IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT STATE OF FLORIDA

Size: px
Start display at page:

Download "IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT STATE OF FLORIDA"

Transcription

1 IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT STATE OF FLORIDA OFFICE OF INSURANCE, REGULATION Appellant, RECEIVED, 9/15/2016 5:27 PM, Jon S. Wheeler, First District Court of Appeal vs. STATE FARM FLORIDA INSURNACE COMPANY, Appellee. / Case No.:1D LT Case No.: 2014-CA-1267 RESPONSE TO OBJECTION TO APPEARANCE OF OFFICE OF THE INSURANCE CONSUMER ADVOCATE AS AMICUS CURIAE In accordance with this Court s September 12, 2016 Order, the undersigned hereby responds to the objection of Appellee, State Farm Florida Insurance Company ( State Farm ), and states as follows: 1. On September 6, 2016, State Farm filed an Objection to Appearance of Office of Insurance Consumer Advocate ( ICA ) as Amicus Curiae. 2. In said objection, State Farm contended that the ICA lacks the authority to appear in this Court under section , Florida Statutes. The prescribed rule for entry by a party as amicus curiae in an appellate proceeding in Florida is governed by Fla. R. App. P Amicus curiae is granted only by leave of court, with the movant stating the interest, the particular issue to be addressed, how the movant can assist the court in the disposition of the case, and 1

2 whether all parties consent to the filing of the brief. Fla. R. App. P (a). The rule does not require the movant to provide further basis or additional declaration of authority to enter an appellate matter. 3. The ICA met the requirements of Fla. R. App. P (a) in its filed Motion for Leave to File Amicus Curiae Brief in Support of Appellant, Office of Insurance Regulation ( Motion ). In introducing its interest in the instant proceeding, the ICA described itself as a government-created entity established by and deriving authority from section , Florida Statues. Motion at 2. The ICA stated its interest as an advocate tasked with examining insurance issues in the best interest of the Florida consumer. Motion at 2. The ICA also stated its intent to address the issue at bar by discussing the negative impact to Florida consumers and confidence in the property and casualty insurance market as a result of State Farm s position that the information required by (10), Florida Statutes, is trade secret and not available for public inspection. Motion at 4. As perhaps the most important requirement, the Motion addressed how the ICA can assist the court in the disposition of this proceeding by providing perspective and background for this Court s consideration in weighing the parties legal arguments. Motion at 4-5. Finally, the ICA fulfilled the last requirement of Fla. R. App. P (a) in its Motion by advising this Court of State Farm s objection to the ICA s entry as amicus. Motion at 5. The ICA therefore relies upon its filed Motion 2

3 as the foundation for its request to appear as amicus curiae pursuant to Fla. R. App. P (a). 4. State Farm also objects to the filing of the ICA s amicus brief because it contains no considerations germane to this appeal different than those in OIR s initial brief. 1 Amicus curiae briefs are generally admitted for the purpose of assisting the court in cases that are of general public interest of aiding in the presentation of difficult issues and within the discretion of the court to allow. Fla. R. App. P ; also noted in Liberty Counsel v. Florida Bar Bd. Of Governors, 12 So. 3d 183, 185 (Fla. 2009); Alexander v. Hall, 64 F.R.D. 152 (D.S.C.1974). In Ryan v. Commodity Futures Trading Comm n, 125 F. 3d 1062 (7 th Cir. 1997)(adopted by the 3 rd DCA in Rathkamp v. Dep t of Cmty. Affairs, 730 So. 2d 866, (Fla. 3d DCA 1999)), the court stated that an amicus brief should be allowed when the amicus has unique information or perspective that can help the court beyond the help that the lawyers for the parties are able to provide. Ryan at Amicus briefs are by the nature of things not normally impartial. Strasser v. Doorley, 432 F.2d 567 (1 st Cir. 1970). While the ICA has expressly stated its support of OIR s position in this matter, the ICA s filed brief inures to the benefit 1 State Farm makes this contention by citing the decision of Rathkamp v. Dep t of Cmty. Affairs, 730 So. 2d 866 (Fla. 3d DCA 1999). However, State Farm fails to identify the basis upon which it contends that the Rathkamp decision is akin to the situation at bar. The Rathkamp opinion consists of exactly one sentence with no presentation as to the facts considered by the 3 rd DCA in its decision - and as such, the ICA cannot respond in this regard. 3

4 of Florida consumers by broadening this Court s understanding of the issues at hand from an administrative, historic and public policy perspective. Just because the ICA supports the OIR in its legal argument does not in and of itself bar an amicus filing, nor does the filed brief rise to the level of State Farm s claim that the arguments made mirror that of OIR. In Ciba-Giegy Ltd. BASF A.G. v. Fish Peddler, Inc., 683 So. 2d 522, 532, the 4 th District Court rejected an amicus brief that mirrored fact-specific argument of a filed fifty (50) page brief. The ICA has made no such filing; instead, the ICA focused on the unique consumer implications of allowing QUASR data to be considered trade secret and advising this Court on the broader implications that this decision will make on the state government s authority to regulate the business of insurance in the best interest of the consumers. The ICA addresses the negative impact to Florida consumers face as a result of State Farm s position that the information required by (10), Florida Statutes, is trade secret and not available for public inspection. Brief at 8-9. The ICA advises that QUASR data is used by the insurance buying public to make sound insurance purchases. Brief at 8. The ICA additionally addresses the anticipated rise in insurance rates that will result if this Court upholds the trial court s order. Brief at 15. The ICA advises this Court on the negative consequences to legislative bodies abilities to balance the marketplace and other organizations efforts to study and develop catastrophe risk. Brief at The ICA also provides historic background on the ebb and flow of State Farm in the 4

5 Florida marketplace and how its recent re-entry will impact the ability for regulators and the public to effectively understand marketplace rates and trends. Brief at 15. None of these consumer-focused perspectives are addressed by OIR in its Initial Brief. The ICA would assert that these issues are crucial to bring to this Court s attention when overlaying the parties legal argument at issue in the case and solely within this Court s discretion to consider. 5. The ICA informs and provides perspective on insurance related matters to the members of the Florida Cabinet, members of the Florida Legislature and Florida courts. The ICA was previously admitted as amicus curiae in a similar matter before this Court to advise on policy considerations of an insurance issue that impacted Florida consumers. See Thrivent Financial for Lutherans v. Department of Financial Services, 145 So. 3d 178 (Fla. 1 st DCA 2014). In Thrivent, the ICA was permitted as amicus curiae over objection in order to weigh in on an insurance issue on behalf of the insurance buying public. Similarly, the ICA addressed this Court in support of the Department of Financial Services in litigation with an insurance company who sought to challenge unclaimed property laws and retain unclaimed death benefits from life insurance policies. Similarly, the ICA represented the interest of consumers in advising this Court of the broader public policy implications of the trial court s decision. As is the case here, the ICA represents the interest of the insurance buying public and is uniquely positioned to speak to the consumer harm that will result from upholding the trial court s 5

6 decision. The ICA hopes that this perspective, which is not summarily addressed in the Appellant s Initial Brief, can aid the Court in considering the legal arguments at issue. 6. For all the foregoing reasons, the Office of the Florida Insurance Consumer Advocate respectfully requests that this Court grant the ICA s Motion and permit its filing of the amicus curiae brief on the merits in support of Appellant in this matter. Respectfully submitted, /s/ C. SHA RON JAMES Insurance Consumer Advocate Office of the Insurance Consumer Advocate Florida Department of Financial Services Claude Denson Pepper Bldg, Ste East Gaines Street Tallahassee FL FL Bar # Phone: Sha Ron.James@myfloridacfo.com /s/ JENNIFER M. FERRIS Chief Counsel Office of the Insurance Consumer Advocate Florida Department of Financial Services Claude Denson Pepper Bldg, Ste East Gaines Street Tallahassee FL FL Bar # Phone: Jennifer.Ferris@myfloridacfo.com 6

7 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was served electronically on September 15, 2016, to: Elenita Gomez, Esq. Elenita.Gomez@floir.com Shaw P. Stiller, Esq. Shaw.Stiller@floir.com 612 Larson Building Tallahassee, Florida ATTORNEYS FOR APPELLANT Karen D. Walker, Esq. Karen.walker@hklaw.com Tiffany A. Roddenberry, Esq. Tiffany.roddenberry@hklaw.com Holland and Knight 315 South Calhoun Street, Suite 600 Tallahassee, Florida ATTORNEYS FOR APPELLEE Andrea Flynn Morgenson, Esq. amogensen@sunshinelitigation.com 200 South Washington Blvd., Suite 7 Sarasota, Florida _/s/ JENNIFER M. FERRIS Florida Bar No

IN THE FIRST DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

IN THE FIRST DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA IN THE FIRST DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA Security First Insurance Company, Case No. 1D14-1864 Lower Case No. 149960-14 Appellant, v. State of Florida, Office of Insurance Regulation,

More information

IN THE COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA

IN THE COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA IN THE COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA RECEIVED, 12/6/2016 2:17 PM, Jon S. Wheeler, First District Court of Appeal FLORIDA OFFICE OF INSURANCE REGULATION, and DAVID ALTMAIER, Solely in

More information

IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA

IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA Orlando Orthopaedic Center a/a/o Jennifer Chapman, Appellant, CASE NO.: 2015-CV-64-A-O Lower Court Case No.: 2014-SC-2566-O

More information

IN THE SUPREME COURT OF FLORIDA. Case No. 1D

IN THE SUPREME COURT OF FLORIDA. Case No. 1D IN THE SUPREME COURT OF FLORIDA Case No. 1D07-6027 FLORIDA DEPARTMENT OF FINANCIAL SERVICES, AS RECEIVER FOR AMERICAN SUPERIOR INSURANCE COMPANY, INSOLVENT, vs. Petitioner, IMAGINE INSURANCE COMPANY LIMITED

More information

IN THE SUPREME COURT OF FLORIDA CASE NO.: SC SERVICE INSURANCE COMPANY, Appellant, vs. OFFICE OF INSURANCE REGULATION AND

IN THE SUPREME COURT OF FLORIDA CASE NO.: SC SERVICE INSURANCE COMPANY, Appellant, vs. OFFICE OF INSURANCE REGULATION AND IN THE SUPREME COURT OF FLORIDA CASE NO.: SC11-299 SERVICE INSURANCE COMPANY, Appellant, vs. OFFICE OF INSURANCE REGULATION AND THE FINANCIAL SERVICES COMMISSION, Appellees. BRIEF ON JURISDICTION OF APPELLEES

More information

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIRST DISTRICT. Appellant, CASE NO. 1D vs. AHCA NO

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIRST DISTRICT. Appellant, CASE NO. 1D vs. AHCA NO IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIRST DISTRICT RECEIVED, 10/13/2017 10:16 AM, Jon S. Wheeler, First District Court of Appeal REHABILITATION CENTER AT HOLLYWOOD HILLS, LLC, Appellant,

More information

In this PIP case, State Farm Mutual Auto Insurance Co. (State Farm), the Defendant below,

In this PIP case, State Farm Mutual Auto Insurance Co. (State Farm), the Defendant below, IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant, v. WORLD HEALTH WELLNESS, INC. a/a/o Glenda Pinero, Appellee.

More information

IN THE COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA

IN THE COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA IN THE COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA THE NATIONAL COUNCIL ON COMPENSATION INSURANCE, INC., etc., v. Appellants, JAMES F. FEE, JR., individually, DCA Case No.: 1D16-5408 L.T. Case No.:

More information

Respondents. / ANSWER BRIEF ON THE MERITS OF RESPONDENT, THE OHIO CASUALTY INSURANCE COMPANY

Respondents. / ANSWER BRIEF ON THE MERITS OF RESPONDENT, THE OHIO CASUALTY INSURANCE COMPANY JAMES D. STERLING and CAROLYN STERLING, as Parents and Natural Guardians of JAMES D. STERLING, JR., a minor, and JAMES D. STERLING and CAROLYN STERLING, Individually, vs. Petitioners, STATE OF FLORIDA

More information

IN THE DISTRICT COURT OF APPEAL FIFTH DISTRICT, STATE OF FLORIDA

IN THE DISTRICT COURT OF APPEAL FIFTH DISTRICT, STATE OF FLORIDA IN THE DISTRICT COURT OF APPEAL FIFTH DISTRICT, STATE OF FLORIDA In re Guardianship of J.D.S., Jennifer Wixtrom, Appellant CASE NO: 5D03-1921 Nos. Below: 48-2003-CP-001188-O 48-2003-MH-000414-O EMERGENCY

More information

NOT FINAL UNTIL TIME EXPIRES FOR REHEARING AND, IF FILED, DETERMINED

NOT FINAL UNTIL TIME EXPIRES FOR REHEARING AND, IF FILED, DETERMINED County Civil Court: ATTORNEY S FEES. The trial court correctly found the relevant market required the possibility of a multiplier in order for Appellee to obtain representation in this matter. The trial

More information

SUPREME COURT OF FLORIDA. v. Case No. SC th DCA Case No. 5D

SUPREME COURT OF FLORIDA. v. Case No. SC th DCA Case No. 5D SUPREME COURT OF FLORIDA D.M.T., Appellant, v. Case No. SC12-261 5 th DCA Case No. 5D09-3559 T.M.H., Appellee. / APPELLEE S VERIFIED OBJECTION TO APPELLANT S MOTION FOR EXTENSION OF TIME TO FILE INITIAL

More information

RUSSELL L. HALL, CASE NO.: CVA LOWER COURT CASE NO.: CEB

RUSSELL L. HALL, CASE NO.: CVA LOWER COURT CASE NO.: CEB IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA RUSSELL L. HALL, CASE NO.: CVA1 07-07 LOWER COURT CASE NO.: CEB 2007-614622 v. Appellant, ORANGE COUNTY, FLORIDA, Appellee.

More information

IN THE SUPREME COURT OF THE STATE OF FLORIDA. CASE NO: SC v. THIRD DCA CASE NO.: 3D Lower Tribunal No.:

IN THE SUPREME COURT OF THE STATE OF FLORIDA. CASE NO: SC v. THIRD DCA CASE NO.: 3D Lower Tribunal No.: IN THE SUPREME COURT OF THE STATE OF FLORIDA RICHARD GRAY, Plaintiff/Petitioner, CASE NO: SC04-1579 v. THIRD DCA CASE NO.: 3D03-1587 Lower Tribunal No.: 98-27005 DANIEL CASES, Defendant/Respondent. PETITIONER

More information

IN THE FLORIDA SUPREME COURT SUPREME CT. CASE NO.: SC LOWER TRIBUNAL NO(S).: 1D CAA RETHELL BYRD CHANDLER, ETC., ET AL.

IN THE FLORIDA SUPREME COURT SUPREME CT. CASE NO.: SC LOWER TRIBUNAL NO(S).: 1D CAA RETHELL BYRD CHANDLER, ETC., ET AL. IN THE FLORIDA SUPREME COURT SUPREME CT. CASE NO.: SC10-1068 LOWER TRIBUNAL NO(S).: 1D09-2595 06-001525CAA RETHELL BYRD CHANDLER, ETC., ET AL. Petitioners, vs. GEICO INDEMNITY COMPANY, Respondent. PETITIONERS

More information

Case No UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT. HARTFORD FIRE INSURANCE COMPANY, Plaintiff Appellant,

Case No UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT. HARTFORD FIRE INSURANCE COMPANY, Plaintiff Appellant, Case: 16-16056, 03/24/2017, ID: 10370294, DktEntry: 27-1, Page 1 of 7 Case No. 16-16056 UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT HARTFORD FIRE INSURANCE COMPANY, Plaintiff Appellant, v. TEMPUR-SEALY

More information

REPLY IN SUPPORT OF MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEFS

REPLY IN SUPPORT OF MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEFS STATE OF WISCONSIN CIRCUIT COURT DANE COUNTY Branch 6 CLEAN WISCONSIN, INC. 634 West Main Street, Suite 300 Madison, WI 53703 and PLEASANT LAKE MANAGEMENT DISTRICT P.O. Box 230 Coloma, WI 54930, v. Petitioners,

More information

UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT ERIN SANBORN-ADLER, * v. * * No LIFE INSURANCE COMPANY OF * NORTH AMERICA, et al.

UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT ERIN SANBORN-ADLER, * v. * * No LIFE INSURANCE COMPANY OF * NORTH AMERICA, et al. UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT ERIN SANBORN-ADLER, Plaintiff-Appellant v. No. 11-20184 LIFE INSURANCE COMPANY OF NORTH AMERICA, et al. Defendants-Appellees. MOTION OF THE SECRETARY

More information

IN THE SUPREME COURT OF FLORIDA TALLAHASSEE, FLORIDA. Petitioner, S.C. Case No.: SC DCA Case No.: 5D v. L.T. Case No.

IN THE SUPREME COURT OF FLORIDA TALLAHASSEE, FLORIDA. Petitioner, S.C. Case No.: SC DCA Case No.: 5D v. L.T. Case No. Filing # 12738024 Electronically Filed 04/21/2014 04:09:09 PM RECEIVED, 4/21/2014 16:13:38, John A. Tomasino, Clerk, Supreme Court STATE FARM FLORIDA INSURANCE COMPANY, IN THE SUPREME COURT OF FLORIDA

More information

Appellant, Lower Court Case No.: CC O

Appellant, Lower Court Case No.: CC O IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA STATE FARM MUTUAL AUTO- MOBILE INSURANCE COMPANY, CASE NO.: CVA1-06 - 19 vs. CARRIE CLARK, Appellant, Lower Court Case

More information

IN THE FIRST DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

IN THE FIRST DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA IN THE FIRST DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA Security First Insurance Company, Case No. 1D14-1864 Lower Case No. 149960-14 Appellant, v. State of Florida, Office of Insurance Regulation,

More information

Docket No In The United States Court of Appeals For The First Circuit. Appellee, DZHOKHAR A. TSARNAEV, Defendant Appellant.

Docket No In The United States Court of Appeals For The First Circuit. Appellee, DZHOKHAR A. TSARNAEV, Defendant Appellant. Case: 16-6001 Document: 00117102232 Page: 1 Date Filed: 01/09/2017 Entry ID: 6060379 Docket No. 16-6001 In The United States Court of Appeals For The First Circuit UNITED STATES, Appellee, v. DZHOKHAR

More information

IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT. : Case No. APPEAL FROM THE CIRCUIT COURT IN AND FOR POLK COUNTY STATE OF FLORIDA

IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT. : Case No. APPEAL FROM THE CIRCUIT COURT IN AND FOR POLK COUNTY STATE OF FLORIDA IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT KARL OWENS, Appellant, vs. STATE OF FLORIDA, Appellee. Case No. 96-1614 APPEAL FROM THE CIRCUIT COURT IN AND FOR POLK COUNTY STATE OF FLORIDA

More information

**ORAL ARGUMENT SCHEDULED FOR DECEMBER 8, 2017** IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT

**ORAL ARGUMENT SCHEDULED FOR DECEMBER 8, 2017** IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT USCA Case #16-5345 Document #1703161 Filed: 11/06/2017 Page 1 of 10 **ORAL ARGUMENT SCHEDULED FOR DECEMBER 8, 2017** IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT The National

More information

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT RECEIVED, 6/14/2017 4:56 PM, Joanne P. Simmons, Fifth District Court of Appeal MICHAEL CONNOLLY, Plaintiff/Appellant, Case No.: 5D17-1172

More information

BEFORE THE FLORIDA JUDICIAL QUALIFICATIONS COMMISSION STATE OF FLORIDA INQUIRY CONCERNING A JUDGE

BEFORE THE FLORIDA JUDICIAL QUALIFICATIONS COMMISSION STATE OF FLORIDA INQUIRY CONCERNING A JUDGE Filing # 29552579 E-Filed 07/13/2015 11:29:39 AM BEFORE THE FLORIDA JUDICIAL QUALIFICATIONS COMMISSION STATE OF FLORIDA INQUIRY CONCERNING A JUDGE SC13-1333 LAURA M. WATSON, NO. 12-613 / RECEIVED, 07/13/2015

More information

SUPREME COURT OF LOUISIANA DOCKET NO CQ DANNY KELLY, Appellant VERSUS. STATE FARM FIRE & CASUALTY COMPANY, Appellee CIVIL ACTION

SUPREME COURT OF LOUISIANA DOCKET NO CQ DANNY KELLY, Appellant VERSUS. STATE FARM FIRE & CASUALTY COMPANY, Appellee CIVIL ACTION SUPREME COURT OF LOUISIANA DOCKET NO. 2014-CQ-1921 DANNY KELLY, Appellant VERSUS STATE FARM FIRE & CASUALTY COMPANY, Appellee _ CIVIL ACTION _ On Certified Questions from the United States Court of Appeals

More information

Filing # E-Filed 08/15/ :23:19 AM

Filing # E-Filed 08/15/ :23:19 AM Filing # 45201254 E-Filed 08/15/2016 10:23:19 AM IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIALCIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA JAMES F. FEE, JR., Individually, Plaintiff, vs. CASE NO. 2016-020607-CA-01

More information

SUPREME COURT OF THE STATE OF FLORIDA

SUPREME COURT OF THE STATE OF FLORIDA SUPREME COURT OF THE STATE OF FLORIDA JOHN D. DUDLEY, Petitioner, CASE NO.: SC 07-1747 vs. DCA CASE NO.: 5D06-3821 ELLEN F. SCHMIDT, Respondent. / PETITIONER S AMENDED JURISDICTIONAL BRIEF Richard J. D

More information

CASE NO. 1D Appellant challenges the circuit court s summary denial of his

CASE NO. 1D Appellant challenges the circuit court s summary denial of his IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA STEPHEN ELLIOT DRAKUS, v. Appellant, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO.

More information

IN THE SUPREME COURT OF FLORIDA HERBERT KINDL, PETITIONER, UNITED SERVICES AUTOMOBILE ASSOCIATION, RESPONDENT. CASE NO.: SC11-146

IN THE SUPREME COURT OF FLORIDA HERBERT KINDL, PETITIONER, UNITED SERVICES AUTOMOBILE ASSOCIATION, RESPONDENT. CASE NO.: SC11-146 IN THE SUPREME COURT OF FLORIDA HERBERT KINDL, PETITIONER, v. UNITED SERVICES AUTOMOBILE ASSOCIATION, RESPONDENT. CASE NO.: SC11-146 L.T. NO.: 5D10-1722; 09-CA-5209-A5-L ON DISCRETIONARY REVIEW FROM THE

More information

IN THE SUPREME COURT OF FLORIDA CASE NO. 94,135 (CI 98-CI 1137)

IN THE SUPREME COURT OF FLORIDA CASE NO. 94,135 (CI 98-CI 1137) IN THE SUPREME COURT OF FLORIDA CASE NO. 94,135 (CI 98-CI 1137) STATE OF FLORIDA, Appellant, vs. VALIDATION OF NOT EXCEEDING $35,000,000 OSCEOLA COUNTY, OSCEOLA COUNTY, FLORIDA, a FLORIDA TOURIST DEVELOPMENT

More information

FINAL ORDER AFFIRMING TRIAL COURT. the trial court s Final Judgment entered July 16, 2014, in favor of Appellee, Emergency

FINAL ORDER AFFIRMING TRIAL COURT. the trial court s Final Judgment entered July 16, 2014, in favor of Appellee, Emergency IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA PROGRESSIVE AMERICAN INSURANCE COMPANY, CASE NO.: 2014-CV-000054-A-O Lower Case No.: 2011-SC-008737-O Appellant, v.

More information

CASE NO. SC L.T. CASE NO. 1D JAMON A. JOHNSON and CHAKA JOHNSON, Petitioners, UNIVERSAL PROPERTY AND CASUALTY INSURANCE COMPANY,

CASE NO. SC L.T. CASE NO. 1D JAMON A. JOHNSON and CHAKA JOHNSON, Petitioners, UNIVERSAL PROPERTY AND CASUALTY INSURANCE COMPANY, Electronically Filed 09/09/2013 11:18:02 AM ET RECEIVED, 9/9/2013 11:18:39, Thomas D. Hall, Clerk, Supreme Court 122373 IN THE SUPREME COURT OF FLORIDA CASE NO. SC13-1427 L.T. CASE NO. 1D12-0891 JAMON

More information

BRIEF OF THE ACADEMY OF FLORIDA TRIAL LAWYERS, AMICUS CURIAE, SUPPORTING RESPONDENTS' POSITION

BRIEF OF THE ACADEMY OF FLORIDA TRIAL LAWYERS, AMICUS CURIAE, SUPPORTING RESPONDENTS' POSITION SUPREME COURT OF FLORIDA UNITED SERVICES AUTOMOBILE ASSOCIATION, a reciprocal interinsurance exchange, Petitioner, vs. DALE E. JENNINGS, JR., and TAMMY M. JENNINGS, Respondents. CASE NO. 92,776 ON CERTIFIED

More information

IN THE SUPREME COURT OF FLORIDA CASE NO.:

IN THE SUPREME COURT OF FLORIDA CASE NO.: IN THE SUPREME COURT OF FLORIDA CASE NO.: ARNALDO VELEZ, an individual, TAYLOR, BRION, BUKER & GREENE, a general partnership, vs. Petitioners, BIRD LAKES DEVELOPMENT CORP., a Panamanian corporation, Respondent.

More information

IN THE SUPREME COURT OF FLORIDA TALLAHASSEE, FLORIDA CASE NO.: SC RESPONDENTS BRIEF ON JURISDICTION

IN THE SUPREME COURT OF FLORIDA TALLAHASSEE, FLORIDA CASE NO.: SC RESPONDENTS BRIEF ON JURISDICTION IN THE SUPREME COURT OF FLORIDA TALLAHASSEE, FLORIDA STATE FARM FLORIDA INSURANCE COMPANY, Petitioner, vs. CASE NO.: SC09-401 CHAD GOFF and CAROL GOFF, Respondents, / RESPONDENTS BRIEF ON JURISDICTION

More information

IN THE DISTRICT COURT OF APPEAL THIRD DISTRICT, STATE OF FLORIDA

IN THE DISTRICT COURT OF APPEAL THIRD DISTRICT, STATE OF FLORIDA IN THE DISTRICT COURT OF APPEAL THIRD DISTRICT, STATE OF FLORIDA RECEIVED, 12/8/2016 1:37 PM, Mary Cay Blanks, Third District Court of Appeal LBMP HOLDINGS, LLC and AJK 21ST STREET, LLC, CASE NO.: 3D16-2433

More information

IN THE SUPREME COURT OF THE STATE OF FLORIDA CASE NO. SC DISTRICT COURT CASE NO. 4D

IN THE SUPREME COURT OF THE STATE OF FLORIDA CASE NO. SC DISTRICT COURT CASE NO. 4D Filing # 24507206 E-Filed 03/05/2015 09:53:26 AM IN THE SUPREME COURT OF THE STATE OF FLORIDA STATE FARM FLORIDA INSURANCE COMPANY, Petitioner, CASE NO. SC15-288 DISTRICT COURT CASE NO. 4D13-0185 RECEIVED,

More information

CASE NO. 1D An appeal from an order of the Department of Children and Families.

CASE NO. 1D An appeal from an order of the Department of Children and Families. IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA MICHELLE WADE, v. Appellant, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D10-2502

More information

In the Supreme Court of Florida

In the Supreme Court of Florida In the Supreme Court of Florida CASE NO.: SC11-258 STATE FARM FLORIDA INSURANCE COMPANY, Petitioner, v. LLOYD BEVERLY and EDITH BEVERLY, Respondents. ON DISCRETIONARY REVIEW FROM THE SECOND DISTRICT COURT

More information

IN THE SUPREME COURT OF FLORIDA. Petitioner, CASE NO. v. DCA CASE NO. 3D Lower Tribunal Case No

IN THE SUPREME COURT OF FLORIDA. Petitioner, CASE NO. v. DCA CASE NO. 3D Lower Tribunal Case No IN THE SUPREME COURT OF FLORIDA SANDRA CARTER, Petitioner, CASE NO. v. DCA CASE NO. 3D10-326 Lower Tribunal Case No. 07-882 MONROE COUNTY, Respondent. / PETITIONER CARTER S BRIEF ON JURISDICTION On Review

More information

No U IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT

No U IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 12-14009-U IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT DR. BERND WOLLSCHLAEGER, et al., Plaintiffs-Appellees, vs. GOVERNOR STATE OF FLORIDA, et al., Defendants-Appellants. Appeal

More information

UNITED STATES BANKRUPTCY APPELLATE PANEL FOR THE FIRST CIRCUIT

UNITED STATES BANKRUPTCY APPELLATE PANEL FOR THE FIRST CIRCUIT Case: 12-54 Document: 001113832 Page: 1 Date Filed: 11/20/2012 Entry ID: 2173182 No. 12-054 UNITED STATES BANKRUPTCY APPELLATE PANEL FOR THE FIRST CIRCUIT In re LOUIS B. BULLARD, Debtor LOUIS B. BULLARD,

More information

SUPREME COURT STATE OF FLORIDA DCA CASE NO.: 5D08-98

SUPREME COURT STATE OF FLORIDA DCA CASE NO.: 5D08-98 SUPREME COURT STATE OF FLORIDA CHARLENE M. BIFULCO CASE NO: SC09-172 DCA CASE NO.: 5D08-98 Petitioner, v. PATIENT BUSINESS & FINANCIAL SERVICES, INC. Respondent. BRIEF OF AMICUS CURIAE NATIONAL EMPLOYMENT

More information

CASE NO. 1D Andy Thomas, Public Defender, and M. J. Lord, Assistant Public Defender, Tallahassee, for Appellant.

CASE NO. 1D Andy Thomas, Public Defender, and M. J. Lord, Assistant Public Defender, Tallahassee, for Appellant. IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA DAONTAE TERRELL SCOTT, v. Appellant, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO.

More information

IN THE FIRST DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

IN THE FIRST DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA E-Copy Received May 30, 2013 4:51 PM IN THE FIRST DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA KEVIN M. McCARTY, in His Official Capacity as the Commissioner of THE FLORIDA OFFICE OF Case No. 1D13-1355

More information

IN THE SUPREME COURT OF FLORIDA Case No. DCA Case No. 2D L.T. Case No CA

IN THE SUPREME COURT OF FLORIDA Case No. DCA Case No. 2D L.T. Case No CA William O. Murtagh, M.D., Plaintiff/Appellant, vs. IN THE SUPREME COURT OF FLORIDA Case No. DCA Case No. 2D-10-246 L.T. Case No. 09-3769-CA Lynn Hurley, Defendant/Appellee. / PLAINTIFF/PETITIONER/APPELLANT,

More information

Third District Court of Appeal State of Florida, July Term, A.D. 2011

Third District Court of Appeal State of Florida, July Term, A.D. 2011 Third District Court of Appeal State of Florida, July Term, A.D. 2011 Opinion filed December 07, 2011. Not final until disposition of timely filed motion for rehearing. No. 3D11-334 Lower Tribunal No.

More information

IN THE SUPREME COURT OF FLORIDA. Case No. SC08- Lower Tribunal No. 3D BEATRICE PERAZA, Appellant, vs. CITIZENS PROPERTY INSURANCE CORPORATION,

IN THE SUPREME COURT OF FLORIDA. Case No. SC08- Lower Tribunal No. 3D BEATRICE PERAZA, Appellant, vs. CITIZENS PROPERTY INSURANCE CORPORATION, IN THE SUPREME COURT OF FLORIDA Case No. SC08- Lower Tribunal No. 3D07-477 BEATRICE PERAZA, Appellant, vs. CITIZENS PROPERTY INSURANCE CORPORATION, Appellee. On Review of a Decision of the Third District

More information

No. 1D On appeal from the Circuit Court for Alachua County. Monica J. Brasington, Judge. February 8, 2018

No. 1D On appeal from the Circuit Court for Alachua County. Monica J. Brasington, Judge. February 8, 2018 FIRST DISTRICT COURT OF APPEAL EDWARD A. CRAPO, as Alachua County Property Appraiser, Appellant, v. STATE OF FLORIDA No. 1D17-280 PROVIDENT GROUP - CONTINUUM PROPERTIES, L.L.C., a Florida not-for-profit

More information

IN THE SUPREME COURT OF FLORIDA Case No. SC Fifth DCA Case No. 5D10-19, Lake County

IN THE SUPREME COURT OF FLORIDA Case No. SC Fifth DCA Case No. 5D10-19, Lake County IN THE SUPREME COURT OF FLORIDA Case No. SC11-1282 Fifth DCA Case No. 5D10-19, Lake County Upon Petition for Discretionary Review Of A Decision of the Fifth District Court of Appeal CARDIOVASCULAR ASSOCIATES

More information

IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI FILED MAY Of nee of the Clerk Suprorne Court Court of Appalll..

IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI FILED MAY Of nee of the Clerk Suprorne Court Court of Appalll.. IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI (\) DOUGLAS MILLER FILED APPELLANT VS. STATE OF MISSISSIPPI MAY 2 1 2010 Of nee of the Clerk Suprorne Court Court of Appalll.. NO.2009-CP-1907-COA APPELLEE

More information

Third District Court of Appeal State of Florida

Third District Court of Appeal State of Florida Third District Court of Appeal State of Florida Opinion filed October 24, 2018. Not final until disposition of timely filed motion for rehearing. No. 3D17-1170 Lower Tribunal No. 15-27940 IDS Property

More information

Supreme Court of Florida

Supreme Court of Florida Supreme Court of Florida ANSTEAD, J. No. SC06-1088 JUAN E. CEBALLO, et al., Petitioners, vs. CITIZENS PROPERTY INSURANCE CORPORATION, Respondent. [September 20, 2007] This case is before the Court for

More information

STAND-UP MRI OF ORLANDO, CASE NO.: CVA

STAND-UP MRI OF ORLANDO, CASE NO.: CVA IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA STAND-UP MRI OF ORLANDO, CASE NO.: CVA1 06-58 a/a/o Eusebio Isaac, LOWER COURT CASE NO.: 2005-SC-4899-O Appellant,

More information

SUPREME COURT OF ARIZONA

SUPREME COURT OF ARIZONA Thomas B. Dixon, Esq. (013813) DIXON LAW OFFICES, P.L.C. 343 W. Roosevelt St., Suite 200 Phoenix, Arizona 85003 Telephone: (602) 258-8400 Fax: (602) 258-8425 tom@dixonlawoffices.com Attorney for Amicus

More information

Supreme Court of Florida

Supreme Court of Florida Supreme Court of Florida CASE NO. BASIK EXPORTS & IMPORTS, INC., Petitioner, v. PREFERRED NATIONAL INSURANCE COMPANY, Respondent. ON PETITION FOR DISCRETIONARY REVIEW FROM THE DISTRICT COURT OF APPEAL,

More information

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT JOSEPH VIERA, ALICIA VIERA, PAIGE VIERA, JOEY VIERA, LYNN DEMCHAK VIERA and JOSEPH VIERA AND LYNN DEMCHAK on behalf of CHRISTOPHER DEMCHAK,

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT

IN THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT Appeal Docket No. 14-1754 IN THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT JOHANNA BETH McDONOUGH, vs. ANOKA COUNTY, ET AL. Plaintiff-Appellant, Defendants-Appellees. ON APPEAL FROM THE UNITED

More information

STATE'S RESPONSE BRIEF

STATE'S RESPONSE BRIEF IN THE COURT OF APPEALS FOR THE FIFTH COURT OF APPEALS DISTRICT EDGAR CARRASCO, APPELLANT NO. 05-11-00681-CR V. THE STATE OF TEXAS, APPELLEE 5th Court of Appeals FILED: 12/28/11 14:00 Lisa Matz, Clerk

More information

IN THE SUPREME COURT OF FLORIDA. THE FLORIDA BAR, : CASE NO: SC : LOWER TRIBUNAL: ,017 (02) Complainant-Appellee: FILING DATE: 8/3/2001

IN THE SUPREME COURT OF FLORIDA. THE FLORIDA BAR, : CASE NO: SC : LOWER TRIBUNAL: ,017 (02) Complainant-Appellee: FILING DATE: 8/3/2001 IN THE SUPREME COURT OF FLORIDA THE FLORIDA BAR, : CASE NO: SC01-1696 : LOWER TRIBUNAL: 2002-00,017 (02) Complainant-Appellee: FILING DATE: 8/3/2001 :v. : : JOSE L. DELCASTILLO : SALAMANCA : Respondent-Appellant:

More information

IN THE SUPREME COURT OF STATE OF FLORIDA CASE NUMBER: SC Appellants, vs. L.T. Case Nos.: 2011 CA 1584 GEORGE WILLIAMS, et al.

IN THE SUPREME COURT OF STATE OF FLORIDA CASE NUMBER: SC Appellants, vs. L.T. Case Nos.: 2011 CA 1584 GEORGE WILLIAMS, et al. RICK SCOTT, PAM BONDI, and JEFF ATWATER, as the FLORIDA STATE BOARD OF ADMINISTRATION, et al., IN THE SUPREME COURT OF STATE OF FLORIDA CASE NUMBER: SC12-520 Appellants, vs. L.T. Case Nos.: 2011 CA 1584

More information

Appellant, CASE NO.: CVA

Appellant, CASE NO.: CVA IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA WEST SIDE CHIROPRACTIC, INC., A/A/O ROMANN GENEUS, v. Appellant, CASE NO.: CVA1 08-12 GEICO INDEMNITY COMPANY, Appellee.

More information

SUPREME COURT OF FLORIDA CASE NO. SC Fourth DCA Case No. 4D09-728

SUPREME COURT OF FLORIDA CASE NO. SC Fourth DCA Case No. 4D09-728 SUPREME COURT OF FLORIDA CASE NO. SC11-263 Fourth DCA Case No. 4D09-728 MCLAUGHLIN ENGINEERING COMPANY, a Florida Corporation, JERALD MCLAUGHLIN, individually, and CARL E. ALBREKTSEN, individually, vs.

More information

E-Filed Document Apr :32: TS Pages: 10 IN THE SUPREME COURT OF MISSISSIPPI REGINA DIANE WEATHERS

E-Filed Document Apr :32: TS Pages: 10 IN THE SUPREME COURT OF MISSISSIPPI REGINA DIANE WEATHERS E-Filed Document Apr 8 2014 10:32:44 2013-TS-01366 Pages: 10 IN THE SUPREME COURT OF MISSISSIPPI REGINA DIANE WEATHERS APPELLANT V. NO. 2013-TS-01366 SCOTTY WADE GUIN APPELLEE BRIEF OF APPELLANT REGINA

More information

IN THE SUPREME COURT OF FLORIDA. Case No.: SC E. MARIE BOTHE, Petitioner, -vs- PAMELA JEAN HANSEN. Respondent.

IN THE SUPREME COURT OF FLORIDA. Case No.: SC E. MARIE BOTHE, Petitioner, -vs- PAMELA JEAN HANSEN. Respondent. IN THE SUPREME COURT OF FLORIDA Case No.: SC09-901 E. MARIE BOTHE, Petitioner, -vs- PAMELA JEAN HANSEN Respondent. ON PETITION FOR DISCRETIONARY REVIEW FROM THE DISTRICT COURT OF APPEAL, SECOND DISTRICT

More information

IN THE SUPREME COURT, STATE OF FLORIDA

IN THE SUPREME COURT, STATE OF FLORIDA IN THE SUPREME COURT, STATE OF FLORIDA ASSOCIATED UNIFORM RENTAL & LINEN SUPPLY, INC., Petitioner, Case No. SC09-134 3DCA Case No.: 3D05-2130 v. RKR MOTORS, INC., Respondent. On Discretionary Review From

More information

SUPREME COURT OF FLORIDA. v. Case No. SC DCA Case No. 2D WILMA SMITH, individually, and on behalf of all others similarly situated,

SUPREME COURT OF FLORIDA. v. Case No. SC DCA Case No. 2D WILMA SMITH, individually, and on behalf of all others similarly situated, SUPREME COURT OF FLORIDA FOREMOST INSURANCE COMPANY and AMERICAN FEDERATION INSURANCE COMPANY, Petitioners, v. Case No. SC04-2003 DCA Case No. 2D03-286 WILMA SMITH, individually, and on behalf of all others

More information

AMICUS CURIAE BRIEF OF UNITED POLICYHOLDERS IN SUPPORT OF APPELLANT

AMICUS CURIAE BRIEF OF UNITED POLICYHOLDERS IN SUPPORT OF APPELLANT IN THE DISTRICT COURT OF APPEAL THIRD DISTRICT OF FLORIDA CASE NO.: 3D16-1844 RECEIVED, 3/17/2017 2:59 PM, Mary Cay Blanks, Third District Court of Appeal RYAN ESCOBAR, Appellant, vs. TOWER HILL SIGNATURE

More information

CASE NO. 1D Nancy A. Daniels, Public Defender, and Kathleen Stover, Assistant Public Defender, Tallahassee, for Appellant.

CASE NO. 1D Nancy A. Daniels, Public Defender, and Kathleen Stover, Assistant Public Defender, Tallahassee, for Appellant. IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA MARKEL LATRAE BASS, v. Appellant, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D12-3284

More information

Third District Court of Appeal State of Florida

Third District Court of Appeal State of Florida Third District Court of Appeal State of Florida Opinion filed December 3, 2014. Not final until disposition of timely filed motion for rehearing. No. 3D14-887 Lower Tribunal No. 13-34654 General Employees

More information

In re the Marriage of: CYNTHIA JEAN VAN LEEUWEN, Petitioner/Appellant, RICHARD ALLEN VAN LEEUWEN, Respondent/Appellee. No.

In re the Marriage of: CYNTHIA JEAN VAN LEEUWEN, Petitioner/Appellant, RICHARD ALLEN VAN LEEUWEN, Respondent/Appellee. No. NOTICE: NOT FOR PUBLICATION. UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED. IN THE ARIZONA COURT OF APPEALS DIVISION

More information

Third District Court of Appeal State of Florida

Third District Court of Appeal State of Florida Third District Court of Appeal State of Florida Opinion filed April 26, 2017. Not final until disposition of timely filed motion for rehearing. No. 3D16-2650 Lower Tribunal Nos. 08-21731, 08-22479, 08-22491,

More information

In the Supreme Court of Florida

In the Supreme Court of Florida In the Supreme Court of Florida CASE NO.: SC10-116 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Petitioner, v. GILDA MENENDEZ, FABIOLA G. LLANES, FABIOLA P. LLANES and ROGER LLANES, Respondents. DISCRETIONARY

More information

RESPONSE OF RESPONDENT UNITED STATES OF AMERICA TO METHANEX S REQUEST TO LIMIT AMICUS CURIAE SUBMISSIONS

RESPONSE OF RESPONDENT UNITED STATES OF AMERICA TO METHANEX S REQUEST TO LIMIT AMICUS CURIAE SUBMISSIONS IN THE ARBITRATION UNDER CHAPTER ELEVEN OF THE NORTH AMERICAN FREE TRADE AGREEMENT AND THE UNCITRAL ARBITRATION RULES BETWEEN METHANEX CORPORATION, -and- Claimant/Investor, UNITED STATES OF AMERICA, Respondent/Party.

More information

Supreme Court of Florida

Supreme Court of Florida Supreme Court of Florida No. SC96997 PER CURIAM. RAYMOND J. MURPHY, Appellant, vs. LEE COUNTY, a political subdivision of the State of Florida, and THE STATE OF FLORIDA, Appellees. CORRECTED OPINION [July

More information

In the Supreme Court of Florida

In the Supreme Court of Florida In the Supreme Court of Florida CASE NO.: SC09-401 STATE FARM FLORIDA INSURANCE COMPANY, Petitioner, v. CHAD GOFF and CAROL GOFF, Respondents. ON DISCRETIONARY REVIEW FROM THE SECOND DISTRICT COURT OF

More information

IN THE SUPREME COURT OF IOWA NO SAMUEL DE DIOS, INDEMNITY INSRUANCE COMPANY OF NORTH AMERICA, and BRODSIPRE SERVICES, INC.

IN THE SUPREME COURT OF IOWA NO SAMUEL DE DIOS, INDEMNITY INSRUANCE COMPANY OF NORTH AMERICA, and BRODSIPRE SERVICES, INC. IN THE SUPREME COURT OF IOWA NO. 18-1227 ELECTRONICALLY FILED NOV 09, 2018 CLERK OF SUPREME COURT SAMUEL DE DIOS, v. Plaintiff-Appellant, INDEMNITY INSRUANCE COMPANY OF NORTH AMERICA, and BRODSIPRE SERVICES,

More information

CASE NO. 1D Pamela Jo Bondi, Attorney General, and J. Clifton Cox, Special Counsel, Tallahassee, for Appellee.

CASE NO. 1D Pamela Jo Bondi, Attorney General, and J. Clifton Cox, Special Counsel, Tallahassee, for Appellee. IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA VERIZON BUSINESS PURCHASING, LLC, v. Appellant, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

More information

RESPONDENT CDC BUILDERS, INC. S RESPONSE TO PETITIONERS RIVIERA BILTMORE, LLC AND RIVIERA SEVILLA LLC S JURISDICTIONAL BRIEF

RESPONDENT CDC BUILDERS, INC. S RESPONSE TO PETITIONERS RIVIERA BILTMORE, LLC AND RIVIERA SEVILLA LLC S JURISDICTIONAL BRIEF 2070625 IN THE SUPREME COURT OF FLORIDA RIVIERA ALMERIA, LLC, RIVIERA BILTMORE, LLC, RIVIERA SEVILLA, LLC, Petitioner(s) CASE NO.: SC11-503 LOWER TRIBUNAL CASE NOS: 3D10-1197, 08-2763CA10 vs. CDC BUILDERS,

More information

IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA, IN AND FOR PASCO COUNTY APPELLATE DIVISION

IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA, IN AND FOR PASCO COUNTY APPELLATE DIVISION County Civil Court: CIVIL PROCEDURE Dismissal. The record demonstrates the complaint was sufficient to withstand a motion to dismiss at this stage in the proceedings. Reversed and remanded. Baycraft Restoration

More information

IN THE SUPREME COURT OF FLORIDA STATE OF FLORIDA PETITIONERS AMENDED JURISDICTIONAL BRIEF 1

IN THE SUPREME COURT OF FLORIDA STATE OF FLORIDA PETITIONERS AMENDED JURISDICTIONAL BRIEF 1 IN THE SUPREME COURT OF FLORIDA STATE OF FLORIDA RIVIERA ALMERIA RIVERIA BILTMORE, LLC, and RIVIERA SEVILLA, LLC, CASE NO.: SC 11-503 DCA CASE NO: 3D10-1197 L.T. Case No.: 08-2763 CA 40 v. Petitioners,

More information

THE SUPREME COURT OF FLORIDA. Appellant Case No.: Appeal No: INITIAL BRIEF ON THE MERITS

THE SUPREME COURT OF FLORIDA. Appellant Case No.: Appeal No: INITIAL BRIEF ON THE MERITS THE SUPREME COURT OF FLORIDA RUBEN FLORES Vs. Appellant Case No.: 00-2281 Appeal No: 98-04115 ALLSTATE INSURANCE COMPANY Appellee / INITIAL BRIEF ON THE MERITS On Petition to invoke the discretionary jurisdiction

More information

IN THE SUPREME COURT OF FLORIDA CASE NO. SC THIRD DISTRICT CASE NO. 3D BRASS & SINGER, D.C., P.A., A/A/O MILDRED SOLAGES, Petitioner,

IN THE SUPREME COURT OF FLORIDA CASE NO. SC THIRD DISTRICT CASE NO. 3D BRASS & SINGER, D.C., P.A., A/A/O MILDRED SOLAGES, Petitioner, IN THE SUPREME COURT OF FLORIDA CASE NO. SC06-283 THIRD DISTRICT CASE NO. 3D05-951 BRASS & SINGER, D.C., P.A., A/A/O MILDRED SOLAGES, Petitioner, vs. UNITED AUTOMOBILE INSURANCE COMPANY, A Florida corporation,

More information

IN THE SUPREME COURT OF FLORIDA

IN THE SUPREME COURT OF FLORIDA IN THE SUPREME COURT OF FLORIDA BRUCE BERNSTEIN, Petitioner, v. CASE NO. SC05-1586 HARVEY GOLDMAN, Respondent. / RESPONDENT S BRIEF ON JURISDICTION On Petition To Invoke Discretionary Review Of A Decision

More information

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT JOSEPH MANZARO, Appellant, v. LINDA D'ALESSANDRO, Appellee. No. 4D16-3951 [November 1, 2017] Appeal from the Circuit Court for the Fifteenth

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No Non-Argument Calendar. D.C. Docket No. 1:12-cv GRJ.

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No Non-Argument Calendar. D.C. Docket No. 1:12-cv GRJ. James Brannan v. Geico Indemnity Company, et al Doc. 1107526182 Case: 13-15213 Date Filed: 06/17/2014 Page: 1 of 10 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 13-15213

More information

CASE NO. 1D Andy Thomas, Public Defender, Lori A. Willner, Assistant Public Defender, Tallahassee, for Appellant.

CASE NO. 1D Andy Thomas, Public Defender, Lori A. Willner, Assistant Public Defender, Tallahassee, for Appellant. IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA BILLY JOE FOWLER, v. Appellant, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D16-3223

More information

Third District Court of Appeal State of Florida

Third District Court of Appeal State of Florida Third District Court of Appeal State of Florida Opinion filed October 13, 2016. Not final until disposition of timely filed motion for rehearing. No. 3D14-2986 Lower Tribunal No. 99-993 Mario Gonzalez,

More information

STATE OF OHIO ) IN THE COURT OF APPEALS NINTH JUDICIAL DISTRICT COUNTY OF WAYNE ) DECISION AND JOURNAL ENTRY

STATE OF OHIO ) IN THE COURT OF APPEALS NINTH JUDICIAL DISTRICT COUNTY OF WAYNE ) DECISION AND JOURNAL ENTRY [Cite as State v. Rossiter, 2004-Ohio-4727.] STATE OF OHIO ) IN THE COURT OF APPEALS )ss: NINTH JUDICIAL DISTRICT COUNTY OF WAYNE ) STATE OF OHIO Appellee C.A. No. 03CA0078 v. BRET M. ROSSITER Appellant

More information

CASE NO. 1D Roy W. Jordan, Jr., of Roy W. Jordan, Jr., P.A., West Palm Beach, for Appellant.

CASE NO. 1D Roy W. Jordan, Jr., of Roy W. Jordan, Jr., P.A., West Palm Beach, for Appellant. IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA SUSAN GENA, v. Appellant, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D11-1783

More information

IN THE SUPREME COURT OF FLORIDA. v. Case No.: SC ANSWER BRIEF ON JURISDICTION OF RESPONDENTS BARBARA REIS AND JOSEPH REIS

IN THE SUPREME COURT OF FLORIDA. v. Case No.: SC ANSWER BRIEF ON JURISDICTION OF RESPONDENTS BARBARA REIS AND JOSEPH REIS IN THE SUPREME COURT OF FLORIDA STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, a foreign corporation, Petitioner, v. Case No.: SC06-962 BARBARA REIS and JOSEPH REIS, Respondents. / ANSWER BRIEF ON JURISDICTION

More information

SUPREME COURT OF FLORIDA TALLAHASSEE, FLORIDA

SUPREME COURT OF FLORIDA TALLAHASSEE, FLORIDA SUPREME COURT OF FLORIDA TALLAHASSEE, FLORIDA NATIONWIDE MUTUAL FIRE INSURANCE : COMPANY, : : Petitioner, : CASE NO.: SC : v. : : HOWARD J. BEVILLE, JR., et al., : : Respondent. : : : ON DISCRETIONARY

More information

Case No IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT. TIMOTHY WHITE, ROBERT L. BETTINGER, and MARGARET SCHOENINGER,

Case No IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT. TIMOTHY WHITE, ROBERT L. BETTINGER, and MARGARET SCHOENINGER, Case: 12-17489 09/22/2014 ID: 9248883 DktEntry: 63 Page: 1 of 12 Case No. 12-17489 IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT TIMOTHY WHITE, ROBERT L. BETTINGER, and MARGARET SCHOENINGER,

More information

IN THE APPELLATE DIVISION OF THE CIRCUIT COURT ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY. Circuit Court Case No.

IN THE APPELLATE DIVISION OF THE CIRCUIT COURT ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY. Circuit Court Case No. IN THE APPELLATE DIVISION OF THE CIRCUIT COURT ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY Warren Redlich, Appellant vs. Circuit Court Case No. 2016-000045-AC-01 State of Florida, Appellee /

More information

IN THE SUPREME COURT OF FLORIDA

IN THE SUPREME COURT OF FLORIDA Filing # 15330977 Electronically Filed 06/27/2014 01:33:28 PM RECEIVED, 6/27/2014 13:38:48, John A. Tomasino, Clerk, Supreme Court MARVIN CASTELLANOS, IN THE SUPREME COURT OF FLORIDA vs. Petitioner, NEXT

More information

NO CV IN THE COURT OF APPEALS FIFTH JUDICIAL DISTRICT OF TEXAS DALLAS, TEXAS

NO CV IN THE COURT OF APPEALS FIFTH JUDICIAL DISTRICT OF TEXAS DALLAS, TEXAS ACCEPTED 225EFJ016538088 FIFTH COURT OF APPEALS DALLAS, TEXAS 11 October 11 P12:36 Lisa Matz CLERK NO. 05-11-01048-CV IN THE COURT OF APPEALS FIFTH JUDICIAL DISTRICT OF TEXAS DALLAS, TEXAS ROSSER B. MELTON,

More information

Third District Court of Appeal State of Florida, January Term, A.D. 2011

Third District Court of Appeal State of Florida, January Term, A.D. 2011 Third District Court of Appeal State of Florida, January Term, A.D. 2011 Opinion filed May 18, 2011. Not final until disposition of timely filed motion for rehearing. No. 3D10-1087 Lower Tribunal No. 09-44858

More information

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JANUARY TERM, A.D. 2003 STATE FARM MUTUAL AUTOMOBILE INSURANCE

More information