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RICHARD MARR, SR., Appellant(s) v. LAWNWOOD MEDICAL CENTER, INC. d/b/a LAWNWOOD REGIONAL MEDICAL CENTER & HEART INSTITUTE, Appellee(s).
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4D2024-1892
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2024-07-24
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Closed
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| Classification |
NOA Final - Circuit Civil - Other
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| Court |
4th District Court of Appeal
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| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County
562021CA001682
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Parties
| Name |
Richard Marr, Sr.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
LAWNWOOD MEDICAL CENTER, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Adam W Rhys, Alyssa Mara Reiter
|
|
| Name |
Hon. Brett Michael Waronicki
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
St. Lucie Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-11-01
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORDERED sua sponte that the above-styled case is dismissed for lack of prosecution. Further,
ORDERED that appellee's November 1, 2024 motion to dismiss is denied as moot.
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| View |
View File
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| Docket Date |
2024-11-01
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| Type |
Motions Other
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| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
|
| Docket Date |
2024-08-19
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| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal --584 Pages
|
| On Behalf Of |
St. Lucie Clerk
|
|
| Docket Date |
2024-08-05
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| Type |
Misc. Events
|
| Subtype |
Determination of Indigency/LT Order Insolvency
|
| Description |
Determination of Indigency/LT Order Insolvency
|
| On Behalf Of |
St. Lucie Clerk
|
|
| Docket Date |
2024-07-30
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
|
| Docket Date |
2024-07-24
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
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| View |
View File
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|
| Docket Date |
2024-07-24
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| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
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|
| Docket Date |
2024-12-23
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORDERED sua sponte that Appellant's December 20, 2024 notice of filing is stricken as unauthorized as the case is closed, without prejudice to filing a motion for reinstatement.
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| View |
View File
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| Docket Date |
2024-12-20
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| Type |
Misc. Events
|
| Subtype |
Determination of Indigency/LT Order Insolvency
|
| Description |
Determination of Indigency/LT Order Insolvency
|
| On Behalf Of |
St. Lucie Clerk
|
|
| Docket Date |
2024-12-20
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| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing
|
|
| Docket Date |
2024-10-16
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| Type |
Order
|
| Subtype |
Show Cause for Brief or Record on Appeal
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| Description |
ORDERED that Appellant in the above-styled case is directed to show cause in writing, if any there be, on or before October 26, 2024, why the above-styled case should not be dismissed for lack of timely prosecution, in that Appellant's initial brief has not been filed with this court as of the date of this order. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief is filed within this time, the order to show cause will be considered automatically discharged without further order.
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| View |
View File
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| Docket Date |
2024-07-24
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| Description |
The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2023), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY. ORDERED, Appellant shall pay the $300.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of the entry of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal - see the court's website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. If Appellant has already been found indigent for purposes of proceedings in the lower tribunal, in this case, Appellant shall file a copy of that order in this court. If Appellant does not have an order or a determination of indigent status and believes that he or she is insolvent, Appellant shall complete the enclosed application and mail to the clerk of the lower tribunal within fifteen (15) days from the date of this order. A Notice of Compliance that you have applied for indigent status, must also be filed with this court. The clerk of the lower tribunal shall forward the Clerk's Determination to this court within ten (10) days of receipt. Failure of Appellant to comply with this order will result in the dismissal of this appeal. **NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a lower tribunal clerk's determination of indigent status is filed.
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| View |
View File
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LAWNWOOD HEALTHCARE SPECIALISTS, LLC d/b/a LAWNWOOD TRAUMA SURGEONS, et al., Appellant(s) v. GWENDOLYN ROUSE, as Personal Representative of the ESTATE OF MARLEANA ROUSE, Deceased, et al., Appellee(s)
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4D2022-2637
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2022-09-30
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Closed
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| Classification |
NOA Final - Circuit Civil - Other
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| Court |
4th District Court of Appeal
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| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County
562020CA000082
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Parties
| Name |
LAWNWOOD MEDICAL CENTER, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
LAWNWOOD HEALTHCARE SPECIALISTS, LLC
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| Role |
Appellant
|
| Status |
Active
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| Representations |
Raoul G. Cantero, III, Jason M. Azzarone, Torri Macarages, Alyssa Mara Reiter, Sara E. Cendejas
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|
| Name |
Patrick Regan, D.O.
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| Role |
Appellant
|
| Status |
Active
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|
| Name |
Lawnwood Trauma Surgeons
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| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Lawnwood Regional Medical Center and Heart Institute
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| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Joseph Katta, M.D., P.A.
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| Role |
Appellee
|
| Status |
Active
|
| Representations |
Reed Wesley Kellner
|
|
| Name |
JFK MEDICAL CENTER LIMITED PARTNERSHIP
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| Role |
Appellee
|
| Status |
Active
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|
| Name |
Gwendolyn Rouse
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| Role |
Appellee
|
| Status |
Active
|
| Representations |
Christopher J. Schulte, Jennifer K. Thomas, Kara Rockenbach Link, Michael V. Baxter, Daniel Marc Schwarz
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|
| Name |
Jason Moore M.D.
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| Role |
Appellee
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| Status |
Active
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|
| Name |
JFK Medical Center
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| Role |
Appellee
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| Status |
Active
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|
| Name |
Kayade Olowe M.D.
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| Role |
Appellee
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| Status |
Active
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|
| Name |
Digestive Disease Centers of the Palm Beaches
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| Role |
Appellee
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| Status |
Active
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|
| Name |
Kyron Tamar M.D.
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| Role |
Appellee
|
| Status |
Active
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|
| Name |
PALM BEACH GENERAL SURGERY, LLC
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| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Joseph Katta M.D.
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| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Laurie E. Buchanan
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
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|
| Name |
Clerk - St. Lucie
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Estate of Marleana Rouse, Deceased
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| Role |
Appellee
|
| Status |
Active
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|
| Name |
LOCUMTENENS.COM, LLC
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| Role |
Appellee
|
| Status |
Active
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Docket Entries
| Docket Date |
2023-06-27
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| Type |
Disposition by Order
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| Subtype |
Denied
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| Description |
Order Denying Petition for Writ - Certiorari ~ ORDERED that, having considered the response and reply to this Court’s order to show cause, this Court determines that it has jurisdiction over the partial final judgment in 4D22-2637 as to both Lawnwood Regional Medical Center, Inc. and Patrick Regan, D.O. Accordingly, the petition for writ of certiorari in case 4D22-2630 is denied.DAMOORGIAN, CONNER and KUNTZ, JJ., concur.
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| Docket Date |
2022-10-10
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| Type |
Order
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| Subtype |
Order on Motion to Relinquish Jurisdiction
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| Description |
Order Granting Relinquishment of Jurisdiction ~ ORDERED that the October 7, 2022 motion of Alyssa Reiter, Esq. and the law firm of Wicker Smith O’Hara Mccoy & Ford P.A., counsel for appellants, to withdraw as counsel is granted. This Court notes that attorney Jason M. Azzarone and La Cava Jacobson & Goodis, P.A. will continue to represent appellants in the above-styled case. Further, ORDERED that appellants’ October 6, 2022 motion to relinquish jurisdiction is granted. The trial court may rule on the motion to vacate that was filed below. This appeal is stayed pending further order of this Court. Appellants shall file a status report within thirty (30) days of this order and every thirty (30) days thereafter as necessary and promptly file a notice with this Court advising when the motion to vacate has been resolved.
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| Docket Date |
2024-10-30
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| Type |
Mandate
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| Subtype |
Mandate
|
| Description |
Mandate
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| View |
View File
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| Docket Date |
2024-10-14
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| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
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| Description |
ORDERED that Appellants' July 18, 2024 motion for rehearing or certification is denied.
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| View |
View File
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| Docket Date |
2024-10-14
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| Type |
Misc. Events
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| Subtype |
West Publishing
|
| Description |
West Publishing
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|
| Docket Date |
2024-08-02
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| Type |
Response
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| Subtype |
Response
|
| Description |
Appellee's Response in Opposition to Appellants' Motion for Rehearing or Certification
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| On Behalf Of |
Gwendolyn Rouse
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|
| Docket Date |
2024-07-19
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| Type |
Post-Disposition Motions
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| Subtype |
Motion for Rehearing
|
| Description |
Motion for Rehearing
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|
| Docket Date |
2024-01-19
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| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
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| Description |
**OA RESCHEDULED TO APRIL 16, 2024** Order on Motion/Request for Oral Argument
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| View |
View File
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| Docket Date |
2023-12-06
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| Type |
Motion
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| Subtype |
Request-Oral Argument
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| Description |
Request for Oral Argument
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| View |
View File
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|
| Docket Date |
2023-12-06
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| Type |
Brief
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| Subtype |
Reply Brief
|
| Description |
Reply Brief
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| On Behalf Of |
Lawnwood Healthcare Specialists, LLC
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| View |
View File
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| Docket Date |
2023-11-13
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| Type |
Response
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| Subtype |
Response
|
| Description |
Response to Appellee's Motion for Attorney's Fees
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| On Behalf Of |
Lawnwood Healthcare Specialists, LLC
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|
| Docket Date |
2023-11-09
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| Type |
Order
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| Subtype |
Order on Agreed Extension of Time
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| Description |
15 DAYS TO 12/05/2023.
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|
| Docket Date |
2023-11-09
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| Type |
Notice
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| Subtype |
Notice of Agreed Extension of Time - Reply Brief
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| Description |
Notice of Agreed Extension of Time - Reply Brief
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| On Behalf Of |
Lawnwood Healthcare Specialists, LLC
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|
| Docket Date |
2023-11-06
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| Type |
Order
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| Subtype |
Order on Motion for Extension of Time to File Response
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| Description |
Order on Motion for Extension of Time to File Response
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| View |
View File
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| Docket Date |
2023-11-04
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to File Response
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| Description |
Unopposed Motion for an Enlargement of Time to Respond to Appellee's Motion for Appellate Attorneys' Fees
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| On Behalf Of |
Lawnwood Healthcare Specialists, LLC
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| Docket Date |
2023-10-19
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| Type |
Brief
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| Subtype |
Answer Brief
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| Description |
Answer Brief
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| On Behalf Of |
Gwendolyn Rouse
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| View |
View File
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| Docket Date |
2023-10-19
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| Type |
Motions Relating to Attorney Fees/Costs
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| Subtype |
Motion For Attorney's Fees
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| Description |
Motion For Attorney's Fees (Response filed 11/13/2023)
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| On Behalf Of |
Gwendolyn Rouse
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|
| Docket Date |
2023-10-19
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| Type |
Motion
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| Subtype |
Request-Oral Argument
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| Description |
Request for Oral Argument
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| On Behalf Of |
Gwendolyn Rouse
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| View |
View File
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| Docket Date |
2023-10-13
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| Type |
Order
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| Subtype |
Order on Agreed Extension of Time
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| Description |
7 DAYS TO 10/23/2023.
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|
| Docket Date |
2023-10-13
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| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
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| Description |
Notice of Agreed Extension of Time - Answer Brief
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| On Behalf Of |
Gwendolyn Rouse
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|
| Docket Date |
2023-10-05
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| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Record
|
| On Behalf Of |
Gwendolyn Rouse
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|
| Docket Date |
2023-10-05
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| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
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| Description |
Order - Supplement Record with Submitted Material
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| View |
View File
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| Docket Date |
2023-10-04
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| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement Record
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|
| Docket Date |
2023-10-04
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| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
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| Description |
10 DAYS TO 10/16/2023.
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|
| Docket Date |
2023-10-04
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| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension of Time - Answer Brief
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| On Behalf Of |
Gwendolyn Rouse
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|
| Docket Date |
2023-09-15
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| Type |
Record
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| Subtype |
Supplemental Record
|
| Description |
Supplemental Record - 37 Pages
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| On Behalf Of |
Clerk - St. Lucie
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|
| Docket Date |
2023-09-14
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| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Order on Motion to Supplement Record
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| View |
View File
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| Docket Date |
2023-09-07
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| Type |
Response
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| Subtype |
Response
|
| Description |
Response ~ IN OPPOSITION TO APPELLANTS' MOTION TO SUPPLEMENT THE RECORD ON APPEAL
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| On Behalf Of |
Gwendolyn Rouse
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|
| Docket Date |
2023-09-05
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| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Lawnwood Healthcare Specialists, LLC
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| View |
View File
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|
| Docket Date |
2023-09-01
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| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records
|
| On Behalf Of |
Lawnwood Healthcare Specialists, LLC
|
|
| Docket Date |
2023-09-01
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| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
Lawnwood Healthcare Specialists, LLC
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|
| Docket Date |
2023-06-30
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| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 60 DAYS TO 09/05/2023.
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|
| Docket Date |
2023-06-27
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| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Lawnwood Healthcare Specialists, LLC
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|
| Docket Date |
2023-05-05
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| Type |
Record
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| Subtype |
Record on Appeal
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| Description |
Received Records ~ 344 PAGES
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| On Behalf Of |
Clerk - St. Lucie
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|
| Docket Date |
2023-05-01
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| Type |
Order
|
| Subtype |
Order re Stay
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| Description |
Stay is lifted, case to proceed ~ ORDERED that, having considered the April 26, 2023 status report, appellee’s April 11, 2023 motion is granted. The relinquishment of jurisdiction and stay of this proceeding is lifted.
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| Docket Date |
2023-04-26
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| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Lawnwood Healthcare Specialists, LLC
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|
| Docket Date |
2023-04-13
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| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ SUPPLEMENTAL APPENDIX
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| On Behalf Of |
Gwendolyn Rouse
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|
| Docket Date |
2023-04-11
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| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
Gwendolyn Rouse
|
|
| Docket Date |
2023-04-11
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ APPELLEE'S MOTION TO END RELINQUISHMENT AND REINSTATE APPEAL AND LIFT APPELLATE STAYS
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| On Behalf Of |
Gwendolyn Rouse
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|
| Docket Date |
2023-04-10
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| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF COMPLIANCE REGARDING APPELLANTS' MOTION TO RELINQUISH JURISDICTION
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| On Behalf Of |
Lawnwood Healthcare Specialists, LLC
|
|
| Docket Date |
2023-04-04
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Gwendolyn Rouse
|
|
| Docket Date |
2023-03-31
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Lawnwood Healthcare Specialists, LLC
|
|
| Docket Date |
2023-02-23
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ SUPPLEMENTAL
|
| On Behalf Of |
Lawnwood Healthcare Specialists, LLC
|
|
| Docket Date |
2023-02-10
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ REGARDING APPELLANT'S MOTION TO RELINQUISH JURISDICTION
|
| On Behalf Of |
Lawnwood Healthcare Specialists, LLC
|
|
| Docket Date |
2023-01-10
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF COMPLIANCE REGARDING APPELLANT'S MOTION TO RELINQUISH JURISDICTION
|
| On Behalf Of |
Lawnwood Healthcare Specialists, LLC
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|
| Docket Date |
2022-12-12
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Lawnwood Healthcare Specialists, LLC
|
|
| Docket Date |
2022-11-23
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Lawnwood Healthcare Specialists, LLC
|
|
| Docket Date |
2022-11-22
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order to File Status Report ~ ORDERED that appellants are directed to file a status report, within ten (10) days from the date of this order, regarding the disposition of the pending motion in the trial court.
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|
| Docket Date |
2022-10-07
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
Lawnwood Healthcare Specialists, LLC
|
|
| Docket Date |
2022-10-06
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar Case Pending
|
| On Behalf Of |
Lawnwood Healthcare Specialists, LLC
|
|
| Docket Date |
2022-10-06
|
| Type |
Motions Other
|
| Subtype |
Motion To Relinquish Jurisdiction
|
| Description |
Motion To Relinquish Jurisdiction
|
| On Behalf Of |
Lawnwood Healthcare Specialists, LLC
|
|
| Docket Date |
2022-10-04
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Lawnwood Healthcare Specialists, LLC
|
|
| Docket Date |
2022-10-03
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-09-30
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-09-30
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Lawnwood Healthcare Specialists, LLC
|
|
| Docket Date |
2023-06-30
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ CORRECTED
|
| On Behalf Of |
Lawnwood Healthcare Specialists, LLC
|
|
| Docket Date |
2024-01-26
|
| Type |
Order
|
| Subtype |
Order Rescheduling Oral Argument
|
| Description |
Order Rescheduling Oral Argument
|
| View |
View File
|
|
| Docket Date |
2024-01-19
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion For Continuation of Oral Argument
|
| Description |
Appellants' Motion to Reschedule Oral Argument
|
|
| Docket Date |
2024-07-03
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
ORDERED that Appellee Gwendolyn Rouse, as Personal Representative of the Estate of Marleana Rouse's October 19, 2023 motion for appellate attorney's fees is granted conditioned on the trial court determining that Appellee is entitled to fees under section 768.79, Florida Statutes (2023), and if so, setting the amount of the attorney's fees to be awarded for this appellate case. If a motion for rehearing is filed in this court, then services rendered in connection with the motion, including, but not limited to, preparation of a responsive pleading, shall be taken into account in computing the amount of the fee.
|
| View |
View File
|
|
| Docket Date |
2024-07-03
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed; Conflict Certified - En Banc
|
| View |
View File
|
|
| Docket Date |
2024-06-24
|
| Type |
Notice
|
| Subtype |
Notice of Designation of E-mail Address
|
| Description |
Defendants' Amended Designation of E-Mail Addresses for Service of Pleadings by Electronic Mail
|
| On Behalf Of |
Joseph Katta, M.D., P.A.
|
|
| Docket Date |
2024-06-24
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Filing
|
| View |
View File
|
|
| Docket Date |
2024-06-21
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Joseph Katta, M.D., P.A.
|
|
| Docket Date |
2024-06-20
|
| Type |
Order
|
| Subtype |
Case to be Determined En Banc
|
| Description |
Case to be Determined En Banc
|
| View |
View File
|
|
| Docket Date |
2022-10-03
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a lower tribunal clerk's determination of indigent status is filed.
|
|
|
|
LAWNWOOD MEDICAL CENTER, INC., et al. VS GWENDOLYN ROUSE, et al.
|
4D2022-2630
|
2022-09-30
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County
562020CA000082
|
Parties
| Name |
LAWNWOOD MEDICAL CENTER, INC.
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Louis J. La Cava, Sara E. Cendejas, Alyssa Reiter, Torri Macarages, Jason M. Azzarone, Raoul G. Cantero
|
|
| Name |
Lawnwood Regional Medical Center and Heart Institute
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Gwendolyn Rouse
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Christopher J. Schulte, Michael V. Baxter, Jennifer K. Thomas, Kara Rockenbach Link
|
|
| Name |
LAWNWOOD HEALTHCARE SPECIALISTS, LLC
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Digestive Disease Centers of the Palm Beaches
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
PALM BEACH GENERAL SURGERY, LLC
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Estate of Marleana Rouse, Deceased
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
JFK MEDICAL CENTER LIMITED PARTNERSHIP
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Kayode Olowe, M.D.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Kyron Tamar, M.D.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Joseph Katta, M.D.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Jason Moore, M.D.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
JFK Medical Center
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
LOCUMTENENS.COM, LLC
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Patrick Regan, D.O.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Hon. Laurie E. Buchanan
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - St. Lucie
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-10-04
|
| Type |
Order
|
| Subtype |
Show Cause re Petition
|
| Description |
ORD-Writs Show Cause with Reply ~ ORDERED that respondents shall file a response within twenty (20) days and show cause why the petition for writ of certiorari should not be granted. Petitioners may file a reply within ten (10) days of service of the response.
|
|
| Docket Date |
2022-09-30
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Writ of Certiorari / Acknowledgment letter
|
|
| Docket Date |
2022-09-30
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-09-29
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
|
| Docket Date |
2022-09-29
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition ~ *FILING FEE PAID ELECTRONICALLY
|
|
| Docket Date |
2022-09-29
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed ~ *FILING FEE PAID ELECTRONICALLY
|
| On Behalf Of |
Lawnwood Medical Center, Inc.
|
|
| Docket Date |
2022-10-06
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Lawnwood Medical Center, Inc.
|
|
| Docket Date |
2023-06-27
|
| Type |
Disposition
|
| Subtype |
Denied
|
| Description |
Denied - Order by Judge
|
|
| Docket Date |
2023-06-27
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
Order Denying Petition for Writ - Certiorari ~ ORDERED that, having considered the response and reply to this Court’s order to show cause, this Court determines that it has jurisdiction over the partial final judgment in 4D22-2637 as to both Lawnwood Regional Medical Center, Inc. and Patrick Regan, D.O. Accordingly, the petition for writ of certiorari in case 4D22-2630 is denied.DAMOORGIAN, CONNER and KUNTZ, JJ., concur.
|
|
| Docket Date |
2023-06-22
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Response
|
| On Behalf Of |
Lawnwood Medical Center, Inc.
|
|
| Docket Date |
2023-06-21
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Lawnwood Medical Center, Inc.
|
|
| Docket Date |
2023-05-30
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Reply to Response
|
| Description |
Grant EOT to Reply to Response ~ ORDERED that petitioners’ May 25, 2023 motion for extension of time is granted and the time for filing a reply to the response is extended to June 22, 2023.
|
|
| Docket Date |
2023-05-25
|
| Type |
Motions Extensions
|
| Subtype |
Motion Extension of Time To Reply To Response
|
| Description |
Motion Extension of TimeTo Reply To Response
|
| On Behalf Of |
Lawnwood Medical Center, Inc.
|
|
| Docket Date |
2023-05-22
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause
|
| On Behalf Of |
Gwendolyn Rouse
|
|
| Docket Date |
2023-05-22
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
Gwendolyn Rouse
|
|
| Docket Date |
2023-05-16
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT to file Response ~ ORDERED that respondents’ May 16, 2023 motion for extension of time is granted. The time for filing a response is extended to May 30, 2023.
|
|
| Docket Date |
2023-05-16
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
| On Behalf Of |
Gwendolyn Rouse
|
|
| Docket Date |
2023-04-27
|
| Type |
Order
|
| Subtype |
Show Cause re Petition
|
| Description |
ORD-Writs Show Cause with Reply ~ ORDERED that, having considered the April 26, 2023 status report, respondent’s April 11, 2023 motion to end relinquishment and reinstate appeal is granted. The stay of this proceeding is lifted. Within twenty (20) days of this order, respondents shall file a response and show cause why the petition should not be granted. Petitioner may file a reply within ten (10) days thereafter.
|
|
| Docket Date |
2023-04-26
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Lawnwood Medical Center, Inc.
|
|
| Docket Date |
2023-04-13
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ SUPPLEMENTAL APPENDIX
|
| On Behalf Of |
Gwendolyn Rouse
|
|
| Docket Date |
2023-04-11
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ APPELLEE'S MOTION TO END RELINQUISHMENT AND REINSTATE APPEAL AND LIFT APPELLATE STAYS
|
| On Behalf Of |
Gwendolyn Rouse
|
|
| Docket Date |
2023-04-11
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
Gwendolyn Rouse
|
|
| Docket Date |
2023-04-10
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF COMPLIANCE REGARDING PETITIONER'S MOTION TO STAY PROCEEDINGS
|
| On Behalf Of |
Lawnwood Medical Center, Inc.
|
|
| Docket Date |
2023-04-04
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Gwendolyn Rouse
|
|
| Docket Date |
2023-03-31
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Lawnwood Medical Center, Inc.
|
|
| Docket Date |
2023-03-31
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order to File Status Report ~ ORDERED that petitioner shall file a status report concerning the motion to vacate at issue on or before May 31, 2023.
|
|
| Docket Date |
2023-02-23
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ SUPPLEMENTAL
|
| On Behalf Of |
Lawnwood Medical Center, Inc.
|
|
| Docket Date |
2023-02-10
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ REGARDING PETITIONER'S MOTION TO STAY PROCEEDINGS
|
| On Behalf Of |
Lawnwood Medical Center, Inc.
|
|
| Docket Date |
2023-01-10
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Lawnwood Medical Center, Inc.
|
|
| Docket Date |
2022-12-12
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Lawnwood Medical Center, Inc.
|
|
| Docket Date |
2022-11-23
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Lawnwood Medical Center, Inc.
|
|
| Docket Date |
2022-11-22
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order to File Status Report ~ ORDERED that petitioner has failed to file a status report as required by this Court’s October 10, 2022 order. Petitioner shall file a status report within ten (10) days of this order, or this case will be dismissed.
|
|
| Docket Date |
2022-10-10
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Grant Stay ~ ORDERED that the October 7, 2022 motion of Alyssa Reiter, Esq. and the law firm of Wicker Smith O’Hara Mccoy & Ford P.A., counsel for petitioners, to withdraw as counsel is granted. This Court notes that attorney Jason M. Azzarone and La Cava Jacobson & Goodis, P.A. will continue to represent appellants in the above-styled case. Further, ORDERED that petitioners’ October 6, 2022 motion to stay proceedings is granted. This certiorari proceeding is stayed pending further order of this Court. This Court’s October 4, 2022 order to show cause is vacated. Petitioner shall file a status report regarding the motion to vacate that is pending below within thirty (30) days of this order and every thirty (30) days thereafter as necessary. Petitioner shall promptly file a supplemental appendix containing a copy of the court’s order on the motion to vacate and advise this Court if this proceeding has become moot.
|
|
| Docket Date |
2022-10-07
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
Lawnwood Medical Center, Inc.
|
|
| Docket Date |
2022-10-06
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay
|
| On Behalf Of |
Lawnwood Medical Center, Inc.
|
|
|
|
ANIL DESAI, M.D. VS LAWNWOOD MEDICAL CENTER, INC.
|
SC2017-1493
|
2017-08-09
|
Closed
|
|
| Classification |
Discretionary Review - Notice to Invoke - Direct Conflict of Decisions
|
| Court |
Supreme Court of Florida
|
| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County
562009CA010027AXXXHC
Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County
4D15-4408
|
Parties
| Name |
ANIL DESAI, M.D.
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Abby M. Spears, Richard H. Levenstein, Thomas P. Crapps
|
|
| Name |
LAWNWOOD MEDICAL CENTER, INC.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Dean A. Morande, Michael D. Sloan, Thomas E. Warner
|
|
| Name |
American Medical Association
|
| Role |
Amicus - Petitioner
|
| Status |
Active
|
| Representations |
Mr. Leonard A. Nelson, Mary Thomas, Erin G. Sutton
|
|
| Name |
The Association of American Physicians & Surgeons
|
| Role |
Amicus - Petitioner
|
| Status |
Active
|
| Representations |
Glenn J. Webber
|
|
| Name |
WEST BOCA MEDICAL CENTER, INC.
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
BOCA RATON REGIONAL HOSPITAL, INC.
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
DELRAY MEDICAL CENTER, INC.
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
HMA SANTA ROSA MEDICAL CENTER, LLC
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
d/b/a Cape Canaveral Hospital
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
d/b/a Palm Beach Gardens Medical Center
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
d/b/a St. Mary's Medical Center
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
d/b/a Bayfront Health Punta Gorda
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
d/b/a Lower Keys Medical Center
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
d/b/a Boca Raton Regional Hospital
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
D/B/A WEST BOCA MEDICAL CENTER
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
LAKE SHORE HMA, LLC
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
d/b/a Hialeah Hospital
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
VIERA HOSPITAL, INC.
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
d/b/a Palm Bay Hospital
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
d/b/a Good Samaritan Medical Center
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
d/b/a Shands Starke Regional Medical Center
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
d/b/a Lakewood Ranch Medical Center
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
PORT CHARLOTTE HMA, LLC
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
CORAL GABLES HOSPITAL, INC.
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
d/b/a Delray Medical Center
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
d/b/a Wellington Regional Medical Center
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
d/b/a Venice Regional Bayfront Health
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
NAPLES HMA, LLC
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
LIVE OAK HMA, LLC
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
HERNANDO HMA, LLC
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
d/b/a Munroe Regional Health System
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
Hialeah Hospital, Inc.
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
Osceola SC, LLC
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
GOOD SAMARITAN MEDICAL CENTER, INC.
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
d/b/a Bayfront Health Spring Hill
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
MUNROE HMA HOSPITAL, LLC
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
d/b/a Lake Wales Medical Center
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
HOLMES REGIONAL MEDICAL CENTER, INC.
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
d/b/a Bayfront Health Brooksville
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
LIFEMARK HOSPITALS OF FLORIDA, INC.
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
VENICE HMA, LLC
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
Wellington Regional Medical Center, Inc.
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
LAKE WALES HOSPITAL CORPORATION
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
d/b/a Bayfront Health Port Charlotte
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
d/b/a Palmetto General Hospital
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
d/b/a Shands Lake Shore Regional Medical Center
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
ST. MARY'S MEDICAL CENTER, INC.
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
Manatee Memorial Hospital, LP
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
CAPE CANAVERAL HOSPITAL, INC.
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
Lakewood Ranch Medical Group, LLC
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
PUNTA GORDA HMA, LLC
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
KEY WEST HMA, LLC
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
d/b/a Santa Rosa Medical Center
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
PALM BEACH GARDENS COMMUNITY HOSPITAL, INC.
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
d/b/a Coral Gables Hospital
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
d/b/a Physicians Regional Healthcare System - Collier
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
Hon. Janet C. Croom
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Joseph E. Smith
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
d/b/a Physicians Regional Healthcare System - Pine Ridge
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
PALM BAY HOSPITAL, INC.
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
CITRUS HMA, LLC
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
d/b/a St. Cloud Regional Medical Center
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
d/b/a North Shore Medical Center
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
d/b/a North Okaloosa Medical Center
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
d/b/a Manatee Memorial Hospital
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
d/b/a Seven Rivers Regional Medical Center
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
d/b/a Viera Hospital
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
BAYFRONT HMA MEDICAL CENTER, LLC
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
| Representations |
Mr. Jason A. Coe, Martin B. Goldberg
|
|
| Name |
d/b/a Shands Live Oak Regional Medical Center
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
d/b/a Holmes Regional Medical Center
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
HAINES CITY HMA, LLC
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
CRESTVIEW HOSPITAL CORPORATION
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
North Shore Medical Center, Inc.
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
d/b/a Heart of Florida Regional Medical Center
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
STARKE HMA, LLC
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
d/b/a Bayfront Health St. Petersburg
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-12-28
|
| Type |
Order
|
| Subtype |
Atty Fees GR (Amt by Trial Court - M/O)
|
| Description |
ORDER-ATTY FEES GR (AMT BY TR CT - M/O) ~ Respondent's motion for attorney's fees is granted, the amount to be determined by the trial court. See Fla. R. App. P. 9.400(b).
|
|
| Docket Date |
2018-11-07
|
| Type |
Event
|
| Subtype |
Oral Argument Held
|
| Description |
ORAL ARGUMENT HELD
|
|
| Docket Date |
2019-01-28
|
| Type |
Miscellaneous Document
|
| Subtype |
Publish Full
|
| Description |
PUBLISH FULL
|
| View |
View File
|
|
| Docket Date |
2018-12-28
|
| Type |
Mandate
|
| Subtype |
Mandate Issued
|
| Description |
MANDATE
|
|
| Docket Date |
2018-12-28
|
| Type |
Disposition
|
| Subtype |
Rev Dism Improvidently Granted (OA)
|
| Description |
DISP-REV DISM IMPROVIDENTLY GRANTED (OA) ~ FSC-OPINION: We initially accepted jurisdiction to review the decision of the Fourth District Court of Appeal in Desai v. Lawnwood Medical Center, Inc., 219 So. 3d 869 (Fla. 4th DCA 2017), based on express and direct conflict. See art. V, § 3(b)(3), Fla. Const. Upon further consideration, we exercise our discretion and discharge jurisdiction. It is so ordered.
|
| View |
View File
|
|
| Docket Date |
2018-08-01
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE
|
| On Behalf Of |
ANIL DESAI, M.D.
|
| View |
View File
|
|
| Docket Date |
2018-07-30
|
| Type |
Motion
|
| Subtype |
Oral Argument Reschedule
|
| Description |
MOTION-ORAL ARGUMENT RESCHEDULE
|
| On Behalf Of |
LAWNWOOD MEDICAL CENTER, INC.
|
| View |
View File
|
|
| Docket Date |
2018-07-25
|
| Type |
Order
|
| Subtype |
OA Schedule (Prev Accepted)
|
| Description |
ORDER-OA SCHED (PREV ACCEPTED) ~ The Court previously accepted jurisdiction. The Court will hear oral argument at 9:00 a.m., Wednesday, October 3, 2018.A maximum of twenty minutes to the side is allowed for the argument, but counsel is expected to use only so much of that time as is necessary.NO CONTINUANCES WILL BE GRANTED EXCEPT UPON A SHOWING OF EXTREME HARDSHIP.
|
|
| Docket Date |
2018-07-18
|
| Type |
Motion
|
| Subtype |
Request-Oral Argument
|
| Description |
REQUEST-ORAL ARGUMENT
|
| On Behalf Of |
ANIL DESAI, M.D.
|
| View |
View File
|
|
| Docket Date |
2018-07-18
|
| Type |
Brief
|
| Subtype |
Reply-Merit
|
| Description |
REPLY BRIEF-MERITS
|
| On Behalf Of |
ANIL DESAI, M.D.
|
| View |
View File
|
|
| Docket Date |
2018-07-10
|
| Type |
Motion
|
| Subtype |
Ext of Time (Reply Brief-Merit)
|
| Description |
MOTION-EXT OF TIME (REPLY BRIEF-MERITS)
|
| On Behalf Of |
ANIL DESAI, M.D.
|
| View |
View File
|
|
| Docket Date |
2018-07-02
|
| Type |
Brief
|
| Subtype |
Amicus Curiae Answer
|
| Description |
AMICUS CURIAE ANSWER BRIEF-MERITS ~ BRIEF ON BEHALF OF 36 FLORIDA HOSPITAL FACILITIES AS AMICI CURIAE IN SUPPORT OF RESPONDENT
|
| On Behalf Of |
Bayfront HMA Medical Center, LLC
|
| View |
View File
|
|
| Docket Date |
2018-06-29
|
| Type |
Order
|
| Subtype |
Amicus Curiae
|
| Description |
ORDER-AMICUS CURIAE GR ~ The motion for leave to file brief as amici curiae filed by Bayfront HMA Medical Center, LLC d/b/a Bayfront Health St. Petersburg, et al., is hereby granted and they are allowed to file brief only in support of respondent. The brief by the above referenced amici curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
|
|
| Docket Date |
2018-06-28
|
| Type |
Motion
|
| Subtype |
Amicus Curiae
|
| Description |
MOTION-AMICUS CURIAE
|
| On Behalf Of |
Bayfront HMA Medical Center, LLC
|
| View |
View File
|
|
| Docket Date |
2018-06-26
|
| Type |
Notice
|
| Subtype |
Counsel Substitution
|
| Description |
NOTICE-COUNS SUBSTITUTION ~ JOINT STIPULATION FOR SUBSTITUTION OF COUNSELWITH RESPECT TO LAW FIRM ONLY
|
| On Behalf Of |
ANIL DESAI, M.D.
|
| View |
View File
|
|
| Docket Date |
2018-06-21
|
| Type |
Brief
|
| Subtype |
Answer-Merit
|
| Description |
ANSWER BRIEF-MERITS
|
| On Behalf Of |
LAWNWOOD MEDICAL CENTER, INC.
|
| View |
View File
|
|
| Docket Date |
2018-06-08
|
| Type |
Order
|
| Subtype |
Extension of Time (Merits Brief)
|
| Description |
ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS) ~ Respondent's motion for extension of time is granted, and respondent is allowed to and including June 21, 2018, in which to serve the answer brief on the merits. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.All other times will be extended accordingly.
|
|
| Docket Date |
2018-06-07
|
| Type |
Motion
|
| Subtype |
Toll Time
|
| Description |
MOTION-TOLL TIME
|
| On Behalf Of |
LAWNWOOD MEDICAL CENTER, INC.
|
| View |
View File
|
|
| Docket Date |
2018-04-12
|
| Type |
Miscellaneous Document
|
| Subtype |
Mail Returned
|
| Description |
MAIL RETURNED ~ Placed with file (2/12/18 Order)
|
| On Behalf Of |
American Medical Association
|
| View |
View File
|
|
| Docket Date |
2018-04-10
|
| Type |
Order
|
| Subtype |
Extension of Time (Merits Brief)
|
| Description |
ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS) ~ Respondent's motion for extension of time is granted, and respondent is allowed to and including June 11, 2018, in which to serve the answer brief on the merits. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.All other times will be extended accordingly.
|
|
| Docket Date |
2018-04-09
|
| Type |
Motion
|
| Subtype |
Toll Time
|
| Description |
MOTION-TOLL TIME
|
| On Behalf Of |
LAWNWOOD MEDICAL CENTER, INC.
|
| View |
View File
|
|
| Docket Date |
2018-04-09
|
| Type |
Miscellaneous Document
|
| Subtype |
Mail Returned
|
| Description |
MAIL RETURNED ~ 03/22/2018 ORDER-APPENDIX DUE. Placed w/ file.
|
| On Behalf Of |
American Medical Association
|
| View |
View File
|
|
| Docket Date |
2018-04-03
|
| Type |
Order
|
| Subtype |
Couns Pro Hac Vice (Foreign Counsel)
|
| Description |
ORDER-COUNSEL PRO HAC VICE GR (FOREIGN COUNSEL) ~ The motion to appear pro hac vice filed in the above cause by Leonard A. Nelson, on behalf of American Medical Association, is hereby granted and counsel's payment of the $100.00 fee required by section 25.241(2)(a), Florida Statutes (2015), was received by this Court on April 3, 2018.
|
|
| Docket Date |
2018-03-28
|
| Type |
Brief
|
| Subtype |
Appendix-Merit (Amended)
|
| Description |
APPENDIX-AMENDED-MERIT BRIEF ~ (Must be screened for confidential information)
|
| On Behalf Of |
ANIL DESAI, M.D.
|
| View |
View File
|
|
| Docket Date |
2018-03-28
|
| Type |
Order
|
| Subtype |
Amicus Curiae
|
| Description |
ORDER-AMICUS CURIAE GR ~ The motion for leave to file brief as amicus curiae filed by The American Medical Association is hereby granted and they are allowed to file brief only in support of petitioner. The brief by the above referenced amicus curiae was filed with this Court on March 27, 2018.
|
|
| Docket Date |
2018-03-27
|
| Type |
Brief
|
| Subtype |
Appendix-Merit
|
| Description |
APPENDIX-MERIT BRIEF ~ (Must be screened for confidential information) **Stricken 3/27/18, not properly bookmarked, indexed, and consecutively paginated.**
|
| On Behalf Of |
ANIL DESAI, M.D.
|
| View |
View File
|
|
| Docket Date |
2018-03-27
|
| Type |
Motion
|
| Subtype |
Amicus Curiae
|
| Description |
MOTION-AMICUS CURIAE
|
| On Behalf Of |
American Medical Association
|
| View |
View File
|
|
| Docket Date |
2018-03-27
|
| Type |
Order
|
| Subtype |
Appendix Stricken
|
| Description |
ORDER-APPENDIX STRICKEN ~ Petitioner's appendix does not comply with Florida Rule of Appellate Procedure 9.220 and is hereby stricken. Petition is directed to file, within 5 days from the date of this order, an amended appendix as a separate PDF document. Per rule 9.220, the amended appendix must be properly bookmarked, indexed, and consecutively paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index.
|
|
| Docket Date |
2018-03-22
|
| Type |
Order
|
| Subtype |
Appendix Due
|
| Description |
ORDER-APPENDIX DUE ~ Petitioner's initial brief on the merits was filed with the Court on March 21, 2018, but not accompanied by an appendix pursuant to Florida Rule of Appellate Procedure 9.220. Petitioner is directed, on or before March 27, 2018, to file an appendix. The appendix shall contain an index and a conformed copy of the opinion or order to be reviewed and may contain any other portions of the record and other authorities.
|
|
| Docket Date |
2018-03-21
|
| Type |
Brief
|
| Subtype |
Initial-Merit
|
| Description |
INITIAL BRIEF-MERITS
|
| On Behalf Of |
ANIL DESAI, M.D.
|
| View |
View File
|
|
| Docket Date |
2018-03-19
|
| Type |
Miscellaneous Document
|
| Subtype |
Mail Returned
|
| Description |
MAIL RETURNED ~ **February 12, 2018 order. Sent to corrected address on 3/22/18.**
|
| On Behalf Of |
American Medical Association
|
| View |
View File
|
|
| Docket Date |
2018-03-05
|
| Type |
Miscellaneous Document
|
| Subtype |
Mail Returned
|
| Description |
MAIL RETURNED ~ ***February 12, 2018 order. Sent to corrected address on 3/5/18.***
|
| On Behalf Of |
American Medical Association
|
| View |
View File
|
|
| Docket Date |
2018-02-12
|
| Type |
Motion
|
| Subtype |
Ext of Time (Initial Brief-Merit)
|
| Description |
MOTION-EXT OF TIME (INITIAL BRIEF-MERITS)
|
| On Behalf Of |
ANIL DESAI, M.D.
|
| View |
View File
|
|
| Docket Date |
2018-02-12
|
| Type |
Order
|
| Subtype |
Extension of Time (Merits Brief)
|
| Description |
ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS) ~ Petitioner's motion for extension of time is granted and petitioner is allowed to and including March 21, 2018, in which to serve the initial brief on the merits. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.All other times will be extended accordingly.
|
|
| Docket Date |
2018-02-07
|
| Type |
Record
|
| Subtype |
Record/Transcript
|
| Description |
RECORD/TRANSCRIPT ~ ROA and certified copies of appeal papers (contains confidential portions; filed electronically)
|
|
| Docket Date |
2018-01-29
|
| Type |
Order
|
| Subtype |
Juris Accept/Brief Sched (OA Later Date)
|
| Description |
ORDER-JURIS ACCEPT/BRIEF SCHED (OA LATER DATE) ~ The Court accepts jurisdiction of this case. Petitioner's initial brief on the merits must be served on or before February 19, 2018; respondent's answer brief on the merits must be served twenty days after service of petitioner's initial brief on the merits; and petitioner's reply brief on the merits must be served twenty days after service of respondent's answer brief on the merits.The Clerk of the Fourth District Court of Appeal must file the record which must be properly indexed and paginated on or before March 30, 2018. The Clerk may provide the record in the format as currently maintained at the district court, either paper or electronic. As jurisdiction has been accepted in the above cause, any movant who wishes to follow through on a previously-filed Notice of Intent to Appear as Amicus or Amici Curiae must now proceed in compliance with Florida Rule of Appellate Procedure 9.370.Oral argument will be set by separate order. Counsel for the parties will be notified of the oral argument date approximately sixty days prior to oral argument.
|
|
| Docket Date |
2017-10-23
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ PETITIONER'S RESPONSE IN OPPOSITION TORESPONDENT'S MOTION FOR APPELLATE ATTORNEY'SFEES AND COSTS
|
| On Behalf Of |
ANIL DESAI, M.D.
|
| View |
View File
|
|
| Docket Date |
2017-10-12
|
| Type |
Brief
|
| Subtype |
Juris Answer
|
| Description |
JURIS ANSWER BRIEF
|
| On Behalf Of |
LAWNWOOD MEDICAL CENTER, INC.
|
| View |
View File
|
|
| Docket Date |
2017-09-28
|
| Type |
Motion
|
| Subtype |
Ext of Time (Juris Brief)
|
| Description |
MOTION-EXT OF TIME (JURIS BRIEF)
|
| On Behalf Of |
LAWNWOOD MEDICAL CENTER, INC.
|
| View |
View File
|
|
| Docket Date |
2017-09-26
|
| Type |
Notice
|
| Subtype |
Amicus Curiae Intent to Appear
|
| Description |
NOTICE-AMICUS CURIAE INTENT TO APPEAR
|
| On Behalf Of |
The Association of American Physicians & Surgeons
|
| View |
View File
|
|
| Docket Date |
2017-08-15
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
PAY CASE FILING FEE-300 ~ Amended filing which included fee
|
| On Behalf Of |
ANIL DESAI, M.D.
|
| View |
View File
|
|
| Docket Date |
2017-08-15
|
| Type |
Order
|
| Subtype |
Extension of Time (Juris Brief)
|
| Description |
ORDER-EXT OF TIME GR (JURIS BRIEF-PETITIONER) ~ Petitioner's motion for extension of time is granted, and petitioner is allowed to and including September 11, 2017, in which to serve the brief on jurisdiction. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied. All other times will be extended accordingly.
|
|
| Docket Date |
2017-08-14
|
| Type |
Letter-Case
|
| Subtype |
Acknowledgment Letter-New Case-Pay Fee
|
| Description |
ACKNOWLEDGMENT LETTER-NEW CASE-PAY FEE
|
|
| Docket Date |
2017-08-14
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
PAY CASE FILING FEE-300 ~ Original filing did not include fee.
|
| On Behalf Of |
ANIL DESAI, M.D.
|
| View |
View File
|
|
| Docket Date |
2017-08-14
|
| Type |
Motion
|
| Subtype |
Ext of Time (Juris Brief)
|
| Description |
MOTION-EXT OF TIME (JURIS BRIEF)
|
| On Behalf Of |
ANIL DESAI, M.D.
|
| View |
View File
|
|
| Docket Date |
2017-08-09
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2017-08-09
|
| Type |
Notice
|
| Subtype |
Invoke Discretionary Jurisdiction
|
| Description |
NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT)
|
| On Behalf Of |
ANIL DESAI, M.D.
|
| View |
View File
|
|
| Docket Date |
2017-08-15
|
| Type |
Event
|
| Subtype |
Fee Paid Through Portal
|
| Description |
Fee Paid Through Portal
|
|
| Docket Date |
2017-09-29
|
| Type |
Order
|
| Subtype |
Extension of Time (Juris Brief)
|
| Description |
ORDER-EXT OF TIME GR (JURIS BRIEF-RESPONDENT) ~ Respondent's motion for extension of time is granted, and respondent is allowed to and including October 13, 2017, in which to serve the brief on jurisdiction. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied. All other times will be extended accordingly.CORRECTED ON 9/29/2017
|
|
| Docket Date |
2018-03-29
|
| Type |
Order
|
| Subtype |
Brief Stricken
|
| Description |
ORDER-BRIEF STRICKEN ~ In light of the filing of The Association of American Physicians & Surgeons' amended amicus curiae brief in support of petitioner filed with this Court on March 29, 2018, it is ordered that The Association of American Physicians & Surgeons' amicus curiae brief in support of petitioner filed with this Court on March 28, 2018, is hereby stricken.
|
|
| Docket Date |
2017-10-12
|
| Type |
Motion
|
| Subtype |
Attorney's Fees
|
| Description |
MOTION-ATTORNEYS FEES
|
| On Behalf Of |
LAWNWOOD MEDICAL CENTER, INC.
|
| View |
View File
|
|
| Docket Date |
2018-08-13
|
| Type |
Order
|
| Subtype |
Oral Argument Reschedule
|
| Description |
ORDER-ORAL ARGUMENT RESCHEDULE GR ~ Petitioner's motion to remove the above styled case from the oral argument calendar is hereby denied.Respondent's motion to reschedule oral argument is granted and the above case which was scheduled for oral argument on October 3, 2018, has been rescheduled for oral argument at 9:00 a.m., Wednesday, November 7, 2018. A maximum of twenty minutes to the side is allowed for the argument, but counsel is expected to use only so much of that time as is necessary.
|
|
| Docket Date |
2018-07-11
|
| Type |
Order
|
| Subtype |
Extension of Time (Merits Brief)
|
| Description |
ORDER-EXT OF TIME GR (REPLY BRIEF-MERITS) ~ Petitioner's motion for extension of time is granted and petitioner is allowed to and including July 18, 2018, in which to serve the reply brief on the merits. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.
|
|
| Docket Date |
2018-04-03
|
| Type |
Motion
|
| Subtype |
Couns Pro Hac Vice (Foreign Counsel)
|
| Description |
MOTION-COUNS PRO HAC VICE (FOREIGN COUNSEL) ~ Leonard Nelson (Hand-delivered)
|
| On Behalf Of |
American Medical Association
|
| View |
View File
|
|
| Docket Date |
2018-03-29
|
| Type |
Brief
|
| Subtype |
Amicus Curiae Initial (Amended)
|
| Description |
AMICUS CURIAE INITIAL AMD BRIEF-MERITS
|
| On Behalf Of |
The Association of American Physicians & Surgeons
|
| View |
View File
|
|
| Docket Date |
2018-03-29
|
| Type |
Motion
|
| Subtype |
Amicus Curiae
|
| Description |
MOTION-AMICUS CURIAE
|
| On Behalf Of |
The Association of American Physicians & Surgeons
|
| View |
View File
|
|
| Docket Date |
2017-09-07
|
| Type |
Notice
|
| Subtype |
Amicus Curiae Intent to Appear
|
| Description |
NOTICE-AMICUS CURIAE INTENT TO APPEAR ~ The American Medical Association (the "AMA")
|
| On Behalf Of |
American Medical Association
|
| View |
View File
|
|
| Docket Date |
2017-09-06
|
| Type |
Brief
|
| Subtype |
Juris Initial
|
| Description |
JURIS INITIAL BRIEF
|
| On Behalf Of |
ANIL DESAI, M.D.
|
| View |
View File
|
|
|
|
IRVIN BASIL KELLER, M.D. VS LAWNWOOD MEDICAL CENTER, INC.
|
SC2017-1497
|
2017-08-09
|
Closed
|
|
| Classification |
Discretionary Review - Notice to Invoke - Direct Conflict of Decisions
|
| Court |
Supreme Court of Florida
|
| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County
4D15-4371
Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County
562010CA004571AXXXHC
|
Parties
| Name |
Irvin Basil Keller, M.D.
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Abby M. Spears, Richard H. Levenstein
|
|
| Name |
LAWNWOOD MEDICAL CENTER, INC.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Michael D. Sloan, Dean A. Morande, Thomas E. Warner
|
|
| Name |
Hon. Janet C. Croom
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Joseph E. Smith
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-05-22
|
| Type |
Disposition
|
| Subtype |
Rev DY Lack Juris (Tag)
|
| Description |
DISP-REV DY LACK JURIS (TAG) ~ Having received no response to this Court's order to show cause dated April 23, 2019, the Court has determined that it should decline to accept jurisdiction in this case. See Desai v. Lawnwood Medical Center, Inc., 260 So. 3d 218 (Fla. 2018). The petition for discretionary review is, therefore, denied.Respondent's Motion for Appellate Attorney's Fees and Costs is hereby granted, the amount to be determined by the trial court.No motion for rehearing will be entertained by the Court. See Fla. R. App. P. 9.330(d)(2).
|
|
| Docket Date |
2020-03-18
|
| Type |
Letter-Case
|
| Subtype |
Acknowledgment Letter-Modified-Case Pending
|
| Description |
ACKNOWLEDGMENT LETTER-MODIFIED-CASE PENDING ~ The Florida Supreme Court has received the following documents reflecting a filing date of 3/17/2020.Respondent's Notice Regarding Pending Order to Show CauseIn response to the above notice, please be advised that the above styled case is still pending before this Court.The Florida Supreme Court's case number must be utilized on all pleadings and correspondence filed in this cause.
|
|
| Docket Date |
2020-03-17
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
NOTICE ~ Respondent's Notice Regarding Pending Order to Show Cause
|
| On Behalf Of |
LAWNWOOD MEDICAL CENTER, INC.
|
| View |
View File
|
|
| Docket Date |
2019-04-24
|
| Type |
Order
|
| Subtype |
Other Substantive
|
| Description |
ORDER-OTHER SUBSTANTIVE DY ~ Respondent's "Motion to Lift Stay and Decline Jurisdiction in Accordance with Disposition of Desai v. Lawnwood Regional Medical Center, Case No. SC17-1493," is hereby denied as moot.
|
|
| Docket Date |
2019-04-23
|
| Type |
Order
|
| Subtype |
Show Cause (Tag-Decline Juris)
|
| Description |
ORDER-SHOW CAUSE (TAG-DECLINE JURIS) ~ Petitioner shall show cause on or before May 8, 2019, why in light of this Court's decision to discharge jurisdiction in Desai v. Lawnwood Medical Center, Inc., 260 So. 3d 218 (Fla. 2018), this Court should not decline to accept jurisdiction in this case. Respondent may file a reply on or before May 20, 2019.
|
|
| Docket Date |
2019-03-19
|
| Type |
Motion
|
| Subtype |
Other Substantive
|
| Description |
MOTION-OTHER SUBSTANTIVE ~ RESPONDENT'S MOTION TO LIFT STAY AND DECLINEJURISDICTION IN ACCORDANCE WITH DISPOSITION OF DESAI v.LAWNWOOD REGIONAL MEDICAL CENTER, CASE NO. SC17-1493
|
| On Behalf Of |
LAWNWOOD MEDICAL CENTER, INC.
|
| View |
View File
|
|
| Docket Date |
2018-06-26
|
| Type |
Notice
|
| Subtype |
Counsel Substitution
|
| Description |
NOTICE-COUNS SUBSTITUTION ~ JOINT STIPULATION FOR SUBSTITUTION OF COUNSELWITH RESPECT TO LAW FIRM ONLY
|
| On Behalf Of |
Irvin Basil Keller, M.D.
|
| View |
View File
|
|
| Docket Date |
2018-01-29
|
| Type |
Order
|
| Subtype |
Stay Proceedings FSC (Tag Case)
|
| Description |
ORDER-STAY PROCEEDINGS FSC (TAG CASE) ~ The proceedings in this Court in the above case are hereby stayed pending disposition of Anil Desai, M.D. v. Lawnwood Medical Center, Inc., Case No. SC17-1493, which is pending in this Court.
|
|
| Docket Date |
2017-10-23
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ Petitioner's Response in Opposition to Respondent's Motion for Appellate Attorney's Fees and Costs
|
| On Behalf Of |
Irvin Basil Keller, M.D.
|
| View |
View File
|
|
| Docket Date |
2017-10-12
|
| Type |
Motion
|
| Subtype |
Attorney's Fees
|
| Description |
MOTION-ATTORNEYS FEES ~ Respondent's Motion for Appellate Attorney's Fees and Costs
|
| On Behalf Of |
LAWNWOOD MEDICAL CENTER, INC.
|
| View |
View File
|
|
| Docket Date |
2017-10-12
|
| Type |
Brief
|
| Subtype |
Juris Answer
|
| Description |
JURIS ANSWER BRIEF ~ Respondent's Opposition Brief on Jurisdiction
|
| On Behalf Of |
LAWNWOOD MEDICAL CENTER, INC.
|
| View |
View File
|
|
| Docket Date |
2017-09-29
|
| Type |
Order
|
| Subtype |
Extension of Time (Juris Brief)
|
| Description |
ORDER-EXT OF TIME GR (JURIS BRIEF-RESPONDENT) ~ Respondent's Motion for Extension of Time to Serve Answer Brief on Jurisdiction is granted and respondent is allowed to and including October 12, 2017, in which to serve the jurisdictional answer brief. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.
|
|
| Docket Date |
2017-09-28
|
| Type |
Motion
|
| Subtype |
Toll Time
|
| Description |
MOTION-TOLL TIME ~ Respondent's Unopposed Motion to Toll Briefing Schedule Pending Disposition of Unopposed Motion for Extension of Time to Serve Answer Brief on Jurisdiction
|
| On Behalf Of |
LAWNWOOD MEDICAL CENTER, INC.
|
| View |
View File
|
|
| Docket Date |
2017-09-06
|
| Type |
Brief
|
| Subtype |
Juris Initial
|
| Description |
JURIS INITIAL BRIEF
|
| On Behalf Of |
Irvin Basil Keller, M.D.
|
| View |
View File
|
|
| Docket Date |
2017-08-15
|
| Type |
Order
|
| Subtype |
Extension of Time (Juris Brief)
|
| Description |
ORDER-EXT OF TIME GR (JURIS BRIEF-PETITIONER) ~ Petitioner's motion for extension of time is granted, and petitioner is allowed to and including September 11, 2017, in which to serve the brief on jurisdiction. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied. All other times will be extended accordingly.
|
|
| Docket Date |
2017-08-14
|
| Type |
Event
|
| Subtype |
Fee Paid Through Portal
|
| Description |
Fee Paid Through Portal
|
|
| Docket Date |
2017-08-14
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
PAY CASE FILING FEE-300
|
| On Behalf Of |
Irvin Basil Keller, M.D.
|
| View |
View File
|
|
| Docket Date |
2017-08-14
|
| Type |
Letter-Case
|
| Subtype |
Acknowledgment Letter-New Case-Pay Fee
|
| Description |
ACKNOWLEDGMENT LETTER-NEW CASE-PAY FEE
|
|
| Docket Date |
2017-08-14
|
| Type |
Motion
|
| Subtype |
Ext of Time (Juris Brief)
|
| Description |
MOTION-EXT OF TIME (JURIS BRIEF)
|
| On Behalf Of |
Irvin Basil Keller, M.D.
|
| View |
View File
|
|
| Docket Date |
2017-08-09
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2017-08-09
|
| Type |
Notice
|
| Subtype |
Invoke Discretionary Jurisdiction
|
| Description |
NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT)
|
| On Behalf Of |
Irvin Basil Keller, M.D.
|
| View |
View File
|
|
|
|
HOLLY D. FOSTER and SCOTT J. FOSTER VS LAWNWOOD MEDICAL CENTER, INC.
|
4D2016-3381
|
2016-09-30
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County
562013CA003422 (OC)
|
Parties
| Name |
HOLLY D. FOSTER
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
MICHAEL P. MCSOLEY, PHILIP A. HAAS
|
|
| Name |
SCOTT J. FOSTER
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
LAWNWOOD MEDICAL CENTER, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Adam Williams Rhys, Traci L. Glickman, Alyssa Reiter
|
|
| Name |
Lawnwood Regional Medical Center
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Janet C. Croom
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
HON. ABBY CYNAMON
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - St. Lucie
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2017-09-01
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2017-08-16
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-Denying Rehearing ~ ORDERED that the appellants' August 1, 2017 motion for rehearing, for written opinion and/or certification is denied.
|
|
| Docket Date |
2017-08-16
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2017-08-10
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO APPELLANTS' MOTION FOR REHEARING FOR WRITTEN OPINION AND/OR CERTIFICATION
|
| On Behalf Of |
LAWNWOOD MEDICAL CENTER, INC.
|
|
| Docket Date |
2017-08-01
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing ~ /WRITTEN OPINION *AND/OR* CERTIFICATION
|
| On Behalf Of |
HOLLY D. FOSTER
|
|
| Docket Date |
2017-07-20
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Deny Attorney's Fees ~ ORDERED that the appellants' December 27, 2016 motion for attorney's fees is denied.
|
|
| Docket Date |
2017-07-20
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2017-07-18
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ 4DCA
|
|
| Docket Date |
2017-07-17
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
HOLLY D. FOSTER
|
|
| Docket Date |
2017-05-15
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
ORD-Setting Oral Argument ~ This case is set for Oral Argument on July 18, 2017, at 9:30 A.M. for 15 minutes per side. The court calendars can be viewed on this court's website at HYPERLINK "http://www.4dca.org" www.4dca.org. Attorneys not registered with this court’s eDCA and pro se parties are required to file a "Notice of Receipt of Oral Argument" within ten (10) days from the date of this order, acknowledging they have received this order.
|
|
| Docket Date |
2017-03-21
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken as Unauthorized ~ ORDERED sua sponte that the appellee's March 17, 2017 notice of unavailability is stricken as unauthorized.
|
|
| Docket Date |
2017-03-20
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
HOLLY D. FOSTER
|
|
| Docket Date |
2017-03-17
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ ***STRICKEN AS UNAUTHORIZED 3/21/17 OF UNAVAILABILITY
|
| On Behalf Of |
LAWNWOOD MEDICAL CENTER, INC.
|
|
| Docket Date |
2017-03-10
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order Granting EOT for Appellant's Reply Brief ~ ORDERED that appellant's March 8, 2017 motion for extension of time is granted, and appellant shall serve the reply brief within ten (10) days from the date of this order. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
|
| Docket Date |
2017-03-08
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief
|
| On Behalf Of |
HOLLY D. FOSTER
|
|
| Docket Date |
2017-02-27
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ REDACTED COPY
|
| On Behalf Of |
LAWNWOOD MEDICAL CENTER, INC.
|
|
| Docket Date |
2017-02-21
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ (against Appellant, Scott J. Foster)
|
| On Behalf Of |
LAWNWOOD MEDICAL CENTER, INC.
|
|
| Docket Date |
2017-02-21
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ **IN CONFIDENTIAL FOLDER**
|
| On Behalf Of |
LAWNWOOD MEDICAL CENTER, INC.
|
|
| Docket Date |
2017-02-21
|
| Type |
Notice
|
| Subtype |
Notice of Confidential Information within Court Filing
|
| Description |
Notice of Confidential Information Within Court Filing
|
| On Behalf Of |
LAWNWOOD MEDICAL CENTER, INC.
|
|
| Docket Date |
2017-02-21
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
LAWNWOOD MEDICAL CENTER, INC.
|
|
| Docket Date |
2017-01-31
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ Upon consideration of appellants' January 26, 2017 objection, it is ORDERED that appellee's January 25, 2017 motion for extension of time for appellee to serve answer brief is granted, and appellee shall serve the answer brief on or before February 21, 2017. In addition, appellee is notified that the failure to serve the brief within the time provided herein may foreclose appellee's right to file a brief or otherwise participate in this appeal.
|
|
| Docket Date |
2017-01-26
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ OBJECTION TO MOTION FOR EXTENSION
|
| On Behalf Of |
HOLLY D. FOSTER
|
|
| Docket Date |
2017-01-25
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief
|
| On Behalf Of |
LAWNWOOD MEDICAL CENTER, INC.
|
|
| Docket Date |
2017-01-03
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ 21 DAYS TO 1/31/17
|
| On Behalf Of |
LAWNWOOD MEDICAL CENTER, INC.
|
|
| Docket Date |
2016-12-30
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
LAWNWOOD MEDICAL CENTER, INC.
|
|
| Docket Date |
2016-12-27
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
HOLLY D. FOSTER
|
|
| Docket Date |
2016-12-21
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
HOLLY D. FOSTER
|
|
| Docket Date |
2016-12-07
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants' December 5, 2016 motion for extension of time is granted, and appellants shall serve the initial brief within fourteen (14) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2016-12-05
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
HOLLY D. FOSTER
|
|
| Docket Date |
2016-11-30
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 1106 PAGES **IN CONFIDENTIAL**
|
| On Behalf Of |
Clerk - St. Lucie
|
|
| Docket Date |
2016-10-10
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
LAWNWOOD MEDICAL CENTER, INC.
|
|
| Docket Date |
2016-10-05
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2016-10-05
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of this order. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2016-09-30
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
HOLLY D. FOSTER
|
|
| Docket Date |
2016-09-30
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
LAWNWOOD MEDICAL CENTER, INC. VS RANDALL SEEGER, M.D. and MAUREEN ZELINKA, M.D.
|
4D2016-0885
|
2016-03-17
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Prohibition
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County
2016CA391
|
Parties
| Name |
LAWNWOOD MEDICAL CENTER, INC.
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
THOMAS E. WARNER, Michael David Sloan, Dean A. Morande
|
|
| Name |
MAUREEN ZELINKA, M.D.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
RANDALL SEEGER, M.D.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Richard H. Levenstein, Abby M. Spears
|
|
| Name |
Hon. William L. Roby
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - St. Lucie
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2016-09-09
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2016-08-17
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing En Banc
|
| Description |
Order Denying Rehearing En Banc ~ ORDERED that the petitioner's June 30, 2016 request for written opinion and motion for rehearing en banc are denied.
|
|
| Docket Date |
2016-08-17
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2016-07-25
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR REHEARING EN BANC
|
| On Behalf Of |
RANDALL SEEGER, M.D.
|
|
| Docket Date |
2016-07-25
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
RANDALL SEEGER, M.D.
|
|
| Docket Date |
2016-07-12
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT to file Response ~ ORDERED that respondents' July 7, 2016 motion for extension is granted, and the time for filing a response to petitioner's request for written opinion and motion for rehearing en banc is extended through and including July 26, 2016.
|
|
| Docket Date |
2016-07-07
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response ~ TO MOTION FOR REHEARING, ETC.
|
| On Behalf Of |
RANDALL SEEGER, M.D.
|
|
| Docket Date |
2016-06-30
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO MOTION FOR REHEARING EN BANC, ETC.
|
| On Behalf Of |
LAWNWOOD MEDICAL CENTER, INC.
|
|
| Docket Date |
2016-06-30
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing En Banc
|
| Description |
Motion For Rehearing EN BANC ~ *AND* REQUEST FOR WRITTEN OPINION
|
| On Behalf Of |
LAWNWOOD MEDICAL CENTER, INC.
|
|
| Docket Date |
2016-06-15
|
| Type |
Disposition
|
| Subtype |
Denied
|
| Description |
Denied - Per Curiam Opinion
|
|
| Docket Date |
2016-05-02
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Response
|
| On Behalf Of |
LAWNWOOD MEDICAL CENTER, INC.
|
|
| Docket Date |
2016-04-21
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause
|
| On Behalf Of |
RANDALL SEEGER, M.D.
|
|
| Docket Date |
2016-04-01
|
| Type |
Order
|
| Subtype |
Show Cause re Petition
|
| Description |
ORD-Writs Show Cause with Reply ~ ORDERED that respondent shall file a response within twenty (20) days and show cause why the petition should not be granted. Petitioner may file a reply within ten (10) days of service of the response.
|
|
| Docket Date |
2016-03-17
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
| On Behalf Of |
LAWNWOOD MEDICAL CENTER, INC.
|
|
| Docket Date |
2016-03-17
|
| Type |
Petition
|
| Subtype |
Petition Prohibition
|
| Description |
Petition Prohibition
|
| On Behalf Of |
LAWNWOOD MEDICAL CENTER, INC.
|
|
| Docket Date |
2016-03-17
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Prohibition / Acknowledgment letter
|
|
| Docket Date |
2016-03-17
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2016-03-17
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Original Proceeding ~ The $300.00 filing fee or affidavit of indigency in conformance with sections 57.081 and 57.085, Florida Statutes, did not accompany the petition as required in Florida Rule of Appellate Procedure 9.100(b). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE PETITION IS SUBSEQUENTLY VOLUNTARILY DISMISSED OR ADVERSELY DISMISSED.ORDERED sua sponte that the $300.00 filing fee or affidavit of indigency in conformance with section 57.081 and 57.085, Florida Statutes, must be filed in this Court within ten (10) days from the date of the entry of this order. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the petition has a duty to tender the filing fee to the appellate court when the petition is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: No extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until this filing fee is paid or until an affidavit of indigency is filed and indigency status is granted.
|
|
|
|
ANIL DESAI, M.D. VS LAWNWOOD MEDICAL CENTER, INC.
|
4D2015-4408
|
2015-11-19
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County
09-CA-010027
|
Parties
| Name |
Clerk - St. Lucie
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Hon. Janet C. Croom
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
ANIL DESAI, M.D.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Richard H. Levenstein, Abby M. Spears, GLENN J. WEBBER, Jon N. Ekdahl, Leonard A. Nelson, MARY THOMAS
|
|
| Name |
LAWNWOOD MEDICAL CENTER, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Michael David Sloan, Dean A. Morande, JASON A. COE, STEPHANIE RUSSO, Walter J. Taché, THOMAS E. WARNER, Martin B. Goldberg
|
|
Docket Entries
| Docket Date |
2018-12-28
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Miscellaneous
|
| Description |
Supreme Court Disposition ~ SC17-1493
|
|
| Docket Date |
2018-02-07
|
| Type |
Supreme Court
|
| Subtype |
Record Sent to Supreme Court
|
| Description |
4DCA record sent to Supreme Court ~ *CONFIDENTIAL RECORD*(RECORD SENT ELECTRONICALLY)
|
|
| Docket Date |
2018-01-30
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Order
|
| Description |
Misc. Supreme Court Order ~ SC17-1493 (BRIEFING SCHEDULE)
|
|
| Docket Date |
2017-08-14
|
| Type |
Supreme Court
|
| Subtype |
Acknowledged Receipt from Supreme Court
|
| Description |
Ack. Receipt from Supreme Court ~ SC17-1493
|
|
| Docket Date |
2017-08-09
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice sent to the Supreme Court
|
|
| Docket Date |
2017-08-09
|
| Type |
Supreme Court
|
| Subtype |
Notice to Invok. Disc. Jur. FSC
|
| Description |
Notice of Discretional Jurisdiction
|
| On Behalf Of |
ANIL DESAI, M.D.
|
|
| Docket Date |
2017-07-28
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2017-07-11
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2016-12-14
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Order Granting Motion to Supplement the Record ~ ORDERED that appellant's November 28, 2016 motion to supplement the record on appeal is granted. The material requested in the motion shall be included in the record on appeal. The clerk of the lower tribunal shall prepare and file the supplemental material in this court within twenty (20) days from the date of this order. Appellant shall monitor the supplementation process.
|
|
| Docket Date |
2016-12-07
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF NO OPPOSITION TO MOTION TO SUPPLEMENT RECORD ON APPEAL
|
| On Behalf Of |
LAWNWOOD MEDICAL CENTER, INC.
|
|
| Docket Date |
2016-12-07
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
LAWNWOOD MEDICAL CENTER, INC.
|
|
| Docket Date |
2016-05-19
|
| Type |
Brief
|
| Subtype |
Amicus Curiae Brief
|
| Description |
Amicus Curiae Brief
|
| On Behalf Of |
ANIL DESAI, M.D.
|
|
| Docket Date |
2016-05-12
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records
|
| On Behalf Of |
ANIL DESAI, M.D.
|
|
| Docket Date |
2017-07-05
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ IN OPPOSITION TO MOTION FOR REHEARING
|
| On Behalf Of |
LAWNWOOD MEDICAL CENTER, INC.
|
|
| Docket Date |
2017-05-31
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Authored Opinion
|
|
| Docket Date |
2016-12-02
|
| Type |
Brief
|
| Subtype |
Amicus Curiae Brief
|
| Description |
Amicus Curiae Brief ~ **AMICUS BRIEF PERMITTED - SEE 12/2/16 ORDER**
|
| On Behalf Of |
LAWNWOOD MEDICAL CENTER, INC.
|
|
| Docket Date |
2016-12-02
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ IN OPPOSITION TO MOTION FOR APPELLATE ATTORNEY'S FEES AND COSTS
|
| On Behalf Of |
ANIL DESAI, M.D.
|
|
| Docket Date |
2016-11-29
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ TO REPLY BRIEF
|
| On Behalf Of |
ANIL DESAI, M.D.
|
|
| Docket Date |
2016-11-14
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT to file Response ~ ORDERED that appellant's November 8, 2016 motion for extension of time is granted, and the time for filing a response to appellee's motion for appellate attorneys' fees and costs is extended to and including December 9, 2016.
|
|
| Docket Date |
2016-11-10
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ IN OPPOSITION TO AE'S MOTION FOR LEAVE TO FILE BRIEF ON BEHALF OF 41 FLORIDA HOSPITAL FACILITIES AS AMICI CURIAE IN SUPPORT OF AE
|
| On Behalf Of |
ANIL DESAI, M.D.
|
|
| Docket Date |
2016-11-08
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response ~ TO APPELLEE'S MOTION FOR APPELLATE ATTORNEYS' FEES AND COSTS
|
| On Behalf Of |
ANIL DESAI, M.D.
|
|
| Docket Date |
2016-11-01
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ AND COSTS (RESPONSE FILED 12/2/16)
|
| On Behalf Of |
LAWNWOOD MEDICAL CENTER, INC.
|
|
| Docket Date |
2016-10-27
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ (AMENDED) 291 PAGES **IN CONFIDENTIAL**
|
| On Behalf Of |
Clerk - St. Lucie
|
|
| Docket Date |
2016-10-27
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT to file Response ~ ORDERED that appellant's October 25, 2016 motion for extension of time is granted, and the time for filing a response to the motion for leave to file brief on behalf of 41 Florida Hospital Facilities as Amici Curiae in support of appellee is extended to and including November 14, 2016.
|
|
| Docket Date |
2016-10-26
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ **AMENDED APPENDIX TO INITIAL BRIEF PURSUANT TO THIS COURT'S 10/21/16 ORDER**
|
| On Behalf Of |
ANIL DESAI, M.D.
|
|
| Docket Date |
2016-10-25
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response ~ TO MOTION FOR LEAVE TO FILE BRIEF ON BEHALF OF 41 FLORIDA HOSPITAL FACILITIES AS AMICI CURIAE IN SUPPORT OF APPELLEE
|
| On Behalf Of |
ANIL DESAI, M.D.
|
|
| Docket Date |
2016-10-21
|
| Type |
Order
|
| Subtype |
Order on Motion to Determine Confidentiality
|
| Description |
ORD-Grant Confidentiality
|
|
| Docket Date |
2016-10-14
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to File Amicus Curiae Brief
|
| Description |
Motion To File Amicus Curiae Brief
|
| On Behalf Of |
LAWNWOOD MEDICAL CENTER, INC.
|
|
| Docket Date |
2016-10-13
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief ~ 30 DAYS TO 11/27/16
|
| On Behalf Of |
ANIL DESAI, M.D.
|
|
| Docket Date |
2016-10-07
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
LAWNWOOD MEDICAL CENTER, INC.
|
|
| Docket Date |
2016-10-05
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ AMENDED MOTION TO DETERMINE CONFIDENTIALITY OF COURT RECORDS
|
| On Behalf Of |
LAWNWOOD MEDICAL CENTER, INC.
|
|
| Docket Date |
2016-06-06
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
LAWNWOOD MEDICAL CENTER, INC.
|
|
| Docket Date |
2016-05-19
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to File Amicus Curiae Brief
|
| Description |
Motion To File Amicus Curiae Brief
|
| On Behalf Of |
ANIL DESAI, M.D.
|
|
| Docket Date |
2016-05-19
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
ANIL DESAI, M.D.
|
|
| Docket Date |
2016-09-15
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ IN OPPOSITION TO AE'S M/TO DETERMINE CONFIDENTIALITY OF COURT RECORDS, ETC.
|
| On Behalf Of |
ANIL DESAI, M.D.
|
|
| Docket Date |
2016-09-06
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ TO DETERMINE CONFIDENTIALITY OF COURT RECORDS *AND* FOR LEAVE TO FILE BRIEF UNDER SEAL *AND* FOR EXTENSION OF TIME FOR ANSWER BRIEF
|
| On Behalf Of |
LAWNWOOD MEDICAL CENTER, INC.
|
|
| Docket Date |
2016-08-25
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ 10 DAYS TO 9/6/16
|
| On Behalf Of |
LAWNWOOD MEDICAL CENTER, INC.
|
|
| Docket Date |
2016-05-10
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ FOR ACCEPTANCE OF FILING OF APPELLANT'S APPENDIX TO INITIAL BRIEF ON 5/10/16 AS TIMELY
|
| On Behalf Of |
ANIL DESAI, M.D.
|
|
| Docket Date |
2016-05-10
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ **REMOVED FROM THE DOCKET - SEE 10/21/16 ORDER**
|
| On Behalf Of |
ANIL DESAI, M.D.
|
|
| Docket Date |
2016-05-09
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
ANIL DESAI, M.D.
|
|
| Docket Date |
2016-05-09
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
ANIL DESAI, M.D.
|
|
| Docket Date |
2016-05-09
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
ANIL DESAI, M.D.
|
|
| Docket Date |
2016-04-05
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
ANIL DESAI, M.D.
|
|
| Docket Date |
2016-01-15
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ 90 DAYS TO 04/27/16
|
| On Behalf Of |
ANIL DESAI, M.D.
|
|
| Docket Date |
2016-01-06
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ NINETEEN (19) VOLUMES **REMOVED FROM THE DOCKET - SEE 10/21/16 ORDER**
|
|
| Docket Date |
2015-12-22
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-Sua Sponte ~ Upon consideration of appellee's December 18, 2015 notice of similar case pending, it is ORDERED sua sponte that the above-styled case numbers are now consolidated for the purposes of assignment to the same panel of the court.
|
|
| Docket Date |
2015-12-18
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar Case Pending ~ WITH 15-4371 **SEE 12/22/15 ORDER**
|
| On Behalf Of |
LAWNWOOD MEDICAL CENTER, INC.
|
|
| Docket Date |
2015-12-17
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ DEAN A. MORANDE AND MICHAEL D. SLOAN
|
| On Behalf Of |
LAWNWOOD MEDICAL CENTER, INC.
|
|
| Docket Date |
2015-11-24
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2015-11-19
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
ANIL DESAI, M.D.
|
|
| Docket Date |
2015-11-19
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2017-07-11
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-Denying Rehearing ~ ORDERED that the appellant's June 15, 2017 motion for rehearing, motion to certify conflict and motion to certify question of great public importance is denied.
|
|
| Docket Date |
2017-06-15
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing ~ *AND* TO CERTIFY CONFLICT *AND* TO CERTIFY QUESTION OF GREAT PUBLIC IMPORTANCE
|
| On Behalf Of |
ANIL DESAI, M.D.
|
|
| Docket Date |
2017-05-31
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney Fees-Unconditionally ~ ORDERED that the appellee's November 1, 2016 motion for appellate attorney's fees is granted. On remand, the trial court shall set the amount of the attorney's fees to be awarded for this appellate case. If a motion for rehearing is filed in this court, then services rendered in connection with the filing of the motion, including, but not limited to, preparation of a responsive pleading, shall be taken into account in computing the amount of the fee. Further,ORDERED that the motion for costs filed by Thomas E. Warner is denied without prejudice to seek costs in the trial court.
|
|
| Docket Date |
2017-03-21
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ 4DCA
|
|
| Docket Date |
2017-01-17
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
ORD-Setting Oral Argument ~ **AMENDED** ORDERED that case numbers 4D15-4371 and 4D15-4408 are consolidated for Oral Argument purposes. These cases are set for a combined Oral Argument on March 21, 2017, at 10:30 A.M. for 20 minutes per side. The court calendars can be viewed on this court's website at HYPERLINK "http://www.4dca.org" www.4dca.org. Attorneys not registered with this court's eDCA and pro se parties are required to file a "Notice of Receipt of Oral Argument" within ten (10) days from the date of this order, acknowledging they have received this order.
|
|
| Docket Date |
2017-01-13
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
ORD-Allowing Attachment to Record ~ ORDERED that the appellant's January 6, 2017 second motion to supplement the record on appeal is granted, and the record is supplemented to include Defendant's Exhibit 1 – Applicant's Undertaking and Affirmation. Said supplemental record is deemed filed as of the date of this order.
|
|
| Docket Date |
2017-01-13
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 1 PAGE **SEE 1/13/17 ORDER**
|
| On Behalf Of |
ANIL DESAI, M.D.
|
|
| Docket Date |
2017-01-09
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF NO OPPOSITION TO SECOND MOTION TO FILE SUPP. ROA
|
| On Behalf Of |
LAWNWOOD MEDICAL CENTER, INC.
|
|
| Docket Date |
2017-01-06
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
ANIL DESAI, M.D.
|
|
| Docket Date |
2017-01-03
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Document
|
| Description |
Misc. LT pleadings ~ CERTIFICATE OF CLERK RE: SUPPLEMENTAL RECORD
|
|
| Docket Date |
2016-12-02
|
| Type |
Order
|
| Subtype |
Order on Motion for Leave to File Amicus Curiae Brief
|
| Description |
ORD-Permitting Amicus Curiae Brief ~ Upon consideration of appellant’s November 10, 2016 response in opposition, it is ORDERED that the October 14, 2016 “motion for leave to file brief on behalf of 41 Florida hospital facilities as amici curiae in support of appellee” is granted. The proposed amici curiae brief filed on October 14, 2016 is deemed properly filed as of the date of this order.
|
|
| Docket Date |
2016-11-28
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
ANIL DESAI, M.D.
|
|
| Docket Date |
2016-11-28
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO MOTION TO SUPPLEMENT THE RECORD ON APPEAL
|
| On Behalf Of |
ANIL DESAI, M.D.
|
|
| Docket Date |
2016-11-28
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
ANIL DESAI, M.D.
|
|
| Docket Date |
2016-09-29
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Deny Miscellaneous Motion ~ Upon consideration of appellant's September 15, 2016 response in opposition, it is ORDERED that appellee's September 6, 2016 motion to determine confidentiality of court records is denied without prejudice to file an amended motion with a proposed order granting the motion to determine confidentiality of court records. See Fla. R. Jud. Admin. 2.420(e)(3); see also Barron v. Florida Freedom Newspapers, Inc., 531 So. 2d 113, 118 (Fla. 1988); BDO Seidman, LLP v. Banco Espirito Santo Intern., Ltd., 34 Fla. L. Weekly D739 (Fla. 3d DCA Apr. 8, 2009). A form order is attached for reference. Failure to timely comply with this order may result in denial of the motion to determine confidentiality and the striking of any documents that were submitted for filing under seal. ORDERED that appellee's September 6, 2016 motion for extension of time is granted, and appellee shall serve the answer brief within two (2) days from the date that the proposed order is submitted. In addition, appellee is notified that the failure to serve the brief within the time provided herein may foreclose appellee's right to file a brief or otherwise participate in this appeal; further,ORDERED that appellee's September 6, 2016 motion for leave to file the answer brief under seal is denied in part. The appendix to the answer brief may be filed under seal to the extent that it contains any confidential materials requested in the amended motion to determine confidentiality of court records and proposed order granting the same.PROPOSED ORDER GRANTING MOTION TO DETERMINE CONFIDENTIALITY OF COURT RECORDS [Rule 2.420(g)] ORDERED that the [Date] Motion to Determine Confidentiality of Court Records is granted. The information required by Florida Rule of Judicial Administration 2.420(e)(3) follows:(A) [Type of case]; (B) [Particular grounds under subdivision (c) for confidentiality]; (C) [Whether party name is confidential; if so, pseudonym]; (D) [Whether progress docket is confidential]; (E) [Particular information that is determined to be confidential]; (F) [Identification of persons who are permitted to view]; (G) This Court finds that (i) the degree, duration, and manner of confidentiality ordered by the court are no broader than necessary to protect the interests set forth in subdivision (c); and (ii) no less restrictive measures are available to protect the interests set forth in subdivision (c); and (H) The Clerk of the Court is directed to publish the order in accordance with subdivision (e)(4) by posting a copy of this order, within ten (10) days following its entry, on the Clerk's website and in a prominent public location in the courthouse, to remain posted in both locations for no less than thirty (30) days.
|
|
| Docket Date |
2016-08-04
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ 20 DAYS TO 8/25/16
|
| On Behalf Of |
LAWNWOOD MEDICAL CENTER, INC.
|
|
| Docket Date |
2016-06-15
|
| Type |
Order
|
| Subtype |
Order on Motion for Leave to File Amicus Curiae Brief
|
| Description |
ORD-Permitting Amicus Curiae Brief ~ ORDERED that The Association of American Physicians & Surgeons¿ and American Medical Association¿s May 19, 2016 motions for leave to file amicus curiae briefs are granted.
|
|
| Docket Date |
2016-06-06
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ 60 DAYS TO 8/5/16
|
| On Behalf Of |
LAWNWOOD MEDICAL CENTER, INC.
|
|
| Docket Date |
2016-05-12
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Order Granting Motion to Supplement the Record ~ ORDERED that appellant's May 9, 2016 motion to supplement the record is granted. The supplemental record is deemed filed as of the date of this order; further,ORDERED that appellant's May 10, 2016 motion for acceptance of filing of appendix to initial brief as timely is granted.
|
|
| Docket Date |
2016-04-12
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORD-Initial Brief to be Served ~ ORDERED that appellant's April 5, 2016 motion for extension of time is granted in part, and appellant shall serve the initial brief on or before May 9, 2016. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case will be subject to dismissal or the court in its discretion may impose other sanctions. Appellant is advised that no further extensions will be granted absent a detailed explanation for why the initial brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant.
|
|
|
|
IRVIN BASIL KELLER, M.D. VS LAWNWOOD MEDICAL CENTER, INC.
|
4D2015-4371
|
2015-11-19
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County
562010CA004571
|
Parties
| Name |
IRVIN BASIL KELLER, M.D.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Abby M. Spears, Richard H. Levenstein
|
|
| Name |
LAWNWOOD MEDICAL CENTER, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Dean A. Morande, ADAM J. KOPPEL, THOMAS E. WARNER, Michael David Sloan
|
|
| Name |
Hon. Janet C. Croom
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - St. Lucie
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-05-22
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Miscellaneous
|
| Description |
Supreme Court Disposition ~ SC17-1497 DENIED
|
|
| Docket Date |
2019-04-24
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Order
|
| Description |
Misc. Supreme Court Order ~ PETITIONER TO SHOW CAUSE WHY SC SHOULD NOT DECLINE TO ACCEPT JURISDICTION
|
|
| Docket Date |
2018-01-30
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Order
|
| Description |
Misc. Supreme Court Order ~ SC17-1497 (CASE STAYED)
|
|
| Docket Date |
2017-08-15
|
| Type |
Supreme Court
|
| Subtype |
Acknowledged Receipt from Supreme Court
|
| Description |
Ack. Receipt from Supreme Court ~ SC17-1497
|
|
| Docket Date |
2017-08-09
|
| Type |
Supreme Court
|
| Subtype |
Notice to Invok. Disc. Jur. FSC
|
| Description |
Notice of Discretional Jurisdiction
|
| On Behalf Of |
IRVIN BASIL KELLER, M.D.
|
|
| Docket Date |
2017-08-09
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice sent to the Supreme Court
|
|
| Docket Date |
2017-07-28
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2017-07-11
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-Denying Rehearing ~ ORDERED that the appellant's June 15, 2017 motion for rehearing, motion to certify conflict and motion to certify question of great public importance is denied.
|
|
| Docket Date |
2017-07-11
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2017-07-05
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ IN OPPOSITION TO MOTION FOR REHEARING, etc.
|
| On Behalf Of |
LAWNWOOD MEDICAL CENTER, INC.
|
|
| Docket Date |
2017-06-15
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing ~ MOTION TO CERTIFY CONFLICT AND MOTION TO CERTIFY QUESTION OF GREAT PUBLIC IMPORTANCE.
|
| On Behalf Of |
IRVIN BASIL KELLER, M.D.
|
|
| Docket Date |
2017-05-31
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Authored Opinion
|
|
| Docket Date |
2017-05-31
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney Fees-Unconditionally ~ ORDERED that the appellee's November 1, 2016 motion for appellate attorney's fees is granted. On remand, the trial court shall set the amount of the attorney's fees to be awarded for this appellate case. If a motion for rehearing is filed in this court, then services rendered in connection with the filing of the motion, including, but not limited to, preparation of a responsive pleading, shall be taken into account in computing the amount of the fee. FurtherORDERED that the motion for costs filed by Thomas E. Warner is denied without prejudice to seek cost in the trial court.
|
|
| Docket Date |
2017-03-21
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ 4DCA
|
|
| Docket Date |
2017-01-17
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
ORD-Setting Oral Argument ~ **AMENDED** ORDERED that case numbers 4D15-4371 and 4D15-4408 are consolidated for Oral Argument purposes. These cases are set for a combined Oral Argument on March 21, 2017, at 10:30 A.M. for 20 minutes per side. The court calendars can be viewed on this court's website at HYPERLINK "http://www.4dca.org" www.4dca.org. Attorneys not registered with this court's eDCA and pro se parties are required to file a "Notice of Receipt of Oral Argument" within ten (10) days from the date of this order, acknowledging they have received this order.
|
|
| Docket Date |
2017-01-13
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
ORD-Setting Oral Argument ~ This case is set for Oral Argument on March 21, 2017, at 10:30 A.M. for 20 minutes total per side for 15-4371 and 15-4408. The court calendars can be viewed on this court's website at HYPERLINK "http://www.4dca.org" www.4dca.org. Attorneys not registered with this court’s eDCA and pro se parties are required to file a "Notice of Receipt of Oral Argument" within ten (10) days from the date of this order, acknowledging they have received this order.
|
|
| Docket Date |
2016-12-07
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
LAWNWOOD MEDICAL CENTER, INC.
|
|
| Docket Date |
2016-12-05
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ IN OPPOSITION TO APPELLEE'S MOTION FOR ATTORNEY'S FEES AND COSTS.
|
| On Behalf Of |
IRVIN BASIL KELLER, M.D.
|
|
| Docket Date |
2016-11-28
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
IRVIN BASIL KELLER, M.D.
|
|
| Docket Date |
2016-11-09
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT to file Response ~ ORDERED that appellant's November 8, 2016 motion for extension of time is granted, and the time for filing a response to appellee's November 1, 2016 motion for attorney's fees and costs is extended to and including December 9, 2016.
|
|
| Docket Date |
2016-11-08
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response ~ TO MOTION FOR ATTORNEY'S FEES.
|
| On Behalf Of |
IRVIN BASIL KELLER, M.D.
|
|
| Docket Date |
2016-11-01
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ **RESPONSE FILED**
|
| On Behalf Of |
LAWNWOOD MEDICAL CENTER, INC.
|
|
| Docket Date |
2016-10-27
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ **AMENDED TO INITIAL BRIEF** SEE THIS COURT'S 10/19/16 ORDER.
|
| On Behalf Of |
IRVIN BASIL KELLER, M.D.
|
|
| Docket Date |
2016-10-26
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ **IN CONFIDENTIAL** (30 PAGES)
|
| On Behalf Of |
Clerk - St. Lucie
|
|
| Docket Date |
2016-10-19
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion ~ ORDERED that appellee’s October 5, 2016 amended motion to determine confidentiality of court records is granted. The information required by Florida Rule of Judicial Administration 2.420(e)(3) follows: (A) This is an appeal, pursuant to Florida Rule of Appellate Procedure 9.030(b)(1)(A), from a final order dismissing appellant’s complaint with prejudice, entered in a non-criminal case; (B) The following portions of the record on appeal, and appellant’s appendix, are being sealed as privileged and confidential pursuant to section 395.0191(8), Florida Statutes, and Rules 2.420(c)(7) and 2.420(c)(9)(A): • Exhibit B to Keller’s Verified Complaint (R1: 143); • Exhibit C to Keller’s Verified Complaint (R1: 144-145); • Exhibit D to Keller’s Verified Complaint (R1: 146-149); • Exhibit B to Keller’s Second Amended Complaint (R2: 431); • Exhibit C to Keller’s Second Amended Complaint (R2: 432-433); • Exhibit D to Keller’s Second Amended Complaint (R2: 434-437); • Exhibit B to Keller’s Third Amended Complaint (R4: 841); • Exhibit C to Keller’s Third Amended Complaint (R4: 843-844); • Exhibit D to Keller’s Third Amended Complaint (R4: 846-849); and • The corresponding portions of Tabs A and D of appellant’s appendix to initial brief; (C) The names of the parties need not be redacted or substituted; (D) The progress docket and similar records need not be deemed confidential; (E) The information that is determined to be confidential consists of: Any records of, correspondence about, or narrative descriptions of the peer review or credentialing process by the appellee or its medical staff as it pertains to the appellant, including the reports, notices, testimony, minutes, or recommendations considered in or resulting from those proceedings, which are deemed confidential, including the above-referenced contents of the record on appeal and appellant’s appendix; (F) This District Court, the Nineteenth Circuit Court in and for St. Lucie County, their clerks, the parties, and their counsel of record shall be permitted to review the confidential information; (G) This Court finds that (i) the degree, duration, and manner of confidentiality ordered by the Court are no broader than necessary to protect the interests set forth in subdivision (c) of Rule 2.420; and (ii) no less restrictive measures are available to protect the interests set forth in subdivision (c) of Rule 2.420; and (H) The Clerk of the Court is directed to publish this Order in accordance with subdivision (e)(4) of Rule 2.420 by posting a copy of this order, within ten (10) days following its entry, on the Clerk's website and in a prominent public location in the courthouse, to remain posted in both locations for no less than thirty (30) days, and to provide a copy of this Order to the clerk of the lower tribunal, with directions that the lower tribunal clerk is to seal the records identified in the Order, in accordance with Rule 2.420(g)(4), in that pursuant to Rule 2.420(g)(3), this Order makes the same records confidential in the lower tribunal during the pendency of this appeal. Further, it is ORDERED that the clerk of the lower tribunal shall prepare and file within twenty (20) days from the date of this order an amended record on appeal in accordance with the above. The amended record on appeal shall be filed in two parts: (1) one without all of the confidential materials as designated by this order; and (2) one with the confidential materials. The record on appeal filed on December 27, 2015 shall be removed from the docket; further,ORDERED that the appellant’s appendix to the initial brief filed on May 10, 2016 shall be removed from the docket. An amended appendix to the initial brief in compliance with this order shall be filed within ten (10) days from the date of this order.
|
|
| Docket Date |
2016-10-13
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief ~ 30 DAYS TO 11/27/16
|
| On Behalf Of |
IRVIN BASIL KELLER, M.D.
|
|
| Docket Date |
2016-10-07
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
LAWNWOOD MEDICAL CENTER, INC.
|
|
| Docket Date |
2016-10-05
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ *AMENDED* MOTION TO DETERMINE CONFIDENTIALITY OF COURT RECORDS.
|
| On Behalf Of |
LAWNWOOD MEDICAL CENTER, INC.
|
|
| Docket Date |
2016-09-28
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Deny Miscellaneous Motion ~ Upon consideration of appellant¿s September 15, 2016 response in opposition, it is ORDERED that appellee¿s September 6, 2016 motion to determine confidentiality of court records is denied without prejudice to file an amended motion with a proposed order granting the motion to determine confidentiality of court records. See Fla. R. Jud. Admin. 2.420(e)(3); see also Barron v. Florida Freedom Newspapers, Inc., 531 So. 2d 113, 118 (Fla. 1988); BDO Seidman, LLP v. Banco Espirito Santo Intern., Ltd., 34 Fla. L. Weekly D739 (Fla. 3d DCA Apr. 8, 2009). A form order is attached for reference. Failure to timely comply with this order may result in denial of the motion to determine confidentiality and the striking of any documents that were submitted for filing under seal. ORDERED that appellee¿s September 6, 2016 motion for extension of time is granted, and appellee shall serve the answer brief within two (2) days from the date that the proposed order is submitted. In addition, appellee is notified that the failure to serve the brief within the time provided herein may foreclose appellee¿s right to file a brief or otherwise participate in this appeal; further, ORDERED that appellee¿s September 6, 2016 motion for leave to file the answer brief under seal is denied in part. The appendix to the answer brief may be filed under seal to the extent that it contains any confidential materials requested in the amended motion to determine confidentiality of court records and proposed order granting the same. PROPOSED ORDER GRANTING MOTION TO DETERMINE CONFIDENTIALITY OF COURT RECORDS [Rule 2.420(g)] ORDERED that the [Date] Motion to Determine Confidentiality of Court Records is granted. The information required by Florida Rule of Judicial Administration 2.420(e)(3) follows: (A) [Type of case]; (B) [Particular grounds under subdivision (c) for confidentiality]; (C) [Whether party name is confidential; if so, pseudonym]; (D) [Whether progress docket is confidential]; (E) [Particular information that is determined to be confidential]; (F) [Identification of persons who are permitted to view]; (G) This Court finds that (i) the degree, duration, and manner of confidentiality ordered by the court are no broader than necessary to protect the interests set forth in subdivision (c); and (ii) no less restrictive measures are available to protect the interests set forth in subdivision (c); and (H) The Clerk of the Court is directed to publish the order in accordance with subdivision (e)(4) by posting a copy of this order, within ten (10) days following its entry, on the Clerk's website and in a prominent public location in the courthouse, to remain posted in both locations for no less than thirty (30) days.
|
|
| Docket Date |
2016-09-15
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ IN OPPOSITION TO APPELLEE'S MOTION TO DETERMINE CONFIDENTIALITY OF COURT RECORDS, FOR LEAVE TO FILE BRIEF UNDER SEAL AND FOR EXTENSION OF TIME...
|
| On Behalf Of |
IRVIN BASIL KELLER, M.D.
|
|
| Docket Date |
2016-09-06
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ TO DETERMINE CONFIDENTIALITY OF COURT RECORDS, FOR LEAVE TO FILE BRIEF UNDER SEAL AND FOR EXTENSION OF TIME FOLLOWING RESOLUTION OF PRESENT MOTION FOR SERVICE AND FILING OF APPELLEE'S BRIEF.
|
| On Behalf Of |
LAWNWOOD MEDICAL CENTER, INC.
|
|
| Docket Date |
2016-08-25
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ 10 DAYS TO 9/6/16.
|
| On Behalf Of |
LAWNWOOD MEDICAL CENTER, INC.
|
|
| Docket Date |
2016-08-04
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ 20 DAYS TO 8/25/16.
|
| On Behalf Of |
LAWNWOOD MEDICAL CENTER, INC.
|
|
| Docket Date |
2016-06-06
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ 60 DAYS TO 8/5/16
|
| On Behalf Of |
LAWNWOOD MEDICAL CENTER, INC.
|
|
| Docket Date |
2016-05-13
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion ~ ORDERED that appellant's May 10, 2016 motion for acceptance of filing of appellant's appendix to initial brief on May 10, 2016 as timely is granted.
|
|
| Docket Date |
2016-05-10
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ FOR ACCEPTANCE OF FILING OF APPELLANT'S APPENDIX TO INITIAL BRIEF ON 5/10/16 AS TIMELY
|
| On Behalf Of |
IRVIN BASIL KELLER, M.D.
|
|
| Docket Date |
2016-05-10
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ **SEE AMENDED APPENDIX FILED 10/27/16**TO INITIAL BRIEF. **MOVED TO CONFIDENTIAL SEE 10/19/16 ORDER**
|
| On Behalf Of |
IRVIN BASIL KELLER, M.D.
|
|
| Docket Date |
2016-05-09
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
IRVIN BASIL KELLER, M.D.
|
|
| Docket Date |
2016-05-09
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
IRVIN BASIL KELLER, M.D.
|
|
| Docket Date |
2016-04-12
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's April 5, 2016 motion for extension of time is granted in part, and appellant shall serve the initial brief on or before May 9, 2016. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2016-04-05
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
IRVIN BASIL KELLER, M.D.
|
|
| Docket Date |
2016-01-15
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ 90 DAYS TO 04/27/16
|
| On Behalf Of |
IRVIN BASIL KELLER, M.D.
|
|
| Docket Date |
2015-12-28
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ **MOVED TO CONFIDENTIAL, SEE 10/19/16 ORDER**
|
| On Behalf Of |
Clerk - St. Lucie
|
|
| Docket Date |
2015-12-22
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-Sua Sponte ~ Upon consideration of appellee's December 18, 2015 notice of similar case pending, it is ORDERED sua sponte that the above-styled case numbers are now consolidated for the purposes of assignment to the same panel of the court.
|
|
| Docket Date |
2015-12-18
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar Case Pending ~ WITH 15-4408 **SEE 12/22/15 ORDER**
|
| On Behalf Of |
LAWNWOOD MEDICAL CENTER, INC.
|
|
| Docket Date |
2015-12-17
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ DEAN MORANDE AND MICHAEL D. SLOAN
|
| On Behalf Of |
LAWNWOOD MEDICAL CENTER, INC.
|
|
| Docket Date |
2015-11-20
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2015-11-19
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
IRVIN BASIL KELLER, M.D.
|
|
| Docket Date |
2015-11-19
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
NIKOLAOS IOANNOU, M.D. VS LAWNWOOD MEDICAL CENTER, INC.
|
4D2012-3552
|
2012-10-05
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County
562007CA004630
|
Parties
| Name |
NIKOLAOS IOANNOU, M.D.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Abby M. Spears, Richard H. Levenstein
|
|
| Name |
LAWNWOOD MEDICAL CENTER, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
THOMAS E. WARNER, JAMES J. EVANGELISTA, Dean A. Morande, Adam Williams Rhys
|
|
| Name |
HON. DAN L. VAUGHN (DNU)
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - St. Lucie
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2014-02-05
|
| Type |
Record
|
| Subtype |
Returned Records
|
| Description |
Returned Records
|
|
| Docket Date |
2013-12-20
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Ready to Close
|
|
| Docket Date |
2013-12-06
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2013-12-06
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2012-10-05
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
NIKOLAOS IOANNOU, M.D.
|
|
| Docket Date |
2012-10-05
|
| Type |
Misc. Events
|
| Subtype |
Order Appealed
|
| Description |
**DNU** order appealed
|
|
| Docket Date |
2013-11-14
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney Fees-Unconditionally ~ ORDERED that the appellee's motion for attorney's fees filed May 2, 2013, is granted. On remand the trial court shall set the amount of the attorney's fees to be awarded for this appellate case. If a motion for rehearing is filed in this court, then services rendered in connection therewith, including but not limited to preparation of a responsive pleading, shall be taken into account in computing the amount of the fee; further,ORDERED that the motion for costs filed by Dean Morande is hereby denied without prejudice to seek costs in the trial court.
|
|
| Docket Date |
2013-11-14
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2013-11-05
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set
|
|
| Docket Date |
2013-10-15
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
NIKOLAOS IOANNOU, M.D.
|
|
| Docket Date |
2013-08-23
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
ORD-Setting Oral Argument ~ This case is set for Oral Argument for Tuesday, November 5, 2013, at 10:00 A.M., 10 minutes per side. The court calendars can be viewed on this court¿s website at HYPERLINK "http://www.4dca.org" www.4dca.org.
|
|
| Docket Date |
2013-06-10
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
ORD-Allowing Attachment to Record ~ ORDERED that the appellant's motion filed June 3, 2013, to supplement the record is granted, and the record is hereby supplemented to include the August 28, 2012, Letter From C.J. Gideon, Jr. to Judge Dan Vaughn (sealed), January 25, 2008 Hearing Transcript (confidential), and May 29, 2008 Hearing Transcript (confidential).
|
|
| Docket Date |
2013-06-06
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief ~ ***CONFIDENTIAL/SEALED***
|
| On Behalf Of |
NIKOLAOS IOANNOU, M.D.
|
|
| Docket Date |
2013-06-04
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ ONE (1) VOLUMES ****CONFIDENTIAL/SEALED**** (*PROPOSED*)
|
| On Behalf Of |
NIKOLAOS IOANNOU, M.D.
|
|
| Docket Date |
2013-06-03
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record ~ WITH SEALED MATERIAL *AND* MOTION TO SUBMIT CONFIDENTIAL HEARING TRANSCRIPTS
|
| On Behalf Of |
NIKOLAOS IOANNOU, M.D.
|
|
| Docket Date |
2013-05-29
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
ORD-Allowing Attachment to Record ~ ORDERED that the appellee's motion filed April 29, 2013, to supplement the record on appeal with sealed materials and agreed motion to submit confidential hearing transcript are granted, and the record is hereby supplemented to include the documents designated as Exhibits A, B, and C. Said documents are deemed filed the date of the entry of this order and are filed under seal.
|
|
| Docket Date |
2013-05-29
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ ***CONFIDENTIAL***
|
|
| Docket Date |
2013-05-07
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ (1) PER 4/29/13 ORDER
|
| On Behalf Of |
LAWNWOOD MEDICAL CENTER, INC.
|
|
| Docket Date |
2013-05-07
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief ~ 20 DAYS TO 06/09/13
|
| On Behalf Of |
NIKOLAOS IOANNOU, M.D.
|
|
| Docket Date |
2013-05-02
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ **PENDING MOTION**
|
| On Behalf Of |
LAWNWOOD MEDICAL CENTER, INC.
|
|
| Docket Date |
2013-05-01
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ ***CONFIDENTIAL***
|
| On Behalf Of |
LAWNWOOD MEDICAL CENTER, INC.
|
|
| Docket Date |
2013-04-29
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record ~ WITH SEALED MATERIALS *AND* MOTION TO SUBMIT CONFIDENTIAL HEARING TRANSCRIPT
|
| On Behalf Of |
LAWNWOOD MEDICAL CENTER, INC.
|
|
| Docket Date |
2013-04-29
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ (1)
|
| On Behalf Of |
LAWNWOOD MEDICAL CENTER, INC.
|
|
| Docket Date |
2013-04-29
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
ORD-Allowing Attachment to Record ~ ORDERED that the appellee's motion filed April 1, 2013, to supplement the record on appeal is granted, and the record is hereby supplemented to include the April 26, 2012 Notice of Hearing on Defendant's Motion for Rehearing on Motion for Summary Judgment and Second Motion for Summary Judgment, designated as Tab 1 and the May 18, 2012 Notice of Hearing on Plaintiff's Motion for Leave to File Second Amended Complaint for Injunctive Relief, designated as Tab 2. Said supplemental record is deemed filed the date of the entry of this order.
|
|
| Docket Date |
2013-04-16
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee's motion filed April 5, 2013, to file brief under seal is hereby granted, and appellee shall file its brief under seal and appellant is compelled to file any reply brief and any supplemental appendix under seal; further,ORDERED that appellee's motion filed March 21, 2013, for extension of time is granted, and appellee shall serve the answer brief within fifteen (15) days from the date of the entry of this order. In addition, appellee is notified that the failure to serve the brief within the time provided herein may foreclose appellee's right to file a brief or otherwise participate in this appeal.
|
|
| Docket Date |
2013-04-12
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION TO FILE BRIEF UNDER SEAL
|
| On Behalf Of |
NIKOLAOS IOANNOU, M.D.
|
|
| Docket Date |
2013-04-08
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record ~ (SECOND)
|
| On Behalf Of |
LAWNWOOD MEDICAL CENTER, INC.
|
|
| Docket Date |
2013-04-05
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ TO FILE ANSWER BRIEF UNDER SEAL
|
| On Behalf Of |
LAWNWOOD MEDICAL CENTER, INC.
|
|
| Docket Date |
2013-04-01
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
LAWNWOOD MEDICAL CENTER, INC.
|
|
| Docket Date |
2013-03-21
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief
|
| On Behalf Of |
LAWNWOOD MEDICAL CENTER, INC.
|
|
| Docket Date |
2013-03-08
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Reply Brief extended by Letter (no order issued) ~ TO 04/30/13
|
|
| Docket Date |
2013-02-05
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Answer Brief extended by Letter (no order issued) ~ 30 DAYS TO 3/6/13
|
|
| Docket Date |
2013-01-23
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ (4) FOUR VOLUMES -- WITH CD ROM
|
|
| Docket Date |
2013-01-11
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits ~ (4)
|
| On Behalf Of |
NIKOLAOS IOANNOU, M.D.
|
|
| Docket Date |
2013-01-11
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument ~ AA Richard H. Levenstein 0235296
|
|
| Docket Date |
2012-11-20
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Initial Brief extended by Letter (no order issued) ~ 30 DAYS TO 1/11/13
|
|
| Docket Date |
2012-10-19
|
| Type |
Misc. Events
|
| Subtype |
Docketing Statement
|
| Description |
Docketing Statement ~ AE Dean A. Morande 807001
|
|
| Docket Date |
2012-10-18
|
| Type |
Misc. Events
|
| Subtype |
Docketing Statement
|
| Description |
Docketing Statement ~ AA Richard H. Levenstein 0235296
|
|
| Docket Date |
2012-10-15
|
| Type |
Misc. Events
|
| Subtype |
Docketing Statement
|
| Description |
Docketing Statement ~ AE Dean A. Morande 807001
|
|
| Docket Date |
2012-10-08
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
|
|
LaCRISE MOODY and JULIUS C. WILSON, III, etc. VS LAWNWOOD MEDICAL CENTER, INC.
|
4D2011-3879
|
2011-10-21
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County
562008CA008435AXXXHC
|
Parties
| Name |
JULIUS C. WILSON, I I I
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
S.A.W.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
LACRISE MOODY
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
GLORETTA H. HALL, MARK MILLER
|
|
| Name |
LAWNWOOD MEDICAL CENTER, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
SHELLEY H. LEINICKE, RACHEL STUDLEY (DNU), Adam Williams Rhys
|
|
| Name |
HON. DWIGHT L. GEIGER
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - St. Lucie
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2013-07-18
|
| Type |
Record
|
| Subtype |
Returned Records
|
| Description |
Returned Records
|
|
| Docket Date |
2013-05-26
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Ready to Close
|
|
| Docket Date |
2013-05-03
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2013-04-18
|
| Type |
Notice
|
| Subtype |
Notice of Change of Address
|
| Description |
Notice of Change of Address
|
| On Behalf Of |
LACRISE MOODY
|
|
| Docket Date |
2013-04-16
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2013-04-16
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-Denying Rehearing ~ ORDERED that appellee's motion filed March 18, 2013, for rehearing and rehearing en banc is hereby denied.
|
|
| Docket Date |
2013-03-22
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR REHEARING, ETC.
|
| On Behalf Of |
LACRISE MOODY
|
|
| Docket Date |
2013-03-18
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing En Banc
|
| Description |
Motion For Rehearing EN BANC ~ (M)
|
| On Behalf Of |
LAWNWOOD MEDICAL CENTER, INC.
|
|
| Docket Date |
2013-03-06
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed - Authored Opinion
|
|
| Docket Date |
2013-01-08
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set
|
|
| Docket Date |
2012-07-05
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief ~ (4)
|
| On Behalf Of |
LACRISE MOODY
|
|
| Docket Date |
2012-07-05
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument ~ AA Mark Miller 94961
|
|
| Docket Date |
2012-06-19
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Reply Brief extended by Letter (no order issued) ~ 14 DAYS TO 7/2/12
|
|
| Docket Date |
2012-05-29
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ (4)
|
| On Behalf Of |
LAWNWOOD MEDICAL CENTER, INC.
|
|
| Docket Date |
2012-04-20
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Answer Brief extended by Letter (no order issued) ~ 30 DAYS TO 5/29/12
|
|
| Docket Date |
2012-04-02
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits ~ (4) E
|
| On Behalf Of |
LACRISE MOODY
|
|
| Docket Date |
2012-03-22
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Initial Brief extended by Letter (no order issued) ~ 10 DAYS TO 4/2/12
|
|
| Docket Date |
2012-03-02
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ FOURTEEN (14) VOLUMES (NO CD ROM REQUIRED)
|
|
| Docket Date |
2012-02-27
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Initial Brief extended by Letter (no order issued) ~ 30 DAYS TO 3/23/12
|
|
| Docket Date |
2012-02-27
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ COPY OF CORRECTED (TO REDUCE COST) 2ND NOTICE FOR PAYMENT FOR PREPARATION OF INDEX TO ROA TO MARK MILLER CL Joseph E. Smith, Clerk CC04
|
|
| Docket Date |
2012-02-22
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ THE CLERK OF THE L.T. IS DIRECTED TO REDUCE THE COST OF THE RECORD, ETC. (SEE ORDER)
|
|
| Docket Date |
2012-02-13
|
| Type |
Order
|
| Subtype |
Order to Transmit Record/Supplemental Record on Appeal
|
| Description |
CD of transcripts to be filed in T.C. 10 days
|
|
| Docket Date |
2012-02-13
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Amend/Correct Record
|
| Description |
Motion To Correct the Record
|
| On Behalf Of |
LACRISE MOODY
|
|
| Docket Date |
2012-02-13
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ (1) ONE VOLUME (CD ROM FILED 2/16/12)
|
| On Behalf Of |
LACRISE MOODY
|
|
| Docket Date |
2012-02-07
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion Supplement Record w/Attached
|
| On Behalf Of |
LACRISE MOODY
|
|
| Docket Date |
2012-01-05
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ TO 2/26/12
|
|
| Docket Date |
2011-12-27
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
LACRISE MOODY
|
|
| Docket Date |
2011-11-15
|
| Type |
Misc. Events
|
| Subtype |
Docketing Statement
|
| Description |
Docketing Statement ~ AA Mark Miller 94961
|
|
| Docket Date |
2011-11-15
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
LACRISE MOODY
|
|
| Docket Date |
2011-11-10
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
LAWNWOOD MEDICAL CENTER, INC.
|
|
| Docket Date |
2011-10-26
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2011-10-21
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
LACRISE MOODY
|
|
| Docket Date |
2011-10-21
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
