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“** FILED: BROWARD COUNTY, FL Howard C. Forman, CLERK 2/24/2015 2:15:25 PM.****
IN THE CIRCUIT COURT FOR THE
17TH JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
HUBERT NOCENTO, CASE NO: 12-35355 CACE (03)
Plaintiff,
vs. JUDGE: MILY RODRIGUEZ POWELL
ALLSTATE PROPERTY AND CASUALTY
INSURANCE COMPANY,
Defendant.
/
ORDER
THIS CAUSE came before the court on: (1) defendant’s motion to lift stay and motion to
dismiss for failure to comply with a court order; and (2) pro se plaintiffs motion to lift stay and
order for partial summary judgment. The court having considered the motions, the record, the
argument of counsel and pro se plaintiff, and being otherwise duly advised in the premises, finds
and decides as follows:
On December 21, 2012, plaintiff, Hubert Nocento (“Plaintiff”), filed a one-count breach
of contract action against defendant, Allstate Property and Casualty Insurance Company
(“Defendant”). On March 7, 2013, Defendant filed a motion to dismiss and/or to compel
appraisal. On January 9, 2014, this Court entered an order granting Defendant’s motion to
compel appraisal, directing the Plaintiff to retain a certified appraiser within thirty (30) days, and
staying the instant action pending the completion of the appraisal process.
Thereafter, on March 31, 2014, this Court entered an Order Denying Defendant’s Motion’
to Dismiss; Denying Plaintiff's Motion for Reconsideration of this Court’s Order on Motion to
Dismiss/Compel Appraisal; and Denying Plaintiff's Motion to Set Aside Order to Compel
Appraisal Provision. The March 2014 Order provided Plaintiff with an additional seven (7) daysSeer CASE NO: 12-35355 CACE (03)
to retain a certified appraiser. Additionally, the March 2014 Order provided that the instant
action remained stayed, pending the completion of the appraisal process.
Subsequently, on April 4, 2014, Plaintiff filed a “motion to vacate and or extension of
time on order to dismiss and compel appraisal.” On April 28, 2014, Plaintiff a motion in
compliance of order of appraisal, to lift stay, and to grant partial summary judgment. These
motions were denied by way of separate orders entered on May 21, 2014. Additionally, those
orders directed the parties to comply with an appraisal in accordance with the subject insurance
policy and continued the stay pending the completion of the appraisal. On November 18, 2014,
as a result of Plaintiff filing six separate motions, this Court entered a Sua Sponte Order directing
the parties to comply with the May 21, 2014 Orders.
On November 19, 2014, Defendant filed a motion to lift stay and motion to dismiss for
failure to comply with a court order. On November 24, 2014, Plaintiff filed a motion to lift stay
and order for partial summary judgment.’ A hearing was held on these motions on January 7,
2014.
After a careful review of the motions and the record, the court finds it appropriate to lift
the stay imposed by this Court’s January 9, 2014 Order. Additionally, the court finds it
necessary to conduct an additional hearing on Defendant’s Motion to Dismiss for Failure to
Comply with a Court Order to consider the factors set forth in the Florida Supreme Court’s
decision in Kozel v. Ostendorf, 629 So. 2d 817 (Fla. 1993). The court will also consider, at this
hearing, Plaintiff's Motion for Partial Summary Judgment.
Accordingly, it is hereby:
ORDERED that Defendant’s Motion to Lift Stay and Plaintiff's Motion to Lift Stay are
GRANTED.
' The record reveals that Plaintiff re-filed this motion on December 3, 2014.
Page 2 of 3CASE NO: 12-35355 CACE (03)
IT IS FURTHER ORDERED that ruling on Defendant’s Motion to Dismiss for Failure to
Comply With a Court Order and Plaintiff's Motion for Partial Summary Judgment are set for
hearing on Monday, March 2, 2015 at 11:00 a.m. in Room 998.
ot day of
DONE AND ORDERED in Chambers, Fort Lauderdale, Florida, this
Weg h bang
MILY RODRIGUEZ POWELL
CIRCUIT COURT JUDGE
February, 2015
Copies to:
Hubert Nocento, pro se
215 Northwest 60th Avenue
Margate, Florida 33063
Yasser R. Kader, Esquire
110 Southeast 6th Street
Suite 1800
Fort Lauderdale, Florida 33301
Page 3 of 3
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“** FILED: BROWARD COUNTY, FL Howard C. Forman, CLERK 2/24/2015 2:15:25 PM.**** IN THE CIRCUIT COURT FOR THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA HUBERT NOCENTO, CASE NO: 12-35355 CACE (03) Plaintiff, vs. JUDGE: MILY RODRIGUEZ POWELL ALLSTATE PROPERTY AND CASUALTY INSURANCE COMPANY, Defendant. / ORDER THIS CAUSE came before the court on: (1) defendant’s motion to lift stay and motion to dismiss for failure to comply with a court order; and (2) pro se plaintiffs motion to lift stay and order for partial summary judgment. The court having considered the motions, the record, the argument of counsel and pro se plaintiff, and being otherwise duly advised in the premises, finds and decides as follows: On December 21, 2012, plaintiff, Hubert Nocento (“Plaintiff”), filed a one-count breach of contract action against defendant, Allstate Property and Casualty Insurance Company (“Defendant”). On March 7, 2013, Defendant filed a motion to dismiss and/or to compel appraisal. On January 9, 2014, this Court entered an order granting Defendant’s motion to compel appraisal, directing the Plaintiff to retain a certified appraiser within thirty (30) days, and staying the instant action pending the completion of the appraisal process. Thereafter, on March 31, 2014, this Court entered an Order Denying Defendant’s Motion’ to Dismiss; Denying Plaintiff's Motion for Reconsideration of this Court’s Order on Motion to Dismiss/Compel Appraisal; and Denying Plaintiff's Motion to Set Aside Order to Compel Appraisal Provision. The March 2014 Order provided Plaintiff with an additional seven (7) daysSeer CASE NO: 12-35355 CACE (03) to retain a certified appraiser. Additionally, the March 2014 Order provided that the instant action remained stayed, pending the completion of the appraisal process. Subsequently, on April 4, 2014, Plaintiff filed a “motion to vacate and or extension of time on order to dismiss and compel appraisal.” On April 28, 2014, Plaintiff a motion in compliance of order of appraisal, to lift stay, and to grant partial summary judgment. These motions were denied by way of separate orders entered on May 21, 2014. Additionally, those orders directed the parties to comply with an appraisal in accordance with the subject insurance policy and continued the stay pending the completion of the appraisal. On November 18, 2014, as a result of Plaintiff filing six separate motions, this Court entered a Sua Sponte Order directing the parties to comply with the May 21, 2014 Orders. On November 19, 2014, Defendant filed a motion to lift stay and motion to dismiss for failure to comply with a court order. On November 24, 2014, Plaintiff filed a motion to lift stay and order for partial summary judgment.’ A hearing was held on these motions on January 7, 2014. After a careful review of the motions and the record, the court finds it appropriate to lift the stay imposed by this Court’s January 9, 2014 Order. Additionally, the court finds it necessary to conduct an additional hearing on Defendant’s Motion to Dismiss for Failure to Comply with a Court Order to consider the factors set forth in the Florida Supreme Court’s decision in Kozel v. Ostendorf, 629 So. 2d 817 (Fla. 1993). The court will also consider, at this hearing, Plaintiff's Motion for Partial Summary Judgment. Accordingly, it is hereby: ORDERED that Defendant’s Motion to Lift Stay and Plaintiff's Motion to Lift Stay are GRANTED. ' The record reveals that Plaintiff re-filed this motion on December 3, 2014. Page 2 of 3CASE NO: 12-35355 CACE (03) IT IS FURTHER ORDERED that ruling on Defendant’s Motion to Dismiss for Failure to Comply With a Court Order and Plaintiff's Motion for Partial Summary Judgment are set for hearing on Monday, March 2, 2015 at 11:00 a.m. in Room 998. ot day of DONE AND ORDERED in Chambers, Fort Lauderdale, Florida, this Weg h bang MILY RODRIGUEZ POWELL CIRCUIT COURT JUDGE February, 2015 Copies to: Hubert Nocento, pro se 215 Northwest 60th Avenue Margate, Florida 33063 Yasser R. Kader, Esquire 110 Southeast 6th Street Suite 1800 Fort Lauderdale, Florida 33301 Page 3 of 3