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Filing # 138441401 E-Filed 11/12/2021 03:43:45 PM
IN THE CIRCUIT COURT OF THE TWELFTH
JUDICIAL CIRCUIT
IN AND FOR SARASOTA COUNTY,
FLORIDA
BETSYS Y. RIVERON ESTRADA and
YASEL PEREZ PARDO,
CASE NO: 2021-CA-002799
Plaintiffs,
VS.
AMERICAN INTEGRITY INSURANCE
COMPANY OF FLORIDA,
Defendant.
PLAINTIFFS’ RESPOSE TO COURT’S ORDER TO SHOW CAUSE
Plaintiffs, BETSYS Y. RIVERON ESTRADA and YASEL PEREZ PARDO (the
“Insured”’), pursuant to the Florida Rules of Civil Procedure, hereby files this Response to
Order to Show Cause and for an Order awarding attorney’s fees and costs, and states:
1. The Plaintiffs, BETSYS Y. RIVERON ESTRADA and YASEL PEREZ PARDO
(referred to as the “Insured”’) is seeking to recover damages resulting from Defendant’s
breach of the Policy.
2. Defendant is a Florida corporation which issued policy number AGH0138372 (the
“Policy”’) to the insured.
3. Plaintiff filed their Complaint for breach of contract (Count I) on or about June 10, 2021.
4. This Court issued an Order directing the parties to attend a Case Management Conference
scheduled on November 8, 2021.
Filed 11/12/2021 05:51 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL10.
11.
The notice was missed due to clerical error and therefore was never scheduled on the
Attorney’s calendar as a deadline.
As a result, undersigned counsel failed to appear on November 8, 2021.
This Court sent an Order to Show Cause for Failure to Appear at Case Management
Conference where undersigned counsel was to file a written response as to why sanctions
should not be entered, and the case dismissed. A copy of the Order is attached hereto as
Exhibit “A.”
Pursuant to Florida Rule of Civil Procedure | .540(b):
On motion and upon such terms as are just, the court may relieve a
party or a party’s legal representative from a final judgment,
decree,order, or proceeding for the following reasons: (1) mistake,
inadvertence, surprise, or excusable neglect; (2) newly discovered
evidence which by due diligence could not have been discovered in
time to move for a new trial or rehearing; (3) fraud,
misrepresentation, or other misconduct of an adverse party; (4) that
the judgment or decree is void...
Where inaction results from clerical or secretarial error, reasonable misunderstanding, a
system gone awry or any other of the foibles to which human nature is heir, then upon
timely application accompanied by a reasonable and credible explanation the matter should
be permitted to be heard on the merits. It is a gross abuse of discretion for the trial court to
rule otherwise.” Somero v. Hendry General Hospital, 467 So. 2d 1103, 1106 (Fla. 4th DCA
1985).
In this case, Plaintiffs failure to appear at the November 8, 2021, Case Management
Conference was due to excusable neglect and secretarial error.
Plaintiff’s counsel will reach out to Defendant’s counsel to meet and conferred regarding
a case management plan.12. Dismissing the case or imposing sanctions will cause Plaintiffundue prejudice in resolution
of the matter and further delay Plaintiff's relief and rightful day in court.
WHEREFORE, Plaintiffs, BETSYS Y. RIVERON ESTRADA and YASEL PEREZ
PARDO, respectfully requests that this Honorable Court to not impose sanction and not
dismiss the case.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was served via
Florida E-Portal to all parties on this 12 day of November 2021.
Your Insurance Attorney, PLLC.
250 N. Orange Ave., Suite 605
Orlando, FL 32801
Phone No.: (407) 751-1370
Fax: 1-888-745-5677
Email: YIA13@Yourinsuranceattorney.com
Secondary Email: Eservice@Y ourinsuranceattorney.com
By. /s/ Aristides Diaz, Esq.
Aristides “Kico” Diaz, Esq.
Florida Bar No. 118400
Jalitza Serrano, Esq.
Florida Bar No. 1025700EXHIBIT
NAYIN THE TWELFTH JUDICIAL CIRCUIT COURT
IN AND FOR SARASOTA COUNTY, FLORIDA
BETSYS Y RIVERON ESTRADA ,
YASEL PEREZ PARDO ,
Plaintiff,
y CASE NO. 2021 CA 002799 NC
DIVISION A CIRCUIT
AMERICAN INTEGRITY
INSURANCE COMPANY OF
FLORIDA,
Defendant.
ORDER TO SHOW CAUSE FOR
FAILURE TO APPEAR AT CASE MANAGEMENT CONFERENCE
On 11/08/2021, the Court conducted a Case Management Conference. The following
parties failed to appear without being excused by the Court:
[X] _— Plaintiff(s) Betsys Y Riveron Estrada & Yasel Perez Pardo
[ | Defendant(s)
| | Other(s)
By Order docketed 08/02/2021, see [DIN 9], the Court directed that appearance at this
Case Management Conference was mandatory unless excused by the Court. The Court further
cautioned: “Failure to attend could result in the Court dismissing the action, striking the
pleadings, limited proof or witnesses, or taking other appropriate action. Fla. R. Civ. P.
1.200(c).”
Within 15 days of the date of this Order, the non-appearing party(ies) shall show cause in
writing and filed with the Court and with a copy provided to the Court’s Judicial Assistant why
such party was not at the Case Management Conference and why sanctions should not be
entered, including, without limitation to, dismissing the action, striking the pleadings, limiting
proof or witnesses, or taking other appropriate action. The non-appearing party(ies) are advised
the failure to respond may result in the imposition of one or more of these sanctions without
further notice.
Parties appearing at the Case Management Conference, if any, are not required to
respond.
Additional Court instructions (none if blank):
Page 1 of 2
Filed 11/9/2021 4:57 PM - Karen E Rushing, Clerk of the Circuit Court, Sarasota County, FLDONE AND ORDERED in Sarasota, Sarasota County, Florida, on 11/09/2021.
e-nigned 11aeoe1 4.57 PM 2021 CA Go2 oe No
STEPHEN WALKER CIRCUIT JUDGE
SERVICE CERTIFICATE
On 11/09/2021, the Court caused the foregoing document to be served via the Clerk of
Court’s case management system, which served the following individuals via email (where
indicated). On the same date, the Court also served a copy of the foregoing document via First
Class U.S. Mail on the individuals who do not have an email address on file with the Clerk of
Court:
ARISTIDES DIAZ
ESERVICE@YOURINSURANCEATTORNEY.COM
LAUREN M VAGNONI
Page 2 of 2
Filed 11/9/2021 4:57 PM - Karen E Rushing, Clerk of the Circuit Court, Sarasota County, FL
Preview
Filing # 138441401 E-Filed 11/12/2021 03:43:45 PM IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT IN AND FOR SARASOTA COUNTY, FLORIDA BETSYS Y. RIVERON ESTRADA and YASEL PEREZ PARDO, CASE NO: 2021-CA-002799 Plaintiffs, VS. AMERICAN INTEGRITY INSURANCE COMPANY OF FLORIDA, Defendant. PLAINTIFFS’ RESPOSE TO COURT’S ORDER TO SHOW CAUSE Plaintiffs, BETSYS Y. RIVERON ESTRADA and YASEL PEREZ PARDO (the “Insured”’), pursuant to the Florida Rules of Civil Procedure, hereby files this Response to Order to Show Cause and for an Order awarding attorney’s fees and costs, and states: 1. The Plaintiffs, BETSYS Y. RIVERON ESTRADA and YASEL PEREZ PARDO (referred to as the “Insured”’) is seeking to recover damages resulting from Defendant’s breach of the Policy. 2. Defendant is a Florida corporation which issued policy number AGH0138372 (the “Policy”’) to the insured. 3. Plaintiff filed their Complaint for breach of contract (Count I) on or about June 10, 2021. 4. This Court issued an Order directing the parties to attend a Case Management Conference scheduled on November 8, 2021. Filed 11/12/2021 05:51 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL10. 11. The notice was missed due to clerical error and therefore was never scheduled on the Attorney’s calendar as a deadline. As a result, undersigned counsel failed to appear on November 8, 2021. This Court sent an Order to Show Cause for Failure to Appear at Case Management Conference where undersigned counsel was to file a written response as to why sanctions should not be entered, and the case dismissed. A copy of the Order is attached hereto as Exhibit “A.” Pursuant to Florida Rule of Civil Procedure | .540(b): On motion and upon such terms as are just, the court may relieve a party or a party’s legal representative from a final judgment, decree,order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial or rehearing; (3) fraud, misrepresentation, or other misconduct of an adverse party; (4) that the judgment or decree is void... Where inaction results from clerical or secretarial error, reasonable misunderstanding, a system gone awry or any other of the foibles to which human nature is heir, then upon timely application accompanied by a reasonable and credible explanation the matter should be permitted to be heard on the merits. It is a gross abuse of discretion for the trial court to rule otherwise.” Somero v. Hendry General Hospital, 467 So. 2d 1103, 1106 (Fla. 4th DCA 1985). In this case, Plaintiffs failure to appear at the November 8, 2021, Case Management Conference was due to excusable neglect and secretarial error. Plaintiff’s counsel will reach out to Defendant’s counsel to meet and conferred regarding a case management plan.12. Dismissing the case or imposing sanctions will cause Plaintiffundue prejudice in resolution of the matter and further delay Plaintiff's relief and rightful day in court. WHEREFORE, Plaintiffs, BETSYS Y. RIVERON ESTRADA and YASEL PEREZ PARDO, respectfully requests that this Honorable Court to not impose sanction and not dismiss the case. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was served via Florida E-Portal to all parties on this 12 day of November 2021. Your Insurance Attorney, PLLC. 250 N. Orange Ave., Suite 605 Orlando, FL 32801 Phone No.: (407) 751-1370 Fax: 1-888-745-5677 Email: YIA13@Yourinsuranceattorney.com Secondary Email: Eservice@Y ourinsuranceattorney.com By. /s/ Aristides Diaz, Esq. Aristides “Kico” Diaz, Esq. Florida Bar No. 118400 Jalitza Serrano, Esq. Florida Bar No. 1025700EXHIBIT NAYIN THE TWELFTH JUDICIAL CIRCUIT COURT IN AND FOR SARASOTA COUNTY, FLORIDA BETSYS Y RIVERON ESTRADA , YASEL PEREZ PARDO , Plaintiff, y CASE NO. 2021 CA 002799 NC DIVISION A CIRCUIT AMERICAN INTEGRITY INSURANCE COMPANY OF FLORIDA, Defendant. ORDER TO SHOW CAUSE FOR FAILURE TO APPEAR AT CASE MANAGEMENT CONFERENCE On 11/08/2021, the Court conducted a Case Management Conference. The following parties failed to appear without being excused by the Court: [X] _— Plaintiff(s) Betsys Y Riveron Estrada & Yasel Perez Pardo [ | Defendant(s) | | Other(s) By Order docketed 08/02/2021, see [DIN 9], the Court directed that appearance at this Case Management Conference was mandatory unless excused by the Court. The Court further cautioned: “Failure to attend could result in the Court dismissing the action, striking the pleadings, limited proof or witnesses, or taking other appropriate action. Fla. R. Civ. P. 1.200(c).” Within 15 days of the date of this Order, the non-appearing party(ies) shall show cause in writing and filed with the Court and with a copy provided to the Court’s Judicial Assistant why such party was not at the Case Management Conference and why sanctions should not be entered, including, without limitation to, dismissing the action, striking the pleadings, limiting proof or witnesses, or taking other appropriate action. The non-appearing party(ies) are advised the failure to respond may result in the imposition of one or more of these sanctions without further notice. Parties appearing at the Case Management Conference, if any, are not required to respond. Additional Court instructions (none if blank): Page 1 of 2 Filed 11/9/2021 4:57 PM - Karen E Rushing, Clerk of the Circuit Court, Sarasota County, FLDONE AND ORDERED in Sarasota, Sarasota County, Florida, on 11/09/2021. e-nigned 11aeoe1 4.57 PM 2021 CA Go2 oe No STEPHEN WALKER CIRCUIT JUDGE SERVICE CERTIFICATE On 11/09/2021, the Court caused the foregoing document to be served via the Clerk of Court’s case management system, which served the following individuals via email (where indicated). On the same date, the Court also served a copy of the foregoing document via First Class U.S. Mail on the individuals who do not have an email address on file with the Clerk of Court: ARISTIDES DIAZ ESERVICE@YOURINSURANCEATTORNEY.COM LAUREN M VAGNONI Page 2 of 2 Filed 11/9/2021 4:57 PM - Karen E Rushing, Clerk of the Circuit Court, Sarasota County, FL