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Filing # 179398104 E-Filed 08/10/2023 03:56:38 PM
111650-12
IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM
BEACH COUNTY, FLORIDA
MARIA DOWNS, CIRCUIT CIVIL DIVISION
Plaintiff, CASE NO. 2023-CA-004509
vs.
RACQUEL ORLIS OCTAVIA
EDWARDS.
Defendant.
____________________________/
DEFENDANT’S MOTION TO TRANSFER AND CONSOLIDATE
Defendant, Racquel Orlis Octavia Edwards, by and through the undersigned counsel, pursuant
to Administrative Order 2.302-9/08, and Florida Rules of Civil Procedure 1.270, hereby brings this
Motion to transfer and consolidate. Defendant respectfully requests to transfer this case, Case No.
2023-CA-004509 (“Subsequent Action”), from division AE to division AK, and to consolidate this
Subsequent Action with Case No. 2023-CA-004386 (“Initial Action”) currently pending before the
Honorable Judge Richard L. Oftedal, for purposes of both discovery and trial. In support thereof, the
Defendant states as follows:
1. The Initial Action is styled Winston Gregorio Downs as parent and natural guardian of
Nephthali Downs, a minor v. Racquel Orlis Octavia Edwards, and is presently assigned to Division
AK.
2. The Subsequent Action is styled Maria Downs v. Racquel Orlis Octavia Edwards, and is
presently assigned to Division AE.
3. The aforementioned cases are both pending in Palm Beach County, are based on the same
accident, involve the same claims and questions of law, have the same Defendant, and share the same
*** FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 08/10/2023 03:56:38 PM ***
CASE NO. 2023-CA-004509
witnesses and parties with knowledge of the motor vehicle accident that occurred on July 10, 2022.
Accordingly, this Subsequent Action should be transferred to Division AK and consolidated with the
Initial Action, the first filed with the lower case number (in compliance with Local Admin. Order 2.302-
9.08).
4. Fla. R. Civ. P. 1.270(a) states:
"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 or all the 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."
5. In deciding whether to consolidate cases, a trial court must consider: (1) whether the trial process
will be accelerate due to the consolidation; (2) whether unnecessary costs and delays can be avoided by
the consolidation; (2) whether unnecessary costs and delays can be avoided by consolidation (3) whether
there is the possibility of inconsistent results; (4) whether consolidation would eliminate duplicative
trials that involve substantially the same core of operative facts and questions of law; and (5) whether
consolidation would deprive a party of a substantive right. State Farm Insurance Company v. Bonham,
886 So. 2d 1072, 1077 (Fla. 5th DCA 2004).
6. The application of Rule 1.270(a) of Florida Rules of Civil Procedure and the factors set forth
above to the present case makes clear that consolidation of the actions is warranted.
7. Moreover, both actions are at the initial discovery state of the proceedings and will involved the
same documents, the same depositions, and the same fact and opinion testimony at trial. As such,
consolidating these cases for all purposes will prevent unnecessary and duplicative costs, as well as
delays for all parties litigating these actions, and serve the interest of judicial economy and
administration.
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CASE NO. 2023-CA-004509
8. Additionally, no party would be deprived of any substantive right as a result of the consolidation
of the actions.
9. Counsel for the Defendant has attempted to confer in good faith with Plaintiff's Counsel
regarding this motion in an effort to come to an agreement without court action.
WHEREFORE, the Defendant respectfully requests this Honorable Court enter an order
transferring this case, Case No. 2023-CA-004432, from division AF to division AK, and consolidating
Case No. 2023-CA-004432 with Case No. 2023-CA-004386 currently pending before the Honorable
Judge Richard L. Oftedal, for purposes of both discovery and trial.
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a copy hereof has been electronically served via Florida
ePortal to: Lake H. Lytal III, Esquire, tlytal@foryourrights.com; cwilkinson@foryourrights.com;
on this 10th day of August, 2023.
/s/ Robert M. O'Malley
Robert M. O'Malley, Esquire
Florida Bar No. 15577
WICKER SMITH O'HARA MCCOY & FORD, P.A.
Attorneys for Racquel Orlis Octavia Edwards
515 E. Las Olas Boulevard
SunTrust Center, Suite 1400
Ft. Lauderdale, FL 33301
Phone: (954) 847-4800
Fax: (954) 760-9353
ftlcrtpleadings@wickersmith.com
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Preview
Filing # 179398104 E-Filed 08/10/2023 03:56:38 PM 111650-12 IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA MARIA DOWNS, CIRCUIT CIVIL DIVISION Plaintiff, CASE NO. 2023-CA-004509 vs. RACQUEL ORLIS OCTAVIA EDWARDS. Defendant. ____________________________/ DEFENDANT’S MOTION TO TRANSFER AND CONSOLIDATE Defendant, Racquel Orlis Octavia Edwards, by and through the undersigned counsel, pursuant to Administrative Order 2.302-9/08, and Florida Rules of Civil Procedure 1.270, hereby brings this Motion to transfer and consolidate. Defendant respectfully requests to transfer this case, Case No. 2023-CA-004509 (“Subsequent Action”), from division AE to division AK, and to consolidate this Subsequent Action with Case No. 2023-CA-004386 (“Initial Action”) currently pending before the Honorable Judge Richard L. Oftedal, for purposes of both discovery and trial. In support thereof, the Defendant states as follows: 1. The Initial Action is styled Winston Gregorio Downs as parent and natural guardian of Nephthali Downs, a minor v. Racquel Orlis Octavia Edwards, and is presently assigned to Division AK. 2. The Subsequent Action is styled Maria Downs v. Racquel Orlis Octavia Edwards, and is presently assigned to Division AE. 3. The aforementioned cases are both pending in Palm Beach County, are based on the same accident, involve the same claims and questions of law, have the same Defendant, and share the same *** FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 08/10/2023 03:56:38 PM *** CASE NO. 2023-CA-004509 witnesses and parties with knowledge of the motor vehicle accident that occurred on July 10, 2022. Accordingly, this Subsequent Action should be transferred to Division AK and consolidated with the Initial Action, the first filed with the lower case number (in compliance with Local Admin. Order 2.302- 9.08). 4. Fla. R. Civ. P. 1.270(a) states: "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 or all the 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." 5. In deciding whether to consolidate cases, a trial court must consider: (1) whether the trial process will be accelerate due to the consolidation; (2) whether unnecessary costs and delays can be avoided by the consolidation; (2) whether unnecessary costs and delays can be avoided by consolidation (3) whether there is the possibility of inconsistent results; (4) whether consolidation would eliminate duplicative trials that involve substantially the same core of operative facts and questions of law; and (5) whether consolidation would deprive a party of a substantive right. State Farm Insurance Company v. Bonham, 886 So. 2d 1072, 1077 (Fla. 5th DCA 2004). 6. The application of Rule 1.270(a) of Florida Rules of Civil Procedure and the factors set forth above to the present case makes clear that consolidation of the actions is warranted. 7. Moreover, both actions are at the initial discovery state of the proceedings and will involved the same documents, the same depositions, and the same fact and opinion testimony at trial. As such, consolidating these cases for all purposes will prevent unnecessary and duplicative costs, as well as delays for all parties litigating these actions, and serve the interest of judicial economy and administration. -2- CASE NO. 2023-CA-004509 8. Additionally, no party would be deprived of any substantive right as a result of the consolidation of the actions. 9. Counsel for the Defendant has attempted to confer in good faith with Plaintiff's Counsel regarding this motion in an effort to come to an agreement without court action. WHEREFORE, the Defendant respectfully requests this Honorable Court enter an order transferring this case, Case No. 2023-CA-004432, from division AF to division AK, and consolidating Case No. 2023-CA-004432 with Case No. 2023-CA-004386 currently pending before the Honorable Judge Richard L. Oftedal, for purposes of both discovery and trial. CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a copy hereof has been electronically served via Florida ePortal to: Lake H. Lytal III, Esquire, tlytal@foryourrights.com; cwilkinson@foryourrights.com; on this 10th day of August, 2023. /s/ Robert M. O'Malley Robert M. O'Malley, Esquire Florida Bar No. 15577 WICKER SMITH O'HARA MCCOY & FORD, P.A. Attorneys for Racquel Orlis Octavia Edwards 515 E. Las Olas Boulevard SunTrust Center, Suite 1400 Ft. Lauderdale, FL 33301 Phone: (954) 847-4800 Fax: (954) 760-9353 ftlcrtpleadings@wickersmith.com -3-