IN THE CIRCUIT COURT FOR THE SIXTH JUDICIAL CIRCUIT
IN AND FOR PINELLAS COUNTY, FLORIDA
vs. Appeal No. 01-557-CI-88A
LIBERTY MUTUAL INSURANCE COMPANY
THIS CAUSE came before the Court on the Appellee’s Motion to Supplement Record on Appeal, the Appellee’s Motion to Dismiss Appeal, and the Appellant’s Response in Opposition to Motion to Dismiss Appeal. Upon review of said motions and being otherwise fully advised in the premises, the Court initially finds that the record need not be supplemented by order of this Court for the purpose of considering the Appellee’s Motion to Dismiss. The Florida Rules of Appellate Procedure, Rule 9.300(a)(2001), already provides that “[a] motion may be accompanied by an appendix, which may include affidavits and other appropriate supporting documents not contained in the record.”
In considering the affidavits and documents filed by the Appellee in support of its Motion to Dismiss Appeal, the Court was unable to conclude that there has been an accord and satisfaction of the issues raised in the present appeal. See Republic Funding Corporation of Florida v. Juarez, 563 So.2d 145 (Fla. 5th DCA 1990). The Appellant contends there has been not been an accord and satisfaction and that monies paid since the filing of her Notice of Appeal were due and owing as a result of the lower court’s previously entered Orders on April 13, 2000, and, as amended, on July 6, 2000. The documents filed by the Appellee, the Affidavit of Christine Fitzgerald, the copy of the check made payable to Wendy Coxhead, P.A., and the letter dated January 24, 200, support the Appellant’s contention. These documents all indicate that payment was made to Wendy Coxhead, P.A., pursuant to the Orders entered April 13, 2000, and, as amended, on July 6, 2000, in addition to Ms. Coxhead’s demand letter, dated January 11, 2001 (this demand letter did not accompanying the Appellee’s Motion to Dismiss Appeal).
However, the Appellee is not precluded from filing a Second Motion to Dismiss Appeal if, upon receipt of the Appellant’s Initial Brief, the Appellee can conclusively show there has been an accord and satisfaction of all the issues presented, such that this appeal would become moot.
Therefore, it is,
ORDERED AND ADJUDGED that the Appellee’s Motion to Supplement Record on Appeal is denied. It is further
ORDERED AND ADJUDGED that the Appellee’s Motion to Dismiss Appeal is denied.
DONE AND ORDERED in Chambers, at Clearwater, Pinellas County, Florida this ________ day of April 2001.
W. DOUGLAS BAIRD
Circuit Judge, Appellate Division
Copies Furnished To:
14119 SE 83rd Street
Newcastle, WA 98059
Attorney for Appellant
109 N. Brush Street, Suite 500
Tampa, FL 33601
Attorney for Appellee