-1892
|
2017-06-16
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
5th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventh Judicial Circuit, Volusia County
2017-10141 CIDL
|
Parties
| Name |
LISA SCARELLA
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
JOSHUA A. BLACKSTEN
|
|
| Name |
MODERN USA INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
FEDERATED NATIONAL INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Withdrawn
|
| Representations |
Dorothy Difiore, DANIEL J. EWIN, KAREN M. SHIMONSKY
|
|
| Name |
Hon. Sandra C. Upchurch
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Volusia Cty Circuit Crt Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-06-11
|
| Type |
Record
|
| Subtype |
Returned Records
|
| Description |
Returned Records ~ NO RECORD EFILED
|
|
| Docket Date |
2018-06-11
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2018-05-22
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Deny Attorney's Fees
|
|
| Docket Date |
2018-05-22
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed ~ PCA
|
|
| Docket Date |
2018-05-15
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion
|
|
| Docket Date |
2018-05-10
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ SECOND AMENDED MOTION TO ACCEPT LATE FILED AMENDED APX AS TIMELY OR MOT EOT TO FILE AMENDED APX
|
| On Behalf Of |
Federated National Insurance Company
|
|
| Docket Date |
2018-05-07
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ AMENDED MOTION TO ACCEPT LATE FILED AMENDED APX AS TIMELY OR MOT EOT TO FILE AMENDED APX; SEE SECOND AMENDED MOTION
|
| On Behalf Of |
Federated National Insurance Company
|
|
| Docket Date |
2018-04-30
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ TO ACCEPT LATE FILED AMENDED APX AS TIMELY OR MOT EOT TO FILE AMENDED APX- SEE AMENDED MOTION
|
| On Behalf Of |
Federated National Insurance Company
|
|
| Docket Date |
2018-04-27
|
| Type |
Brief
|
| Subtype |
Appendix
|
| Description |
Appendix for Answer Brief ~ AMENDED APX PER 4/25 ORDER
|
| On Behalf Of |
Federated National Insurance Company
|
|
| Docket Date |
2018-04-25
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ AE BY 12:00 PM,FRIDAY, 4/27 FILE AMENDED APX
|
|
| Docket Date |
2017-11-09
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
LISA SCARELLA
|
|
| Docket Date |
2017-10-20
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order Grant EOT Reply Brief ~ TO 11/9
|
|
| Docket Date |
2017-10-09
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief
|
| On Behalf Of |
LISA SCARELLA
|
|
| Docket Date |
2017-09-05
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion ~ TO CORRECT STYLE
|
|
| Docket Date |
2017-08-29
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order Grant EOT Reply Brief ~ TO 10/9
|
|
| Docket Date |
2017-08-29
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ TO CORRECT STYLE OF CASE
|
| On Behalf Of |
LISA SCARELLA
|
|
| Docket Date |
2017-08-29
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ TO MOT ATTY FEES
|
| On Behalf Of |
Federated National Insurance Company
|
|
| Docket Date |
2017-08-28
|
| 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 |
LISA SCARELLA
|
|
| Docket Date |
2017-08-18
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Federated National Insurance Company
|
|
| Docket Date |
2017-07-14
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ AGREED EOT TO FILE ANS BRIEF TO 8/19
|
| On Behalf Of |
Federated National Insurance Company
|
|
| Docket Date |
2017-07-05
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Grant EOT for Initial Brief
|
|
| Docket Date |
2017-07-03
|
| Type |
Brief
|
| Subtype |
Appendix
|
| Description |
Appendix for Initial Brief
|
| On Behalf Of |
LISA SCARELLA
|
|
| Docket Date |
2017-06-30
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
LISA SCARELLA
|
|
| Docket Date |
2017-06-30
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ AMENDED
|
| On Behalf Of |
LISA SCARELLA
|
|
| Docket Date |
2017-06-30
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Federated National Insurance Company
|
|
| Docket Date |
2017-06-30
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ FOR MERIT PANEL CONSIDERATION
|
| On Behalf Of |
LISA SCARELLA
|
|
| Docket Date |
2017-06-16
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgement Letter 1
|
|
| Docket Date |
2017-06-16
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee - Civil appeal (300)
|
|
| Docket Date |
2017-06-16
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2017-06-16
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ FILED BELOW 6/14
|
| On Behalf Of |
LISA SCARELLA
|
|
|
|
SPAULDING DECON, LLC AND LAURA SPAULDING VS FEDERATED NATIONAL INSURANCE COMPANY F/K/A AMERICAN VEHICLE INSURANCE COMPANY
|
2D2017-1038
|
2017-03-08
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Thirteenth Judicial Circuit, Hillsborough County
14-CA-11618
|
Parties
| Name |
LAURA SPAULDING
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
SPAULDING DECON, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
DAVID A. GAUNTLETT, ESQ., LISA A. OONK, ESQ.
|
|
| Name |
FEDERATED NATIONAL INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Michael W. Baker, Esq.
|
|
| Name |
F/K/A AMERICAN VEHICLE INSURANCE COMPNAY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HILLSBOROUGH CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-04-19
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2018-03-08
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-DENYING REHEARING
|
|
| Docket Date |
2018-03-02
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ FEDERATED NATIONAL INSURANCE COMPANY'S RESPONSE TOMOTION FOR REHEARING
|
| On Behalf Of |
FEDERATED NATIONAL INSURANCE COMPANY
|
|
| Docket Date |
2018-02-21
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing
|
| On Behalf Of |
SPAULDING DECON, LLC
|
|
| Docket Date |
2018-02-07
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Appellants Spaulding DECON, LLC and Laura Spaulding have moved for appellate attorneys' fees and costs. The request for appellate attorneys' fees is denied. The request for costs is stricken as unauthorized.
|
|
| Docket Date |
2018-02-07
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2018-01-30
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ Tampa
|
|
| Docket Date |
2018-01-24
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
SPAULDING DECON, LLC
|
|
| Docket Date |
2017-10-24
|
| Type |
Order
|
| Subtype |
Order on Motion For Continuation of Oral Argument
|
| Description |
ORD-GRANTING CONTINUANCE OF OA ~ Appellee's motion filed October 19, 2017, for continuance of oral argument isgranted. Oral argument scheduled for December 21, 2017, is cancelled and will berescheduled for a later date.
|
|
| Docket Date |
2017-10-19
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion For Continuation of Oral Argument
|
| Description |
Motion For Continuation of Oral Argument
|
| On Behalf Of |
FEDERATED NATIONAL INSURANCE COMPANY
|
|
| Docket Date |
2017-10-03
|
| Type |
Misc. Events
|
| Subtype |
Pro Hac Vice Fee Paid through Portal
|
| Description |
Pro Hac Vice Fee Paid through Portal
|
|
| Docket Date |
2017-09-29
|
| Type |
Order
|
| Subtype |
Order on Motion to Appear Pro Hac Vice
|
| Description |
grant pro hac vice and $100 fee ~ Attorney Gauntlett's motion to appear as a foreign attorney is granted. All parties must serve sponsoring Florida attorney Lisa A. Oonk with all submissions when serving foreign attorney David A. Gauntlett with documents.Pursuant to section 35.22(2)(a), Florida Statutes (2015), if the foreign attorney has not already done so, he or she shall within ten days remit the statutory fee of $100, which can be paid through the Florida Courts E-Filing Portal or by sending a check payable to the clerk of this court, failing which this order will be vacated and the motion to appear as a foreign attorney will be denied.
|
|
| Docket Date |
2017-09-25
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
SPAULDING DECON, LLC
|
|
| Docket Date |
2017-09-25
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant Reply Brief
|
| On Behalf Of |
SPAULDING DECON, LLC
|
|
| Docket Date |
2017-09-25
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
SPAULDING DECON, LLC
|
|
| Docket Date |
2017-09-25
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion to Appear Pro Hac Vice
|
| Description |
Motion For Leave To Appear as Foreign Counsel ~ DAVID A. GAUNTLETT, ESQ.
|
| On Behalf Of |
SPAULDING DECON, LLC
|
|
| Docket Date |
2017-08-29
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief
|
| On Behalf Of |
FEDERATED NATIONAL INSURANCE COMPANY
|
|
| Docket Date |
2017-06-30
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 60-AB DUE 09/01/17
|
| On Behalf Of |
FEDERATED NATIONAL INSURANCE COMPANY
|
|
| Docket Date |
2017-06-13
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
SPAULDING DECON, LLC
|
|
| Docket Date |
2017-05-11
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ RICE - REDACTED - 702 PAGES
|
|
| Docket Date |
2017-05-08
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 32-IB DUE 06/12/17
|
| On Behalf Of |
SPAULDING DECON, LLC
|
|
| Docket Date |
2017-04-04
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid through Portal
|
|
| Docket Date |
2017-03-24
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Document
|
| Description |
Miscellaneous Trial Court Document ~ DESIGNATION TO CIVIL COURT REPORTER AND REPORTER'S ACKNOWLEDGEMENT
|
|
| Docket Date |
2017-03-15
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty
|
|
| Docket Date |
2017-03-15
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2017-03-08
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2017-03-08
|
| Type |
Miscellaneous Document
|
| Subtype |
Lower Tribunal Transmittal Cover Sheet
|
| Description |
LOWER TRIBUNAL TRANSMITTAL COVER SHEET
|
|
| Docket Date |
2017-03-08
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
SPAULDING DECON, LLC
|
|
|
