| Docket Date |
2023-09-05
|
| Type |
Record
|
| Subtype |
Returned Records
|
| Description |
Returned Records ~ NO RECORD EFILED
|
|
| Docket Date |
2023-09-05
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2023-08-11
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed - Authored Opinion ~ AND REMANDED FOR FURTHER PROCEEDINGS
|
|
| Docket Date |
2023-01-11
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
NOTICE OF PANEL ASSIGNMENT
|
|
| Docket Date |
2023-01-03
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgement Letter 1
|
|
| Docket Date |
2022-12-28
|
| Type |
Disposition by Order
|
| Subtype |
Transferred
|
| Description |
Transfer 4th Circuit Case to 5th DCA ~ Beginning January 1, 2023, the Fifth District Court of Appeal will have jurisdiction over matters originating in the Fourth Judicial Circuit. Ch. 22-163, Laws of Fla. By order of the Florida Supreme Court, effective January 1, 2023, the First District shall transfer to the Fifth District Court of Appeal any pending cases originating from the Fourth Judicial Circuit. In re: Implementation of a Sixth District Court of Appeal and Realignment of the Jurisdictional Boundaries of Other Appellate Districts, Fla. Admin. Order No. AOSC22-81 (November 1, 2022).The Court notifies all parties and any attorneys of record that this case will transfer to the Fifth District Court of Appeal, on January 1, 2023. No further order will issue to effectuate the transfer. This Court will accept filings in this case until 11:59:59 p.m. on December 31, 2022. After that date, all filings must be submitted to the Fifth District Court of Appeal via the Florida Courts E-Filing Portal or, if permitted to be filed in paper, to the Clerk’s Office, Fifth District Court of Appeal, 300 South Beach Street, Daytona Beach, Florida 32114.
|
|
| Docket Date |
2022-09-20
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
St. Vincent's Medical Center, Inc.
|
|
| Docket Date |
2022-09-13
|
| Type |
Order
|
| Subtype |
Order Discharging Show Cause Order
|
| Description |
Discharge Show Cause Ord Based on Resp ~ In consideration of appellant's amended initial brief, docketed August 31, 2022, the show cause order of July 22, 2022, is hereby discharged.
|
|
| Docket Date |
2022-09-02
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
NBBF Discharged ~ Upon review of the recently filed amended brief by the appellant in this case, the Court sua sponte discharges its order of August 26, 2022, requiring appellant to file an amended brief or to show cause why the sanctions should not be imposed.
|
|
| Docket Date |
2022-08-31
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Initial Brief
|
| On Behalf Of |
Zadye Thomas
|
|
| Docket Date |
2022-08-26
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Notice Non-Compliant Initial Brief ~ DISCHARGED The initial brief filed by the Appellant on August 22, 2022, fails to comply with Florida Rule of Appellate Procedure 9.045, 9.210, or 9.420 or Florida Rules of General Practice and Judicial Administration 2.420, 2.515, or 2.516. The initial brief:lacks a sufficient certificate of service demonstrating that the brief was served on all opposing parties or their attorneysWithin 10 days of this order, Appellant may serve a complete amended initial brief that complies with the above rules. The brief should be clearly designated as "amended." Substitute pages will not be accepted. Alternatively, Appellant may file a response that shows cause why the initial brief cannot be corrected. Failure to comply with this order may result in imposition of sanctions, which may include dismissal of the case. See Fla. R. App. P. 9.410. Upon the filing of a compliant amended initial brief, this Court will issue an order that discharges this order. The time for service of any authorized responsive brief will be 30 days from the date of the order discharging this order.
|
|
| Docket Date |
2022-08-22
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Zadye Thomas
|
|
| Docket Date |
2022-08-19
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Initial Brief Extension ~ The Court grants Appellant’s motion for extension of time to file initial brief, filed on August 1, 2022. Appellant shall serve the initial brief on or before August 22, 2022.
|
|
| Docket Date |
2022-08-01
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
Zadye Thomas
|
|
| Docket Date |
2022-07-22
|
| Type |
Order
|
| Subtype |
Show Cause for Brief or Record on Appeal
|
| Description |
No Initial Brf - 10-Day SC or Dismiss ~ DISCHARGED 9/13 Within 10 days of this order, appellant shall serve the initial brief or, alternatively, show cause why this appeal should not be dismissed for failing to timely serve the initial brief. The failure to timely comply with this order will result in dismissal of this case without further opportunity to be heard. Fla. R. App. P. 9.410.
|
|
| Docket Date |
2022-06-08
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 203 pages
|
|
| Docket Date |
2022-05-09
|
| Type |
Order
|
| Subtype |
Order Discharging Show Cause Order
|
| Description |
Discharge Show Cause Ord Based on Resp ~ Considering the filing of May 4, 2022, the Court discharges the show cause order of December 3, 2021.Appellant shall ensure preparation and transmittal of the record on appeal within thirty days of the date of this order and shall serve the initial brief within thirty days thereafter.
|
|
| Docket Date |
2022-05-04
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal ~ 3/30/22 final order of dismissal with prejudice attached
|
| On Behalf Of |
Zadye Thomas
|
|
| Docket Date |
2022-04-26
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Filing Stricken ~ The Court strikes the notice of appeal, docketed on April 12, 2022. Within ten days of the date of this order, Appellant shall file a conformed copy of the order of the lower tribunal dismissing the case with prejudice. Appellant shall file the conformed copy with a notice of filing which contains a certificate of service reflecting service on all counsel or parties in the case. See Fla. R. App. P. 9.420(c). The failure of Appellant to timely comply with this order will result in the imposition of sanctions, including dismissal of the appeal without further opportunity to be heard. See Fla. R. App. P. 9.410.
|
|
| Docket Date |
2022-04-12
|
| Type |
Notice
|
| Subtype |
Notice of Appeal Transmittal Form
|
| Description |
Notice of Appeal Transmittal Form ~ for 4/12/22 NOA
|
| On Behalf Of |
Zadye Thomas
|
|
| Docket Date |
2022-03-16
|
| Type |
Order
|
| Subtype |
Order Relinquishing Jurisdiction
|
| Description |
Relinquish Juris to Lower Tribunal for Specific Reason ~ The Court relinquishes jurisdiction to the lower tribunal for 60 days so Plaintiff/Appellant can obtain an appealable final order that does not purport to be “without prejudice.”
|
|
| Docket Date |
2021-12-13
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ 12/3 sc order
|
| On Behalf Of |
Zadye Thomas
|
|
| Docket Date |
2021-12-13
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Acknowledgment of Service List ~ The notice filed by counsel for the Appellant on December 13, 2021, providing e-mail addresses, is acknowledged. However, in addition to filing such notice, counsel of record are responsible for ensuring their primary and/or secondary e-mail addresses under their profile in the Florida Courts E-Filing Portal and eDCA are consistent with the filed notice in order to receive e-mailed notification (Casemail) from the court. Profiles for eDCA users may be updated by clicking on the “My Profile” link and clicking the “Submit” button after making the desired changes.
|
|
| Docket Date |
2021-12-13
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Zadye Thomas
|
|
| Docket Date |
2021-12-03
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
Non-Appealable Civil Order (Rule 9.130) ~ DISCHARGED 5/9
|
|
| Docket Date |
2021-12-01
|
| Type |
Misc. Events
|
| Subtype |
Docketing Statement
|
| Description |
Docketing Statement
|
| On Behalf Of |
Zadye Thomas
|
|
| Docket Date |
2021-11-30
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Electronic Docketing Statement ~ Appellant has failed to timely efile a completed electronic docketing statement via the Florida Courts E-Filing Portal as required by the Court. A fillable form version of the Docketing Statement is available via a link on the “Documents” tab of the Portal or on this Court’s website at HYPERLINK "https://www.1dca.org/Resources/General-Information" https://www.1dca.org/Resources/General-Information. Failure to file a completed docketing statement within 10 days from the date hereof may result in the imposition of sanctions, including dismissal of the appeal without further opportunity to be heard. Florida Rule of Appellate Procedure 9.410.
|
|
| Docket Date |
2021-11-29
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
St. Vincent's Medical Center, Inc.
|
|
| Docket Date |
2021-11-18
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
CASE FILING FEE PAID THROUGH PORTAL
|
| On Behalf Of |
Zadye Thomas
|
|
| Docket Date |
2021-11-08
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ Order appealed
|
| On Behalf Of |
Zadye Thomas
|
|
| Docket Date |
2021-11-03
|
| Type |
Order
|
| Subtype |
Filing Fee Due
|
| Description |
Appeal-Pay Fee/Submit LT Ord of Insolv ($300) ~ Appellant has filed a notice of appeal in the lower tribunal without the entry of an order of insolvency or deposit of the statutory filing fee. Accordingly, Appellant shall, within 30 days from the date of this order, either file a certified copy of the lower tribunal's order of insolvency for appellate purposes as required by Florida Rule of Appellate Procedure 9.430 or pay to the clerk of this Court the sum of $300.00 as the appellate filing fee required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2018). If Appellant seeks a waiver of the filing fee on the grounds of indigency, Appellant shall file a motion and affidavit of indigency with the clerk of the lower tribunal (the court, agency, officer, board, commission, or body whose order is to be reviewed) for a determination by the lower tribunal of whether an order of insolvency should be issued pursuant to Rule 9.430 and Section 57.081(1) or 57.085(2), Florida Statutes (2018), as applicable.This appeal shall not proceed until the order of insolvency is filed or the fee is paid. Failure to comply with this order will result in the dismissal of this case without further opportunity to be heard. Florida Rule of Appellate Procedure 9.410.
|
|
| Docket Date |
2021-10-28
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Notice of Appeal / Acknowledgement letter ~ Notice of Appeal from the lower tribunal reflecting a filing date of October 27, 2021.
|
|
| Docket Date |
2021-10-28
|
| Type |
Notice
|
| Subtype |
Notice of Appeal Transmittal Form
|
| Description |
Notice of Appeal Transmittal Form
|
| On Behalf Of |
Zadye Thomas
|
|
| Docket Date |
2021-10-28
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
File Order Being Appealed ~ Upon the Court's own motion, pursuant to Florida Rules of Appellate Procedure 9.110(d) and/or 9.130(c), appellant is directed to file within 10 days from the date of this order conformed copies of the order(s) of the lower tribunal from which the appeal is being taken, together with any order entered on a timely motion postponing rendition of the order(s) appealed. The appellant shall also file a copy of the motion that postpones rendition. The copy of the motion shall include the original dated certificate of service. The conformed copies shall be filed by the appellant with a notice of filing which contains a certificate of service reflecting service on all counsel or parties in the case. Florida Rule of Appellate Procedure 9.420(c). The failure of appellant to timely comply with this order could result in the imposition of sanctions, including dismissal of the appeal/petition without further opportunity to be heard. Florida Rule of Appellate Procedure 9.410.
|
|
| Docket Date |
2021-10-28
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
