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Doc. Date Docketed Description Filed by Notes
09/03/2004 NOTICE-DISCRETIONARY JURIS (CERT DIRECT CONFLICT) PT Victor K. Borden BY: PT Nathanial G. Pieper 105512
09/09/2004 Filing Fee $300 2004 - 1000604 Amount: $300
09/09/2004 Fee Paid In Full - $300
09/09/2004 ORDER-STAY PROCEEDINGS FSC (DCA REH) The proceedings in the above cause are hereby stayed in this Court pending disposition of the Motion for Rehearing in the Second District Court of Appeal. Counsel is to advise this Court thirty (30) days from the date of this order, and every thirty (30) days thereafter, of the status of the motion for rehearing which is now pending in said district court.
09/21/2004 MAIL RETURNED for DAVID W. HENRY - 09/09/2004 ORDER & ACK OF NEW CASE (09/21/2004: FORWARDED TO UPDATED ADDRESS)
09/27/2004 NOTICE-ADOPTION PT Ocean Insurance Management Inc BY: PT Rebecca A. Brownell 507059 OF PLAINTIFF/PETITIONER'S NOTICE TO INVOKE DISCRETIONARY JURISDICTION
09/27/2004 APPENDIX PT Ocean Insurance Management Inc BY: PT Rebecca A. Brownell 507059 TO NOTICE TO INVOKE DISCRETIONARY JURISDICTION
09/27/2004 MOTION-COUNS SUBSTITUTION STIPULATION PT Ocean Insurance Management Inc BY: WD M. Stephen Smith 202541
09/30/2004 ORDER-CASE STYLE CHANGE The style of the above case has been changed from Victor K. Borden vs. East European Insurance Company and Alfa Insurance Company PLC., to Victor K. Borden and Ocean Insurance Management, Inc. vs. East European Insurance and Alfa Insurance Company PLC.
09/30/2004 ORDER-COUNS SUBSTITUTION STIPULATION GR The stipulation for substitution of counsel as attorney of record is hereby approved by this Court and John Bond Atkinson is hereby substituted as counsel of record for petitioner Ocean Insurance Management, Inc.
10/04/2004 NOTICE-COMPLIANCE PT Barnhardt Marine Insurance Co. BY: PT David W. Henry 765082 W/ATTACHMENT
10/05/2004 ORDER-DISTRICT COURT OF APPEAL DATED 09/21/2004, DENYING MOTION FOR REHEARING OR CLARIFICATION FILED BY APPELLEE BARNHARDT MARINE INSURANCE
10/08/2004 STATUS REPORT PT Victor K. Borden BY: PT Nathanial G. Pieper 105512 (O&7) W/ATTACHMENT
10/19/2004 ORDER-BRIEF SCHED (CERTIFIED)
11/17/2004 REQUEST-ORAL ARGUMENT PT Victor K. Borden BY: PT Nathanial G. Pieper 105512 O&7
11/17/2004 APPENDIX PT Victor K. Borden BY: PT Nathanial G. Pieper 105512 (O&7) TO PETITIONER'S INTIAL BRIEF: (REQ. CERTIFICATE OF SERVICE)
11/17/2004 INITIAL BRIEF-MERITS PT Victor K. Borden BY: PT Nathanial G. Pieper 105512 O&7 W/E-MAIL (FOOTNOTES FONT NON-COMPLIANCE)
11/17/2004 ORDER-BRIEF STRICKEN (NON-COMPLIANCE) Petitioner Victor Borden's initial brief on the merits, which was filed with this Court on November 17, 2004, does not comply with Florida Rule of Appellate Procedure 9.210 and is hereby stricken. Petitioner Borden is hereby directed, on or before December 7, 2004, to serve an original and seven (7) copies of an amended initial brief on the merits which contains footnotes in the same size type as the text.
11/17/2004 INITIAL BRIEF-MERITS PT Ocean Insurance Management Inc BY: PT Rebecca A. Brownell 507059 O&7 W/DISKETTE (FOOTNOTES FONT NON-COMPLIANCE)
11/17/2004 APPENDIX PT Ocean Insurance Management Inc BY: PT Rebecca A. Brownell 507059 (O&7) TO PETITIONER'S INITIAL BRIEF: (REQ. CERTIFICATE OF SERVICE)
11/17/2004 ORDER-BRIEF STRICKEN (NON-COMPLIANCE) Petitioner Ocean Insurance Management, Inc.'s initial brief on the merits, which was filed with this Court on November 17, 2004, does not comply with Florida Rule of Appellate Procedure 9.210 and is hereby stricken. Petitioner Ocean Insurance Management, Inc. is hereby directed, on or before December 7, 2004, to serve an original and seven (7) copies of an amended initial brief on the merits which contains footnotes in the same size type as the text with page one beginning with the Statement of the Case and Facts.
11/22/2004 CERTIFICATE OF SERVICE PT Victor K. Borden BY: PT Nathanial G. Pieper 105512 (ON PETITIONER'S APPENDIX FILED 11/17/2004)
11/24/2004 REQUEST-ORAL ARGUMENT PT Ocean Insurance Management Inc BY: PT John B. Atkinson 290270
12/07/2004 INITIAL AMD BRIEF-MERITS PT Victor K. Borden BY: PT Nathanial G. Pieper 105512 O&7 W/E-MAIL
12/08/2004 RECORD/TRANSCRIPT Hon. James Birkhold BY: Hon. James Birkhold CERTIFICATE OF CLERK, 6 VOLUMES RECORD
12/08/2004 INITIAL AMD BRIEF-MERITS PT Ocean Insurance Management Inc BY: PT John B. Atkinson 290270 O&7 W/E-MAIL (FOOTNOTES FONT NON-COMPLIANCE)
12/10/2004 ORDER-BRIEF STRICKEN (NON-COMPLIANCE) Ocean Insurance Management, Inc.'s amended initial brief on the merits, which was filed with this Court on December 8, 2004, does not comply with Florida Rule of Appellate Procedure 9.210 and is hereby stricken. Ocean Insurance Management, Inc. is hereby directed, on or before December 30, 2004, to serve an original and seven (7) copies of an amended initial brief on the merits which contains footnotes in the same size type font as the text.
12/10/2004 MOTION-EXT OF TIME (ANSWER BRIEF-MERITS) RS East-European Insurance Company BY: RS Steven L. Brannock 319651
12/10/2004 MOTION-TOLL TIME RS East-European Insurance Company BY: RS Steven L. Brannock 319651
12/13/2004 CERTIFICATE OF SERVICE PT Victor K. Borden BY: PT Nathanial G. Pieper 105512 (ON AMD INITIAL BRIEF MERITS)
12/13/2004 ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS) Respondents East-European Insurance Company and Alfa Insurance PLC's motion for extension of time is granted and respondents are allowed to and including January 3, 2005, in which to serve the answer brief on the merits. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO RESPONDENTS FOR THE FILING OF THE ANSWER BRIEF ON THE MERITS. All other times will be extended accordingly.
12/13/2004 INITIAL BRIEF-MERITS PT Barnhardt Marine Insurance Co. BY: PT David W. Henry 765082 (O&7) W/DISKETTE: (REQ NEW E-FILE): E-FILED 05/02/2005
12/13/2004 APPENDIX PT Barnhardt Marine Insurance Co. BY: PT David W. Henry 765082 O&7
12/13/2004 REQUEST-ORAL ARGUMENT PT Barnhardt Marine Insurance Co. BY: PT David W. Henry 765082 (O&7)
12/15/2004 NOTICE-APPEARANCE RS East-European Insurance Company BY: RS Maegen Peek Luka 549851 BY MAEGEN A. PEEK OF HOLLAND & KNIGHT LLP AS ADDITIONAL COUNSEL ON BEHALF OF EAST-EUROPEAN INSURANCE COMPANY
12/15/2004 INITIAL AMD BRIEF-MERITS PT Ocean Insurance Management Inc BY: PT John B. Atkinson 290270 (O&7) WITH DISKETTE
12/16/2004 MOTION-STRIKE RS East-European Insurance Company BY: RS Steven L. Brannock 319651 PETITIONER'S INITIAL BRIEF (O&7)
12/29/2004 RESPONSE PT Barnhardt Marine Insurance Co. BY: PT David W. Henry 765082 TO RESPONDENT ALFA INSURANCE'S MOTION TO STRIKE BARNHARDT MARINE INSURANCE, INC'S INITIAL BRIEF AND MOTION TO RE-ALIGN PARTIES
01/03/2005 ANSWER BRIEF-MERITS RS East-European Insurance Company BY: RS Steven L. Brannock 319651 (O&7) WITH E-MAIL
01/03/2005 APPENDIX RS East-European Insurance Company BY: RS Steven L. Brannock 319651 3 VOLUMES (O&7)
01/24/2005 REPLY BRIEF-MERITS PT Victor K. Borden BY: PT Nathanial G. Pieper 105512 O&7 W/E-MAIL (TOO LONG)
01/25/2005 ORDER-BRIEF STRICKEN (NON-COMPLIANCE) Petitioner Victor Borden's reply brief on the merits, which was filed with this Court on January 24, 2005, does not comply with Florida Rule of Appellate Procedure 9.210 and is hereby stricken. Petitioner Victor Borden is hereby directed, on or before February 14, 2005, to serve an original and seven (7) copies of an amended reply brief on the merits which does not exceed fifteen (15) pages in length.
02/10/2005 REPLY AMD BRIEF-MERITS PT Victor K. Borden BY: PT Nathanial G. Pieper 105512 O&7 W/E-MAIL: NEW E-FILE 2/28/05
02/10/2005 NOTICE-ADDRESS CHANGE PT Victor K. Borden BY: PT Nathanial G. Pieper 105512 W/LETTER TRANSMITTING REPLY BRIEF
03/21/2005 ORDER-RESPONSE/REPLY REQUESTED Respondent, Barnhardt Marine Insurance, Inc. has filed a Motion to Re-Align Parties. Petitioners and all other respondents are hereby requested to serve a response to the above-referenced motion on or before April 5, 2005.
03/31/2005 RESPONSE PT Ocean Insurance Management Inc BY: PT Rebecca A. Brownell 507059 TO BARNHARDT MARINE INSURANCE, INC'S MOTION TO RE-ALIGN PARTIES PURSUANT TO SUPREME COURT OF FLORIDA'S ORDER DATED MARCH 21, 2005
04/01/2005 RESPONSE PT Victor K. Borden BY: PT Nathanial G. Pieper 105512 TO BARNHARDT'S MOTION TO RE-ALIGN PARTIES
04/05/2005 RESPONSE RS East-European Insurance Company BY: RS Steven L. Brannock 319651 TO BARNHARDT MARINE INSURANCE, INC.'S MOTION TO REALIGN THE PARTIES
05/02/2005 ORDER-STRIKE DY Barnhardt Marine Insurance, Inc.'s Motion to Re-Align Parties is hereby granted and Barnhardt Marine Insurance, Inc. is hereby re-aligned as a petitioner in this matter. Barnhardt Marine Insurance, Inc.'s initial brief on the merits was filed with this Court on December 13, 2005. Respondent East-European Insurance Company, etc.'s Motion to Strike Barnhardt Marine Insurance Inc.'s Initial Brief is hereby denied.
06/22/2005 ORDER-OA SCHED/JURIS ACCEPTED
06/22/2005 ORAL ARGUMENT CALENDAR
09/21/2005 MOTION-OTHER SUBSTANTIVE PT Victor K. Borden BY: PT Nathanial G. Pieper 105512 (O&2) PETITIONER BORDEN'S MOTION TO EXPAND TIME FOR ORAL ARGUMENT
09/22/2005 ORDER-OTHER SUBSTANTIVE DY Petitioner Borden's Motion to Expand Time for Oral Argument is hereby denied.
09/29/2005 ORAL ARGUMENT HELD
01/19/2006 DISP-APPROVED We hold that section 626.906(4) is available as a matter of law only in lawsuits brought against unauthorized foreign insurers by Florida residents. We approve the decision reached by the Second District in this case, and disapprove the Third District's decision in Winterthur.
02/09/2006 RECORD/TRANSCRIPT RETURNED Hon. James Birkhold BY: Hon. James Birkhold 6 VOLUMES
02/09/2006 MANDATE CC: COUNSEL
07/07/2006 ARCHIVES