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Filing # 142325066 E-Filed 01/20/2022 12:19:55 PM
IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT
IN AND FOR LAKE COUNTY, FLORIDA
CIVIL DIVISION
JOHN JOSEPH CONNOLLY,
Plaintiff, Case No: 2021CA1640
Vv.
JOHN ROBERT KOVAL and
J&J ICE, INC.,
Defendants.
/
MOTION TO CONSOLIDATE
Come now Defendants, JOHN ROBERT KOVAL and J&J ICE, INC., by and through their
attorney undersigned and pursuant to Rule 1.270, Florida Rules of Civil Procedure, and
respectfully move this Honorable Court to consolidate the cases of John Joseph Connolly vs. John
Robert Koval and J&J Ice, Inc., Case number 2021CA1640 and Helen Ann Connolly vs. John
Robert Koval and J&J Ice, Inc., Case number 2021CA1637 and as grounds therefore would show:
1 There is presently pending in Lake County the case of Helen Ann Connolly vs. John
Robert Koval and J&J Ice, Inc., Case number 2021CA1637.
2. The actions involve common questions of law and facts and are both pending before
this Court. Specifically, the commons issues of law and fact are as follows:
a. Both cases arise out of the same motor vehicle accident that occurred on
March 22, 2021.
Helen Ann Connolly and John Joseph Connolly are father and daughter who
live together and would be witnesses in each case.
There are questions of liability and extent of liability which would fall upon
Defendants, John Robert Koval and J&J Ice, Inc., in both cases and
therefore those questions would need to resolved by a single jury so as to
prevent inconsistent verdicts.
FILED: LAKE COUNTY, GARY J. COONEY, CLERK, 01/20/2022 04:23:10 PM.
Helen Ann Connolly and John Joseph Connolly share common medical
providers and both Plaintiffs had lumbar spine surgery by the same
provider.
As a result of the same treatment regimen and physicians, judicial economy
would dictate that these matters be consolidated.
3 Due to the common questions of law and fact and in the interest of judicial economy
as well as the potential for inconsistent verdicts and additional expenses and hardship upon the
Defendants, it is necessary to consolidate these two cases.
4 There is no party that would be prejudiced by the consolidation of these actions.
5 Based upon the foregoing, Defendant moves to consolidate the above-referenced
action with the present action, pursuant to rule 1.270 of the Florida Rules of Civil Procedure, which
provides in pertinent part:
a. Consolidation. When actions involving a common question of law or fact are
pending before the Court, it may order a joint hearing or trial of any and all matters in issue in the
actions; it may order all the actions consolidated; and it may make such orders concerning
proceedings therein as may tend to avoid unnecessary costs or delay. Fla R. Civ. P. 1.270(a)
6 The consolidation of actions rests in the sound discretion of the trial court. See, e.g.,
Tommie v, LaChance, 412 So.2d 439, 441 (Fla. 4 DCA 1982). “The trial court is guided in its
exercise of discretion by the direction in rule 1.270 that it may make such orders concerning
proceedings therein as may tend to avoid unnecessary costs or delay. Pages v. Dominguez, 352 So.
2d 864, 868 (Fla. 4 DCA 1995).
7
Consolidation should be ordered for a number of reasons: immediate consolidation
would serve the best interests of judicial economy, avoid unnecessary expenditure of time and
expense by the parties, and promote efficient and proper administration of justice.
WHEREFORE, the Defendants respectfully move to consolidate Case No.: 2021-CA-1640
with Case No.: 2021-CA-1637.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of the foregoing has been furnished by Electronic
Mail/Florida E-portal on this day of 20" January 2022 to D. Graham Anderson, Esquire,
Bogins Munns & Munns, PA, 1390 N. Hancock Road, Suite 201, Clermont, FL 34711 (via
email: ganderson@boginmunns.com; cscherr@boginmunns.com; aquuintana@boginmunns.com;
bmmservice@boginmunns.com).
|o| Frank
A. Miller
FRANK A. MILLER, ESQUIRE
Florida Bar No. 910831
Email: fmiller@cagmil.com
Caglianone & Miller, P.A.
703 Lamar Avenue
Brooksville, FL 34601
352/796-6733 // 352/799-7506 fax
Secondary Email: llaman@cagmil.com
___amirabal@cagmil.com
Attorney for Defendant
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Filing # 142325066 E-Filed 01/20/2022 12:19:55 PM IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT IN AND FOR LAKE COUNTY, FLORIDA CIVIL DIVISION JOHN JOSEPH CONNOLLY, Plaintiff, Case No: 2021CA1640 Vv. JOHN ROBERT KOVAL and J&J ICE, INC., Defendants. / MOTION TO CONSOLIDATE Come now Defendants, JOHN ROBERT KOVAL and J&J ICE, INC., by and through their attorney undersigned and pursuant to Rule 1.270, Florida Rules of Civil Procedure, and respectfully move this Honorable Court to consolidate the cases of John Joseph Connolly vs. John Robert Koval and J&J Ice, Inc., Case number 2021CA1640 and Helen Ann Connolly vs. John Robert Koval and J&J Ice, Inc., Case number 2021CA1637 and as grounds therefore would show: 1 There is presently pending in Lake County the case of Helen Ann Connolly vs. John Robert Koval and J&J Ice, Inc., Case number 2021CA1637. 2. The actions involve common questions of law and facts and are both pending before this Court. Specifically, the commons issues of law and fact are as follows: a. Both cases arise out of the same motor vehicle accident that occurred on March 22, 2021. Helen Ann Connolly and John Joseph Connolly are father and daughter who live together and would be witnesses in each case. There are questions of liability and extent of liability which would fall upon Defendants, John Robert Koval and J&J Ice, Inc., in both cases and therefore those questions would need to resolved by a single jury so as to prevent inconsistent verdicts. FILED: LAKE COUNTY, GARY J. COONEY, CLERK, 01/20/2022 04:23:10 PM. Helen Ann Connolly and John Joseph Connolly share common medical providers and both Plaintiffs had lumbar spine surgery by the same provider. As a result of the same treatment regimen and physicians, judicial economy would dictate that these matters be consolidated. 3 Due to the common questions of law and fact and in the interest of judicial economy as well as the potential for inconsistent verdicts and additional expenses and hardship upon the Defendants, it is necessary to consolidate these two cases. 4 There is no party that would be prejudiced by the consolidation of these actions. 5 Based upon the foregoing, Defendant moves to consolidate the above-referenced action with the present action, pursuant to rule 1.270 of the Florida Rules of Civil Procedure, which provides in pertinent part: a. Consolidation. When actions involving a common question of law or fact are pending before the Court, it may order a joint hearing or trial of any and all matters in issue in the actions; it may order all the actions consolidated; and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay. Fla R. Civ. P. 1.270(a) 6 The consolidation of actions rests in the sound discretion of the trial court. See, e.g., Tommie v, LaChance, 412 So.2d 439, 441 (Fla. 4 DCA 1982). “The trial court is guided in its exercise of discretion by the direction in rule 1.270 that it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay. Pages v. Dominguez, 352 So. 2d 864, 868 (Fla. 4 DCA 1995). 7 Consolidation should be ordered for a number of reasons: immediate consolidation would serve the best interests of judicial economy, avoid unnecessary expenditure of time and expense by the parties, and promote efficient and proper administration of justice. WHEREFORE, the Defendants respectfully move to consolidate Case No.: 2021-CA-1640 with Case No.: 2021-CA-1637. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing has been furnished by Electronic Mail/Florida E-portal on this day of 20" January 2022 to D. Graham Anderson, Esquire, Bogins Munns & Munns, PA, 1390 N. Hancock Road, Suite 201, Clermont, FL 34711 (via email: ganderson@boginmunns.com; cscherr@boginmunns.com; aquuintana@boginmunns.com; bmmservice@boginmunns.com). |o| Frank A. Miller FRANK A. MILLER, ESQUIRE Florida Bar No. 910831 Email: fmiller@cagmil.com Caglianone & Miller, P.A. 703 Lamar Avenue Brooksville, FL 34601 352/796-6733 // 352/799-7506 fax Secondary Email: llaman@cagmil.com ___amirabal@cagmil.com Attorney for Defendant