IN THE SUPREME COURT OF FLORIDA

Size: px
Start display at page:

Download "IN THE SUPREME COURT OF FLORIDA"

Transcription

1 Filing # E-Filed 02/22/ :20:05 PM IN THE SUPREME COURT OF FLORIDA JANE E. CAREY, ESQ., and JANE E. CAREY, P.A., Petitioners, CASE NO: SC17- v. RECEIVED, 02/22/ :23:34 PM, Clerk, Supreme Court TRACIE CORISTINE, Respondent. / PETITIONERS PETITION TO INVOKE ALL WRITS JURISDICTION Jane E. Carey, Esquire Carlton Pierce, Esquire Attorney for Jane E. Carey, Esquire Attorney for Jane E. Carey, P.A. 905 W. Colonial Dr. P.O. Box Orlando, FL West Palm Beach, FL Ofc.: (407) Ofc.: (407) Fax: (407) Fax: (407) jane.e.carey@gmail.com c_pierce1@hotmail.com hhmorall@janeecarey.com FBN: FBN:

2 Table of Contents Table of Citations i-ii Introduction Jurisdiction Statement of the Case Statement of the Facts Relief Sought Supporting Argument Standard of Review Issue I The Order upholds that trial court s order that Fabre invalidates (sic) [ ] and vitiates Petitioners statutory right to file an action for contribution. Conclusion Certificate of Service Certificate of Compliance Table of Citations and Other Authorities Cases Birge v. Charron, 107 So.3d 350 (Fla. 2012)....7 Fabre v. Marin, 623 So.2d 1182 (Fla. 1993) passim Furqan v. State, 136 So.3d 636 (Fla. 2nd DCA 2013)..5 i

3 Gortz v. Lytal, Reiter, Clark, Sharpe, 769 So.2d 484 (Fla. 4th DCA 2000)..6 Harrell's Candy Kitchen, Inc. v. Sarasota-Manatee Airport Authority, 111 So.2d 439 (Fla. 1959) Jenkins v. State, 385 So.2d 1356 (Fla. 1980) Morris v. Agricultural and Mechanical Univ., 23 So.3d 167 (Fla. 5th DCA 2009)..5 Stallworth v. Moore, 827 So.2d 974 (Fla. 2002)...4 State v. Nagurney, 687 So.2d 336 (Fla. 4th DCA 1997)...passim T&S Enters. Handicap Accessibility, Inc. v. Wink Indus. Maint. & Repair, Inc., 11 So.3d 411 (Fla. 2nd DCA 2009). 7,8,9 Williams v. State, 913 So.2d 541 (Fl. 2005)...3 Zasula v. Kimpton Hotels and Restaurants, L.L.C., No CIV WI , *2 (S.D. Fla. 2011)....7 Other Authorities Art. V 3(b)(1), Fla. Const. 1,3,4 Art. V 3(b)(7), Fla. Const , Fla. Stat. (2016).passim , Fla. Stat. (2016). passim , Fla. Stat. (2016)....6 Fla. R. App. P (a)(1)(A)(ii)..1 Fla. R. App. P (a)(3).1 Fla. R. App. P Fla. R. Civ. P passim ii

4 Introduction The Petitioners, Jane E. Carey, Esquire and Jane E. Carey, P.A., seek to invoke this Court s all writs jurisdiction review of the Fifth District Court of Appeal s Order denying their petition for certiorari review. Jane E. Carey, Esquire and Jane E. Carey, P.A., shall be referred to as Petitioners. Tracie Coristine, shall be referred to as Respondent. The Fifth District Court of Appeals shall be referred to as district court. Judge John E. Jordan, shall be referred to as judge and trial court. References to the Appendix will be made by using the symbol (A-x). References to the transcript dated June 21, 2016 shall be made using the symbol (T 1 -x). Jurisdiction This Court has jurisdiction pursuant to Art. V 3(b)(1), Art. V 3(b)(7), Fla. R. App. P (a)(1)(A)(ii), and Fla. R. App. P (a)(3). Statement of the Case This is a petition to invoke this Court s all writs jurisdiction to review the district court s Order denying Petitioners petition for writ of certiorari entered on January 24, Carey v. Coristine ~ (1 of 11)

5 Statement of the Facts On May 1, 2016, Petitioners filed their Motion for Leave to File Third Party Complaints and Join Third Party Defendants (Motion) requesting, inter alia, to join third-party defendants pursuant to (A-4-5). On June 21, 2016, a hearing was conducted on Petitioners Motion and the trial court took same under advisement. (T ). On July 6, 2016, the trial court entered its order that held, inter alia, obsolete/invalid. (A-12-15). On July 26, 2016 Petitioners filed their Notice of Appeal of the order. (A-11). On August 1, 2016, Petitioners filed their Motion to Treat Notice of Appeal as Petition for Writ of Certiorari. (A-7-15). On August 2, 2016, the district court entered its order that the appeal would be treated as a Petition for Writ of Certiorari. (A-16). On August 9, 2016, Petitioners filed their Petition for Writ of Certiorari. (A-17-45). On August 9, 2016, Respondent filed her Response to the Petition for Writ of Certiorari. (A-46-59). On August 9, 2016, Petitioners filed their Reply to the Response. (A-60-72). On January 24, 2017, the district court entered its Order denying their petition for writ of certiorari. (A-1). Carey v. Coristine ~ (2 of 11)

6 On February 6, 2017, Petitioners filed their Motion for Written Opinion citing, inter alia, the trial court s invalidation of (A-73-76). On February 16, 2017, Respondent filed her Response to Petitioners Motion for Written Opinion. (A-77-80). Relief Sought Petitioners seek issuance of a writ quashing the district court s Order and directing the trial court to allow Petitioners to use their statutory right to contribution pursuant to and serve third-party complaints related thereto. Supporting Argument Standard of Review A petitioning party for all writs must demonstrate that this Court will have ultimate jurisdiction imposed [elsewhere in the constitution]. See Williams v. State, 913 So.2d 541, 543 (Fl. 2005). The all writs provision does not constitute a separate source of original or appellate jurisdiction. Rather, it operates as an aid to the Court in exercising its "ultimate jurisdiction," conferred elsewhere in the constitution. Id. The Court s ultimate constitutional jurisdiction pursuant to Art. V 3(b)(1) is implicated herein since this case involves a decision of the district court of appeal that let stand the trial court s order that held a statute obsolete/invalid. Carey v. Coristine ~ (3 of 11)

7 This Court has held that it would not review per curiam decisions with the single word affirmed as same was not a method of expressing. See Jenkins v. State, 385 So.2d 1356, 1359 (Fla. 1980). This holding and reasoning were extended to per curiam denied decisions in Stallworth v. Moore, 827 So.2d 974, (Fla. 2002). The decision herein is not a per curiam denied decision as defined in Stallworth but a decision that expresses that it is denied on the merits raised in the petition, amended petition, response, reply, and the trial court s order. In an abundance of caution, Petitioners filed a Motion for Written Opinion in the district court but a decision on the motion had not been rendered before this Petition. Respondent also filed a response to Petitioners' Motion for Written Opinion and did not discuss Jenkins, Stallworth, the invalidation of , or the impact of the on the merits decision entered by the district court. Her statement that the Order appears to be a per curiam denial reinforces the fact that the decision is something more than a per curiam denial and that same should be addressed by this Court. (A-79). This case is distinguished from Jenkins and Stallworth as it presents facts that demonstrate that the Court s all writs jurisdiction is properly raised as the trial court and district court have passed on the validity of a statute and same directly implicates this Court s ultimate jurisdiction as Art. V 3(b)(1) states that this Court Shall hear appeals from final judgments of trial courts imposing the death penalty Carey v. Coristine ~ (4 of 11)

8 and from decisions of district courts of appeal declaring invalid a state statute or a provision of the state constitution. Emphasis added. Moreover, the doctrine of inherency further demonstrates that this matter is properly before the Court as the decision of the trial court passes on through the district court s decision. See Harrell's Candy Kitchen, Inc. v. Sarasota-Manatee Airport Authority, 111 So.2d 439, (Fla. 1959). Issue I The Order upholds the trial court s order that Fabre invalidates (sic) [ ] and vitiates Petitioners statutory right to file an action for contribution. The case sub judice is a suit for malpractice where the trial court found that third parties may be liable for Respondent s loss and named them Fabre defendants; however, the trial court entered an order that, inter alia, denied Petitioners request to have the Fabre defendants joined as defendants in the action because Fabre made (sic) [ ] obsolete/invalid. The trial court consistently ruled in reference to ; however, Petitioners never sought contribution under that statute but contribution pursuant to There is a statutory right to contribution pursuant to (2). An order that denies a statutory right is reversed on review. State v. Nagurney, 687 So.2d 336, 336 (Fla. 4th DCA 1997); Furqan v. State, 136 So.3d 636, 639 (Fla. 2nd DCA 2013); and, Morris v. Agricultural and Mechanical Univ., 23 So.3d 167, 169- Carey v. Coristine ~ (5 of 11)

9 170 (Fla. 5th DCA 2009). Florida Rule of Civil Procedure provides that at any time after commencement of the action a defendant may have a summons and complaint served on a person not a party to the action who is or may be liable to the defendant for all or part of the plaintiff s claim against the defendant, and may also assert any other claim that arises out of the transaction or occurrence that is the subject matter of the plaintiff s claim. The policy behind the rule is to avoid multiple actions. Gortz v. Lytal, Reiter, Clark, Sharpe, 769 So.2d 484,486 (Fla. 4th DCA 2000). In Nagurney, the state appealed an order that denied restitution for the victim s hospital bills. See Nagurney at 337. The trial court s basis of denial was that it found restitution inapplicable on the sole grounds [it] had denied the State s request to reserve jurisdiction for restitution. Id. The trial court s refusal to reserve jurisdiction effectively denied the victim his statutory right to restitution pursuant to (1)(a). Id. In reversing the trial court, the appellate court held that the victim s right to restitution was statutorily mandatory absent clear and compelling reasons not to do so and said denial must be done in accordance with the statute. Id. In the case at bar, the applicable portion of the trial court s order relating to (sic) [ ] reads as follows: 2. Based on Defendants theory regarding appellate counsel s potential liability, this Court previously classified appellate counsel as Carey v. Coristine ~ (6 of 11)

10 Fabre Defendants. (sic) pursuant to Fabre v. Marin, 623 So.2d 1182, 1186 (Fla. 1993). Generally, Fabre Defendants are non-parties who are deemed partially responsible for Plaintiff s damages, and by adequately naming Fabre Defendants and proving their fault, a defendant can diminish his liability to the plaintiff based on the comparative fault of others... Birge v. Charron, 107 So.3d 350, 356 (Fla. 2012). See also (3), Fla. Stat. (2016). 3. Defendants wish to assert third-party claims in indemnity, contribution, and equitable subrogation against appellate counsel. With respect to the contribution and equitable subrogation claims, a third-party complaint is wholly unnecessary and obsolete with respect to Fabre Defendants. Contribution claims only allow recovery when a tortfeasor has paid more than his or her pro rata share of common liability. T&S Enters. Handicap Accessibility, Inc. v. Wink Indus. Maint & Repair, Inc, 11 So.3d 411, 412 (Fla. 2d DCA 2009). Thus, because in negligence actions governed by section , such as this one, a defendant s liability is limited to its own portion of fault, thirdparty contribution claims appear to have been rendered obsolete. Id. at 413. See also, Zasula v. Kimpton Hotels and Restaurants, L.L.C., No CIV WI , *2(S.D. Fla. 2011). The order states ; however, this Petition will presume that the trial court actually meant since the Motion clearly alleged that they had a right to contribution pursuant to and that said contribution claim could be brought by third-party complaint under Rule of Civil Procedure Paragraphs 2 and 3 appear to state that contribution claims are the same as comparative negligence claims although they are not. Further, the trial court appears to have misperceived, misconstrued, and or misunderstood the holding of T&S by finding that third-party claims for contribution appear to have been rendered obsolete as the actual language in T&S states: Carey v. Coristine ~ (7 of 11)

11 The rationale was that rule 1.180, Florida Rules of Civil Procedure, provides for third-party actions against a person not a party to the main action who is or may be liable to a named defendant for all or a part of the plaintiff's claim. The opinions reasoned that the Uniform Contribution Among Tortfeasors Act does not provide that the Act is the only procedural vehicle available to a defendant seeking contribution. Since the Act was, at least in part, procedural, it was subject to the rule making authority of the supreme court, and rule permitted the third-party action as part of the original plaintiff's case. All of these cases, however, were decided before the current version of section was enacted. That section now provides that in negligence cases such as this one, the court shall enter judgment against each party liable on the basis of such party's percentage of fault "and not on the basis of the doctrine of joint and several liability." (3). In order to allocate any fault to a nonparty, a defendant must affirmatively plead this fault and prove it at trial "by a preponderance of the evidence." (3)(a) & (b). In this case, very similar procedures are available to T & S, except that Wink would not be a named party. T & S has the opportunity to plead that Wink is partially or completely at fault and the cause of the plaintiffs' injuries. The evidence would presumably be the same whether presented in this case under the provisions of section (3) or in an action brought under the Uniform Contribution Among Tortfeasors Act. The jury would determine the same issues under section (3) as it would in a third-party action, and it is unlikely that T & S will be required to pay more than its pro rata share of any common liability. While the cases cited in this opinion may not have been overruled by the enactment of the current version of section , they appear to have been rendered obsolete, at least in cases like this one. T&S The language of the trial court s order passes upon the validity of Carey v. Coristine ~ (8 of 11)

12 and by holding same were made obsolete/invalid by Fabre. T&S s holding never states or suggests that Fabre made or obsolete/invalid; rather, it reenforces a party s right to implead third parties pursuant to rule and Thus, the trial court s finding and rationale are contradicted by the very case upon which they rely. Moreover, there is nothing in any of the cases cited by the trial court that finds or holds that Fabre vitiates a petitioner s statutory right to file an action for contribution pursuant to or comparative negligence pursuant to or invalidates the aforementioned statutes. The trial court s reliance on the Fabre language in (3)(a)1 as controlling for is misplaced. The Fabre language in (3)(a)1 is [i]n order to allocate any or all fault to a nonparty, a defendant must affirmatively plead the fault of a nonparty and, absent a showing of good cause, identify the nonparty, if known, or describe the nonparty as specifically as practicable, either by motion or in the initial responsive pleading when defenses are first presented, subject to amendment any time before trial in accordance with the Florida Rules of Civil Procedure. However, a cursory review of demonstrates that there is no such corresponding language and the word nonparty is never used; therefore, the statute is designed specifically for parties and third-parties where third-parties are appropriately joined pursuant to Fla. R. Civ. P The case at bar is on all fours with Nagurney as the trial court herein, like Carey v. Coristine ~ (9 of 11)

13 the trial court therein, denied a party s statutory right without articulating a legitimate basis supported by competent, substantial evidence. This case is more compelling as the trial court herein, unlike the trial court therein, has relied on the incorrect statute and caselaw to deny that statutory right. This Court, like the Nagurney court, should quash the district court s Order and remand with directions to order the trial court to allow Petitioners to exercise their statutory right to bring an action for contribution pursuant to The trial court's order and the district court's affirmance would have far reaching impact in the Ninth Judicial circuit and potentially beyond as defendants armed with the trial court's decision could claim that they should not be joined as direct parties pursuant to and because they could simply be named Fabre defendants. Then, after judgment, the Fabre defendants could make the claim that they were not parties to the action when the plaintiff(s) attempted to collect on the judgment. The holding would upset contract and statutory law as and are two of the bulwarks therein. Precluding a party from using and is of exceptional importance as it would prevent a party from utilizing a statutory right that could impact thousands of civil cases each day and result in denying litigants their fundamental legal and due process rights. Carey v. Coristine ~ (10 of 11)

14 Conclusion The review and writ should be granted and the district court s Order should be quashed as it supports the trial court s invalidation of and WHEREFORE, Petitioners, Jane E. Carey, Esquire and Jane E. Carey, P.A., pray that this Court will grant their Petition to Invoke All Writs Jurisdiction to review the Order that invalidates and Certificate of Service I certify that a copy hereof has been furnished to James P. Kelaher, Esquire, 800 N. Magnolia Ave., Suite 1301, Orlando, FL and Jane E. Carey, Esquire, 905 W. Colonial Dr., Orlando, FL via on February 22, Certificate of Compliance I certify that this Petition is computer-generated in Times New Roman 14- point font and complies with Fla. R. App. P s/ Jane E. Carey Jane E. Carey, Esquire Carlton Pierce, Esquire Attorney for Jane E. Carey, Esquire Attorney for Jane E. Carey, P.A. 905 W. Colonial Dr. P.O. Box Orlando, FL West Palm Beach, FL Ofc.: (407) Ofc.: (407) Fax: (407) Fax: (407) jane.e.carey@gmail.com c_pierce1@hotmail.com hhmorall@janeecarey.com FBN: FBN: Carey v. Coristine ~ (11 of 11)

IN THE SUPREME COURT OF THE STATE OF FLORIDA. CASE NO. SC: 4 th DCA CASE NO: 4D STATE OF FLORIDA, Petitioner, vs. SALVATORE BENNETT,

IN THE SUPREME COURT OF THE STATE OF FLORIDA. CASE NO. SC: 4 th DCA CASE NO: 4D STATE OF FLORIDA, Petitioner, vs. SALVATORE BENNETT, IN THE SUPREME COURT OF THE STATE OF FLORIDA CASE NO. SC: 4 th DCA CASE NO: 4D04-4825 STATE OF FLORIDA, Petitioner, vs. SALVATORE BENNETT, Respondent. PETITIONER'S BRIEF ON JURISDICTION CHARLES J. CRIST,

More information

IN THE SUPREME COURT OF FLORIDA

IN THE SUPREME COURT OF FLORIDA IN THE SUPREME COURT OF FLORIDA WILLIAM E. WILLIAMSON, v. Petitioner, Case No. SC08-2192 STATE OF FLORIDA, Respondent. / JURISDICTIONAL BRIEF OF RESPONDENT BILL MCCOLLUM ATTORNEY GENERAL TRISHA MEGGS PATE

More information

IN THE SUPREME COURT OF FLORIDA. Petitioner, Case No. SC JURISDICTIONAL BRIEF OF RESPONDENT PAMELA JO BONDI ATTORNEY GENERAL

IN THE SUPREME COURT OF FLORIDA. Petitioner, Case No. SC JURISDICTIONAL BRIEF OF RESPONDENT PAMELA JO BONDI ATTORNEY GENERAL Electronically Filed 06/27/2013 12:18:58 PM ET RECEIVED, 6/27/2013 12:23:39, Thomas D. Hall, Clerk, Supreme Court IN THE SUPREME COURT OF FLORIDA JOHNNIE LEE REMBERT, v. Petitioner, Case No. SC13-1125

More information

IN THE SUPREME COURT OF THE STATE OF FLORIDA. CASE NO. SC (4 th DCA 4D ) MALCOLM HOSWELL, Petitioner, vs. STATE OF FLORIDA, Respondent.

IN THE SUPREME COURT OF THE STATE OF FLORIDA. CASE NO. SC (4 th DCA 4D ) MALCOLM HOSWELL, Petitioner, vs. STATE OF FLORIDA, Respondent. IN THE SUPREME COURT OF THE STATE OF FLORIDA CASE NO. SC05-1298 (4 th DCA 4D05-1624) MALCOLM HOSWELL, Petitioner, vs. STATE OF FLORIDA, Respondent. RESPONDENT'S BRIEF ON JURISDICTION LAURA FISHER ZIBURA

More information

IN THE SUPREME COURT OF FLORIDA. Case No. SC06-56 BEVERLY PENZELL AND BANK OF AMERICA, N.A., Petitioners, vs.

IN THE SUPREME COURT OF FLORIDA. Case No. SC06-56 BEVERLY PENZELL AND BANK OF AMERICA, N.A., Petitioners, vs. IN THE SUPREME COURT OF FLORIDA Case No. SC06-56 BEVERLY PENZELL AND BANK OF AMERICA, N.A., Petitioners, vs. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, Respondent. RESPONDENT S ANSWER BRIEF

More information

Petitioner, Respondent.

Petitioner, Respondent. IN THE SUPREME COURT OF THE STATE OF FLORI l3 FEB 8 p CASE NO. SC12-1315 gy (4'h DCA 4D10-4525) NYKA O' CONNOR, Petitioner, Vs. STATE OF FLORIDA, Respondent. RESPONDENT'S BRIEF ON JURISDICTION PAMELA JO

More information

IN Tl le SUPREME COURT FOR THE STATE OF FLORIDA. CASE NO. SCl3-153 L. T. CASR NOS.; 4DI J-4801, CA COCE

IN Tl le SUPREME COURT FOR THE STATE OF FLORIDA. CASE NO. SCl3-153 L. T. CASR NOS.; 4DI J-4801, CA COCE E]cctronically Filed 07/01/2013 (M:47:23 PM ET RECEIVED. 7/]/2013 l6:48:35. Thomas D. Hall. Clerk. Supreme Court IN Tl le SUPREME COURT FOR THE STATE OF FLORIDA CASE NO. SCl3-153 L. T. CASR NOS.; 4DI J-4801,

More information

IN THE SUPREME COURT OF FLORIDA. Petitioner, Case No. SC JURISDICTIONAL BRIEF OF RESPONDENT

IN THE SUPREME COURT OF FLORIDA. Petitioner, Case No. SC JURISDICTIONAL BRIEF OF RESPONDENT IN THE SUPREME COURT OF FLORIDA DELMART E.J.M. VREELAND, II, v. Petitioner, Case No. SC11-2238 STATE OF FLORIDA, Respondent. JURISDICTIONAL BRIEF OF RESPONDENT PAMELA JO BONDI ATTORNEY GENERAL TRISHA MEGGS

More information

IN THE SUPREME COURT STATE OF FLORIDA. CASE NO.: SC FOURTH DCA CASE NO.: 4D L.T. No.: (27)

IN THE SUPREME COURT STATE OF FLORIDA. CASE NO.: SC FOURTH DCA CASE NO.: 4D L.T. No.: (27) IN THE SUPREME COURT STATE OF FLORIDA CASE NO.: SC08-1689 FOURTH DCA CASE NO.: 4D07-1153 L.T. No.: 0120551 (27) ANNA JANE JOHNSON, individually and as Personal Representative of the Estate of Gene Johnson,

More information

IN THE SUPREME COURT OF FLORIDA

IN THE SUPREME COURT OF FLORIDA IN THE SUPREME COURT OF FLORIDA STERLING R. LANIER, JR. v. Petitioner, Case No. SC08-19 STATE OF FLORIDA, Respondent. / AMENDED JURISDICTIONAL BRIEF OF RESPONDENT BILL MCCOLLUM ATTORNEY GENERAL TRISHA

More information

IN THE SUPREME COURT OF FLORIDA

IN THE SUPREME COURT OF FLORIDA IN THE SUPREME COURT OF FLORIDA KEVIN TRACY. v. Petitioner, Case No. SC07-2057 STATE OF FLORIDA, Respondent. / JURISDICTIONAL BRIEF OF RESPONDENT BILL MCCOLLUM ATTORNEY GENERAL TRISHA MEGGS PATE TALLAHASSEE

More information

IN THE SUPREME COURT OF FLORIDA. Petitioner, CASE NO. SC JURISDICTIONAL BRIEF OF RESPONDENT

IN THE SUPREME COURT OF FLORIDA. Petitioner, CASE NO. SC JURISDICTIONAL BRIEF OF RESPONDENT IN THE SUPREME COURT OF FLORIDA JESSE JAMES HURRY, v. Petitioner, CASE NO. SC09-980 STATE OF FLORIDA, Respondent. JURISDICTIONAL BRIEF OF RESPONDENT BILL MCCOLLUM ATTORNEY GENERAL TRISHA MEGGS PATE TALLAHASSEE

More information

IN THE SUPREME COURT OF FLORIDA PETITIONER'S JURISDICTIONAL BRIEF

IN THE SUPREME COURT OF FLORIDA PETITIONER'S JURISDICTIONAL BRIEF IN THE SUPREME COURT OF FLORIDA CHARLES WILLIAMS, pro se, Defendant/Petitioner, CASE NO.: SC13- I v. 4th DCA NO.: 4D11-4882 STATE OF FLORIDA, PlaintifflRespondent. PETITIONER'S JURISDICTIONAL BRIEF On

More information

IN THE SUPREME COURT OF FLORIDA RESPONDENT, CITY OF LARGO, ANSWER BRIEF ON JURISDICTION IN RESPONSE TO PETITIONER'S AMENDED BRIEF

IN THE SUPREME COURT OF FLORIDA RESPONDENT, CITY OF LARGO, ANSWER BRIEF ON JURISDICTION IN RESPONSE TO PETITIONER'S AMENDED BRIEF IN THE SUPREME COURT OF FLORIDA MARY KATHERINE DAY-PETRANO CASE NO. SC05-1181 L.T. 2D04-4867 Petitioner, v. PINELLAS COUNTY AND CIRCUIT COURTS OF THE SIXTH JUDICIAL CIRCUIT OF FLORIDA; STATE OF FLORIDA;

More information

IN THE SUPREME COURT OF FLORIDA

IN THE SUPREME COURT OF FLORIDA IN THE SUPREME COURT OF FLORIDA LESTER SMULL, Petitioner, CASE NO.: 4 TH DCA CASE NO.:4D02-1818 v. THE TOWN OF JUPITER, a Florida municipal corporation Respondent. / PETITIONER S BRIEF ON JURISDICTION

More information

IN THE SUPREME COURT OF THE STATE OF FLORIDA

IN THE SUPREME COURT OF THE STATE OF FLORIDA IN THE SUPREME COURT OF THE STATE OF FLORIDA CASE NO. SC10-2419 PARAVANT, INC., 5 DCA CASE NO. 5D09-2143 a Florida Corporation and PARAVANT COMPUTER SYSTEMS, INC. A Florida Corporation, Petitioners; v.

More information

IN THE SUPREME COURT OF FLORIDA CASE NO.: SC

IN THE SUPREME COURT OF FLORIDA CASE NO.: SC IN THE SUPREME COURT OF FLORIDA CASE NO.: SC07-1672 PETER SPOREA, ET AL., Petitioners, vs. CITY OF POMPANO BEACH, FLORIDA, Respondent. RESPONDENT S AMENDED ANSWER BRIEF ON JURISDICTION On Appeal from the

More information

v. CASE NO.: 2007-CA O Writ No.: STATE OF FLORIDA, DEPARTMENT OF HIGHWAY SAFETY & MOTOR VEHICLES, DIVISION OF DRIVER LICENSES,

v. CASE NO.: 2007-CA O Writ No.: STATE OF FLORIDA, DEPARTMENT OF HIGHWAY SAFETY & MOTOR VEHICLES, DIVISION OF DRIVER LICENSES, IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA STANLEY DROZD, Petitioner, v. CASE NO.: 2007-CA-3016--O Writ No.: 07-18 STATE OF FLORIDA, DEPARTMENT OF HIGHWAY SAFETY

More information

CASE NO. SC L.T. CASE NO. 4D IN THE SUPREME COURT OF FLORIDA CATHERINE STANEK-COUSINS, Petitioner, STATE OF FLORIDA, Respondent.

CASE NO. SC L.T. CASE NO. 4D IN THE SUPREME COURT OF FLORIDA CATHERINE STANEK-COUSINS, Petitioner, STATE OF FLORIDA, Respondent. CASE NO. SC05-1987 L.T. CASE NO. 4D05-1129 ========================================================== IN THE SUPREME COURT OF FLORIDA CATHERINE STANEK-COUSINS, Petitioner, v. STATE OF FLORIDA, Respondent.

More information

IN THE SUPREME COURT OF FLORIDA TALLAHASSEE, FLORIDA RESPONDENTS ENGLEWOOD COMMUNITY HOSPITAL AND RSKCO S ANSWER BRIEF ON JURISDICTION

IN THE SUPREME COURT OF FLORIDA TALLAHASSEE, FLORIDA RESPONDENTS ENGLEWOOD COMMUNITY HOSPITAL AND RSKCO S ANSWER BRIEF ON JURISDICTION IN THE SUPREME COURT OF FLORIDA TALLAHASSEE, FLORIDA VICKI LUCAS, vs. Petitioner, ENGLEWOOD COMMUNITY HOSPITAL and RSKCO, CASE NO.: SC07-1736 L.T. Case No.: 1D06-5161 Respondents. / RESPONDENTS ENGLEWOOD

More information

IN THE SUPREME COURT STATE OF FLORIDA PRO-ART DENTAL LAB, INC. Petitioner, V-STRATEGIC GROUP, LLC. Respondent.

IN THE SUPREME COURT STATE OF FLORIDA PRO-ART DENTAL LAB, INC. Petitioner, V-STRATEGIC GROUP, LLC. Respondent. IN THE SUPREME COURT STATE OF FLORIDA CASE NO. SC07-1397 PRO-ART DENTAL LAB, INC. Petitioner, v. V-STRATEGIC GROUP, LLC Respondent. RESPONDENT V-STRATEGIC GROUP, LLC S BRIEF ON JURISDICTION ON DISCRETIONARY

More information

IN THE SUPREME COURT OF FLORIDA. Case No.: SC11- ALBERTO G. DAVID, JR., Petitioner, vs. LORETTA L. DAVID, Respondent.

IN THE SUPREME COURT OF FLORIDA. Case No.: SC11- ALBERTO G. DAVID, JR., Petitioner, vs. LORETTA L. DAVID, Respondent. IN THE SUPREME COURT OF FLORIDA Case No.: SC11- ALBERTO G. DAVID, JR., Petitioner, vs. LORETTA L. DAVID, Respondent. On Review from the District Court of Appeal, Fifth District, State of Florida Case No.:

More information

IN THE SUPREME COURT OF THE STATE OF FLORIDA CASE NO. SC BRIAN MEATON

IN THE SUPREME COURT OF THE STATE OF FLORIDA CASE NO. SC BRIAN MEATON IN THE SUPREME COURT OF THE STATE OF FLORIDA CASE NO. SC08-1524 Petitioner, BRIAN MEATON vs. CITY OF ST. PETERSBURG, FLORIDA Respondent. \ JURISDICTIONAL BRIEF JAMES A. SHEEHAN, ESQUIRE JAMES A. SHEEHAN

More information

v. CASE NO.: 2007-CA-5882-O Writ No.: STATE OF FLORIDA, DEPARTMENT OF HIGHWAY SAFETY & MOTOR VEHICLES, DIVISION OF DRIVER LICENSES,

v. CASE NO.: 2007-CA-5882-O Writ No.: STATE OF FLORIDA, DEPARTMENT OF HIGHWAY SAFETY & MOTOR VEHICLES, DIVISION OF DRIVER LICENSES, IN THE CIRCUITCOURT FOR THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA JASEN GENNINGER, Petitioner, v. CASE NO.: 2007-CA-5882-O Writ No.: 07-29 STATE OF FLORIDA, DEPARTMENT OF HIGHWAY SAFETY

More information

SUPREME COURT OF FLORIDA JAMES LEVOY WATERS, Petitioner, SHERIFF, ESCAMBIA COUNTY FLORIDA, Respondent. CASE NO. SC

SUPREME COURT OF FLORIDA JAMES LEVOY WATERS, Petitioner, SHERIFF, ESCAMBIA COUNTY FLORIDA, Respondent. CASE NO. SC Electronically Filed 08/26/2013 04:20:02 PM ET RECEIVED, 8/26/2013 16:23:40, Thomas D. Hall, Clerk, Supreme Court SUPREME COURT OF FLORIDA JAMES LEVOY WATERS, Petitioner, v. SHERIFF, ESCAMBIA COUNTY FLORIDA,

More information

SUPREME COURT OF FLORIDA STATE OF FLORIDA. Case No. SC

SUPREME COURT OF FLORIDA STATE OF FLORIDA. Case No. SC SUPREME COURT OF FLORIDA STATE OF FLORIDA Case No. SC08-2389 ERVIN A. HIGGS, as Property Appraiser of Monroe County, Florida 3D08-564 L.C. Case No. 2007-CA-000470-K v. Petitioner, WILLIAM LEO WARRICK,

More information

IN THE SUPREME COURT OF FLORIDA. Case No. SC BEST DIVERSIFIED, INC. and PETER HUFF. Petitioners, vs.

IN THE SUPREME COURT OF FLORIDA. Case No. SC BEST DIVERSIFIED, INC. and PETER HUFF. Petitioners, vs. IN THE SUPREME COURT OF FLORIDA Case No. SC06-1823 BEST DIVERSIFIED, INC. and PETER HUFF Petitioners, vs. OSCEOLA COUNTY, FLORIDA and STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, Respondents.

More information

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

IN THE SUPREME COURT OF FLORIDA CASE NO. SC DISTRICT COURT CASE NO. 4D Electronically Filed 10/09/2013 11:26:52 AM ET RECEIVED, 10/9/2013 11:28:34, Thomas D. Hall, Clerk, Supreme Court IN THE SUPREME COURT OF FLORIDA CASE NO. SC2013-1834 DISTRICT COURT CASE NO. 4D11-3004

More information

FINAL ORDER AFFIRMING TRIAL COURT. Appellant, Auto Glass Store, LLC d/b/a 800 A1 Glass, LLC ( Auto Glass ), timely

FINAL ORDER AFFIRMING TRIAL COURT. Appellant, Auto Glass Store, LLC d/b/a 800 A1 Glass, LLC ( Auto Glass ), timely IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA AUTO GLASS STORE, LLC d/b/a 800 A1 GLASS, LLC, CASE NO.: 2015-CV-000053-A-O Lower Case No.: 2013-SC-001101-O Appellant,

More information

IN THE SUPREME COURT OF FLORIDA CASE NO. SC MUHAMMAD RAHEEM TAQWA EL SUPREME KALIFA. Petitioner. GRADY JUDD, SHERIFF, et. al.

IN THE SUPREME COURT OF FLORIDA CASE NO. SC MUHAMMAD RAHEEM TAQWA EL SUPREME KALIFA. Petitioner. GRADY JUDD, SHERIFF, et. al. IN THE SUPREME COURT OF FLORIDA CASE NO. SC08-2487 MUHAMMAD RAHEEM TAQWA EL SUPREME KALIFA Petitioner v. GRADY JUDD, SHERIFF, et. al., Respondents ==========================================================

More information

SUPREME COURT OF FLORIDA. PETITIONER, CASE NO.: SC Lower Tribunal No.: 5D05- AMENDED PETITIONER S BRIEF ON JURISDICTION

SUPREME COURT OF FLORIDA. PETITIONER, CASE NO.: SC Lower Tribunal No.: 5D05- AMENDED PETITIONER S BRIEF ON JURISDICTION SUPREME COURT OF FLORIDA ELIAS MORALES, ET AL. 4295 vs. PETITIONER, CASE NO.: SC06-1322 Lower Tribunal No.: 5D05- LETICIA J. MARQUES, RESPONDENT. / AMENDED PETITIONER S BRIEF ON JURISDICTION Elias Morales,

More information

IN THE SUPREME COURT OF THE STATE OF FLORIDA CASE NO. SC CLEO LECROY, Petitioner, vs. STATE OF FLORIDA, Respondent.

IN THE SUPREME COURT OF THE STATE OF FLORIDA CASE NO. SC CLEO LECROY, Petitioner, vs. STATE OF FLORIDA, Respondent. IN THE SUPREME COURT OF THE STATE OF FLORIDA CASE NO. SC 07-1021 CLEO LECROY, Petitioner, vs. STATE OF FLORIDA, Respondent. RESPONDENT'S BRIEF ON JURISDICTION BILL MCCOLLUM Attorney General Tallahassee,

More information

IN THE SUPREME COURT OF FLORIDA

IN THE SUPREME COURT OF FLORIDA IN THE SUPREME COURT OF FLORIDA ANTHONY FRANCIS, Petitioner, vs. CASE NO. SC07-1020 (L.T. CASE NO. 4D05-4542 STATE OF FLORIDA, Respondent. PETITIONER=S BRIEF ON JURISDICTION On Review from the District

More information

IN THE SUPREME COURT OF FLORIDA TALLAHASSEE, FLORIDA RESPONDENT HENRY ANDREW HACSI S BRIEF ON JURISDICTION

IN THE SUPREME COURT OF FLORIDA TALLAHASSEE, FLORIDA RESPONDENT HENRY ANDREW HACSI S BRIEF ON JURISDICTION IN THE SUPREME COURT OF FLORIDA TALLAHASSEE, FLORIDA CYNTHIA MARTIN, vs. Petitioner, HENRY ANDREW HACSI, CASE NO.: SC05-1857 L.T. Case No.: 5D04-2807 Respondent. / RESPONDENT HENRY ANDREW HACSI S BRIEF

More information

IN THE SUPREME COURT OF THE STATE OF FLORIDA

IN THE SUPREME COURT OF THE STATE OF FLORIDA IN THE SUPREME COURT OF THE STATE OF FLORIDA NICHOLAS J. MORANA and ANN L. MORANA, Petitioners, v. Case No.: SC-08-988 HERNANDO COUNTY, etc., and KAREN NICOLAI, in her Official Capacity as the Hernando

More information

IN THE SUPREME COURT OF THE STATE OF FLORIDA. Case No.: SC District Court Case No.: 4D CYBERKNIFE CENTER OF THE TREASURE COAST, LLC,

IN THE SUPREME COURT OF THE STATE OF FLORIDA. Case No.: SC District Court Case No.: 4D CYBERKNIFE CENTER OF THE TREASURE COAST, LLC, IN THE SUPREME COURT OF THE STATE OF FLORIDA Case No.: SC11-1914 District Court Case No.: 4D11-484 CYBERKNIFE CENTER OF THE TREASURE COAST, LLC, Petitioner, vs. HCA HEALTH SERVICES OF FLORIDA, INC. D/B/A

More information

Petitioner, WRIT NO.: 07-16

Petitioner, WRIT NO.: 07-16 IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA ARIAN NIKJEH, CASE NO.: 2007-CA-002608-O Petitioner, WRIT NO.: 07-16 v. STATE OF FLORIDA, DEPARTMENT OF HIGHWAY SAFETY

More information

SUPREME COURT OF FLORIDA CASE NO.: ST. JOHNS COUNTY, Petitioner, ROBERT & LINNIE JORDAN, et al., Respondents.

SUPREME COURT OF FLORIDA CASE NO.: ST. JOHNS COUNTY, Petitioner, ROBERT & LINNIE JORDAN, et al., Respondents. SUPREME COURT OF FLORIDA CASE NO.: ST. JOHNS COUNTY, Petitioner, v. ROBERT & LINNIE JORDAN, et al., Respondents. ON REVIEW FROM THE DISTRICT COURT OF APPEAL FIFTH DISTRICT, STATE OF FLORIDA L.T. CASE NOS:

More information

IN THE SUPREME COURT OF FLORIDA

IN THE SUPREME COURT OF FLORIDA IN THE SUPREME COURT OF FLORIDA CORBBLIN BUSH, v. Petitioner, STATE OF FLORIDA, et al., Supreme Court Case No.: SC04-2306 DCA Case No.: 5D04-42 L.T. Case No.: 90-3798-CFA Respondents. Petitioner Corbblin

More information

IN THE SUPREME COURT OF THE STATE OF FLORIDA

IN THE SUPREME COURT OF THE STATE OF FLORIDA IN THE SUPREME COURT OF THE STATE OF FLORIDA ANDERSON COLUMBIA and ) COMMERCIAL RISK MANAGEMENT, ) INC., ) ) Petitioners, ) ) Case No: SC05-1073 vs. ) ) JAMES BROWN, ) ) Respondent. ) ) ) ON PETITION FOR

More information

IN THE SUPREME COURT OF FLORIDA

IN THE SUPREME COURT OF FLORIDA IN THE SUPREME COURT OF FLORIDA JOY CHATLOS D ARATA, etc., Petitioner, vs. Case No. SC04-2097 DCA Cases Nos. 5D02-3330 & 5D02-3590 (Consolidated Appeals) THE CHATLOS FOUNDATION, INC., et al. Respondents.

More information

IN THE SUPREME COURT OF FLORIDA. v. Lower Tribunal No. 2D ON PETITION FOR DISCRETIONARY JURISDICTION BASED ON ALLEGED CONFLICT OF DECISIONS

IN THE SUPREME COURT OF FLORIDA. v. Lower Tribunal No. 2D ON PETITION FOR DISCRETIONARY JURISDICTION BASED ON ALLEGED CONFLICT OF DECISIONS Electronically Filed 07/31/2013 04:44:07 PM ET RECEIVED, 7/31/2013 16:48:32, Thomas D. Hall, Clerk, Supreme Court IN THE SUPREME COURT OF FLORIDA ROBERT VON GOETZMAN Petitioner/Pro Se SC No. 13-9999 v.

More information

IN THE SUPREME COURT OF FLORIDA. DAPHNE ELAINE HENSON, Florida Second District Court of Appeal Case Appellee. Number: 2D /

IN THE SUPREME COURT OF FLORIDA. DAPHNE ELAINE HENSON, Florida Second District Court of Appeal Case Appellee. Number: 2D / IN THE SUPREME COURT OF FLORIDA DOUGLAS LEE HENSON Appellant, Case Nos. SC06-1003 v. DAPHNE ELAINE HENSON, Florida Second District Court of Appeal Case Appellee. Number: 2D06-826 / APPELLEE'S BRIEF ON

More information

PETITONER'S BRIEF ON JURISDICTION

PETITONER'S BRIEF ON JURISDICTION IN THE SUPREME COURT OF FLORIDA CASE NO: DISTRICT COURT CASE No: 4D13-717 MINERVA MARIE MENDEZ, Petitioner, 3 vs. INTEGON INDEMNITY CORPORATION, Respondent, ON APPEAL FROM THE DISTRICT COURT OF APPEAL

More information

IN THE SUPREME COURT OF FLORIDA CASE NO. SC12- DEMARIOUS CALDWELL, Petitioner, - versus - STATE OF FLORIDA, Respondent.

IN THE SUPREME COURT OF FLORIDA CASE NO. SC12- DEMARIOUS CALDWELL, Petitioner, - versus - STATE OF FLORIDA, Respondent. IN THE SUPREME COURT OF FLORIDA CASE NO. SC12- DEMARIOUS CALDWELL, Petitioner, - versus - STATE OF FLORIDA, Respondent. ON APPEAL FROM THE FOURTH DISTRICT COURT OF APPEAL CASE NO. 4D10-3345 RESPONDENT

More information

IN THE SUPREME COURT OF FLORIDA S. CT. CASE NO. SC

IN THE SUPREME COURT OF FLORIDA S. CT. CASE NO. SC IN THE SUPREME COURT OF FLORIDA WILFRID METELLUS, Petitioner, S. CT. CASE NO. SC02-1494 vs. DCA CASE NO. 5D01-1044 STATE OF FLORIDA, Respondent. / ON DISCRETIONARY REVIEW FROM THE DISTRICT COURT OF APPEAL,

More information

IN THE SUPREME COURT STATE OF FLORIDA. Case No. SC BETTY JEAN MANN, Petitioner,

IN THE SUPREME COURT STATE OF FLORIDA. Case No. SC BETTY JEAN MANN, Petitioner, IN THE SUPREME COURT STATE OF FLORIDA Case No. SC02-2646 BETTY JEAN MANN, Petitioner, v. BOARD OF COUNTY COMMISSIONERS OF ORANGE COUNTY, FLORIDA and ORANGE COUNTY PUBLIC SCHOOLS Respondents. PETITIONER

More information

SUPREME COURT OF FLORIDA CASE NO.: SC PUTNAM COUNTY, Petitioner, JOHN EDMONDS and MARY EDMONDS., Respondent.

SUPREME COURT OF FLORIDA CASE NO.: SC PUTNAM COUNTY, Petitioner, JOHN EDMONDS and MARY EDMONDS., Respondent. SUPREME COURT OF FLORIDA CASE NO.: SC12-1665 PUTNAM COUNTY, Petitioner, v. JOHN EDMONDS and MARY EDMONDS., Respondent. ON REVIEW FROM THE DISTRICT COURT OF APPEAL FIFTH DISTRICT, STATE OF FLORIDA L.T.

More information

IN THE SUPREME COURT OF FLORIDA CASE NO. SC HARVEY JAY WEINBERG and KENNETH ALAN WEINBERG,

IN THE SUPREME COURT OF FLORIDA CASE NO. SC HARVEY JAY WEINBERG and KENNETH ALAN WEINBERG, IN THE SUPREME COURT OF FLORIDA CASE NO. SC 06-1941 BETTY WEINBERG, v. Petitioner, HARVEY JAY WEINBERG and KENNETH ALAN WEINBERG, Respondents. On Petition For Discretionary Review Of A Decision Of The

More information

SUPREME COURT OF FLORIDA PETITIONER CRESCENT MIAMI CENTER, LLC S BRIEF ON JURISDICTION

SUPREME COURT OF FLORIDA PETITIONER CRESCENT MIAMI CENTER, LLC S BRIEF ON JURISDICTION SUPREME COURT OF FLORIDA CRESCENT MIAMI CENTER, LLC, vs. Petitioner, Supreme Court Case No. SC03-2063 THIRD DCA CASE NO. 02-3002 LT Case No. 00-21824 DEPARTMENT OF REVENUE, STATE OF FLORIDA, Respondent.

More information

In the Supreme Court of Florida

In the Supreme Court of Florida In the Supreme Court of Florida CASE NO. SC06-1808 GARY DOEHLA, Petitioner, v. JAMES J. CLINTON, III, Respondent. ON DISCRETIONARY REVIEW FROM THE THIRD DISTRICT COURT OF APPEAL PETITIONER S BRIEF ON JURISDICTION

More information

IN THE SUPREME COURT OF FLORIDA CASE NO. SC DCA Case No. 4D Florida Bar No

IN THE SUPREME COURT OF FLORIDA CASE NO. SC DCA Case No. 4D Florida Bar No DAVION MCKEITHAN, a minor, by and through his parent and next best friend, DELORES MCKEITHAN and DELORES MCKEITHAN, individually, IN THE SUPREME COURT OF FLORIDA CASE NO. SC04-1876 DCA Case No. 4D03-2154

More information

IN THE SUPREME COURT OF FLORIDA PETITIONER S BRIEF ON THE MERITS

IN THE SUPREME COURT OF FLORIDA PETITIONER S BRIEF ON THE MERITS IN THE SUPREME COURT OF FLORIDA Case No.: SC07-2095 Lower Tribunal No: 5D06-3875 AmerUs Life Insurance Co. Plaintiff/Petitioner, vs. Michael H. Lait and Michael H. Lait, P.A., Defendants/Respondents. /

More information

SUPREME COURT OF FLORIDA RESPONDENT S JURISDICTIONAL BRIEF

SUPREME COURT OF FLORIDA RESPONDENT S JURISDICTIONAL BRIEF Filing # 8803708 Electronically Filed 01/03/2014 05:25:42 PM RECEIVED, 1/3/2014 17:28:35, John A. Tomasino, Clerk, Supreme Court SUPREME COURT OF FLORIDA ANHEUSER-BUSCH COMPANIES, INC. and ANHEUSER-BUSCH,

More information

IN THE SUPREME COURT OF FLORIDA

IN THE SUPREME COURT OF FLORIDA IN THE SUPREME COURT OF FLORIDA Jerome S. Rydell and Dale E. Krueger, individually and derivatively, on behalf of the shareholders of Surf Tech International, Inc., and Sigma Financial Corporation, a Michigan

More information

IN THE SUPREME COURT OF FLORIDA. Case No. SC Third DCA Case Nos. 3D / 3D L.T. Case No CA 15

IN THE SUPREME COURT OF FLORIDA. Case No. SC Third DCA Case Nos. 3D / 3D L.T. Case No CA 15 IN THE SUPREME COURT OF FLORIDA Case No. SC08-1877 Third DCA Case Nos. 3D07-2875 / 3D07-3106 L.T. Case No. 04-17958 CA 15 VALAT INTERNATIONAL HOLDINGS, LTD. Petitioner, vs. MERRILL LYNCH & CO., INC. Respondent.

More information

Supreme Court of Florida

Supreme Court of Florida Supreme Court of Florida 89,005 AMENDMENT TO FLORIDA RULE OF APPELLATE PROCEDURE 9.020(a) AND ADOPTION OF FLORIDA RULE OF APPELLATE PROCEDURE 9.190. [September 27, 1996] PER CURIAM. The Appellate Rules

More information

IN THE SUPREME COURT OF FLORIDA CASE NO. SC04-338

IN THE SUPREME COURT OF FLORIDA CASE NO. SC04-338 IN THE SUPREME COURT OF FLORIDA CASE NO. SC04-338 R. BRENT MAGGIO, CRESTVIEW INVESTMENTS, INC., d/b/a CRESTVIEW NURSING AND CONVALESCENT HOME, FT. WALTON BEACH INVESTMENTS, INC., d/b/a FT. WALTON BEACH

More information

IN THE SUPREME COURT OF THE STATE OF FLORIDA. ELIAS AND DAHLIA MORALES, Appellants, Case No.: SC DCA Case No.: 5D vs.

IN THE SUPREME COURT OF THE STATE OF FLORIDA. ELIAS AND DAHLIA MORALES, Appellants, Case No.: SC DCA Case No.: 5D vs. IN THE SUPREME COURT OF THE STATE OF FLORIDA ELIAS AND DAHLIA MORALES, Appellants, Case No.: SC06-1322 DCA Case No.: 5D05-4925 vs. LETICIA J. MARQUES, Appellee. / APPEAL FROM THE FIFTH DISTRICT COURT OF

More information

IN THE SUPREME COURT OF FLORIDA. v. CASE NO. SC ON DISCRETIONARY REVIEW FROM THE FIFTH DISTRICT COURT OF APPEAL

IN THE SUPREME COURT OF FLORIDA. v. CASE NO. SC ON DISCRETIONARY REVIEW FROM THE FIFTH DISTRICT COURT OF APPEAL Electronically Filed 05/17/2013 11:04:14 AM ET RECEIVED, 5/17/2013 11:08:35, Thomas D. Hall, Clerk, Supreme Court IN THE SUPREME COURT OF FLORIDA MARK ERIC OSTERBACK, Petitioner, v. CASE NO. SC13-812 STATE

More information

NO SUPREME COURT OF FLORIDA WALTER WEISENBERG. Petitioner, vs. COSTA CROCIERE, S.p.A. Respondent.

NO SUPREME COURT OF FLORIDA WALTER WEISENBERG. Petitioner, vs. COSTA CROCIERE, S.p.A. Respondent. NO. 10-1256 SUPREME COURT OF FLORIDA WALTER WEISENBERG Petitioner, vs. COSTA CROCIERE, S.p.A. Respondent. On Appeal From the Third District Court of Appeal LT Case No(s): 3D07-555; 04-23514 PETITIONER

More information

STATEMENT OF THE CASE AND OF THE FACTS. Balis, M.D. (Dr. Balis), a neurosurgeon, and Chester E. Sutterlin, III, M.D. (Dr.

STATEMENT OF THE CASE AND OF THE FACTS. Balis, M.D. (Dr. Balis), a neurosurgeon, and Chester E. Sutterlin, III, M.D. (Dr. STATEMENT OF THE CASE AND OF THE FACTS Plaintiff, James S. Parham (Mr. Parham), who was an Assistant State Attorney, fell in the Hillsborough County Courthouse and injured his back. (R 27) His injuries

More information

Supreme Court of Florida

Supreme Court of Florida Supreme Court of Florida Nos. SC03-33 & SC03-97 PHILIP C. D'ANGELO, M.D., et al., Petitioners, vs. JOHN J. FITZMAURICE, et al., Respondents. JOHN J. FITZMAURICE, et al., Petitioners, vs. PHILIP C. D'ANGELO,

More information

IN THE DISTRICT COURT OF APPEAL FOR THE FIFTH DISTRICT, STATE OF FLORIDA. Case No. 5D

IN THE DISTRICT COURT OF APPEAL FOR THE FIFTH DISTRICT, STATE OF FLORIDA. Case No. 5D IN THE DISTRICT COURT OF APPEAL FOR THE FIFTH DISTRICT, STATE OF FLORIDA RECEIVED, 2/10/2017 6:32 PM, Joanne P. Simmons, Fifth District Court of Appeal Case No. 5D17-0287 On Appeal from a Final Order of

More information

SUPREME COURT OF FLORIDA CASE NO. SC ON DISCRETIONARY REVIEW FROM THE DISTRICT COURT OF APPEAL OF FLORIDA, THIRD DISTRICT

SUPREME COURT OF FLORIDA CASE NO. SC ON DISCRETIONARY REVIEW FROM THE DISTRICT COURT OF APPEAL OF FLORIDA, THIRD DISTRICT JOHN KISH and ELIZABETH KISH, vs. Petitioners, SUPREME COURT OF FLORIDA CASE NO. SC06-1523 METROPOLITAN LIFE INSURANCE COMPANY, Respondent. / ON DISCRETIONARY REVIEW FROM THE DISTRICT COURT OF APPEAL OF

More information

IN THE SUPREME COURT OF THE STATE OF FLORIDA. CASE NO. (4th DCA Case No. 4D ) STATE OF FLORIDA, Petitioner, vs. JESSIE HILL, Respondent.

IN THE SUPREME COURT OF THE STATE OF FLORIDA. CASE NO. (4th DCA Case No. 4D ) STATE OF FLORIDA, Petitioner, vs. JESSIE HILL, Respondent. IN THE SUPREME COURT OF THE STATE OF FLORIDA CASE NO. (4th DCA Case No. 4D02-3362) STATE OF FLORIDA, Petitioner, vs. JESSIE HILL, Respondent. PETITIONER'S BRIEF ON JURISDICTION CHARLES J. CRIST JR., Attorney

More information

IN THE SUPREME COURT OF FLORIDA

IN THE SUPREME COURT OF FLORIDA IN THE SUPREME COURT OF FLORIDA GEORGE GREEN, Petitioner/Appellant, vs. F.S.Ct. CASE NO. 4 TH DCA CASE NO. 4D05-2009 STATE OF FLORIDA, 4D05-2247 Respondent/Appellee. PETITIONER S BRIEF ON DISCRETIONARY

More information

SUPREME COURT STATE OF FLORIDA TALLAHASSEE, FLORIDA

SUPREME COURT STATE OF FLORIDA TALLAHASSEE, FLORIDA SUPREME COURT STATE OF FLORIDA TALLAHASSEE, FLORIDA FRANCIS D. PETSCH, CASE NO. SC04-917 Petitioner, v. ORKIN EXTERMINATING COMPANY, INC.; ROLLINS, INC; DAVID BERNSTEIN, individually, and RICK PROTHERO,

More information

KEON ROUSE, CASE NO.: CVA LOWER COURT CASE NO.:

KEON ROUSE, CASE NO.: CVA LOWER COURT CASE NO.: IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA KEON ROUSE, CASE NO.: CVA1 08-06 LOWER COURT CASE NO.: Appellant 2006-SC-8752 v. UNITED AUTOMOBILE INSURANCE COMPANY,

More information

IN THE SUPREME COURT OF FLORIDA CASE NO. SC INTERNATIONAL UNION OF POLICE ASSOCIATIONS, Petitioner, vs. STATE OF FLORIDA, Respondent.

IN THE SUPREME COURT OF FLORIDA CASE NO. SC INTERNATIONAL UNION OF POLICE ASSOCIATIONS, Petitioner, vs. STATE OF FLORIDA, Respondent. IN THE SUPREME COURT OF FLORIDA CASE NO. SC06-1148 INTERNATIONAL UNION OF POLICE ASSOCIATIONS, Petitioner, vs. STATE OF FLORIDA, Respondent. On Petition for Discretionary Review of the Opinion of the First

More information

IN THE SUPREME COURT OF FLORIDA. CERTAIN INTERESTED UNDERWRITERS AT LLOYD S LONDON SUBSCRIBING TO Case No. SC CERTIFICATE NUMBER TPCLDP217477,

IN THE SUPREME COURT OF FLORIDA. CERTAIN INTERESTED UNDERWRITERS AT LLOYD S LONDON SUBSCRIBING TO Case No. SC CERTIFICATE NUMBER TPCLDP217477, IN THE SUPREME COURT OF FLORIDA CERTAIN INTERESTED UNDERWRITERS AT LLOYD S LONDON SUBSCRIBING TO Case No. SC04-113 CERTIFICATE NUMBER TPCLDP217477, L.T. No. 2D03-1616; as subrogee of MYRIA MAJOR, 2D03-1916

More information

FLORIDA SUPREME COURT

FLORIDA SUPREME COURT FLORIDA SUPREME COURT JAMES KING, Appellant, CASE NO. : SC01-1883 v. STATE OF FLORIDA, Appellee. APPELLANT S INITIAL BRIEF ON THE MERITS On appeal from a question certified by the Fifth District Court

More information

IN THE DISTRICT COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT

IN THE DISTRICT COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT IN THE DISTRICT COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT STATE FARM FIRE AND CASUALTY COMPANY, an Illinois corporation, authorized to do business in Florida, Appellant, v. CASE NO. SC04-351 GREGG A.

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 BETHANY ARREDONDO, v. Appellant, STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, CASE NO.: CVA1-09-41 Lower Case No.:

More information

IN THE SUPREME COURT OF FLORIDA CASE NO.: SC11- THIRD DISTRICT CASE NO.: 3D UNITED AUTOMOBILE INSURANCE COMPANY a Florida Corporation,

IN THE SUPREME COURT OF FLORIDA CASE NO.: SC11- THIRD DISTRICT CASE NO.: 3D UNITED AUTOMOBILE INSURANCE COMPANY a Florida Corporation, IN THE SUPREME COURT OF FLORIDA CASE NO.: SC11- THIRD DISTRICT CASE NO.: 3D10-108 UNITED AUTOMOBILE INSURANCE COMPANY a Florida Corporation, Petitioner, -v- KENDALL SOUTH MEDICAL CENTER INC., & DAILYN

More information

FINAL ORDER GRANTING PETITION FOR WRIT OF CERTIORARI. Petitioner Mark Uiselli (Petitioner) timely filed this petition seeking certiorari review of

FINAL ORDER GRANTING PETITION FOR WRIT OF CERTIORARI. Petitioner Mark Uiselli (Petitioner) timely filed this petition seeking certiorari review of IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA CASE NO.: 2008-CA-12644 WRIT NO.: 08-43 MARK UISELLI, v. Petitioner, STATE OF FLORIDA, DEPARTMENT OF HIGHWAY SAFETY

More information

FINAL ORDER GRANTING PETITION FOR WRIT OF CERTIORARI. Florida Department of Highway Safety and Motor Vehicles (the Department) Final

FINAL ORDER GRANTING PETITION FOR WRIT OF CERTIORARI. Florida Department of Highway Safety and Motor Vehicles (the Department) Final IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA MARTIN PORTNOY, CASE NO.: 2008-CA-001253-O Petitioner, WRIT NO.: 08-8 v. STATE OF FLORIDA, DEPARTMENT OF HIGHWAY SAFETY

More information

IN THE SUPREME COURT OF FLORIDA CASE NO. SC JOSE VALDES and JUANA VALDES, his wife, Petitioners, vs.

IN THE SUPREME COURT OF FLORIDA CASE NO. SC JOSE VALDES and JUANA VALDES, his wife, Petitioners, vs. IN THE SUPREME COURT OF FLORIDA CASE NO. SC06-971 JOSE VALDES and JUANA VALDES, his wife, Petitioners, vs. GAB ROBINS NORTH AMERICA, INC., SOUTHERN UNDERWRITERS, INC., CAPITAL ASSURANCE SERVICES, INC.,

More information

IN THE CIRCUIT COURT FOR THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR ST LUCIE COUNTY, FLORIDA. APPELLATE DIVISION

IN THE CIRCUIT COURT FOR THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR ST LUCIE COUNTY, FLORIDA. APPELLATE DIVISION IN THE CIRCUIT COURT FOR THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR ST LUCIE COUNTY, FLORIDA. APPELLATE DIVISION Circuit Case No. 17-AP-37 Petition for Writ of Certiorari EDWARD KACZMARSKI, Petitioner,

More information

IN THE SUPREME COURT OF THE STATE OF FLORIDA TALLAHASSEE, FLORIDA

IN THE SUPREME COURT OF THE STATE OF FLORIDA TALLAHASSEE, FLORIDA IN THE SUPREME COURT OF THE STATE OF FLORIDA TALLAHASSEE, FLORIDA SUPREME COURT CASE NO.: SC11-734 THIRD DCA CASE NO. s: 3D09-3102 & 3D10-848 CIRCUIT CASE NO.: 09-25070-CA-01 UNITED AUTOMOBILE INSURANCE

More information

IN THE SUPREME COURT OF FLORIDA

IN THE SUPREME COURT OF FLORIDA IN THE SUPREME COURT OF FLORIDA CHARLES DAVID POPE, Petitioner, v. Case No. SC03-890 STATE OF FLORIDA, Respondent. / Fifth DCA Case No. 5D02-3594 ON DISCRETIONARY REVIEW FROM THE FIFTH DISTRICT COURT OF

More information

IN THE SUPREME COURT OF FLORIDA

IN THE SUPREME COURT OF FLORIDA IN THE SUPREME COURT OF FLORIDA CASE NO. SC11-352 THE VILLAS DEL VERDE HOMEOWNERS ASSOCIATION, INC., Petitioner, vs. CLARK H. SCHERER, III, Respondent. ON DISCRETIONARY REVIEW FROM THE SECOND DISTRICT

More information

IN THE SUPREME COURT OF FLORIDA. Petitioner, CASE NO. SC JURISDICTIONAL BRIEF OF RESPONDENT

IN THE SUPREME COURT OF FLORIDA. Petitioner, CASE NO. SC JURISDICTIONAL BRIEF OF RESPONDENT IN THE SUPREME COURT OF FLORIDA MARIANNE F. CASWELL, v. Petitioner, CASE NO. SC04-014 STATE OF FLORIDA, Respondent. JURISDICTIONAL BRIEF OF RESPONDENT CHARLES J. CRIST, JR. ATTORNEY GENERAL ROBERT R. WHEELER

More information

IN THE SUPREME COURT OF FLORIDA CASE NO. SC ALVIN LEWIS, Petitioner. vs. STATE OF FLORIDA, Respondents. PETITIONER'S BRIEF ON JURISDICTION

IN THE SUPREME COURT OF FLORIDA CASE NO. SC ALVIN LEWIS, Petitioner. vs. STATE OF FLORIDA, Respondents. PETITIONER'S BRIEF ON JURISDICTION IN THE SUPREME COURT OF FLORIDA CASE NO. SC05-1605 ALVIN LEWIS, Petitioner vs. STATE OF FLORIDA, Respondents. PETITIONER'S BRIEF ON JURISDICTION Seeking Discretionary Review from the District Court of

More information

IN THE SUPREME COURT OF FLORIDA CASE NO. SC CHRISTINE BAUER and THOMAS BAUER, Petitioners, ONE WEST BANK, FSB, Respondent.

IN THE SUPREME COURT OF FLORIDA CASE NO. SC CHRISTINE BAUER and THOMAS BAUER, Petitioners, ONE WEST BANK, FSB, Respondent. Filing # 17071819 Electronically Filed 08/13/2014 05:11:43 PM RECEIVED, 8/13/2014 17:13:41, John A. Tomasino, Clerk, Supreme Court IN THE SUPREME COURT OF FLORIDA CASE NO. SC14-1575 CHRISTINE BAUER and

More information

IN THE SUPREME COURT OF FLORIDA

IN THE SUPREME COURT OF FLORIDA IN THE SUPREME COURT OF FLORIDA OWNERS INSURANCE COMPANY and AUTO-OWNERS INSURANCE COMPANY Petitioners, CASE NO: vs. Lower Tribunal No. 2D01-5770 BILTMORE CONSTRUCTION CO., INC. and CENTRAL-ALLIED ENTERPRISES,

More information

IN THE SUPREME COURT OF FLORIDA CASE NO. SC L. T. CASE NO.: 4D

IN THE SUPREME COURT OF FLORIDA CASE NO. SC L. T. CASE NO.: 4D IN THE SUPREME COURT OF FLORIDA CASE NO. SC05-1644 L. T. CASE NO.: 4D04-1970 SANDRA H. LAND, vs. Petitioner, GENERAL MOTORS CORPORATION, Respondent. / JURISDICTIONAL BRIEF OF PETITIONER Rebecca J. Covey,

More information

SUPREME COURT OF FLORIDA RESPONDENTS JURISDICTIONAL BRIEF

SUPREME COURT OF FLORIDA RESPONDENTS JURISDICTIONAL BRIEF SUPREME COURT OF FLORIDA CASE NO. SC05-1649 MERCURY INSURANCE COMPANY OF FLORIDA, Petitioner, vs. ASHLEY COATNEY, etc., et al., Respondents. ON REVIEW FROM THE DISTRICT COURT OF APPEAL, FIRST DISTRICT

More information

Supreme Court of Florida

Supreme Court of Florida Supreme Court of Florida PER CURIAM. No. SC04-410 ISIAH JACKSON, Appellant, vs. STATE OF FLORIDA, Appellee, No. SC04-1505 DALY N. BRAXTON, Petitioner, vs. STATE OF FLORIDA, Respondent. [March 30, 2006]

More information

IN THE SUPREME COURT OF FLORIDA CASE NO. Second District Court of Appeal Case Number: 2D L.T. No. 05-CA Parrot Cove Marina, LLC

IN THE SUPREME COURT OF FLORIDA CASE NO. Second District Court of Appeal Case Number: 2D L.T. No. 05-CA Parrot Cove Marina, LLC IN THE SUPREME COURT OF FLORIDA CASE NO. Second District Court of Appeal Case Number: 2D06-4582 L.T. No. 05-CA-2397 Parrot Cove Marina, LLC Petitioner, vs. Duncan Seawall Dock & Boatlift, Inc. Respondent.

More information

IN THE SUPREME COURT OF THE STATE OF FLORIDA, STATE OF FLORIDA, Petitioner, CHARLES FRATELLO, Respondent. Case No. SC07-780

IN THE SUPREME COURT OF THE STATE OF FLORIDA, STATE OF FLORIDA, Petitioner, CHARLES FRATELLO, Respondent. Case No. SC07-780 IN THE SUPREME COURT OF THE STATE OF FLORIDA, STATE OF FLORIDA, Petitioner, v. CHARLES FRATELLO, Respondent. Case No. SC07-780 ****************************************************************** ON APPEAL

More information

IN THE SUPREME COURT OF FLORIDA. v. Case No. SC- IAN MANUEL L.T. No. 2D ON PETITION FOR REVIEW FROM THE SECOND DISTRICT COURT OF APPEAL

IN THE SUPREME COURT OF FLORIDA. v. Case No. SC- IAN MANUEL L.T. No. 2D ON PETITION FOR REVIEW FROM THE SECOND DISTRICT COURT OF APPEAL IN THE SUPREME COURT OF FLORIDA STATE OF FLORIDA, Petitioner, v. Case No. SC- IAN MANUEL L.T. No. 2D08-3494 Respondent. ON PETITION FOR REVIEW FROM THE SECOND DISTRICT COURT OF APPEAL STATE OF FLORIDA

More information

IN THE SUPREME COURT STATE OF FLORIDA CASE NO.: SC L. T. CASE NO.: 4D

IN THE SUPREME COURT STATE OF FLORIDA CASE NO.: SC L. T. CASE NO.: 4D MARTIN MEMORIAL MEDICAL CENTER, INC., v. Petitioner, IN THE SUPREME COURT STATE OF FLORIDA CASE NO.: SC11-1070 L. T. CASE NO.: 4D09-2497 ALEXANDER WEBSTER, individually, and as Personal Representative

More information

SUPREME COURT OF FLORIDA. Case No. SC

SUPREME COURT OF FLORIDA. Case No. SC SUPREME COURT OF FLORIDA Case No. SC05-1586 BRUCE BERNSTEIN, Petitioner, vs. HARVEY GOLDMAN, Respondent, PETITIONER'S BRIEF ON JURISDICTION Petition to Review Decision of the Fourth District Court of Appeal

More information

PETITIONER S JURISDICTIONAL BRIEF

PETITIONER S JURISDICTIONAL BRIEF IN THE SUPREME COURT OF FLORIDA ROBERT E. GONZALEZ, Petitioner, vs. STATE OF FLORIDA, Respondent. : : : Case No. : : : 2D06-1619 DISCRETIONARY REVIEW OF DECISION OF THE DISTRICT COURT OF APPEAL OF FLORIDA

More information

IN THE SUPREME COURT OF THE STATE OF FLORIDA. CASE NO. SC Third District Case Nos. 3D and 3D Lower Tribunal Case No.

IN THE SUPREME COURT OF THE STATE OF FLORIDA. CASE NO. SC Third District Case Nos. 3D and 3D Lower Tribunal Case No. Filing # 11177291 Electronically Filed 03/11/2014 10:18:49 AM RECEIVED, 3/11/2014 10:23:38, John A. Tomasino, Clerk, Supreme Court IN THE SUPREME COURT OF THE STATE OF FLORIDA CASE NO. SC14-263 Third District

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 Brown Brothers, The Family LLC, CASE NO.: 2015-CA-10238-O v. Petitioner, LOWER COURT CASE NO.: 2014-CC-15328-O Chronus

More information

IN THE SUPREME COURT OF FLORIDA. Petitioners, CASE NOS.: 91,966 92,382 vs. 92,451 (Consolidated) JAMES S. PARHAM,

IN THE SUPREME COURT OF FLORIDA. Petitioners, CASE NOS.: 91,966 92,382 vs. 92,451 (Consolidated) JAMES S. PARHAM, IN THE SUPREME COURT OF FLORIDA MUSCULOSKELETAL INSTITUTE CHARTERED, d/b/a FLORIDA ORTHOPAEDIC INSTITUTE, CHESTER E. SUTTERLIN, III, M.D., and CHESTER E. SUTTERLIN, III, M.D., P.A., and GENE A. BALIS,

More information

IN THE SUPREME COURT OF THE STATE OF FLORIDA, DERRICK GURLEY, Petitioner, STATE OF FLORIDA, Respondent. Case No. SC th DCA Case No.

IN THE SUPREME COURT OF THE STATE OF FLORIDA, DERRICK GURLEY, Petitioner, STATE OF FLORIDA, Respondent. Case No. SC th DCA Case No. IN THE SUPREME COURT OF THE STATE OF FLORIDA, DERRICK GURLEY, Petitioner, v. STATE OF FLORIDA, Respondent. Case No. SC05-1376 4 th DCA Case No. 4D04-2697 RESPONDENT S BRIEF ON JURISDICTION CHARLES J. CRIST,

More information

IN THE SUPREME COURT OF THE STATE OF FLORIDA CASE NO.: SC LOWER COURT NO.: 4D JACK LIEBMAN. Petitioner. vs.

IN THE SUPREME COURT OF THE STATE OF FLORIDA CASE NO.: SC LOWER COURT NO.: 4D JACK LIEBMAN. Petitioner. vs. IN THE SUPREME COURT OF THE STATE OF FLORIDA CASE NO.: SC03-1896 LOWER COURT NO.: 4D00-2883 JACK LIEBMAN Petitioner vs. STATE OF FLORIDA, Respondent. RESPONDENT'S BRIEF ON JURISDICTION CHARLES J. CRIST,

More information