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Click to open document 09/25/2018 NOTICE-DISCRETIONARY JURIS (CERT DIRECT CONFLICT) CP Restoration 1 Of Port St. Lucie BY: PT Mark A. Nation 968560
Click to open document 09/25/2018 LETTER CP Restoration 1 Of Port St. Lucie BY: PT Mark A. Nation 968560 Filing Fee Letter
09/28/2018 Fee Paid Through Portal
Click to open document 09/28/2018 ACKNOWLEDGMENT LETTER-NEW CASE Supreme Court Of Florida BY: Supreme Court Of Florida
Click to open document 10/03/2018 JURIS INITIAL BRIEF CP Restoration 1 Of Port St. Lucie BY: PT Mark A. Nation 968560
Click to open document 10/03/2018 APPENDIX-JURIS BRIEF CP Restoration 1 Of Port St. Lucie BY: PT Mark A. Nation 968560
Click to open document 10/04/2018 NOTICE-AMICUS CURIAE INTENT TO APPEAR MR Florida Justice Reform Institute BY: MRI Mark K. Delegal 989924
Click to open document 10/15/2018 JURIS ANSWER BRIEF CR Ark Royal Insurance Company BY: RS Kenneth B. Bell 347035
Click to open document 10/16/2018 NOTICE-AMICUS CURIAE INTENT TO APPEAR MP Florida Justice Association BY: MPI Philip M. Burlington 285862 THE FLORIDA JUSTICE ASSOCIATION'S NOTICE OF INTENT TO APPEAR AS AMICUS CURIAE ON BEHALF OF PETITIONER
Click to open document 12/27/2018 ORDER-JURIS ACCEPT/BRIEF SCHED (OA LATER DATE) The Court accepts jurisdiction of this case.Petitioner's initial brief on the merits must be served on or before January 16, 2019; respondent's answer brief on the merits must be served twenty days after service of petitioner's initial brief on the merits; and petitioner's reply brief on the merits must be served twenty days after service of respondent's answer brief on the merits.The Clerk of the Fourth District Court of Appeal must file the record which must be properly indexed and paginated on or before February 25, 2019. The Clerk may provide the record in the format as currently maintained at the district court, either paper or electronic. As jurisdiction has been accepted in the above cause, any movant who wishes to follow through on a previously-filed Notice of Intent to Appear as Amicus or Amici Curiae must now proceed in compliance with Florida Rule of Appellate Procedure 9.370. Oral argument will be set by separate order. Counsel for the parties will be notified of the oral argument date approximately sixty days prior to oral argument.
Click to open document 12/28/2018 MOTION-CONSOLIDATION CR Ark Royal Insurance Company BY: RS Kenneth B. Bell 347035 Respondent's Motion for Consolidation (SC18-1623)
Click to open document 01/04/2019 ORDER-CONSOLIDATION GR Ark Royal Insurance Company's motion to consolidate filed in the above cases is hereby granted and said cases are hereby consolidated for all appellate purposes. From this date forward, all documents pertaining to the above consolidated cases should be filed electronically through the Florida Courts E-Filing Portal using case number SC18-1624 only. Restoration 1 of Port St. Lucie shall serve an initial brief on the merits on or before January 16, 2019; Ark Royal Insurance Company's answer brief/cross-initial brief on the merits must be served thirty days after service of Restoration 1 of Port St. Lucie's initial brief on the merits; Restoration 1 of Port St. Lucie's reply brief/cross-answer brief on the merits must be served thirty days after service of Ark Royal Insurance Company's answer brief/cross-initial brief on the merits; and Ark Royal Insurance Company's cross-reply brief on the merits must be served thirty days after service of Restoration 1 of Port St. Lucie's reply brief/cross-answer brief on the merits.
Click to open document 01/04/2019 MOTION-AMICUS CURIAE MP Restoration Association of Florida BY: PT Russel Lazega 91588 RESTORATION ASSOCIATION OF FLORIDA'S MOTION FOR LEAVE TO APPEAR AS AMICUS CURIAE ON BEHALF OF RESTORATION 1 OF PORT SAINT LUCIE LLC
Click to open document 01/04/2019 MOTION-AMICUS CURIAE MR Florida Justice Reform Institute BY: MR George N. Meros 263321
Click to open document 01/04/2019 MOTION-EXT OF TIME (INITIAL BRIEF-MERITS) CP Restoration 1 Of Port St. Lucie BY: PT Mark A. Nation 968560
Click to open document 01/07/2019 ORDER-AMICUS CURIAE GR The motion for leave to file brief as amicus curiae filed by Restoration Association of Florida is hereby granted and they are allowed to file brief only in support of petitioner/cross-respondent. The brief by the above referenced amicus curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
Click to open document 01/07/2019 ORDER-AMICUS CURIAE GR The motion for leave to file brief as amicus curiae filed by the Florida Justice Reform Institute is hereby granted and they are allowed to file brief only in support of respondent/cross-petitioner. The brief by the above referenced amicus curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
Click to open document 01/07/2019 ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS) Petitioner/cross-respondent's motion for extension of time is granted and petitioner/cross-respondent is allowed to and including February 11, 2019, in which to serve the initial brief on the merits. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied. All other times will be extended accordingly.
Click to open document 01/07/2019 MOTION-AMICUS CURIAE MR Coalition Against Insurance Fraud BY: MR Brian P. Henry 89069 MOTION FOR LEAVE TO FILE AMICUS BRIEF OF THE COALITION AGAINST INSURANCE FRAUD, IN SUPPORT OF RESPONDENT / CROSS-PETITIONER, ARK ROYAL INSURANCE COMPANY
Click to open document 01/07/2019 ORDER-AMICUS CURIAE GR The motion for leave to file brief as amicus curiae filed by the Coalition Against Insurance Fraud is hereby granted and they are allowed to file brief only in support of Respondent/Cross-Petitioner. The brief by the above referenced amicus curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
Click to open document 01/08/2019 MOTION-AMICUS CURIAE MP Florida Justice Association BY: MP Tyler J. Chasez 72483 FLORIDA JUSTICE ASSOCIATION'S MOTION TO APPEAR AS AMICUS CURIAE SUPPORTING PETITIONER
Click to open document 01/08/2019 MOTION-AMICUS CURIAE MR Florida Defense Lawyers Association BY: MR Kansas R. Gooden 58707 FLORIDA DEFENSE LAWYERS ASSOCIATION'S MOTION FOR LEAVE TO APPEAR AS AMICUS CURIAE ON BEHALF OF ARK ROYAL INSURANCE COMPANY
Click to open document 01/10/2019 ORDER-AMICUS CURIAE GR The motion for leave to file brief as amicus curiae filed by the Florida Justice Association is hereby granted and they are allowed to file brief only in support of petitioner/cross-respondent. The brief by the above referenced amicus curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
Click to open document 01/10/2019 ORDER-AMICUS CURIAE GR The motion for leave to file brief as amicus curiae filed by the Florida Defense Lawyers Association is hereby granted and they are allowed to file brief only in support of respondent/cross-petitioner. The brief by the above referenced amicus curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
01/17/2019 RECORD Lonn Weissblum 498017 BY: Lonn Weissblum 498017 1 VOLUME RECORD ON APPEAL - Filed Electronically
01/17/2019 RECORD Lonn Weissblum 498017 BY: Lonn Weissblum 498017 1 VOLUME CERTIFIED COPIES OF APPEAL PAPERS - Filed Electronically
Click to open document 01/18/2019 MOTION-AMICUS CURIAE MR Florida Bankers Association BY: MR Carrie Ann Wozniak 12666 FLORIDA BANKERS ASSOCIATION'S MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF
Click to open document 01/18/2019 ORDER-AMICUS CURIAE GR The motion for leave to file brief as amicus curiae filed by Florida Bankers Association is hereby granted and they are allowed to file brief only in support of respondent/cross-petitioner. The brief by the above referenced amicus curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
Click to open document 01/22/2019 MOTION-AMICUS CURIAE MR Florida Roofing and Sheet Metal Contractors Association, Inc. BY: MR Marci E. Britt 71561 FLORIDA ROOFING & SHEET METAL CONTRACTORS ASSOCIATION'S MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF IN SUPPORT OF ARK ROYAL INSURANCE COMPANY
Click to open document 01/23/2019 ORDER-AMICUS CURIAE GR The motion for leave to file brief as amicus curiae filed by the Florida Roofing and Sheet Metal Contractors Association, Inc. is hereby granted and they are allowed to file brief only in support of respondent/cross-petitioner. The brief by the above referenced amicus curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
Click to open document 02/11/2019 INITIAL BRIEF-MERITS CP Restoration 1 Of Port St. Lucie BY: PT Mark A. Nation 968560 INITIAL BRIEF OF PETITIONER/CROSS-RESPONDENT
Click to open document 02/14/2019 MOTION-AMICUS CURIAE MR Washington Legal Foundation BY: MR Cory L. Andrews 25677 UNOPPOSED MOTION OF WASHINGTON LEGAL FOUNDATION FOR LEAVE TO APPEAR AS AMICUS CURIAE IN SUPPORT OF ARK ROYAL INSURANCE COMPANY
Click to open document 02/14/2019 ORDER-AMICUS CURIAE GR The motion for leave to file brief as amicus curiae filed by Washington Legal Foundation is hereby granted and they are allowed to file brief only in support of respondent/cross-petitioner. The brief by the above referenced amicus curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
Click to open document 02/20/2019 AMICUS CURIAE INITIAL BRIEF-MERITS MP Florida Justice Association BY: MP Tyler J. Chasez 72483 AMICUS BRIEF OF THE FLORIDA JUSTICE ASSOCIATION IN SUPPORT OF PETITIONERS
Click to open document 02/20/2019 MOTION-EXT OF TIME (AMICUS CURIAE BRIEF) MP Restoration Association of Florida BY: PT Russel Lazega 91588 AMICUS, RESTORATION ASSOCIATION OF FLORIDA'S MOTION FOR EXTENSION OF TIME TO FILE AMICUS BRIEF ON BEHALF OF RESTORATION 1 OF PORT SAINT LUCIE LLC
Click to open document 02/21/2019 ORDER-EXT OF TIME GR (AMICUS CURIAE) The motion for extension of time filed in the above case by Restoration Association of Florida is granted and said amicus curiae is allowed to and including February 26, 2019, in which to serve the amicus curiae initial brief on the merits. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied. All other times will be extended accordingly.
Click to open document 02/26/2019 MOTION-AMICUS CURIAE MR American Property Casualty Insurance Association BY: MR Timothy J. Meenan 853010 JOINT MOTION TO APPEAR AND FILE AN AMICUS CURIAE BRIEF IN SUPPORT OF RESPONDENT/CROSS-PETITIONER ARK ROYAL INSURANCE COMPANY
Click to open document 02/26/2019 MOTION-AMICUS CURIAE MR Personal Insurance Federation of Florida BY: MR Thomas P. Crapps 878928 JOINT MOTION TO APPEAR AND FILE AN AMICUS CURIAE BRIEF IN SUPPORT OF RESPONDENT/CROSS-PETITIONER ARK ROYAL INSURANCE COMPANY
Click to open document 02/26/2019 AMICUS CURIAE INITIAL BRIEF-MERITS MP Restoration Association of Florida BY: PT Russel Lazega 91588 AMICUS CURIAE BRIEF OF RESTORATION ASSOCIATION OF FLORIDA IN SUPPORT OF RESTORATION 1 OF PORT SAINT LUCIE LLC
Click to open document 02/27/2019 ORDER-AMICUS CURIAE GR The motion for leave to file brief as amici curiae filed by the American Property Casualty Insurance Association, and the National Association of Mutual Insurance Companies, is hereby granted and they are allowed to file brief only in support of respondent/cross-petitioner. The brief by the above referenced amici curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
Click to open document 02/27/2019 ORDER-AMICUS CURIAE GR The motion for leave to file brief as amici curiae filed by the Personal Insurance Federation of Florida, and the Florida Insurance Council, is hereby granted and they are allowed to file brief only in support of respondent/cross-petitioner. The brief by the above referenced amici curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
Click to open document 03/13/2019 ANSWER/CROSS INITIAL BRIEF-MERITS CR Ark Royal Insurance Company BY: RS Kenneth B. Bell 347035
Click to open document 03/15/2019 AMICUS CURIAE ANSWER BRIEF-MERITS MR Washington Legal Foundation BY: MR Cory L. Andrews 25677 AMICUS CURIAE BRIEF OF WASHINGTON LEGAL FOUNDATION IN SUPPORT OF RESPONDENT/CROSS-PETITIONER
Click to open document 03/22/2019 AMICUS CURIAE ANSWER BRIEF-MERITS MR Coalition Against Insurance Fraud BY: MR Brian P. Henry 89069 AMICUS BRIEF OF COALITION AGAINST INSURANCE FRAUD IN SUPPORT OF RESPONDENT/CROSS-PETITIONER ARK ROYAL INSURANCE COMPANY
Click to open document 03/22/2019 AMICUS CURIAE ANSWER BRIEF-MERITS MR Personal Insurance Federation of Florida BY: MR Thomas P. Crapps 878928 AMICI CURIAE BRIEF OF FLORIDA INSURANCE COUNCIL, and PERSONAL INSURANCE FEDERATION OF FLORIDA IN SUPPORT OF RESPONDENT/CROSS-PETITIONER ARK ROYAL INSURANCE COMPANY
Click to open document 03/22/2019 AMICUS CURIAE ANSWER BRIEF-MERITS MR American Property Casualty Insurance Association BY: MR Thomas P. Crapps 878928 AMICUS BRIEF OF THE AMERICAN PROPERTY AND CASUALTY INSURANCE ASSOCIATION AND NATIONAL ASSOCIATION OF MUTUAL INSURANCE COMPANIES IN SUPPORT OF RESPONDENT/CROSS-PETITIONER
Click to open document 03/22/2019 AMICUS CURIAE ANSWER BRIEF-MERITS MR Florida Defense Lawyers Association BY: MR Kansas R. Gooden 58707 AMICUS BRIEF OF THE FLORIDA DEFENSE LAWYERS ASSOCIATION IN SUPPORT OF ARK ROYAL INSURANCE COMPANY
Click to open document 03/25/2019 AMICUS CURIAE ANSWER BRIEF-MERITS MR Florida Bankers Association BY: MR Carrie Ann Wozniak 12666 FLORIDA BANKERS ASSOCIATION'S AMICUS CURIAE BRIEF
Click to open document 03/25/2019 AMICUS CURIAE ANSWER BRIEF-MERITS MR Florida Justice Reform Institute BY: MR George N. Meros 263321 AMICUS CURIAE BRIEF OF THE FLORIDA JUSTICE REFORM INSTITUTE IN SUPPORT OF RESPONDENT/CROSS-PETITIONER **Stricken 3/26/19, in light of amended brief filed.**
Click to open document 03/25/2019 AMICUS CURIAE ANSWER BRIEF-MERITS MR Florida Roofing and Sheet Metal Contractors Association, Inc. BY: MR Marci E. Britt 71561 AMICUS CURIAE BRIEF OF THE FLORIDA ROOFING & SHEET METAL CONTRACTORS ASSOCIATION IN SUPPORT OF RESPONDENT/CROSS-PETITIONER ARK ROYAL INSURANCE COMPANY
Click to open document 03/26/2019 MOTION-BRIEF AMENDMENT MR Florida Justice Reform Institute BY: MR George N. Meros 263321
Click to open document 03/26/2019 ORDER-BRIEF AMENDMENT GR Florida Justice Reform Institute's Motion to File a Corrected Amicus Curiae Brief of the Florida Justice Reform Institute in Support of Respondent/Cross-Petitioner is granted and said amended brief was filed with this Court on March 26, 2019. Florida Justice Reform Institute's amicus curiae brief filed with this Court on March 25, 2019, is hereby stricken.
Click to open document 03/26/2019 AMICUS CURIAE ANSWER AMD BRIEF-MERITS MR Florida Justice Reform Institute BY: MR George N. Meros 263321 CORRECTED AMICUS CURIAE BRIEF OF THE FLORIDA JUSTICE REFORM INSTITUTE IN SUPPORT OF RESPONDENT/CROSS-PETITIONER **See 3/26/19 ORDER-BRIEF AMENDMENT GR**
Click to open document 03/26/2019 MOTION-EXT OF TIME (REPLY BRIEF-MERITS) CP Restoration 1 Of Port St. Lucie BY: PT Mark A. Nation 968560
Click to open document 03/27/2019 ORDER-EXT OF TIME GR (REPLY BRIEF-MERITS) Petitioner/cross-respondent's motion for extension of time is granted and petitioner/cross-respondent is allowed to and including April 26, 2019, in which to serve the reply/cross-answer brief on the merits. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.
Click to open document 04/26/2019 REPLY/CROSS ANSWER BRIEF-MERITS CP Restoration 1 Of Port St. Lucie BY: PT Mark A. Nation 968560 REPLY/CROSS ANSWER BRIEF OF PETITIONER/CROSS-RESPONDENT
Click to open document 05/01/2019 REQUEST-ORAL ARGUMENT CP Restoration 1 Of Port St. Lucie BY: PT Mark A. Nation 968560
Click to open document 05/01/2019 MOTION-ATTORNEYS FEES CP Restoration 1 Of Port St. Lucie BY: PT Mark A. Nation 968560
Click to open document 05/24/2019 CROSS REPLY BRIEF-MERITS CR Ark Royal Insurance Company BY: RS Kenneth B. Bell 347035 REPLY BRIEF IN SUPPORT OF CROSS-INITIAL BRIEF
Click to open document 05/24/2019 REQUEST-ORAL ARGUMENT CR Ark Royal Insurance Company BY: RS Kenneth B. Bell 347035
Click to open document 05/24/2019 MOTION-ATTORNEYS FEES CR Ark Royal Insurance Company BY: RS Kenneth B. Bell 347035 RESPONDENT/CROSS-PETITIONER'S MOTION FOR APPELLATE ATTORNEYS' FEES
Click to open document 05/28/2019 RESPONSE CP Restoration 1 Of Port St. Lucie BY: PT Mark A. Nation 968560 PETITIONER/CROSS-RESPONDENT'S RESPONSE TO RESPONDENT/CROSS-PETITIONER'S MOTION FOR APPELLATE ATTORNEY'S FEES
Click to open document 07/29/2019 DISP-DISMISSED MISC. On December 27, 2018, this Court entered its order accepting jurisdiction to review the decision of the Fourth District Court of Appeal in Restoration 1 of Port St. Lucie v. Ark Royal Insurance Co., 255 So. 3d 344 (Fla. 4th DCA 2018), based on certified direct conflict with the decision of the Fifth District Court of Appeal in Security First Insurance Co. v. Florida Office of Insurance Regulation, 232 So. 3d 1157 (Fla. 5th DCA 2017), and express and direct conflict with the decision of the Fifth District in Restoration 1 CFL, LLC v. ASI Preferred Insurance Corp., 239 So. 3d 747 (Fla. 5th DCA 2018). See art. V, § 3(b)(3), (4), Fla. Const. The conflict issue involves the validity of "a restriction" in an insurance policy "that requires the consent of all the insureds and the mortgagee before any assignment [of post-loss benefits]." Restoration 1 of Port St. Lucie, 255 So. 3d at 346. Subsequent to this Court accepting jurisdiction, the Legislature passed, and the Governor approved, "[a]n act relating to insurance assignment agreements." See ch. 2019-57, Laws of Fla. Section 1 of the act creates new section 627.7152, Florida Statutes, titled "Assignment agreements," that among other things defines the term "assignment agreement" and sets forth certain requirements for an assignment agreement to be valid and enforceable. Ch. 2019-57, § 1, Laws of Fla. Section 2 of the act creates new section 627.7153, Florida Statutes, titled "Policies restricting assignment of post-loss benefits under a property insurance policy," that among other things permits an insurer to "make available a policy that restricts in whole or in part an insured's right to execute an assignment agreement" if certain conditions are met. Ch. 2019-57, § 2, Laws of Fla. The act has an effective date of July 1, 2019. Id. § 6. Because we conclude that the new legislation addresses on a going-forward basis the issue before us, we exercise our discretion to discharge jurisdiction. Accordingly, we hereby discharge jurisdiction and dismiss this review proceeding. Any and all pending motions are hereby denied as moot. No motion for rehearing or reinstatement will be entertained by the Court. See Fla. R. App. P. 9.330(d)(2).