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Filing # 178252980 E-Filed 07/26/2023 10:52:05 AM
IN THE CIRCUIT COURT OF THE
FOURTH JUDICIAL CIRCUIT, IN AND FOR
DUVAL COUNTY, FLORIDA
CASE NO.: 16-2022-CA-004328
DIVISION: CV-G
CLARENCE MITCHELL,
Plaintiff,
vs.
VICTORIA NIKALE GREEN, an individual,
JULENE TURBEVILLE, an individual, and
LINDSAY TYLER DENNIS, an individual,
Defendants.
______________________________________/
DEFENDANT’S MOTION TO CONSOLIDATE AND BIFURCATE
Defendant, Lindsay Dennis, pursuant to Rule 1.270, Florida Rules of Civil Procedure,
moves this Court to consolidate the following three cases: Mitchell v. Dennis, et al., Case No.
2022-CA-4328, Div. CV-G; Turbeville v. Dennis, Case No. 2022-CA-7109, Div. CV-C; and
Moran v. Dennis, 2023-CA-4914, Div. CV-F, for the purposes of discovery, and a trial as to
liability only, and further moves for a bifurcated trial as to liability and damages, and as grounds
therefore states as follows:
1. The following three lawsuits are personal injury claims arising out of the same
motor vehicle accident: Mitchell v. Dennis, et al., Case No. 2022-CA-4328, Div. CV-G;
Turbeville v. Dennis, Case No. 2022-CA-7109, Div. CV-C; and Moran v. Dennis, 2023-CA-
4914, Div. CV-F. The subject motor vehicle accident was a multi-car accident on Interstate 10.
2. The issues for discovery purposes are similar since all three cases stem from the
same accident.
3. The motions directed to the pleadings and motions for summary judgment filed
Page 1 of 4
ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 07/28/2023 04:24:19 PM
and/or to be filed in these matters involve identical issues of law, issues of fact, and underlying
evidence, in so far as they pertain to liability, and defenses thereto.
4. These cases are appropriate for consolidation because they are based on the same
operative set of facts and will turn on the same questions of law as it pertains to liability.
5. These cases should be consolidated as the cases involve same witness and experts
as to liability, and consolidation would avoid duplicative effort, and unnecessary costs and
expenditure. For example, if the cases are not consolidated, each party to each of these three suits
are subject to being deposed three different times, once per case.
6. All three Plaintiffs are also alleging serious personal injuries and claim significant
damages. It is further anticipated that liability and the facts of the subject matter accident will
strongly be contested. A bifurcated trial as to liability and damages will aid in pre-trial settlement
discussions, and a meaningful mediation, once a determination of fault has been made. Trying
liability first and separately would be the best use of the Court’s time, as well as the parties’ time
and resources.
7. Consolidating the three cases for purposes of hearing and ruling on motions
directed to pleadings and motions for summary judgement, as well as a consolidated and
bifurcated trial as to liability, would promote judicial economy and prevent inconsistency in
rulings and an ultimate decision as to liability. Specifically, there is a risk that three different
trials would result in three different determinations as to the fault of all the parties as Defendant
has alleged comparative negligence and Fabre defenses in all three cases. It would constitute
reversible error not to consolidate these cases. See U-Haul Co. of Northern Fla., Inc. v. White,
503 So 2d 332 (Fla. 1986); Holiday Inns, Inc. v. Spevak, 639 So. 2d 1110 (Fla. 1st DCA 1994)
(“We find that the possibility of inconsistent verdicts and the interests of judicial economy
Page 2 of 4
outweigh any prejudice which might arise from a delay caused by consolidation of these cases.”).
See also Maharaj v. Grossman, 619 So. 2d 399 (Fla. 4th DCA 1993).
WHEREFORE Defendant, Lindsay Dennis, pursuant to Rule 1.270, Florida Rules of
Civil Procedure, requests this Court enter an Order consolidating the following three cases:
Mitchell v. Dennis, et al., Case No. 2022-CA-4328, Div. CV-G; Turbeville v. Dennis, Case No.
2022-CA-7109, Div. CV-C; and Moran v. Dennis, 2023-CA-4914, Div. CV-F, for the purposes
of discovery, and a trial as to liability only, and further ordering a bifurcated trial as to liability
and damages,
O'HARA LAW FIRM,
Professional Association
___________________________________
Brian M. Guter
Florida Bar No. 113681
Michael P. Regan, Jr.
Florida Bar No. 20311
4811 Beach Boulevard, Suite 303
Jacksonville, FL 32207
Telephone (904) 346-3166
Facsimile (904) 346-5445
Service E-Mail: eService@oharalawfirm.com
Attorneys for Lindsay Tyler Dennis
Page 3 of 4
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy hereof has been furnished to Devan Hill, Esquire,
Morgan & Morgan, P.A., 501 Riverside Avenue, Suite 1200, Jacksonville, FL 32202, via e-
service at dhill@forthepeople.com, tgilbert@forthepeople.com,
mpanganiban@forthepeople.com, mdick@forthepeople.com, and rkisling@forthepeople.com
and to Kendra B. Therrell, Esquire, Law Offices of Kubicki Draper, 76 South Laura Street, Suite
1400, Jacksonville, FL 32202, via e-service at KBT-KD@kubickidraper.com and to E. Holland
Howanitz, Esquire, Wicker Smith O’Hara Mccoy & Ford P.A., 50 North Laura Street, Suite
2700, Jacksonville, FL 32202, via e-service at JAXcrtpleadings@wickersmith.com on this 26th
day of July, 2023.
___________________________________
Brian M. Guter
Page 4 of 4
Preview
Filing # 178252980 E-Filed 07/26/2023 10:52:05 AM IN THE CIRCUIT COURT OF THE FOURTH JUDICIAL CIRCUIT, IN AND FOR DUVAL COUNTY, FLORIDA CASE NO.: 16-2022-CA-004328 DIVISION: CV-G CLARENCE MITCHELL, Plaintiff, vs. VICTORIA NIKALE GREEN, an individual, JULENE TURBEVILLE, an individual, and LINDSAY TYLER DENNIS, an individual, Defendants. ______________________________________/ DEFENDANT’S MOTION TO CONSOLIDATE AND BIFURCATE Defendant, Lindsay Dennis, pursuant to Rule 1.270, Florida Rules of Civil Procedure, moves this Court to consolidate the following three cases: Mitchell v. Dennis, et al., Case No. 2022-CA-4328, Div. CV-G; Turbeville v. Dennis, Case No. 2022-CA-7109, Div. CV-C; and Moran v. Dennis, 2023-CA-4914, Div. CV-F, for the purposes of discovery, and a trial as to liability only, and further moves for a bifurcated trial as to liability and damages, and as grounds therefore states as follows: 1. The following three lawsuits are personal injury claims arising out of the same motor vehicle accident: Mitchell v. Dennis, et al., Case No. 2022-CA-4328, Div. CV-G; Turbeville v. Dennis, Case No. 2022-CA-7109, Div. CV-C; and Moran v. Dennis, 2023-CA- 4914, Div. CV-F. The subject motor vehicle accident was a multi-car accident on Interstate 10. 2. The issues for discovery purposes are similar since all three cases stem from the same accident. 3. The motions directed to the pleadings and motions for summary judgment filed Page 1 of 4 ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 07/28/2023 04:24:19 PM and/or to be filed in these matters involve identical issues of law, issues of fact, and underlying evidence, in so far as they pertain to liability, and defenses thereto. 4. These cases are appropriate for consolidation because they are based on the same operative set of facts and will turn on the same questions of law as it pertains to liability. 5. These cases should be consolidated as the cases involve same witness and experts as to liability, and consolidation would avoid duplicative effort, and unnecessary costs and expenditure. For example, if the cases are not consolidated, each party to each of these three suits are subject to being deposed three different times, once per case. 6. All three Plaintiffs are also alleging serious personal injuries and claim significant damages. It is further anticipated that liability and the facts of the subject matter accident will strongly be contested. A bifurcated trial as to liability and damages will aid in pre-trial settlement discussions, and a meaningful mediation, once a determination of fault has been made. Trying liability first and separately would be the best use of the Court’s time, as well as the parties’ time and resources. 7. Consolidating the three cases for purposes of hearing and ruling on motions directed to pleadings and motions for summary judgement, as well as a consolidated and bifurcated trial as to liability, would promote judicial economy and prevent inconsistency in rulings and an ultimate decision as to liability. Specifically, there is a risk that three different trials would result in three different determinations as to the fault of all the parties as Defendant has alleged comparative negligence and Fabre defenses in all three cases. It would constitute reversible error not to consolidate these cases. See U-Haul Co. of Northern Fla., Inc. v. White, 503 So 2d 332 (Fla. 1986); Holiday Inns, Inc. v. Spevak, 639 So. 2d 1110 (Fla. 1st DCA 1994) (“We find that the possibility of inconsistent verdicts and the interests of judicial economy Page 2 of 4 outweigh any prejudice which might arise from a delay caused by consolidation of these cases.”). See also Maharaj v. Grossman, 619 So. 2d 399 (Fla. 4th DCA 1993). WHEREFORE Defendant, Lindsay Dennis, pursuant to Rule 1.270, Florida Rules of Civil Procedure, requests this Court enter an Order consolidating the following three cases: Mitchell v. Dennis, et al., Case No. 2022-CA-4328, Div. CV-G; Turbeville v. Dennis, Case No. 2022-CA-7109, Div. CV-C; and Moran v. Dennis, 2023-CA-4914, Div. CV-F, for the purposes of discovery, and a trial as to liability only, and further ordering a bifurcated trial as to liability and damages, O'HARA LAW FIRM, Professional Association ___________________________________ Brian M. Guter Florida Bar No. 113681 Michael P. Regan, Jr. Florida Bar No. 20311 4811 Beach Boulevard, Suite 303 Jacksonville, FL 32207 Telephone (904) 346-3166 Facsimile (904) 346-5445 Service E-Mail: eService@oharalawfirm.com Attorneys for Lindsay Tyler Dennis Page 3 of 4 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy hereof has been furnished to Devan Hill, Esquire, Morgan & Morgan, P.A., 501 Riverside Avenue, Suite 1200, Jacksonville, FL 32202, via e- service at dhill@forthepeople.com, tgilbert@forthepeople.com, mpanganiban@forthepeople.com, mdick@forthepeople.com, and rkisling@forthepeople.com and to Kendra B. Therrell, Esquire, Law Offices of Kubicki Draper, 76 South Laura Street, Suite 1400, Jacksonville, FL 32202, via e-service at KBT-KD@kubickidraper.com and to E. Holland Howanitz, Esquire, Wicker Smith O’Hara Mccoy & Ford P.A., 50 North Laura Street, Suite 2700, Jacksonville, FL 32202, via e-service at JAXcrtpleadings@wickersmith.com on this 26th day of July, 2023. ___________________________________ Brian M. Guter Page 4 of 4