eintle and t]; - Supreme Court of Florida...8# 122779 be 6 8/20j4 ftri 8 cd) n1be, o,R 18o I day...
Transcript of eintle and t]; - Supreme Court of Florida...8# 122779 be 6 8/20j4 ftri 8 cd) n1be, o,R 18o I day...
8 # 122779
be 6 8/20j4
f tri 8 cd) n1be, o,R
18o I day slutcwi etWcen 7 Itria] a aye tria] 3 43 ,
rc inc] ded 20 °ncj To150 in the 08 (r nd
140 be rcen ourt
120 nd rinal
80
6
40 R
20
C fo]]o .
(gree aPh dep¿Cts the
1,600
-400
1,200
1,000
800
600
200
0
*07
Vol 01 Avo
ofsettl 'ª¹ute
enjent o,ders Juda°red ®08sy s
hJeintle
and t];tatew;
G o
rn to y °fContents
008 OJCC
nualy©Port
e dist et (red)ßraph depicts ti;
300 ° state e at «other»(8teen). ®eaning n°t settlenlent
2500 ipulation°Fders entered by
each 8° in
1500
1000
o
d stri ,.oeWing g RPh de 08d) and th P'°ts th IIarri
500 "Iªtewide eVohnne°f"other"ßreen). (*1°anin8 not
450 s) hearings recor
400 as "heigneach J
350 in the
'°°250
200
150
100
So
o
illiam
86of RJ
G og
retu ' VY° Table of
utents
2008 OJCCAn
Appendix "8" District LKL (JCC Hofstad)Distnct LKL includes Hardee, Highlands, and Polk counties
Hofstad losed Ica t vol e of PF s n rece ea s t average in 2007-08. Judgeexceeded PFB filing, which demonstrates continued Y . e hat rate decreased in 2007-08, PFB closures stillDistrict. The LKL year-end pending PFB inventory 2,037)ss on addressing the pending PFB inventory in this busy
District LKL has the highest trial volume (113) in F1 rid dfiling volumes. No empirical explanation for the reate t - esPite other divisions an Florida having similar PFBHofstad in Lakeland were supplemented in 2007-Ó8 b Jud to of tnals in LKL has been discerned. The efforts of JudgeRemsnyder (SPT), Hafner (SPT), Beck (SAR) Spangler (F , Murphy (TPA), Jenkins (TPA),
entered by these visiting judges are not included in the 113 to , and Terlizzese (MEL). The trial ordersWith this considerable volume of visiting Judge effort the ti eli which s attributable solely to Judge Hofstad's efforts.2007-08, , m ness measures contmued to improve in LKL during
(116) an e s u ry d hem PFB fihng to first mediation in 2007-08 was below both the statewide avera
rom 53 ays in 2 07 08, d spit the fac tha e ave dtr to nal d en by dge I ofs ad decr ased to 43 dayof other heanngs and orders is also significantly above the statewide avera es e s Per week. Judge Hofstad's volume
The following graph depicts the volume of PFBs filed thi d(red) r each Judge in the district. Viewed in monocht me the co u n e in t t orde e 2 0 07 (blue) and 2007-08
5000 6
4000
3572
3000 31382581
2272 �042
2000
1000
0
State AverageHofstad, Mark
m2002-03 E2006-07 m2007-08
Page 87 of 176(retum to Table of Contents) 2008 OJCC Annual Report
9
The following graph depicts the inventory of pending PFBs in this district at the conclusion of the last five fiscal years foreach Judge in the district (multicolor bars, red on far right is 2008) and the statewide average for each year is representedby the blue bars immediately to the left of each year.
12000 -
8000 - è7013
6451'' 863 6077 6194
6000 -
4000 -
2661
20372000
1347
Hofstad
E04 AVG E06/30/04 B05 AVG D06/30/05 506 AVG E06/30/06
The following graph depicts the average number of days between PFB filing and the first mediation held thereon for eachmediator in the district (purple (07) and red (08)) and the statewide average is represented (blue (07) and green (08)).
180 -
160
140
120 -
100
80 -
60
40 -
20 -
Williams, David
a Statewide Avg. 06-07 E Mediator 06-07 O Statute �042Mediator 07-08
Page 89 of 176 {Letu.!I!Ltolable_s!f_CoAte!1ts) 2008 OJCC Annual Report
( ) r ea h Judge in the di rict nd the t id average for 007-08 st n 200 8 gree0 (blue) and 2007-08
140
120
100
80
60
40
20
0
. Hofstad
207 Judge m 07 AVG �04208Judge 208 AVG
This graph depicts the average days between PFB fil d08 (red) and the statewide average for 2007-08 (rust) d 2007 8C°3Huencing for each Judge in 2006-07 (blue) and 2007-
trial is considered. Any days after the first day of trial are included the ave for d ys be e n rial d day d
500
400
300N
200
100
0
Hofstada 07 Judge a 07 AVG u Statute - 210 a 08 Judge a 08 AVG
2008 OJCC Annual Report
The following graph depicts the average number of days between trial (commencing) and the final order entry for eachJudge in 2006-07 (blue) and 2007-08 (red) the statewide average for 2007-08 (rust) and 2007-08 (green). All days
between the first day of trial and last day of trial are included in the calculation of days between trial and final order.60
50
40
30
20
10
0
Hofstad
�04207Judge a 07 AVG �042Statute= 30 E08 Judge a 08 AVG
The f wing raph depicts the volume of settlement orders entered by each Judge in the district (red) and the statewide
1,800
1,600
1,400
1,200
1,000
800
600
400
200
0 ,,
Hofstad, Mark
E Judge 08 m AVG 08
age 91 of 176 2008 OJCC Annual Report
The following graph depicts the average number of days between filing of a settlement motion and entry of a settlementorder by each.Judge m the distuct (red) and the statéwide average (green),
14
13
12
10 - .._
6
54
2
0 -
Hofstad
aJudge m 08 AVG
The following raph depicts the volume of stipulation orders entered by each Judge in the district (red) and the statewide
.500
400
300
200 1
100
0
Hofstad, Mark
e Judge 08 mAVG 08
age 92 of 176 2008 OJCC Annual Report
91
© followi
le district (re apli depicts the yoj
6000 ° Statewi e a t"Úneaning
or stipulag;5000 orders entered
ch I 8e in
4000
3000
2000
1000
0
d stric (re Ph depicts tke statew; nie of «
'600 etage ng not trig;
hearings1,400 recorded as "hey n
1,00
800
ay ad,OAyG08
in to Table yContents
CCAnnuay gePort
Appendix "9" District MEL (JCC Terlizzese):District MEL includes Brevard, Indian River, and Okechobee counties.
District MEL included only Brevard county at the beginning of 2007-08. Due the volume of filings and trials inthe PSL district to the South, however, Judge Terlizzese volunteered to accept additional counties of responsibility.Indian River and Okechobee counties were transferred to District MEL in the Spring of 2008.
MEL had a slight increase in PFB and new case filings in 2007-08, likely due in some part to the countyrealignment. The PFB closure rate was virtually identical to the PFB filing rate, illustrating a District in balance. Theyear-end pending PFB inventory (347) is markedly low.
MEL had the lowest average days between PFB filing and first mediation (70 days) in 2007-08. This is wellbelow the statewide average (116) and the statutory period (130). District MEL had a trial volume (38) below the 2007-08 statewide average (54). Judge Terlizzese's average days from PFB filing to trial was only 95 days in 2007-08, and wasthe lowest average in the state. The average days from trial to entry of a final order was 10 days.
The settlement order volume in MEL was above the statewide average. Some portion of this is attributable toJudge Terlizzese volunteering to undertake consideration and approval of settlement motions for several south FloridaJudges in 2007-08. Despite the significant volume of settlement orders, Judge Terlizzese averaged entry of the orderwithin 5 days of filing, compared to a statewide average of 9 days. District MEL also had above average volumes ofstipulation orders and "other" orders.
The following graph depicts the volume of PFBs filed in this district during 2002-03 (black), 2006-07 (blue) and 2007-08(red) for each Judge in the district. Viewed in monochrome, the columns are in that order left to right.
4500. -
4000 -
35003051
30002581
2500 - 2272
2000 -
1475 15351500 -
1000 -
500 -
State Average Terlizzese, Paul
m2002-03 s2006-07 m2007-08
Page 94 of 176 (return to Table of Contents) 2008 OJCC Annual Report
C.
y c, ......
f5 .
r ) f a hg graph depicts the total volume of trial orders uploaded in this district during 2006-07 (blue) and 2007-08g In e stnct and the statewide average for 2007-08 (rust) and 2007-08 (green).
60
50
40
10
0
Terlizzese
a 07 Judge a 07 AVG e 08 Judge · m 08 AVG
This graph depicts the average days between PFB filing and trial commencing for each Judge in 2006-07 (blue) and 2007
(re ) and the statewide average for 2007-08 (rust) and 2007-08 (green). For these calculations only the fi t d ftrial is considered. Any days after the first day of trial are included in the average for days between trial and nal order.
400
350
300
250
200 p
150
100 ä!
50
0
Terlizzese
07 Jud8e a 07 AVG a Statute = 210 m 08 Judge m 08 AVG
2008 OJCC Annual Report
The following graph depicts the average number of days between filing of a settlementorder by each Judge in the district (red) and the statewide average (green).
10 .
9
8 - _
7
6
5 5
4
3 -
2
1
0
motion and entry of a settlement
RMBER
Terlizzese
mJudge e08AVG
The following graph depicts the volume of stipulation orders entered by each Judge in the district (red) and the statewideaverage (green).
400
300
200 -
100
0
Terlizzese, Paul
a Judge 08 m AVG 08
Page 99 of 176 (return to Table of Contents) 2008 OJCC Annual Report
%
Appendix "10" DiStrict MIA (JCC Castiello, JCC Harnage, JCC Hill, JCC Kuker,JCC Medina-Shore):District MIA includes Dade and Monroe counties. Each of the MIA divisions had above-average PFB volumes in 2007-08, but each also had below average "new case" filings. Notably, each of the MIA divisions closed significant volumes ofPFBs in 2006-07. In 2007-08, 5 of the top 6 Judges in PFB closure were the 5 Judges in MIA. Of particular note are thevolumes closed over the two-year period by Judges Harnage (18,375) and Medina-Shore (18,048), although the effort andcommitment of each MIAjudge is clearly evident in the closure volumes. Notably, each MIA Judge's year-end pendingPFB inventory is either in the manageable range or approaching that level.
The MIA mediators demonstrated the most marked 2007-08 decrease in the average days between PFB filing andthe first mediation. The effort and commitment that these decreases illustrate is obvious, and continued improvement isanticipated in the coming fiscal year. Also notable is the significant trial volumes in each of the MIA districts. Theaverage days from PFB filing to trial continue to be above the statewide average. This is particularly notable in JudgeHarnage's division in which multiple cases had to be tried over due to Judge Harnage's predecessor's failure to enter finalorders on concluded trials that occurred prior to Judge Harnage's.appointment. The retrial of these cases is a significantburden on that division, just as such situations markedly affected Judge Hill's efforts in the years immediately followinghis appointment. Of particular note however, Judges Kuker, Hill, and Medina-Shore each averaged less than the statewideaverage (37) and less than the statutory period (30) for their average of days between trial and entry of the trial order. Ineach instance, this demonstrated a marked improvement from 2006-07.
Despite significant assistance with settlement and fee stipulation motions by other Judges (including Spangler,Sturgis, Murphy, Jenkins, Lorenzen, Remsnyder, Hafner, Roesch, Winn, Lazarra, and Terlizzese), the MIAjudges stilleach considered significant volumes of such motions. Despite these volumes, the timeliness of orders entered wassignificant in most instances.
District MIA evidences significantly higher volumes of stipulation orders, "other orders" and "other hearings"than the statewide average. Some volume of this "other hearing" disparity is likely attributable to the MIA practice ofscheduling "time-certain" hearings on procedural motions. Many of the other divisions utilize an open motion calendar,in which motions are presented without any hearing being scheduled in the JCC Application.
The following graph depicts the volume of PFBs filed in this district during 2002-03 (black), 2006-07 (blue) and 2007-08(red) for each Judge in the district. Viewed in monochrome, the columns are in that order left to right.
7000 -
6000
5000 -
. 4000
3000 -
2000
1000 -
0
State Average Hill, Charles Harnage, Henry Medina-Shore, Kuker, A an Castiello, GerardoSylvia
m2002-03 m2006-07 m2007-08
Page 101 of 176 (return to Table of Contents) 2008 OJCC Annual Report
The following graph depicts the volume of new cases filed in this district during 2002-03 (black), 2006-07 (blue) and2007-08 (red) for each Judge in the district. Viewed in monochrome, the columns are in that order left to right.
2000 -
1500 -
1000 -
500
B El II
State Average Hill, Charles Harnage, Henry Kuker, Alan Medina-Shore, SylviaCastiello, Gerardom2002-03 m2006-07 m2007-08
The following graph depicts the volume of PFBs closed in this district during 2002-03 (black), 2006-07 (blue) and 2007-08 (red) for each Judge in the district. Viewed in monochrome, the columns are in that order left to right.
14000 - gg
*tME
R12000
10000
EM
8000
6000 -
4000
2000
ER . GRWLEfSFR
0 ----.State Average Harnage, Henry Medina-Shore, Kuker, Alan Hill, Charles Castiello, Gerardo
SylviaE2002-03 B2006-07 m2007-08
Page 102 of 176 (return to Table of Contents) 2008 OJCC Annual Report
I 0�040