Date Docketed
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Description
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Filed By
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Notes
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05/11/2016
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order appealed
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05/11/2016
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Worker's Compensation / Acknowledgement letter
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05/11/2016
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Notice of Appeal Filed
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Kimberly A. Hill 0814059
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Set up as styled
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05/12/2016
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Docketing Statement
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AE William H. Rogner 0857629
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05/14/2016
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Docketing Statement
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AA Kimberly A. Hill 0814059
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05/20/2016
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Appeal-Pay Fee/Submit LT Ord of Insolv ($300)
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Appellant has filed a notice of appeal in the lower tribunal without the entry of an order of insolvency or deposit of the statutory filing fee. Accordingly, appellant shall, within 30 days from the date of this order, either file a certified copy of the lower tribunal's order of insolvency for appellate purposes as required by Florida Rule of Appellate Procedure 9.430 or pay to the clerk of this Court the sum of $300.00 as the appellate filing fee required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2013). If appellant seeks a waiver of the filing fee on the grounds of indigency, appellant shall file a motion and affidavit of indigency with the clerk of the lower tribunal (the court, agency, officer, board, commission or body whose order is to be reviewed) for a determination by the lower tribunal of whether an order of insolvency should be issued pursuant to Rule 9.430 and Section 57.081(1) or 57.085(2), Florida Statutes (2013), as applicable.
This appeal shall not proceed until the order of insolvency is filed or the fee is paid. If at the end of 30 days appellant has neither paid the fee nor secured an order of indigency, appellant shall show cause within 10 days thereafter why this appeal should not be dismissed. Florida Rule of Appellate Procedure 9.410.
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05/25/2016
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Notice of Cross Appeal
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William H. Rogner 0857629
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Sentry Insurance Company and Lifespace Communities *Paid 1018911*
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05/25/2016
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Cross Notice
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06/08/2016
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LT Certificate of Indigency
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filing fee waived
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06/08/2016
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ORD-L.T. INSOLVENCY OR INDIGE.
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cost of prep. rec. waived
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08/04/2016
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Received Records
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2736 pages (RESTRICTED ACCESS) scanned ftp
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09/06/2016
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Mot. for Extension of time to file Initial Brief
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Kimberly A. Hill 0814059
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09/09/2016
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Grant Init Brf Ext-No Fur EOT Unless Extraord
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Appellant¿s September 2, 2016, motion for extension of time to file the initial brief is granted. Appellant shall file the initial brief on or before October 5, 2016. No additional extensions will be granted.
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10/04/2016
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Motion To File Supplemental Record
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Kimberly A. Hill 0814059
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10/04/2016
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Motion For Oral Argument
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Kimberly A. Hill 0814059
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10/04/2016
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Motion For Attorney's Fees
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Kimberly A. Hill 0814059
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10/04/2016
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Initial Brief on Merits
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Kimberly A. Hill 0814059
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10/05/2016
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Grant Mot Suppl-Attachment Accptd as Rcd
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Appellant/Cross-Appellee’s October 3, 2016, motion to supplement the record on appeal is GRANTED, and the transcript attached to said motion shall serve as the supplemental record in this case.
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10/20/2016
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Mot. for Extension of time to file Answer Brief
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William H. Rogner 0857629
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10/21/2016
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Grant Ans Brf Ext/No Fur EOT unless Extraord
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Appellee/Cross-Appellant’s October 20, 2016, motion for extension of time to file the answer/cross-initial brief is granted. Appellant shall file the initial brief on or before November 21, 2016. No additional extensions will be granted absent demonstrably extenuating circumstances.
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11/21/2016
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Appellee's Answer Brief
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William H. Rogner 0857629
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12/16/2016
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Appellant's Reply Brief
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Kimberly A. Hill 0814059
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and answr brf on cross appeal
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12/20/2016
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Motion Extension of Time To File Cross Reply Brief
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William H. Rogner 0857629
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12/21/2016
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Grant Cr-Reply Brf Ext-No fur EOT unless extraord
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Appellee/Cross-Appellant’s December 20, 2016, motion for extension of time to file the cross-reply brief is granted. Appellees/Cross-Appellants shall file the cross-reply brief on or before January 23, 2017. No additional extensions will be granted.
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01/17/2017
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Appellee/Cross-Appellant's Reply Brief
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William H. Rogner 0857629
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01/30/2017
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Motion For Oral Argument
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Kimberly A. Hill 0814059
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03/28/2017
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OA Denied
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Appellant's motion for oral argument filed January 30, 2017, is denied.
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03/28/2017
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OA Denied
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Appellant's motion for oral argument filed October 3, 2016, is denied.
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07/09/2018
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Affirmed in Part/Reversed in Part - Per Curiam Opinion
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REMANDED for further proceedings in accordance with this opinion.
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07/09/2018
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Grant Att Fees&Costs (Ltd Success) d/a after 9/30/
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Claimant’s motion for appellate attorneys’ fees is granted.
Jurisdiction is hereby relinquished to the lower tribunal for a period of 60 days from the date of the mandate to determine the amount of attorneys’ fees and costs. In reaching that determination, the lower tribunal should take into consideration claimant’s limited success on appeal. The parties may stipulate to the amount of attorneys’ fees and submit the stipulation to the judge of compensation claims for approval pursuant to Florida Administrative Code Rule 60Q - 6.124. Otherwise, claimant shall serve, and file with the lower tribunal, a verified petition to determine the amount of appellate attorneys’ fees within 15 days from the date of the mandate. The verified petition shall include:
1. A statement of facts relied upon, including but not limited to a detailed chronological listing of all time and corresponding services devoted to the appeal, the usual hourly rate(s) of the attorney or attorneys performing the services, and any special circumstances relevant under any of the factors set forth in rule 4-1.5(b) of the Rules Regulating the Florida Bar. The verified petition shall also include an opinion as to what amount or range of dollar values would constitute a reasonable hourly rate in the particular case.
2. A list of each issue that claimant believes to have been argued successfully on appeal.
3. A list of all exhibits to be offered in support of the amount of the fee award; copies of documents to be submitted as exhibits shall be attached to the petition; and
4. A list of all witnesses to be called and a short statement, based on diligent investigation, of what each witness is expected to testify to.
Within 20 days after the verified petition is served, the opposing party or parties shall respond to the petition and shall include a recitation of all matters alleged in the verified petition which are disputed. If the time allegedly spent is in dispute, any party disputing the allegation of time spent shall, along with the verified response, produce a detailed chronological listing of all time devoted to the appeal by the disputing party on each entry on which there is any dispute. The respondent may also state opinions and facts as to any factor not addressed by the party filing the verified petition. In all other respects, the verified response shall be prepared in the same manner as the verified petition.
All parties shall promptly provide any amended or updated information in the same form in which the original information was provided.
The parties may waive a formal hearing before the judge of compensation claims in which case the judge of compensation claims shall decide the motion based on the verified pleadings. Mediation shall not be required. If there are disputed issues of fact and the parties do not waive an evidentiary hearing, the judge of compensation claims shall hold the evidentiary hearing within 45 days of the date of the mandate.
Review shall be in accordance with Florida Rule of Appellate Procedure 9.400(c).
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07/24/2018
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Motion For Rehearing
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Kimberly A. Hill 0814059
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Clarification and/or Written Opinion to Address the Material Issue in Dispute
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08/03/2018
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RESPONSE
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William H. Rogner 0857629
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to AA's Motion for Rehearing, Clarification, or Written Opinion
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08/15/2018
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Deny Appellant's Motion for Rehearing
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Appellant's motion filed July 24, 2018, for rehearing, clarification and written opinion to address the material issue in dispute is denied.
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09/05/2018
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Mandate
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09/05/2018
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Returned Records
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np filed
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09/05/2018
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West Publishing
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