AMERICAN COASTAL INSURANCE COMPANY
v.
MARINA ISLES CLUB CONDOMINIUM ASSOCIATION, INC.
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An attorney who appears by filing the client's first pleading is entitled to service of subsequent orders, and the trial court abused its discretion in failing to set aside an order when it failed to serve such an attorney.
[1] An attorney who appears in a proceeding by filing the client's first pleading is entitled to service of all subsequent court orders, and the trial court abuses its discre…
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Join FLexlaw to unlock all legal intelligence“An attorney may appear in a proceeding . . . by serving and filing, on behalf of a party, the party's first pleading or paper in the proceeding.”
Florida Rule of Judicial Administration 2.505(e)(1) establishing the means by which counsel may appear in a proceeding
American Coastal Insurance Company sought to compel completion of an appraisal in a dispute with Marina Isles Club Condominium Association. The trial …
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED AMERICAN COASTAL INSURANCE COMPANY,
Appellant,
v. Case No. 5D21-1221 LT Case No. 05-2020-CA-037089-X CORRECTED MARINA ISLES CLUB CONDOMINIUM ASSOCIATION, INC., Appellee. ________________________________/ Opinion filed May 13, 2022 Appeal from the Circuit Court for Brevard County, Curt Jacobus, Judge. Ezequiel Lugo, of Banker Lopez Gassler, P.A., Tampa, and Eleanor Sills, of Banker Lopez Gassler, P.A., Tallahassee, for Appellant. George A. Vaka and Nancy A. Lauten, of Vaka Law Group, P.L., Tampa, for Appellee. WALLIS, J.
American Coastal Insurance Company (American Coastal) appeals the trial court's order denying its Petition to Compel Completion of Appraisal and the order denying its Motion to Set Aside that order. We agree with American Coastal with respect to the order denying the Motion to Set Aside and reverse that order.1 In its Motion to Set Aside, American Coastal argued that the trial court failed to serve all of its attorneys of record with a copy of the order denying the Petition to Compel Completion of Appraisal and, therefore, it was unable to timely move for rehearing or appeal that order. In support of its motion, American Coastal attached a sworn affidavit signed by Attorney Kaps stating that: he was not served with a copy of the order, he filed the Petition on behalf of American Coastal, he was legal counsel for American Coastal, and that his name and email address were listed on the signature block of the Petition to Compel Completion of Appraisal along with two other attorneys representing American Coastal. The affidavit also stated that Attorney Kaps appeared at the hearing on the Petition and presented arguments on behalf of American Coastal.