Publix Super Markets, Inc., Normandy Insurance Company, Zenith Insurance Company, Bridgefield Employers Insurance Company, Bridgefield Casualty Insurance Company, BusinessFirst Insurance Company and RetailFirst Insurance Company, Appellant(s) v. Department of Financial Services, Division of Workers' Compensation, Prescription Partners, LLC; Florida Medical Association; Florida Osteopathic Medical Association; and Florida Orthopaedic Society, Appellee(s).
|
1D2023-0941
|
2023-04-21
|
Open
|
|
Classification |
NOA Final - Administrative - Other
|
Court |
1st District Court of Appeal
|
Originating Court |
Administrative Agency
23-0276RP
|
Parties
Name |
PUBLIX SUPER MARKETS, INC.
|
Role |
Appellant
|
Status |
Active
|
Representations |
William H. Rogner, Ralph Douglas
|
|
Name |
NORMANDY INSURANCE COMPANY
|
Role |
Appellant
|
Status |
Active
|
Representations |
William H. Rogner, Ralph Douglas
|
|
Name |
ZENITH INSURANCE COMPANY
|
Role |
Appellant
|
Status |
Active
|
Representations |
William H. Rogner, Ralph Douglas
|
|
Name |
BRIDGEFIELD EMPLOYERS INSURANCE COMPANY
|
Role |
Appellant
|
Status |
Active
|
Representations |
William H. Rogner, Ralph Douglas
|
|
Name |
BRIDGEFIELD CASUALTY INSURANCE COMPANY
|
Role |
Appellant
|
Status |
Active
|
Representations |
William H. Rogner, Ralph Douglas
|
|
Name |
BUSINESSFIRST INSURANCE COMPANY
|
Role |
Appellant
|
Status |
Active
|
Representations |
William H. Rogner, Ralph Douglas
|
|
Name |
RETAILFIRST INSURANCE COMPANY
|
Role |
Appellant
|
Status |
Active
|
Representations |
William H. Rogner, Ralph Douglas
|
|
Name |
Division of Workers Compensation
|
Role |
Appellee
|
Status |
Active
|
|
Name |
PRESCRIPTION PARTNERS LLC
|
Role |
Appellee
|
Status |
Active
|
Representations |
Virginia C Dailey, Louise R Wilhite-St Laurent, Lindsay K. Ervin
|
|
Name |
FLORIDA MEDICAL ASSOCIATION, INC.
|
Role |
Appellee
|
Status |
Active
|
Representations |
Jeffery Michael Scott, Mary K. Thomas
|
|
Name |
FLORIDA OSTEOPATHIC MEDICAL ASSOCIATION
|
Role |
Appellee
|
Status |
Active
|
Representations |
Jeffery Michael Scott, Mary K. Thomas
|
|
Name |
Florida Orthopaedic Society
|
Role |
Appellee
|
Status |
Active
|
Representations |
Jeffery Michael Scott, Mary K. Thomas
|
|
Name |
Leonard Billmeier
|
Role |
Amicus Curiae
|
Status |
Active
|
|
Name |
DFS Agency Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Name |
Julie Hunsaker DOAH
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Name |
Department of Financial Services
|
Role |
Appellee
|
Status |
Active
|
Representations |
Michael B. Dobson, Thomas Nemecek, Cassidy Perdue, Douglas Ray Ware, Katie Beth Privett
|
|
Docket Entries
Docket Date |
2023-09-01
|
Type |
Motions Relating to Briefs
|
Subtype |
Motion to Amend Brief
|
Description |
Motion to Amend Answer Brief of Prescription Partners, LLC, and Florida Medical Association, Inc., Florida Osteopathic Medical Association, and Florida Orthopaedic Society
|
On Behalf Of |
Prescription Partners, LLC
|
|
Docket Date |
2024-01-18
|
Type |
Notice
|
Subtype |
Notice of Supplemental Authority
|
Description |
Notice of Supplemental Authority
|
On Behalf Of |
RetailFirst Insurance Company
|
|
Docket Date |
2023-12-04
|
Type |
Notice
|
Subtype |
Notice of Oral Argument
|
Description |
Notice of Oral Argument
|
View |
View File
|
|
Docket Date |
2023-10-16
|
Type |
Order
|
Subtype |
Order
|
Description |
Order
|
View |
View File
|
|
Docket Date |
2023-09-28
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Reply Brief
|
On Behalf Of |
RetailFirst Insurance Company
|
View |
View File
|
|
Docket Date |
2023-09-01
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Answer Brief
|
On Behalf Of |
Prescription Partners, LLC
|
View |
View File
|
|
Docket Date |
2023-08-29
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Answer Brief
|
On Behalf Of |
Department of Financial Services
|
View |
View File
|
|
Docket Date |
2023-08-29
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Department of Financial Services
|
|
Docket Date |
2023-08-28
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Miscellaneous Motion - Motion to Accept a Reply to Appellee's Response
|
On Behalf Of |
Leonard Billmeier
|
|
Docket Date |
2023-08-17
|
Type |
Record
|
Subtype |
Amended Appendix
|
Description |
Amended Appendix
|
On Behalf Of |
Leonard Billmeier
|
|
Docket Date |
2023-08-10
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Motion For Leave to File an Amicus Curiae Brief In Support of Appellants
|
On Behalf Of |
Leonard Billmeier
|
|
Docket Date |
2023-08-10
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix to Amicus Curiae Brief
|
On Behalf Of |
Leonard Billmeier
|
|
Docket Date |
2023-08-10
|
Type |
Brief
|
Subtype |
Amicus Curiae Brief
|
Description |
Amicus Curiae Brief
|
On Behalf Of |
Leonard Billmeier
|
View |
View File
|
|
Docket Date |
2023-07-31
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Motion/Request for Oral Argument
|
On Behalf Of |
RetailFirst Insurance Company
|
|
Docket Date |
2023-07-31
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief
|
On Behalf Of |
RetailFirst Insurance Company
|
View |
View File
|
|
Docket Date |
2023-06-09
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Notice of Agreed Extension of Time - IB 30 days/IB 30 days
|
On Behalf Of |
RetailFirst Insurance Company
|
|
Docket Date |
2023-06-02
|
Type |
Record
|
Subtype |
Transcript Redacted
|
Description |
Transcript Redacted - 162 pages
|
|
Docket Date |
2023-05-12
|
Type |
Misc. Events
|
Subtype |
Docketing Statement
|
Description |
Docketing Statement
|
On Behalf Of |
RetailFirst Insurance Company
|
|
Docket Date |
2023-05-08
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Prescription Partners, LLC
|
|
Docket Date |
2023-05-05
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Publix Super Markets, Inc.
|
View |
View File
|
|
Docket Date |
2023-05-03
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Department of Financial Services
|
View |
View File
|
|
Docket Date |
2023-05-02
|
Type |
Event
|
Subtype |
Fee Paid in Full
|
Description |
Fee Paid in Full
|
|
Docket Date |
2023-04-28
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
Order on Filing Fee
|
View |
View File
|
|
Docket Date |
2023-04-24
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
View |
View File
|
|
Docket Date |
2023-04-21
|
Type |
Misc. Events
|
Subtype |
Order Appealed
|
Description |
Order Appealed-certified
|
On Behalf Of |
Julie Hunsaker DOAH
|
|
Docket Date |
2023-04-21
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal
|
On Behalf Of |
RetailFirst Insurance Company
|
|
Docket Date |
2023-09-08
|
Type |
Brief
|
Subtype |
Amended Answer Brief
|
Description |
Amended Answer Brief of Prescription Partners, LLC, and Florida Medical Association, Inc., Florida Osteopathic Medical Association, and Florida Orthopaedic Society
|
On Behalf Of |
Prescription Partners, LLC
|
View |
View File
|
|
Docket Date |
2023-08-25
|
Type |
Response
|
Subtype |
Response
|
Description |
Response to portions of motion for leave to file opposition to portions of motion for leave to file an amici curiae brief and appendix
|
On Behalf Of |
Prescription Partners, LLC
|
|
Docket Date |
2023-08-16
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
Order Striking Filing
|
View |
View File
|
|
|
University of Florida Board of Trustees, et al. , Petitioner(s) v. Laurie Carmody, Respondent(s)
|
SC2022-0068
|
2022-01-14
|
Closed
|
|
Classification |
Discretionary Review - Notice to Invoke - Certified Direct Conflict
|
Court |
Supreme Court of Florida
|
Originating Court |
1st District Court of Appeal
1D21-634
|
Parties
Name |
University of Florida Board of Trustees
|
Role |
Petitioner
|
Status |
Active
|
Representations |
Francis E. Pierce, III, Christine R. Davis
|
|
Name |
Shands Hospital
|
Role |
Petitioner
|
Status |
Active
|
|
Name |
SHANDS TEACHING HOSPITAL & CLINICS, INC.
|
Role |
Petitioner
|
Status |
Active
|
|
Name |
Laurie Carmody
|
Role |
Respondent
|
Status |
Active
|
Representations |
Adam Richardson, Kennan G. Dandar
|
|
Name |
FLORIDA JUSTICE ASSOCIATION, INC.
|
Role |
Respondent
|
Status |
Active
|
Representations |
Dimitrios A. Peteves, Bryan S. Gowdy
|
|
Name |
American Medical Association
|
Role |
Amicus - Petitioner
|
Status |
Interim
|
Representations |
Mr. Andrew S. Bolin
|
|
Name |
FLORIDA HOSPITAL ASSOCIATION, INC.
|
Role |
Amicus - Petitioner
|
Status |
Interim
|
Representations |
Mr. Andrew S. Bolin
|
|
Name |
FLORIDA MEDICAL ASSOCIATION, INC.
|
Role |
Amicus - Petitioner
|
Status |
Interim
|
Representations |
Mr. Andrew S. Bolin
|
|
Name |
FLORIDA DEFENSE LAWYERS ASSOCIATION, INC.
|
Role |
Amicus - Petitioner
|
Status |
Interim
|
Representations |
Kansas R. Gooden, Jessica N. Cochran
|
|
Name |
Hon. Donna Michelle Keim
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Hon. J.K. "Jess" Irby
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Name |
1DCA Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2023-11-03
|
Type |
Miscellaneous Document
|
Subtype |
Publish Full
|
Description |
Publish Full - Opinion issued July 6, 2023.
|
View |
View File
|
|
Docket Date |
2023-11-02
|
Type |
Mandate
|
Subtype |
Mandate Issued
|
Description |
Mandate Issued
|
View |
View File
|
|
Docket Date |
2023-10-12
|
Type |
Disposition
|
Subtype |
Rehearing DY
|
Description |
FSC-OPINION: Petitioners' "Motion for Rehearing" is hereby denied.
|
View |
View File
|
|
Docket Date |
2023-08-24
|
Type |
Notice
|
Subtype |
Address Change
|
Description |
Notice of Address Change
|
View |
View File
|
|
Docket Date |
2023-08-03
|
Type |
Response
|
Subtype |
Response
|
Description |
Response to Petitioner's Motion for Rehearing
|
On Behalf Of |
Laurie Carmody
|
View |
View File
|
|
Docket Date |
2023-07-19
|
Type |
Motion
|
Subtype |
Rehearing
|
Description |
Motion for Rehearing
|
On Behalf Of |
University of Florida Board of Trustees
|
View |
View File
|
|
Docket Date |
2023-07-06
|
Type |
Disposition
|
Subtype |
Approved
|
Description |
FSC-OPINION: Because the circuit court's allegedly erroneous determination that Dr. DeStephens satisfied the Medical Malpractice Act's presuit requirements does not constitute an "essential departure from the law," certiorari relief is unavailable. We therefore approve the First District's decision below to the extent that it is consistent with our decision here, and we disapprove the Second and Fifth Districts' decisions in Clare and Riggenbach, respectively. It is so ordered.
|
View |
View File
|
|
Docket Date |
2023-03-14
|
Type |
Notice
|
Subtype |
Supplemental Authority
|
Description |
Notice of Supplemental Authority
|
View |
View File
|
|
Docket Date |
2023-03-01
|
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., Thursday, April 6, 2023.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.
|
View |
View File
|
|
Docket Date |
2023-02-06
|
Type |
Brief
|
Subtype |
Reply-Merit
|
Description |
REPLY BRIEF-MERITS ~ Reply Brief of Petitioners Unversty of Florda Board of Trustees and Shands Teachng Hosptal and Clinics, d/b/a Shands Hospital
|
On Behalf Of |
University of Florida Board of Trustees
|
View |
View File
|
|
Docket Date |
2023-01-24
|
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 February 6, 2023, 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.
|
View |
View File
|
|
Docket Date |
2023-01-24
|
Type |
Motion
|
Subtype |
Ext of Time (Reply Brief-Merit)
|
Description |
MOTION-EXT OF TIME (REPLY BRIEF-MERITS) ~ Unopposed Motion for Extension of Time
|
On Behalf Of |
University of Florida Board of Trustees
|
View |
View File
|
|
Docket Date |
2022-12-27
|
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 January 30, 2023, 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.
|
View |
View File
|
|
Docket Date |
2022-12-27
|
Type |
Motion
|
Subtype |
Ext of Time (Reply Brief-Merit)
|
Description |
MOTION-EXT OF TIME (REPLY BRIEF-MERITS) ~ Unopposed Motion for Extension of Time
|
On Behalf Of |
University of Florida Board of Trustees
|
View |
View File
|
|
Docket Date |
2022-12-16
|
Type |
Brief
|
Subtype |
Amicus Curiae Answer
|
Description |
AMICUS CURIAE ANSWER BRIEF-MERITS ~ Amicus Brief of the Florida Justice Association in Support of Respondent
|
On Behalf Of |
Florida Justice Association
|
View |
View File
|
|
Docket Date |
2022-12-13
|
Type |
Order
|
Subtype |
Amicus Curiae
|
Description |
ORDER-AMICUS CURIAE GR ~ The motion for leave to file brief as amicus curiae filed by Florida Justice Association is hereby granted and they are allowed to file brief only in support of Respondent. The brief by the above referenced amicus curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).The motion for extension of time filed in the above case by Florida Justice Association is granted and said amicus curiae is allowed to and including December 19, 2022, in which to serve the amicus brief. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.
|
View |
View File
|
|
Docket Date |
2022-12-09
|
Type |
Motion
|
Subtype |
Amicus Curiae
|
Description |
MOTION-AMICUS CURIAE ~ Unopposed Motion for Leave for Florida Justice Association to Appear as Amicus Curiae and for Extension of Time
|
On Behalf Of |
Florida Justice Association
|
View |
View File
|
|
Docket Date |
2022-11-30
|
Type |
Brief
|
Subtype |
Answer-Merit
|
Description |
ANSWER BRIEF-MERITS ~ Answer Brief of Respondent
|
On Behalf Of |
Laurie Carmody
|
View |
View File
|
|
Docket Date |
2022-10-31
|
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 November 30, 2022, 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.
|
View |
View File
|
|
Docket Date |
2022-10-31
|
Type |
Motion
|
Subtype |
Ext of Time (Answer Brief-Merit)
|
Description |
MOTION-EXT OF TIME (ANSWER BRIEF-MERITS) ~ Unopposed Motion for Extension of Time
|
On Behalf Of |
Laurie Carmody
|
View |
View File
|
|
Docket Date |
2022-10-04
|
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 October 31, 2022, 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.
|
View |
View File
|
|
Docket Date |
2022-09-30
|
Type |
Motion
|
Subtype |
Ext of Time (Answer Brief-Merit)
|
Description |
MOTION-EXT OF TIME (ANSWER BRIEF-MERITS) ~ Unopposed Motion for Extension of Time
|
On Behalf Of |
Laurie Carmody
|
View |
View File
|
|
Docket Date |
2022-09-12
|
Type |
Brief
|
Subtype |
Amicus Curiae Initial
|
Description |
AMICUS CURIAE INITIAL BRIEF-MERITS ~ Amicus Brief of Florida Hospital association, Florida Medical Association and the Litigation Center of the American Medical Association in Support of Petitioners
|
On Behalf Of |
Florida Hospital Association
|
View |
View File
|
|
Docket Date |
2022-08-31
|
Type |
Brief
|
Subtype |
Initial-Merit
|
Description |
INITIAL BRIEF-MERITS ~ Initial Brief of Petitioners University of Florida Board of Trustees and Shands Teaching Hospital and Clinics, d/b/a Shands Hospital
|
On Behalf Of |
University of Florida Board of Trustees
|
View |
View File
|
|
Docket Date |
2022-08-30
|
Type |
Notice
|
Subtype |
Appearance
|
Description |
NOTICE-APPEARANCE
|
View |
View File
|
|
Docket Date |
2022-07-18
|
Type |
Motion
|
Subtype |
Ext of Time (Initial Brief-Merit)
|
Description |
MOTION-EXT OF TIME (INITIAL BRIEF-MERITS) ~ Unopposed Motion for Extension of Time
|
On Behalf Of |
University of Florida Board of Trustees
|
View |
View File
|
|
Docket Date |
2022-07-18
|
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 August 31, 2022, 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.
|
View |
View File
|
|
Docket Date |
2022-07-06
|
Type |
Order
|
Subtype |
Amicus Curiae
|
Description |
ORDER-AMICUS CURIAE GR ~ The motion for leave to file brief as amici curiae filed by the Florida Hospital Association, Florida Medical Association, and the American Medical Association is hereby granted and they are allowed to file brief only in support of petitioners. The brief by the above referenced amici curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
|
View |
View File
|
|
Docket Date |
2022-07-05
|
Type |
Motion
|
Subtype |
Amicus Curiae
|
Description |
MOTION-AMICUS CURIAE ~ FLORIDA HOSPITAL ASSOCIATION AND THE FLORIDA MEDICAL ASSOCIATION AND THE AMERICAN MEDICAL ASSOCIATION'S MOTION FOR LEAVE TO APPEAR AS AMICUS CURIAE IN SUPPORTOF PETITIONERS
|
On Behalf Of |
Florida Hospital Association
|
View |
View File
|
|
Docket Date |
2022-06-17
|
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 July 29, 2022, 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.
|
View |
View File
|
|
Docket Date |
2022-06-15
|
Type |
Motion
|
Subtype |
Ext of Time (Initial Brief-Merit)
|
Description |
MOTION-EXT OF TIME (INITIAL BRIEF-MERITS) ~ UNOPPOSED MOTION FOR EXTENSION OF TIME
|
On Behalf Of |
University of Florida Board of Trustees
|
View |
View File
|
|
Docket Date |
2022-06-14
|
Type |
Record
|
Subtype |
Record/Transcript
|
Description |
RECORD ~ CERTIFIED COPIES OF APPEAL PAPERS * Record filed electronically *
|
On Behalf Of |
1DCA Clerk
|
|
Docket Date |
2022-06-07
|
Type |
Order
|
Subtype |
Amicus Curiae
|
Description |
ORDER-AMICUS CURIAE GR ~ The motion for leave to file brief as amicus curiae filed by the Florida Defense Lawyers Association is hereby granted and they are allowed to file brief only in support of petitioner. The brief by the above referenced amicus curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
|
View |
View File
|
|
Docket Date |
2022-06-07
|
Type |
Motion
|
Subtype |
Amicus Curiae
|
Description |
MOTION-AMICUS CURIAE ~ FLORIDA DEFENSE LAWYERS ASSOCIATION'SMOTION FOR LEAVE TO APPEAR AS AMICUS CURIAEIN SUPPORT OF PETITIONERS
|
On Behalf Of |
Florida Defense Lawyers Association
|
View |
View File
|
|
Docket Date |
2022-05-25
|
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 June 29, 2022; respondent's answer brief on the merits must be served thirty days after service of petitioner's initial brief on the merits; petitioner's reply brief on the merits must be served thirty days after service of respondent's answer brief on the merits; and respondent's cross-reply brief on the merits, if authorized, must be served thirty days after service of petitioner's reply brief on the merits.The Clerk of the First District Court of Appeal must file the record which must be properly indexed and paginated on or before June 20, 2022. 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.
|
View |
View File
|
|
Docket Date |
2022-04-25
|
Type |
Brief
|
Subtype |
Juris Answer
|
Description |
JURIS ANSWER BRIEF ~ Respondent's Answer Brief on Jurisdiction
|
On Behalf Of |
Laurie Carmody
|
View |
View File
|
|
Docket Date |
2022-03-24
|
Type |
Motion
|
Subtype |
Ext of Time (Juris Brief)
|
Description |
MOTION-EXT OF TIME (JURIS BRIEF) ~ AGREED MOTION FOR EXTENSION OF TIME TO FILERESPONDENT'S BRIEF ON JURISDICTION
|
On Behalf Of |
Laurie Carmody
|
View |
View File
|
|
Docket Date |
2022-03-24
|
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 April 25, 2022, 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.
|
View |
View File
|
|
Docket Date |
2022-02-28
|
Type |
Motion
|
Subtype |
Request-Oral Argument
|
Description |
REQUEST-ORAL ARGUMENT ~ REQUEST-ORAL ARGUMENT
|
On Behalf Of |
University of Florida Board of Trustees
|
View |
View File
|
|
Docket Date |
2022-02-28
|
Type |
Notice
|
Subtype |
Amicus Curiae Intent to Appear
|
Description |
NOTICE-AMICUS CURIAE INTENT TO APPEAR ~ FLORIDA DEFENSE LAWYERS ASSOCIATION'SNOTICE OF INTENT TO APPEAR AS AMICUS CURIAEON BEHALF OF THE PETITIONERS
|
On Behalf Of |
Florida Defense Lawyers Association
|
View |
View File
|
|
Docket Date |
2022-02-28
|
Type |
Brief
|
Subtype |
Appendix-Juris
|
Description |
APPENDIX-JURIS BRIEF ~ APPENDIX TO PETITIONERS' BRIEF ON JURISDICTION
|
On Behalf Of |
University of Florida Board of Trustees
|
View |
View File
|
|
Docket Date |
2022-01-25
|
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 February 28, 2022, 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
|
View |
View File
|
|
Docket Date |
2022-01-24
|
Type |
Motion
|
Subtype |
Ext of Time (Juris Brief)
|
Description |
MOTION-EXT OF TIME (JURIS BRIEF) ~ UNOPPOSED MOTION FOR EXTENSION OF TIME
|
On Behalf Of |
University of Florida Board of Trustees
|
View |
View File
|
|
Docket Date |
2022-01-18
|
Type |
Event
|
Subtype |
Fee Paid Through Portal
|
Description |
Fee Paid Through Portal
|
|
Docket Date |
2022-01-14
|
Type |
Notice
|
Subtype |
Invoke Discretionary Jurisdiction
|
Description |
NOTICE-DISCRETIONARY JURIS (CERT DIRECT CONFLICT)
|
On Behalf Of |
University of Florida Board of Trustees
|
View |
View File
|
|
Docket Date |
2022-01-14
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
Docket Date |
2022-01-14
|
Type |
Miscellaneous Document
|
Subtype |
Pay Case Filing Fee-300
|
Description |
PAY CASE FILING FEE-300
|
On Behalf Of |
University of Florida Board of Trustees
|
View |
View File
|
|
Docket Date |
2022-01-14
|
Type |
Letter-Case
|
Subtype |
Acknowledgment Letter-New Case-Pay Fee
|
Description |
ACKNOWLEDGMENT LETTER-NEW CASE-PAY FEE
|
View |
View File
|
|
|
WILLIAM BOYLE VS MYLES RUBIN SAMOTIN, M.D., ET AL.
|
SC2020-1399
|
2020-09-24
|
Closed
|
|
Classification |
Discretionary Review - Notice to Invoke - Certified Direct Conflict
|
Court |
Supreme Court of Florida
|
Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Collier County
2D18-2932
Circuit Court for the Twentieth Judicial Circuit, Collier County
112016CA0023080001XX
|
Parties
Name |
WILLIAM BOYLE, INC.
|
Role |
Petitioner
|
Status |
Active
|
Representations |
Landis V. Curry III, J. Scott Murphy
|
|
Name |
Myles Rubin Samotin, M.D.
|
Role |
Respondent
|
Status |
Active
|
Representations |
Kirsten K. Ullman, Brian M. Bursa
|
|
Name |
MYLES RUBIN SAMOTIN, M.D., P.A.
|
Role |
Respondent
|
Status |
Active
|
|
Name |
Samotin Orthopaedics
|
Role |
Respondent
|
Status |
Active
|
|
Name |
FLORIDA DEFENSE LAWYERS ASSOCIATION, INC.
|
Role |
Amicus - Respondent
|
Status |
Active
|
Representations |
Kansas R. Gooden
|
|
Name |
FLORIDA HOSPITAL ASSOCIATION, INC.
|
Role |
Amicus - Respondent
|
Status |
Active
|
Representations |
Mr. Andrew S. Bolin
|
|
Name |
FLORIDA MEDICAL ASSOCIATION, INC.
|
Role |
Amicus - Respondent
|
Status |
Active
|
|
Name |
Hon. Lauren L. Brodie
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Hon. Mary Beth Kuenzel
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Name |
Hon. Crystal K. Kinzel
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2022-05-12
|
Type |
Mandate
|
Subtype |
Mandate Issued
|
Description |
MANDATE
|
|
Docket Date |
2022-05-12
|
Type |
Miscellaneous Document
|
Subtype |
Publish Full
|
Description |
PUBLISH FULL
|
View |
View File
|
|
Docket Date |
2022-04-21
|
Type |
Disposition
|
Subtype |
Quashed
|
Description |
DISP-QUASHED ~ FSC-OPINION: We hold that under section 766.106, Florida Statutes (2018), and Florida Rule of Civil Procedure 1.650, it is the timely mailing of the presuit notice of intent to initiate litigation, not the receipt of the notice, that begins the tolling of the applicable limitations period for filing a complaint for medical negligence. Accordingly, we quash the Second District's decision in Boyle, and we approve the certified conflict cases of Zacker and Baxter to the extent they are consistent with this opinion. It is so ordered.
|
View |
View File
|
|
Docket Date |
2021-03-24
|
Type |
Brief
|
Subtype |
Reply-Merit
|
Description |
REPLY BRIEF-MERITS
|
On Behalf Of |
William Boyle
|
View |
View File
|
|
Docket Date |
2021-03-17
|
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 March 29, 2021, 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 |
2021-03-17
|
Type |
Motion
|
Subtype |
Ext of Time (Reply Brief-Merit)
|
Description |
MOTION-EXT OF TIME (REPLY BRIEF-MERITS) ~ Petitioner's Unopposed Motion for Extensionof Time to Serve Reply Brief on the Merits
|
On Behalf Of |
William Boyle
|
View |
View File
|
|
Docket Date |
2021-03-02
|
Type |
Order
|
Subtype |
Brief Stricken
|
Description |
ORDER-BRIEF STRICKEN ~ In light of the filing of amici curiae Florida Hospital Association and Florida Medical Association's amended brief filed with this Court on March 2, 2021, it is ordered that Florida Hospital Association and Florida Medical Association's brief filed with this Court on March 1, 2021, is hereby stricken.
|
|
Docket Date |
2021-03-02
|
Type |
Brief
|
Subtype |
Amicus Curiae Initial (Amended)
|
Description |
AMICUS CURIAE INITIAL AMD BRIEF-MERITS ~ Amicus Curiae Brief of the Florida Hospital Association and Florida Medical Association
|
On Behalf Of |
Florida Hospital Association
|
View |
View File
|
|
Docket Date |
2021-03-01
|
Type |
Brief
|
Subtype |
Amicus Curiae Initial
|
Description |
AMICUS CURIAE INITIAL BRIEF-MERITS ~ Amicus Curiae Brief of the Florida Hospital Association and Florida Medical Association **Does not contain Certificate of Compliance - Stricken 3/2/21, in light of amended brief filed.**
|
On Behalf Of |
Florida Hospital Association
|
View |
View File
|
|
Docket Date |
2021-02-18
|
Type |
Brief
|
Subtype |
Answer-Merit
|
Description |
ANSWER BRIEF-MERITS
|
On Behalf Of |
Myles Rubin Samotin, M.D.
|
View |
View File
|
|
Docket Date |
2021-02-08
|
Type |
Notice
|
Subtype |
Appearance
|
Description |
NOTICE-APPEARANCE
|
On Behalf Of |
Myles Rubin Samotin, M.D.
|
View |
View File
|
|
Docket Date |
2021-01-19
|
Type |
Brief
|
Subtype |
Initial-Merit
|
Description |
INITIAL BRIEF-MERITS
|
On Behalf Of |
William Boyle
|
View |
View File
|
|
Docket Date |
2021-01-08
|
Type |
Record
|
Subtype |
Record/Transcript
|
Description |
RECORD ~ 1 VOLUME RECORD ON APPEAL (VOLUME 1) - Filed Electronically
|
On Behalf Of |
Hon. Mary Beth Kuenzel
|
|
Docket Date |
2021-01-07
|
Type |
Order
|
Subtype |
Amicus Curiae
|
Description |
ORDER-AMICUS CURIAE GR ~ The motion for leave to file brief as amicus curiae filed by Florida Defense Lawyers Association is hereby granted and they are allowed to file brief only in support of respondents. The brief by the above referenced amicus curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
|
|
Docket Date |
2021-01-06
|
Type |
Order
|
Subtype |
Amicus Curiae
|
Description |
ORDER-AMICUS CURIAE GR ~ The motion for leave to file brief as amicus curiae filed by Florida Hospital Association, and Florida Medical Association, is hereby granted and they are allowed to file brief only in support of respondents. The brief by the above referenced amicus curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
|
|
Docket Date |
2021-01-06
|
Type |
Motion
|
Subtype |
Amicus Curiae
|
Description |
MOTION-AMICUS CURIAE
|
On Behalf Of |
Florida Defense Lawyers Association
|
View |
View File
|
|
Docket Date |
2021-01-05
|
Type |
Motion
|
Subtype |
Amicus Curiae
|
Description |
MOTION-AMICUS CURIAE
|
On Behalf Of |
Florida Hospital Association
|
View |
View File
|
|
Docket Date |
2020-12-14
|
Type |
Motion
|
Subtype |
Ext of Time (Initial Brief-Merit)
|
Description |
MOTION-EXT OF TIME (INITIAL BRIEF-MERITS)
|
On Behalf Of |
William Boyle
|
View |
View File
|
|
Docket Date |
2020-12-14
|
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 January 19, 2021, 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 |
2020-12-08
|
Type |
Order
|
Subtype |
No Req & Brief Sched/Juris Accepted
|
Description |
ORDER-NO REQ&BRIEF SCHED/JURIS ACCEPTED ~ The Court accepts jurisdiction.Petitioner's brief on the merits shall be served on or before December 28, 2020; respondent's brief on the merits shall be served thirty days after service of petitioner's brief on the merits; and petitioner's reply brief on the merits shall be served thirty days after service of respondent's brief on the merits.The Clerk of the Second District Court of Appeal shall file the record which shall be properly indexed and paginated on or before February 8, 2021. The Clerk may provide the record in the format as currently maintained at the district court, either paper or electronic. The Court dispenses with oral argument pursuant to Florida Rule of Appellate Procedure 9.320.
|
|
Docket Date |
2020-11-02
|
Type |
Order
|
Subtype |
Brief Non-Filing (Answer Brief)
|
Description |
ORDER-BRIEF NON-FILING (ANSWER BRIEF) ~ Counsel for respondent having not filed an answer brief, the above case has been submitted to the Court for consideration.
|
|
Docket Date |
2020-10-14
|
Type |
Order
|
Subtype |
Vacate
|
Description |
ORDER-VACATE ~ The order of this Court dated October 8, 2020, directing the petitioner to submit the filing fee, or an order of insolvency, or a proper motion for leave to proceed in forma pauperis, is hereby vacated. The filing fee was received by the Second District Court of Appeal on September 25, 2020.
|
|
Docket Date |
2020-10-08
|
Type |
Order
|
Subtype |
Filing Fee Due
|
Description |
ORDER-FILING FEE DUE ~ The jurisdiction of this Court was invoked by the filing of a Notice to Invoke Discretionary Jurisdiction in the lower tribunal; however, said notice was not accompanied by the $300.00 filing fee or an order of insolvency from the district court of appeal as required by Florida Rules of Appellate Procedure 9.110(b) and 9.120(b). The filing fee is due and payable at the time of filing the notice. Petitioner is allowed to and including November 9, 2020, in which to submit the filing fee, or an order of insolvency, or a proper motion for leave to proceed in forma pauperis that complies with sections 57.081 and 57.082, Florida Statutes (2013). Failure to submit the filing fee or one of the above referenced documents to this Court could result in the imposition of sanctions, including dismissal of the notice.Please understand that once this case is dismissed, it is not subject to reinstatement. (10/14/20 VACATED)
|
|
Docket Date |
2020-09-30
|
Type |
Brief
|
Subtype |
Juris Initial
|
Description |
JURIS INITIAL BRIEF
|
On Behalf Of |
William Boyle
|
View |
View File
|
|
Docket Date |
2020-09-25
|
Type |
Event
|
Subtype |
Fee Transferred From L.T.
|
Description |
Fee Transferred From L.T.
|
|
Docket Date |
2020-09-24
|
Type |
Letter-Case
|
Subtype |
Acknowledgment Letter-New Case-Pay Fee
|
Description |
ACKNOWLEDGMENT LETTER-NEW CASE-PAY FEE
|
|
Docket Date |
2020-09-24
|
Type |
Notice
|
Subtype |
Invoke Discretionary Jurisdiction
|
Description |
NOTICE-DISCRETIONARY JURIS (CERT DIRECT CONFLICT)
|
On Behalf Of |
William Boyle
|
View |
View File
|
|
Docket Date |
2020-09-24
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
PT:Fee Transferred From L.T.
|
|
|
SANDRA SANTIAGO, ET AL. VS FRANCISCO A. RODRIGUEZ, M.D.
|
SC2019-1909
|
2019-11-12
|
Closed
|
|
Classification |
Discretionary Review - Notice to Invoke - Certified Great Public Importance
|
Court |
Supreme Court of Florida
|
Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Lee County
362017CA002624A001CH
Circuit Court for the Twentieth Judicial Circuit, Lee County
2D18-3114
|
Parties
Name |
Sandra Santiago
|
Role |
Petitioner
|
Status |
Active
|
Representations |
William M. Powell, Mr. Michael March Brownlee
|
|
Name |
Francisco A. Rodriguez, M.D.
|
Role |
Respondent
|
Status |
Active
|
Representations |
Mr. Isaac R. Ruiz-Carus, R. Clifton Acord
|
|
Name |
FLORIDA MEDICAL ASSOCIATION, INC.
|
Role |
Amicus - Respondent
|
Status |
Active
|
Representations |
Mark Hicks, Dinah Stein
|
|
Name |
FLORIDA DEFENSE LAWYERS ASSOCIATION, INC.
|
Role |
Amicus - Respondent
|
Status |
Active
|
Representations |
Kansas R. Gooden
|
|
Name |
Hon. John Earle Duryea Jr.
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Linda Doggett
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Name |
Hon. Mary Beth Kuenzel
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Name |
Estate of Ramona Reyes
|
Role |
Petitioner
|
Status |
Active
|
|
Name |
Norma Caceres
|
Role |
Petitioner
|
Status |
Active
|
|
Docket Entries
Docket Date |
2019-12-10
|
Type |
Record
|
Subtype |
Record/Transcript
|
Description |
RECORD ~ Certified Copies of Appeal Papers - Filed electronically
|
On Behalf Of |
Hon. Mary Beth Kuenzel
|
|
Docket Date |
2020-02-26
|
Type |
Disposition
|
Subtype |
Dism Voluntary
|
Description |
DISP-DISMISSED-VOLUNTARY ~ Petitioner having filed a proper notice of dismissal pursuant to Florida Rule of Appellate Procedure 9.350(b), it is ordered that the petition for review is hereby voluntarily dismissed.
|
|
Docket Date |
2020-02-06
|
Type |
Motion
|
Subtype |
Notice-Dismiss (Voluntary)
|
Description |
NOTICE-DISMISS (VOLUNTARY) ~ NOTICE OF VOLUNTARY DISMISSAL
|
On Behalf Of |
Sandra Santiago
|
View |
View File
|
|
Docket Date |
2020-01-13
|
Type |
Motion
|
Subtype |
Ext of Time (Initial Brief-Merit)
|
Description |
MOTION-EXT OF TIME (INITIAL BRIEF-MERITS)
|
On Behalf Of |
Sandra Santiago
|
View |
View File
|
|
Docket Date |
2020-01-13
|
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 February 14, 2020, 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 |
2020-01-08
|
Type |
Order
|
Subtype |
Amicus Curiae
|
Description |
ORDER-AMICUS CURIAE GR ~ The motion for leave to file brief as amicus curiae filed by Florida Defense Lawyers Association is hereby granted and they are allowed to file brief only in support of Respondent. The brief by the above referenced amicus curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
|
|
Docket Date |
2020-01-07
|
Type |
Motion
|
Subtype |
Amicus Curiae
|
Description |
MOTION-AMICUS CURIAE ~ FLORIDA DEFENSE LAWYERS ASSOCIATION'SMOTION FOR LEAVE TO APPEAR AS AMICUS CURIAEON BEHALF OF THE RESPONDENT
|
On Behalf Of |
Florida Defense Lawyers Association
|
View |
View File
|
|
Docket Date |
2019-12-30
|
Type |
Order
|
Subtype |
Amicus Curiae
|
Description |
ORDER-AMICUS CURIAE GR ~ The motion for leave to file brief as amicus curiae filed by Florida Medical Association is hereby granted and they are allowed to file brief only in support of Respondent. The brief by the above referenced amicus curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
|
|
Docket Date |
2019-12-27
|
Type |
Motion
|
Subtype |
Amicus Curiae
|
Description |
MOTION-AMICUS CURIAE ~ FLORIDA MEDICAL ASSOCIATION'S MOTION FOR LEAVE TO APPEAR AS AMICUS CURIAE IN SUPPORT OF RESPONDENT
|
On Behalf Of |
Florida Medical Association
|
View |
View File
|
|
Docket Date |
2019-12-13
|
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 January 27, 2020, 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 |
2019-12-12
|
Type |
Motion
|
Subtype |
Ext of Time (Initial Brief-Merit)
|
Description |
MOTION-EXT OF TIME (INITIAL BRIEF-MERITS) ~ PETITIONERS' UNOPPOSED MOTION FOR EXTENSIONOF TIME TO FILE MERITS BRIEF
|
On Behalf Of |
Sandra Santiago
|
View |
View File
|
|
Docket Date |
2019-12-09
|
Type |
Notice
|
Subtype |
Appearance
|
Description |
NOTICE-APPEARANCE ~ NOTICE OF APPEARANCE ANDDESIGNATION OF EMAIL ADDRESSES
|
On Behalf Of |
Sandra Santiago
|
View |
View File
|
|
Docket Date |
2019-12-04
|
Type |
Notice
|
Subtype |
Appearance
|
Description |
NOTICE-APPEARANCE
|
On Behalf Of |
Francisco A. Rodriguez, M.D.
|
View |
View File
|
|
Docket Date |
2019-11-13
|
Type |
Event
|
Subtype |
Fee Paid Through Portal
|
Description |
Fee Paid Through Portal
|
|
Docket Date |
2019-11-12
|
Type |
Letter-Case
|
Subtype |
Acknowledgment Letter-New Case-Pay Fee
|
Description |
ACKNOWLEDGMENT LETTER-NEW CASE-PAY FEE
|
|
Docket Date |
2019-11-12
|
Type |
Miscellaneous Document
|
Subtype |
Pay Case Filing Fee-300
|
Description |
PAY CASE FILING FEE-300
|
View |
View File
|
|
Docket Date |
2019-11-12
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
Docket Date |
2019-11-12
|
Type |
Notice
|
Subtype |
Invoke Discretionary Jurisdiction
|
Description |
NOTICE-DISCRETIONARY JURIS (CERT GPI)
|
On Behalf Of |
Sandra Santiago
|
View |
View File
|
|
Docket Date |
2019-12-04
|
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 December 24, 2019; respondent's answer brief on the merits must be served thirty days after service of petitioner's initial brief on the merits; and petitioner's reply brief on the merits must be served thirty days after service of respondent's answer brief on the merits.The Clerk of the Second District Court of Appeal must file the record which must be properly indexed and paginated on or before February 3, 2020. The Clerk may provide the record in the format as currently maintained at the district court, either paper or electronic.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.
|
|
|
MRI ASSOCIATES OF TAMPA, INC., ETC. VS STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
|
SC2018-1390
|
2018-08-15
|
Closed
|
|
Classification |
Discretionary Review - Notice to Invoke - Dual Basis Combination
|
Court |
Supreme Court of Florida
|
Originating Court |
Circuit Court for the Thirteenth Judicial Circuit, Hillsborough County
292014CA008634A001HC
Circuit Court for the Thirteenth Judicial Circuit, Hillsborough County
2D16-4036
|
Parties
Name |
D/B/A Park Place MRI
|
Role |
Petitioner
|
Status |
Active
|
|
Name |
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
|
Role |
Respondent
|
Status |
Active
|
Representations |
Marcy L. Aldrich, Chris W. Altenbernd, D. Matthew Allen, Nancy A. Copperthwaite, Kenneth P. Hazouri
|
|
Name |
FLORIDA MEDICAL ASSOCIATION, INC.
|
Role |
Amicus - Petitioner
|
Status |
Active
|
Representations |
Edward Herbert Zebersky, Lawrence M. Kopelman
|
|
Name |
FLORIDIANS FOR FAIR INSURANCE, INC.
|
Role |
Amicus - Petitioner
|
Status |
Active
|
Representations |
Melisa L. Coyle, Kenneth John Dorchak, Mac S. Phillips, Stuart Lee Koenigsberg
|
|
Name |
PERSONAL INSURANCE FEDERATION OF FLORIDA, INC.
|
Role |
Amicus - Respondent
|
Status |
Active
|
Representations |
L. Michael Billmeier Jr., Maria Elena Abate
|
|
Name |
AMERICAN PROPERTY CASUALTY INSURANCE ASSOCIATION "CORP."
|
Role |
Amicus - Respondent
|
Status |
Active
|
Representations |
Maria Elena Abate, L. Michael Billmeier Jr.
|
|
Name |
Hon. Mary Beth Kuenzel
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Name |
Hon. Cindy Stuart
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Name |
MRI ASSOCIATES OF TAMPA, INC.
|
Role |
Petitioner
|
Status |
Active
|
Representations |
Scott Jeeves, David M. Caldevilla, Craig E. Rothburd, John V. Orrick Jr., Stuart C. Markman, Kristin A. Norse
|
|
Docket Entries
Docket Date |
2022-03-21
|
Type |
Miscellaneous Document
|
Subtype |
Publish Full
|
Description |
PUBLISH FULL
|
View |
View File
|
|
Docket Date |
2022-03-11
|
Type |
Mandate
|
Subtype |
Mandate Issued
|
Description |
MANDATE
|
|
Docket Date |
2022-03-10
|
Type |
Order
|
Subtype |
Stay Proceedings USSC
|
Description |
ORDER-STAY PROCEEDINGS USSC DY ~ PETITIONER'S MOTION TO EXTEND STAY PENDING REVIEW BY U.S. SUPREME COURT
|
|
Docket Date |
2022-01-31
|
Type |
Motion
|
Subtype |
Stay (USSC Application Review)
|
Description |
MOTION-STAY (USSC APPLICATION REVIEW) ~ PETITIONER'S MOTION TO STAY MANDATEPENDING REVIEW BY U.S. SUPREME COURT
|
On Behalf Of |
MRI Associates of Tampa, Inc.
|
View |
View File
|
|
Docket Date |
2022-01-19
|
Type |
Disposition
|
Subtype |
**DISP-REHEARING
|
Description |
DISP-REHEARING DY ~ Petitioner's Motion for Rehearing or Clarification is hereby denied.
|
|
Docket Date |
2022-01-13
|
Type |
Notice
|
Subtype |
Supplemental Authority
|
Description |
NOTICE-SUPPLEMENTAL AUTHORITY ~ PETITIONER'S NOTICE OF SUPPLEMENTAL AUTHORITYCONCERNING PETITIONER'S MOTION FOR REHEARINGOR CLARIFICATION. AND STATE FARM'S RESPONSE
|
On Behalf Of |
MRI Associates of Tampa, Inc.
|
View |
View File
|
|
Docket Date |
2022-01-10
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ STATE FARM'S RESPONSETO PETITIONER'S MOTIONFOR REHEARING OR CLARIFICATION
|
On Behalf Of |
State Farm Mutual Automobile Insurance Company
|
View |
View File
|
|
Docket Date |
2021-12-27
|
Type |
Motion
|
Subtype |
Rehearing
|
Description |
MOTION-REHEARING ~ Petitioner's Motion for Rehearing or Clarification
|
On Behalf Of |
MRI Associates of Tampa, Inc.
|
View |
View File
|
|
Docket Date |
2021-12-09
|
Type |
Order
|
Subtype |
Atty Fees DY (J/M/O)
|
Description |
ORDER-ATTY FEES DY (J/M/O) ~ Petitioner's motion for attorney's fees is hereby denied.
|
|
Docket Date |
2021-12-09
|
Type |
Disposition
|
Subtype |
Approved
|
Description |
DISP-APPROVED ~ FSC-OPINION: We therefore reject the argument that State Farm has used a prohibited hybrid-payment methodology, and we approve the result reached by the Second District. No basis has been presented for invalidating State Farm's election of the limitations of the schedule of maximum charges. It is so ordered.
|
View |
View File
|
|
Docket Date |
2021-12-06
|
Type |
Notice
|
Subtype |
Supplemental Authority
|
Description |
NOTICE-SUPPLEMENTAL AUTHORITY ~ STATE FARM'S NOTICE OF SUPPLEMENTAL AUTHORITY
|
On Behalf Of |
State Farm Mutual Automobile Insurance Company
|
View |
View File
|
|
Docket Date |
2021-12-02
|
Type |
Notice
|
Subtype |
Supplemental Authority
|
Description |
NOTICE-SUPPLEMENTAL AUTHORITY ~ Petitioner's Third Notice of Supplemental Authority
|
On Behalf Of |
MRI Associates of Tampa, Inc.
|
View |
View File
|
|
Docket Date |
2021-09-22
|
Type |
Notice
|
Subtype |
Supplemental Authority
|
Description |
NOTICE-SUPPLEMENTAL AUTHORITY ~ PETITIONER'S SECOND NOTICE OF SUPPLEMENTAL AUTHORITY
|
On Behalf Of |
MRI Associates of Tampa, Inc.
|
View |
View File
|
|
Docket Date |
2020-05-06
|
Type |
Event
|
Subtype |
Oral Argument Held
|
Description |
ORAL ARGUMENT HELD
|
|
Docket Date |
2020-05-01
|
Type |
Notice
|
Subtype |
Supplemental Authority
|
Description |
NOTICE-SUPPLEMENTAL AUTHORITY
|
On Behalf Of |
MRI Associates of Tampa, Inc.
|
View |
View File
|
|
Docket Date |
2020-04-24
|
Type |
Order
|
Subtype |
Brief Amendment
|
Description |
ORDER-BRIEF AMENDMENT GR ~ Petitioner's motion to file amended initial brief is granted and said amended brief was filed with this Court on April 23, 2020. Petitioner's amended initial brief filed with this Court on August 12, 2020, is hereby stricken.
|
|
Docket Date |
2020-04-23
|
Type |
Order
|
Subtype |
Notice of Scrivener's Error
|
Description |
ORDER-NOTICE SCRIVENER'S ERROR ~ Petitioner's notice of scrivener's error(s) has been docketed and placed with the above styled case without consideration by the Court. In the event petitioner wishes the Court to consider the scrivener's error(s) referenced in the notice, a motion for permission to file an amended initial brief on the merits and the amended initial brief on the merits itself, which corrects the scrivener's error(s), must be immediately filed with this Court.
|
|
Docket Date |
2020-04-23
|
Type |
Motion
|
Subtype |
Brief Amendment
|
Description |
MOTION-BRIEF AMENDMENT ~ PETITIONER'S MOTION TO FILE CORRECTED AMENDED INITIAL BRIEFTO CORRECT SCRIVENER'S ERROR
|
On Behalf Of |
MRI Associates of Tampa, Inc.
|
View |
View File
|
|
Docket Date |
2020-04-23
|
Type |
Notice
|
Subtype |
Scrivener's Error
|
Description |
NOTICE-SCRIVENER'S ERROR ~ Petitioner's Notice of Scrivener's Error in Amended Initial Brief
|
On Behalf Of |
MRI Associates of Tampa, Inc.
|
View |
View File
|
|
Docket Date |
2020-04-13
|
Type |
Order
|
Subtype |
Oral Argument Calendar Dispense/Removal DY
|
Description |
ORDER-ORAL ARGUMENT CALENDAR DISPENSE/REMOVAL DY ~ Petitioner's Motion to Dispense with Oral Arguments is hereby denied.
|
|
Docket Date |
2020-04-08
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE
|
On Behalf Of |
State Farm Mutual Automobile Insurance Company
|
View |
View File
|
|
Docket Date |
2020-04-07
|
Type |
Motion
|
Subtype |
Oral Argument Dispense/Removal
|
Description |
MOTION-ORAL ARGUMENT DISPENSE/REMOVAL ~ PETITIONER'S MOTION TO DISPENSE WITH ORAL ARGUMENTS
|
On Behalf Of |
MRI Associates of Tampa, Inc.
|
View |
View File
|
|
Docket Date |
2020-01-24
|
Type |
Order
|
Subtype |
Oral Argument Reschedule
|
Description |
ORDER-ORAL ARGUMENT RESCHEDULE GR ~ State Farm's Unopposed Motion to Continue Oral Argument is granted and the above case which was scheduled for oral argument on Wednesday, April 1, 2020, has been rescheduled for oral argument at 9:00 a.m., Wednesday, May 6, 2020. 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 |
2020-01-22
|
Type |
Motion
|
Subtype |
Oral Argument Reschedule
|
Description |
MOTION-ORAL ARGUMENT RESCHEDULE ~ State Farm's Unopposed Motion to Continue Oral Argument
|
On Behalf Of |
State Farm Mutual Automobile Insurance Company
|
View |
View File
|
|
Docket Date |
2020-01-17
|
Type |
Order
|
Subtype |
OA Schedule
|
Description |
ORDER-OA SCHED ~ The above case is hereby scheduled for oral argument at 9:00 a.m., Wednesday, April 1, 2020. 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 |
2020-01-06
|
Type |
Order
|
Subtype |
Brief Enlargement
|
Description |
ORDER-BRIEF PAGE ENLARGEMENT GR ~ Petitioner's Unopposed Motion to Expand Page-Limit for Reply Brief is hereby granted and said brief consisting of 16 pages was filed with this Court on January 3, 2020.
|
|
Docket Date |
2020-01-03
|
Type |
Motion
|
Subtype |
Toll Time
|
Description |
MOTION-TOLL TIME ~ Petitioner's Request to Toll Time
|
On Behalf Of |
MRI Associates of Tampa, Inc.
|
View |
View File
|
|
Docket Date |
2020-01-03
|
Type |
Brief
|
Subtype |
Reply-Merit
|
Description |
REPLY BRIEF-MERITS ~ Petitioner's Reply Brief on the Merits
|
On Behalf Of |
MRI Associates of Tampa, Inc.
|
View |
View File
|
|
Docket Date |
2019-11-21
|
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 January 6, 2020, 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 |
2019-11-20
|
Type |
Motion
|
Subtype |
Toll Time
|
Description |
MOTION-TOLL TIME ~ Petitioner's Request to Toll Time
|
On Behalf Of |
MRI Associates of Tampa, Inc.
|
View |
View File
|
|
Docket Date |
2019-11-06
|
Type |
Order
|
Subtype |
Amicus Curiae
|
Description |
ORDER-AMICUS CURIAE GR ~ The motion for leave to file brief as amici curiae filed by American Property Casualty Insurance Association and Personal Insurance Federation of Florida is hereby granted and they are allowed to file brief only in support of respondent. The brief by the above referenced amici curiae was filed with this Court on November 6, 2019.
|
|
Docket Date |
2019-11-06
|
Type |
Motion
|
Subtype |
Amicus Curiae
|
Description |
MOTION-AMICUS CURIAE ~ Motion of American Property Casualty Insurance and Personal Insurance Federation of Florida for Leave to File an Amici Curiae Brief in Support of Respondent
|
On Behalf Of |
American Property Casualty Insurance Association
|
View |
View File
|
|
Docket Date |
2019-11-06
|
Type |
Brief
|
Subtype |
Amicus Curiae Answer
|
Description |
AMICUS CURIAE ANSWER BRIEF-MERITS ~ Brief of Amici Curiae American Property Casualty Insurance Association and Personal Insurance Federation of Florida in Support of Respondent
|
On Behalf Of |
American Property Casualty Insurance Association
|
View |
View File
|
|
Docket Date |
2019-10-25
|
Type |
Brief
|
Subtype |
Answer-Merit
|
Description |
ANSWER BRIEF-MERITS ~ Answer Brief
|
On Behalf Of |
State Farm Mutual Automobile Insurance Company
|
View |
View File
|
|
Docket Date |
2019-10-03
|
Type |
Motion
|
Subtype |
Toll Time
|
Description |
MOTION-TOLL TIME ~ State Farm's Request to Toll Time
|
On Behalf Of |
State Farm Mutual Automobile Insurance Company
|
View |
View File
|
|
Docket Date |
2019-10-03
|
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 October 25, 2019, 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 |
2019-08-21
|
Type |
Order
|
Subtype |
Extension of Time (Merits Brief)
|
Description |
ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS) ~ Respondent's amended motion for extension of time is granted, and respondent is allowed to and including October 11, 2019, 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 |
2019-08-20
|
Type |
Motion
|
Subtype |
Toll Time
|
Description |
MOTION-TOLL TIME ~ State Farm's Request to Toll Time
|
On Behalf Of |
State Farm Mutual Automobile Insurance Company
|
View |
View File
|
|
Docket Date |
2019-08-16
|
Type |
Order
|
Subtype |
Amicus Curiae
|
Description |
ORDER-AMICUS CURIAE GR ~ The motion for leave to file brief as amicus curiae filed by The Florida 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 August 15, 2019.
|
|
Docket Date |
2019-08-15
|
Type |
Brief
|
Subtype |
Amicus Curiae Initial
|
Description |
AMICUS CURIAE INITIAL BRIEF-MERITS ~ Brief of Amicus Curiae Florida Medical Association
|
On Behalf Of |
Florida Medical Association
|
View |
View File
|
|
Docket Date |
2019-08-15
|
Type |
Motion
|
Subtype |
Amicus Curiae
|
Description |
MOTION-AMICUS CURIAE ~ The Florida Medical Association's Motion for Leave to File an Amicus Curiae Brief on Behalf of Petitioner
|
On Behalf Of |
Florida Medical Association
|
View |
View File
|
|
Docket Date |
2019-08-13
|
Type |
Order
|
Subtype |
Brief Amendment
|
Description |
ORDER-BRIEF AMENDMENT GR ~ Petitioner's Unopposed Motion to File Amended Initial Brief on the Merits is granted and said amended brief was filed with this Court on August 12, 2019. Petitioner's initial merit brief filed with this Court on August 6, 2019, is hereby stricken.
|
|
Docket Date |
2019-08-13
|
Type |
Motion
|
Subtype |
Amicus Curiae
|
Description |
MOTION-AMICUS CURIAE ~ Floridians For Fair Insurance, Inc.'s Motion for Leave to File Amicus Curiae Brief in Support of Petitioner
|
On Behalf Of |
Floridians for Fair Insurance, Inc.
|
View |
View File
|
|
Docket Date |
2019-08-13
|
Type |
Brief
|
Subtype |
Amicus Curiae Initial
|
Description |
AMICUS CURIAE INITIAL BRIEF-MERITS ~ Floridians for Fair Insurance, Inc.'s Amicus Curiae Brief in Support of Petitioner
|
On Behalf Of |
Floridians for Fair Insurance, Inc.
|
View |
View File
|
|
Docket Date |
2019-08-12
|
Type |
Motion
|
Subtype |
Brief Amendment
|
Description |
MOTION-BRIEF AMENDMENT ~ Petitioner's Unopposed Motion to File Amended Initial Brief on the Merits
|
On Behalf Of |
MRI Associates of Tampa, Inc.
|
View |
View File
|
|
Docket Date |
2019-08-12
|
Type |
Brief
|
Subtype |
Initial-Merit (Amended)
|
Description |
INITIAL AMD BRIEF-MERITS ~ PETITIONER'S AMENDED INITIAL BRIEF ON THE MERITS *Brief stricken 4/24/20. Amended brief filed.*
|
On Behalf Of |
MRI Associates of Tampa, Inc.
|
View |
View File
|
|
Docket Date |
2019-08-06
|
Type |
Brief
|
Subtype |
Initial-Merit
|
Description |
INITIAL BRIEF-MERITS ~ PETITIONER'S INITIAL BRIEF ON THE MERITS*Brief stricken 8/13/2019. Amended brief filed.*
|
On Behalf Of |
MRI Associates of Tampa, Inc.
|
View |
View File
|
|
Docket Date |
2019-08-06
|
Type |
Motion
|
Subtype |
Attorney's Fees
|
Description |
MOTION-ATTORNEYS FEES ~ Petitioner's Motion for Appellate Attorney's Fees
|
On Behalf Of |
MRI Associates of Tampa, Inc.
|
View |
View File
|
|
Docket Date |
2019-07-29
|
Type |
Record
|
Subtype |
Record/Transcript
|
Description |
RECORD ~ 1 Volume ROA - Filed Electronically
|
On Behalf Of |
Hon. Mary Beth Kuenzel
|
|
Docket Date |
2018-10-15
|
Type |
Notice
|
Subtype |
Amicus Curiae Intent to Appear
|
Description |
NOTICE-AMICUS CURIAE INTENT TO APPEAR ~ Floridians for Fair Insurance, Inc.'s Notice of Intent to Seek Leave to File Amicus Curiae Brief in Support of Petitioner
|
On Behalf Of |
Floridians for Fair Insurance, Inc.
|
View |
View File
|
|
Docket Date |
2018-10-08
|
Type |
Brief
|
Subtype |
Juris Answer
|
Description |
JURIS ANSWER BRIEF
|
On Behalf Of |
State Farm Mutual Automobile Insurance Company
|
View |
View File
|
|
Docket Date |
2018-09-21
|
Type |
Order
|
Subtype |
Strike
|
Description |
ORDER-STRIKE DY ~ Respondent's Motion to Strike Amended Initial Brief is hereby denied. Respondent shall have to and including October 8, 2018, in which to serve the answer brief on jurisdiction. ***Amended 9/21/2018 to add answer brief due date.***
|
|
Docket Date |
2018-09-17
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ Petitioner's Response in Opposition to State Farm's Motion to Strike Amended Initial Brief on Jurisdiction
|
On Behalf Of |
MRI Associates of Tampa, Inc.
|
View |
View File
|
|
Docket Date |
2018-09-14
|
Type |
Order
|
Subtype |
Tolling
|
Description |
ORDER-TOLLING GR ~ Respondent's motion to toll time for filing the answer brief on jurisdiction is granted and the time for filing said brief is tolled pending resolution of respondent's Motion to Strike Amended Initial Brief.
|
|
Docket Date |
2018-09-13
|
Type |
Motion
|
Subtype |
Toll Time
|
Description |
MOTION-TOLL TIME ~ State Farm's Motion to Toll Time
|
On Behalf Of |
State Farm Mutual Automobile Insurance Company
|
View |
View File
|
|
Docket Date |
2018-09-05
|
Type |
Order
|
Subtype |
Brief Amendment
|
Description |
ORDER-BRIEF AMENDMENT GR ~ Petitioner's motion to file amended jurisdictional brief is granted and said amended brief was filed with this Court on September 4, 2018. Petitioner's jurisdictional brief filed with this Court on August 31, 2018, is hereby stricken.
|
|
Docket Date |
2018-09-04
|
Type |
Motion
|
Subtype |
Brief Amendment
|
Description |
MOTION-BRIEF AMENDMENT
|
On Behalf Of |
MRI Associates of Tampa, Inc.
|
View |
View File
|
|
Docket Date |
2018-09-04
|
Type |
Brief
|
Subtype |
Juris Initial (Amended)
|
Description |
JURIS INITIAL AMD BRIEF ~ Petitioners' Amended Initial Brief on Jurisdiction with appendix
|
On Behalf Of |
MRI Associates of Tampa, Inc.
|
View |
View File
|
|
Docket Date |
2018-08-31
|
Type |
Brief
|
Subtype |
Juris Initial
|
Description |
JURIS INITIAL BRIEF ~ Petitioners' Initial Brief on Jurisdiction with appendix -- Stricken September 5, 2018, in light of filing of amended brief.
|
On Behalf Of |
MRI Associates of Tampa, Inc.
|
View |
View File
|
|
Docket Date |
2018-08-23
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ State Farm's Objection to Notice of Related or Similar Cases
|
On Behalf Of |
State Farm Mutual Automobile Insurance Company
|
View |
View File
|
|
Docket Date |
2018-08-21
|
Type |
Event
|
Subtype |
Fee Paid Through Portal
|
Description |
Fee Paid Through Portal
|
|
Docket Date |
2018-08-21
|
Type |
Miscellaneous Document
|
Subtype |
Pay Case Filing Fee-300
|
Description |
PAY CASE FILING FEE-300
|
On Behalf Of |
MRI Associates of Tampa, Inc.
|
View |
View File
|
|
Docket Date |
2018-08-20
|
Type |
Notice
|
Subtype |
Related Case(s)
|
Description |
NOTICE-RELATED CASE(S)
|
On Behalf Of |
MRI Associates of Tampa, Inc.
|
View |
View File
|
|
Docket Date |
2018-08-20
|
Type |
Order
|
Subtype |
Brief Sched (Juris on Merit Case)
|
Description |
ORDER-BRIEF SCHED (JURIS ON MERIT CASE) ~ The Court has postponed its decision on jurisdiction. The parties are ordered to file jurisdictional briefs pursuant to Florida Rule of Appellate Procedure 9.120. Petitioner is directed to serve, on or before September 4, 2018, an initial brief on jurisdiction. Respondent shall have twenty days after service of petitioner's initial brief on jurisdiction in which to serve an answer brief on jurisdiction.
|
|
Docket Date |
2018-08-20
|
Type |
Letter-Case
|
Subtype |
Acknowledgment Letter-New Case-Pay Fee
|
Description |
ACKNOWLEDGMENT LETTER-NEW CASE-PAY FEE
|
|
Docket Date |
2018-08-15
|
Type |
Notice
|
Subtype |
Invoke Discretionary Jurisdiction (Cert. GPI/Direct Conflict of Decisions)
|
Description |
DUAL BASIS-NOTICE-DISCRE JURIS-DIRECT CONFLICT/CERT GPI
|
On Behalf Of |
MRI Associates of Tampa, Inc.
|
View |
View File
|
|
Docket Date |
2018-08-15
|
Type |
Letter-Case
|
Subtype |
Letter
|
Description |
LETTER ~ Filing Fee Letter
|
On Behalf Of |
MRI Associates of Tampa, Inc.
|
View |
View File
|
|
Docket Date |
2018-08-15
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
Docket Date |
2022-04-18
|
Type |
Miscellaneous Document
|
Subtype |
USSC Disp-Certiorari Denied
|
Description |
USSC Disp-Certiorari Dy ~ The Court today entered the following order in the above-entitled case: The petition for a writ of certiorari is denied. (Filed with FSC on 4/29/22)
|
View |
View File
|
|
Docket Date |
2022-03-08
|
Type |
Motion
|
Subtype |
Stay (USSC Application Review)
|
Description |
MOTION-STAY (USSC APPLICATION REVIEW) ~ PETITIONER'S MOTION TO EXTEND STAYPENDING REVIEW BY U.S. SUPREME COURT
|
On Behalf Of |
MRI Associates of Tampa, Inc.
|
View |
View File
|
|
Docket Date |
2022-02-07
|
Type |
Order
|
Subtype |
Stay Proceedings USSC
|
Description |
ORDER-STAY PROCEEDINGS USSC GR ~ Petitioner's motion for stay of proceeding is hereby granted in part and proceedings in this Court, in the Second District Court of Appeal and in the Circuit Court of the Thirteenth Judicial Circuit in and for Hillsborough County, Florida are hereby stayed only to and including March 9, 2022, to allow petitioner to seek review in the Supreme Court of the United States and obtain any further stay from that court.
|
|
Docket Date |
2022-02-04
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ State Farm's Response to Petitioner's Motion to Stay Mandate
|
On Behalf Of |
State Farm Mutual Automobile Insurance Company
|
View |
View File
|
|
Docket Date |
2020-04-23
|
Type |
Brief
|
Subtype |
Initial-Merit (Amended)
|
Description |
INITIAL AMD BRIEF-MERITS ~ PETITIONER'S CORRECTED AMENDED INITIAL BRIEF ON THEMERITS (correcting scrivener's errors on p. 12)
|
On Behalf Of |
MRI Associates of Tampa, Inc.
|
View |
View File
|
|
Docket Date |
2019-08-21
|
Type |
Motion
|
Subtype |
Ext of Time (Answer Brief-Merit)
|
Description |
MOTION-EXT OF TIME (ANSWER BRIEF-MERITS) ~ State Farm's Amended Motion for Extension of Time
|
On Behalf Of |
State Farm Mutual Automobile Insurance Company
|
View |
View File
|
|
Docket Date |
2019-07-17
|
Type |
Order
|
Subtype |
Dual Basis Juris Accept/Decline (OA Later Date)
|
Description |
ORDER-DUAL BASIS JURIS ACCEPT/DECLINE (OA LATER DATE) ~ The Court accepts jurisdiction of this case as to the Certified Great Public Importance.Petitioner's initial brief on the merits must be served on or before August 6, 2019; respondent's answer brief on the merits must be served thirty days after service of petitioner's initial brief on the merits; and petitioner's reply brief on the merits must be served thirty days after service of respondent's answer brief on the merits.The Clerk of the Second District Court of Appeal must file the record which must be properly indexed and paginated on or before September 16, 2019. 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. The Court has determined that it should decline to accept jurisdiction as to express and direct conflict. Oral argument will be set by separate order. Counsel for parties will be notified of the oral argument date approximately sixty days prior to oral argument.
|
|
Docket Date |
2018-09-13
|
Type |
Notice
|
Subtype |
Amicus Curiae Intent to Appear
|
Description |
NOTICE-AMICUS CURIAE INTENT TO APPEAR ~ Florida Medical Association, Inc.'s Notice of Intent to File Amicus Brief in Florida Supreme Court
|
On Behalf Of |
Florida Medical Association
|
View |
View File
|
|
|
PROGRESSIVE SELECT INSURANCE COMPANY VS FLORIDA HOSPITAL MEDICAL CENTER, ETC.
|
SC2018-0278
|
2018-02-14
|
Closed
|
|
Classification |
Discretionary Review - Notice to Invoke - Certified Great Public Importance
|
Court |
Supreme Court of Florida
|
Originating Court |
Circuit Court for the Ninth Judicial Circuit, Orange County
482014SC007202A001OX
Circuit Court for the Ninth Judicial Circuit, Orange County
5D16-2333
Circuit Court for the Ninth Judicial Circuit, Orange County
2015-CV-76-A-O
|
Parties
Name |
PROGRESSIVE SELECT INSURANCE COMPANY
|
Role |
Petitioner
|
Status |
Active
|
Representations |
Michael C. Clarke
|
|
Name |
Florida Hospital Medical Center
|
Role |
Respondent
|
Status |
Active
|
Representations |
Chad A. Barr
|
|
Name |
Jonathan Parent
|
Role |
Respondent
|
Status |
Active
|
|
Name |
FLORIDA JUSTICE REFORM INSTITUTE, INC.
|
Role |
Amicus - Petitioner
|
Status |
Active
|
Representations |
William W. Large, Peter J. Valeta
|
|
Name |
GEICO GENERAL INSURANCE COMPANY
|
Role |
Amicus - Petitioner
|
Status |
Active
|
Representations |
SCOTT WARD DUTTON, Rebecca Delaney, David Dougherty
|
|
Name |
PERSONAL INSURANCE FEDERATION OF FLORIDA, INC.
|
Role |
Amicus - Petitioner
|
Status |
Active
|
Representations |
Maria Elena Abate, Amber Stoner Nunnally, Suzanne Y. Labrit, Matthew Coleman Scarfone, Jason B. Gonzalez
|
|
Name |
Property Casualty Insurers Association of America
|
Role |
Amicus - Petitioner
|
Status |
Active
|
|
Name |
GOVERNMENT EMPLOYEES INSURANCE COMPANY
|
Role |
Amicus - Petitioner
|
Status |
Active
|
|
Name |
GEICO INDEMNITY COMPANY
|
Role |
Amicus - Petitioner
|
Status |
Active
|
|
Name |
FLORIDIANS FOR FAIR INSURANCE, INC.
|
Role |
Amicus - Respondent
|
Status |
Active
|
Representations |
Mac S. Phillips, David M. Caldevilla
|
|
Name |
MRI ASSOCIATES OF ST. PETE, INC.
|
Role |
Amicus - Respondent
|
Status |
Active
|
Representations |
LORCA DIVALE
|
|
Name |
FLORIDA MEDICAL ASSOCIATION, INC.
|
Role |
Amicus - Respondent
|
Status |
Active
|
Representations |
Edward Herbert Zebersky
|
|
Name |
PAGANO CHIROPRACTIC, P.A.
|
Role |
Amicus - Respondent
|
Status |
Active
|
Representations |
Chad L. Christensen
|
|
Name |
THE CHAMBERS MEDICAL GROUP, INC.
|
Role |
Amicus - Respondent
|
Status |
Active
|
Representations |
Anthony D. Barak
|
|
Name |
Clearview Imaging, LLC
|
Role |
Amicus - Respondent
|
Status |
Active
|
Representations |
CHRISTOPHER P. CALKIN, Mike N. Koulianos
|
|
Name |
Hon. Greg Allen Tynan
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Joanne P. Simmons
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Name |
Hon. Tiffany Moore Russell
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2018-07-13
|
Type |
Brief
|
Subtype |
Appendix-Merit
|
Description |
APPENDIX-MERIT BRIEF ~ Appendix in Support of Floridians for Fair Insurance, Inc.'s Amicus Curiae Brief -- Stricken 7/16/2018. Does not contain the cited documents.
|
On Behalf Of |
Floridians for Fair Insurance, Inc.
|
View |
View File
|
|
Docket Date |
2019-01-28
|
Type |
Miscellaneous Document
|
Subtype |
Publish Full
|
Description |
PUBLISH FULL
|
View |
View File
|
|
Docket Date |
2019-01-24
|
Type |
Mandate
|
Subtype |
Mandate Issued
|
Description |
MANDATE
|
|
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 and costs is hereby granted in part and denied in part. Respondent's request for attorney's fees is granted, the amount to be determined by the trial court on remand. See Fla. R. App. P. 9.400(b). Respondent's request for costs is denied without prejudice for the motion to be refiled in the trial court. See Arthur v. Arthur, 54 So. 3d 454, 460 (Fla. 2010); Fla. R. App. P. 9.400(a).
|
|
Docket Date |
2018-12-28
|
Type |
Disposition
|
Subtype |
Approved
|
Description |
DISP-APPROVED ~ FSC-OPINION: Accordingly, we approve Progressive and disapprove Care Wellness. It is so ordered.
|
View |
View File
|
|
Docket Date |
2018-08-17
|
Type |
Order
|
Subtype |
Counsel Withdrawal
|
Description |
ORDER-COUNS WITHDRAWAL GR ~ The Motion to Withdraw as Counsel for Petitioner is granted and Douglas H. Stein is hereby allowed to withdraw as co-counsel for petitioner.
|
|
Docket Date |
2018-08-15
|
Type |
Motion
|
Subtype |
Couns Withdrawal
|
Description |
MOTION-COUNS WITHDRAWAL ~ Motion to Withdraw as Counsel for Petitioner
|
On Behalf Of |
Progressive Select Insurance Company
|
View |
View File
|
|
Docket Date |
2018-08-13
|
Type |
Notice
|
Subtype |
Supplemental Authority
|
Description |
NOTICE-SUPPLEMENTAL AUTHORITY
|
On Behalf Of |
Florida Hospital Medical Center
|
View |
View File
|
|
Docket Date |
2018-08-03
|
Type |
Brief
|
Subtype |
Reply-Merit
|
Description |
REPLY BRIEF-MERITS ~ Petitioner's Reply Brief on the Merits
|
On Behalf Of |
Progressive Select Insurance Company
|
View |
View File
|
|
Docket Date |
2018-07-27
|
Type |
Order
|
Subtype |
Brief Enlargement
|
Description |
ORDER-BRIEF PAGE ENLARGEMENT GR ~ Petitioner's Unopposed Motion for Leave to File Enlarged Brief is hereby granted.Petitioner's Unopposed Motion for Extension of Time to Serve Reply Brief is granted and petitioner is allowed to and including August 3, 2018, in which to serve the reply brief on the merits.
|
|
Docket Date |
2018-07-25
|
Type |
Motion
|
Subtype |
Brief Enlargement
|
Description |
MOTION-BRIEF PAGE ENLARGEMENT ~ Petitioner's Unopposed Motion for Leave to File Enlarged Brief
|
On Behalf Of |
Progressive Select Insurance Company
|
View |
View File
|
|
Docket Date |
2018-07-25
|
Type |
Order
|
Subtype |
Brief Amendment
|
Description |
ORDER-BRIEF AMENDMENT GR ~ Respondent's Unopposed Motion for Leave to File Amendment to Answer Brief is granted and said amended brief was filed with this Court on July 24, 2018. Respondent's Answer Brief on the Merits filed with this Court on July 5, 2018, is hereby stricken.
|
|
Docket Date |
2018-07-24
|
Type |
Brief
|
Subtype |
Answer-Merit (Amended)
|
Description |
ANSWER AMD BRIEF-MERITS ~ Respondent's Amended Answer Brief on the Merits
|
On Behalf Of |
Florida Hospital Medical Center
|
View |
View File
|
|
Docket Date |
2018-07-24
|
Type |
Motion
|
Subtype |
Brief Amendment
|
Description |
MOTION-BRIEF AMENDMENT ~ Unopposed Motion for Leave to File Amendment to Answer Brief
|
On Behalf Of |
Florida Hospital Medical Center
|
View |
View File
|
|
Docket Date |
2018-07-23
|
Type |
Order
|
Subtype |
Brief Amendment
|
Description |
ORDER-BRIEF AMENDMENT GR ~ The Florida Medical Association's Motion to File Amendment to Amicus Curiae Brief is granted and said amended brief was filed with this Court on July 20, 2018.The Brief of Amicus Curiae The Florida Medical Association in Support of Respondent filed with this Court on July 16, 2018, is hereby stricken.
|
|
Docket Date |
2018-07-20
|
Type |
Motion
|
Subtype |
Brief Amendment
|
Description |
MOTION-BRIEF AMENDMENT ~ Amicus Curiae the Florida Medical Association's Motion to File Amendment to Amicus Curiae Brief
|
On Behalf Of |
Florida Medical Association
|
View |
View File
|
|
Docket Date |
2018-07-20
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ Petitioner's Response to Respondent's Motion for Award of Appellate Attorney's Fees and Costs
|
On Behalf Of |
Progressive Select Insurance Company
|
View |
View File
|
|
Docket Date |
2018-07-20
|
Type |
Brief
|
Subtype |
Amicus Curiae Answer (Amended)
|
Description |
AMICUS CURIAE ANSWER AMD BRIEF-MERITS ~ Amended Brief of Amicus Curiae the Florida Medical Association in Support of Respondent
|
On Behalf Of |
Florida Medical Association
|
View |
View File
|
|
Docket Date |
2018-07-18
|
Type |
Brief
|
Subtype |
Appendix-Merit (Amended)
|
Description |
APPENDIX-AMENDED-MERIT BRIEF ~ Amended Appendix in Support of Floridians for Fair Insurance, Inc.'s Amicus Curiae Brief
|
On Behalf Of |
Floridians for Fair Insurance, Inc.
|
View |
View File
|
|
Docket Date |
2018-07-16
|
Type |
Order
|
Subtype |
Appendix Stricken
|
Description |
ORDER-APPENDIX STRICKEN ~ The Appendix in Support of Floridians for Fair Insurance, Inc.'s Amicus Curiae Brief does not comply with Florida Rule of Appellate Procedure 9.220 and is hereby stricken. Amicus Floridians for Fair Insurance, Inc. may file, within five 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 |
2018-07-16
|
Type |
Brief
|
Subtype |
Amicus Curiae Answer
|
Description |
AMICUS CURIAE ANSWER BRIEF-MERITS ~ Amici Curiae Brief in Support of Respondent Jointly Submitted on Behalf of the Chambers Medical Group, Inc., Clearview Imaging, LLC, MRI Associates of St. Pete, Inc., and Pagano Chiropractic, P.A.
|
On Behalf Of |
Clearview Imaging, LLC
|
View |
View File
|
|
Docket Date |
2018-07-10
|
Type |
Motion
|
Subtype |
Amicus Curiae
|
Description |
MOTION-AMICUS CURIAE ~ Unopposed Joint Motion of Chambers Medical Group, Inc., Clearview Imaging, LLC, MRI Associates of St. Pete, Inc., and Pagano Chiropractic, P.A. to Appear and File a Single Joint Amici Curiae Brief in Support of Respondent
|
On Behalf Of |
Chambers Medical Group, Inc.
|
View |
View File
|
|
Docket Date |
2018-07-10
|
Type |
Order
|
Subtype |
Amicus Curiae
|
Description |
ORDER-AMICUS CURIAE GR ~ The motion for leave to file brief as amicus curiae filed by The ChambersMedical Group, Inc., Clearview Imaging, LLC, MRI Associates of St. Pete, Inc., and Pagano Chiropractic, P.A. is hereby granted and they are allowed to file brief only in support of respondent. The brief by the above referenced amicus curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
|
|
Docket Date |
2018-07-05
|
Type |
Motion
|
Subtype |
Attorney's Fees
|
Description |
MOTION-ATTORNEYS FEES
|
On Behalf Of |
Florida Hospital Medical Center
|
View |
View File
|
|
Docket Date |
2018-07-05
|
Type |
Brief
|
Subtype |
Answer-Merit
|
Description |
ANSWER BRIEF-MERITS ~ Respondent's Answer Brief on the Merits -- Stricken July 24, 2018, in light of filing of amended brief.
|
On Behalf Of |
Florida Hospital Medical Center
|
View |
View File
|
|
Docket Date |
2018-07-02
|
Type |
Order
|
Subtype |
Amicus Curiae
|
Description |
ORDER-AMICUS CURIAE GR ~ The motion for leave to file brief as amicus curiae filed by Floridians for Fair Insurance, Inc. is hereby granted and they are allowed to file brief only in support of respondent. The brief by the above referenced amicus curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
|
|
Docket Date |
2018-06-29
|
Type |
Motion
|
Subtype |
Brief Enlargement
|
Description |
MOTION-BRIEF PAGE ENLARGEMENT
|
On Behalf Of |
Florida Hospital Medical Center
|
View |
View File
|
|
Docket Date |
2018-06-27
|
Type |
Notice
|
Subtype |
Supplemental Authority
|
Description |
NOTICE-SUPPLEMENTAL AUTHORITY
|
On Behalf Of |
Progressive Select Insurance Company
|
View |
View File
|
|
Docket Date |
2018-06-22
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ Petitioner's Response to Floridians for Fair Insurance, Inc.'s Motion for Leave to File Amicus Curiae Brief
|
On Behalf Of |
Progressive Select Insurance Company
|
View |
View File
|
|
Docket Date |
2018-06-12
|
Type |
Motion
|
Subtype |
Amicus Curiae
|
Description |
MOTION-AMICUS CURIAE ~ Floridians for Fair Insurance, Inc.'s Motion for Leave to File Amicus Curiae Brief in Support of Respondent
|
On Behalf Of |
Floridians for Fair Insurance, Inc.
|
View |
View File
|
|
Docket Date |
2018-06-06
|
Type |
Order
|
Subtype |
Amicus Curiae
|
Description |
ORDER-AMICUS CURIAE GR ~ The motion for leave to file brief as amicus curiae filed by The Florida Medical Association is hereby granted and they are allowed to file brief only in support of respondent. The brief by the above referenced amicus curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
|
|
Docket Date |
2018-06-05
|
Type |
Motion
|
Subtype |
Amicus Curiae
|
Description |
MOTION-AMICUS CURIAE ~ THE FLORIDA MEDICAL ASSOCIATION'S MOTION FOR LEAVETO FILE AN AMICUS CURIAE BRIEF ON BEHALF OF RESPONDENT
|
On Behalf Of |
Florida Medical Association
|
View |
View File
|
|
Docket Date |
2018-05-23
|
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 July 5, 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 |
2018-05-23
|
Type |
Motion
|
Subtype |
Ext of Time (Answer Brief-Merit)
|
Description |
MOTION-EXT OF TIME (ANSWER BRIEF-MERITS) ~ MOTION FOR EXTENSION OF TIME TO FILE ANSWER BRIEF ON THE MERITS
|
On Behalf Of |
Florida Hospital Medical Center
|
View |
View File
|
|
Docket Date |
2018-05-22
|
Type |
Brief
|
Subtype |
Appendix (Amended)
|
Description |
APPENDIX (AMENDED) ~ Amended Appendix to GEICO General Insurance Company's, GEICO Indemnity Company's and Government Employees Insurance Company's Amici Curiae Brief in Support of Progressive Select Insurance Company
|
On Behalf Of |
GEICO General Insurance Company
|
View |
View File
|
|
Docket Date |
2018-05-21
|
Type |
Brief
|
Subtype |
Appendix
|
Description |
APPENDIX ~ Appendix to GEICO General Insurance Company's, GEICO Indemnity Company's and Government Employees Insurance Company's Amici Curiae Brief in Support of Progressive Select Insurance Company -- AMENDED APPENDIX FILED 5/22/2018
|
On Behalf Of |
GEICO General Insurance Company
|
View |
View File
|
|
Docket Date |
2018-05-18
|
Type |
Brief
|
Subtype |
Appendix-Merit
|
Description |
APPENDIX-MERIT BRIEF ~ Appendix to Brief of Amicus Curiae Florida Justice Reform Institute in Support of Progressive Select Insurance Company -- AMENDED APPENDIX FILED 5/22/2018
|
On Behalf Of |
Florida Justice Reform Institute
|
View |
View File
|
|
Docket Date |
2018-05-09
|
Type |
Brief
|
Subtype |
Initial-Merit
|
Description |
INITIAL BRIEF-MERITS ~ Petitioner's Initial Brief on the Merits
|
On Behalf Of |
Progressive Select Insurance Company
|
View |
View File
|
|
Docket Date |
2018-05-09
|
Type |
Notice
|
Subtype |
Appearance
|
Description |
NOTICE-APPEARANCE
|
On Behalf Of |
Progressive Select Insurance Company
|
View |
View File
|
|
Docket Date |
2018-05-03
|
Type |
Record
|
Subtype |
Record/Transcript
|
Description |
RECORD ~ Certified Copies of Appeal Papers (Filed Electronically)
|
On Behalf Of |
Joanne P. Simmons
|
|
Docket Date |
2018-05-02
|
Type |
Order
|
Subtype |
Amicus Curiae
|
Description |
ORDER-AMICUS CURIAE GR ~ The motion for leave to file brief as amicus curiae filed by Personal Insurance Federation of Florida and Property Casualty Insurers Association of America is hereby granted and they are allowed to file brief only in support of petitioner. The brief by the above referenced amici curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
|
|
Docket Date |
2018-04-16
|
Type |
Motion
|
Subtype |
Amicus Curiae
|
Description |
MOTION-AMICUS CURIAE ~ Joint Motion of Personal Insurance Federation of Florida and Property Casualty Insurers Association of America for Leave to Appear as Amicus Curiae in Support of Petitioner
|
On Behalf Of |
Personal Insurance Federation of Florida
|
View |
View File
|
|
Docket Date |
2018-04-06
|
Type |
Order
|
Subtype |
Amicus Curiae
|
Description |
ORDER-AMICUS CURIAE GR ~ The motion for leave to file brief as amicus curiae filed by GEICO General Insurance Company, GEICO Indemnity Company, and Government Employees Insurance Company is hereby granted and they are allowed to file brief only in support of petitioner. The brief by the above referenced amicus curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
|
|
Docket Date |
2018-04-05
|
Type |
Motion
|
Subtype |
Amicus Curiae
|
Description |
MOTION-AMICUS CURIAE ~ Florida Justice Reform Institute's Motion for Leave to File Brief as Amicus Curiae in Support of Petitioner
|
On Behalf Of |
Florida Justice Reform Institute
|
View |
View File
|
|
Docket Date |
2018-04-05
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ Respondent's Objection and Response to Florida Justice Reform Institute's Motion for Leave to File Brief as Amicus Curiae in Support of Petitioner
|
On Behalf Of |
Florida Hospital Medical Center
|
View |
View File
|
|
Docket Date |
2018-04-04
|
Type |
Motion
|
Subtype |
Ext of Time (Initial Brief-Merit)
|
Description |
MOTION-EXT OF TIME (INITIAL BRIEF-MERITS) ~ Petitioner's Motion for Extension of Time in Which to Serve Initial Brief on the Merits
|
On Behalf Of |
Progressive Select Insurance Company
|
View |
View File
|
|
Docket Date |
2018-04-04
|
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 May 9, 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 |
2018-04-02
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ Respondent's Objection and Response to GEICO General Insurance Company's, GEICO Indemnity Company's, and Government Employees Insurance Company's Motion for Leave to File Brief as Amicus Curiae in Support of Petitioner
|
On Behalf Of |
Florida Hospital Medical Center
|
View |
View File
|
|
Docket Date |
2018-03-29
|
Type |
Motion
|
Subtype |
Amicus Curiae
|
Description |
MOTION-AMICUS CURIAE ~ GEICO General Insurance Company's, GEICO Indemnity Company's, and Government Employees Insurance Company's Motion for Leave to File Brief as Amicus Curiae in Support of Petitioner
|
On Behalf Of |
GEICO General Insurance Company
|
View |
View File
|
|
Docket Date |
2018-03-20
|
Type |
Order
|
Subtype |
Stay Proceedings Below
|
Description |
ORDER-STAY PROCEEDINGS BELOW DY ~ Petitioner's Motion for Review of Order of the Fifth District Court of Appeal Denying Motion to Stay Issuance of the Mandate and/or Motion to Stay Issuance of the Mandate and/or Motion to Recall the Mandate filed in the above styled cause is hereby denied.
|
|
Docket Date |
2018-03-19
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ Respondent's Response and Objection to Petitioner's Motion for Review of Order of the Fifth District Court of Appeal Denying Motion to Stay Issuance of the Mandate and/or Motion to Stay Issuance of the Mandate and/or Motion to Recall the Mandate
|
On Behalf Of |
Florida Hospital Medical Center
|
View |
View File
|
|
Docket Date |
2018-03-09
|
Type |
Motion
|
Subtype |
Stay (Proceedings Below)
|
Description |
MOTION-STAY (PROCEEDINGS BELOW) ~ Petitioner's Motion for Review of Order of the Fifth District Court of Appeal Denying Motion to Stay Issuance of the Mandate and/or Motion to Stay Issuance of the Mandate and/or Motion to Recall the Mandate
|
On Behalf Of |
Progressive Select Insurance Company
|
View |
View File
|
|
Docket Date |
2018-03-01
|
Type |
Event
|
Subtype |
Fee Paid Through Portal
|
Description |
Fee Paid Through Portal
|
|
Docket Date |
2018-03-01
|
Type |
Miscellaneous Document
|
Subtype |
Pay Case Filing Fee-300
|
Description |
PAY CASE FILING FEE-300
|
On Behalf Of |
Progressive Select Insurance Company
|
View |
View File
|
|
Docket Date |
2018-02-20
|
Type |
Letter-Case
|
Subtype |
Acknowledgment Letter-New Case-Pay Fee
|
Description |
ACKNOWLEDGMENT LETTER-NEW CASE-PAY FEE
|
|
Docket Date |
2018-02-14
|
Type |
Notice
|
Subtype |
Invoke Discretionary Jurisdiction
|
Description |
NOTICE-DISCRETIONARY JURIS (CERT GPI)
|
On Behalf Of |
Progressive Select Insurance Company
|
View |
View File
|
|
Docket Date |
2018-02-14
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
|
ROLANDO P. RUIZ, ETC. VS TENET HIALEAH HEALTHSYSTEM, INC., ET AL.
|
SC2017-1562
|
2017-08-23
|
Closed
|
|
Classification |
Discretionary Review - Notice to Invoke - Direct Conflict of Decisions
|
Court |
Supreme Court of Florida
|
Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
3D15-2474
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
132009CA092826000001
|
Parties
Name |
Estate of Maria Elena Espinosa
|
Role |
Petitioner
|
Status |
Active
|
|
Name |
Rolando P. Ruiz
|
Role |
Petitioner
|
Status |
Active
|
Representations |
Jorge P. Gutierrez Jr., Philip D. Parrish
|
|
Name |
Arturo Lorenzo, M.D.
|
Role |
Respondent
|
Status |
Active
|
|
Name |
Tenet Hialeah Healthsystem, Inc.
|
Role |
Respondent
|
Status |
Active
|
Representations |
Jonathon P. Lynn, Dinah Stein
|
|
Name |
FLORIDA MEDICAL ASSOCIATION, INC.
|
Role |
Amicus - Respondent
|
Status |
Active
|
|
Name |
American Medical Association
|
Role |
Amicus - Respondent
|
Status |
Active
|
Representations |
Daniel B. Rogers
|
|
Name |
Jacqueline Hogan Scola
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Hon. Mary Cay Blanks
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Name |
Hon. Harvey Ruvin
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2019-01-11
|
Type |
Mandate
|
Subtype |
Mandate Issued
|
Description |
MANDATE
|
|
Docket Date |
2019-01-11
|
Type |
Miscellaneous Document
|
Subtype |
Publish Full
|
Description |
PUBLISH FULL
|
View |
View File
|
|
Docket Date |
2018-12-20
|
Type |
Disposition
|
Subtype |
Quashed & Remanded
|
Description |
DISP-QUASHED & REMANDED ~ FSC-OPINION: Accordingly, because the decision below is inconsistent with our precedent regarding the proximate causation standard, we quash Ruiz and remand to the Third District for further proceedings consistent with this opinion.It is so ordered.
|
View |
View File
|
|
Docket Date |
2018-08-10
|
Type |
Notice
|
Subtype |
Supplemental Authority
|
Description |
NOTICE-SUPPLEMENTAL AUTHORITY
|
On Behalf Of |
Tenet Hialeah Healthsystem, Inc.
|
View |
View File
|
|
Docket Date |
2018-06-18
|
Type |
Record
|
Subtype |
Supplemental Record/Transcript
|
Description |
SUPP RECORD/TRANSCRIPT ~ Supplemental Record (Filed Electronically)
|
On Behalf Of |
Hon. Mary Cay Blanks
|
|
Docket Date |
2018-06-15
|
Type |
Order
|
Subtype |
Record Supplementation (DCA)
|
Description |
ORDER-RECORD SUPPLEMENTATION (DCA) ~ The Third District Court of Appeal is hereby directed to immediately supplement the record on appeal with Plaintiff's Composite Exhibit 6, which was filed in the Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade, County, Florida, in case number 132009CA092826000001.
|
|
Docket Date |
2018-04-19
|
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, August 29, 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 |
2018-04-16
|
Type |
Brief
|
Subtype |
Reply-Merit
|
Description |
REPLY BRIEF-MERITS ~ Petitioner's Reply Brief
|
On Behalf Of |
Rolando P. Ruiz
|
View |
View File
|
|
Docket Date |
2018-04-10
|
Type |
Order
|
Subtype |
Amicus Curiae
|
Description |
ORDER-AMICUS CURIAE GR ~ The motion for leave to file brief as amici curiae filed by American Medical Association and Florida Medical Association is hereby granted and they are allowed to file brief only in support of respondents. The brief by the above referenced amici curiae was filed with this Court on April 9, 2018.
|
|
Docket Date |
2018-04-09
|
Type |
Motion
|
Subtype |
Amicus Curiae
|
Description |
MOTION-AMICUS CURIAE ~ Motion of the American Medical Association and Florida Medical Association to File Amici Curiae Brief in Support of Respondents
|
On Behalf Of |
American Medical Association
|
View |
View File
|
|
Docket Date |
2018-04-09
|
Type |
Brief
|
Subtype |
Amicus Curiae Answer
|
Description |
AMICUS CURIAE ANSWER BRIEF-MERITS ~ Amici Curiae Brief of the American Medical Association and Florida Medical Association in Support of Respondents
|
On Behalf Of |
American Medical Association
|
View |
View File
|
|
Docket Date |
2018-03-28
|
Type |
Brief
|
Subtype |
Answer-Merit
|
Description |
ANSWER BRIEF-MERITS ~ Respondents' Answer Brief
|
On Behalf Of |
Tenet Hialeah Healthsystem, Inc.
|
View |
View File
|
|
Docket Date |
2018-03-07
|
Type |
Record
|
Subtype |
Record/Transcript
|
Description |
RECORD/TRANSCRIPT ~ Record on Appeal - Trial Court Record (Filed Electronically)
|
On Behalf Of |
Hon. Mary Cay Blanks
|
|
Docket Date |
2018-02-23
|
Type |
Motion
|
Subtype |
Ext of Time (Answer Brief-Merit)
|
Description |
MOTION-EXT OF TIME (ANSWER BRIEF-MERITS) ~ Respondent's Unopposed Motion for Extension of Time to Serve Answer Brief on Merits
|
On Behalf Of |
Tenet Hialeah Healthsystem, Inc.
|
View |
View File
|
|
Docket Date |
2018-02-23
|
Type |
Record
|
Subtype |
Record/Transcript
|
Description |
RECORD ~ Record on Appeal - District Court Record (Filed Electronically)
|
On Behalf Of |
Hon. Mary Cay Blanks
|
|
Docket Date |
2018-02-23
|
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 March 28, 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 |
2018-02-06
|
Type |
Brief
|
Subtype |
Appendix-Merit (Amended)
|
Description |
APPENDIX-AMENDED-MERIT BRIEF ~ Amended Appendix to Petitioner's Initial Brief
|
On Behalf Of |
Rolando P. Ruiz
|
View |
View File
|
|
Docket Date |
2018-02-05
|
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. Petitioner is directed to file, within five days from the date of this order, an amended appendix. 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 |
2018-02-01
|
Type |
Notice
|
Subtype |
Counsel Substitution
|
Description |
NOTICE-COUNS SUBSTITUTION
|
On Behalf Of |
Tenet Hialeah Healthsystem, Inc.
|
View |
View File
|
|
Docket Date |
2018-01-31
|
Type |
Brief
|
Subtype |
Appendix-Merit
|
Description |
APPENDIX-MERIT BRIEF ~ Appendix to Petitioner's Initial Brief -- Stricken February 5, 2018, for non-compliance. Pagination of the index does not exactly match the page numbers displayed by the PDF reader.
|
On Behalf Of |
Rolando P. Ruiz
|
View |
View File
|
|
Docket Date |
2018-01-11
|
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 January 31, 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 Third District Court of Appeal must file the record which must be properly indexed and paginated on or before March 12, 2018. The Clerk may provide the record in the format as currently maintained at the district court, either paper or electronic.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 |
2017-10-02
|
Type |
Brief
|
Subtype |
Juris Answer
|
Description |
JURIS ANSWER BRIEF
|
On Behalf Of |
Tenet Hialeah Healthsystem, Inc.
|
View |
View File
|
|
Docket Date |
2017-09-05
|
Type |
Brief
|
Subtype |
Appendix-Juris
|
Description |
APPENDIX-JURIS BRIEF
|
On Behalf Of |
Rolando P. Ruiz
|
View |
View File
|
|
Docket Date |
2017-08-24
|
Type |
Event
|
Subtype |
Fee Paid Through Portal
|
Description |
Fee Paid Through Portal
|
|
Docket Date |
2017-08-24
|
Type |
Miscellaneous Document
|
Subtype |
Pay Case Filing Fee-300
|
Description |
PAY CASE FILING FEE-300
|
On Behalf Of |
Rolando P. Ruiz
|
View |
View File
|
|
Docket Date |
2017-08-24
|
Type |
Letter-Case
|
Subtype |
Acknowledgment Letter-New Case-Pay Fee
|
Description |
ACKNOWLEDGMENT LETTER-NEW CASE-PAY FEE
|
|
Docket Date |
2017-08-23
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
Docket Date |
2017-08-23
|
Type |
Notice
|
Subtype |
Invoke Discretionary Jurisdiction
|
Description |
NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT)
|
On Behalf Of |
Rolando P. Ruiz
|
View |
View File
|
|
|
ALLSTATE INSURANCE COMPANY VS ORTHOPEDIC SPECIALISTS, ETC.
|
SC2015-2298
|
2015-12-11
|
Closed
|
|
Classification |
Discretionary Review - Notice to Invoke - Certified Direct Conflict
|
Court |
Supreme Court of Florida
|
Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
4D14-287
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502012SC003692XXXXMB
|
Parties
Name |
ALLSTATE INSURANCE COMPANY
|
Role |
Petitioner
|
Status |
Active
|
Representations |
Suzanne Y. Labrit, Peter J. Valeta, RICHARD C. GODFREY, DOUGLAS GERARD BREHM
|
|
Name |
KELLI SERRIDGE
|
Role |
Respondent
|
Status |
Active
|
|
Name |
ORTHOPEDIC SPECIALISTS
|
Role |
Respondent
|
Status |
Active
|
Representations |
STEPHEN DOUGLAS DEITSCH, GARY M FARMER Jr., LINDSAY CAPRI PORAK, David M. Caldevilla, GARY M. FARMER, SR., WILLIAM RANDOLPH FOMAN
|
|
Name |
FLORIDA MEDICAL ASSOCIATION, INC.
|
Role |
Amicus - Respondent
|
Status |
Active
|
Representations |
Lawrence M. Kopelman, Edward Herbert Zebersky
|
|
Name |
Hon. Theodore S. Booras
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Sharon Repak Bock
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2017-04-21
|
Type |
Miscellaneous Document
|
Subtype |
Publish Full
|
Description |
PUBLISH FULL
|
View |
View File
|
|
Docket Date |
2017-04-20
|
Type |
Mandate
|
Subtype |
Mandate Issued
|
Description |
MANDATE
|
|
Docket Date |
2017-03-27
|
Type |
Disposition
|
Subtype |
**DISP-REHEARING
|
Description |
DISP-REHEARING DY ~ Respondents' Motion for Rehearing is hereby denied.
|
|
Docket Date |
2017-02-28
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ TO RESPONDENT ORTHOPEDIC SPECIALISTS' MOTION FOR REHEARING
|
On Behalf Of |
ALLSTATE INSURANCE COMPANY
|
View |
View File
|
|
Docket Date |
2017-02-21
|
Type |
Order
|
Subtype |
Strike Filing Unauthorized
|
Description |
ORDER-STRIKE FILING UNAUTHORIZED ~ On the Court's own motion, Amicus Curiae Florida Medical Association's Motion for Rehearing is hereby stricken as unauthorized. See, March 31, 2016, order granting said amicus curiae leave to file a brief only in support of the appellee.
|
|
Docket Date |
2017-02-17
|
Type |
Notice
|
Subtype |
Supplemental Authority
|
Description |
NOTICE-SUPPLEMENTAL AUTHORITY ~ RESPONDENTS' NOTICE OF SUPPLEMENTALAUTHORITY CONCERNING MOTION FOR REHEARING
|
On Behalf Of |
ORTHOPEDIC SPECIALISTS
|
View |
View File
|
|
Docket Date |
2017-02-17
|
Type |
Motion
|
Subtype |
Ext of Time (Response/Reply)
|
Description |
MOTION-EXT OF TIME (RESPONSE)
|
On Behalf Of |
ALLSTATE INSURANCE COMPANY
|
View |
View File
|
|
Docket Date |
2017-02-08
|
Type |
Motion
|
Subtype |
Rehearing/Reinst Stricken (Unauthorized)
|
Description |
MOTION-REHEARING/REINST STRICKEN (UNAUTHORIZED) ~ AMICUS CURIAE FLORIDA MEDICAL ASSOCIATION'SMOTION FOR REHEARING*Stricken as unauthorized on 2/21/2017*
|
On Behalf Of |
Florida Medical Association
|
View |
View File
|
|
Docket Date |
2017-02-07
|
Type |
Motion
|
Subtype |
Rehearing
|
Description |
MOTION-REHEARING
|
On Behalf Of |
ORTHOPEDIC SPECIALISTS
|
View |
View File
|
|
Docket Date |
2017-01-26
|
Type |
Disposition
|
Subtype |
Quashed
|
Description |
DISP-QUASHED ~ FSC-OPINION: We approve Stand-Up MRI on the conflict issue and quash Orthopedic Specialists. It is so ordered.
|
View |
View File
|
|
Docket Date |
2017-01-26
|
Type |
Order
|
Subtype |
Atty Fees DY (J/M/O)
|
Description |
ORDER-ATTY FEES DY (J/M/O) ~ Respondents' motion for attorney's fees filed with this Court on March 8, 2016, is hereby denied.
|
|
Docket Date |
2016-09-29
|
Type |
Notice
|
Subtype |
Supplemental Authority
|
Description |
NOTICE-SUPPLEMENTAL AUTHORITY ~ RESPONDENTS' SECOND NOTICE OFSUPPLEMENTAL AUTHORITY AFTER ORAL ARGUMENT
|
On Behalf Of |
ORTHOPEDIC SPECIALISTS
|
View |
View File
|
|
Docket Date |
2016-09-23
|
Type |
Order
|
Subtype |
Strike
|
Description |
ORDER-STRIKE DY ~ Petitioner's Objection to and Motion to Strike Respondents' Supplemental Authorities Re: Questions and Topics Raised at Oral Argument, or in the Alternative, for Leave to File Reply is hereby denied.
|
|
Docket Date |
2016-09-19
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ RESPONDENTS' MEMO OPPOSING ALLSTATE'S MOTION TO STRIKE RESPONDENTS SUPPLEMENTAL AUTHORITIES
|
On Behalf Of |
ORTHOPEDIC SPECIALISTS
|
View |
View File
|
|
Docket Date |
2016-09-13
|
Type |
Motion
|
Subtype |
Strike
|
Description |
MOTION-STRIKE ~ PETITIONER'S OBJECTION TO AND MOTION TO STRIKE RESPONDENTS' SUPPLEMENTAL AUTHORITIES RE: QUESTIONS AND TOPICS RAISED AT ORAL ARGUMENT, OR IN THE ALTERNATIVE, FOR LEAVE TO FILE REPLY
|
On Behalf Of |
ALLSTATE INSURANCE COMPANY
|
View |
View File
|
|
Docket Date |
2016-09-08
|
Type |
Notice
|
Subtype |
Supplemental Authority
|
Description |
NOTICE-SUPPLEMENTAL AUTHORITY ~ RESPONDENTS' SUPPLEMENTAL AUTHORITIES REQUESTIONS AND TOPICS RAISED IN ORAL ARGUMENT
|
On Behalf Of |
ORTHOPEDIC SPECIALISTS
|
View |
View File
|
|
Docket Date |
2016-09-01
|
Type |
Event
|
Subtype |
Oral Argument Held
|
Description |
ORAL ARGUMENT HELD
|
|
Docket Date |
2016-07-21
|
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 Richard C. Godfrey, on behalf of petitioner, 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 July 14, 2016.
|
|
Docket Date |
2016-07-14
|
Type |
Miscellaneous Document
|
Subtype |
Pay Pro Hac Vice Fee-100
|
Description |
PAY PRO HAC VICE FEE-100
|
|
Docket Date |
2016-07-14
|
Type |
Motion
|
Subtype |
Couns Pro Hac Vice (Foreign Counsel)
|
Description |
MOTION-COUNS PRO HAC VICE (FOREIGN COUNSEL)
|
On Behalf Of |
ALLSTATE INSURANCE COMPANY
|
View |
View File
|
|
Docket Date |
2016-07-13
|
Type |
Notice
|
Subtype |
Supplemental Authority
|
Description |
NOTICE-SUPPLEMENTAL AUTHORITY
|
On Behalf Of |
ALLSTATE INSURANCE COMPANY
|
View |
View File
|
|
Docket Date |
2016-05-13
|
Type |
Order
|
Subtype |
Supplemental Authority Stricken
|
Description |
ORDER-SUPP AUTHORITY STRICKEN ~ Petitioner's Notice of Supplemental Authority does not comply with Florida Rule of Appellate Procedure 9.225 and is hereby stricken as it contains argument.
|
|
Docket Date |
2016-05-13
|
Type |
Notice
|
Subtype |
Supplemental Authority
|
Description |
NOTICE-SUPPLEMENTAL AUTHORITY ~ ***STRICKEN 5/13/16***
|
On Behalf Of |
ALLSTATE INSURANCE COMPANY
|
View |
View File
|
|
Docket Date |
2016-05-12
|
Type |
Order
|
Subtype |
Other Substantive
|
Description |
ORDER-OTHER SUBSTANTIVE GR ~ Respondents' Unopposed Motion for Leave to File Sur-Reply Brief Concerning New Second DCA Decision is hereby granted and said brief was filed with this Court on May 2, 2016.
|
|
Docket Date |
2016-05-02
|
Type |
Motion
|
Subtype |
Other Substantive
|
Description |
MOTION-OTHER SUBSTANTIVE ~ RESPONDENTS' UNOPPOSED MOTION FORLEAVE TO FILE SUR-REPLY BRIEFCONCERNING NEW SECOND DCA DECISION
|
On Behalf Of |
ORTHOPEDIC SPECIALISTS
|
View |
View File
|
|
Docket Date |
2016-05-02
|
Type |
Brief
|
Subtype |
Reply-Merit
|
Description |
REPLY BRIEF-MERITS ~ RESPONDENTS' SUR-REPLY BRIEF
|
On Behalf Of |
ORTHOPEDIC SPECIALISTS
|
View |
View File
|
|
Docket Date |
2016-04-29
|
Type |
Motion
|
Subtype |
Oral Argument Reschedule
|
Description |
MOTION-ORAL ARGUMENT RESCHEDULE
|
On Behalf Of |
ORTHOPEDIC SPECIALISTS
|
View |
View File
|
|
Docket Date |
2016-04-26
|
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., Tuesday, August 30, 2016.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 |
2016-04-25
|
Type |
Brief
|
Subtype |
Reply-Merit
|
Description |
REPLY BRIEF-MERITS ~ PETITIONER'S REPLY BRIEF
|
On Behalf Of |
ALLSTATE INSURANCE COMPANY
|
View |
View File
|
|
Docket Date |
2016-03-31
|
Type |
Order
|
Subtype |
Amicus Curiae
|
Description |
ORDER-AMICUS CURIAE GR ~ The motion for leave to file brief as amicus curiae filed by The Florida Medical Association is hereby granted and they are allowed to file brief only in support of appellee. The brief by the above referenced amicus curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
|
|
Docket Date |
2016-03-30
|
Type |
Motion
|
Subtype |
Ext of Time (Reply Brief-Merit)
|
Description |
MOTION-EXT OF TIME (REPLY BRIEF-MERITS)
|
On Behalf Of |
ALLSTATE INSURANCE COMPANY
|
View |
View File
|
|
Docket Date |
2016-03-30
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ RESPONDENTS RESPONSE TO MOTION FOREXTENSION OF TIME TO FILE REPLY BRIEF
|
On Behalf Of |
ORTHOPEDIC SPECIALISTS
|
View |
View File
|
|
Docket Date |
2016-03-23
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ ALLSTATE INSURANCE COMPANY'S OPPOSITION TO THE FLORIDA MEDICAL ASSOCIATION'S MOTION FOR LEAVE TO FILE AN AMICUS BRIEF ON BEHALF OF APPELLEE
|
On Behalf Of |
ALLSTATE INSURANCE COMPANY
|
View |
View File
|
|
Docket Date |
2016-03-22
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ PETITIONER'S RESPONSE TO RESPONDENT'SMOTION FOR ATTORNEY'S FEES ON REVIEW IN SUPREME COURT
|
On Behalf Of |
ALLSTATE INSURANCE COMPANY
|
View |
View File
|
|
Docket Date |
2016-03-15
|
Type |
Notice
|
Subtype |
Appearance
|
Description |
NOTICE-APPEARANCE
|
On Behalf Of |
Florida Medical Association
|
View |
View File
|
|
Docket Date |
2016-03-14
|
Type |
Notice
|
Subtype |
Appearance
|
Description |
NOTICE-APPEARANCE
|
On Behalf Of |
Florida Medical Association
|
View |
View File
|
|
Docket Date |
2016-03-11
|
Type |
Motion
|
Subtype |
Amicus Curiae
|
Description |
MOTION-AMICUS CURIAE ~ THE FLORIDA MEDICAL ASSOCIATION'S MOTION FOR LEAVETO FILE AN AMICUS CURIAE BRIEF ON BEHALF OF APPELLEE
|
On Behalf Of |
Florida Medical Association
|
View |
View File
|
|
Docket Date |
2016-03-11
|
Type |
Brief
|
Subtype |
Amicus Curiae Initial
|
Description |
AMICUS CURIAE INITIAL BRIEF-MERITS ~ BRIEF OF AMICUS CURIAEFLORIDA MEDICAL ASSOCIATION
|
On Behalf Of |
Florida Medical Association
|
View |
View File
|
|
Docket Date |
2016-03-08
|
Type |
Motion
|
Subtype |
Attorney's Fees
|
Description |
MOTION-ATTORNEYS FEES ~ RESPONDENTS MOTION FOR ATTORNEYS FEES ON REVIEW IN SUPREME COURT
|
On Behalf Of |
ORTHOPEDIC SPECIALISTS
|
View |
View File
|
|
Docket Date |
2016-03-08
|
Type |
Brief
|
Subtype |
Answer-Merit
|
Description |
ANSWER BRIEF-MERITS ~ ANSWER BRIEF OF RESPONDENTS
|
On Behalf Of |
ORTHOPEDIC SPECIALISTS
|
View |
View File
|
|
Docket Date |
2016-02-29
|
Type |
Brief
|
Subtype |
Appendix-Merit
|
Description |
APPENDIX-MERIT BRIEF
|
On Behalf Of |
ALLSTATE INSURANCE COMPANY
|
View |
View File
|
|
Docket Date |
2016-02-04
|
Type |
Notice
|
Subtype |
Related Case(s)
|
Description |
NOTICE-RELATED CASE(S)
|
On Behalf Of |
ALLSTATE INSURANCE COMPANY
|
View |
View File
|
|
Docket Date |
2016-02-02
|
Type |
Motion
|
Subtype |
Ext of Time (Initial Brief-Merit)
|
Description |
MOTION-EXT OF TIME (INITIAL BRIEF-MERITS)
|
On Behalf Of |
ALLSTATE INSURANCE COMPANY
|
View |
View File
|
|
Docket Date |
2016-02-02
|
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 February 29, 2016, in which to serve the initial brief on the merits. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO PETITIONER FOR THE FILING OF THE INITIAL BRIEF ON THE MERITS. All other times will be extended accordingly.
|
|
Docket Date |
2016-01-29
|
Type |
Record
|
Subtype |
Record/Transcript
|
Description |
RECORD ~ CERTIFIED COPIES OF APPEAL PAPERS
|
|
Docket Date |
2016-01-20
|
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 shall be served on or before February 9, 2016; respondent's answer brief on the merits shall be served twenty days after service of petitioner's initial brief on the merits; and petitioner's reply brief on the merits shall be served twenty days after service of respondent's answer brief on the merits.The Clerk of the Fourth District Court of Appeal shall file the record which shall be properly indexed and paginated on or before March 22, 2016. The Clerk may provide the record in the format as currently maintained at the district court, either paper or electronic.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 |
2015-12-23
|
Type |
Brief
|
Subtype |
Juris Answer
|
Description |
JURIS ANSWER BRIEF
|
On Behalf Of |
ORTHOPEDIC SPECIALISTS
|
View |
View File
|
|
Docket Date |
2015-12-21
|
Type |
Brief
|
Subtype |
Juris Initial
|
Description |
JURIS INITIAL BRIEF ~ Petitioner's Brief on Jurisdiction
|
On Behalf Of |
ALLSTATE INSURANCE COMPANY
|
View |
View File
|
|
Docket Date |
2015-12-16
|
Type |
Event
|
Subtype |
Fee Paid in Full - $300
|
Description |
Fee Paid In Full - $300
|
|
Docket Date |
2015-12-15
|
Type |
Order
|
Subtype |
Filing Fee Due
|
Description |
ORDER-FILING FEE DUE ~ The jurisdiction of this Court was invoked by the filing of a Notice to Invoke Discretionary Jurisdiction in the lower tribunal; however, said notice was not accompanied by the $300.00 filing fee or an order of insolvency from the district court of appeal as required by Florida Rules of Appellate Procedure 9.110(b) and 9.120(b). The filing fee is due and payable at the time of filing the notice. Petitioner is allowed to and including January 14, 2016, in which to submit the filing fee, or an order of insolvency, or a proper motion for leave to proceed in forma pauperis that complies with sections 57.081 and 57.082, Florida Statutes (2013). Failure to submit the filing fee or one of the above referenced documents to this Court could result in the imposition of sanctions, including dismissal of the notice.Please understand that once this case is dismissed, it is not subject to reinstatement.
|
|
Docket Date |
2015-12-15
|
Type |
Letter-Case
|
Subtype |
Acknowledgment Letter-New Case
|
Description |
ACKNOWLEDGMENT LETTER-NEW CASE
|
|
Docket Date |
2015-12-11
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
Docket Date |
2015-12-11
|
Type |
Notice
|
Subtype |
Invoke Discretionary Jurisdiction
|
Description |
NOTICE-DISCRETIONARY JURIS (CERT DIRECT CONFLICT)
|
On Behalf Of |
ALLSTATE INSURANCE COMPANY
|
View |
View File
|
|
|
JEAN CHARLES, JR., ETC., ET AL. VS SOUTHERN BAPTIST HOSPITAL OF FLORIDA, INC., ETC., ET AL.
|
SC2015-2180
|
2015-11-25
|
Closed
|
|
Classification |
Mandatory Review - Notice of Appeal - Statutory/Constitutional Invalidity
|
Court |
Supreme Court of Florida
|
Originating Court |
Circuit Court for the Fourth Judicial Circuit, Duval County
1D15-109
Circuit Court for the Fourth Judicial Circuit, Duval County
162012CA002677XXXXMA
|
Parties
Name |
MARIE CHARLES LLC
|
Role |
Appellant
|
Status |
Active
|
|
Name |
ANGEL ALSTON
|
Role |
Appellant
|
Status |
Active
|
|
Name |
JAZMIN HOUSTON
|
Role |
Appellant
|
Status |
Active
|
|
Name |
PERVIN ALSTON
|
Role |
Appellant
|
Status |
Active
|
|
Name |
JEAN CHARLES, JR.
|
Role |
Appellant
|
Status |
Active
|
Representations |
Bryan S. Gowdy, BORDEN RHEA HALLOWES, Howard C. Coker, John J. Schickel, CHARLES A. SORENSON, Mr. Thomas S. Edwards Jr.
|
|
Name |
NC QUALITY CENTER PSO
|
Role |
Appellee
|
Status |
Active
|
Representations |
JOSHUA P. WELSH
|
|
Name |
SAFEER A. ASHRAF, M.D.
|
Role |
Appellee
|
Status |
Active
|
Representations |
P. SCOTT MITCHELL, KATHERYN L. HOOD
|
|
Name |
GREGORY J. SENGSTOCK, M.D.
|
Role |
Appellee
|
Status |
Active
|
Representations |
LINDA M. HESTER, WADE DOUGLAS CHILDS
|
|
Name |
SOUTHERN BAPTIST HOSPITAL OF FLORIDA, INC.
|
Role |
Appellee
|
Status |
Active
|
Representations |
MICHAEL H. HARMON, JACK E. HOLT, III, WILLIAM E. KUNTZ, EARL EDWIN GOOGE Jr., George N. Meros Jr., Andy Bardos
|
|
Name |
AVANTE AT LEESBURG OUTPATIENT REHAB, INC.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
EUGENE R. BEBEAU, M.D.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
QI TO QI LLC
|
Role |
Appellee
|
Status |
Active
|
Representations |
JOSHUA P. WELSH
|
|
Name |
ANDREW NAMEN, M.D.
|
Role |
Appellee
|
Status |
Active
|
Representations |
JESSE F. SUBER
|
|
Name |
KRISTIN FERNANDEZ, D.O.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
INTEGRATED COMMUNITY ONCOLOGY NETWORK, LLC
|
Role |
Appellee
|
Status |
Active
|
Representations |
P. SCOTT MITCHELL, KATHERYN L. HOOD
|
|
Name |
CHILD HEALTH PATIENT SAFETY ORDANIZATION, INC.
|
Role |
Appellee
|
Status |
Active
|
Representations |
JOSHUA P. WELSH
|
|
Name |
JOHN D. PENNINGTON, M.D.
|
Role |
Appellee
|
Status |
Active
|
Representations |
FRANKLIN DUKE REGAN, JOHN R. SAALFIELD
|
|
Name |
SOCIETY OF NEUROINTERVENTIONAL SURGERY PSO
|
Role |
Appellee
|
Status |
Active
|
Representations |
JOSHUA P. WELSH
|
|
Name |
MEDNAX PSO, LLC
|
Role |
Appellee
|
Status |
Active
|
Representations |
JOSHUA P. WELSH
|
|
Name |
PASCAL METRICS, INC.
|
Role |
Appellee
|
Status |
Active
|
Representations |
JOSHUA P. WELSH
|
|
Name |
MISSOURI CENTER FOR PATIENT SAFETY
|
Role |
Appellee
|
Status |
Active
|
Representations |
JOSHUA P. WELSH
|
|
Name |
THE PSO ADVISORY, LLC
|
Role |
Appellee
|
Status |
Active
|
Representations |
JOSHUA P. WELSH
|
|
Name |
AARP INC.
|
Role |
Amicus - No Position
|
Status |
Active
|
Representations |
RICHARD N. ASFAR, Nancy A. Lauten, MAAME GYAMFI, George A. Vaka
|
|
Name |
FLORIDA JUSTICE ASSOCIATION, INC.
|
Role |
Amicus - Petitioner
|
Status |
Active
|
Representations |
Philip M. Burlington
|
|
Name |
FLORIDA CONSUMER ACTION NETWORK, INC.
|
Role |
Amicus - Petitioner
|
Status |
Active
|
Representations |
Christopher V. Carlyle
|
|
Name |
LA AMISTAD RESIDENTIAL TREATMENT CENTER, LLC
|
Role |
Amicus - Respondent
|
Status |
Active
|
Representations |
JOSHUA P. WELSH
|
|
Name |
CLARITY PSO
|
Role |
Amicus - Respondent
|
Status |
Active
|
Representations |
JOSHUA P. WELSH, MICHAEL R. CALLAHAN
|
|
Name |
LAKE WALES HOSPITAL CORPORATION
|
Role |
Amicus - Respondent
|
Status |
Active
|
Representations |
JOSHUA P. WELSH
|
|
Name |
IASIS HEALTHCARE LLC
|
Role |
Amicus - Respondent
|
Status |
Active
|
Representations |
JOSHUA P. WELSH
|
|
Name |
AMERICAN DATA NETWORK
|
Role |
Amicus - Respondent
|
Status |
Active
|
Representations |
JOSHUA P. WELSH
|
|
Name |
CHS PSO, LLC
|
Role |
Amicus - Respondent
|
Status |
Active
|
Representations |
JOSHUA P. WELSH
|
|
Name |
CENTER FOR THE ASSESSMENT OF RADIOLOGICAL SCIENCES PSO
|
Role |
Amicus - Respondent
|
Status |
Active
|
Representations |
JOSHUA P. WELSH
|
|
Name |
ALLIANCE FOR PATIENT MEDICATION SAFETY
|
Role |
Amicus - Respondent
|
Status |
Active
|
Representations |
JOSHUA P. WELSH
|
|
Name |
UHS ACUTE CARE
|
Role |
Amicus - Respondent
|
Status |
Active
|
Representations |
JOSHUA P. WELSH
|
|
Name |
QUALITY CIRCLE FOR HEALTHCARE, INC.
|
Role |
Amicus - Respondent
|
Status |
Active
|
Representations |
JOSHUA P. WELSH
|
|
Name |
MIDWEST ALLIANCE FOR PATIENT SAFETY
|
Role |
Amicus - Respondent
|
Status |
Active
|
Representations |
JOSHUA P. WELSH
|
|
Name |
CALIFORNIA HOSPITAL PATIENT SAFETY ORGANIZATION
|
Role |
Amicus - Respondent
|
Status |
Active
|
Representations |
JOSHUA P. WELSH
|
|
Name |
ASCENSION HEALTH PATIENT SAFETY ORGANIZATION
|
Role |
Amicus - Respondent
|
Status |
Active
|
Representations |
JOSHUA P. WELSH
|
|
Name |
THE PATIENT SAFETY ORGANIZATION OF FLORIDA
|
Role |
Amicus - Respondent
|
Status |
Active
|
Representations |
Mr. Andrew S. Bolin
|
|
Name |
PSYCHSAFE
|
Role |
Amicus - Respondent
|
Status |
Active
|
Representations |
JOSHUA P. WELSH
|
|
Name |
QUANTROS PATIENT SAFETY CENTER
|
Role |
Amicus - Respondent
|
Status |
Active
|
Representations |
JOSHUA P. WELSH
|
|
Name |
MCIC VERMONT PSO
|
Role |
Amicus - Respondent
|
Status |
Active
|
Representations |
JOSHUA P. WELSH
|
|
Name |
MANATEE MEMORIAL HOSPITAL, INC.
|
Role |
Amicus - Respondent
|
Status |
Active
|
Representations |
JOSHUA P. WELSH
|
|
Name |
AMERICAN MEDICAL FOUNDATION PATIENT SAFETY ORGANIZATION
|
Role |
Amicus - Respondent
|
Status |
Active
|
Representations |
JOSHUA P. WELSH
|
|
Name |
American Medical Association
|
Role |
Amicus - Respondent
|
Status |
Active
|
Representations |
JOSHUA P. WELSH
|
|
Name |
FLORIDA MEDICAL ASSOCIATION, INC.
|
Role |
Amicus - Respondent
|
Status |
Active
|
Representations |
JOSHUA P. WELSH
|
|
Name |
ALLIANCE FOR QUALITY IMPROVEMENT AND PATIENT SAFETY
|
Role |
Amicus - Respondent
|
Status |
Active
|
Representations |
PAUL E. DWYER, ELIZABETH J CAMPBELL
|
|
Name |
L P & CO INC
|
Role |
Amicus - Respondent
|
Status |
Active
|
Representations |
JOSHUA P. WELSH
|
|
Name |
ADVENTIST HEALTH SYSTEM/SUNBELT, INC.
|
Role |
Amicus - Respondent
|
Status |
Active
|
Representations |
JOSHUA P. WELSH
|
|
Name |
VIZIENT PSO
|
Role |
Amicus - Respondent
|
Status |
Active
|
Representations |
JOSHUA P. WELSH
|
|
Name |
CRESTVIEW HOSPITAL CORPORATION
|
Role |
Amicus - Respondent
|
Status |
Active
|
Representations |
JOSHUA P. WELSH
|
|
Name |
ECRI INSTITUTE PSO
|
Role |
Amicus - Respondent
|
Status |
Active
|
Representations |
Mr. Andrew S. Bolin, JOSHUA P. WELSH
|
|
Name |
STRATEGIC RADIOLOGY PATIENT SAFETY ORGANIZATION LLC
|
Role |
Amicus - Respondent
|
Status |
Active
|
Representations |
JOSHUA P. WELSH
|
|
Name |
Hon. Waddell A. Wallace III
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Jon S. Wheeler
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Name |
Ronnie Fussell
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Name |
D/B/A BAPTIST MEDICAL CENTER-SOUTH
|
Role |
Appellee
|
Status |
Active
|
|
Name |
YUVAL Z. NAOT, M.D.
|
Role |
Appellee
|
Status |
Active
|
Representations |
P. SCOTT MITCHELL, KATHERYN L. HOOD
|
|
Name |
FLORIDA HEALTH SCIENCES CENTER, INC D/B/A TAMPA GENERAL HOSP
|
Role |
Amicus - Respondent
|
Status |
Active
|
Representations |
JOSHUA P. WELSH
|
|
Name |
THE JOINT COMMISSION
|
Role |
Amicus - Respondent
|
Status |
Active
|
Representations |
KATHLEEN T. PANKAU, Ms. Kristen M. Fiore, KIRK S. DAVIS, Katherine E. Giddings
|
|
Docket Entries
Docket Date |
2016-06-30
|
Type |
Order
|
Subtype |
Other Substantive
|
Description |
ORDER-OTHER SUBSTANTIVE DY ~ Appellants' Opposed Motion to Accept USA Amicus Brief as Supplemental Authority or Take Judicial Notice of Same is hereby denied.
|
|
Docket Date |
2016-06-29
|
Type |
Notice
|
Subtype |
Supplemental Authority
|
Description |
NOTICE-SUPPLEMENTAL AUTHORITY
|
On Behalf Of |
JEAN CHARLES, JR.
|
View |
View File
|
|
Docket Date |
2016-06-29
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ APPELLANTS' RESPONSE OPPOSING APPELLEE BAPTIST'S MOTIONFOR LEAVE TO FILE SUPPLEMENTAL BRIEF
|
On Behalf Of |
JEAN CHARLES, JR.
|
View |
View File
|
|
Docket Date |
2016-06-27
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ BAPTIST'S RESPONSE TO APPELLANTS' OPPOSEDMOTION TO ACCEPT USA AMICUS BRIEF AS SUPPLEMENTALAUTHORITY OR TAKE JUDICIAL NOTICE OF SAME
|
On Behalf Of |
SOUTHERN BAPTIST HOSPITAL OF FLORIDA, INC.
|
View |
View File
|
|
Docket Date |
2016-06-15
|
Type |
Motion
|
Subtype |
Brief Supplementation
|
Description |
MOTION-BRIEF SUPPLEMENTATION ~ BAPTIST'S MOTION FOR LEAVE TO FILE SUPPLEMENTAL BRIEF
|
On Behalf Of |
SOUTHERN BAPTIST HOSPITAL OF FLORIDA, INC.
|
View |
View File
|
|
Docket Date |
2017-10-02
|
Type |
Miscellaneous Document
|
Subtype |
USSC Disp-Certiorari Denied
|
Description |
USSC Disp-Certiorari Dy ~ The Court today entered the following order in the above-entitled case: The motion for leave to file a brief in opposition under seal with redacted copies for the public record is granted. The motion for leave to file a motion for just damages and costs pursuant to Rule 42.2 under seal withredacted copies for the public record is granted. The motion for leave to file a response to motion for leave to file a motion for just damages and costs pursuant to Rule 42.2 under seal with redacted copies for the public record is granted. The motion for just damages and costs pursuant to Rule 42.2 isdenied. The petition for a writ of certiorari is denied. (REC'D BY FSC 10/06/2017)
|
View |
View File
|
|
Docket Date |
2017-06-12
|
Type |
Miscellaneous Document
|
Subtype |
USSC Not/Cert Filed in FSC
|
Description |
USSC NOT/CERT FILED IN FSC ~ The petition for a writ of certiorari in the above entitled case was filed on May31, 2017 and placed on the docket June 6, 2017 as No. 16-1446.
|
|
Docket Date |
2017-05-31
|
Type |
Miscellaneous Document
|
Subtype |
USSC Certiorari
|
Description |
USSC CERTIORARI ~ The petition for a writ of certiorari in the above entitled case was filed on May 31, 2017 and placed on the docket June 6, 2017 as No. 16-1446.
|
|
Docket Date |
2017-04-14
|
Type |
Miscellaneous Document
|
Subtype |
USSC Application Ext of Time
|
Description |
USSC APPLICATION EXT OF TIME ~ Application No. 16A984 - The application for an extension of time within which to file a petition for a writ of certiorari in the above-entitled case has been presented to Justice Thomas, who on April 27, 2017, extended the time to and including May 31, 2017. This letter has been sent to those designated on the attached notification list. (REC'D BY FSC 05/01/2017)
|
|
Docket Date |
2017-02-27
|
Type |
Miscellaneous Document
|
Subtype |
Publish Full
|
Description |
PUBLISH FULL
|
View |
View File
|
|
Docket Date |
2017-02-24
|
Type |
Mandate
|
Subtype |
Mandate Issued
|
Description |
MANDATE
|
|
Docket Date |
2017-02-15
|
Type |
Miscellaneous Document
|
Subtype |
Mail Returned
|
Description |
MAIL RETURNED ~ William DeForest Thompson, Jr. ***02/15/17: Updated address and mailed opinion.***
|
View |
View File
|
|
Docket Date |
2017-01-31
|
Type |
Disposition
|
Subtype |
Reversed
|
Description |
DISP-REVERSED ~ FSC-OPINION: In conclusion, we hold that Congress did not intend to preempt state laws or Amendment 7 through the passage of the Federal Act creating a voluntary reporting system. Rather, the clear intent of the Federal Act, as set forth in the actual language of the Federal Act, was for the voluntary reporting system to function harmoniously within existing state reporting and discovery laws. The Federal Act was intended by Congress to improve the overall health care in this system, not to act as a shield to providers, thereby dismantling an important right afforded to Florida citizens through Amendment 7. Moreover, health care providers should not be able to unilaterally decide which documents will be discoverable and which will not in medical malpractice cases. Accordingly, we reverse the decision of the First District below. It is so ordered.
|
View |
View File
|
|
Docket Date |
2017-01-06
|
Type |
Notice
|
Subtype |
Supplemental Authority
|
Description |
NOTICE-SUPPLEMENTAL AUTHORITY
|
On Behalf Of |
SOUTHERN BAPTIST HOSPITAL OF FLORIDA, INC.
|
View |
View File
|
|
Docket Date |
2016-10-05
|
Type |
Event
|
Subtype |
Oral Argument Held
|
Description |
ORAL ARGUMENT HELD
|
|
Docket Date |
2016-10-04
|
Type |
Motion
|
Subtype |
Notice-Dismiss (Voluntary Stipulation)
|
Description |
NOTICE-DISMISS (VOLUNTARY STIPULATION) ~ Filed as "Stipulation for Dismissal"
|
On Behalf Of |
SOUTHERN BAPTIST HOSPITAL OF FLORIDA, INC.
|
View |
View File
|
|
Docket Date |
2016-09-22
|
Type |
Notice
|
Subtype |
Supplemental Authority
|
Description |
NOTICE-SUPPLEMENTAL AUTHORITY
|
On Behalf Of |
JEAN CHARLES, JR.
|
View |
View File
|
|
Docket Date |
2016-07-21
|
Type |
Brief
|
Subtype |
Supplemental Answer-Merit
|
Description |
SUPP ANSWER BRIEF-MERITS
|
On Behalf Of |
SOUTHERN BAPTIST HOSPITAL OF FLORIDA, INC.
|
View |
View File
|
|
Docket Date |
2016-07-01
|
Type |
Order
|
Subtype |
Brief Supplementation
|
Description |
ORDER-BRIEF SUPPLEMENTATION GR ~ Baptist's Motion for Leave to File Supplemental Brief is hereby granted in part. The parties are hereby directed, within twenty days, to simultaneously file supplemental briefs addressing the "Guidance on Patient Safety and Quality Improvement Act of 2005" issued by the U.S. Department of Health and Human Services on May 24, 2016. The supplemental briefs shall not exceed ten pages. No other issues shall be addressed.
|
|
Docket Date |
2016-06-01
|
Type |
Order
|
Subtype |
OA Schedule
|
Description |
ORDER-OA SCHED ~ The above case is hereby scheduled for oral argument at 9:00 a.m., Wednesday, October 5, 2016. 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 |
2016-06-01
|
Type |
Notice
|
Subtype |
Supplemental Authority
|
Description |
NOTICE-SUPPLEMENTAL AUTHORITY ~ APPELLANTS' AMENDED NOTICE OF SUPPLEMENTAL AUTHORITY
|
On Behalf Of |
JEAN CHARLES, JR.
|
View |
View File
|
|
Docket Date |
2016-05-26
|
Type |
Notice
|
Subtype |
Supplemental Authority
|
Description |
NOTICE-SUPPLEMENTAL AUTHORITY ~ ***STRICKEN 5/31/16***
|
On Behalf Of |
JEAN CHARLES, JR.
|
View |
View File
|
|
Docket Date |
2016-05-20
|
Type |
Brief
|
Subtype |
Reply-Merit
|
Description |
REPLY BRIEF-MERITS
|
On Behalf Of |
JEAN CHARLES, JR.
|
View |
View File
|
|
Docket Date |
2016-05-16
|
Type |
Order
|
Subtype |
Extension of Time (Merits Brief)
|
Description |
ORDER-EXT OF TIME GR (REPLY BRIEF-MERITS) ~ Appellant's motion for extension of time is granted and appellant is allowed to and including May 23, 2016, in which to serve the reply brief on the merits. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO APPELLANT FOR THE FILING OF THE REPLY BRIEF ON THE MERITS.
|
|
Docket Date |
2016-05-13
|
Type |
Motion
|
Subtype |
Ext of Time (Reply Brief-Merit)
|
Description |
MOTION-EXT OF TIME (REPLY BRIEF-MERITS)
|
On Behalf Of |
JEAN CHARLES, JR.
|
View |
View File
|
|
Docket Date |
2016-05-03
|
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 Paul E. Dwyer, on behalf of appellee, 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 May 2, 2016.
|
|
Docket Date |
2016-05-02
|
Type |
Miscellaneous Document
|
Subtype |
Pay Pro Hac Vice Fee-100
|
Description |
PAY PRO HAC VICE FEE-100 ~ Fee paid for Paul Dwyer
|
On Behalf Of |
ALLIANCE FOR QUALITY IMPROVEMENT AND PATIENT SAFETY
|
|
Docket Date |
2016-04-29
|
Type |
Brief
|
Subtype |
Amicus Curiae Answer
|
Description |
AMICUS CURIAE ANSWER BRIEF-MERITS ~ AMICUS CURIAE BRIEF OF THE JOINT COMMISSION IN SUPPORTOF APPELLEE SOUTHERN BAPTIST HOSPITAL OF FLORIDA, INC.
|
On Behalf Of |
THE JOINT COMMISSION
|
View |
View File
|
|
Docket Date |
2016-04-27
|
Type |
Motion
|
Subtype |
Request-Oral Argument
|
Description |
REQUEST-ORAL ARGUMENT
|
On Behalf Of |
SOUTHERN BAPTIST HOSPITAL OF FLORIDA, INC.
|
View |
View File
|
|
Docket Date |
2016-05-02
|
Type |
Motion
|
Subtype |
Couns Pro Hac Vice (Foreign Counsel)
|
Description |
MOTION-COUNS PRO HAC VICE (FOREIGN COUNSEL) ~ Paul E. Dwyer
|
On Behalf Of |
ALLIANCE FOR QUALITY IMPROVEMENT AND PATIENT SAFETY
|
View |
View File
|
|
Docket Date |
2016-05-02
|
Type |
Order
|
Subtype |
Brief Amendment
|
Description |
ORDER-BRIEF AMENDMENT GR ~ Respondent's Amicus Curiae Brief of The Patient Safety Organization of Florida and ECRI Institute PSO is accepted and said amended brief was filed with this Court on May 2, 2016. Respondent's Amicus Curiae Brief of The Patient Safety Organization of Florida and ECRI Institute PSO filed with this Court on May 2, 2016, is hereby stricken.
|
|
Docket Date |
2016-04-21
|
Type |
Brief
|
Subtype |
Answer-Merit
|
Description |
ANSWER BRIEF-MERITS
|
On Behalf Of |
SOUTHERN BAPTIST HOSPITAL OF FLORIDA, INC.
|
View |
View File
|
|
Docket Date |
2016-03-30
|
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 and the Florida Medical Association the "Association Amici" is hereby granted and they are allowed to file brief only in support of appellee. The brief by the above referenced amicus curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
|
|
Docket Date |
2016-03-28
|
Type |
Motion
|
Subtype |
Amicus Curiae
|
Description |
MOTION-AMICUS CURIAE ~ The American Medical Association and the Florida Medical Association (the"Association Amici")
|
On Behalf Of |
ADVENTIST HEALTH SYSTEM/SUNBELT, INC.
|
|
Docket Date |
2016-02-26
|
Type |
Letter-Case
|
Subtype |
Letter
|
Description |
LETTER ~ re: Pro Hac Fee Maame Gyamfi
|
On Behalf Of |
AARP
|
View |
View File
|
|
Docket Date |
2016-02-23
|
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 Maame Gyamfi, on behalf of appellants, is hereby granted contingent upon counsel's payment of the $100.00 fee required by section 25.241(2)(a), Florida Statutes (2015), within ten days from the date of this order. FAILURE TO TIMELY COMPLY WITH THE PAYMENT REQUIREMENT COULD RESULT IN THIS ORDER BEING VACATED AND THE MOTION BEING DENIED. (2/23/2016: AMENDED TO REFLECT MAAME GYAMFI)
|
|
Docket Date |
2016-02-22
|
Type |
Motion
|
Subtype |
Couns Pro Hac Vice (Foreign Counsel)
|
Description |
MOTION-COUNS PRO HAC VICE (FOREIGN COUNSEL)
|
On Behalf Of |
AARP
|
View |
View File
|
|
Docket Date |
2016-02-22
|
Type |
Brief
|
Subtype |
Amicus Curiae Initial
|
Description |
AMICUS CURIAE INITIAL BRIEF-MERITS ~ ***STRICKEN 02/26/2016***
|
On Behalf Of |
AARP
|
View |
View File
|
|
Docket Date |
2016-02-08
|
Type |
Motion
|
Subtype |
Couns Pro Hac Vice (Foreign Counsel)
|
Description |
MOTION-COUNS PRO HAC VICE (FOREIGN COUNSEL)
|
On Behalf Of |
THE JOINT COMMISSION
|
View |
View File
|
|
Docket Date |
2016-02-05
|
Type |
Order
|
Subtype |
Dismiss DY
|
Description |
ORDER-DISMISS DY ~ Respondent's motion to dismiss is hereby denied.
|
|
Docket Date |
2016-02-19
|
Type |
Motion
|
Subtype |
Amicus Curiae
|
Description |
MOTION-AMICUS CURIAE
|
On Behalf Of |
Florida Justice Association
|
View |
View File
|
|
Docket Date |
2016-02-15
|
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 Kathleen Trebat Pankau, on behalf of The Joint Commission, is hereby granted and counsel's payment of the $100.00 fee required by section 25.241(3), Florida Statutes (2004), was received by this Court on February 8, 2016.
|
|
Docket Date |
2016-02-12
|
Type |
Motion
|
Subtype |
Ext of Time (Answer Brief-Merit)
|
Description |
MOTION-EXT OF TIME (ANSWER BRIEF-MERITS)
|
On Behalf Of |
SOUTHERN BAPTIST HOSPITAL OF FLORIDA, INC.
|
View |
View File
|
|
Docket Date |
2016-02-10
|
Type |
Brief
|
Subtype |
Initial-Merit
|
Description |
INITIAL BRIEF-MERITS
|
On Behalf Of |
JEAN CHARLES, JR.
|
View |
View File
|
|
Docket Date |
2016-02-09
|
Type |
Order
|
Subtype |
Amicus Curiae
|
Description |
ORDER-AMICUS CURIAE GR ~ The motion for leave to file brief as amicus curiae filed by the Alliance for Quality Improvement and Patient Safety is hereby granted and they are allowed to file brief only in support of appellee. The brief by the above referenced amicus curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
|
|
Docket Date |
2016-02-08
|
Type |
Letter-Case
|
Subtype |
Letter
|
Description |
LETTER ~ re: Kathleen Trebat Pankau's Pro Hac Vice Fee w/ copy of motion attached
|
On Behalf Of |
THE JOINT COMMISSION
|
View |
View File
|
|
Docket Date |
2016-01-28
|
Type |
Record
|
Subtype |
Record/Transcript
|
Description |
RECORD ~ CERTITIED COPIES OF APPEAL PAPERS
|
On Behalf Of |
Jon S. Wheeler
|
|
Docket Date |
2016-01-28
|
Type |
Order
|
Subtype |
Amicus Curiae
|
Description |
ORDER-AMICUS CURIAE GR ~ The motion for leave to file brief as amicus curiae filed by AARP is hereby granted and they are allowed to file brief. The brief by the above referenced amicus curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
|
|
Docket Date |
2016-01-25
|
Type |
Motion
|
Subtype |
Amicus Curiae
|
Description |
MOTION-AMICUS CURIAE
|
On Behalf Of |
AARP
|
View |
View File
|
|
Docket Date |
2016-01-07
|
Type |
Order
|
Subtype |
Amicus Curiae
|
Description |
ORDER-AMICUS CURIAE GR ~ The motion for leave to file brief as amicus curiae filed by The Patient Safety Organization of Florida (the PSOF) and ECRI Institute PSO (ECRI) is hereby granted and they are allowed to file brief only in support of appellee. The brief by the above referenced amicus curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
|
|
Docket Date |
2016-01-06
|
Type |
Notice
|
Subtype |
Appearance
|
Description |
NOTICE-APPEARANCE ~ Thomas Stoneham Edwards, Jr.
|
On Behalf Of |
JEAN CHARLES, JR.
|
View |
View File
|
|
Docket Date |
2016-01-04
|
Type |
Response
|
Subtype |
Appendix-Response
|
Description |
APPENDIX-RESPONSE ~ FILED AS "APPENDIX TO APPELLANTS' RESPONSE TO MOTION TO DISMISS"
|
On Behalf Of |
JEAN CHARLES, JR.
|
|
Docket Date |
2015-12-30
|
Type |
Motion
|
Subtype |
Ext of Time (Initial Brief-Merit)
|
Description |
MOTION-EXT OF TIME (INITIAL BRIEF-MERITS)
|
On Behalf Of |
JEAN CHARLES, JR.
|
View |
View File
|
|
Docket Date |
2015-12-29
|
Type |
Order
|
Subtype |
Dismissal re: Failure To Comply
|
Description |
ORDER-DISMISSAL RE: FAILURE TO COMPLY ~ In reviewing our records, we note that your case is subject to dismissal for failure to comply with this Court's direction. See Fla. R. App. P. 9.410.We have not received the appellant's initial brief on the merits with appendix in accordance with Florida Rule of Appellate Procedure 9.110(j). Failure to file the above referenced documents with this Court within fifteen days from the date of this order could result in the imposition of sanctions, including dismissal of the petition for review. Please understand that once this case is dismissed, it may not be subject to reinstatement.
|
|
Docket Date |
2015-12-18
|
Type |
Order
|
Subtype |
Amicus Curiae
|
Description |
ORDER-AMICUS CURIAE GR ~ The motion for leave to file brief as amicus curiae filed by the Florida Consumer Action Network is hereby granted and they are allowed to file brief only in support of appellants. The brief by the above referenced amicus curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
|
|
Docket Date |
2015-12-17
|
Type |
Motion
|
Subtype |
Amicus Curiae
|
Description |
MOTION-AMICUS CURIAE ~ FLORIDA CONSUMER ACTION NETWORK'S UNOPPOSEDMOTION FOR LEAVE TO FILE AMICUS CURIAEBRIEF ON BEHALF OF PETITIONERS
|
On Behalf Of |
FLORIDA CONSUMER ACTION NETWORK
|
View |
View File
|
|
Docket Date |
2015-12-16
|
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 Michael R. Callahan, is hereby granted contingent upon counsel's payment of the $100.00 fee required by section 25.241(3), Florida Statutes (2004), within ten days from the date of this order. FAILURE TO TIMELY COMPLY WITH THE PAYMENT REQUIREMENT COULD RESULT IN THIS ORDER BEING VACATED AND THE MOTION BEING DENIED.
|
|
Docket Date |
2015-12-15
|
Type |
Motion
|
Subtype |
Dismiss
|
Description |
MOTION-DISMISS ~ Filed as "BAPTIST'S MOTION TO DISMISS"
|
On Behalf Of |
SOUTHERN BAPTIST HOSPITAL OF FLORIDA, INC.
|
View |
View File
|
|
Docket Date |
2015-12-09
|
Type |
Motion
|
Subtype |
Couns Pro Hac Vice (Foreign Counsel)
|
Description |
MOTION-COUNS PRO HAC VICE (FOREIGN COUNSEL) ~ Copy received 12/17/2015
|
On Behalf Of |
CLARITY PSO
|
|
Docket Date |
2015-12-02
|
Type |
Order
|
Subtype |
Couns Pro Hac Vice (Foreign Counsel)
|
Description |
ORDER-COUNSEL PRO HAC VICE (FOREIGN COUNSEL) ~ Any attorney involved in the above case who is not a member of The Florida Bar should immediately file a proper motion pursuant to Florida Rule of Judicial Administration 2.510, if they wish to have this Court consider them as counsel of record. Failure to file a proper motion could result in the imposition of sanctions, including striking the pleading listing the foreign attorney as counsel of record.
|
|
Docket Date |
2015-12-02
|
Type |
Letter-Case
|
Subtype |
Acknowledgment Letter-New Case
|
Description |
ACKNOWLEDGMENT LETTER-NEW CASE
|
|
Docket Date |
2015-12-01
|
Type |
Event
|
Subtype |
Fee Paid in Full - $300
|
Description |
Fee Paid In Full - $300
|
|
Docket Date |
2015-11-25
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
Docket Date |
2015-11-25
|
Type |
Notice
|
Subtype |
Appeal
|
Description |
NOTICE-APPEAL (STAT/CONST INVALID) ~ **UNCERTFIED COPY** (REC'D 11/30/2015)
|
On Behalf Of |
JEAN CHARLES, JR.
|
View |
View File
|
|
Docket Date |
2016-02-01
|
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 February 10, 2016, in which to serve the initial brief on the merits. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO PETITIONER FOR THE FILING OF THE INITIAL BRIEF ON THE MERITS. All other times will be extended accordingly.
|
|
Docket Date |
2016-02-01
|
Type |
Motion
|
Subtype |
Toll Time
|
Description |
MOTION-TOLL TIME
|
On Behalf Of |
JEAN CHARLES, JR.
|
View |
View File
|
|
Docket Date |
2016-01-05
|
Type |
Motion
|
Subtype |
Amicus Curiae
|
Description |
MOTION-AMICUS CURIAE ~ MOTION FOR LEAVE TO APPEAR AS AMICUS CURIAEIN SUPPORT OF APPELLEE,SOUTHERN BAPTIST HOSPITAL OF FLORIDA, INC.
|
On Behalf Of |
ECRI INSTITUTE PSO
|
View |
View File
|
|
Docket Date |
2015-12-30
|
Type |
Order
|
Subtype |
Extension of Time (Merits Brief)
|
Description |
ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS) ~ Appellants' motion for extension of time is granted, and appellants are allowed to and including February 3, 2016, in which to serve the initial brief on the merits. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO APPELLANTS FOR THE FILING OF THE INITIAL BRIEF ON THE MERITS. All other times will be extended accordingly.
|
|
Docket Date |
2016-06-08
|
Type |
Motion
|
Subtype |
Other Substantive
|
Description |
MOTION-OTHER SUBSTANTIVE ~ APPELLANTS' OPPOSED MOTION TO ACCEPT USA AMICUS BRIEF AS SUPPLEMENTAL AUTHORITY OR TAKE JUDICIAL NOTICE OF SAME
|
On Behalf Of |
JEAN CHARLES, JR.
|
View |
View File
|
|
Docket Date |
2016-05-31
|
Type |
Order
|
Subtype |
Supplemental Authority Stricken
|
Description |
ORDER-SUPP AUTHORITY STRICKEN ~ Appellants' Notice of Supplemental Authority does not comply with Florida Rule of Appellate Procedure 9.225 and is hereby stricken. Rule 9.225 does not permit argument in a notice of supplemental authority and does not list a brief as an item that may be filed as a supplemental authority.
|
|
Docket Date |
2016-05-02
|
Type |
Brief
|
Subtype |
Amicus Curiae Answer
|
Description |
AMICUS CURIAE ANSWER BRIEF-MERITS ~ AMICUS CURIAE BRIEFOF THE PATIENT SAFETY ORGANIZATION OF FLORIDA AND ECRIINSTITUTE PSO ***STRICKEN 05/02/2016***
|
On Behalf Of |
THE PATIENT SAFETY ORGANIZATION OF FLORIDA
|
View |
View File
|
|
Docket Date |
2016-03-31
|
Type |
Order
|
Subtype |
Amicus Curiae
|
Description |
ORDER-AMICUS CURIAE GR ~ The motion for leave to file brief as amicus curiae filed by Clarity PSO, Vizient PSO, California Hospital Patient Safety Organization, CHS PSO, LLC, The PSO Advisory, LLC, Society of NeuroInterventional Surgery PSO, QA to QI LLC, Pascal Metrics, Inc., MEDNAX PSO, LLC, Child Health Patient Safety Organization, Inc., Missouri Center for Patient Safety, NC Quality Center PSO, American Data Network PSO, ECRI Institute PSO, Strategic Radiology Patient Safety Organization LLC, Ascension Health Patient Safety Organization, Quantros Patient Safety Center, Quality Circle for Healthcare, Inc., PsychSafe, UHS Acute Care PSO, Midwest Alliance for Patient Safety, Alliance for Patient Medication Safety, American Medical Foundation Patient Safety Organization, Center for the Assessment of Radiological Sciences PSO, MCIC Vermont PSO (the "PSO Amici") and IASIS Healthcare LLC, Florida Health Sciences Center, Inc. d/b/a Tampa General Hospital, Crestview Hospital Corporation, Lake Wales HospitalCorporation, Manatee Memorial Hospital, L.P., La Amistad Residential Treatment Center, LLC, and Adventist Health System/Sunbelt, Inc. (the "Provider Amici") is hereby granted and they are allowed to file brief only in support of appellee. The brief by the above referenced amicus curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
|
|
Docket Date |
2016-02-26
|
Type |
Order
|
Subtype |
Brief Amendment
|
Description |
ORDER-BRIEF AMENDMENT GR ~ AARP's amended amicus curiae brief is granted and said amended brief was filed with this Court on February 22, 2016. AARP's amicus curiae brief filed with this Court on February 22, 2016, is hereby stricken.
|
|
Docket Date |
2016-02-25
|
Type |
Order
|
Subtype |
Amicus Curiae
|
Description |
ORDER-AMICUS CURIAE GR ~ The motion for leave to file brief as amicus curiae filed by The Florida Justice Association (FJA) is hereby granted and they are allowed to file brief only in support of appellant. The brief by the above referenced amicus curiae was filed with this Court on February 22, 2016.
|
|
Docket Date |
2016-02-03
|
Type |
Motion
|
Subtype |
Amicus Curiae
|
Description |
MOTION-AMICUS CURIAE ~ UNOPPOSED MOTION FOR LEAVE TO PARTICIPATEAS AMICUS CURIAE BY THE ALLIANCE FOR QUALITYIMPROVEMENT AND PATIENT SAFETY
|
On Behalf Of |
ALLIANCE FOR QUALITY IMPROVEMENT AND PATIENT SAFETY
|
View |
View File
|
|
|
EMMA GAYLE WEAVER, ETC. VS STEPHEN C. MYERS, M.D., ET AL.
|
SC2015-1538
|
2015-08-20
|
Closed
|
|
Classification |
Discretionary Review - Notice to Invoke - Statutory Validity
|
Court |
Supreme Court of Florida
|
Originating Court |
Circuit Court for the First Judicial Circuit, Escambia County
172013CA001714XXXXXX
Circuit Court for the First Judicial Circuit, Escambia County
1D14-3178
|
Parties
Name |
EMMA GAYLE WEAVER
|
Role |
Petitioner
|
Status |
Active
|
Representations |
ROBERT S. PECK, Ms. Virginia Marie Buchanan, WAYNE CAMERON STEPHENSON
|
|
Name |
(D/B/A) WEST FLORIDA HOSPITAL
|
Role |
Respondent
|
Status |
Active
|
|
Name |
(D/B/A) WEST FLORIDA CARDIOVASCULAR AND THORACIC SURGERY
|
Role |
Respondent
|
Status |
Active
|
|
Name |
(A/K/A) WEST FLORIDA MEDICAL GROUP
|
Role |
Respondent
|
Status |
Active
|
|
Name |
WEST FLORIDA REGIONAL MEDICAL CENTER, LLC
|
Role |
Respondent
|
Status |
Active
|
|
Name |
STEPHEN C. MYERS, M.D.
|
Role |
Respondent
|
Status |
Active
|
Representations |
Mr. Erik P. Bartenhagen, Mark Hicks
|
|
Name |
WEST FLORIDA SPECIALTY PHYSICANS, LLC
|
Role |
Respondent
|
Status |
Active
|
|
Name |
FLORIDA JUSTICE ASSOCIATION, INC.
|
Role |
Amicus - Petitioner
|
Status |
Active
|
Representations |
Adam Richardson, Philip M. Burlington
|
|
Name |
FLORIDA MEDICAL ASSOCIATION, INC.
|
Role |
Amicus - Respondent
|
Status |
Active
|
Representations |
Mr. Andrew S. Bolin
|
|
Name |
American Medical Association
|
Role |
Amicus - Respondent
|
Status |
Active
|
Representations |
Mr. Andrew S. Bolin
|
|
Name |
THE ATTORNEY GENERAL
|
Role |
Amicus - Respondent
|
Status |
Active
|
Representations |
Mr. Jordan E. Pratt
|
|
Name |
FLORIDA HOSPITAL ASSOCIATION, INC.
|
Role |
Amicus - Respondent
|
Status |
Active
|
Representations |
Mr. Andrew S. Bolin
|
|
Name |
FLORIDA JUSTICE REFORM INSTITUTE, INC.
|
Role |
Amicus - Respondent
|
Status |
Active
|
Representations |
Tiffany A. Roddenberry, William W. Large, Mark K. Delegal
|
|
Name |
Hon. Edward Phillips Nickinson III
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Hon. Kristina Samuels
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Name |
Hon. Pam Childers
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2017-12-04
|
Type |
Miscellaneous Document
|
Subtype |
Publish Full
|
Description |
PUBLISH FULL
|
View |
View File
|
|
Docket Date |
2017-11-30
|
Type |
Mandate
|
Subtype |
Mandate Issued
|
Description |
MANDATE ~ CC: COUNSEL
|
|
Docket Date |
2017-11-09
|
Type |
Disposition
|
Subtype |
Quashed & Remanded
|
Description |
DISP-QUASHED & REMANDED ~ FSC-OPINION: We quash the decision below and remand for further proceedings consistent with this opinion. It is so ordered.
|
View |
View File
|
|
Docket Date |
2016-12-08
|
Type |
Event
|
Subtype |
Oral Argument Held
|
Description |
ORAL ARGUMENT HELD
|
|
Docket Date |
2016-08-30
|
Type |
Order
|
Subtype |
OA Schedule
|
Description |
ORDER-OA SCHED ~ The above case is hereby scheduled for oral argument at 9:00 a.m., Thursday, December 8, 2016. 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 |
2016-08-24
|
Type |
Brief
|
Subtype |
Reply-Merit
|
Description |
REPLY BRIEF-MERITS ~ FILED AS "REPLY BRIEF FOR PETITIONER"
|
On Behalf Of |
EMMA GAYLE WEAVER
|
View |
View File
|
|
Docket Date |
2016-08-24
|
Type |
Motion
|
Subtype |
Request-Oral Argument
|
Description |
REQUEST-ORAL ARGUMENT ~ FILED AS "PETITIONER'S MOTION REQUESTING ORAL ARGUMENT"
|
On Behalf Of |
EMMA GAYLE WEAVER
|
View |
View File
|
|
Docket Date |
2016-07-12
|
Type |
Order
|
Subtype |
Amicus Curiae
|
Description |
ORDER-AMICUS CURIAE GR ~ The motion for leave to file brief as amicus curiae filed by The Attorney General is hereby granted and they are allowed to file brief only in support of respondents. The brief by the above referenced amicus curiae was filed with this Court on July 11, 2016.
|
|
Docket Date |
2016-07-11
|
Type |
Brief
|
Subtype |
Amicus Curiae Answer
|
Description |
AMICUS CURIAE ANSWER BRIEF-MERITS ~ AMICUS BRIEF OF THE FLORIDA HOSPITAL ASSOCIATION, THEFLORIDA MEDICAL ASSOCIATION AND THE AMERICAN MEDICALASSOCIATION
|
On Behalf Of |
FLORIDA HOSPITAL ASSOCIATION
|
View |
View File
|
|
Docket Date |
2016-07-11
|
Type |
Motion
|
Subtype |
Amicus Curiae
|
Description |
MOTION-AMICUS CURIAE ~ ATTORNEY GENERAL'S UNOPPOSED MOTION FORLEAVE TO FILE A BRIEF AS AMICUS CURIAEIN SUPPORT OF RESPONDENTS
|
On Behalf Of |
THE ATTORNEY GENERAL
|
View |
View File
|
|
Docket Date |
2016-06-01
|
Type |
Motion
|
Subtype |
Amicus Curiae
|
Description |
MOTION-AMICUS CURIAE ~ FILED AS "MOTION FOR LEAVE TO APPEAR AS AMICUS CURIAE IN SUPPORT OF APPELLEES"
|
On Behalf Of |
FLORIDA HOSPITAL ASSOCIATION
|
View |
View File
|
|
Docket Date |
2016-07-06
|
Type |
Motion
|
Subtype |
Ext of Time (Reply Brief-Merit)
|
Description |
MOTION-EXT OF TIME (REPLY BRIEF-MERITS) ~ FILED AS "UNOPPOSED MOTION FOR EXTENSION OF TIME TO SERVE REPLY BRIEF ON MERTIS"
|
On Behalf Of |
EMMA GAYLE WEAVER
|
View |
View File
|
|
Docket Date |
2016-07-06
|
Type |
Order
|
Subtype |
Extension of Time (Merits Brief)
|
Description |
ORDER-EXT OF TIME GR (REPLY BRIEF-MERITS) ~ Petitioner's Unopposed Motion for Extension of Time to Serve Reply Brief on Merits is granted and petitioner is allowed to and including August 24, 2016, in which to serve the reply brief on the merits. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO PETITIONER FOR THE FILING OF THE REPLY BRIEF ON THE MERITS.
|
|
Docket Date |
2016-06-30
|
Type |
Brief
|
Subtype |
Answer-Merit
|
Description |
ANSWER BRIEF-MERITS ~ FILED AS "RESPONDENTS' ANSWER BRIEF ON THE MERITS"
|
On Behalf Of |
STEPHEN C. MYERS, M.D.
|
View |
View File
|
|
Docket Date |
2016-06-01
|
Type |
Order
|
Subtype |
Certificate of Service Compliance
|
Description |
ORDER-CERTIFICATE OF SERVICE COMPLIANCE ~ All pleadings filed in this Court must contain a Certificate of Service stating the names and addresses of those served and, if served on an attorney, the name of the party that attorney represents. See Fla. R. App. P. 9.420. Your motion for leave to appear as amicus curiae in support of appellees will not be submitted to the Court until you have served all petitioners and respondents, and provide this Court with a proper Certificate of Service. Failure to provide this Court with a Certificate of Service within five days from the date of this order could result in the imposition of sanctions, including dismissal of the petition. See Fla. R. App. P. 9.410. Please understand that once this case is dismissed, it may not be subject to reinstatement.
|
|
Docket Date |
2016-05-20
|
Type |
Order
|
Subtype |
Amicus Curiae
|
Description |
ORDER-AMICUS CURIAE GR ~ The motion for leave to file brief as amicus curiae filed by Florida Justice Reform Institute is hereby granted and they are allowed to file brief only in support of respondents. The brief by the above referenced amicus curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
|
|
Docket Date |
2016-05-20
|
Type |
Motion
|
Subtype |
Amicus Curiae
|
Description |
MOTION-AMICUS CURIAE ~ **FILED AS "UNOPPOSED MOTION FOR LEAVE OF COURT TO FILE AN AMICUS CURIAE BRIEF IN SUPPORT OF RESPONDENTS"**
|
On Behalf Of |
Florida Justice Reform Institute
|
View |
View File
|
|
Docket Date |
2016-05-18
|
Type |
Order
|
Subtype |
Extension of Time (Merits Brief)
|
Description |
ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS) ~ Respondents' Unopposed Motion for Extension of Time to Serve Respondents' Brief on Merits is granted, and respondents are allowed to and including June 30, 2016, in which to serve the answer brief on the merits. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO RESPONDENTS FOR THE FILING OF THE ANSWER BRIEF ON THE MERITS. All other times will be extended accordingly.
|
|
Docket Date |
2016-05-18
|
Type |
Motion
|
Subtype |
Ext of Time (Answer Brief-Merit)
|
Description |
MOTION-EXT OF TIME (ANSWER BRIEF-MERITS) ~ FILED AS "UNOPPOSED MOTION FOR EXTENSION OF TIME TO SERVE RESPONDENTS' BRIEF ON MERITS"
|
On Behalf Of |
STEPHEN C. MYERS, M.D.
|
View |
View File
|
|
Docket Date |
2016-05-17
|
Type |
Record
|
Subtype |
Record/Transcript
|
Description |
RECORD ~ CERTIFIED COPIES OF APPEAL PAPERS (ELECTRONICALLY FILED)
|
|
Docket Date |
2016-05-17
|
Type |
Brief
|
Subtype |
Amicus Curiae Initial
|
Description |
AMICUS CURIAE INITIAL BRIEF-MERITS ~ FILED AS "BRIEF OF AMICUS CURIAE FLORIDA JUSTICE ASSOCIATION IN SUPPORT OF EMMA GAYLE WEAVER"
|
On Behalf Of |
Florida Justice Association
|
View |
View File
|
|
Docket Date |
2016-05-17
|
Type |
Motion
|
Subtype |
Amicus Curiae
|
Description |
MOTION-AMICUS CURIAE ~ FILED AS "MOTION OF FLORIDA JUSTICE ASSOCIATION FOR LEAVE TO FILE AN AMICUS CURIAE BRIEF IN SUPPORT OF APPELLANT OUT OF TIME"
|
On Behalf Of |
Florida Justice Association
|
View |
View File
|
|
Docket Date |
2016-05-03
|
Type |
Brief
|
Subtype |
Appendix-Merit
|
Description |
APPENDIX-MERIT BRIEF
|
On Behalf Of |
EMMA GAYLE WEAVER
|
View |
View File
|
|
Docket Date |
2016-04-13
|
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 shall be served on or before May 3, 2016; respondent's answer brief on the merits shall be served twenty days after service of petitioner's initial brief on the merits; and petitioner's reply brief on the merits shall be served twenty days after service of respondent's answer brief on the merits.The Clerk of the First District Court of Appeal shall file the record which shall be properly indexed and paginated on or before June 13, 2016. The Clerk may provide the record in the format as currently maintained at the district court, either paper or electronic.
|
|
Docket Date |
2015-10-06
|
Type |
Brief
|
Subtype |
Juris Answer
|
Description |
JURIS ANSWER BRIEF
|
On Behalf Of |
STEPHEN C. MYERS, M.D.
|
View |
View File
|
|
Docket Date |
2015-09-22
|
Type |
Brief
|
Subtype |
Juris Initial (Amended)
|
Description |
JURIS INITIAL AMD BRIEF ~ AMENDED BRIEF OF PETITIONER ON JURISDICTION
|
On Behalf Of |
EMMA GAYLE WEAVER
|
View |
View File
|
|
Docket Date |
2015-09-08
|
Type |
Order
|
Subtype |
Brief/Appendix Stricken (Non-Compliance)
|
Description |
ORDER-BRIEF STRICKEN (NON-COMPLIANCE) ~ Petitioner's jurisdictional initial brief, which was filed with this Court on August 31, 2015, does not comply with Florida Rule of Appellate Procedure 9.210 and is hereby stricken. Petitioner is hereby directed, on or before September 28, 2015, to serve an amended brief which is double-spaced and submitted in either Times New Roman 14 point font or Courier New 12 point font. It shall contain, in the following order: a cover sheet, a table of contents, a table of citations, a statement of the case and of the facts, a summary of argument, an argument, a conclusion and include a certificate of compliance which immediately follows the certificate of service. The brief shall not exceed 10 pages. The table of contents and citations, the certificates of service and compliance, and the signature block for the brief's author, shall be excluded from the computation.
|
|
Docket Date |
2015-09-02
|
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 Robert S. Peck, on behalf of petitioner, is hereby granted and counsel's payment of the $100.00 fee required by section 25.241(3), Florida Statutes (2004), was received by this Court on August 28, 2015.
|
|
Docket Date |
2015-08-31
|
Type |
Brief
|
Subtype |
Appendix-Juris
|
Description |
APPENDIX-JURIS BRIEF
|
On Behalf Of |
EMMA GAYLE WEAVER
|
|
Docket Date |
2015-08-28
|
Type |
Event
|
Subtype |
Fee Paid in Full
|
Description |
Fee Paid in Full
|
|
Docket Date |
2015-08-26
|
Type |
Motion
|
Subtype |
Couns Pro Hac Vice (Foreign Counsel)
|
Description |
MOTION-COUNS PRO HAC VICE (FOREIGN COUNSEL) ~ VERIFIED MOTION FOR ADMISSION TO APPEAR PRO HAC VICE PURSUANT TO FLORIDA RULE OF JUDICIAL ADMINISTRATION 2.510
|
On Behalf Of |
EMMA GAYLE WEAVER
|
|
Docket Date |
2015-08-21
|
Type |
Letter-Case
|
Subtype |
Acknowledgment Letter-New Case
|
Description |
ACKNOWLEDGMENT LETTER-NEW CASE
|
|
Docket Date |
2015-08-21
|
Type |
Order
|
Subtype |
Filing Fee Due
|
Description |
ORDER-FILING FEE DUE ~ The jurisdiction of this Court was invoked by the filing of a Notice to Invoke Discretionary Jurisdiction in the lower tribunal; however, said notice was not accompanied by the $300.00 filing fee or an order of insolvency from the district court of appeal as required by Florida Rules of Appellate Procedure 9.110(b) and 9.120(b). The filing fee is due and payable at the time of filing the notice. Petitioner is allowed to and including September 21, 2015, in which to submit the filing fee, or an order of insolvency, or a proper motion for leave to proceed in forma pauperis that complies with sections 57.081 and 57.082, Florida Statutes (2013). Failure to submit the filing fee or one of the above referenced documents to this Court could result in the imposition of sanctions, including dismissal of the notice.Please understand that once this case is dismissed, it is not subject to reinstatement.
|
|
Docket Date |
2015-08-20
|
Type |
Notice
|
Subtype |
Invoke Discretionary Jurisdiction
|
Description |
NOTICE-DISCRETIONARY JURIS (STAT VALID) ~ COPY FILED 08/25/2015
|
On Behalf Of |
EMMA GAYLE WEAVER
|
|
Docket Date |
2015-08-20
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
|
NORMAN DEWAYNE DEAN, ET AL. VS DIVISION OF ADMINISTRATIVE HEARINGS
|
SC2015-1055
|
2015-06-05
|
Closed
|
|
Classification |
Original Proceedings - Writ - Quo Warranto
|
Court |
Supreme Court of Florida
|
Parties
Name |
HUGH COTNEY
|
Role |
Petitioner
|
Status |
Active
|
|
Name |
NORMAN DEWAYNE DEAN
|
Role |
Petitioner
|
Status |
Active
|
Representations |
Mr. Thomas S. Edwards Jr., Philip M. Burlington
|
|
Name |
Donald M. Hinkle
|
Role |
Petitioner
|
Status |
Active
|
|
Name |
DIVISION OF ADMINISTRATIVE
|
Role |
Respondent
|
Status |
Active
|
Representations |
ALLEN WINSOR, Rachel Nordby, ROBERT SAUL COHEN
|
|
Name |
FLORIDA MEDICAL ASSOCIATION, INC.
|
Role |
Amicus - Respondent
|
Status |
Active
|
Representations |
SHANNON MARIE DEBUS-HORN, Mary Joanna Street, Mark Hicks
|
|
Name |
David P. Draigh
|
Role |
Proponent
|
Status |
Active
|
|
Name |
Lawrence G. Horsburgh
|
Role |
Proponent
|
Status |
Active
|
|
Name |
SHELLEY H. LEINICKE
|
Role |
Proponent
|
Status |
Active
|
|
Name |
Raoul G. Cantero
|
Role |
Proponent
|
Status |
Active
|
|
Name |
JAMES TIMOTHY MURPHY
|
Role |
Proponent
|
Status |
Active
|
|
Docket Entries
Docket Date |
2015-12-17
|
Type |
Disposition
|
Subtype |
Dism without Prejudice
|
Description |
DISP-DISM WITHOUT PREJUDICE ~ In their petition for a writ of quo warranto, the petitioners ask this Court to extend Estate of McCall v. United States, 134 So. 3d 894 (Fla. 2014), and declare unconstitutional the $250,000 statutory cap on noneconomic damages in the arbitration of medical malpractice claims pursuant to section 766.207(7)(b), Florida Statutes, and the $350,000 statutory cap on noneconomic damages if the plaintiff rejects an offer to arbitrate pursuant to section 766.209(4)(a), Florida Statutes. However, it is well settled that a petition for a writ of quo warranto is used to challenge a government official or government body's actions. See, e.g., Whiley v. Scott, 79 So. 3d 702 (Fla. 2011); Fla. House of Representatives v. Crist, 999 So. 2d 601 (Fla. 2008). Therefore, because the caps operate by statute without any action by the Division of Administrative Hearings, the petition for a writ of quo warranto is hereby dismissed without prejudice to file an appropriate circuit court proceeding.
|
|
Docket Date |
2015-12-03
|
Type |
Notice
|
Subtype |
Notice
|
Description |
NOTICE ~ NOTICE OF CHANGE OF LAW FIRM NAME
|
On Behalf Of |
JAMES TIMOTHY MURPHY
|
View |
View File
|
|
Docket Date |
2015-08-31
|
Type |
Order
|
Subtype |
Response/Reply Enlargement
|
Description |
ORDER-RESPONSE/REPLY PAGE ENLARGEMENT GR ~ Petitioners' "Motion to Accept Overlength Reply to Respondent and Other Opponents' Responses to the Petition for Writ of Quo Warranto" is granted and petitioners' consolidated reply consisting of 31 pages was filed with this Court on August 3, 2015.
|
|
Docket Date |
2015-08-03
|
Type |
Motion
|
Subtype |
Response/Reply Enlargement
|
Description |
MOTION-RESPONSE/REPLY PAGE ENLARGEMENT ~ FILED AS "MOTION TO ACCEPT OVERLENGTH REPLY TO RESPONDENT AND OTHER OPPONENTS' RESPONSES TO THE PETITION FOR WRIT OF QUO WARRANTO"
|
On Behalf Of |
NORMAN DEWAYNE DEAN
|
|
Docket Date |
2015-08-03
|
Type |
Response
|
Subtype |
Reply to Response
|
Description |
REPLY TO RESPONSE ~ FILED AS "PETITIONER'S CONSOLIDATED REPLY TO RESPONDENT AND OTHER OPPONENTS' RESPONSES TO THE PETITION FOR WRIT OF QUO WARRANTO"
|
On Behalf Of |
NORMAN DEWAYNE DEAN
|
View |
View File
|
|
Docket Date |
2015-07-27
|
Type |
Order
|
Subtype |
Extension of Time (Response/Reply)
|
Description |
ORDER-EXT OF TIME GR (REPLY TO RESPONSE) ~ Petitioners' "Motion for Extension and for Leave to File a Consolidated Reply" is granted and petitioners are allowed to and including August 3, 2015, in which to serve the reply to the responses. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO PETITIONERS FOR THE FILING OF THE REPLY TO THE RESPONSES.
|
|
Docket Date |
2015-07-24
|
Type |
Motion
|
Subtype |
Toll Time
|
Description |
MOTION-TOLL TIME
|
On Behalf Of |
NORMAN DEWAYNE DEAN
|
|
Docket Date |
2015-07-24
|
Type |
Brief
|
Subtype |
Amicus Curiae Answer
|
Description |
AMICUS CURIAE ANSWER BRIEF-MERITS ~ FILED AS "BRIEF OF AMICUS CURIAE FLORIDA MEDICAL ASSOCIATION IN SUPPORT OF RESPONDENT"
|
On Behalf Of |
Florida Medical Association
|
View |
View File
|
|
Docket Date |
2015-07-21
|
Type |
Order
|
Subtype |
Strike
|
Description |
ORDER-STRIKE ~ In light of the filing of ARA West Jacksonville, LLC, ADP Total Source, Frederick Legaspi, R.N., and Virginia Makahiya, R.N.'s Notice of Filing Corrected Answer Brief and the corrected brief filed with this Court on July 20, 2015, it is ordered that their brief filed with this Court on July 16, 2015, is hereby stricken.
|
|
Docket Date |
2015-07-20
|
Type |
Notice
|
Subtype |
Filing
|
Description |
NOTICE-FILING ~ FILED AS "NOTICE OF FILING CORRECTED ANSWER BRIEF" (ARA WEST JACKSONVILLE, LLC., ADP TOTAL SOURCE, FREDERICK LEGASPI, R.N., AND VIRGINIA MAKAHIYA, R.N.)
|
On Behalf Of |
SHELLEY H. LEINICKE
|
|
Docket Date |
2015-07-20
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ FILED AS "CORRECTED BRIEF OF RESPONDENTS, ARA WEST JACKSONVILLE, LLC., ADP TOTAL SOURCE, FREDERICK LEGASPI, R.N., ANDVIRGINIA MAKAHIYA, R.N."
|
On Behalf Of |
SHELLEY H. LEINICKE
|
View |
View File
|
|
Docket Date |
2015-07-17
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ TO ORDER DATED 06/17/2015
|
On Behalf Of |
DIVISION OF ADMINISTRATIVE
|
View |
View File
|
|
Docket Date |
2015-07-16
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ TO ORDER DATED 06/17/2015 (FILED AS "BRIEF OF RESPONDENTS, ARA WEST JACKSONVILLE, LLC., ADP TOTAL SOURCE, FREDERICK LEGASPI, R.N., ANDVIRGINIA MAKAHIYA, R.N.") (***STRICKEN 7/21/2015***)
|
On Behalf Of |
SHELLEY H. LEINICKE
|
|
Docket Date |
2015-07-10
|
Type |
Order
|
Subtype |
Amicus Curiae
|
Description |
ORDER-AMICUS CURIAE GR ~ The motion for leave to file brief as amicus curiae filed by The Florida Medical Association is hereby granted and they are allowed to file brief only in support of respondent. The brief by the above referenced amicus curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
|
|
Docket Date |
2015-07-09
|
Type |
Motion
|
Subtype |
Amicus Curiae
|
Description |
MOTION-AMICUS CURIAE ~ ON BEHALF OF THE FLORIDA MEDICAL ASSOCIATION
|
On Behalf Of |
Florida Medical Association
|
|
Docket Date |
2015-07-09
|
Type |
Notice
|
Subtype |
Appearance
|
Description |
NOTICE-APPEARANCE ~ FILED AS "NOTICE OF APPEARANCE AND DESIGNATION OF ELECTRONIC MAIL ADDRESSES" ON BEHALF OF THE FLORIDA MEDICAL ASSOCIATION
|
On Behalf Of |
Florida Medical Association
|
|
Docket Date |
2015-06-29
|
Type |
Order
|
Subtype |
Extension of Time (Response/Reply)
|
Description |
ORDER-EXT OF TIME GR (RESPONSE) ~ Respondent's motion for extension of time and all other motions for extension of time are hereby granted. Respondent and individuals participating in the Dean pre-suit requirements of chapter 766, Florida Statutes, are hereby allowed to and including July 17, 2015, in which to serve its response. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED FOR SERVING A RESPONSE. The petitioner may serve a reply on or before July 27, 2015.
|
|
Docket Date |
2015-06-26
|
Type |
Motion
|
Subtype |
Ext of Time (Response/Reply)
|
Description |
MOTION-EXT OF TIME (RESPONSE) ~ FILED AS RESPONDENT VIRGINIA MAKAHIYA'S MOTION FOR EXTENSION OF TIME TO FILE RESPONSE
|
On Behalf Of |
JAMES TIMOTHY MURPHY
|
|
Docket Date |
2015-06-26
|
Type |
Notice
|
Subtype |
Appearance
|
Description |
NOTICE-APPEARANCE ~ ON BEHALF OF VIRGINIA MAKAHIYA, R.N.
|
On Behalf Of |
JAMES TIMOTHY MURPHY
|
|
Docket Date |
2015-06-24
|
Type |
Notice
|
Subtype |
Appearance
|
Description |
NOTICE-APPEARANCE ~ ON BEHALF OF ARA WEST JACKSONVILLE, LLC, ADP TOTAL SOURCE AND FREDERICK LEGASPI, R.N.
|
On Behalf Of |
SHELLEY H. LEINICKE
|
|
Docket Date |
2015-06-24
|
Type |
Motion
|
Subtype |
Ext of Time (Response/Reply)
|
Description |
MOTION-EXT OF TIME (RESPONSE) ~ FILED AS "MOTION FOR EXTENSION OF TIME TO SERVE RESPONSE" ON BEHALF OF ARA WEST JACKSONVILLE, LLC, ADP TOTAL SOURCE AND FREDERICK LEGASPI, R.N.
|
On Behalf Of |
SHELLEY H. LEINICKE
|
|
Docket Date |
2015-06-23
|
Type |
Order
|
Subtype |
Extension of Time (Response/Reply)
|
Description |
ORDER-EXT OF TIME GR (RESPONSE) ~ Respondent Orange Park Medical Center, Inc.'s Agreed Motion for Ten-Day Extension of Time to File Response is granted and respondent is allowed to and including July 17, 2015, in which to serve its response. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO RESPONDENT FOR SERVING THE RESPONSE. All other times are extended accordingly.
|
|
Docket Date |
2015-06-22
|
Type |
Motion
|
Subtype |
Toll Time
|
Description |
MOTION-TOLL TIME ~ ON BEHALF OF ORANGE PARK MEDICAL CENTER, INC. D/B/A ORANGE PARK MEDICAL CENTER
|
On Behalf Of |
Raoul G. Cantero
|
|
Docket Date |
2015-06-22
|
Type |
Notice
|
Subtype |
Appearance
|
Description |
NOTICE-APPEARANCE ~ FILED AS "NOTICE OF APPEARANCE OF COUNSEL AND DESIGNATION OF E-MAIL ADDRESSES" ON BEHALF OF ORANGE PARK MEDICAL CENTER, INC. D/B/A ORANGE PARK MEDICAL CENTER
|
On Behalf Of |
Raoul G. Cantero
|
|
Docket Date |
2015-06-17
|
Type |
Order
|
Subtype |
Response/Reply Requested (Spec Issue)
|
Description |
ORDER-RESPONSE/REPLY REQUESTED (SPEC ISSUE) ~ Petitioner has filed a petition for a writ of quo warranto. Respondent and individuals participating in the Dean pre-suit requirements of chapter 766, Florida Statutes, are hereby requested to serve a response to the above-referenced petition on or before July 7, 2015 at 12:00 p.m. The response should include a discussion of whether the petition should be transferred to an appropriate circuit court for consideration as an action for declaratory judgment. The petitioner may serve a reply on or before July 17, 2015 at 12:00 p.m.
|
|
Docket Date |
2015-06-12
|
Type |
Notice
|
Subtype |
Filing
|
Description |
NOTICE-FILING
|
On Behalf Of |
NORMAN DEWAYNE DEAN
|
|
Docket Date |
2015-06-05
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
Docket Date |
2015-06-05
|
Type |
Petition
|
Subtype |
Petition Filed
|
Description |
PETITION-QUO WARRANTO
|
On Behalf Of |
NORMAN DEWAYNE DEAN
|
View |
View File
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|
Docket Date |
2015-06-05
|
Type |
Letter-Case
|
Subtype |
Acknowledgment Letter-New Case
|
Description |
ACKNOWLEDGMENT LETTER-NEW CASE
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|
Docket Date |
2015-06-05
|
Type |
Event
|
Subtype |
Fee Paid Through Portal
|
Description |
Fee Paid Through Portal
|
|
|
MARIANNE EDWARDS VS THE SUNRISE OPHTHALMOLOGY ASC, ETC., ET AL.
|
SC2013-2168
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2013-11-13
|
Closed
|
|
Classification |
Discretionary Review - Notice to Invoke - Direct Conflict of Decisions
|
Court |
Supreme Court of Florida
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Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
4D12-143
Circuit Court for the Seventeenth Judicial Circuit, Broward County
10-40825 CACE 05
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Parties
Name |
HON. MARILYN NEMZURA BEUTTENMULLER, CLERK
|
Role |
Appellant
|
Status |
Withdrawn
|
|
Name |
MARIANNE EDWARDS
|
Role |
Petitioner
|
Status |
Active
|
Representations |
RODRIGO LOUIS SAAVEDRA, LINCOLN J. CONNOLLY
|
|
Name |
FOUNDATION FOR ADVANCED EYE CARE
|
Role |
Respondent
|
Status |
Active
|
|
Name |
THE SUNRISE OPHTHALMOLOGY ASC
|
Role |
Respondent
|
Status |
Active
|
Representations |
KEVIN MONROE VANNATTA
|
|
Name |
GIL A. EPSTEIN
|
Role |
Respondent
|
Status |
Active
|
Representations |
JOHN KELNER, BURT E. REDLUS
|
|
Name |
FORT LAUDERDALE EYE INSTITUTE, INC.
|
Role |
Respondent
|
Status |
Active
|
Representations |
JOHN KELNER, BURT E. REDLUS
|
|
Name |
FLORIDA MEDICAL ASSOCIATION, INC.
|
Role |
Amicus - Respondent
|
Status |
Active
|
Representations |
IAIN LESLIE COOPER KENNEDY
|
|
Name |
American Medical Association
|
Role |
Amicus - Respondent
|
Status |
Active
|
Representations |
IAIN LESLIE COOPER KENNEDY
|
|
Name |
HON. RICHARD DAVID EADE, JUDGE
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Hon. HOWARD FORMAN
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2013-11-15
|
Type |
Letter-Case
|
Subtype |
Acknowledgment Letter-New Case
|
Description |
ACKNOWLEDGMENT LETTER-NEW CASE
|
|
Docket Date |
2015-03-26
|
Type |
Record
|
Subtype |
Record/Transcript Returned
|
Description |
RECORD/TRANSCRIPT RETURNED ~ 2 VOLUMES RECORD & 1 VOLUME (CC PAPERS & BRIEFS HARDCOPY)
|
|
Docket Date |
2015-03-26
|
Type |
Disposition
|
Subtype |
Rev Dism Improvidently Granted (w/o OA)
|
Description |
DISP-REV DISM IMPROVIDENTLY GRANTED (W/O OA) ~ We initially accepted jurisdiction to review the Fourth District Court of Appeal's decision in Edwards v. Sunrise Opthalmology ASC, LLC, 134 So. 3d 1056 (Fla. 4th DCA 2013). See art. V, § 3(b)(3), Fla. Const. However, upon further consideration, we conclude that jurisdiction was improvidently granted. Accordingly, we dismiss the petition. It is so ordered.
|
|
Docket Date |
2014-10-20
|
Type |
Brief
|
Subtype |
Reply-Merit
|
Description |
REPLY BRIEF-MERITS
|
On Behalf Of |
MARIANNE EDWARDS
|
|
Docket Date |
2014-10-02
|
Type |
Order
|
Subtype |
Amicus Curiae
|
Description |
ORDER-AMICUS CURIAE GR ~ The motion for leave to file brief as amicus curiae filed by Florida Medical Association and American Medical Association is hereby granted and they are allowed to file brief only in support of respondent. The brief by the above referenced amicus curiae was filed with this Court on September 30, 2014.
|
|
Docket Date |
2014-09-30
|
Type |
Motion
|
Subtype |
Amicus Curiae
|
Description |
MOTION-AMICUS CURIAE ~ FILED AS UNOPPOSED MOTION OF THE FLORIDA MEDICAL ASSOCIATION AND AMERICAN MEDICAL ASSOCIATION FOR LEAVE TO FILE AMICI CURIAE BRIEF IN SUPPORT OF RESPONDENT
|
On Behalf Of |
Florida Medical Association
|
|
Docket Date |
2014-09-30
|
Type |
Brief
|
Subtype |
Amicus Curiae Answer
|
Description |
AMICUS CURIAE ANSWER BRIEF-MERITS
|
On Behalf Of |
Florida Medical Association
|
|
Docket Date |
2014-09-24
|
Type |
Brief
|
Subtype |
Answer-Merit
|
Description |
ANSWER BRIEF-MERITS ~ OF GIL A. EPSTEIN & FORT LAUDERDALE EYE INSTITUTE, INC.
|
On Behalf Of |
GIL A. EPSTEIN
|
|
Docket Date |
2014-09-03
|
Type |
Brief
|
Subtype |
Appendix-Merit
|
Description |
APPENDIX-MERIT BRIEF ~ TO INITIAL BRIEF MERITS
|
On Behalf Of |
MARIANNE EDWARDS
|
|
Docket Date |
2014-08-28
|
Type |
Notice
|
Subtype |
Notice
|
Description |
NOTICE-ADDRESS CHANGE
|
On Behalf Of |
MARIANNE EDWARDS
|
|
Docket Date |
2014-08-07
|
Type |
Record
|
Subtype |
Record/Transcript
|
Description |
RECORD/TRANSCRIPT ~ 2 VOLUMES RECORD & 1 VOLUME (CC PAPERS & BRIEFS HARDCOPY)
|
|
Docket Date |
2014-08-04
|
Type |
Record
|
Subtype |
Record/Transcript
|
Description |
RECORD ~ ANSWER BRIEF (ELECTRONICALLY FILED)
|
|
Docket Date |
2013-12-16
|
Type |
Order
|
Subtype |
Brief Amendment
|
Description |
ORDER-BRIEF AMENDMENT GR ~ Petitioner's motion to file amended jurisdictional initial brief is granted. Petitioner is allowed to and including December 26, 2013, to file said amended brief with this Court.
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|
Docket Date |
2014-07-30
|
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 September 3, 2014, in which to serve the initial brief on the merits with appendix. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO PETITIONER FOR THE FILING OF THE INITIAL BRIEF ON THE MERITS. All other times will be extended accordingly.
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|
Docket Date |
2014-07-29
|
Type |
Motion
|
Subtype |
Ext of Time (Initial Brief-Merit)
|
Description |
MOTION-EXT OF TIME (INITIAL BRIEF-MERITS)
|
On Behalf Of |
MARIANNE EDWARDS
|
|
Docket Date |
2014-07-29
|
Type |
Notice
|
Subtype |
Appearance
|
Description |
NOTICE-APPEARANCE
|
On Behalf Of |
MARIANNE EDWARDS
|
|
Docket Date |
2014-07-09
|
Type |
Order
|
Subtype |
No Req & Brief Sched/Juris Accepted
|
Description |
ORDER-NO REQ&BRIEF SCHED/JURIS ACCEPTED ~ The Court accepts jurisdiction and dispenses with oral argument pursuant to Florida Rule of Appellate Procedure 9.320.Petitioner's brief on the merits shall be served on or before August 4, 2014; respondent's brief on the merits shall be served twenty days after service of petitioner's brief on the merits; and petitioner's reply brief on the merits shall be served twenty days after service of respondent's brief on the merits.The Clerk of the Fourth District Court of Appeal shall file the record which shall be properly indexed and paginated on or before September 8, 2014. The record shall include the briefs filed in the district court separately indexed. The Clerk may provide the record in the format as currently maintained at the district court, either paper or electronic. If an electronic record, the Clerk of the Fourth District Court of Appeal should contact the Clerk of this Court for instructions on transmittal of the electronic record.
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|
Docket Date |
2013-12-23
|
Type |
Brief
|
Subtype |
Juris Initial (Amended)
|
Description |
JURIS INITIAL AMD BRIEF
|
On Behalf Of |
MARIANNE EDWARDS
|
|
Docket Date |
2013-12-09
|
Type |
Brief
|
Subtype |
Juris Answer
|
Description |
JURIS ANSWER BRIEF
|
On Behalf Of |
GIL A. EPSTEIN
|
|
Docket Date |
2013-12-06
|
Type |
Order
|
Subtype |
Stay Proceedings Below
|
Description |
ORDER-STAY PROCEEDINGS BELOW DY ~ Petitioner's "Emergency Motion to Stay Mandate" filed in the above styled cause is hereby denied.
|
|
Docket Date |
2013-11-25
|
Type |
Event
|
Subtype |
Fee Paid in Full
|
Description |
Fee Paid in Full
|
|
Docket Date |
2013-11-25
|
Type |
Motion
|
Subtype |
Brief Amendment
|
Description |
MOTION-BRIEF AMENDMENT
|
On Behalf Of |
MARIANNE EDWARDS
|
|
Docket Date |
2013-11-25
|
Type |
Brief
|
Subtype |
Appendix-Juris
|
Description |
APPENDIX-JURIS BRIEF ~ TO JURIS INITIAL BRIEF
|
On Behalf Of |
MARIANNE EDWARDS
|
|
Docket Date |
2013-11-22
|
Type |
Brief
|
Subtype |
Juris Initial
|
Description |
JURIS INITIAL BRIEF ~ NO APPENDIX FILED
|
On Behalf Of |
MARIANNE EDWARDS
|
|
Docket Date |
2013-11-22
|
Type |
Motion
|
Subtype |
Stay (Proceedings Below)
|
Description |
MOTION-STAY (PROCEEDINGS BELOW) ~ FILED AS "EMERGENCY MOTION TO STAY MANDATE"
|
On Behalf Of |
MARIANNE EDWARDS
|
|
Docket Date |
2013-11-18
|
Type |
Letter-Case
|
Subtype |
Letter
|
Description |
LETTER ~ DATED 11/13/2013, RE: TRANSMITTAL OF FILING FEE
|
On Behalf Of |
HON. MARILYN NEMZURA BEUTTENMULLER, CLERK
|
|
Docket Date |
2013-11-15
|
Type |
Order
|
Subtype |
Filing Fee Due
|
Description |
ORDER-FILING FEE DUE ~ The jurisdiction of this Court was invoked by the filing of a Notice to Invoke Discretionary Jurisdiction in the lower tribunal; however, said notice was not accompanied by the $300.00 filing fee or an order of insolvency from the district court of appeal as required by Florida Rules of Appellate Procedure 9.110(b) and 9.120(b). The filing fee is due and payable at the time of filing the notice. Petitioner is allowed to and including December 15, 2013, in which to submit the filing fee or an order of insolvency. Failure to submit either of the above referenced documents to this Court could result in the imposition of sanctions, including dismissal of the notice. Please understand that once this case is dismissed, it is not subject to reinstatement.
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|
Docket Date |
2013-11-13
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
Docket Date |
2013-11-13
|
Type |
Notice
|
Subtype |
Invoke Discretionary Jurisdiction
|
Description |
NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT)
|
On Behalf Of |
MARIANNE EDWARDS
|
|
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