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Case Number:  SC05-1021  - Closed

MICHELLE MACOLA, ET AL.  vs.  GOVERNMENT EMPLOYEES INSURANCE COMPANY

Lower Tribunal Case(s): 04-10436


 Date Docketed
Description
Filed By
Notes
06/09/2005 CERTFD QUEST-US CT APL CIR11 Hon. Thomas K. Kahn, Clerk BY: Hon. Thomas K. Kahn, Clerk W/10 COPIES OF 06/06/2005 OPINION
06/09/2005 EXHIBITS Hon. Thomas K. Kahn, Clerk BY: Hon. Thomas K. Kahn, Clerk 13 FOLDERS (2 BOXES)
06/09/2005 RECORD/TRANSCRIPT Hon. Thomas K. Kahn, Clerk BY: Hon. Thomas K. Kahn, Clerk 1 VOLUMES & 1 MASTER INDEX
06/20/2005 MOTION-COUNS WITHDRAWAL RS Government Employees Insurance Company BY: WE Rebecca O'Dell Townsend 235090 (REQ AMD MOTION) AMENDED MOTION FILED 06/29/05
06/20/2005 MOTION-COUNS SUBSTITUTION RS Government Employees Insurance Company BY: AE Raymond A. Haas 137301 MOTION WITHDRAWN, SEE 07/05/2005 ORDER
06/24/2005 Filing Fee $300 2005 - 1002197 Amount: $300  
06/24/2005 Fee Paid in Full    
06/24/2005 LETTER AA Michelle Annette Macola BY: AA Angela E. Rodante 092509 DATED 06/22/2005, RE: TRANSMITTAL OF FILING FEE
06/29/2005 MOTION-WITHDRAW (MISC) RS Government Employees Insurance Company BY: AE Raymond A. Haas 137301 MOTION FOR WITHDRAWAL OF MOTION FOR SUBSTITUTION OF COUNSEL
06/29/2005 MOTION-EXT OF TIME (INITIAL BRIEF-MERITS) AA Michelle Annette Macola BY: AA Angela E. Rodante 092509  
06/30/2005 MOTION-EXT OF TIME (INITIAL BRIEF-MERITS) AA Inge Quigley BY: AA Roy D. Wasson 332070  
07/05/2005 ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS)   Appellant Michelle Macola's motion for extension of time is granted and appellant is allowed to and including July 19, 2005, in which to serve the initial brief on the merits. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO APPELLANT FOR THE FILING OF THE INITIAL BRIEF ON THE MERITS. All other times will be extended accordingly.
07/05/2005 ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS)   Appellant Inge Quigley's motion for extension of time is granted and appellant is allowed to and including July 18, 2005, in which to serve the initial brief on the merits. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO APPELLANT FOR THE FILING OF THE INITIAL BRIEF ON THE MERITS. All other times will be extended accordingly.
07/05/2005 ORDER-MOTION WITHDRAWAL GR   Appellee's motion to withdraw motion for substitution of counsel filed with this Court on June 20, 2005, is granted and said motion is hereby withdrawn.
07/05/2005 ORDER-COUNS WITHDRAWAL GR   The amended motion to withdraw as attorney of record for appellee is granted and Rebecca O'Dell Townsend is hereby allowed to withdraw as co-counsel for Government Employees Insurance Company.
07/20/2005 INITIAL BRIEF-MERITS AA Michelle Annette Macola BY: AA Shea T. Moxon 12564 O&7 & E-MAIL
07/20/2005 APPENDIX AA Michelle Annette Macola BY: AA Shea T. Moxon 12564 O&7
07/21/2005 INITIAL BRIEF-MERITS AA Inge Quigley BY: AA Roy D. Wasson 332070 O&7 & E-MAIL (FOOTNOTE FONT NON-COMPLIANCE)
07/21/2005 APPENDIX AA Inge Quigley BY: AA Roy D. Wasson 332070 O&7
07/21/2005 REQUEST-ORAL ARGUMENT AA Inge Quigley BY: AA Roy D. Wasson 332070 O&7
07/22/2005 ORDER-BRIEF STRICKEN (NON-COMPLIANCE)   Appellant Inge Quigley's initial brief on the merits, which was filed with this Court on July 21, 2005, does not comply with Florida Rule of Appellate Procedure 9.210 and is hereby stricken. Appellant Quigley is hereby directed, on or before August 11, 2005, to serve an original and seven (7) copies of an amended initial brief which contains all footnotes in the same size type font as the text.
07/26/2005 MOTION-AMICUS CURIAE MA Academy Of Florida Trial Lawyers AFTL BY: MA Philip M. Burlington 285862 O&7
07/26/2005 AMICUS CURIAE INITIAL BRIEF-MERITS MA Academy Of Florida Trial Lawyers AFTL BY: MA Philip M. Burlington 285862 O&7 & E-MAIL
07/27/2005 REQUEST-ORAL ARGUMENT AA Michelle Annette Macola BY: AA Shea T. Moxon 12564 O&7
07/28/2005 MOTION-EXT OF TIME (ANSWER BRIEF-MERITS) RS Government Employees Insurance Company BY: AE Stephen D. Gill 542091  
07/29/2005 INITIAL AMD BRIEF-MERITS AA Inge Quigley BY: AA Annabel Castle Majewski 181684 O&7 & E-MAIL
07/29/2005 ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS)   Appellee's motion for extension of time is granted and appellee is allowed to and including August 29, 2005, in which to serve the answer brief on the merits. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO APPELLEE FOR THE FILING OF THE ANSWER BRIEF ON THE MERITS. All other times will be extended accordingly.
08/05/2005 RESPONSE RS Government Employees Insurance Company BY: AE Billy Richard Young 0442682 TO THE ACADEMY OF FLORIDA TRIAL LAWYERS' MOTION FOR LEAVE TO FILE AN AMICUS CURIAE BRIEF ON BEHALF OF APPELLANT MICHELLE MACOLA AND APPELLANT INGE QUIGLEY (W/APPENDIX)
08/12/2005 ORDER-AMICUS CURIAE GR   The motion for leave to file brief as amicus curiae filed by The Academy of Florida Trial Lawyer's is hereby granted and they are allowed to file brief only in support of appellants. The brief by the above referenced amicus curiae was filed with this Court on July 26, 2005.
08/19/2005 MOTION-AMICUS CURIAE ME Property Casualty Insurers Association Of Americ BY: MR Alyssa M. Campbell 0715034  
09/01/2005 MOTION-AMICUS CURIAE ME Florida Defense Lawyers Association FDLA BY: WE Hon. Janis Brustares Keyser 353167  
09/01/2005 AMICUS CURIAE INITIAL BRIEF-MERITS ME Florida Defense Lawyers Association FDLA BY: WE Hon. Janis Brustares Keyser 353167 O&7 & E-MAIL
09/02/2005 ANSWER BRIEF-MERITS RS Government Employees Insurance Company BY: AE Billy Richard Young 0442682 O&7 (REQ AMD E-MAIL): STRICKEN, SEE 09/14/05 ORDER
09/02/2005 ORDER-AMICUS CURIAE GR   The motion for leave to file brief as amicus curiae filed by Property Casualty Insurers Association of America ("PCI") is hereby granted and they are allowed to file brief only in support of respondent. The brief by the above referenced amicus curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
09/02/2005 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 the Appellee. The brief by the above referenced amicus curiae was filed with this Court on September 1, 2005.
09/02/2005 MOTION-EXT OF TIME (ANSWER BRIEF-MERITS) RS Government Employees Insurance Company BY: AE Billy Richard Young 0442682 OR IN THE ALTERNATIVE, MOTION TO ACCEPT OUT OF TIME FILING
09/02/2005 APPENDIX RS Government Employees Insurance Company BY: AE Billy Richard Young 0442682 O&7
09/02/2005 AMICUS CURIAE ANSWER BRIEF-MERITS ME State Farm Mutual Automobile Insurance Company SFM BY: ME Paul L. Nettleton 396583 O&7 & E-MAIL
09/02/2005 MOTION-AMICUS CURIAE ME State Farm Mutual Automobile Insurance Company SFM BY: ME Paul L. Nettleton 396583  
09/06/2005 AMICUS CURIAE ANSWER BRIEF-MERITS ME Complex Insurance Claims Litigation Association BY: ME Andrew E. Grigsby 0328383 O&7 (REQ E-MAIL)
09/06/2005 MOTION-AMICUS CURIAE ME Complex Insurance Claims Litigation Association BY: ME Andrew E. Grigsby 0328383
09/08/2005 CERTIFICATE OF SERVICE (AMD)   AE Government Employees Insurance Company BY: AE Billy Richard Young 0442682 - FOR MOTION-EXTENSION OF TIME, ANSWER BRIEF & APPENDIX
09/09/2005 REQUEST-ORAL ARGUMENT RS Government Employees Insurance Company BY: AE Stephen D. Gill 542091 (O&2)
09/09/2005 AMICUS CURIAE ANSWER BRIEF-MERITS ME Property Casualty Insurers Association Of Americ BY: MR Alyssa M. Campbell 0715034 O&7 & E-MAIL
09/12/2005 RESPONSE AA Michelle Annette Macola BY: AA Shea T. Moxon 12564 OF APPELLANT MICHELLE MACOLA TO MOTION OF STATE FARM MUTUAL AUTOMOBILE INSURANCE CORPORATION'S MOTION FOR LEAVE TO FILE BRIEF AS AMICUS CURIAE
09/14/2005 ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS)   Appellee's motion for extension of time is hereby granted. Appellee's answer brief on the merits was filed with this Court on September 2, 2005. All other times will be extended accordingly.
09/14/2005 ORDER-BRIEF STRICKEN (NON-COMPLIANCE)   Appellee's answer brief on the merits, which was filed with this Court on September 2, 2005, does not comply with Florida Rule of Appellate Procedure 9.210 and is hereby stricken. Appellee is hereby directed, on or before October 5, 2005, to serve an original and seven (7) copies of an amended answer brief on the merits which is double-spaced, with margins no less than one (1) inch, and does not exceed fifty (50) pages in length.
09/19/2005 MOTION-COUNS PRO HAC VICE (FOREIGN COUNSEL) ME Laura A. Foggan BY: ME Laura A. Foggan (O&7) (ON BEHALF OF CICLA)
09/19/2005 MOTION-COUNS PRO HAC VICE (FOREIGN COUNSEL) ME Anthony E Orr BY: ME Anthony E Orr (O&7) (ON BEHALF OF CICLA)
09/19/2005 MOTION-COUNS PRO HAC VICE (FOREIGN COUNSEL) ME John C. Yang BY: ME John C. Yang (O&7) (ON BEHALF OF CICLA)
09/23/2005 ANSWER AMD BRIEF-MERITS RS Government Employees Insurance Company BY: AE Billy Richard Young 0442682 O&7 & E-MAIL
09/29/2005 ORDER-AMICUS CURIAE GR   The motion for leave to file brief as amicus curiae filed by Complex Insurance Claims Litigation Association is hereby granted and they are allowed to file brief only in support of appellee. The brief by the above referenced amicus curiae was filed with this Court on September 6, 2005.
09/29/2005 ORDER-AMICUS CURIAE GR   The motion for leave to file brief as amicus curiae filed by State Farm Mutual Automobile Insurance Company is hereby granted and they are allowed to file brief only in support of appellee. The brief by the above referenced amicus curiae was filed with this Court on September 2, 2005.
09/29/2005 ORDER-COUNSEL PRO HAC VICE GR (FOREIGN COUNSEL)   The motions to appear pro hac vice filed in the above cause by Laura A. Foggan, Anthony E. Orr and John C. Yang, on behalf of amicus curiae Complex Insurance Claims Litigation Association, are hereby granted contingent upon counsels' payment of the $100.00 fee required by section 25.241(3), Florida Statutes (2004), by each attorney within ten (10) days from the date of this order. FAILURE TO TIMELY COMPLY WITH THE PAYMENT REQUIREMENT COULD RESULT IN THIS ORDER BEING VACATED AND THE MOTIONS BEING DENIED.
10/05/2005 FEE PAID-PRO HAC VICE   Anthony E Orr BY: NB Anthony E Orr (R2005-1002745)
10/05/2005 FEE PAID-PRO HAC VICE   Laura A. Foggan BY: NB Laura A. Foggan (R2005-1002745)
10/05/2005 FEE PAID-PRO HAC VICE   John C. Yang BY: NB John C. Yang (R2005-1002745)
10/05/2005 Pro Hac Vice 2005 - 1002745 Amount: $100 LAURA A. FOGGAN, JOHN C. YANG & ANTHONY E. ORR
10/05/2005 Pro Hac Vice 2005 - 1002745 Amount: $100 LAURA A. FOGGAN, JOHN C. YANG & ANTHONY E. ORR
10/05/2005 Pro Hac Vice 2005 - 1002745 Amount: $100 LAURA A. FOGGAN, JOHN C. YANG & ANTHONY E. ORR
10/05/2005 LETTER ME Complex Insurance Claims Litigation Association BY: ME Anthony E Orr DATED 10/03/2005, RE: TRANSMITTAL OF PRO HAC VICE FEES
10/12/2005 MOTION-EXT OF TIME (REPLY BRIEF-MERITS) AA Michelle Annette Macola BY: AA Shea T. Moxon 12564  
10/12/2005 MOTION-BRIEF PAGE ENLARGEMENT AA Michelle Annette Macola BY: AA Shea T. Moxon 12564 FOR REPLY BRIEF-MERITS
10/18/2005 MOTION-EXT OF TIME (REPLY BRIEF-MERITS) AA Inge Quigley BY: AA Roy D. Wasson 332070  
10/19/2005 RESPONSE RS Government Employees Insurance Company BY: AE Billy Richard Young 0442682 TO MICHELLE MACOLA MOTION TO ENLARGE PAGE LIMIT FOR REPLY BRIEF
10/20/2005 ORDER-EXT OF TIME GR (REPLY BRIEF-MERITS)   Appellant, Inge Quigley's motion for extension of time is granted and appellant is allowed to and including November 1, 2005, in which to serve the reply brief on the merits.
10/26/2005 REPLY BRIEF-MERITS AA Michelle Annette Macola BY: AA Shea T. Moxon 12564 O&7 & E-FILE
10/26/2005 MOTION-WITHDRAW (MISC) AA Michelle Annette Macola BY: AA Shea T. Moxon 12564 FILED AS "NOTICE OF WITHDRAWAL OF MOTION TO ENLARGE PAGE LIMIT FOR REPLY BRIEF"
10/28/2005 ORDER-EXT OF TIME GR (REPLY BRIEF-MERITS)   Appellant, Michelle Macola's Unopposed Motion for Extension of Time to Serve Reply Brief is granted and appellant's reply brief was filed with this Court on October 26, 2005. Appellant, Michelle Macola's Notice of Withdrawal treated as Motion to Withdraw for Motion to Enlarge Page Limit for Reply Brief is granted and said motion is hereby withdrawn.
11/07/2005 REPLY BRIEF-MERITS AA Inge Quigley BY: AA Roy D. Wasson 332070 O&7 & E-FILE
11/07/2005 MOTION-ATTORNEYS FEES AA Inge Quigley BY: AA Roy D. Wasson 332070 ORIGINAL ONLY (REQ'D 7 COPIES)
11/10/2005 RESPONSE RS Government Employees Insurance Company BY: AE Billy Richard Young 0442682 TO APPELLANT MOTION FOR ATTORNEY'S FEES (ORIGINAL ONLY - REQ'D 7 COPIES); 11/16/2005: 7 COPIES FILED.
11/16/2005 CERTIFICATE OF SERVICE (AMD)   AA Inge Quigley BY: AA Roy D. Wasson 332070 (FOR REPLY BRIEF)
12/08/2005 ORAL ARGUMENT CALENDAR    
12/08/2005 ORDER-OA SCHED   The above case is hereby scheduled for oral argument at 9:00 a.m., Tuesday February 7, 2006. A maximum of twenty (20) minutes to the side is allowed, 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.
02/07/2006 ORAL ARGUMENT HELD    
03/20/2006 MOTION-COUNS SUBSTITUTION STIPULATION ME Florida Defense Lawyers Association FDLA BY: WE Hon. Janis Brustares Keyser 353167 AMEDDED CERTIFICATE OF SERVICE REQUESTED AS AMICUS COUNSEL NOT SERVED; NO CONSENT OF CLIENT ATTACHED; RECEIVED FAX COPY OF CONSENT OF CLIENT; 04/06/2006 ORIGINAL CONSENT OF CLEINT
03/30/2006 CERTIFICATE OF SERVICE (AMD)   ME Florida Defense Lawyers Association FDLA BY: ME Janis Brustares Keyser 353167 WITH STIPULATION FOR SUBSTITUTION OF COUNSEL
03/31/2006 ORDER-COUNS SUBSTITUTION STIPULATION GR   The stipulation for substitution of counsel as attorney of record is hereby approved by this Court and Tracy R. Gunn of Fowler, White, Boggs and Banker, P.A. is hereby substituted as counsel of record for Amicus Curiae, The Florida Defense Lawyers Association.
10/26/2006 DISP-CERT QUES ANSWERED NEGATIVE   For the reasons explained above, we answer the rephrased certified question in the negative. Having answered this question, we return this case to the United States Court of Appeals for the Eleventh Circuit.
11/13/2006 MOTION-REHEARING RS Government Employees Insurance Company BY: AE Billy Richard Young 0442682 (O&7) FILED AS: "GEICO'S MOTION FOR REHEARING AND/OR RECLARIFICATION" (CERT OF SERVICE DOES NOT SERVE ATTY GUNN)RC
11/17/2006 CERTIFICATE OF SERVICE (AMD)   RS Government Employees Insurance Company BY: AE Billy Richard Young 0442682 - FOR MOT-REHEARING
11/29/2006 RESPONSE AA Michelle Annette Macola BY: AA Shea T. Moxon 12564 TO MOTION FOR REHEARING; (O&7)
12/01/2006 RESPONSE AA Inge Quigley BY: AA Roy D. Wasson 332070 TO MOTION FOR REHEARING (O&7)
03/27/2007 DISP-REHEARING DY   Appellee's Motion for Rehearing is hereby denied. - RC
03/27/2007 ORDER-ATTY FEES GR & REMANDED (PARTY PREVAIL - M)    
04/11/2007 RECORD/TRANSCRIPT RETURNED Hon. Thomas K. Kahn, Clerk BY: Hon. Thomas K. Kahn, Clerk 1 VOLUME
04/11/2007 EXHIBITS RETURNED Hon. Thomas K. Kahn, Clerk BY: Hon. Thomas K. Kahn, Clerk 2 BOXES
06/12/2007 ARCHIVES