On December 21, 2012 a
Order
was filed
involving a dispute between
Nocento, Hubert,
and
All State Property And Casualty Ins Co,
for Contract and Indebtedness
in the District Court of Broward County.
Preview
ae" FILED: BROWARD COUNTY, FL Howard C. Forman, CLERK 5/21/2014 9:42:11 AM.****
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 DENYING PLAINTIFF’S MOTION TO VACATE AND OR EXTENSION OF
TIME ON ORDER TO DISMISS AND COMPEL APPRAISAL
THIS CAUSE came before court upon pro se plaintiffs “motion to vacate and or extension
of time on order to dismiss and compel appraisal.” The court having considered the motion, the
record, and being otherwise duly advised in the premises, finds and decides as follows:
On December 21, 2012, plaintiff, Hubert Nocento (“Plaintiff”) filed the instant breach of
contract action against defendant, Allstate Property and Casualty Insurance Company
(“Defendant”), concerning Defendant’s alleged failure to pay insurance proceeds. 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 Plaintiff to
retain a certified appraiser within thirty (30) days, and staying the instant action.
Thereafter, on March 26, 2014, this Court held a hearing on: (1) Defendant’s Motion to
Dismiss for Failure to Comply with Court Order; (2). Plaintiffs Motion for Reconsideration to
Vacate and/or Stay Defendant’s Motion to Dismiss and/or Compel Appraisal; and (3).Plaintiff’s
Motion to Set Aside Order to Compel Appraisal Provision. Following a hearing, the court denied” CASE NO: 12-35355 CACE (03)
these motions, and once again ordered Plaintiff to retain a certified appraiser within seven (7) days.
Additionally, the court stayed the instant action pending the outcome of the appraisal process.
On April 4, 2014, Plaintiff filed the instant “motion to vacate and or extension of time on
order to dismiss and compel appraisal.” Specifically, Plaintiff requests that the court set aside the
order compelling appraisal. After a careful review, the court finds that Plaintiffs motion to vacate
the order compelling appraisal lacks merit. Therefore, it must be denied.
Accordingly, it is hereby:
ORDERED that Plaintiff's Motion to Vacate and or Extension of Time on Order to Dismiss
and Compel Appraisal is DENIED.
IT IS FURTHER ORDERED that this action remains stayed pending conclusion of the
appraisal process. Neither party shall set a hearing until the stay is lifted pursuant to a properly
filed motion to lift the stay and subsequent court order same.
DONE AND ORDERED in Chambers, Fort Lauderdale, Florida, this oO day of May,
2014.
ot
MIL¥ RODRIGUEZ POWELL
CIRCUIT COURT JUDGE
Copies to:
Hubert Nocento, pro se, 215 Northwest 60th Avenue, Margate, FL 33063
Yasser R. Kader, Esq., 110 Southeast 6th Street, Suite 1800, Fort Lauderdale, FL 33301
Page 2 of 2
Document Filed Date
May 21, 2014
Case Filing Date
December 21, 2012
Category
Contract and Indebtedness
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Preview
ae" FILED: BROWARD COUNTY, FL Howard C. Forman, CLERK 5/21/2014 9:42:11 AM.**** 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 DENYING PLAINTIFF’S MOTION TO VACATE AND OR EXTENSION OF TIME ON ORDER TO DISMISS AND COMPEL APPRAISAL THIS CAUSE came before court upon pro se plaintiffs “motion to vacate and or extension of time on order to dismiss and compel appraisal.” The court having considered the motion, the record, and being otherwise duly advised in the premises, finds and decides as follows: On December 21, 2012, plaintiff, Hubert Nocento (“Plaintiff”) filed the instant breach of contract action against defendant, Allstate Property and Casualty Insurance Company (“Defendant”), concerning Defendant’s alleged failure to pay insurance proceeds. 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 Plaintiff to retain a certified appraiser within thirty (30) days, and staying the instant action. Thereafter, on March 26, 2014, this Court held a hearing on: (1) Defendant’s Motion to Dismiss for Failure to Comply with Court Order; (2). Plaintiffs Motion for Reconsideration to Vacate and/or Stay Defendant’s Motion to Dismiss and/or Compel Appraisal; and (3).Plaintiff’s Motion to Set Aside Order to Compel Appraisal Provision. Following a hearing, the court denied” CASE NO: 12-35355 CACE (03) these motions, and once again ordered Plaintiff to retain a certified appraiser within seven (7) days. Additionally, the court stayed the instant action pending the outcome of the appraisal process. On April 4, 2014, Plaintiff filed the instant “motion to vacate and or extension of time on order to dismiss and compel appraisal.” Specifically, Plaintiff requests that the court set aside the order compelling appraisal. After a careful review, the court finds that Plaintiffs motion to vacate the order compelling appraisal lacks merit. Therefore, it must be denied. Accordingly, it is hereby: ORDERED that Plaintiff's Motion to Vacate and or Extension of Time on Order to Dismiss and Compel Appraisal is DENIED. IT IS FURTHER ORDERED that this action remains stayed pending conclusion of the appraisal process. Neither party shall set a hearing until the stay is lifted pursuant to a properly filed motion to lift the stay and subsequent court order same. DONE AND ORDERED in Chambers, Fort Lauderdale, Florida, this oO day of May, 2014. ot MIL¥ RODRIGUEZ POWELL CIRCUIT COURT JUDGE Copies to: Hubert Nocento, pro se, 215 Northwest 60th Avenue, Margate, FL 33063 Yasser R. Kader, Esq., 110 Southeast 6th Street, Suite 1800, Fort Lauderdale, FL 33301 Page 2 of 2