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Doc.
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Date Docketed
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Description
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Filed by
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Notes
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04/23/2008
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NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT)
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PT Louis R. Menendez, Jr. BY: PT Robert C. Tilghman 437050
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04/25/2008
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Filing Fee $300
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2008 - 1008664 Amount: $300
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04/25/2008
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Fee Paid In Full - $300
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04/30/2008
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JURIS INITIAL BRIEF
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PT Louis R. Menendez, Jr. BY: PT Robert C. Tilghman 437050
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W/APPENDIX (O&5 & E-MAIL)
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05/27/2008
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JURIS ANSWER BRIEF
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RS Progressive Express Insurance Company PROGRES BY: RS Douglas H. Stein 355283
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O&5 & E-MAIL (BRIEF EXCEEDS PAGE LIMIT)
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05/27/2008
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ORDER-BRIEF STRICKEN (NON-COMPLIANCE)
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Respondent's answer brief on jurisdiction, which was filed with this Court on May 27, 2008, does not comply with Florida Rule of Appellate Procedure 9.210 and is hereby stricken. Respondent is hereby directed, on or before June 16, 2008, to serve an original and five copies of an amended answer brief on jurisdiction which does not exceed ten pages in length. The table of contents and the citation of authorities shall be excluded from the computation.
Per this Court's Administrative Order In Re: Mandatory Submission of Electronic Copies of Documents, AOSC04-84, dated September 13, 2004, counsel are directed to transmit a copy of all briefs in an electronic format as required by the provisions of that order.
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05/27/2008
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MOTION-ATTORNEYS FEES
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RS Progressive Express Insurance Company PROGRES BY: RS Douglas H. Stein 355283
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FILED AS "RESPONDENT'S MOTION FOR ATTORNEY'S FEES PURSUANT TO PROPOSAL FOR SETTLEMENT" (O&5)
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06/06/2008
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JURIS ANSWER AMD BRIEF
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RS Progressive Express Insurance Company PROGRES BY: RS Douglas H. Stein 355283
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O&5 & E-MAIL
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06/11/2008
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RESPONSE
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PT Louis R. Menendez, Jr. BY: PT Robert C. Tilghman 437050
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TO RESPONDENT'S MOTION FOR ATTORNEY'S FEES (O&5)
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06/27/2008
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NOTICE-ADDRESS CHANGE
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PT Louis R. Menendez, Jr. BY: PT Robert C. Tilghman 437050
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FOR CO-COUNSEL ROBERT C. TILGHMAN
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10/17/2008
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ORDER-JURIS ACCEPTED/BRIEF SCHED
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The Court accepts jurisdiction, but postpones its decision as to whether the above case will be submitted to the Court with or without oral argument.
Petitioner's brief on the merits shall be served on or before November 11, 2008; respondent's brief on the merits shall be served twenty days after service of petitioner's brief on the merits; and petitioner's reply brief on the merits shall be served twenty days after service of respondent's brief on the merits. Please file an original and seven copies of all briefs.
The Clerk of the Third District Court of Appeal shall file the original record which shall be properly indexed and paginated on or before December 17, 2008. The record shall include the briefs filed in the district court separately indexed.
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11/10/2008
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INITIAL BRIEF-MERITS
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PT Louis R. Menendez, Jr. BY: PT Robert C. Tilghman 437050
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O&7 & E-MAIL (NO APPENDIX) 11/12/2008: REQ'D APP
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11/10/2008
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MOTION-ATTORNEYS FEES
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PT Louis R. Menendez, Jr. BY: PT Robert C. Tilghman 437050
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11/18/2008
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APPENDIX
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PT Louis R. Menendez, Jr. BY: PT Robert C. Tilghman 437050
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(TO INITIAL BRIEF-MERITS) (O&7)
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12/02/2008
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ANSWER BRIEF-MERITS
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RS Progressive Express Insurance Company PROGRES BY: RS Douglas H. Stein 355283
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O&7 & E-MAIL
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12/16/2008
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RECORD/TRANSCRIPT
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Mary Cay Blanks BY: Mary Cay Blanks
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3 VOLUMES RECORD AND 1 VOLUME CERT COPIES APPEAL PAPERS
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12/30/2008
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REPLY BRIEF-MERITS
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PT Louis R. Menendez, Jr. BY: PT Robert C. Tilghman 437050
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O&7 & E-MAIL
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12/30/2008
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REQUEST-ORAL ARGUMENT
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PT Louis R. Menendez, Jr. BY: PT Robert C. Tilghman 437050
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(01/12/2009: 7 COPIES FILED)
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03/02/2009
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ORDER-OA SCHED (PREV ACCEPTED)
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The Court previously accepted jurisdiction. The Court will hear oral argument at 9:00 a.m., Wednesday, May 6, 2009.
A maximum of twenty minutes to the side is allowed for the argument, but counsel is expected to use only so much of that time as is necessary.
NO CONTINUANCES WILL BE GRANTED EXCEPT UPON A SHOWING OF EXTREME HARDSHIP.
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03/02/2009
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ORAL ARGUMENT CALENDAR
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05/06/2009
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ORAL ARGUMENT HELD
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02/04/2010
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DISP-QUASHED & REMANDED
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For the foregoing reasons, we hold that section 627.736(11), Florida Statutes (2001), does not apply retroactively to the insurance policy issued to the insureds, because it is a substantive statute. Accordingly, we quash the decision of the Third District Court of Appeal and remand with directions to reinstate the stipulated final judgment and to award attorneys' fees.
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02/18/2010
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MOTION-REHEARING
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PT Louis R. Menendez, Jr. BY: PT Robert C. Tilghman 437050
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FILED AS "PETITIONER'S MOTION FOR CLARIFICATION ON AWARD OF ATTORNEY'S FEES" (O&5) (RC)
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04/22/2010
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DISP-REHEARING GR
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Petitioners' Motion for Clarification on Award of Attorney's Fees treated as a Motion for Rehearing is hereby granted. The opinion issued in this case on February 4, 2010, is withdrawn, and the attached revised opinion dated April 22, 2010, is substituted in its place. (RC)
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04/22/2010
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DISP-QUASHED & REMANDED
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For the foregoing reasons, we hold that section 627.736(11), Florida Statutes (2001), does not apply retroactively to the insurance policy issued to the insureds, because it is a substantive statute. Accordingly, we quash the decision of the Third District Court of Appeal and remand with directions to reinstate the stipulated final judgment and the final judgment awarding attorneys' fees. We also instruct the district court to enter an order awarding attorneys' fees and to remand the issue to the trial court for a determination of the amount of fees for the proceedings at the district court and before this Court.
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05/13/2010
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MANDATE
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CC: COUNSEL
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05/13/2010
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RECORD/TRANSCRIPT RETURNED
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Mary Cay Blanks BY: Mary Cay Blanks
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3 VOLUMES
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06/25/2010
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ARCHIVES
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File
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