|
ANDREA ANDERSON VS STATE OF FLORIDA
|
4D2022-0002
|
2021-12-30
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Guardianship - Habeas Corpus
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
21MH003349ASB
|
Parties
| Name |
Andrea Anderson
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Narine N. Austin, Public Defender-P.B.
|
|
| Name |
SOUTH COUNTY MENTAL HEALTH CENTER, INC.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
STATE OF FLORIDA LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Attorney General-W.P.B.
|
|
Docket Entries
| Docket Date |
2022-01-19
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the January 18, 2022 notice of voluntary dismissal, this case is dismissed.
|
|
| Docket Date |
2022-01-19
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2022-01-18
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
Andrea Anderson
|
|
| Docket Date |
2022-01-11
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED that the petition is not accompanied by a supporting appendix as required by Florida Rule of Appellate Procedure 9.100(g). Within ten (10) days of service of this order, petitioner shall file an appendix providing an adequate record to review the issue presented. Failure to file an appendix will result in dismissal of this proceeding.
|
|
| Docket Date |
2022-01-07
|
| Type |
Petition
|
| Subtype |
Petition Habeas Corpus
|
| Description |
Petition Habeas Corpus
|
| On Behalf Of |
Andrea Anderson
|
|
| Docket Date |
2022-01-04
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that petitioner's December 31, 2021 petition for writ of habeas corpus is stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that it is a computer-generated document which does not comply with the font requirements set forth in Rule 9.045(b). See Fla. R. App. P. 9.045(b) (“Computer-generated documents shall be filed in either Arial 14-point font or Bookman Old Style 14-point font.”). An amended document in compliance with Rule 9.045 shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2022-01-04
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Habeas Corpus / Acknowledgment letter
|
|
| Docket Date |
2021-12-30
|
| Type |
Petition
|
| Subtype |
Petition Habeas Corpus
|
| Description |
Petition Habeas Corpus
|
| On Behalf Of |
Andrea Anderson
|
|
| Docket Date |
2021-12-30
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NF4:No Fee-Habeas Corpus
|
|
|
|
ROYER BORGES, ET AL. VS NIKOLAS CRUZ, ET AL.
|
SC2020-0895
|
2020-06-19
|
Closed
|
|
| Classification |
Discretionary Review - Notice to Invoke - Direct Conflict of Decisions
|
| Court |
Supreme Court of Florida
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
4D19-1513
Circuit Court for the Seventeenth Judicial Circuit, Broward County
062018CA008568AXXXCE
|
Parties
| Name |
Emely Delfin
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Anthony Borges
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Royer Borges
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Joel S. Perwin, Alex Arreaza
|
|
| Name |
Nikolas Cruz
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Melisa A. McNeill
|
|
| Name |
SOUTH COUNTY MENTAL HEALTH CENTER, INC.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Andrew Medina
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
CRISTOPHER S. RAPP, David S. Henry
|
|
| Name |
HENDERSON BEHAVIORAL HEALTH, INC.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Eric J. Netcher, Joshua B. Walker, C. Dewitt Revels
|
|
| Name |
Estate of Lynda Cruz
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Drew J. Dadonno
|
|
| Name |
James Snead
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
James S. Lewis Jr.
|
|
| Name |
Kimberly Snead
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
HON. PATTI ENGLANDER HENNING, JUDGE
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Scot Peterson
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
MICHAEL R. PIPER, Christopher J. Stearns Jr.
|
|
| Name |
Hon. Brenda D. Forman
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-12-16
|
| Type |
Disposition
|
| Subtype |
Rev DY Lack Juris
|
| Description |
DISP-REV DY LACK JURIS ~ This cause having heretofore been submitted to the Court on jurisdictional briefs and portions of the record deemed necessary to reflect jurisdiction under Article V, Section 3(b), Florida Constitution, and the Court having determined that it should decline to accept jurisdiction, it is ordered that the petition for review is denied.No motion for rehearing will be entertained by the Court. See Fla. R. App. P. 9.330(d)(2).
|
|
| Docket Date |
2020-07-24
|
| Type |
Brief
|
| Subtype |
Juris Answer
|
| Description |
JURIS ANSWER BRIEF
|
| On Behalf Of |
Henderson Behavioral Health, Inc.
|
| View |
View File
|
|
| Docket Date |
2020-06-24
|
| Type |
Brief
|
| Subtype |
Juris Initial
|
| Description |
JURIS INITIAL BRIEF
|
| On Behalf Of |
Royer Borges
|
| View |
View File
|
|
| Docket Date |
2020-06-23
|
| Type |
Event
|
| Subtype |
Fee Paid Through Portal
|
| Description |
Fee Paid Through Portal
|
|
| Docket Date |
2020-06-23
|
| Type |
Letter-Case
|
| Subtype |
Acknowledgment Letter-New Case-Pay Fee
|
| Description |
ACKNOWLEDGMENT LETTER-NEW CASE-PAY FEE
|
|
| Docket Date |
2020-06-23
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
PAY CASE FILING FEE-300
|
| On Behalf Of |
Royer Borges
|
| View |
View File
|
|
| Docket Date |
2020-06-19
|
| Type |
Notice
|
| Subtype |
Invoke Discretionary Jurisdiction
|
| Description |
NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT)
|
| On Behalf Of |
Royer Borges
|
| View |
View File
|
|
| Docket Date |
2020-06-19
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
|
ANDREW POLLACK, ET AL. VS NIKOLAS CRUZ, ET AL.
|
SC2020-0897
|
2020-06-18
|
Closed
|
|
| Classification |
Discretionary Review - Notice to Invoke - Direct Conflict of Decisions
|
| Court |
Supreme Court of Florida
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
4D19-1512
Circuit Court for the Seventeenth Judicial Circuit, Broward County
062018CA009607AXXXCE
|
Parties
| Name |
Shara Kaplan
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Estate of Meadow Pollack, Deceased
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Nikolas Cruz
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Melisa A. McNeill
|
|
| Name |
Scot Peterson
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
MICHAEL R. PIPER, Christopher J. Stearns Jr.
|
|
| Name |
James Snead
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
James S. Lewis Jr.
|
|
| Name |
Kimberly Snead
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
HENDERSON BEHAVIORAL HEALTH, INC.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Eric J. Netcher, Joshua B. Walker, C. Dewitt Revels
|
|
| Name |
Andrew Medina
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
David S. Henry, CRISTOPHER S. RAPP
|
|
| Name |
SOUTH COUNTY MENTAL HEALTH CENTER, INC.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Estate of Lynda Cruz
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Drew J. Dadonno
|
|
| Name |
HON. PATTI ENGLANDER HENNING, JUDGE
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Hon. Brenda D. Forman
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Andrew Pollack
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Joseph J. Rinaldi, Jr., Zackary D. Slankard, David W. Brill, Joel S. Perwin
|
|
Docket Entries
| Docket Date |
2020-07-24
|
| Type |
Brief
|
| Subtype |
Juris Answer
|
| Description |
JURIS ANSWER BRIEF
|
| On Behalf Of |
Henderson Behavioral Health, Inc.
|
| View |
View File
|
|
| Docket Date |
2020-06-24
|
| Type |
Event
|
| Subtype |
Fee Paid Through Portal
|
| Description |
Fee Paid Through Portal
|
|
| Docket Date |
2020-06-24
|
| Type |
Brief
|
| Subtype |
Juris Initial
|
| Description |
JURIS INITIAL BRIEF
|
| On Behalf Of |
Andrew Pollack
|
| View |
View File
|
|
| Docket Date |
2020-06-23
|
| Type |
Letter-Case
|
| Subtype |
Acknowledgment Letter-New Case-Pay Fee
|
| Description |
ACKNOWLEDGMENT LETTER-NEW CASE-PAY FEE
|
|
| Docket Date |
2020-06-23
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
PAY CASE FILING FEE-300
|
| On Behalf Of |
Andrew Pollack
|
| View |
View File
|
|
| Docket Date |
2020-06-18
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2020-06-18
|
| Type |
Notice
|
| Subtype |
Invoke Discretionary Jurisdiction
|
| Description |
NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT)
|
| On Behalf Of |
Andrew Pollack
|
| View |
View File
|
|
| Docket Date |
2020-12-16
|
| Type |
Disposition
|
| Subtype |
Rev DY Lack Juris
|
| Description |
DISP-REV DY LACK JURIS ~ This cause having heretofore been submitted to the Court on jurisdictional briefs and portions of the record deemed necessary to reflect jurisdiction under Article V, Section 3(b), Florida Constitution, and the Court having determined that it should decline to accept jurisdiction, it is ordered that the petition for review is denied.No motion for rehearing will be entertained by the Court. See Fla. R. App. P. 9.330(d)(2).
|
|
|
|
ROYER BORGES, et al. VS NIKOLAS JACOB CRUZ, et al.
|
4D2019-1513
|
2019-05-24
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
18-8568 (26)
|
Parties
| Name |
ROYER BORGES
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Joel S. Perwin
|
|
| Name |
A.B., A MINOR
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
EMELY DELFIN
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Scot Peterson
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Andrew Medina
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SOUTH COUNTY MENTAL HEALTH CENTER, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Estate of Lynda Cruz
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
JAMES SNEAD
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
KIMBERLY SNEAD
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HENDERSON BEHAVIORAL HEALTH, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Nikolas Jacob Cruz
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Alex F. Arreaza, Eric J Netcher, James S. Lewis, JOSE MANUEL LORENZO, Joshua B. Walker
|
|
| Name |
Hon. Patti Englander Henning
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
FLORIDA SUPREME COURT CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2222-06-17
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ ***19-1512 AND 19-1513 ARE CONSOLIDATED FOR PANEL PURPOSES ONLY. SEE 06/17/2019 ORDER.***
|
|
| Docket Date |
2020-12-17
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Miscellaneous
|
| Description |
Supreme Court Disposition ~ SC20-895 DENIED
|
|
| Docket Date |
2020-06-23
|
| Type |
Supreme Court
|
| Subtype |
Acknowledged Receipt from Supreme Court
|
| Description |
Ack. Receipt from Supreme Court ~ SC20-895
|
|
| Docket Date |
2020-06-19
|
| Type |
Supreme Court
|
| Subtype |
Notice to Invok. Disc. Jur. FSC
|
| Description |
Notice of Discretionary Jurisdiction to Supreme Court
|
| On Behalf Of |
ROYER BORGES
|
|
| Docket Date |
2020-06-19
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice sent to the Supreme Court
|
|
| Docket Date |
2020-06-12
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2020-06-12
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2020-05-27
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Citation
|
|
| Docket Date |
2020-03-30
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Given the evolving situation surrounding the COVID-19 virus, the in-person oral arguments now scheduled at the Court on April 28, 2020 are cancelled. So as not to delay the disposition of this case, the court will decide the case on the briefs of the parties.
|
|
| Docket Date |
2020-03-05
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
ORD-Setting Oral Argument ~ ORDERED that the above-styled cases are consolidated for purposes of oral argument. This case is set for Oral Argument on April 28, 2020, at 10:00 A.M. for 20 minutes per side. If a side anticipates more than two attorneys sitting at counsel table during oral argument, it shall contact the Marshal’s Office by phone at least two business days before the oral argument session. The court calendars can be viewed on this court's website at HYPERLINK "http://www.4dca.org" www.4dca.org. Attorneys not registered with this court’s eDCA and pro se parties are required to file a "Notice of Receipt of Oral Argument" within ten (10) days from the date of this order, acknowledging they have received this order.
|
|
| Docket Date |
2020-02-06
|
| Type |
Order
|
| Subtype |
Order on Motion For Continuation of Oral Argument
|
| Description |
Grant Continuance of Oral Argument ~ ORDERED that the appellants’ February 4, 2020 motion for continuance of oral argument is granted. Oral argument scheduled for March 3, 2020 is cancelled and rescheduled for April 28, 2020 at 10:00 A.M.
|
|
| Docket Date |
2020-02-04
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion For Continuation of Oral Argument
|
| Description |
Motion For Continuation of Oral Argument
|
| On Behalf Of |
ROYER BORGES
|
|
| Docket Date |
2020-01-29
|
| Type |
Notice
|
| Subtype |
Notice of Change of Address
|
| Description |
Notice of Change of Address
|
| On Behalf Of |
Nikolas Jacob Cruz
|
|
| Docket Date |
2020-01-07
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
ORD-Setting Oral Argument ~ ORDERED that the above-styled cases are consolidated for purposes of oral argument. The cases are set for Oral Argument on March 3, 2020, at 10:00 A.M. for 20 minutes per side for both cases. If a side anticipates more than two attorneys sitting at counsel table during oral argument, it shall contact the Marshal’s Office by phone at least two business days before the oral argument session. The court calendars can be viewed on this court's website at HYPERLINK "http://www.4dca.org" www.4dca.org. Attorneys not registered with this court’s eDCA and pro se parties are required to file a "Notice of Receipt of Oral Argument" within ten (10) days from the date of this order, acknowledging they have received this order.
|
|
| Docket Date |
2019-12-13
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
Nikolas Jacob Cruz
|
|
| Docket Date |
2019-12-10
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
ROYER BORGES
|
|
| Docket Date |
2019-11-18
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief
|
| On Behalf Of |
ROYER BORGES
|
|
| Docket Date |
2019-11-18
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 15 DAYS TO 12/10/2019
|
|
| Docket Date |
2019-10-24
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ HENDERSON BEHAVIORAL HEALTH, INC.
|
| On Behalf Of |
Nikolas Jacob Cruz
|
|
| Docket Date |
2019-09-16
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 10/24/2019
|
|
| Docket Date |
2019-09-16
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
Nikolas Jacob Cruz
|
|
| Docket Date |
2019-08-26
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
ROYER BORGES
|
|
| Docket Date |
2019-08-26
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
ROYER BORGES
|
|
| Docket Date |
2019-08-16
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
ORD-Allowing Attachment to Record ~ ORDERED that the appellants' August 15, 2019 motion to supplement the record is granted, and the record is supplemented to include the material requested in the motion. Said supplemental record is deemed filed as of the date of this order.
|
|
| Docket Date |
2019-08-16
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records
|
| On Behalf Of |
ROYER BORGES
|
|
| Docket Date |
2019-08-15
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
ROYER BORGES
|
|
| Docket Date |
2019-07-25
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 8/31/19
|
|
| Docket Date |
2019-07-25
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
ROYER BORGES
|
|
| Docket Date |
2019-06-17
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORD-Granting Consolidation ~ Upon consideration of appellants’ June 3, 2019 responses, and appellees’ June 12, 2019 replies, it is ORDERED that the above-styled cases are consolidated for purposes of assignment to the same panel only.
|
|
| Docket Date |
2019-06-12
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Response
|
| On Behalf Of |
Nikolas Jacob Cruz
|
|
| Docket Date |
2019-06-10
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ FINAL JUDGMENT PURSUANT TO THIS COURT'S ORDER OF MAY 28, 2019
|
| On Behalf Of |
ROYER BORGES
|
|
| Docket Date |
2019-06-07
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Nikolas Jacob Cruz
|
|
| Docket Date |
2019-06-03
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
Order to Show Cause ~ ORDERED that appellants shall show cause in writing, if any there be, within ten (10) days from the date of this order, why case numbers 4D19-1512 and 4D19-1513 should not be consolidated for purposes of assignment to the same panel only. Appellees may file a reply within ten (10) days of service of the response.
|
|
| Docket Date |
2019-06-03
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Nikolas Jacob Cruz
|
|
| Docket Date |
2019-06-03
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause
|
| On Behalf Of |
ROYER BORGES
|
|
| Docket Date |
2019-05-28
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2019-05-28
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
Aplnt to Obtain Final Order-Per Dobrick ~ It appearing that the order to which the Notice of Appeal is directed is a non-appealable, non-final order, appellant(s) shall have thirty (30) days from the date of this order to obtain a final order and to file a copy in this court. Failure to do so will result in sua sponte dismissal of the appeal. See Fla. R. App. P. 9.110(l); Dobrick v. Discovery Cruises, Inc., 581 So. 2d 645 (Fla. 4th DCA 1991); see also Paulino v. BJ’s Wholesale Club, Inc., 106 So. 3d 985, 987 (Fla. 4th DCA 2013) ("On the other hand, it is well-established that an order which merely grants a motion to dismiss, as contrasted with an order dismissing a complaint or an action, is not a final order."). ORDERED that the trial court is specifically authorized, pursuant to Florida Rule of Appellate Procedure 9.600(b), upon appropriate application, to enter a final order in these proceedings.
|
|
| Docket Date |
2019-05-24
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
ROYER BORGES
|
|
| Docket Date |
2019-05-24
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
|
ANDREW POLLACK, et al. VS NIKOLAS JACOB CRUZ, et al.
|
4D2019-1512
|
2019-05-24
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
18-9607 (26)
|
Parties
| Name |
SHARA KAPLAN
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
ESTATE OF MEADOW POLLACK, deceased
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
ANDREW POLLACK
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Joseph J. Rinaldi, Jr., Joel S. Perwin, David W. Brill
|
|
| Name |
Scot Peterson
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HENDERSON BEHAVIORAL HEALTH, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Andrew Medina
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Estate of Lynda Cruz
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Nikolas Jacob Cruz
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Eric M. Yesner, Michael R. Piper, Eric J Netcher, David A. Frankel, James S. Lewis, Cristopher Stephen Rapp, Joshua B. Walker, Irwin R. Gilbert, Christopher J. Stearns
|
|
| Name |
SOUTH COUNTY MENTAL HEALTH CENTER, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
KIMBERLY SNEAD
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
JAMES SNEAD
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Patti Englander Henning
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
FLORIDA SUPREME COURT CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2019-06-17
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORD-Granting Consolidation ~ Upon consideration of appellants’ June 3, 2019 responses, and appellees’ June 12, 2019 replies, it is ORDERED that the above-styled cases are consolidated for purposes of assignment to the same panel only.
|
|
| Docket Date |
2019-06-12
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Response
|
| On Behalf Of |
Nikolas Jacob Cruz
|
|
| Docket Date |
2019-06-10
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ FINAL JUDGMENT PURSUANT TO THIS COURT'S ORDER OF MAY 28, 2019
|
| On Behalf Of |
ANDREW POLLACK
|
|
| Docket Date |
2019-06-07
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
ANDREW POLLACK
|
|
| Docket Date |
2019-06-03
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
Order to Show Cause ~ ORDERED that appellants shall show cause in writing, if any there be, within ten (10) days from the date of this order, why case numbers 4D19-1512 and 4D19-1513 should not be consolidated for purposes of assignment to the same panel only. Appellees may file a reply within ten (10) days of service of the response.
|
|
| Docket Date |
2019-06-03
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Nikolas Jacob Cruz
|
|
| Docket Date |
2019-06-03
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause
|
| On Behalf Of |
ANDREW POLLACK
|
|
| Docket Date |
2019-07-25
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 8/31/19
|
|
| Docket Date |
2019-07-25
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ **CONFIDENTIAL** 462 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2222-06-17
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ ***19-1512 AND 19-1513 ARE CONSOLIDATED FOR PANEL PURPOSES ONLY. SEE 06/17/2019 ORDER.***
|
|
| Docket Date |
2020-12-17
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Miscellaneous
|
| Description |
Supreme Court Disposition ~ SC20-897 DENIED
|
|
| Docket Date |
2020-06-23
|
| Type |
Supreme Court
|
| Subtype |
Acknowledged Receipt from Supreme Court
|
| Description |
Ack. Receipt from Supreme Court ~ SC20-897
|
|
| Docket Date |
2020-06-18
|
| Type |
Supreme Court
|
| Subtype |
Notice to Invok. Disc. Jur. FSC
|
| Description |
Notice of Discretionary Jurisdiction to Supreme Court
|
| On Behalf Of |
ANDREW POLLACK
|
|
| Docket Date |
2020-06-18
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice sent to the Supreme Court
|
|
| Docket Date |
2020-06-12
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2020-06-12
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2020-05-27
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Authored Opinion
|
|
| Docket Date |
2020-03-30
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Given the evolving situation surrounding the COVID-19 virus, the in-person oral arguments now scheduled at the Court on April 28, 2020 are cancelled. So as not to delay the disposition of this case, the court will decide the case on the briefs of the parties.
|
|
| Docket Date |
2020-03-05
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
ORD-Setting Oral Argument ~ ORDERED that the above-styled cases are consolidated for purposes of oral argument. This case is set for Oral Argument on April 28, 2020, at 10:00 A.M. for 20 minutes per side for both cases. If a side anticipates more than two attorneys sitting at counsel table during oral argument, it shall contact the Marshal’s Office by phone at least two business days before the oral argument session. The court calendars can be viewed on this court's website at HYPERLINK "http://www.4dca.org" www.4dca.org. Attorneys not registered with this court’s eDCA and pro se parties are required to file a "Notice of Receipt of Oral Argument" within ten (10) days from the date of this order, acknowledging they have received this order.
|
|
| Docket Date |
2020-02-06
|
| Type |
Order
|
| Subtype |
Order on Motion For Continuation of Oral Argument
|
| Description |
Grant Continuance of Oral Argument ~ ORDERED that the appellants’ February 4, 2020 motion for continuance of oral argument is granted. Oral argument scheduled for March 3, 2020 is cancelled and reschedule for April 28, 2020 at 10:00 A.M.
|
|
| Docket Date |
2020-02-04
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion For Continuation of Oral Argument
|
| Description |
Motion For Continuation of Oral Argument
|
| On Behalf Of |
ANDREW POLLACK
|
|
| Docket Date |
2020-02-03
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF CHANGE OF LAW FIRM AFFILIATION
|
| On Behalf Of |
Nikolas Jacob Cruz
|
|
| Docket Date |
2020-01-31
|
| Type |
Notice
|
| Subtype |
Notice of Change of Address
|
| Description |
Notice of Change of Address
|
| On Behalf Of |
Nikolas Jacob Cruz
|
|
| Docket Date |
2020-01-30
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that Eric J. Netcher's January 29, 2020 notice of change of law firm affiliation is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that the certificate of service does not comply in substance with the requirements of Florida Rule of Judicial Administration 2.516(f).
|
|
| Docket Date |
2020-01-29
|
| Type |
Notice
|
| Subtype |
Notice of Change of Address
|
| Description |
Notice of Change of Address ~ **STRICKEN**
|
| On Behalf Of |
Nikolas Jacob Cruz
|
|
| Docket Date |
2020-01-07
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
ORD-Setting Oral Argument ~ ORDERED that the above-styled cases are consolidated for purposes of oral argument. The cases are set for Oral Argument on March 3, 2020, at 10:00 A.M. for 20 minutes per side for both cases. If a side anticipates more than two attorneys sitting at counsel table during oral argument, it shall contact the Marshal’s Office by phone at least two business days before the oral argument session. The court calendars can be viewed on this court's website at HYPERLINK "http://www.4dca.org" www.4dca.org. Attorneys not registered with this court’s eDCA and pro se parties are required to file a "Notice of Receipt of Oral Argument" within ten (10) days from the date of this order, acknowledging they have received this order.
|
|
| Docket Date |
2019-12-13
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
Nikolas Jacob Cruz
|
|
| Docket Date |
2019-12-10
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
ANDREW POLLACK
|
|
| Docket Date |
2019-11-18
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief
|
| On Behalf Of |
ANDREW POLLACK
|
|
| Docket Date |
2019-11-18
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 15 DAYS TO 12/10/2019
|
|
| Docket Date |
2019-10-24
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ HENDERSON BEHAVIORAL HEALTH, INC.
|
| On Behalf Of |
Nikolas Jacob Cruz
|
|
| Docket Date |
2019-09-16
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
Nikolas Jacob Cruz
|
|
| Docket Date |
2019-09-16
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 10/24/2019
|
|
| Docket Date |
2019-08-26
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
ANDREW POLLACK
|
|
| Docket Date |
2019-08-26
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
ANDREW POLLACK
|
|
| Docket Date |
2019-08-16
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records
|
| On Behalf Of |
ANDREW POLLACK
|
|
| Docket Date |
2019-08-16
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
ORD-Allowing Attachment to Record ~ ORDERED that the appellants' August 15, 2019 motion to supplement the record is granted, and the record is supplemented to include the material requested in the motion. Said supplemental record is deemed filed as of the date of this order.
|
|
| Docket Date |
2019-08-15
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
ANDREW POLLACK
|
|
| Docket Date |
2019-07-25
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
ANDREW POLLACK
|
|
| Docket Date |
2019-05-28
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
Aplnt to Obtain Final Order-Per Dobrick ~ It appearing that the order to which the Notice of Appeal is directed is a non-appealable, non-final order, appellant(s) shall have thirty (30) days from the date of this order to obtain a final order and to file a copy in this court. Failure to do so will result in sua sponte dismissal of the appeal. See Fla. R. App. P. 9.110(l); Dobrick v. Discovery Cruises, Inc., 581 So. 2d 645 (Fla. 4th DCA 1991); see also Paulino v. BJ’s Wholesale Club, Inc., 106 So. 3d 985, 987 (Fla. 4th DCA 2013) ("On the other hand, it is well-established that an order which merely grants a motion to dismiss, as contrasted with an order dismissing a complaint or an action, is not a final order."). ORDERED that the trial court is specifically authorized, pursuant to Florida Rule of Appellate Procedure 9.600(b), upon appropriate application, to enter a final order in these proceedings.
|
|
| Docket Date |
2019-05-28
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2019-05-24
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2019-05-24
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
ANDREW POLLACK
|
|
|
|
ANDREW MEDINA VS ANDREW POLLACK, et al.
|
4D2019-0777
|
2019-03-19
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE18-009607
|
Parties
| Name |
Andrew Medina
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Jordan M. Greenberg, David S. Henry
|
|
| Name |
SOUTH COUNTY MENTAL HEALTH CENTER, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ANDREW POLLACK
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Joseph J. Rinaldi, Jr., David A. Frankel, Michael R. Piper, Russell J. Williams, James S. Lewis, David W. Brill, Joel S. Perwin
|
|
| Name |
HENDERSON BEHAVIORAL HEALTH, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Scot Peterson
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Nikolas Jacob Cruz
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SHARA KAPLAN
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
JAMES SNEAD
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Estate of Lynda Cruz
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ESTATE OF MEADOW POLLACK, deceased
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
KIMBERLY SNEAD
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Patti Englander Henning
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-07-22
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing
|
| On Behalf Of |
Andrew Medina
|
|
| Docket Date |
2020-08-05
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
ANDREW POLLACK
|
|
| Docket Date |
2020-09-04
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2020-08-17
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2020-08-17
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-Denying Rehearing ~ ORDERED that appellant's July 22, 2020 motion for rehearing and clarification is denied.
|
|
| Docket Date |
2020-07-16
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that appellant's July 15, 2020 motion for extension of time is granted, and the time in which to file a motion for rehearing is extended to and including July 22, 2020.
|
|
| Docket Date |
2020-07-15
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ TO FILE MOTION FOR REHEARING
|
| On Behalf Of |
Andrew Medina
|
|
| Docket Date |
2020-07-01
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Authored Opinion
|
|
| Docket Date |
2020-05-19
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ 4DCA
|
|
| Docket Date |
2020-04-21
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Pursuant to Administrative Order of the Chief Justice AOSC20-23, extending the COVID-19 emergency measures for the state courts until May 29, 2020, the in-person oral arguments now scheduled at the Court on May 19, 2020 are cancelled. So as not to delay the disposition of the cases, the court will conduct oral argument through Zoom video conference on that date. The week before oral argument the Clerk of the Court will provide connection instructions. Should both parties file a stipulation by May 8, 2020 that they waive oral argument, the court will then decide the case based upon the briefs.
|
|
| Docket Date |
2020-03-19
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
ORD-Setting Oral Argument ~ This case is set for Oral Argument on May 19, 2020, at 2:00 P.M. for 15 minutes per side. If a side anticipates more than two attorneys sitting at counsel table during oral argument, it shall contact the Marshal’s Office by phone at least two business days before the oral argument session. The court calendars can be viewed on this court's website at HYPERLINK "http://www.4dca.org" www.4dca.org. Attorneys not registered with this court’s eDCA and pro se parties are required to file a "Notice of Receipt of Oral Argument" within ten (10) days from the date of this order, acknowledging they have received this order.
|
|
| Docket Date |
2020-03-12
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
ORD-Setting Oral Argument ~ This case is set for Oral Argument on May 19, 2020, at a time to be determined for 15 minutes per side. If a side anticipates more than two attorneys sitting at counsel table during oral argument, it shall contact the Marshal’s Office by phone at least two business days before the oral argument session. The court calendars can be viewed on this court's website at HYPERLINK "http://www.4dca.org" www.4dca.org. Attorneys not registered with this court’s eDCA and pro se parties are required to file a "Notice of Receipt of Oral Argument" within ten (10) days from the date of this order, acknowledging they have received this order.
|
|
| Docket Date |
2020-03-02
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
Andrew Medina
|
|
| Docket Date |
2019-09-18
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Andrew Medina
|
|
| Docket Date |
2019-09-16
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that the appellant's appendix to the reply brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.220(c), which was amended effective October 1, 2017, in that it was not properly indexed and consecutively paginated, beginning with the cover sheet as page 1 and was not paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index. An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2019-09-13
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ ***STRICKEN 9/16/19***
|
| On Behalf Of |
Andrew Medina
|
|
| Docket Date |
2019-09-13
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Andrew Medina
|
|
| Docket Date |
2019-08-27
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order Granting EOT for Appellant's Reply Brief ~ ORDERED that appellant's August 26, 2019 motion for extension of time is granted in part. Appellant shall serve the reply brief within fifteen (15) days from the current due date. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
|
| Docket Date |
2019-08-26
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief
|
| On Behalf Of |
Andrew Medina
|
|
| Docket Date |
2019-08-01
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
ANDREW POLLACK
|
|
| Docket Date |
2019-07-15
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellees' July 11, 2019 motion to file out of time and motion for extension of time is granted. Appellees shall serve the answer brief on or before August 10, 2019. In addition, appellees are notified that the failure to serve the brief within the time provided herein may foreclose appellees' right to file a brief or otherwise participate in this appeal.
|
|
| Docket Date |
2019-07-11
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ *AND* TO FILE OUT OF TIME
|
| On Behalf Of |
ANDREW POLLACK
|
|
| Docket Date |
2019-05-29
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Andrew Medina
|
|
| Docket Date |
2019-05-29
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that the appellant's appendix to the amended initial brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.220(c), which was amended effective October 1, 2017, in that it was not properly indexed and consecutively paginated, beginning with the cover sheet as page 1, and was not paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index. An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2019-05-29
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Appellant's Initial Brief
|
| On Behalf Of |
Andrew Medina
|
|
| Docket Date |
2019-05-20
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken ~ ORDERED that the appellant's initial brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.210 in that the table of contents does not list issues for review; further,ORDERED that the appellant's appendix to the initial brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.220(c), which was amended effective October 1, 2017, in that it was not properly indexed and consecutively paginated, beginning with the cover sheet as page 1, was not paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index and was not bookmarked in compliance with Rule 9.220(c)(3). An amended brief and appendix in compliance with the rules shall be filed within ten (10) days from the date of this order. The time for any responsive briefing shall be tolled until service of this amended brief.
|
|
| Docket Date |
2019-05-17
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ ***STRICKEN 5/20/19***
|
| On Behalf Of |
Andrew Medina
|
|
| Docket Date |
2019-05-17
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits ~ ***STRICKEN 5/20/19***
|
| On Behalf Of |
Andrew Medina
|
|
| Docket Date |
2019-04-30
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's April 29, 2019 motion for extension of time is granted, and appellant shall serve the initial brief on or before May 20, 2019. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2019-04-29
|
| 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 |
Andrew Medina
|
|
| Docket Date |
2019-03-29
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's March 28, 2019 motion for extension of time is granted, and appellant shall serve the initial brief on or before May 2, 2019. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2019-03-28
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Andrew Medina
|
|
| Docket Date |
2019-03-28
|
| 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 |
Andrew Medina
|
|
| Docket Date |
2019-03-28
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Order denying EOT w/out prejudice 9.300(a) ~ ORDERED that appellant's March 28, 2019 motion for extension of time is denied without prejudice for failure to comply with Florida Rule of Appellate Procedure 9.300(a). See also this court's Notice to Attorneys and to Parties Representing Themselves, Paragraphs 1 and 2.
|
|
| Docket Date |
2019-03-20
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2019-03-20
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2019-03-19
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2019-03-19
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Andrew Medina
|
|
|
|
SCOT PETERSON VS ANDREW POLLACK, et al.
|
4D2019-0431
|
2019-02-14
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE 18-009607 (26)
|
Parties
| Name |
Scot Peterson
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Michael R. Piper, Christopher J. Stearns
|
|
| Name |
Andrew Medina
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
JAMES SNEAD
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Estate of Lynda Cruz
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ESTATE OF MEADOW POLLACK, deceased
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SHARA KAPLAN
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
KIMBERLY SNEAD
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SOUTH COUNTY MENTAL HEALTH CENTER, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ANDREW POLLACK
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Joel S. Perwin, Tracy Considine, Michelle Gurian, Joshua B. Walker, David S. Henry, David A. Frankel, James S. Lewis, Melisa Alice McNeill, David W. Brill, Chelsea R. Ewart, Joseph J. Rinaldi, Jr.
|
|
| Name |
Nikolas Jacob Cruz
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HENDERSON BEHAVIORAL HEALTH, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Patti Englander Henning
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2019-06-14
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief ~ AND/OR MOTION FOR RECONSIDERATION
|
| On Behalf Of |
Scot Peterson
|
|
| Docket Date |
2019-06-13
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order Granting EOT for Appellant's Reply Brief ~ ORDERED that appellant’s June 12, 2019 motion for extension of time is granted, and appellant shall serve the reply brief within fifteen (15) days from the current due date. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
|
| Docket Date |
2020-02-28
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2020-02-28
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2020-02-12
|
| Type |
Disposition by Opinion
|
| Subtype |
Granted in Part/Denied in Part
|
| Description |
Opinion Disposing of a Motion (See Opinion)
|
|
| Docket Date |
2020-01-24
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO APPELLANT'S MOTION FOR CLARIFICATION, CERTIFICATION, AND REHEARING EN BANC
|
| On Behalf Of |
ANDREW POLLACK
|
|
| Docket Date |
2020-01-09
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Clarification
|
| Description |
Motion for Clarification ~ AND FOR CERTIFICATION
|
| On Behalf Of |
Scot Peterson
|
|
| Docket Date |
2019-12-27
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that appellant’s December 24, 2019 motion for extension of time is granted, and the appellant may file a motion for rehearing on or before January 10, 2020.
|
|
| Docket Date |
2019-12-24
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time
|
| On Behalf Of |
Scot Peterson
|
|
| Docket Date |
2019-12-18
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Authored Opinion
|
|
| Docket Date |
2019-10-29
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ 4DCA
|
|
| Docket Date |
2019-10-15
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
ORD-Setting Oral Argument ~ This case is set for Oral Argument on October 29, 2019, at 11:00 A.M. for 20 minutes per side. If a side anticipates more than two attorneys sitting at counsel table during oral argument, it shall contact the Marshal’s Office by phone at least two business days before the oral argument session. The court calendars can be viewed on this court's website at HYPERLINK "http://www.4dca.org" www.4dca.org. Attorneys not registered with this court’s eDCA and pro se parties are required to file a "Notice of Receipt of Oral Argument" within ten (10) days from the date of this order, acknowledging they have received this order.
|
|
| Docket Date |
2019-07-17
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
Scot Peterson
|
|
| Docket Date |
2019-07-17
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Scot Peterson
|
|
| Docket Date |
2019-06-17
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
ORD-Reply Brief to be Served ~ ORDERED that appellant’s June 14, 2019 “motion for reconsideration or, alternatively, motion for additional extension of time to serve reply brief” is granted in part and denied in part. The motion for reconsideration is denied. The motion for additional extension of time is granted, and appellant shall serve the reply brief within fifteen (15) days from the current due date indicated in this court’s June 13, 2019 order. In addition, if the reply brief is served after the time provided for in this order, it will be subject to being stricken, or the court in its discretion may impose other sanctions. Appellant is advised that no further extensions will be granted absent a detailed explanation for why the reply brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant.
|
|
| Docket Date |
2019-06-12
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief
|
| On Behalf Of |
Scot Peterson
|
|
| Docket Date |
2019-05-16
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
ANDREW POLLACK
|
|
| Docket Date |
2019-05-03
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ AMENDED
|
| On Behalf Of |
Scot Peterson
|
|
| Docket Date |
2019-05-01
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that the appellant's appendix to the initial brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.220(c), which was amended effective October 1, 2017, in that it was not properly indexed and consecutively paginated, beginning with the cover sheet as page 1, was not paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index, and was not bookmarked in compliance with Rule 9.220(c)(3). An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2019-04-29
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Scot Peterson
|
|
| Docket Date |
2019-04-29
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Scot Peterson
|
|
| Docket Date |
2019-04-12
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's April 12, 2019 motion for extension of time is granted, and appellant shall serve the initial brief on or before April 29, 2019. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2019-04-12
|
| 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 |
Scot Peterson
|
|
| Docket Date |
2019-02-22
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's February 21, 2019 motion for extension of time is granted, and appellant shall serve the initial brief on or before April 15, 2019. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2019-02-21
|
| 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 |
Scot Peterson
|
|
| Docket Date |
2019-02-21
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Scot Peterson
|
|
| Docket Date |
2019-02-15
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal - see the court's website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2019-02-15
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Scot Peterson
|
|
| Docket Date |
2019-02-15
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2019-02-14
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Scot Peterson
|
|
| Docket Date |
2019-02-14
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
