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

Size: px
Start display at page:

Download "IN THE DISTRICT COURT OF APPEAL SECOND DISTRICT, STATE OF FLORIDA"

Transcription

1 IN THE DISTRICT COURT OF APPEAL SECOND DISTRICT, STATE OF FLORIDA On Appeal from the Circuit Court of the Thirteenth Judicial Circuit of the State of Florida, in and for Hillsborough County CITY OF TAMPA RETIRED FIRE AND : POLICE ASSOCIATION, INC., a Florida : Corporation; and its Individual Members : Case No. 2D BUD MAXEY, et al., : : L.T. No , Div G Appellants, : : vs. : : The BOARD OF TRUSTEES of the : City Pension Fund for Firefighters and Police : Officers in the City of Tampa, : : Appellee. : / REPLY BRIEF OF APPELLANT CITY OF TAMPA RETIRED FIRE AND POLICE ASSOCIATION, INC. and BUD MAXEY, et.al. By: Fred Carrington, Esq. and Terron M. Carrington, Esq. Carrington & Carrington, P.A. 619 Turner Street Clearwater, FL Attorneys for Appellants

2 NOTE: (as in the Initial Brief, citations to the record on appeal will use the symbol R followed by the appropriate volume and page number; the symbol T followed by the appropriate volume and page number will refer to the trial transcripts; exhibits will be referred to by the record volume and exhibit number as admitted at trial.) ARGUMENT IN RESPONSE AND REBUTTAL TO APPELLEE S ANSWER BRIEF I. Contrary to Appellee s Assertion, the Market Losses Suffered in 2001 and 2002 Were Not Unprecedented To support the unorthodox action of spreading loss to the PRAA taken by the Board of Trustees in April 2002, the Appellee argues that the Pension Fund s market losses from 2001 and 2002 were unprecedented. (Ans. Brief p.2) This is untrue. The combined losses of roughly $319 million for 2001 and 2002 equated to a loss of 27% of the overall value of the Fund. (R38-Exh27 & 29) In the Fund lost money in two consecutive fiscal years. (R39-Exh65 & 71) These losses from the mid-seventies totaled 27% of the overall value of the Fund - exactly the same percentage lost in 2001 and 2002! (id.) 1

3 What happened next is even more striking. The Fund s then-actuary, Mr. Blackburn Hazelhurst, worked for the City of Tampa. Interested in keeping contributions as low as possible, he assigned all the losses from to the PRAA, which devalued it by 27% (approx. -$4.2 million). (R39-Exh65,67&71) A member of the Board of Trustees named Anthony Coniglio, Jr. questioned that conduct as being in violation of the Pension Contract 23. This led to an independent audit of the Fund in 1976 and, ultimately, to the Coniglio lawsuit one year later in which the court found that the intent of the original negotiators of the Contract was that there could not and would not be any negative adjustments to the Post-Retirement Adjustment Account. (Emphasis added) (R25-Exh21&17) The $4.2 million had to be re-paid to the PRAA by the City. In the case sub judice, the Appellant s are essentially advancing the same argument as Anthony Coniglio, to wit, that the PRAA cannot suffer any negative adjustment whatsoever. To hold otherwise would violate 23 of the Pension Contract as well as the 1979 Final Decree and Stipulation from the Coniglio case. The similarities between Coniglio s legal issues, its parties and the nature of its testimony (R39-Exh70) are another reason why the trial court in the present case should have found the principles of res judicata or legal/judicial estoppel apply. 2

4 II. The Base Account and the PRAA are Separate and Distinct from One Another The Appellee gives the impression that the Base account and the PRAA are one account. (Ans. Brief p.3-4) In fact, the two accounts are separate and distinct from each other. They are reconciled separately each fiscal year by the actuary. (R38-Exh27&29) Each account serves a unique purpose - the Base account pays base pension benefits and operating expenses; the PRAA pays COLA benefits. The Base account, per 5 of the Contract, is guaranteed a return of 5% of the total value of the Fund; any shortfall must be made up with future returns and/or by raising contributions. No such guarantee exists for the PRAA. The PRAA is an excess-only account and receives money only after the Base account has met its threshold contractual obligations and if there is excess investment return over 5%. In fact the only time the two accounts are combined is for investment into the financial market, which is managed by Mr Harold Bowen who testified at trial. He testified that over the past 70 years the market was down two consecutive years only twice - once in 2001/2002 and the other time in 1974/1975. (T44-p676) He also testified that because of the overall performance of the Fund, there was no reason to panic nor to make any major changes following the market downturn in 2001 and (T44-p ) This testimony 3

5 is consistent with that of past-fund actuary Mr. Ed Friend and undercuts the Board s rationale that the losses from 01 and 02 required the drastic action of spreading losses to the PRAA. III. The Board has created a Double Standard for Administering the Fund which Breaches the Pension Contract The Appellee uses an example involving 4% and -4% returns to illustrate an accounting point. (Ans. Brief p 9-10) With respect to the PRAA, there is no difference between a 4% return and a -4% return. In either case the PRAA would get no money. Per 23 of the Contract the Base account must meet the threshold return of 5% of the value of the whole Fund each fiscal year not 4%. (See also R39-Exh49) Any year the investment return is less than 5% of the value of the entire Fund, the PRAA gets nothing. When the Board decided to spread losses pro-rata to the PRAA in April 2002, it created an accounting double standard for administration of the Fund. The Appellee will not spread gains pro-rata to the PRAA. When times are tough financially the Board must still follow the Contract, and the trial court should not have relieved them of the contractual obligation to assign the losses to the Base account and to repay them over time. (See Beach Resort Hotel Corp. v. Weider, 79 4

6 So.2d 659,663)(courts may not rewrite or interfere with a contract in order to relieve on of the parties from apparent hardship of an improvident bargain.) This would be consistent with the Contract, with the Coniglio decree and with the Appellee s past practices since In 2001 and 2002 the Board relieved itself of $210 million worth of debt. According to the 23 of the Contract, this loss should have been assigned to the Base account and made up over time from future investment gains and/or by increased contributions. Lest this Court think that seems too harsh, it should remember that by mid-2003 the active fire and police unions had already successfully negotiated a 26% increase to their base pension benefit which is to be applied retroactively to each person s date of employment. (R38-Exh38&39). This was introduced in 2003 to the local legislative delegation. By the time the Appellee s Steering Committee convened in January 2004, this legislation had been approved by the local delegation. It passed the very next Legislative session as Laws of Florida IV. Appellee s Reasons for Spreading Losses to the PRAA were Arrived at After-the Fact Contrary to Appellee assertion, the infamous 4-A s memo of April 2002 is 5

7 the only documentary evidence of any discussions by the Appellee on its decision to spread losses to the PRAA. (R38-Exh32) There are no other documents created contemporaneously in time with the spreading of the losses which reflect the thinking of the Appellee. Even Appellee s Policy No. 713, entitled Treatment of Investment Returns of Less than 5% was not written, much less adopted, until 2 ½ years after the fact. (R39-Exh49) Curiously, for all of Appellee s reliance at trial on F.S , the April Memo makes no mention of this whatsoever. It is a well-meaning piece of legislation meant to ensure the actuarial soundness of pension plans in the state, and Appellants have no quarrel with it. Appellants have always contended, however, that F.S simply has nothing to do with this case. In fact, not until the litigation began in earnest was F.S mentioned. The 4-A s Memo makes no mention of it. Former Board member David Keene was the individual who discovered the April Memo and was never told that F.S was a justification for the Board s actions. (Contrary to Appellee assertion that the Appellant s are ill-motivated, at the time of his discovery of the loss spreading, former Board Chairman Mr. Keene was not even a member of Appellant s organization.) So confused was the Board about how it arrived at the decision to spread losses to the PRAA, a Steering Committee was formed and met twice in January 6

8 2004 to attempt to reconstruct the reasons for its conduct. No meetings regarding the Appellee s decision-making process occurred prior to their spreading of the losses. (T42-p259to271 and p282to291) Additionally, the independent legal opinion obtained by the Appellee at January, 2004's Steering Committee was written by none other than Mr. Ronald Cohen, Esq., the current attorney for the Appellee and co-author of the Answer Brief. (Ans. Brief p16) Mr. Cohen s former law partner was Mr. Stuart Kauffman, Esq., the current attorney for the Tampa police and fire unions who counter-sued the Appellants for tortuous interference with business relationship at the trial level. This counter-suit was dismissed. V. The Appellee s Discretion to Administer the Fund Does Not Permit it to Breach the Contract. The Appellee s rely heavily on 5 of the Pension Contract which gives the Board discretion to administer the Contract. Specifically, the pertinent paragraph of 5(E) reads, Subject to the limitations of this Act the Board of Trustees shall from time to time establish rules and regulations for the administration of funds created by this Act and for the transaction of its business, including provisions for the compulsory attendance of its members, which shall have the force of law. 7

9 (Emphasis added) (The Act referenced therein is the Special Act of the Legislature, and subsequent amendments, which created the Pension Fund.) The emphasized portion 5 was not included in the Appellee s Answer Brief when it discussed its discretion. (Ans. Brief p2 & 18) The limitations of the Act include 23 which divides the Fund into the Base account and the PRAA. That section, read in pari materia with the Coniglio holding, limits the Appellee s discretion. The option of spreading losses to the PRAA was not a choice lawfully available to the Appellee. To do so was an abuse of their discretion and violated the Pension Contract. VI. Conclusion There can be no discretion on whether to breach or not to breach the Pension Contract. This Pension Contract is more than a simple two-party contract between private individuals. The Pension Contract was implemented by virtue of a Special Act of the Legislature. To interpret 5 as Appellee wishes effectively dismantles the sacrosanct nature of the Pension Contract and gives a nine-member Board carte blanche authority to administer the Fund without regard to the limitations imposed by the Legislature when it passed the Special Act creating our Pension Fund. Accordingly, the decision of the trial court should be reversed. 8

10 Respectfully submitted, CARRINGTON & CARRINGTON, P.A. FRED CARRINGTON, ESQ. Florida Bar No TERRON M. CARRINGTON, ESQ. Florida Bar Number: Turner Street Clearwater, Florida Telephone: (727) Facsimile: (727) Attorneys for Appellants 9

11 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing has been furnished by U.S. Mail and facsimile to: Patrick H. Gonyea, Esq. Vernis & Bowling of Miami, P.A N.E. 135th Street North Miami, FL Ronald J. Cohen, Esq Oak Lane, Suite 403 Miami Lakes, FL this day of,

12 CERTIFICATE OF COMPLIANCE I, Terron M. Carrington, Esq., hereby certify compliance with the font requirements of Rule 9.210, Florida Rules of Appellant Procedure. This brief is submitted in Times New Roman 14 point font. Terron M. Carrington., Esq. 11

IN THE SUPREME COURT OF FLORIDA CASE NO. 04-1461 STATE OF FLORIDA, Appellant, vs. SEAN E. CREGAN, Appellee.

IN THE SUPREME COURT OF FLORIDA CASE NO. 04-1461 STATE OF FLORIDA, Appellant, vs. SEAN E. CREGAN, Appellee. IN THE SUPREME COURT OF FLORIDA CASE NO. 04-1461 STATE OF FLORIDA, Appellant, vs. SEAN E. CREGAN, Appellee. ************************************************************** ** ON APPEAL FROM THE CIRCUIT

More information

IN THE THIRD DISTRICT COURT OF APPEAL, STATE OF FLORIDA

IN THE THIRD DISTRICT COURT OF APPEAL, STATE OF FLORIDA IN THE THIRD DISTRICT COURT OF APPEAL, STATE OF FLORIDA CASE NO.: 3D12-2622 FERNANDO MONTES and XIOMARA FROMETA Appellants, vs. MASTEC NORTH AMERICA, INC., d/b/a ADVANCED TECHNOLOGIES, Appellee. On Appeal

More information

IN THE DISTRICT COURT OF APPEAL SECOND DISTRICT, LAKELAND, FLORIDA. v. Case No.: 2D11- PETITION FOR WRIT OF PROHIBITION

IN THE DISTRICT COURT OF APPEAL SECOND DISTRICT, LAKELAND, FLORIDA. v. Case No.: 2D11- PETITION FOR WRIT OF PROHIBITION MARGARITA WHIDDEN, DON J. PEREZ, and PEREZ & PEREZ, M.D., P.A. IN THE DISTRICT COURT OF APPEAL SECOND DISTRICT, LAKELAND, FLORIDA Petitioners, L.T. Case No. 08-DR-2175 v. Case No.: 2D11- HONORABLE CATHERINE

More information

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2011

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2011 DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2011 JON AGEE and SUSAN AGEE, Appellants, v. ROGER L. BROWN, as Personal Representative of the ESTATE OF HERBERT G. BIRCK and

More information

REPLY BRIEF OF APPELLANT

REPLY BRIEF OF APPELLANT E-Filed Document May 19 2014 15:36:57 2013-IA-00181-SCT Pages: 10 IN THE SUPREME COURT OF MISSISSIPPI CASE NO. No. 2013-IA-00181 VICKSBURG HEALTHCARE, LLC d/b/a RIVER REGION HEALTH SYSTEM APPELLANT VS.

More information

v. CASE NO.: CVA1 09-16 Lower Court Case No.: 2008-CC-7009-O

v. CASE NO.: CVA1 09-16 Lower Court Case No.: 2008-CC-7009-O IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA ELOURDE COLIN, Appellant, v. CASE NO.: CVA1 09-16 Lower Court Case No.: 2008-CC-7009-O PROGRESSIVE AMERICAN INSURANCE

More information

: SCHOOL ETHICS COMMISSION

: SCHOOL ETHICS COMMISSION : IN THE MATTER : BEFORE THE : SCHOOL ETHICS COMMISSION OF : : Docket No.: C11-03 WILLIAM PATTERSON : SOMERDALE BOARD OF EDUCATION : DECISION CAMDEN COUNTY : : PROCEDURAL HISTORY The above matter arises

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 BARBRA R. JOYNER, Appellant, CASE NO.: 2012-CV-000003-A-O Lower Case No.: 2010-CC-010676-O v. ONE THOUSAND OAKS, INC.,

More information

IN THE SUPREME COURT OF FLORIDA. By, -.., Deputy. Clerk,,p DISCRETIONARY REVIEW OF THE DECISION SECOND DISTRICT COURT OF APPEAL STATE OF FLORIDA

IN THE SUPREME COURT OF FLORIDA. By, -.., Deputy. Clerk,,p DISCRETIONARY REVIEW OF THE DECISION SECOND DISTRICT COURT OF APPEAL STATE OF FLORIDA IN THE SUPREME COURT OF FLORIDA CHARLES KOOPMAN, Appellant, CASE NO. 70, 588 VS. STATE OF FLORIDA, Appellee. / / By, -.., Deputy. Clerk,,p DISCRETIONARY REVIEW OF THE DECISION SECOND DISTRICT COURT OF

More information

IN THE SUPREME COURT OF FLORIDA CASE NO. SC11-1173 L.T. NO. 3D10-488. JOAN RUBLE, as Personal Representative of the Estate of LANCE RUBLE, deceased,

IN THE SUPREME COURT OF FLORIDA CASE NO. SC11-1173 L.T. NO. 3D10-488. JOAN RUBLE, as Personal Representative of the Estate of LANCE RUBLE, deceased, IN THE SUPREME COURT OF FLORIDA CASE NO. SC11-1173 L.T. NO. 3D10-488 JOAN RUBLE, as Personal Representative of the Estate of LANCE RUBLE, deceased, Petitioner, vs. RINKER MATERIALS CORPORATION, RINKER

More information

SUPREME COURT OF FLORIDA PETITIONER S INITIAL BRIEF ON JURISDICTION

SUPREME COURT OF FLORIDA PETITIONER S INITIAL BRIEF ON JURISDICTION AA-53816-5/reo/20330947 L.T. CASE NO. 5D06-3639 SUPREME COURT OF FLORIDA RANDALL B. WHITNEY, M.D., JAMES SCOTT PENDERGRAFT, IV, M.D., and ORLANDO WOMEN'S CENTER, INC., a Florida corporation, Petitioners,

More information

... IN THE SUPREME COURT OF FLORIDA TALLAHASSEE, FLORIDA CASE NO: 66,025 BRUCE WAXMAN, Petitioner, JOSEPH TILLMAN, et a1., Respondents.

... IN THE SUPREME COURT OF FLORIDA TALLAHASSEE, FLORIDA CASE NO: 66,025 BRUCE WAXMAN, Petitioner, JOSEPH TILLMAN, et a1., Respondents. ... IN THE SUPREME COURT OF FLORIDA TALLAHASSEE, FLORIDA CASE NO: 66,025 BRUCE WAXMAN, Petitioner, v. JOSEPH TILLMAN, et a1., Respondents. BRIEF OF CROSS-PETITIONER TILLMAN ON JURISDICTION KOCHA & HOUSTON,

More information

ELAINE MORRIS, TRUSTEE, CASE NO.: 2014-CV-52-A-O TRULIET INVESTMENTS, LLC

ELAINE MORRIS, TRUSTEE, CASE NO.: 2014-CV-52-A-O TRULIET INVESTMENTS, LLC IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA ELAINE MORRIS, TRUSTEE, CASE NO.: 2014-CV-52-A-O TRULIET INVESTMENTS, LLC v. Appellant, CITY OF ORLANDO, FLORIDA Appellee.

More information

BEFORE THE STATE TAX APPEAL BOARD OF THE STATE OF MONTANA -----------------------------------------------------------------

BEFORE THE STATE TAX APPEAL BOARD OF THE STATE OF MONTANA ----------------------------------------------------------------- BEFORE THE STATE TAX APPEAL BOARD OF THE STATE OF MONTANA ----------------------------------------------------------------- ROBERTA FRANCINE GILMORE, ) ) Appellant, ) DOCKET NO.: SPT-2005-1 ) -vs- ) )

More information

v. CASE NO.: 2010-CV-15-A Lower Court Case No.: 2008-CC-19076-O

v. CASE NO.: 2010-CV-15-A Lower Court Case No.: 2008-CC-19076-O IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA MAURICIO CHIROPRACTIC WEST, as assignee of Alesha Kirkland, Appellant, v. CASE NO.: 2010-CV-15-A Lower Court Case No.:

More information

Pamela Jo Bondi, Attorney General, and J. Clifton Cox, Special Counsel, Tallahassee, for Appellee.

Pamela Jo Bondi, Attorney General, and J. Clifton Cox, Special Counsel, Tallahassee, for Appellee. IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA VERIZON BUSINESS PURCHASING, LLC, v. Appellant, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

More information

RULE 1. ASSIGNMENT OF CASES

RULE 1. ASSIGNMENT OF CASES LOCAL RULES FOR FOURTH CIRCUIT COURT DISTRICT OF MISSISSIPPI [Renumbered and codified by order of the Supreme Court effective May 18, 2006; amended effective April 23, 2009.] RULE 1. ASSIGNMENT OF CASES

More information

Illinois Official Reports

Illinois Official Reports Illinois Official Reports Appellate Court Wright v. Board of Trustees, State Universities Retirement System, 2014 IL App (4th) 130719 Appellate Court Caption CHERYL WRIGHT, Plaintiff-Appellant, v. THE

More information

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT ALFREDO MEJIA, ) ) Appellant, ) ) v. ) Case No. 2D13-2248 ) CITIZENS

More information

IN THE SUPREME COURT OF FLORIDA THE FLORIDA BAR. Appellee JOHN STANLEY MORSE. Appellant

IN THE SUPREME COURT OF FLORIDA THE FLORIDA BAR. Appellee JOHN STANLEY MORSE. Appellant IN THE SUPREME COURT OF FLORIDA CASE NO. SC96,090 TFB NO. 99-10,015 (13F) THE FLORIDA BAR Appellee v. JOHN STANLEY MORSE Appellant RESPONSE BRIEF OF APPELLANT John S. Morse, Esquire John S. Morse, P.A.

More information

UNREPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND. No. 2319. September Term, 2012 MARY LYONS KENNETH HAUTMAN A/K/A JOHN HAUTMAN

UNREPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND. No. 2319. September Term, 2012 MARY LYONS KENNETH HAUTMAN A/K/A JOHN HAUTMAN UNREPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 2319 September Term, 2012 MARY LYONS v. KENNETH HAUTMAN A/K/A JOHN HAUTMAN Zarnoch, Graeff, Moylan, Charles E. Jr. (Retired, Specially Assigned),

More information

IN THE COURT OF APPEALS OF INDIANA

IN THE COURT OF APPEALS OF INDIANA Pursuant to Ind.Appellate Rule 65(D, this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral

More information

IN THE DISTRICT COURT OF THE FIRST JUDICIAL DISTRICT OF THE STATE OF IDAHO IN AND FOR THE COUNTY OF KOOTENAI ) ) ) ) ) ) ) ) )

IN THE DISTRICT COURT OF THE FIRST JUDICIAL DISTRICT OF THE STATE OF IDAHO IN AND FOR THE COUNTY OF KOOTENAI ) ) ) ) ) ) ) ) ) STATE OF IDAHO County of KOOTENAI ss FILED AT O'Clock M CLERK OF DISTRICT COURT Deputy IN THE DISTRICT COURT OF THE FIRST JUDICIAL DISTRICT OF THE STATE OF IDAHO IN AND FOR THE COUNTY OF KOOTENAI SKY CANYON

More information

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 IN THE SUPERIOR COURT OF PENNSYLVANIA. Appellee No. 861 WDA 2015

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 IN THE SUPERIOR COURT OF PENNSYLVANIA. Appellee No. 861 WDA 2015 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 C.M.W. Appellant IN THE SUPERIOR COURT OF PENNSYLVANIA v. M.J.S. Appellee No. 861 WDA 2015 Appeal from the Order Entered May 1, 2015 In the Court

More information

competent substantial evidence. Florida Dept. of Highway Safety & Motor Vehicles v. Luttrell,

competent substantial evidence. Florida Dept. of Highway Safety & Motor Vehicles v. Luttrell, IN THE CIRCUIT COURT FOR THE NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA MICHAEL SASSO, CASE NO. 2014-CA-1853-O v. Petitioner, STATE OF FLORIDA, DEPARTMENT OF HIGHWAY SAFETY & MOTOR VEHICLES,

More information

This is the appeal of an Amended Final Judgment Awarding Costs and Attorney's

This is the appeal of an Amended Final Judgment Awarding Costs and Attorney's IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT, IN AND FOR SEMINOLE COUNTY, FLORIDA STATE FARM MUTUAL AUTOMOBILE APPELLATE DIVISION INSURANCE COMPANY, CASE NO.: 00-14 L.T. CASE NO.: 97-769-CC

More information

2015 IL App (5th) 140355-U NO. 5-14-0355 IN THE APPELLATE COURT OF ILLINOIS FIFTH DISTRICT

2015 IL App (5th) 140355-U NO. 5-14-0355 IN THE APPELLATE COURT OF ILLINOIS FIFTH DISTRICT NOTICE Decision filed 05/12/15. The text of this decision may be changed or corrected prior to the filing of a Petition for Rehearing or the disposition of the same. 2015 IL App (5th) 140355-U NO. 5-14-0355

More information

Case 8:13-cv-01060-EAK-TBM Document 14 Filed 05/20/13 Page 1 of 7 PageID 49 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

Case 8:13-cv-01060-EAK-TBM Document 14 Filed 05/20/13 Page 1 of 7 PageID 49 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION Case 8:13-cv-01060-EAK-TBM Document 14 Filed 05/20/13 Page 1 of 7 PageID 49 SUZANNE RAWLINS, Plaintiff, UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION v. Case No.: 8:13-cv-1060-EAK-TBM

More information

AMENDED CLASS ACTION COMPLAINT

AMENDED CLASS ACTION COMPLAINT IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA. KIM WALLANT and LOUIS BOREK, on behalf of themselves and all others similarly situated, vs. Plaintiffs, FREEDOM

More information

IN THE SUPREME COURT OF FLORIDA (Lower Court Case No.: 4D05-746) CASE NO. SC05-1395 STATE OF FLORIDA, Petitioner, vs. JEFFREY LOVELACE, Respondent.

IN THE SUPREME COURT OF FLORIDA (Lower Court Case No.: 4D05-746) CASE NO. SC05-1395 STATE OF FLORIDA, Petitioner, vs. JEFFREY LOVELACE, Respondent. IN THE SUPREME COURT OF FLORIDA (Lower Court Case No.: 4D05-746) CASE NO. SC05-1395 STATE OF FLORIDA, Petitioner, vs. JEFFREY LOVELACE, Respondent. ****************************************** PETITIONER=S

More information

Empire Purveyors, Inc. v Brief Justice Carmen & Kleiman, LLP 2009 NY Slip Op 32752(U) November 17, 2009 Supreme Court, New York County Docket Number:

Empire Purveyors, Inc. v Brief Justice Carmen & Kleiman, LLP 2009 NY Slip Op 32752(U) November 17, 2009 Supreme Court, New York County Docket Number: Empire Purveyors, Inc. v Brief Justice Carmen & Kleiman, LLP 2009 NY Slip Op 32752(U) November 17, 2009 Supreme Court, New York County Docket Number: 110909/08 Judge: Jane S. Solomon Republished from New

More information

Third District Court of Appeal State of Florida

Third District Court of Appeal State of Florida Third District Court of Appeal State of Florida Opinion filed October 14, 2015. Not final until disposition of timely filed motion for rehearing. Nos. 3D14-2434, 3D14-1549 Lower Tribunal No. 12-36797 Citizens

More information

IN THE SUPREME COURT OF FLORIDA

IN THE SUPREME COURT OF FLORIDA IN THE SUPREME COURT OF FLORIDA STATE OF FLORIDA, Petitioner, v. Case No. SC01-2558 PAUL VANBEBBER, Respondent. ON PETITION FOR REVIEW FROM THE SECOND DISTRICT COURT OF APPEAL STATE OF FLORIDA REPLY BRIEF

More information

IN THE COURT OF APPEALS OF INDIANA

IN THE COURT OF APPEALS OF INDIANA Pursuant to Ind.Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral

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 ALFA VISION INSURANCE CORPORATION, v. Appellant, TAMPA CHIROPRACTIC CENTER a/a/o VICTOR GUE, CASE NO.: 2011-CV-87 Lower

More information

IN THE SUPREME COURT OF FLORIDA CASE NO. 72,322. JOHN INSINGA, as personal Representa. Appellant, vs.

IN THE SUPREME COURT OF FLORIDA CASE NO. 72,322. JOHN INSINGA, as personal Representa. Appellant, vs. IN THE SUPREME COURT OF FLORIDA CASE NO. 72,322 / JOHN INSINGA, as personal Representa of the Estate of MILDRED INSINGA, Dec Appellant, vs. ICHELLE LaBELLA et al., and HUMANA, d/b/a BISCAYNE MEDICAL CENTER,

More information

CLARK COUNTY, NEVADA. ANSWER ) Defendant. ) )

CLARK COUNTY, NEVADA. ANSWER ) Defendant. ) ) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ANS (NAME) (ADDRESS) (CITY, STATE, ZIP) (TELEPHONE) Defendant Pro Se DISTRICT COURT CLARK COUNTY, NEVADA ) ) Case No.: Plaintiff,

More information

DISTRICT OF COLUMBIA COURT OF APPEALS. No. 01-CV-810. Appeal from the Superior Court of the District of Columbia (CA-7519-00)

DISTRICT OF COLUMBIA COURT OF APPEALS. No. 01-CV-810. Appeal from the Superior Court of the District of Columbia (CA-7519-00) Notice: This opinion is subject to formal revision before publication in the Atlantic and Maryland Reporters. Users are requested to notify the Clerk of the Court of any formal errors so that corrections

More information

REFERENCE ACTION ANALYST STAFF DIRECTOR 1) Public Safety & Domestic Security Policy Committee Padgett Kramer SUMMARY ANALYSIS

REFERENCE ACTION ANALYST STAFF DIRECTOR 1) Public Safety & Domestic Security Policy Committee Padgett Kramer SUMMARY ANALYSIS HOUSE OF REPRESENTATIVES STAFF ANALYSIS BILL #: HB 383 Discovery Depositions SPONSOR(S): Thompson TIED BILLS: IDEN./SIM. BILLS: SB 2154 REFERENCE ACTION ANALYST STAFF DIRECTOR 1) Public Safety & Domestic

More information

UNITED STATES BANKRUPTCY APPELLATE PANEL OF THE TENTH CIRCUIT

UNITED STATES BANKRUPTCY APPELLATE PANEL OF THE TENTH CIRCUIT BAP Appeal No. 05-36 Docket No. 29 Filed: 01/20/2006 Page: 1 of 7 UNITED STATES BANKRUPTCY APPELLATE PANEL OF THE TENTH CIRCUIT IN RE RICHARD A. FORD and TONDA L. FORD, also known as Tonda Yung, Debtors.

More information

IN THE CIRCUIT COURT FOR THE SIXTH JUDICIAL CIRCUIT IN AND FOR PINELLAS COUNTY, FLORIDA APPELLATE DIVISION

IN THE CIRCUIT COURT FOR THE SIXTH JUDICIAL CIRCUIT IN AND FOR PINELLAS COUNTY, FLORIDA APPELLATE DIVISION County Civil Court: INSURANCE Personal Injury Protection Policy language stating that any amounts payable under this coverage shall be subject to any and all limitations including, but not limited to,

More information

304 Palermo Avenue Coral Gables, FL 33134 (305) 444-5925 I N THE SUPREME COURT OF FLORIDA CASE NO. 70,179

304 Palermo Avenue Coral Gables, FL 33134 (305) 444-5925 I N THE SUPREME COURT OF FLORIDA CASE NO. 70,179 I N THE SUPREME COURT OF FLORIDA CASE NO. 70,179 JUAN DOMINGUEZ and GRACIELA DOMINGUEZ, Petitioners, BUCYRUS-ERIE COMPANY, Respondent. PETITIONERS' REPLY BRIEF ON THE MERITS LISA BENNETT, ESQUIRE 304 Palermo

More information

SUPREME COURT OF FLORIDA CASE NO. SC02-152 KEVIN M. STEELE, Petitioner, vs. SUSAN B. KINSEY and UNITED AUTOMOBILE INSURANCE COMPANY, Respondents.

SUPREME COURT OF FLORIDA CASE NO. SC02-152 KEVIN M. STEELE, Petitioner, vs. SUSAN B. KINSEY and UNITED AUTOMOBILE INSURANCE COMPANY, Respondents. SUPREME COURT OF FLORIDA CASE NO. SC02-152 KEVIN M. STEELE, Petitioner, vs. SUSAN B. KINSEY and UNITED AUTOMOBILE INSURANCE COMPANY, Respondents. On Review from the Second District Court of Appeal, Case

More information

Case 3:09-cv-01222-MMH-JRK Document 33 Filed 08/10/10 Page 1 of 8 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION

Case 3:09-cv-01222-MMH-JRK Document 33 Filed 08/10/10 Page 1 of 8 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION Case 3:09-cv-01222-MMH-JRK Document 33 Filed 08/10/10 Page 1 of 8 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION PHL VARIABLE INSURANCE COMPANY, Plaintiff, vs. Case No. 3:09-cv-1222-J-34JRK

More information

WELLS FARGO HOME MORTGAGE, INC. CHRISTOPHER E. SPAULDING et al. [ 1] Christopher E. and Lorraine M. Spaulding appeal from a judgment

WELLS FARGO HOME MORTGAGE, INC. CHRISTOPHER E. SPAULDING et al. [ 1] Christopher E. and Lorraine M. Spaulding appeal from a judgment MAINE SUPREME JUDICIAL COURT Decision: 2007 ME 116 Docket: Cum-06-737 Submitted On Briefs: June 13, 2007 Decided: August 16, 2007 Reporter of Decisions Panel: SAUFLEY, C.J., and CLIFFORD, ALEXANDER, CALKINS,

More information

1999, the decree ordered Molly to pay, as a part of the division of the marital estate, the $14,477

1999, the decree ordered Molly to pay, as a part of the division of the marital estate, the $14,477 Reverse and Remand; Opinion Filed May 4, 2015. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-01422-CV TEXANS CREDIT UNION, Appellant V. RICHARD C. BRIZENDINE, Appellee On Appeal

More information

IN THE FLORIDA SUPREME COURT STATE OF FLORIDA. Petitioner/Appellant below DCA Case No.: 1D04-2453. v. JUDGE : David Langham

IN THE FLORIDA SUPREME COURT STATE OF FLORIDA. Petitioner/Appellant below DCA Case No.: 1D04-2453. v. JUDGE : David Langham IN THE FLORIDA SUPREME COURT STATE OF FLORIDA Robert Flamily Case No.: SC06-847 Petitioner/Appellant below DCA Case No.: 1D04-2453 v. JUDGE : David Langham City of Orlando and City of Orlando Risk Management

More information

BRUCE LYNN CRUM, CASE NO. CVA1 07-83 County Court Case No. 07-TR-154449-O Appellant,

BRUCE LYNN CRUM, CASE NO. CVA1 07-83 County Court Case No. 07-TR-154449-O Appellant, IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA BRUCE LYNN CRUM, CASE NO. CVA1 07-83 County Court Case No. 07-TR-154449-O Appellant, vs. STATE OF FLORIDA, Appellee.

More information

IN THE SUPREME COURT OF FLORIDA. v. L.T. Case No. 4D07-437 PETITIONERS BRIEF ON JURISDICTION. Florida Bar No. 991856 Florida Bar No.

IN THE SUPREME COURT OF FLORIDA. v. L.T. Case No. 4D07-437 PETITIONERS BRIEF ON JURISDICTION. Florida Bar No. 991856 Florida Bar No. IN THE SUPREME COURT OF FLORIDA HEALTH CARE AND RETIREMENT CORPORATION OF AMERICA, INC.; MANORCARE HEALTH SERVICES, INC., d/b/a, HEARTLAND HEALTH CARE, Petitioners, Case No. SC07-1849 v. L.T. Case No.

More information

IN THE SUPREME COURT THE STATE OF ILLINOIS

IN THE SUPREME COURT THE STATE OF ILLINOIS 2015 IL 118143 IN THE SUPREME COURT OF THE STATE OF ILLINOIS (Docket No. 118143) ALMA McVEY, Appellee, v. M.L.K. ENTERPRISES, L.L.C. (Southern Illinois Hospital Services, d/b/a Memorial Hospital of Carbondale,

More information

COURT OF APPEALS OF THE STATE OF MISSISSIPPI

COURT OF APPEALS OF THE STATE OF MISSISSIPPI COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO.2010-CA-01424-COA MCCOMB NURSING AND REHABILITATION CENTER, LLC VS. MASUMI LEE, INDIVIDUALLY, AND AS ON BEHALF OF THE WRONGFUL DEATH BENEFICIARIES OF ROBERT

More information

RESPONDENT'S ANSWER BRIEF JAMES H. WHITE, JR. STAATS, WHITE & CLARKE. Florida Bar No.: 309303. 229 McKenzie Avenue. Panama City, Florida 32401

RESPONDENT'S ANSWER BRIEF JAMES H. WHITE, JR. STAATS, WHITE & CLARKE. Florida Bar No.: 309303. 229 McKenzie Avenue. Panama City, Florida 32401 IN THE SUPREME COURT OF FLORIDA FILED THE TRAVELERS INSURANCE COMPANY and THE PHOENIX INSURANCE COMPANY, vs. Petitioners, CASE NO.: 85,337 BRETT ALLAN WARREN, Personal DISTRICT COURT OF APPEAL Representative

More information

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT January Term 2014

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT January Term 2014 DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT January Term 2014 CVE MASTER MANAGEMENT COMPANY, INC., Appellant, v. VENTNOR "B" CONDOMINIUM ASSOCIATION, INC., a Florida nonprofit corporation;

More information

IN THE COURT OF APPEALS OF INDIANA

IN THE COURT OF APPEALS OF INDIANA FOR PUBLICATION ATTORNEY FOR APPELLANT: ROBERT M. EDWARDS, JR. Jones Obenchain, LLP South Bend, Indiana ATTORNEY FOR APPELLEE: KATHRYN A. MOLL Nation Schoening Moll Fortville, Indiana IN THE COURT OF APPEALS

More information

SUPREME COURT OF FLORIDA

SUPREME COURT OF FLORIDA SUPREME COURT OF FLORIDA CASE NO.: SC02-152 KEVIN M. STEELE, Petitioner, vs. SUSAN B. KINSEY and UNITED AUTOMOBILE INSURANCE COMPANY, Respondents. ON DISCRETIONARY REVIEW FROM THE DISTRICT COURT OF APPEAL,

More information

ESCAMBIA COUNTY SHERIFF'S DEPARTMENT, ET AL., 1st District - No. 94-1950 CITY OF LAKELAND'S AMICUS CURIAE BRIEF

ESCAMBIA COUNTY SHERIFF'S DEPARTMENT, ET AL., 1st District - No. 94-1950 CITY OF LAKELAND'S AMICUS CURIAE BRIEF IN THE SUPREME COURT OF FLORIDA st:; J. bv-!lte ESCAMBIA COUNTY SHERIFF'S DEPARTMENT, ET AL., V. Appellants, CASE NO.: 86,327 District Court of Appeal, 1st District - No. 94-1950 THOMAS GRICE, Appellee

More information

SUPREME COURT OF FLORIDA CASE NO. SC05-220 INITIAL BRIEF OF APPELLANT

SUPREME COURT OF FLORIDA CASE NO. SC05-220 INITIAL BRIEF OF APPELLANT SUPREME COURT OF FLORIDA DIVISION OF WORKERS COMPENSATION Appellant, vs. CASE NO. SC05-220 RICARDO CAGNOLI, ET AL. Appellees. / INITIAL BRIEF OF APPELLANT DIVISION OF WORKERS COMPENSATION On Appeal of

More information

IN THE SUPREME COURT STATE OF FLORIDA. Case Number: SC10-390 Lower Tribunal Case Nos.: 1D07-5561, 1D07-5557 (Consolidated)

IN THE SUPREME COURT STATE OF FLORIDA. Case Number: SC10-390 Lower Tribunal Case Nos.: 1D07-5561, 1D07-5557 (Consolidated) IN THE SUPREME COURT STATE OF FLORIDA Case Number: SC10-390 Lower Tribunal Case Nos.: 1D07-5561, 1D07-5557 (Consolidated) FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION, Petitioner,

More information

On November 2, 2009, the presiding officer submitted her Recommended Order

On November 2, 2009, the presiding officer submitted her Recommended Order STATE OF FLORIDA STATE BOARD OF ADMINISTRATION DONALD GILBERT, Petitioner, vs. ) Case No. 2009-1548 ) STATE BOARD OF ADMINISTRATION, ) ) Respondent. ) ) ) FINAL ORDER On November 2, 2009, the presiding

More information

IN THE SUPREME COURT OF FLORIDA COMMENTS OF THE FLORIDA PUBLIC DEFENDER ASSOCIATION (FPDA)

IN THE SUPREME COURT OF FLORIDA COMMENTS OF THE FLORIDA PUBLIC DEFENDER ASSOCIATION (FPDA) IN THE SUPREME COURT OF FLORIDA IN THE MATTER OF USE BY THE TRIAL COURTS OF THE STANDARD JURY INSRUCTIONS (CRIMINAL CASES) Case No. SC05-1621 COMMENTS OF THE FLORIDA PUBLIC DEFENDER ASSOCIATION (FPDA)

More information

ON APPEAL FROM THE OFFICE OF THE DEPUTY COMMISSIONER, DISTRICT "F" FLORIDA DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY

ON APPEAL FROM THE OFFICE OF THE DEPUTY COMMISSIONER, DISTRICT F FLORIDA DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY IN THE SUPREME COURT OF FLORIDA USS AGRI-CHEMICALS, a Division of USX CORPORATION, Petitioner, VS. CASE NO. 72,245 1st DISTRICT - NO. BR-411 JOHN W. WADDELL, and Respondent, STATE OF FLORIDA, DEPARTMENT

More information

IN THE SUPREME COURT OF FLORIDA PETITIONER S REPLY BRIEF IN SUPPORT OF PETITION FOR REVIEW

IN THE SUPREME COURT OF FLORIDA PETITIONER S REPLY BRIEF IN SUPPORT OF PETITION FOR REVIEW IN THE SUPREME COURT OF FLORIDA THE FLORIDA BAR Complainant V. R. PATRICK MIRK Petitioner/Respondent / Case No: SC08-1423 Lower Tribunal: 2006-10,783 (13B) 2006-11,698 (13B) PETITIONER S REPLY BRIEF IN

More information

In The Court of Appeals Fifth District of Texas at Dallas MEMORANDUM OPINION

In The Court of Appeals Fifth District of Texas at Dallas MEMORANDUM OPINION AFFIRMED and Opinion Filed May 31, 2013 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-11-01058-CV HHT LIMITED COMPANY AND MICHAEL MALONE, JR., Appellants V. NATIONWIDE RECOVERY SYSTEMS,

More information

IN THE SUPREME COURT OF FLORIDA CASE NO. SC04-1012

IN THE SUPREME COURT OF FLORIDA CASE NO. SC04-1012 IN THE SUPREME COURT OF FLORIDA CASE NO. SC04-1012 CAROLYN R. WADE, f/k/a CAROLYN R. HIRSCHMAN, Petitioner, v. L.T. No. 5D03-2797 MICHAEL D. HIRSCHMAN, Respondent. ON REVIEW FROM THE DISTRICT COURT OF

More information

IN THE SUPREME COURT OF FLORIDA CASE NO.: SC11-1512

IN THE SUPREME COURT OF FLORIDA CASE NO.: SC11-1512 IN THE SUPREME COURT OF FLORIDA STATE OF FLORIDA, Petitioner, vs. CASE NO.: SC11-1512 GREGORY G. GEISS, Respondent. / AMICUS CURIAE BRIEF BY FLORIDA ASSOCIATION OF CRIMINAL DEFENSE LAWYERS (FACDL) ON BEHALF

More information

IN THE SUPREME COURT OF THE STATE OF ILLINOIS

IN THE SUPREME COURT OF THE STATE OF ILLINOIS M.R. 3140 IN THE SUPREME COURT OF THE STATE OF ILLINOIS Order entered February 16, 2011. (Deleted material is struck through and new material is underscored.) Effective immediately, Supreme Court Rules

More information

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2008. v. Case No. 5D07-1738

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2008. v. Case No. 5D07-1738 IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2008 OCALA JOCKEY CLUB, LLC, DANIEL L. CASE, ET AL., Appellants, v. Case No. 5D07-1738 RANDY ROGERS, Appellee. / Opinion

More information

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 THE CLASSIC LIGHTING EMPORIUM, INC. IN THE SUPERIOR COURT OF PENNSYLVANIA Appellant v. ERIE INSURANCE EXCHANGE Appellee No. 3158 EDA 2014 Appeal

More information

CIVIL DIVISION PLAINTIFF S PROPOSED JURY INSTRUCTIONS. The Plaintiff, JENNIFER WINDISCH, by and through undersigned counsel, and

CIVIL DIVISION PLAINTIFF S PROPOSED JURY INSTRUCTIONS. The Plaintiff, JENNIFER WINDISCH, by and through undersigned counsel, and IN THE CIRCUIT COURT OF THE 16TH JUDICIAL CIRCUIT IN AND FOR MONROE COUNTY, FLORIDA JENNIFER WINDISCH, Plaintiff, v. CIVIL DIVISION CASE NO: 2007-CA-1174-K JOHN SUNDIN, M.D., RHODA SMITH, M.D., LAURRAURI

More information

IN THE SUPERIOR COURT FOR THE COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS

IN THE SUPERIOR COURT FOR THE COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS 1 1 1 1 0 1 IN THE SUPERIOR COURT FOR THE COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS OFFICE OF THE ATTORNEY GENERAL ) Civil Action No. 01-0B and DIVISION OF IMMIGRATION SERVICES ) ) Petitioner, ) ) ORDER

More information

FINAL ORDER. THIS CAUSE having come on for hearing, and the arbitrator having

FINAL ORDER. THIS CAUSE having come on for hearing, and the arbitrator having STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF FLORIDA LAND SALES,CONDOMINIUMS,AND MOBILE HOMES IN RE: PETITION FOR ARBITRATION ROBERT J. LEE, Petitioner, v. WINSTON TOWERS

More information

IN THE SUPREME COURT OF FLORIDA. v. L.T. CASE NO.: 1D06-5352 PETITIONER S JURISDICTIONAL BRIEF

IN THE SUPREME COURT OF FLORIDA. v. L.T. CASE NO.: 1D06-5352 PETITIONER S JURISDICTIONAL BRIEF IN THE SUPREME COURT OF FLORIDA CITIZENS PROPERTY INSURANCE CORPORATION, Petitioner, Case No.: v. L.T. CASE NO.: 1D06-5352 JON ALLEN DANCY, Respondent. / PETITIONER S JURISDICTIONAL BRIEF On Discretionary

More information

BEFORE THE ALASKA OFFICE OF ADMINISTRATIVE HEARINGS. ) Div. R & B No. 2010-010 CORRECTED DECISION

BEFORE THE ALASKA OFFICE OF ADMINISTRATIVE HEARINGS. ) Div. R & B No. 2010-010 CORRECTED DECISION BEFORE THE ALASKA OFFICE OF ADMINISTRATIVE HEARINGS In the Matter of: ) ) C. J. B. ) ) ) Div. R & B No. 2010-010 CORRECTED DECISION I. Introduction A. Summary C. B. is a Teachers Retirement System (TRS)

More information

George J. Badey, III, Philadelphia, for petitioner. Robert F. Kelly, Jr., Media, for respondent.

George J. Badey, III, Philadelphia, for petitioner. Robert F. Kelly, Jr., Media, for respondent. 1202 Pa. Moses THOMAS, Petitioner v. WORKERS COMPENSATION AP- PEAL BOARD (DELAWARE COUNTY), Respondent. Commonwealth Court of Pennsylvania. Submitted on Briefs Oct. 1, 1999. Decided Feb. 25, 2000. Following

More information

BRIEF OF APPELLANT. IN THE SUPREME COURT OF MISSISSIPPI CASE NO. No. 2013-IA-00181. VICKSBURG HEALTHCARE, LLC d/b/a RIVER REGION HEALTH SYSTEM VS.

BRIEF OF APPELLANT. IN THE SUPREME COURT OF MISSISSIPPI CASE NO. No. 2013-IA-00181. VICKSBURG HEALTHCARE, LLC d/b/a RIVER REGION HEALTH SYSTEM VS. E-Filed Document Oct 28 2013 09:56:26 2013-IA-00181 Pages: 13 IN THE SUPREME COURT OF MISSISSIPPI CASE NO. No. 2013-IA-00181 VICKSBURG HEALTHCARE, LLC d/b/a RIVER REGION HEALTH SYSTEM APPELLANT VS. CLARA

More information

David P. Healy of Law Offices of David P. Healy, PL, Tallahassee, for Appellant.

David P. Healy of Law Offices of David P. Healy, PL, Tallahassee, for Appellant. IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA JAMES E. MAGEE, v. Appellant, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D07-2050

More information

IN THE SUPREME COURT OF FLORIDA CASE NO. 67,398

IN THE SUPREME COURT OF FLORIDA CASE NO. 67,398 IN THE SUPREME COURT OF FLORIDA CASE NO. 67,398 NANCY C. VILDIBILL, as personal Representative of the Estate off Steven Allen Paul, deceased, Petitioner-Appellant, EDDIE JOHNSON, AAA COOPER TRANSPORTATION,

More information

CIVIL DIVISION CASE NO:

CIVIL DIVISION CASE NO: IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA KHASAN GRACE, individually and as parent and natural guardian of ANDREW MASON GRACE, a minor, Plaintiff, CIVIL DIVISION

More information

STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF FLORIDA LAND SALES, CONDOMINIUMS, AND MOBILE HOMES

STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF FLORIDA LAND SALES, CONDOMINIUMS, AND MOBILE HOMES STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF FLORIDA LAND SALES, CONDOMINIUMS, AND MOBILE HOMES IN RE: PETITION FOR ARBITRATION Joel D. Ronan and Jana L. Ronan, Petitioners,

More information

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT. No. 10-3272. In re: JOHN W. HOWARD, Debtor. ROBERT O. LAMPL, Appellant

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT. No. 10-3272. In re: JOHN W. HOWARD, Debtor. ROBERT O. LAMPL, Appellant UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT No. 10-3272 In re: JOHN W. HOWARD, Debtor NOT PRECEDENTIAL ROBERT O. LAMPL, Appellant VANASKIE, Circuit Judge. On Appeal from the United States District

More information

IN THE COURT OF APPEALS OF INDIANA

IN THE COURT OF APPEALS OF INDIANA Pursuant to Ind.Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral

More information

PS Fin. LLC v Parker, Waichman Alonso, LLP 2010 NY Slip Op 31727(U) June 28, 2010 Sup Ct, Richmond County Docket Number: 100292/10 Judge: Joseph J.

PS Fin. LLC v Parker, Waichman Alonso, LLP 2010 NY Slip Op 31727(U) June 28, 2010 Sup Ct, Richmond County Docket Number: 100292/10 Judge: Joseph J. PS Fin. LLC v Parker, Waichman Alonso, LLP 2010 NY Slip Op 31727(U) June 28, 2010 Sup Ct, Richmond County Docket Number: 100292/10 Judge: Joseph J. Maltese Republished from New York State Unified Court

More information

Case 2:13-cv-01419-JWS Document 413 Filed 09/25/14 Page 1 of 5 UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

Case 2:13-cv-01419-JWS Document 413 Filed 09/25/14 Page 1 of 5 UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA Case 2:13-cv-01419-JWS Document 413 Filed 09/25/14 Page 1 of 5 UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA LAURIE MILLER, BRIAN DIMAS, KIM MILLS, ANTHONY SOZA, BRUCE CAMPBELL, KELLIE 2:13-cv-1419

More information

IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION : : : : : : : : ORDER

IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION : : : : : : : : ORDER IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION COLLINS COLLISION CENTER, INC., ET AL v. REPUBLIC FIRST BANK ORDER AUGUST TERM, 2012 NO.

More information

IN THE COURT OF APPEALS OF INDIANA

IN THE COURT OF APPEALS OF INDIANA Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral

More information

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

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT CRISTOBAL COLON, Appellant, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED v. Case No.

More information

Third District Court of Appeal State of Florida, July Term, A.D. 2012

Third District Court of Appeal State of Florida, July Term, A.D. 2012 Third District Court of Appeal State of Florida, July Term, A.D. 2012 Opinion filed September 19, 2012. Not final until disposition of timely filed motion for rehearing. No. 3D12-353 Lower Tribunal No.

More information

No. 05-10-01016-CR IN THE COURT OF APPEALS FOR THE FIFTH DISTRICT OF TEXAS AT DALLAS. FRED ANDERSON, Appellant. THE STATE OF TEXAS, Appellee

No. 05-10-01016-CR IN THE COURT OF APPEALS FOR THE FIFTH DISTRICT OF TEXAS AT DALLAS. FRED ANDERSON, Appellant. THE STATE OF TEXAS, Appellee No. 05-10-01016-CR IN THE COURT OF APPEALS FOR THE FIFTH DISTRICT OF TEXAS AT DALLAS FRED ANDERSON, Appellant v. THE STATE OF TEXAS, Appellee On Appeal from Criminal District Court No. 5 of Dallas County,

More information

(Before a referee) APPELLATE ARGUMENT

(Before a referee) APPELLATE ARGUMENT FILED THE FLORIDA BAR, Complainant, IN THE SUPREME COURT OF FLORIDA (Before a referee) CLERK, SUPREME COURT Case No. 82,114 [TFB Case No.93-30,140(09 3) @it V. RAYMOND E. CRWER, Respondent, APPELLATE ARGUMENT

More information

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN STEVEN OLSON, Plaintiff, v. Case No. 12-C-1126 BEMIS COMPANY, INC. et al., Defendants. DECISION AND ORDER DENYING DEFENDANTS MOTION TO DISQUALIFY

More information

AMENDED COMPLAINT. Plaintiff THOMAS J. BARRY hereby files this Complaint for damages against

AMENDED COMPLAINT. Plaintiff THOMAS J. BARRY hereby files this Complaint for damages against IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY FLORIDA CASE NO: CA 02-12996AJ THOMAS J. BARRY, vs. Plaintiff, GEICO GENERAL INSURANCE COMPANY, Defendant. / AMENDED COMPLAINT

More information

Case 8:08-cv-00935-EAK-MSS Document 24 Filed 09/22/2008 Page 1 of 6 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

Case 8:08-cv-00935-EAK-MSS Document 24 Filed 09/22/2008 Page 1 of 6 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION Case 8:08-cv-00935-EAK-MSS Document 24 Filed 09/22/2008 Page 1 of 6 ELIZABETH GUANZON RETUYA a/k/a ELIZABETH DRUMMOND-RETUYA Plaintiff, UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

More information

IN THE COURT OF APPEALS OF INDIANA

IN THE COURT OF APPEALS OF INDIANA FOR PUBLICATION ATTORNEYS FOR APPELLANT: FRED R. HAINS PETER M. YARBRO Hains Law Firm, LLP South Bend, Indiana IN THE COURT OF APPEALS OF INDIANA MARIA A. MITCHELL, ) ) Appellant-Respondent, ) ) vs. )

More information

IN THE DISTRICT COURT OF APPEAL FOR THE FIFTH DISTRICT STATE OF FLORIDA. Appellant, CASE NO.: 5D04-4205 APPELLANT SARAH FRENCH'S

IN THE DISTRICT COURT OF APPEAL FOR THE FIFTH DISTRICT STATE OF FLORIDA. Appellant, CASE NO.: 5D04-4205 APPELLANT SARAH FRENCH'S IN THE DISTRICT COURT OF APPEAL FOR THE FIFTH DISTRICT STATE OF FLORIDA SARAH FRENCH, vs. Appellant, CASE NO.: 5D04-4205 DEPARTMENT OF CHILDREN AND FAMILIES, Appellee. / APPELLANT SARAH FRENCH'S MOTION

More information

NOTICE OF APPEAL., Defendant/Appellant appeals to the Fourth. District Court of Appeal the judgment and sentence entered by the Honorable,

NOTICE OF APPEAL., Defendant/Appellant appeals to the Fourth. District Court of Appeal the judgment and sentence entered by the Honorable, IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR PALM BEACH COUNTY. CRIMINAL DIVISION: CASE NO: Plaintiff/Appellee, Defendant/Appellant / NOTICE OF APPEAL NOTICE IS GIVEN that,

More information

NO.05-09-00055-CR IN THE COURT OF APPEALS FOR THE FIFTH DISTRICT OF TEXAS AT DALLAS. JAMES PAUL DOWNEY, Appellant. THE STATE OF TEXAS, Appellee

NO.05-09-00055-CR IN THE COURT OF APPEALS FOR THE FIFTH DISTRICT OF TEXAS AT DALLAS. JAMES PAUL DOWNEY, Appellant. THE STATE OF TEXAS, Appellee NO.05-09-00055-CR IN THE COURT OF APPEALS FOR THE FIFTH DISTRICT OF TEXAS AT DALLAS JAMES PAUL DOWNEY, Appellant v. THE STATE OF TEXAS, Appellee ON APPEAL FROM THE COUNTY CRIMINAL COURT NO.9 OF DALLAS

More information

In re the Matter of: ROBIN LIN IULIANO, Petitioner/Appellant, CARL WLOCH, Respondent/Appellee. No. 1 CA-CV 13-0638

In re the Matter of: ROBIN LIN IULIANO, Petitioner/Appellant, CARL WLOCH, Respondent/Appellee. No. 1 CA-CV 13-0638 NOTICE: NOT FOR OFFICIAL PUBLICATION. UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE. IN THE ARIZONA COURT OF APPEALS DIVISION

More information

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT 07-425

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT 07-425 STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT 07-425 STATE OF LOUISIANA VERSUS RITA SENSAT ********** APPEAL FROM THE FOURTEENTH JUDICIAL DISTRICT COURT PARISH OF CALCASIEU, NO. 18,062-06 HONORABLE

More information

IN THE SUPREME COURT OF FLORIDA

IN THE SUPREME COURT OF FLORIDA IN THE SUPREME COURT OF FLORIDA CHRISTOPHER JOHNSON, Petitioner/Defendant, v. Case No.: SC09-1045 Lower Case Nos.:4D08-3090; 07-10734 CF10B STATE OF FLORIDA, Respondent/Plaintiff. / PETITIONER S JURISDICTIONAL

More information

I N T H E COURT OF APPEALS OF INDIANA

I N T H E COURT OF APPEALS OF INDIANA MEMORANDUM DECISION Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res

More information