|
GOVERNMENT EMPLOYEES INSURANCE COMPANY, Appellant(s) v. GREGORY GRIFFITH and LIZANDRA CALZADILLA, Appellee(s).
|
4D2024-2932
|
2024-11-15
|
Open
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE23-010792
|
Parties
| Name |
GOVERNMENT EMPLOYEES INSURANCE COMPANY
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Melissa Dearing, John Patrick Marino
|
|
| Name |
Gregory Griffith
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Lucas T Moreau, Gregg Alan Silverstein, Brett Chance Powell, Michael Victor Caruso
|
|
| Name |
Lizandra Calzadilla
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Martin John Bidwill
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Broward Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-11-15
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Paid Case Filing Fee-300
|
| On Behalf Of |
Government Employees Insurance Company
|
| View |
View File
|
|
| Docket Date |
2024-11-15
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-11-15
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
|
| Docket Date |
2024-12-31
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
Government Employees Insurance Company
|
|
| Docket Date |
2024-12-30
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief
|
| On Behalf Of |
Government Employees Insurance Company
|
| View |
View File
|
|
| Docket Date |
2024-11-27
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDERED that Appellant's November 26, 2024 motion for extension of time is granted, and Appellant shall serve the initial brief and appendix on or before December 30, 2024. In addition, if the initial brief and appendix are 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.
|
| View |
View File
|
|
| Docket Date |
2024-11-27
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Motion for Extension of Time to Serve Initial Brief and Appendix
|
|
|
|
GOVERNMENT EMPLOYEES INSURANCE COMPANY, Appellant(s) v. DONNA ISIP and ROBERTO ISIP, Appellee(s).
|
4D2024-2731
|
2024-10-24
|
Open
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE23-010390
|
Parties
| Name |
GOVERNMENT EMPLOYEES INSURANCE COMPANY
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Melissa Dearing, John Patrick Marino
|
|
| Name |
Donna Isip
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Gregg Alan Silverstein, Brett Chance Powell, David Alan Helfand
|
|
| Name |
Roberto Isip
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
William W Haury, Jr.
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Broward Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-11-06
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Motion for Extension of Time to Serve Initial Brief
|
|
| Docket Date |
2024-10-25
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Paid Case Filing Fee-300
|
| On Behalf Of |
Government Employees Insurance Company
|
| View |
View File
|
|
| Docket Date |
2024-10-24
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-10-24
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
|
| Docket Date |
2024-12-30
|
| Type |
Recognizing Agreed Extension
|
| Subtype |
Answer Brief
|
| Description |
45 days to February 17, 2025
|
|
| Docket Date |
2024-12-30
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension of Time - Answer Brief
|
| On Behalf Of |
Donna Isip
|
|
| Docket Date |
2024-12-04
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief
|
| On Behalf Of |
Government Employees Insurance Company
|
| View |
View File
|
|
| Docket Date |
2024-12-03
|
| Type |
Record
|
| Subtype |
Appendix to Initial Brief
|
| Description |
Appendix to Initial Brief
|
| On Behalf Of |
Government Employees Insurance Company
|
|
| Docket Date |
2024-11-08
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDERED that Appellant's November 6, 2024 motion for extension of time is granted, and Appellant shall serve the initial brief on or before December 3, 2024. 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.
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| View |
View File
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|
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Government Employees Insurance Company, Appellant(s) v. Progressive Casualty Insurance Company, Appellee(s).
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2D2024-2164
|
2024-09-12
|
Open
|
|
| Classification |
NOA Non Final - County Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
County Court for the Thirteenth Judicial Circuit, Hillsborough County
23-CC-128129
|
Parties
| Name |
GOVERNMENT EMPLOYEES INSURANCE COMPANY
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Thomas Robert Unice, Jr., Jeffrey Dale Jensen
|
|
| Name |
PROGRESSIVE CASUALTY INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Joseph Charles Proulx
|
|
| Name |
Hon. Jessica Goodwin Costello
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Hillsborough Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-11-04
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Reply Brief
|
| On Behalf Of |
Government Employees Insurance Company
|
| View |
View File
|
|
| Docket Date |
2024-10-24
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Answer Brief
|
| On Behalf Of |
Progressive Casualty Insurance Company
|
| View |
View File
|
|
| Docket Date |
2024-09-25
|
| Type |
Record
|
| Subtype |
Appendix to Initial Brief
|
| Description |
Appendix to Initial Brief
|
| On Behalf Of |
Government Employees Insurance Company
|
|
| Docket Date |
2024-09-25
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief
|
| On Behalf Of |
Government Employees Insurance Company
|
| View |
View File
|
|
| Docket Date |
2024-09-12
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Pay Case Filing Fee-300
|
| On Behalf Of |
Government Employees Insurance Company
|
| View |
View File
|
|
| Docket Date |
2024-09-12
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
This appeal has been filed without a filing fee required by section 35.22(2)(a), Florida Statutes.
The attorney for Appellant shall forward the required $300.00 filing fee or, if applicable, a certificate or order of the lower tribunal finding Appellant insolvent pursuant to section 57.081, Florida Statutes, within twenty days from the date of this order.
If this court does not receive either of the above within the prescribed time, this appeal may be subject to dismissal without further notice.
|
| View |
View File
|
|
| Docket Date |
2024-09-12
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-09-12
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
W/ORDER
|
| On Behalf Of |
Government Employees Insurance Company
|
|
|
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GOVERNMENT EMPLOYEES INSURANCE COMPANY, Appellant(s) v. PLANTATION OPEN MRI, LLC a/a/o FRANCESSE BATAILLE, Appellee(s).
|
4D2024-1746
|
2024-07-10
|
Open
|
|
| Classification |
NOA Final - County Civil - PIP
|
| Court |
4th District Court of Appeal
|
| Originating Court |
County Court for the Seventeenth Judicial Circuit, Broward County
COINX23-026548
|
Parties
| Name |
GOVERNMENT EMPLOYEES INSURANCE COMPANY
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Kristen L. Wenger, Mark Andrew Krieger, IV, Rebecca Morrison
|
|
| Name |
PLANTATION OPEN MRI LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Henry Ray Crouser, Sean Alexander Storani, Chad Andrew Barr
|
|
| Name |
Francesse Bataille
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Tabitha Blackmon
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Broward Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-11-18
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Consolidated Record on Appeal; pages 1 to 1,086
|
| On Behalf Of |
Broward Clerk
|
|
| Docket Date |
2024-10-16
|
| Type |
Order
|
| Subtype |
Order on Consolidation
|
| Description |
ORDERED that, upon consideration of appellant's October 4, 2024 Notice of Related Case or Issue, case number 4D2024-2468 is now consolidated for all purposes with consolidated case number 4D2024-1328, and shall proceed under the time schedule for a final appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D2024-1328. Further,
ORDERED that appellant shall file the consolidated initial brief on or before December 6, 2024. 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.
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| View |
View File
|
|
| Docket Date |
2024-10-07
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal -- 1838 pages
|
| On Behalf Of |
Broward Clerk
|
|
| Docket Date |
2024-09-20
|
| Type |
Order
|
| Subtype |
Order on Consolidation
|
| Description |
ORDERED that, upon consideration of appellant's September 18, 2024 Notice of Related Case or Issue, case number 4D2024-2374 is now consolidated for all purposes with consolidated case number 4D2024-1328, and shall proceed under the time schedule for a final appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D2024-1328. Further,
ORDERED that appellant shall file the consolidated initial brief on or before December 6, 2024. 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.
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| View |
View File
|
|
| Docket Date |
2024-09-16
|
| Type |
Order
|
| Subtype |
Order on Consolidation
|
| Description |
ORDERED that, upon consideration of appellant's September 13, 2024 response, case numbers 4D2024-1913, 4D2024-1328, 4D2024-1606, 4D2024-1617, 4D2024-1746, 4D2024-1920 and 4D2024-1995 are now consolidated for all purposes and are to proceed under the time schedule for a final appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D2024-1328. Further, ORDERED that appellant shall file the consolidated initial brief on or before December 6, 2024. 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.
|
| View |
View File
|
|
| Docket Date |
2024-09-13
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause
|
| On Behalf Of |
Government Employees Insurance Company
|
|
| Docket Date |
2024-09-09
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
ORDERED that appellant is directed to show cause in writing, within five (5) days from the date of this order, why case numbers 4D2024-1913, 4D2024-1328, 4D2024-1606, 4D2024-1617, 4D2024-1746, 4D2024-1920, and 4D2024-1995 should not be consolidated either for all purposes or for purposes of assignment to the same panel. If appellant contends consolidation is proper, appellant shall provide a proposed consolidated briefing schedule.
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| View |
View File
|
|
| Docket Date |
2024-09-05
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Related Case or Issue
|
| On Behalf Of |
Government Employees Insurance Company
|
|
| Docket Date |
2024-09-04
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Motion for Extension of Time to Serve Initial Brief
|
|
| Docket Date |
2024-08-29
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal -- 57 pages
|
| On Behalf Of |
Broward Clerk
|
|
| Docket Date |
2024-07-19
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
|
| Docket Date |
2024-07-19
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Plantation Open MRI, LLC
|
|
| Docket Date |
2024-07-10
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Pay Case Filing Fee-300
|
| On Behalf Of |
Government Employees Insurance Company
|
| View |
View File
|
|
| Docket Date |
2024-07-10
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-07-10
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Document
|
| Description |
Civil Cover Sheet
|
|
| Docket Date |
2024-07-10
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
|
| Docket Date |
2025-01-06
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief
|
| On Behalf Of |
Geico Indemnity Company
|
| View |
View File
|
|
| Docket Date |
2024-12-02
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDERED that Appellant's December 2, 2024 motion for extension of time is granted, and Appellant shall serve the initial brief on or before January 6, 2024. 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.
|
| View |
View File
|
|
| Docket Date |
2024-12-02
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Motion for Extension of Time to Serve Initial Brief
|
|
| Docket Date |
2024-10-30
|
| Type |
Order
|
| Subtype |
Order on Consolidation
|
| Description |
ORDERED that, upon consideration of appellant's October 4, 2024 Notice of Related Case or Issue and appellee's October 15, 2024 response, case number 4D2024-2502 is now consolidated for all purposes with consolidated case number 4D2024-1328, and shall proceed under the time schedule for a final appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D2024-1328. Further, ORDERED that appellant shall file the consolidated initial brief on or before December 6, 2024. 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.
|
| View |
View File
|
|
| Docket Date |
2024-09-05
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDERED that Appellant's September 4, 2024 motion for extension of time is granted, and Appellant shall serve the initial brief within sixty (60) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
| View |
View File
|
|
| Docket Date |
2024-07-10
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2023), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY. ORDERED that Appellant shall pay the $300.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal - see the court's website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection. **NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a lower tribunal clerk's determination of indigent status is filed.
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| View |
View File
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GOVERNMENT EMPLOYEES INSURANCE COMPANY, Petitioner(s) v. JOEL D. STEIN, D.O., P.A. a/a/o RODRICK HARDEN Respondent(s).
|
4D2024-1460
|
2024-06-07
|
Closed
|
|
| Classification |
Original Proceedings - County Small Claims - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
County Court for the Seventeenth Judicial Circuit, Broward County
COINX23-091050
|
Parties
| Name |
GOVERNMENT EMPLOYEES INSURANCE COMPANY
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Edward Keenan Cottrell, Mark Andrew Krieger, IV
|
|
| Name |
JOEL D. STEIN, D.O., P.A.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Kevin Reed Jackson
|
|
| Name |
Rodrick Harden
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Ellen Feld
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Broward Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-06-12
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Amended Appendix to Petition
|
|
| Docket Date |
2024-06-10
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Case Filing Fee Paid - $300
|
| View |
View File
|
|
| Docket Date |
2024-06-10
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix
|
| View |
View File
|
|
| Docket Date |
2024-06-07
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-06-07
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order on Filing Fee
|
| View |
View File
|
|
| Docket Date |
2024-06-06
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
|
| Docket Date |
2024-06-06
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition Certiorari
|
|
| Docket Date |
2024-06-17
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
ORDERED that case numbers 4D2024-1460 and 4D2024-1485 are consolidated for all purposes and shall proceed in 4D2024-1460. Further, ORDERED that the petitions for writ of certiorari are denied on the merits. The petitions repeat arguments that this Court rejected in 4D2023-1335, where the same relief was denied.
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| View |
View File
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|
JUAN ANDRES and MARIA ANDRES, Appellant(s) v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, Appellee(s).
|
4D2024-0923
|
2024-04-10
|
Closed
|
|
| Classification |
NOA Final - County Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
County Court for the Fifteenth Judicial Circuit, Palm Beach County
502022CC012688
|
Parties
| Name |
Juan Andres
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Maria Andres
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
GOVERNMENT EMPLOYEES INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Sara Lauren Weiss Silverman
|
|
| Name |
Hon. Sarah Levien Shullman
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Palm Beach Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-05-02
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORDERED sua sponte that the above-styled appeal is dismissed for non-payment of the $300.00 filing fee.
|
| View |
View File
|
|
| Docket Date |
2024-04-10
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-04-10
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order on Filing Fee
|
| View |
View File
|
|
| Docket Date |
2024-04-10
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
|
| Docket Date |
2024-04-12
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
ORDERED that, within ten (10) days from the date of this order, Appellants shall file in this court a brief statement explaining the basis for this court's subject matter jurisdiction over the order appealed in this case, citing supporting legal authorities. Appellants shall specifically address how the March 18, 2024 "Continuing Writ of Garnishment Against Salary or Wages" is a final appealable order, as it appears that no appeal was timely filed from the December 5, 2023 final judgment, and the writ does not appear to be a final order, as it states that "failure to file an answer within the time required may result in the entry of judgment against the garnishee for the above total amount of $19,759.66, plus all accrued interest, which remains unpaid," suggesting that further judicial labor is anticipated. See Fla. R. App. P. 9.110; Caufield v. Cantele, 837 So. 2d 371, 375 (Fla. 2002) ("A final judgment is one which ends the litigation between the parties and disposes of all issues involved such that no further action by the court will be necessary."). Further, Appellee may file a response within ten (10) days of service of that statement.
|
| View |
View File
|
|
|
|
Louis J. Thompson, Appellant(s), v. Government Employees Insurance Company, Appellee(s).
|
3D2024-0480
|
2024-03-15
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
16-17760-CA-01
|
Parties
| Name |
Louis J. Thompson
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
GOVERNMENT EMPLOYEES INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Bruce Howard Schiller
|
|
| Name |
Hon. Reemberto Diaz
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-07-09
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-07-09
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp. w/o Mandate
|
|
| Docket Date |
2024-05-29
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Pursuant to the time schedule provided in the Florida Rules of Appellate Procedure, the time for filing the initial brief has expired. This cause will be subject to dismissal unless the document referred to is filed within ten (10) days from the date of this Order, or within said time the Court is otherwise notified that this matter is being diligently prosecuted.
|
| View |
View File
|
|
| Docket Date |
2024-04-22
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2024-03-19
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal
|
| On Behalf Of |
Louis J. Thompson
|
|
| Docket Date |
2024-03-15
|
| Type |
Order
|
| Subtype |
Show Cause re No Order Appealed
|
| Description |
Appellant is ordered to file, within ten (10) days from the date of this Order, a conformed copy of the order dated January 9, 2024, and a conformed copy of the order dated February 19, 2024, denying Appellants' motions for rehearing. See Fla. R. App. P. 9.110(d).
|
| View |
View File
|
|
| Docket Date |
2024-03-15
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-03-15
|
| Type |
Event
|
| Subtype |
Fee Satisfied
|
| Description |
Fee Waived-Approved Application for Indigent Status Filed
|
|
| Docket Date |
2024-03-15
|
| Type |
Miscellaneous Document
|
| Subtype |
Affidavit of Indigency
|
| Description |
Approved application for civil indigent status in confidential
|
| On Behalf Of |
Louis J. Thompson
|
|
| Docket Date |
2024-03-15
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
| On Behalf Of |
Louis J. Thompson
|
|
| Docket Date |
2024-06-19
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Upon the Court's own motion, it is ordered that this appeal from the Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County, Florida, is dismissed for failure to comply with this Court's Order dated May 29, 2024, and with the Florida Rules of Appellate Procedure.
LOGUE, C.J., and LINDSEY and BOKOR, JJ., concur.
|
| View |
View File
|
|
|
|
MICHELLE KRAMER-BALTAJI, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF AUDREY KRAMER, Appellant(s) v. DAVID CHARLES BUNCIK, GOVERNMENT EMPLOYEES INSURANCE COMPANY, GEICO INDEMNITY CO., GEICO CASUALTY COMPANY, MADE CREATIONS, LLC, D/B/A MADE RESTAURANT, OFFICE BAR 1989, LLC, D/B/A OFFICE BAR SARASOTA, OFFICE BAR SRQ, INC., A. A.-L. B., JEANETTE CONRAD, Appellee(s).
|
2D2024-0570
|
2024-03-08
|
Open
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Twelfth Judicial Circuit, Manatee County
2020CA-4815
|
Parties
| Name |
MICHELLE KRAMER-BALTAJI
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Anthony James Manganiello, III, Meghan Elise O'Connell
|
|
| Name |
ESTATE OF AUDREY KRAMER
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
DAVID CHARLES BUNCIK
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Christian Dylan Farrow, Howard Lawrence Scholl
|
|
| Name |
GOVERNMENT EMPLOYEES INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Ryan D. Elias, Sharon C Degnan
|
|
| Name |
GEICO INDEMNITY CO.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
GEICO CASUALTY COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
MADE CREATIONS, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
D/B/A MADE RESTAURANT
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
OFFICE BAR 1989, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
D/B/A OFFICE BAR SARASOTA
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
THE OFFICE BAR SRQ, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
A. A.-L. B.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
JEANETTE CONRAD
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Manatee Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Hon. K. Douglas Henderson
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-03-25
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANT'S RESPONSE TO ORDER TO SHOW CAUSE
|
| On Behalf Of |
MICHELLE KRAMER-BALTAJI
|
|
| Docket Date |
2024-03-08
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2024-10-31
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
30 - RB DUE 12/02/2024
|
| On Behalf Of |
MICHELLE KRAMER-BALTAJI
|
|
| Docket Date |
2024-10-04
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Answer Brief
|
| On Behalf Of |
GOVERNMENT EMPLOYEES INSURANCE COMPANY
|
| View |
View File
|
|
| Docket Date |
2024-10-02
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Motion/Request for Oral Argument
|
| On Behalf Of |
GOVERNMENT EMPLOYEES INSURANCE COMPANY
|
|
| Docket Date |
2024-09-12
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
20 DAYS - AB DUE ON 10/03/24
|
| On Behalf Of |
GOVERNMENT EMPLOYEES INSURANCE COMPANY
|
|
| Docket Date |
2024-07-09
|
| Type |
Record
|
| Subtype |
Supplemental Record Redacted
|
| Description |
103 PAGES
|
|
| Docket Date |
2024-07-09
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
60 DAYS - AB DUE ON 09/13/24
|
| On Behalf Of |
GOVERNMENT EMPLOYEES INSURANCE COMPANY
|
|
| Docket Date |
2024-06-14
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief
|
| On Behalf Of |
MICHELLE KRAMER-BALTAJI
|
| View |
View File
|
|
| Docket Date |
2024-06-14
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Appellant's motion to supplement the record is granted, and Appellant shall make arrangements within 3 days with the clerk of the lower tribunal for the supplementation of the record with the items mentioned in the motion. The clerk shall transmit the supplemental record to this court within 25 days from the date of this order.
|
| View |
View File
|
|
| Docket Date |
2024-06-11
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement Record
|
| On Behalf Of |
MICHELLE KRAMER-BALTAJI
|
|
| Docket Date |
2024-05-14
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
30 DAYS - IB DUE ON 06/14/24
|
| On Behalf Of |
MICHELLE KRAMER-BALTAJI
|
|
| Docket Date |
2024-05-13
|
| Type |
Record
|
| Subtype |
Record on Appeal Redacted
|
| Description |
HENDERSON - 1039 PAGES
|
| On Behalf Of |
Manatee Clerk
|
|
| Docket Date |
2024-05-13
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Appellant's motion for extension of time is denied without prejudice to refile a motion within five days that demonstrates compliance with Florida Rule of Appellate Procedure 9.300(a) with respect to consultation with opposing counsel, failing which the brief shall be served by the current due date or within ten days of the date of this order, whichever is later.
|
| View |
View File
|
|
| Docket Date |
2024-05-09
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Motion for Extension of Time to Serve Initial Brief
|
| On Behalf Of |
MICHELLE KRAMER-BALTAJI
|
|
| Docket Date |
2024-04-19
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal - CERTIFIED
|
| On Behalf Of |
MICHELLE KRAMER-BALTAJI
|
|
| Docket Date |
2024-04-18
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
AMENDED RESPONSE TO ORDER TO SHOW CAUSE
|
| On Behalf Of |
MICHELLE KRAMER-BALTAJI
|
|
| Docket Date |
2024-04-15
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
NOTICE OF APPEARANCE
|
| On Behalf Of |
GOVERNMENT EMPLOYEES INSURANCE COMPANY
|
|
| Docket Date |
2024-04-12
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER ~ This court's March 8, 2024, order to show cause why this appeal should not bedismissed for lack of jurisdiction relinquished jurisdiction to the extent necessary for thetrial court to enter an appealable final order and stated that should appellant providesuch an order to this court within twenty days, the premature appeal would mature andproceed to consideration. See Wahl v. Taylor, 926 So. 2d 488, 489 (Fla. 2d DCA 2006);Fla. R. App. P. 9.110(l). Appellant's response to this court's March 8, 2024, orderdirects attention to a pending motion for entry of final judgment in accordance with thesummary judgment order on appeal. Review of the trial court's docket reflects that afinal judgment was docketed on April 4, 2024. Within 7 days of the date of this order,appellant shall supplement the response with a copy of the final judgment.
|
|
| Docket Date |
2024-03-08
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ W/ORDER
|
| On Behalf Of |
MICHELLE KRAMER-BALTAJI
|
|
| Docket Date |
2024-03-08
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2024-12-17
|
| Type |
Notice
|
| Subtype |
Notice of Oral Argument
|
| Description |
This case is provisionally set for oral argument on February 26, 2025, at 09:00 AM, before: Judge Daniel H. Sleet, Judge Morris Silberman, Judge Susan H. Rothstein-Youakim. Oral argument will occur in COURTROOM 2A of the MANATEE COUNTY JUDICIAL CENTER, 1051 MANATEE AVE. W., BRADENTON, FLORIDA. The court calendars can be viewed on this court's website at https://2dca.flcourts.gov. Counsel or parties are requested to make their presence known to court personnel by fifteen minutes prior to the time listed above.
The panel is subject to change without notice. Should the assigned panel of judges decide that the court will not benefit from oral argument in this proceeding, the attorneys or parties will be notified by order no less than two weeks before the scheduled date. If this is a criminal proceeding where a victim, as defined in article I, section 16(e), Florida Constitution, has invoked their right to notice under article I, section 16(b)(6), the State is directed to provide the victim with notice of this oral argument and of any changes to the scheduled date.
Please review the notice regarding oral argument in the Second District Court of Appeal that follows this order.
|
| View |
View File
|
|
| Docket Date |
2024-12-17
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set
|
|
| Docket Date |
2024-12-02
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Reply Brief
|
| On Behalf Of |
MICHELLE KRAMER-BALTAJI
|
| View |
View File
|
|
| Docket Date |
2024-03-08
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty ~ This appeal has been filed without a filing fee required by section 35.22(2)(a), Florida Statutes, Florida Statutes.If the attorney for appellant has not already done so, they shall forward the required $300.00 filing fee or, if applicable, a certificate or order of the lower tribunal finding appellant insolvent pursuant to section 57.081, Florida Statutes, within twenty days from the date of this order.If this court does not receive either of the above within the prescribed time, this appeal may be subject to dismissal without further notice.
|
|
|
|
Government Employees Insurance Company, et al., Appellant(s) v. Glassco Inc., et al., Appellee(s)
|
SC2023-1540
|
2023-11-07
|
Closed
|
|
| Classification |
Discretionary Review - Notice of Appeal - Certified Question from USSC or USCA
|
| Court |
Supreme Court of Florida
|
| Originating Court |
USCOA
23-11056
|
Parties
| Name |
GEICO INDEMNITY COMPANY
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
GEICO GENERAL INSURANCE COMPANY
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
GLASSCO INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Howard Jerome Levine, Michael Vincent Laurato
|
|
| Name |
Jason Wilemon
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Andrew Victor
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
JOHN BAILEY COMPANY, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Automotive Education and Policy Institute
|
| Role |
Amicus - Appellee
|
| Status |
Active
|
| Representations |
David Caldevilla
|
|
| Name |
GOVERNMENT EMPLOYEES INSURANCE COMPANY
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Max Saulter Gershenoff, John Patrick Marino, Kristen L. Wenger, Yonatan Meir Bernstein, Lindsey Ryan Trowell, Chloe Allyson Orta
|
|
Docket Entries
| Docket Date |
2024-10-25
|
| Type |
Miscellaneous Document
|
| Subtype |
Publish Full
|
| Description |
Publish Full
|
|
| Docket Date |
2024-08-02
|
| Type |
Notice
|
| Subtype |
Address Change
|
| Description |
Notice of Address Change
|
| On Behalf Of |
Glassco Inc.
|
| View |
View File
|
|
| Docket Date |
2024-05-24
|
| Type |
Notice
|
| Subtype |
Supplemental Authority
|
| Description |
Appellees' Second Notice of Supplemental Authority- Ductan v. Geico Gen. Ins. Co., -- F.Supp.3d --, 2024 WL 1477019 (S.D. Fla. Feb. 29, 2024)
|
| On Behalf Of |
Glassco Inc.
|
| View |
View File
|
|
| Docket Date |
2024-04-24
|
| Type |
Notice
|
| Subtype |
Supplemental Authority
|
| Description |
Appellees' Notice of Supplemental Authority - Steele v. Comm'r of Soc. Sec., -- So.3d --, 2024 WL 630219 (Fla. Feb. 15, 2024)
|
| On Behalf Of |
Glassco Inc.
|
| View |
View File
|
|
| Docket Date |
2024-03-27
|
| Type |
Order
|
| Subtype |
OA Schedule
|
| Description |
The above case is hereby scheduled for oral argument at 9:00 a.m., Wednesday, May 8, 2024. 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.
|
| View |
View File
|
|
| Docket Date |
2024-02-28
|
| Type |
Motion
|
| Subtype |
Request-Oral Argument
|
| Description |
Appellants' Request for Oral Argument
|
| On Behalf Of |
Government Employees Insurance Company
|
| View |
View File
|
|
| Docket Date |
2024-02-19
|
| Type |
Brief
|
| Subtype |
Reply-Merit
|
| Description |
Reply Brief of Appellants Government Employees Insurance Company, GEICO Indemnity Company, and GEICO General Insurance Company
|
| On Behalf Of |
Government Employees Insurance Company
|
| View |
View File
|
|
| Docket Date |
2024-02-08
|
| Type |
Notice
|
| Subtype |
Supplemental Authority
|
| Description |
Notice of Supplemental Authority - Fonte v. AT&T Wireless Servs., Inc., 903 So.2d 1019, 1024-1025 (Fla. 4th DCA 2005); Sanders v. Drivetime Car Sales Co., 221 So. 3d 718, 719 (Fla. 1st DCA 2017)
|
| On Behalf Of |
Automotive Education and Policy Institute
|
| View |
View File
|
|
| Docket Date |
2024-01-26
|
| Type |
Order
|
| Subtype |
Amicus Curiae
|
| Description |
The motion for leave to file brief as amicus curiae filed by Automotive Education and Policy Institue is hereby granted and they are allowed to file brief only in support of Appellees. The brief by the above referenced amicus curiae was filed with this Court on January 25, 2024.
|
| View |
View File
|
|
| Docket Date |
2024-01-25
|
| Type |
Brief
|
| Subtype |
Amicus Curiae Answer
|
| Description |
Automotive Education and Policy Institute's Amicus Curiae Brief in Support of Appellees
|
| On Behalf Of |
Automotive Education and Policy Institute
|
| View |
View File
|
|
| Docket Date |
2024-01-24
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Appellants' Response in Opposition to Automotive Education and Policy Institute's Motion for Leave to File Amicus Curiae Brief in Support of Appellees
|
| On Behalf Of |
Government Employees Insurance Company
|
| View |
View File
|
|
| Docket Date |
2024-01-22
|
| Type |
Motion
|
| Subtype |
Amicus Curiae
|
| Description |
Automotive Education and Policy Institute's Motion for Leave to File Amicus Curiae Brief in Support of Appellees
|
| On Behalf Of |
Automotive Education and Policy Institute
|
| View |
View File
|
|
| Docket Date |
2024-01-18
|
| Type |
Brief
|
| Subtype |
Answer-Merit
|
| Description |
Appellees' Answer Brief
|
| On Behalf Of |
Glassco Inc.
|
| View |
View File
|
|
| Docket Date |
2023-12-28
|
| Type |
Notice
|
| Subtype |
Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Glassco Inc.
|
| View |
View File
|
|
| Docket Date |
2023-12-20
|
| Type |
Brief
|
| Subtype |
Initial-Merit
|
| Description |
Initial Brief of Appellants Government Employees Insurance Company, GEICO General Insurance Company, and GEICO Indemnity Company
|
| On Behalf Of |
Government Employees Insurance Company
|
| View |
View File
|
|
| Docket Date |
2023-12-08
|
| Type |
Order
|
| Subtype |
Extension of Time (Merits Brief)
|
| Description |
Appellants' Motion for Extension of Time is granted and Appellants are allowed to and including December 20, 2023, 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 |
2023-12-08
|
| Type |
Motion
|
| Subtype |
Ext of Time (Initial Brief-Merit)
|
| Description |
Appellants' Unopposed Motion for Short Extension of Time to File Its Initial Brief on the Merits
|
| On Behalf Of |
Government Employees Insurance Company
|
| View |
View File
|
|
| Docket Date |
2023-11-13
|
| Type |
Event
|
| Subtype |
Fee Paid Through Portal
|
| Description |
Fee Paid Through Portal
|
|
| Docket Date |
2023-11-13
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice Advising the Court of Moving Party
|
| On Behalf Of |
Government Employees Insurance Company
|
| View |
View File
|
|
| Docket Date |
2023-11-07
|
| Type |
Notice
|
| Subtype |
Certified Question
|
| Description |
Notice of Certified Question - Includes Opinion and Record from USCA
|
| View |
View File
|
|
| Docket Date |
2024-09-25
|
| Type |
Disposition
|
| Subtype |
Cert Ques Fed - Answered Negative
|
| Description |
FSC-OPINION: Having answered the certified questions, we return this case to the Eleventh Circuit Court of Appeals. It is so ordered.
|
| View |
View File
|
|
| Docket Date |
2023-11-13
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Half Case Filing Fee-150
|
| Description |
Pay Half Case Filing Fee-150
|
| On Behalf Of |
Glassco Inc.
|
| View |
View File
|
|
| Docket Date |
2023-11-08
|
| Type |
Letter-Case
|
| Subtype |
Acknowledgment Letter-New Case-Pay Fee
|
| Description |
Acknowledgment Letter-New Case-Pay Fee
|
| View |
View File
|
|
| Docket Date |
2023-11-08
|
| Type |
Order
|
| Subtype |
Brief Sched (Federal Cases)
|
| Description |
The Court, on November 07, 2023, received from the United States Court of Appeals for the Eleventh Judicial Circuit, the above case which certifies a question pursuant to Florida Rule of Appellate Procedure 9.150. The parties are hereby directed on or before November 20, 2023, to file a written response advising the Court who the moving party will be. If the parties fail to advise the Court who the moving party will be or cannot determine among themselves who the moving party will be, the appellant listed above shall be the moving party.
Appellant's initial brief on the merits shall be served on or before December 13, 2023; appellee's answer brief on the merits shall be served thirty days after service of appellant's brief on the merits; and appellant's reply brief on the merits shall be served thirty days after service of appellee's brief on the merits.
|
| View |
View File
|
|
|
|
DR. DOCTOR DISC INJURY AND SPINAL CARE CLINIC, P.A., et al., Appellant(s) v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, Appellee(s).
|
4D2023-2339
|
2023-10-02
|
Closed
|
|
| Classification |
NOA Final - County Civil - PIP
|
| Court |
4th District Court of Appeal
|
| Originating Court |
County Court for the Seventeenth Judicial Circuit, Broward County
COINX22027597
|
Parties
| Name |
Dr. Doctor Disc Injury and Spinal Care Clinic, P.A.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Nicholas Zacharewski
|
|
| Name |
Jacobi Grace
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
GOVERNMENT EMPLOYEES INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Yineth Sanchez Aslan
|
|
| Name |
Hon. Giuseppina Miranda
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Broward Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-12-22
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Pursuant to the December 21, 2023 notice of voluntary dismissal, this case is dismissed.
|
| View |
View File
|
|
| Docket Date |
2023-12-21
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
Dr. Doctor Disc Injury and Spinal Care Clinic, P.A.
|
|
| Docket Date |
2023-12-21
|
| Type |
Order
|
| Subtype |
Show Cause for Brief or Record on Appeal
|
| Description |
Order to Show Cause for Lack of Prosecution - Initial Brief
|
| View |
View File
|
|
| Docket Date |
2023-10-03
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal **Certified Copy**
|
| On Behalf Of |
Broward Clerk
|
|
| Docket Date |
2023-10-02
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Pay Case Filing Fee-300
|
| View |
View File
|
|
| Docket Date |
2023-10-02
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
|
| Docket Date |
2023-10-02
|
| Type |
Event
|
| Subtype |
Fee Satisfied
|
| Description |
Fee Satisfied
|
|
| Docket Date |
2023-10-02
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
|
|
GOVERNMENT EMPLOYEES INSURANCE COMPANY, Appellant(s) v. OPEN MAGNETIC SCANNING OF BOCA-DELRAY d/b/a WINDSOR IMAGING BOCA-DELRAY a/a/o SAUVIENE GUERRIER-CADET, Appellee(s).
|
4D2023-2224
|
2023-09-15
|
Open
|
|
| Classification |
NOA Final - County Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
County Court for the Seventeenth Judicial Circuit, Broward County
COINX23-023838
|
Parties
| Name |
GOVERNMENT EMPLOYEES INSURANCE COMPANY
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Kristen L. Wenger, Drew Andrew Krieger, Rebecca Morrison
|
|
| Name |
OPEN MAGNETIC SCANNING OF BOCA-DELRAY, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Henry Ray Crouser, Sean Alexander Storani, Chad Andrew Barr
|
|
| Name |
Windsor Imaging Boca-Delray
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Sauviene Guerrier-Cadet
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Tabitha Blackmon
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Broward Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-10-01
|
| Type |
Recognizing Agreed Extension
|
| Subtype |
Answer Brief
|
| Description |
90 days to 12/29/24
|
|
| Docket Date |
2024-10-01
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension of Time - Answer Brief
|
|
| Docket Date |
2024-08-30
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDERED that Appellant's August 16, 2024 motion for extension of time is granted. Appellant's initial brief was filed August 30, 2024.
|
| View |
View File
|
|
| Docket Date |
2024-08-30
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief
|
| View |
View File
|
|
| Docket Date |
2024-08-30
|
| Type |
Record
|
| Subtype |
Appendix to Initial Brief
|
| Description |
Appendix to Initial Brief
|
|
| Docket Date |
2024-08-16
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Motion for Extension of Time to Serve Initial Brief
|
|
| Docket Date |
2024-08-15
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Record--3821 Pages
|
| On Behalf Of |
Broward Clerk
|
|
| Docket Date |
2024-07-16
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
AGREED MOTION TO APPROVE STIPULATION OF THE PARTIES
TO SUPPLEMENT THE RECORD ON APPEAL AND FOR
EXTENSION OF TIME TO FILE INITIAL BRIEF
(refiled to remove exhibit)
|
|
| Docket Date |
2024-06-26
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal--900 Pages
|
| On Behalf Of |
Broward Clerk
|
|
| Docket Date |
2024-06-25
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time for Record
|
| Description |
Order on Motion for Extension of Time for Record
|
| View |
View File
|
|
| Docket Date |
2024-06-20
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time for Record & EOT/Toll Briefing
|
| Description |
Motion for Extension of Time for Record & EOT/Toll Briefing
|
|
| Docket Date |
2024-05-24
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time for Record
|
| Description |
Order on Motion for Extension of Time for Record
|
| View |
View File
|
|
| Docket Date |
2024-05-22
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time for Record & EOT/Toll Briefing
|
| Description |
Motion for Extension of Time for Record & EOT/Toll Briefing
|
|
| Docket Date |
2024-04-23
|
| Type |
Order
|
| Subtype |
Order on Consolidation
|
| Description |
Order on Consolidation
|
| View |
View File
|
|
| Docket Date |
2024-04-18
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time for Record & EOT/Toll Briefing
|
| Description |
Unopposed Motion for Extension of Time for Completion of Consolidated Record on Appeal and Corresponding Extension of Time to File a Initial Brief on the Merits
|
|
| Docket Date |
2024-02-13
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Motion for Extension of Time to Serve Initial Brief
|
|
| Docket Date |
2023-11-21
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDERED that Appellant's November 17, 2023 motion for extension of time is granted, and Appellant shall serve the initial brief on or before February 19, 2024. 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.
|
| View |
View File
|
|
| Docket Date |
2023-11-17
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Motion for Extension of Time to Serve Initial Brief
|
|
| Docket Date |
2023-10-17
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to order to show cause
|
| On Behalf Of |
Government Employees Insurance Company
|
|
| Docket Date |
2023-10-11
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to order to show cause
|
| On Behalf Of |
Open Magnetic Scanning of Boca-Delray
|
|
| Docket Date |
2023-10-09
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
**Discharged** Order to Show Cause
|
| View |
View File
|
|
| Docket Date |
2023-10-05
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Related Case or Issue
|
| On Behalf Of |
Government Employees Insurance Company
|
|
| Docket Date |
2023-10-05
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
**Discharged** Order to Show Cause
|
| View |
View File
|
|
| Docket Date |
2023-09-18
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Open Magnetic Scanning of Boca-Delray
|
|
| Docket Date |
2023-09-18
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Open Magnetic Scanning of Boca-Delray
|
|
| Docket Date |
2023-09-15
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Paid Case Filing Fee-300
|
| View |
View File
|
|
| Docket Date |
2023-09-15
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2023-09-15
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order on Filing Fee
|
| View |
View File
|
|
| Docket Date |
2023-09-15
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Document
|
| Description |
Civil Cover Sheet
|
|
| Docket Date |
2023-09-15
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
|
| Docket Date |
2025-01-10
|
| Type |
Motions Other
|
| Subtype |
Motion To Compel
|
| Description |
APPELLEE'S MOTION TO COMPEL FILING OF TRIAL RECORD
CONFORMING TO RULE 9.200(d), DIRECT APPELLANT TO FILE
AN AMENDED CONSOLIDATED INITIAL BRIEF, AND RE-SET
DUE DATE FOR CONSOLIDATED ANSWER BRIEF
|
|
| Docket Date |
2024-12-31
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDERED that Appellee's December 30, 2024 motion for extension of time is granted in part, and Appellee shall serve the answer brief within ten (10) days from the date of this order. In addition, Appellee is notified that the failure to serve the brief within the time provided herein will foreclose Appellee's right to file a brief or otherwise participate in this appeal, or the court in its discretion may impose other sanctions. Appellee is advised that no further extensions will be granted absent a detailed explanation for why the answer 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. Attorney workload does not constitute extraordinary circumstances which justifies a further extension of time.
|
| View |
View File
|
|
| Docket Date |
2024-12-30
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Motion for Extension of Time to Serve Answer Brief
|
|
| Docket Date |
2024-07-25
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
ORDERED that the parties' July 15, 2024 agreed motion to supplement the record is
granted. The clerk of the lower tribunal shall prepare and file the supplemental material in this
court within twenty (20) days from the date of this order. Appellant shall monitor the
supplementation process. As to the unopposed request for an extension of time, Appellant is
advised that the filing of a motion to supplement the record is not a "mechanism to obtain an
indirect extension of time" and "[c]ounsel's obligation of timeliness demands an early, careful,
and complete assessment of the need to supplement the record on appeal, so as to avoid
unnecessary delay in disposition." Verasso v. State, 346 So. 3d 1282 (Fla. 1st DCA 2022); see
Personna v. State, 368 So. 3d 448 (Fla. 4th DCA 2023) ("This court has seen multiple instances
where counsel attempts to indirectly receive an extension of time to file a brief by seeking
supplementation of the record on appeal, usually after counsel has exhausted all their agreed
extensions of time. . . . A motion to supplement the record is not a motion for extension of time,
nor is it a tool for indirectly obtaining an extension of time."). Appellant shall serve the initial
brief on or before August 23, 2024
|
| View |
View File
|
|
| Docket Date |
2024-02-14
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDERED that appellant's February 13, 2024 motion for extension of time is granted, and appellant shall serve the initial brief on or before April 19, 2024. 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.
|
| View |
View File
|
|
| Docket Date |
2023-11-03
|
| Type |
Order
|
| Subtype |
Order on Consolidation
|
| Description |
ORDERED that, upon consideration of appellant's September 28, 2023 amended jurisdictional brief filed in 4D2023-2214, 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). Further, 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. Further, ORDERED that, upon consideration of appellee's October 11, 2023 response and appellant's October 17, 2023 response to this court's order to show cause, case numbers 4D2023-2199, 4D2023-2214, 4D2023-2224, 4D2023-2251, 4D2023-2292, 4D2023-2338, 4D2023-2367, and 4D2023-2369 are consolidated for purposes of assignment to the same panel. Further, ORDERED that this court's October 5, 2023 and October 9, 2023 orders to show cause are discharged.
|
| View |
View File
|
|
|
|
GOVERNMENT EMPLOYEES INSURANCE COMPANY VS ISO DIAGNOSTIC TESTING, INC. a/a/o LARCENIA TYSON
|
4D2023-1335
|
2023-06-01
|
Closed
|
|
| Classification |
Original Proceedings - County Small Claims - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
County Court for the Seventeenth Judicial Circuit, Broward County
COINX23-004320
|
Parties
| Name |
GOVERNMENT EMPLOYEES INSURANCE COMPANY
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Edward K. Cottrell, Drew Krieger
|
|
| Name |
ISO Diagnostic Testing, Inc.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Kevin R. Jackson
|
|
| Name |
Larcenia Tyson
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Hon. Kim Theresa Mollica
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-07-31
|
| Type |
Disposition
|
| Subtype |
Denied
|
| Description |
Denied - Order by Judge
|
|
| Docket Date |
2023-07-31
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
Order Denying Petition for Writ - Certiorari ~ ORDERED that the June 2, 2023 amended petition for writ of certiorari is denied.GROSS, CIKLIN and LEVINE, JJ., concur.
|
|
| Docket Date |
2023-07-28
|
| Type |
Order
|
| Subtype |
Order re Stay
|
| Description |
ORD-Case Stayed ~ ORDERED that case number 4D23-1780 is consolidated for resolution by the same panel as 4D23-1335. The appellate proceedings in 4D23-1780 are stayed pending further order of this Court and the outcome of 4D23-1335. Further, ORDERED that the proceedings below in the underlying case in 4D23-1780 (Broward COINX23-003038) are stayed pending review.
|
|
| Docket Date |
2023-07-26
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-Sua Sponte ~ ORDERED that case number 4D23-1758 is consolidated for resolution by the same panel as 4D23-1335. The appellate proceedings in 4D23-1758 are stayed pending further order of this Court and the outcome of 4D23-1335. Further, ORDERED that the proceedings below in the underlying case in 4D23-1758 (Broward 22-79328SC) are stayed pending review.
|
|
| Docket Date |
2023-07-24
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-Sua Sponte ~ ORDERED that case number 4D23-1750 is consolidated for resolution by the same panel as 4D23-1335. The appellate proceedings in 4D23-1750 are stayed pending further order of this Court and the outcome of 4D23-1335. Further, ORDERED that the proceedings below in the underlying case in 4D23-1750 (Broward 23-2540SC) are stayed pending review.
|
|
| Docket Date |
2023-07-20
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORD-Granting Consolidation ~ ORDERED that case number 4D23-1711 is consolidated for resolution by the same panel as 4D23-1335. The appellate proceedings in 4D23-1711 are stayed pending further order of this Court and the outcome of 4D23-1335. Further, ORDERED that the proceedings below in the underlying case in 4D23-1711 (Broward 22-79329SC) are stayed pending review.
|
|
| Docket Date |
2023-07-11
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-Sua Sponte ~ ORDERED that case number 4D23-1584 is consolidated for resolution by the same panel as 4D23-1335. The appellate proceedings in 4D23-1584 are stayed pending further order of this Court and the outcome of 4D23-1335. Further, ORDERED that the proceedings below in the underlying case in 4D23-1584 (Broward COINX22-079315) are stayed pending review.
|
|
| Docket Date |
2023-07-10
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Response ~ IN SUPPORT OF PETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
Government Employees Insurance Company
|
|
| Docket Date |
2023-07-07
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED that respondent has failed to refile the response to the petition for writ of certiorari following this Court’s June 26, 2023 order striking the response. Within three (3) days from the date of this order, respondent shall refile the response to the petition in compliance with this Court’s order.
|
|
| Docket Date |
2023-07-07
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ AMENDED RESPONSE TO PETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
ISO Diagnostic Testing, Inc.
|
|
| Docket Date |
2023-06-29
|
| Type |
Motions Extensions
|
| Subtype |
Motion Extension of Time To Reply To Response
|
| Description |
Motion Extension of TimeTo Reply To Response
|
| On Behalf Of |
Government Employees Insurance Company
|
|
| Docket Date |
2023-06-28
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORD-Granting Consolidation ~ ORDERED that 4D23-1541 is consolidated for resolution by the same panel as 4D23-1335. The appellate proceedings in 4D23-1541 are stayed pending further order of this Court and the outcome of 4D23-1335.
|
|
| Docket Date |
2023-06-26
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar Case Pending
|
| On Behalf Of |
Government Employees Insurance Company
|
|
| Docket Date |
2023-06-26
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ AMENDED RESPONSE TO PETITIONER'S MOTION TO STAY PENDING RESOLUTION OF PETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
ISO Diagnostic Testing, Inc.
|
|
| Docket Date |
2023-06-26
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
ISO Diagnostic Testing, Inc.
|
|
| Docket Date |
2023-06-26
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that respondent’s June 23, 2023 motion for attorney’s fees and response to petition for writ of certiorari are 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 General Practice and Judicial Administration 2.516(f).
|
|
| Docket Date |
2023-06-23
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO PETITION FOR WRIT OF CERTIORARI **Stricken**
|
| On Behalf Of |
ISO Diagnostic Testing, Inc.
|
|
| Docket Date |
2023-06-23
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ **Stricken**
|
| On Behalf Of |
ISO Diagnostic Testing, Inc.
|
|
| Docket Date |
2023-06-22
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-Sua Sponte ~ ORDERED that case number 4D23-1492 is consolidated for resolution by the same panel as 4D23-1335. The appellate proceedings in 4D23-1492 are stayed pending further order of this Court and the outcome of 4D23-1335.
|
|
| Docket Date |
2023-06-20
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar Case Pending
|
| On Behalf Of |
Government Employees Insurance Company
|
|
| Docket Date |
2023-06-16
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORD-Granting Consolidation ~ ORDERED that, having considered petitioner’s response to this Court’s June 9, 2023 order, case numbers 4D23-1391 and 4D23-1405 are consolidated for resolution by the same panel as case 4D23-1335. The appellate proceedings in case numbers 4D23-1391 and 4D23-1405 are stayed pending further order of this Court and the outcome of case 4D23-1335.
|
|
| Docket Date |
2023-06-14
|
| Type |
Order
|
| Subtype |
Order Vacating/Withdrawing Order
|
| Description |
Order Vacated ~ ORDERED that this court's June 13, 2023 order to show cause is vacated.
|
|
| Docket Date |
2023-06-12
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay
|
| On Behalf Of |
Government Employees Insurance Company
|
|
| Docket Date |
2023-06-12
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause
|
| On Behalf Of |
Government Employees Insurance Company
|
|
| Docket Date |
2023-06-09
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
Order to Show Cause ~ ORDERED that, within five (5) days from the date of this order, Petitioner shall file a response and show cause why this case should not be consolidated for all purposes and proceed in 4D23-1335. Petitioner's counsel shall file a notice of related cases in 4D23-1335 advising of all petitions in this Court raising the same issue.
|
|
| Docket Date |
2023-06-09
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar Case Pending
|
| On Behalf Of |
Government Employees Insurance Company
|
|
| Docket Date |
2023-06-08
|
| Type |
Order
|
| Subtype |
Show Cause re Petition
|
| Description |
ORD-Writs Show Cause with Reply ~ ORDERED that case numbers 4D23-1335 and 4D23-1363 are consolidated for all purposes and shall proceed in case 4D23-1335. Within twenty (20) days from the date of this order, respondent shall file a response to the petition and show cause why the relief requested should not be granted. Petitioner may file a reply within ten (10) days thereafter.
|
|
| Docket Date |
2023-06-02
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition ~ AMENDED
|
| On Behalf Of |
Government Employees Insurance Company
|
|
| Docket Date |
2023-06-02
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed ~ AMENDED
|
| On Behalf Of |
Government Employees Insurance Company
|
|
| Docket Date |
2023-06-01
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition ~ Stricken
|
|
| Docket Date |
2023-06-01
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2023-06-01
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed ~ Filing Fee Paid Through Portal
|
| On Behalf Of |
Government Employees Insurance Company
|
|
| Docket Date |
2023-06-01
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that petitioner's appendix to the petition for writ of certiorari 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 contains bookmarks which are not 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 |
2023-06-01
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Writ of Certiorari / Acknowledgment letter
|
|
| Docket Date |
2023-07-31
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney Fees-Prevailing ~ ORDERED that the respondent’s June 26, 2023 motion for attorney’s fees is granted conditioned on the trial court determining that respondent is the prevailing party and, if so, setting the amount of the attorney’s fees to be awarded for this appellate case. If a motion for rehearing is filed in this court, then services rendered in connection with the filing of the motion, including, but not limited to, preparation of a responsive pleading, shall be taken into account in computing the amount of the fee.
|
|
| Docket Date |
2023-07-05
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Grant Stay ~ ORDERED that, having considered respondent’s June 26, 2023 amended response, petitioner’s June 12, 2023 motion for stay pending review is granted. The proceedings in all the related underlying cases are stayed pending the outcome of this proceeding. The stayed cases are as follows: 4D23-1335 - COINX23-004320; 4D23-1363 - COINX22-079333; 4D23-1391 - COINX23-002535; 4D23-1405 - COINX23-002553; 4D23-1492 - COINX22-079335; 4D23-1541 - COINX-22-079332; 4D23-1556 - COINX22-079334.
|
|
| Docket Date |
2023-06-29
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-Sua Sponte ~ ORDERED that case number 4D23-1556 is consolidated for resolution by the same panel as 4D23-1335. The appellate proceedings in 4D23-1556 are stayed pending further order of this Court and the outcome of 4D23-1335.
|
|
| Docket Date |
2023-06-13
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
Order to Show Cause ~ **VACATED**ORDERED that, within five (5) days from the date of this order, Petitioner shall file a response and show cause why this case should not be consolidated for all purposes and proceed in 4D23-1335. Petitioner's counsel shall file a notice of related cases in 4D23-1335 advising of all petitions in this Court raising the same issue. Counsel for Petitioner is again advised and directed to this Court's June 1, 2023 Notice To Attorneys And To Parties Representing Themselves: "All parties shall promptly bring to the court's attention the pendency in this court of any related case, or any case involving related issues."
|
|
|
|
GEICO GENERAL INSURANCE COMPANY VS GLASSCO, INC. A/A/O JESSE VILLEGAS
|
2D2023-0354
|
2023-02-17
|
Closed
|
|
| Classification |
NOA Final - County Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
County Court for the Thirteenth Judicial Circuit, Hillsborough County
16-CC-032876
|
Parties
| Name |
GOVERNMENT EMPLOYEES INSURANCE COMPANY
|
| Role |
Appellant
|
| Status |
Withdrawn
|
| Representations |
CARYN L. BELLUS, ESQ., SCOTT E. ZIMMER, ESQ.
|
|
| Name |
GEICO GENERAL INSURANCE COMPANY
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
A/A/O JESE VILLEGAS
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
GLASSCO INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
DAVID M. CALDEVILLA, ESQ., CHRISTOPHER P. CALKIN, ESQ.
|
|
| Name |
HON. LISA ALLEN
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
HILLSBOROUGH CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-09-19
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant EOT (general)-74c ~ The parties' request for an extension of time is granted. This appeal shall remain stayed for an additional 30 days. Upon completion of the parties' settlement, Appellant shall file a notice of voluntary dismissal. Otherwise, Appellant shall file a status report within 30 days of the date of this order.
|
|
| Docket Date |
2023-06-13
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
ORDER GRANTING MOTION TO SUPPLEMENT THE RECORD ~ Appellant's motion to supplement the record is granted in part and denied in part.The motion is granted with respect to items (C)-(E) and the notices of service at thebeginning of items (A) and (B) to the extent that the notices were filed in the trial court,and appellant shall arrange within three days with the clerk of the lower tribunal for thesupplementation of the record with those items, with the supplemental record to be filedin this court within twenty-five days from the date of this order.The motion is denied with respect to the remaining items. Appellant has notdemonstrated that the remaining items were part of the lower tribunal's record or wereotherwise before the lower tribunal when it entered the order on appeal. SeeHillsborough Cnty. Bd. of Cnty. Comm'rs v. Public Emp. Relations Comm'n, 424 So. 2d132, 134 (Fla. 1st DCA 1982).To the extent Appellee requests this court to strike the appendix to the motion tosupplement, the request is granted, and the appendix is stricken. Any further reliefrequested in the response to the motion to supplement is denied.Appellant's motion to strike is denied.Appellant's motion to amend notice of appeal to correct scrivener's error isgranted to the extent that the style of this proceeding is corrected to reflect that theappellant is GEICO General Insurance Company.The motion to file supplemental record and appendix filed on April 18, 2023, andstyled under GEICO General Insurance Co. v. Glassco, Inc., (a/a/o Andrew Snavely),case number 2D23-293, are stricken as duplicates of the motion and appendix filed in2D23-293.
|
|
| Docket Date |
2023-10-12
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed
|
|
| Docket Date |
2023-10-11
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
Government Employees Insurance Company
|
|
| Docket Date |
2023-10-12
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2023-10-12
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORDER GRANTING VOLUNTARY DISMISSAL ~ The parties' joint stipulation for dismissal filed October 11, 2023, is treated as anotice of voluntary dismissal and is granted. This appeal is dismissed.
|
|
| Docket Date |
2023-09-15
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Government Employees Insurance Company
|
|
| Docket Date |
2023-08-16
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Grant Stay-55 ~ The parties' joint motion to stay appeal is granted as follows. This appeal isstayed for 30 days from the date of this order. Upon completion of the parties'settlement, Appellant shall file a notice of voluntary dismissal. Otherwise, Appellant shallfile a status report within thirty days of the date of this order.
|
|
| Docket Date |
2023-08-11
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay ~ JOINT NOTICE OF SETTLEMENT AND MOTION TO STAY APPEAL
|
| On Behalf Of |
Government Employees Insurance Company
|
|
| Docket Date |
2023-06-20
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 60 DAYS - IB DUE ON 08/21/23
|
| On Behalf Of |
Government Employees Insurance Company
|
|
| Docket Date |
2023-06-20
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 50 PAGES - REDACTED
|
| On Behalf Of |
HILLSBOROUGH CLERK
|
|
| Docket Date |
2023-05-24
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ GLASSCO'S RESPONSE TO GEICO'S MOTION TO STRIKE
|
| On Behalf Of |
GLASSCO, INC.
|
|
| Docket Date |
2023-05-12
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike ~ APPELLANT'S MOTION TO STRIKE REFERENCES TOUNRELATED APPEALS AND SUGGESTIONS OF SANCTIONS FROM APPELLEE'S RESPONSE TO APPELLANT'SMOTION TO SUPPLEMENT RECORD ON APPEAL
|
| On Behalf Of |
Government Employees Insurance Company
|
|
| Docket Date |
2023-05-05
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ APPELLANT'S MOTION TO AMEND NOTICE OF APPEAL TO CORRECT SCRIVENER'S ERROR
|
| On Behalf Of |
Government Employees Insurance Company
|
|
| Docket Date |
2023-05-02
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ GLASSCO'S RESPONSE TO GEICO'SMOTION TO SUPPLEMENT THE RECORD ON APPEAL
|
| On Behalf Of |
GLASSCO, INC.
|
|
| Docket Date |
2023-04-18
|
| Type |
Record
|
| Subtype |
Appendix to Motion
|
| Description |
ALL OTHER MOTIONS APPENDIX/ATTACHMENT
|
| On Behalf Of |
Government Employees Insurance Company
|
|
| Docket Date |
2023-04-18
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
Government Employees Insurance Company
|
|
| Docket Date |
2023-03-21
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ ALLEN - 3988 PAGES REDACTED
|
| On Behalf Of |
HILLSBOROUGH CLERK
|
|
| Docket Date |
2023-02-28
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ NOTICE OF RELATED CASES
|
| On Behalf Of |
Government Employees Insurance Company
|
|
| Docket Date |
2023-02-21
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Government Employees Insurance Company
|
|
| Docket Date |
2023-02-21
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid through Portal
|
| On Behalf Of |
Government Employees Insurance Company
|
|
| Docket Date |
2023-02-20
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
GLASSCO, INC.
|
|
| Docket Date |
2023-02-17
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty ~ This appeal has been filed without a filing fee required by section 35.22(2)(a), Florida Statutes, Florida Statutes.If the attorney for appellant has not already done so, they shall forward the required $300.00 filing fee or, if applicable, a certificate or order of the lower tribunal finding appellant insolvent pursuant to section 57.081, Florida Statutes, within twenty days from the date of this order.If this court does not receive either of the above within the prescribed time, this appeal may be subject to dismissal without further notice.
|
|
| Docket Date |
2023-02-17
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1 ~ AMENDED
|
|
| Docket Date |
2023-02-17
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ W/ORDER
|
| On Behalf Of |
Government Employees Insurance Company
|
|
| Docket Date |
2023-02-17
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
|
GEICO GENERAL INSURANCE COMPANY VS GLASSCO, INC. A/A/O U. PORTE
|
2D2023-0349
|
2023-02-16
|
Closed
|
|
| Classification |
NOA Final - County Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
County Court for the Thirteenth Judicial Circuit, Hillsborough County
16-CC-036248
|
Parties
| Name |
GEICO GENERAL INSURANCE COMPANY
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
GOVERNMENT EMPLOYEES INSURANCE COMPANY
|
| Role |
Appellant
|
| Status |
Withdrawn
|
| Representations |
SCOTT E. ZIMMER, ESQ., CARYN L. BELLUS, ESQ.
|
|
| Name |
A/A/O U. PORTE
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
GLASSCO INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
CHRISTOPHER P. CALKIN, ESQ., DAVID M. CALDEVILLA, ESQ.
|
|
| Name |
HON. LISA ALLEN
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
HILLSBOROUGH CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-06-13
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
ORDER GRANTING MOTION TO SUPPLEMENT THE RECORD ~ Appellant's motion to supplement the record is granted in part and denied in part.The motion is granted with respect to items (B)-(E), (H)-(L), (N), (P)-(BB) and thenotices of service at the beginning of items (A), (G), and (M) to the extent that thenotices were filed in the trial court, and appellant shall arrange within three days with theclerk of the lower tribunal for the supplementation of the record with those items, withthe supplemental record to be filed in this court within twenty-five days from the date ofthis order.The motion is denied with respect to the remaining items. Appellant has notdemonstrated that the remaining items were part of the lower tribunal's record or wereotherwise before the lower tribunal when it entered the order on appeal. SeeHillsborough Cnty. Bd. of Cnty. Comm'rs v. Public Emp. Relations Comm'n, 424 So. 2d132, 134 (Fla. 1st DCA 1982).To the extent Appellee requests this court to strike the appendix to the motion tosupplement, the request is granted, and the appendix is stricken. Any further reliefrequested in the response to the motion to supplement is denied.Appellant's motion to strike is denied.Appellant's motion to amend notice of appeal to correct scrivener's error isgranted to the extent that the style of this proceeding is corrected to reflect that theappellant is GEICO General Insurance Company.
|
|
| Docket Date |
2023-06-26
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 145 PAGES - REDACTED
|
| On Behalf Of |
HILLSBOROUGH CLERK
|
|
| Docket Date |
2023-09-19
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant EOT (general)-74c ~ The parties' request for an extension of time is granted. This appeal shall remain stayed for an additional 30 days. Upon completion of the parties' settlement, Appellant shall file a notice of voluntary dismissal. Otherwise, Appellant shall file a status report within 30 days of the date of this order.
|
|
| Docket Date |
2023-10-12
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed
|
|
| Docket Date |
2023-10-12
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORDER GRANTING VOLUNTARY DISMISSAL ~ The parties' joint stipulation for dismissal filed October 11, 2023, is treated as anotice of voluntary dismissal and is granted. This appeal is dismissed.
|
|
| Docket Date |
2023-10-12
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2023-10-11
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
Government Employees Insurance Company
|
|
| Docket Date |
2023-09-15
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Government Employees Insurance Company
|
|
| Docket Date |
2023-08-16
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Grant Stay-55 ~ The parties' joint motion to stay appeal is granted as follows. This appeal isstayed for 30 days from the date of this order. Upon completion of the parties'settlement, Appellant shall file a notice of voluntary dismissal. Otherwise, Appellant shallfile a status report within thirty days of the date of this order.
|
|
| Docket Date |
2023-08-11
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay ~ JOINT NOTICE OF SETTLEMENT AND MOTION TO STAY APPEAL
|
| On Behalf Of |
Government Employees Insurance Company
|
|
| Docket Date |
2023-06-28
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 60 IB DUE 08/28/2023
|
| On Behalf Of |
Government Employees Insurance Company
|
|
| Docket Date |
2023-05-24
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ GLASSCO'S RESPONSE TO GEICO'S MOTION TO STRIKE
|
| On Behalf Of |
GLASSCO, INC.
|
|
| Docket Date |
2023-05-12
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike ~ APPELLANT'S MOTION TO STRIKE REFERENCES TOUNRELATED APPEALS AND SUGGESTIONS OF SANCTIONSFROM APPELLEE'S RESPONSE TO APPELLANT'SMOTION TO SUPPLEMENT RECORD ON APPEAL
|
| On Behalf Of |
Government Employees Insurance Company
|
|
| Docket Date |
2023-05-05
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ APPELLANT'S MOTION TO AMEND NOTICE OF APPEAL TO CORRECT SCRIVENER'S ERROR
|
| On Behalf Of |
Government Employees Insurance Company
|
|
| Docket Date |
2023-05-02
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ GLASSCO'S RESPONSE TO GEICO'S MOTION TO SUPPLEMENT THE RECORD ON APPEAL
|
| On Behalf Of |
GLASSCO, INC.
|
|
| Docket Date |
2023-04-18
|
| Type |
Record
|
| Subtype |
Appendix to Motion
|
| Description |
ALL OTHER MOTIONS APPENDIX/ATTACHMENT
|
| On Behalf Of |
Government Employees Insurance Company
|
|
| Docket Date |
2023-04-18
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
Government Employees Insurance Company
|
|
| Docket Date |
2023-03-23
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ ALLEN - 2837 PAGES REDACTED
|
| On Behalf Of |
HILLSBOROUGH CLERK
|
|
| Docket Date |
2023-02-28
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Related Case
|
| On Behalf Of |
Government Employees Insurance Company
|
|
| Docket Date |
2023-02-21
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid through Portal
|
| On Behalf Of |
Government Employees Insurance Company
|
|
| Docket Date |
2023-02-21
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Government Employees Insurance Company
|
|
| Docket Date |
2023-02-20
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
GLASSCO, INC.
|
|
| Docket Date |
2023-02-17
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty ~ This appeal has been filed without a filing fee required by section 35.22(2)(a), Florida Statutes, Florida Statutes.If the attorney for appellant has not already done so, they shall forward the required $300.00 filing fee or, if applicable, a certificate or order of the lower tribunal finding appellant insolvent pursuant to section 57.081, Florida Statutes, within twenty days from the date of this order.If this court does not receive either of the above within the prescribed time, this appeal may be subject to dismissal without further notice.
|
|
| Docket Date |
2023-02-17
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2023-02-16
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2023-02-16
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ W/ORDER
|
| On Behalf Of |
Government Employees Insurance Company
|
|
|
|
FIELDS MOTORCARS OF FLORIDA, INC. VS NATASHA ROMERO, ET AL.
|
SC2022-0351
|
2022-03-15
|
Closed
|
|
| Classification |
Discretionary Review - Notice to Invoke - Direct Conflict of Decisions
|
| Court |
Supreme Court of Florida
|
| Originating Court |
Circuit Court for the Ninth Judicial Circuit, Orange County
482017CA001647A001OX
Circuit Court for the Ninth Judicial Circuit, Orange County
5D20-1819
|
Parties
| Name |
FIELDS MOTORCARS OF FLORIDA, INC.
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Sebastian C. Mejia, Robert P. Vilece, Hinda Klein
|
|
| Name |
ALLSTATE INSURANCE COMPANY
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
JANE ANDERSON, Kelly L. Gillis, NICHOLAS P. EVANGELO, Arielle K. Brandt
|
|
| Name |
Natasha Romero
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Paul W. McBride, Thomas J. Seider, Mr. Ryan P. Rudd, ERIC S. BLOCK, Ady A. Goss, Brian J. Lee
|
|
| Name |
GOVERNMENT EMPLOYEES INSURANCE COMPANY
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
John H. Farren, Thomas K. Knight
|
|
| Name |
Hon. PATRICIA L. STROWBRIDGE
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Hon. Sandra B. Williams
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Hon. Tiffany Moore Russell
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-08-16
|
| Type |
Disposition
|
| Subtype |
Rev DY Lack Juris & Atty Fees Gr (Cond Offer Settle)
|
| Description |
DISP-REV DY LACK JURIS & ATTY FEES GR (COND OFFER SETTLE) ~ 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).Respondent's motion for attorneys' fees is granted in the amount of $2,500.00, conditioned on the trial court's determination, at the conclusion of the case, that under Florida Rule of Civil Procedure 1.442, Respondent is entitled to attorneys' fees pursuant to a proposal for settlement.
|
| View |
View File
|
|
| Docket Date |
2022-06-13
|
| Type |
Brief
|
| Subtype |
Juris Answer
|
| Description |
JURIS ANSWER BRIEF ~ Answer Brief on Jurisdiction
|
| On Behalf Of |
Natasha Romero
|
| View |
View File
|
|
| Docket Date |
2022-06-13
|
| Type |
Motion
|
| Subtype |
Attorney's Fees
|
| Description |
MOTION-ATTORNEYS FEES ~ Respondent's Motion for Attorneys' Fees
|
| On Behalf Of |
Natasha Romero
|
| View |
View File
|
|
| Docket Date |
2022-05-12
|
| Type |
Brief
|
| Subtype |
Appendix-Juris
|
| Description |
APPENDIX-JURIS BRIEF ~ Appendix to Petitioner's Initial Brief on Jurisdiction
|
| On Behalf Of |
Fields Motorcars of Florida, Inc.
|
| View |
View File
|
|
| Docket Date |
2022-03-24
|
| Type |
Motion
|
| Subtype |
Ext of Time (Juris Brief)
|
| Description |
MOTION-EXT OF TIME (JURIS BRIEF) ~ PETITIONER'S UNOPPOSED MOTION FOR EXTENSIONOF TIME TO SERVE JURISDICTIONAL BRIEF
|
| On Behalf Of |
Fields Motorcars of Florida, Inc.
|
| View |
View File
|
|
| Docket Date |
2022-03-24
|
| 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 May 12, 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 |
2022-03-22
|
| Type |
Event
|
| Subtype |
Fee Paid Through Portal
|
| Description |
Fee Paid Through Portal
|
|
| Docket Date |
2022-03-22
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
PAY CASE FILING FEE-300
|
| On Behalf Of |
Fields Motorcars of Florida, Inc.
|
| View |
View File
|
|
| Docket Date |
2022-03-16
|
| Type |
Letter-Case
|
| Subtype |
Acknowledgment Letter-New Case-Pay Fee
|
| Description |
ACKNOWLEDGMENT LETTER-NEW CASE-PAY FEE
|
| View |
View File
|
|
| Docket Date |
2022-03-15
|
| Type |
Notice
|
| Subtype |
Invoke Discretionary Jurisdiction
|
| Description |
NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT)
|
| On Behalf Of |
Fields Motorcars of Florida, Inc.
|
| View |
View File
|
|
| Docket Date |
2022-03-15
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
|
GOVERNMENT EMPLOYEES INSURANCE COMPANY, INC., etc., VS SHAYNE JENSEN, et al.,
|
3D2022-0354
|
2022-02-24
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
18-38165
|
Parties
| Name |
NICOLE HANDWERKER
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SHAYNE JENSEN
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
ALAN L. GRINBERG, LINDSAY R. ABBONDANDOLO, Michal Meiler, Stephen A. Marino, Jr., KEVIN D. BARR, CLIFFORD C. HIGBY
|
|
| Name |
GOVERNMENT EMPLOYEES INSURANCE COMPANY
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Adam A. Duke, Richard A. Weldy, B. RICHARD YOUNG
|
|
| Name |
Hon. Lourdes Simon
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-07-17
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2023-07-17
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-06-30
|
| Type |
Order
|
| Subtype |
Order on Motion for Reconsideration/Rehearing of an Order
|
| Description |
Rehearing denied (OD57) ~ Upon consideration, Appellant’s Motion for Rehearing and Motion for Written Opinion is hereby denied. SCALES, MILLER and BOKOR, JJ., concur.
|
|
| Docket Date |
2023-06-23
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ To Motion for Rearing and Written Opinion
|
| On Behalf Of |
SHAYNE JENSEN
|
|
| Docket Date |
2023-06-08
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing ~ APPELLANT'S MOTION FOR REHEARING AND MOTION FOR WRITTEN OPINION
|
| On Behalf Of |
Government Employees Insurance Company
|
|
| Docket Date |
2023-05-24
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Attorney Fees Granted (OG47) ~ Upon consideration of Appellees’ Motion for Fees and Costs, it is ordered that said Motion is granted, and the matter is remanded to the trial court to fix a reasonable amount.
|
|
| Docket Date |
2023-05-24
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2023-05-09
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ 3DCA
|
|
| Docket Date |
2023-04-05
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ APPELLANT'S NOTICE OF TRIAL CONFLICT
|
| On Behalf Of |
Government Employees Insurance Company
|
|
| Docket Date |
2023-03-21
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ NOTICE OF ACKNOWLEDGMENT
|
| On Behalf Of |
Government Employees Insurance Company
|
|
| Docket Date |
2023-01-23
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Government Employees Insurance Company
|
|
| Docket Date |
2022-11-18
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Extension granted to file reply brief NFE (OG05A) ~ Appellant’s Unopposed Motion for an Extension of Time to File the Reply Brief is granted to and including January 23, 2023, with no further extensions allowed.
|
|
| Docket Date |
2022-11-17
|
| 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 |
Government Employees Insurance Company
|
|
| Docket Date |
2022-11-01
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
SHAYNE JENSEN
|
|
| Docket Date |
2022-11-01
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
SHAYNE JENSEN
|
|
| Docket Date |
2022-11-01
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
SHAYNE JENSEN
|
|
| Docket Date |
2022-10-24
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
SHAYNE JENSEN
|
|
| Docket Date |
2022-09-13
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
Government Employees Insurance Company
|
|
| Docket Date |
2022-08-17
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ AB-60 days to 10/24/2022
|
|
| Docket Date |
2022-08-17
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
SHAYNE JENSEN
|
|
| Docket Date |
2022-06-22
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ AB-60 days to 8/23/2022
|
|
| Docket Date |
2022-06-22
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
SHAYNE JENSEN
|
|
| Docket Date |
2022-05-25
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Government Employees Insurance Company
|
|
| Docket Date |
2022-05-23
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ GEICO'S NOTICE OF FILING OF TRANSCRIPTS IN ACCORDANCEWITH THE COURT'S ORDER DATED MAY 10, 2022
|
| On Behalf Of |
Government Employees Insurance Company
|
|
| Docket Date |
2022-05-10
|
| Type |
Order
|
| Subtype |
Order to Transmit Record/Supplemental Record on Appeal
|
| Description |
Non-Conforming Transcript Stricken ~ Upon review of the record/affidavits filed in this case, the Courthas determined that condensed transcripts fail to comply with therequirements of Florida Rules of Appellate Procedure 9.200(b)(4) and9.220(c)(4). Any such condensed transcripts filed after January 1, 2019,are hereby stricken. The responsible party (the party who seeks to havethe transcripts considered by this Court) shall file transcripts that complywith the Florida Rules of Appellate Procedure within thirty (30) days fromthe date of this Order.
|
|
| Docket Date |
2022-05-06
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2022-04-19
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB-30 days to 5/25/2022
|
|
| Docket Date |
2022-04-18
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time ~ GEICO'S NOTICE OF AGREED EXTENSION OF TIME TO FILE INITIALBRIEF ON APPEAL ON OR BEFORE MAY 25, 2022
|
| On Behalf Of |
Government Employees Insurance Company
|
|
| Docket Date |
2022-03-25
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
SHAYNE JENSEN
|
|
| Docket Date |
2022-03-24
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
Government Employees Insurance Company
|
|
| Docket Date |
2022-03-24
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB-30 days to 4/25/2022
|
|
| Docket Date |
2022-03-16
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Government Employees Insurance Company
|
|
| Docket Date |
2022-02-24
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ Related case: 19-2424
|
| On Behalf Of |
Government Employees Insurance Company
|
|
| Docket Date |
2022-02-24
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
| On Behalf Of |
Government Employees Insurance Company
|
|
| Docket Date |
2022-02-24
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case letter with attachments. The 3DCA $300 filing fee for a notice of appeal is due.
|
|
| Docket Date |
2022-02-24
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee-civil w/atty (OR14B) ~ This is to notify counsel for Appellant that the filing and prosecution of a notice of appeal in this Court is not acceptable without compliance with the Florida Rules of Appellate Procedure. Therefore, this appeal will be dismissed unless the required three hundred dollar ($300.00) fee is paid to the Clerk of the Court on or before March 6, 2022.
|
|
| Docket Date |
2023-03-09
|
| Type |
Notice
|
| Subtype |
Notice of Oral Argument
|
| Description |
Notice of Oral Argument ~ The above-styled cause will be set for oral argument on Tuesday, May 9, 2023, at 9:30 A.M., before the Third District Court of Appeal, which is located at 2001 S.W. 117 Avenue, Miami, Florida 33175-1716.All counsel and self-represented parties (if applicable) who will appear to argue this cause before the Court must complete and return the attached Notice of Acknowledgment within seven (7) days of this Notice. The parties will be allowed FILLIN "10, 15 or 20 minutes" \* MERGEFORMAT fifteen (15) minutes per side to present their arguments. Counsel is cautioned that failure to timely respond to this Order will result in the case being set for in-person oral argument.PLEASE NOTE THIS NOTICE AND THE ATTACHED ACKNOWLEDGEMENT FORM HAVE CHANGED. PLEASE READ CAREFULLY. THE PARTIES MAY SELECT IN-PERSON OR REMOTE APPEARANCE. COUNSEL (AND SELF-REPRESENTED PARTIES, IF APPLICABLE) MUST CONFER AND SEEK AGREEMENT UPON THE METHOD OF APPEARANCE (IN-PERSON OR REMOTE) PRIOR TO COMPLETING AND RETURNING THE ATTACHED NOTICE OF ACKNOWLEDGEMENT FORM. Upon receipt of the acknowledgement form, the Court shall send out a notice of in-person (if all parties agree to appear in-person), remote (if all parties agree to appear remotely), or hybrid (if one or more parties will appear in-person, but other(s) will appear remotely) oral argument.It is your responsibility to contact the Clerk’s office if you do not receive a notice reflecting the specific date and time for oral argument 7 days before the week specified above. If this is a criminal appeal, in compliance with Marsy’s Law, the State of Florida is hereby directed to provide notice of this oral argument to the victims, as defined by Marsy’s Law. The Court reserves the right to remove the case from the oral argument calendar at any time before the date of oral argument. Additionally, the Court reserves the right to change the date, time, and method of appearance of the oral argument. Please review any amended or updated notice carefully. Similar or related cases should be brought to the attention of the Oral Argument Clerk at (305) 229-3200 ext. 3258. Absence of counsel at the time this case is called shall be deemed a waiver of oral argument.
|
| On Behalf Of |
SHAYNE JENSEN
|
|
|
|
BRIAN SIGOUIN VS GOVERNMENT EMPLOYEES INSURANCE COMPANY
|
4D2022-0252
|
2022-01-21
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE17010128
|
Parties
| Name |
Brian Sigouin
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
GOVERNMENT EMPLOYEES INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Bruce H. Schiller
|
|
| Name |
Hon. Fabienne E. Fahnestock
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-06-22
|
| Type |
Order
|
| Subtype |
Order on Motion for Reconsideration/Rehearing of an Order
|
| Description |
Order Denying Reconsideration ~ ORDERED that appellant's May 19, 2022 motion for reconsideration is denied.
|
|
| Docket Date |
2022-05-19
|
| Type |
Motions Other
|
| Subtype |
Motion for Reconsideration/Rehearing of an Order
|
| Description |
Motion For Reconsideration
|
| On Behalf Of |
Brian Sigouin
|
|
| Docket Date |
2022-05-03
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellant's May 2, 2022 motions are stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that there is no certificate of service or the certificate of service does not comply in substance with the requirements of Florida Rule of General Practice and Judicial Administration 2.516(f). You are notified of the requirement to serve the appellee with a copy of everything you file with this court and to indicate in the certificate of service that you served the appellee. Appellant may re-file the document with a proper certificate of service which indicates service on the appellee within fifteen (15) days from the date of this order.
|
|
| Docket Date |
2022-05-02
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ **STRICKEN**
|
| On Behalf Of |
Brian Sigouin
|
|
| Docket Date |
2022-05-02
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing ~ **STRICKEN** MOTION FOR RECONSIDERATION
|
| On Behalf Of |
Brian Sigouin
|
|
| Docket Date |
2022-05-02
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit ~ IN SUPPORT OF MOTION FOR RECONSIDERATION
|
| On Behalf Of |
Brian Sigouin
|
|
| Docket Date |
2022-04-11
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2022-04-11
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissed as Untimely ~ ORDERED that this appeal is dismissed as untimely filed. Further, ORDERED that appellant’s February 7, 2022 motion for appointment of counsel, February 18, 2022 motion for appointment of counsel, and March 17, 2022 motion for relief from final judgment are denied as moot.DAMOORGIAN, GERBER and KUNTZ, JJ., concur.
|
|
| Docket Date |
2022-03-17
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ Motion for Relief from Final Judgement
|
| On Behalf Of |
Brian Sigouin
|
|
| Docket Date |
2022-03-15
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ (273 PAGES)
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-03-01
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellant's February 28, 2022 document is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that there is no certificate of service or the certificate of service does not comply in substance with the requirements of Florida Rule of General Practice and Judicial Administration 2.516(f). You are notified of the requirement to serve the appellee with a copy of everything you file with this court and to indicate in the certificate of service that you served the appellee. Appellant may re-file the document with a proper certificate of service which indicates service on the appellee within fifteen (15) days from the date of this order.
|
|
| Docket Date |
2022-02-28
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief ~ **STRICKEN**
|
| On Behalf Of |
Brian Sigouin
|
|
| Docket Date |
2022-02-18
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion for Appointment of Counsel
|
| Description |
Motion for Appointment of Counsel
|
| On Behalf Of |
Brian Sigouin
|
|
| Docket Date |
2022-02-15
|
| Type |
Misc. Events
|
| Subtype |
Determination of Indigency/LT Order Insolvency
|
| Description |
Determination of Indigent Status
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-02-14
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
AA - File Statement for Basis of Jurisdiction ~ ORDERED that within ten (10) days from the date of this order appellant shall file in this court a brief statement explaining the basis for this court’s subject matter jurisdiction over the order appealed in this case, citing supporting legal authorities. Appellant shall specifically address how the June 25, 2021 final judgment is timely appealed, as the notice of appeal was filed on December 22, 2021 pursuant to Florida Rule of Appellate Procedure 9.420, the order being appealed was rendered more than 30 days after its rendition, and it appears no motions tolling rendition were timely filed. See Fla. R. App. P. 9.020(h), 9.110(b), 9.420(a)(2). Further, Appellee may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2022-02-09
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken ~ ORDERED that appellant's February 7, 2022 motion to appeal in forma pauperis is stricken without prejudice to filing an application for determination of indigent status with the clerk of the lower tribunal, as this is not an original proceeding. See Fla. R. App. P. 9.430(a).
|
|
| Docket Date |
2022-02-07
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ **STRICKEN** FOR PERMISSION TO APPEAL IN FORMA PAUPERIS AND AFFIDAVIT
|
| On Behalf Of |
Brian Sigouin
|
|
| Docket Date |
2022-02-07
|
| Type |
Misc. Events
|
| Subtype |
Order Appealed
|
| Description |
Order Appealed ~ FINAL JUDGMENT
|
| On Behalf Of |
Brian Sigouin
|
|
| Docket Date |
2022-02-07
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion for Appointment of Counsel
|
| Description |
Motion for Appointment of Counsel
|
| On Behalf Of |
Brian Sigouin
|
|
| Docket Date |
2022-01-24
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| Description |
Appellant to File Order Appealed-Civil ~ ORDERED that appellant is directed to file, within fifteen (15) days from the date of this order, a conformed copy of the order being appealed. See Fla. R. App. P. 9.110(d). This copy must contain a legible stamp from the clerk of the lower tribunal, showing the date and time the order being appealed was filed in that office.
|
|
| Docket Date |
2022-01-24
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-01-21
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
WV:Waived
|
|
| Docket Date |
2022-01-21
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Brian Sigouin
|
|
|
|
GOVERNMENT EMPLOYEES INSURANCE COMPANY VS FLORIDA SPINE AND JOINT INSTITUTE, LLC a/a/o KEISHA ESPECA
|
4D2022-0155
|
2022-01-18
|
Closed
|
|
| Classification |
NOA Final - County Small Claims - PIP
|
| Court |
4th District Court of Appeal
|
| Originating Court |
County Court for the Seventeenth Judicial Circuit, Broward County
CONO19-003972
|
Parties
| Name |
GOVERNMENT EMPLOYEES INSURANCE COMPANY
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Kristen L. Wenger, Drew Andrew Krieger, Salvatore Thomas Coppolino
|
|
| Name |
Keisha Especa
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
FLORIDA SPINE AND JOINT INSTITUTE, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Michael W. Kranz, Lorin Louis Mrachek, Jeffrey M. Braxton, Robert H. Stein
|
|
| Name |
Hon. John D. Fry
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-04-13
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF CHANGE OF LAW FIRM
|
| On Behalf Of |
Government Employees Insurance Company
|
|
| Docket Date |
2023-02-06
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Government Employees Insurance Company
|
|
| Docket Date |
2023-02-06
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ GEICO GENERAL INSURANCE COMPANY'S
|
| On Behalf Of |
Government Employees Insurance Company
|
|
| Docket Date |
2023-01-12
|
| 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 Geico General Insurance Company’s January 11, 2023 motion for extension of time is granted in part, 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 |
2023-01-11
|
| 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 |
Government Employees Insurance Company
|
|
| Docket Date |
2022-12-21
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Florida Spine and Joint Institute, LLC
|
|
| Docket Date |
2022-12-21
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Florida Spine and Joint Institute, LLC
|
|
| Docket Date |
2023-10-20
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2023-09-28
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-09-28
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
Order on Motion for Rehearing
|
| View |
View File
|
|
| Docket Date |
2023-09-06
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ (GEICO) TO MOTION FOR REHEARING.
|
| On Behalf Of |
Government Employees Insurance Company
|
|
| Docket Date |
2023-08-22
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing
|
|
| Docket Date |
2023-08-09
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed - Authored Opinion
|
|
| Docket Date |
2023-08-09
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Deny Attorney's Fees ~ ORDERED that appellant Geico General Insurance Company’s February 6, 2023 motion for attorney's fees and costs is denied. Further,ORDERED that appellee Robert Stein, P.A.’s December 21, 2022 motion for attorney’s fees is denied.
|
|
| Docket Date |
2022-12-06
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief
|
| On Behalf Of |
Florida Spine and Joint Institute, LLC
|
|
| Docket Date |
2022-11-09
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
Florida Spine and Joint Institute, LLC
|
|
| Docket Date |
2022-11-08
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ (FILED IN 22-163)
|
| On Behalf Of |
Florida Spine and Joint Institute, LLC
|
|
| Docket Date |
2022-09-09
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
Florida Spine and Joint Institute, LLC
|
|
| Docket Date |
2022-08-16
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Government Employees Insurance Company
|
|
| Docket Date |
2022-08-15
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Government Employees Insurance Company
|
|
| Docket Date |
2022-07-26
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORD-Initial Brief to be Served ~ ORDERED that appellants’ July 22, 2022 motion for extension of time is granted in part. Appellants shall serve the initial brief within ten (10) days from the current due date. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case will be subject to dismissal or the court in its discretion may impose other sanctions. Appellants are advised that no further extensions will be granted absent a detailed explanation for why the initial brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant. Attorney workload does not constitute extraordinary circumstances which justifies a further extension of time.
|
|
| Docket Date |
2022-07-22
|
| 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 |
Government Employees Insurance Company
|
|
| Docket Date |
2022-06-15
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant, GEICO General Insurance Company’s June 10, 2022 motion for extension of time is granted, and appellant shall serve the initial brief on or before August 4, 2022. 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 |
2022-06-10
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ GEICO
|
| On Behalf Of |
Government Employees Insurance Company
|
|
| Docket Date |
2022-04-26
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant, GEICO General Insurance Company’s, April 25, 2022 motion for extension of time is granted, and appellant shall serve the initial brief on or before June 20, 2022. 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 |
2022-04-25
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellant, GEICO Insurance Company’s, April 22, 2022 motion 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 |
2022-04-25
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ GEICO
|
| On Behalf Of |
Government Employees Insurance Company
|
|
| Docket Date |
2022-04-22
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ **STRICKEN** GEICO
|
| On Behalf Of |
Government Employees Insurance Company
|
|
| Docket Date |
2022-02-16
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ (22-156) (248 PAGES)
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-01-27
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Florida Spine and Joint Institute, LLC
|
|
| Docket Date |
2022-01-24
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
Order to Show Cause ~ ORDERED that the parties are to show cause, within ten (10) days from the date of this order, as to why case numbers 4D21-2699, 4D21-2957, 4D21-3204, 4D22-165, 4D22-154, 4D22-155, 4D22-157, 4D22-158, 4D22-159, 4D22-162, 4D22-163, 4D22-172, 4D22-173, 4D22-174, 4D22-175, 4D22-178, 4D22-179, 4D22-180, 4D22-181, 4D22-183, 4D22-184, 4D22-187, 4D22-189, 4D22-190, 4D22-193, 4D22-194, 4D22-195, 4D22-196, 4D22-197, 4D22-198, 4D22-199, 4D22-200, and 4D22-201 should not be consolidated for all purposes. Further,ORDERED that the parties are to address how the briefing will be handled as to the appeals’ differences in awards of attorney’s fees against solely Florida Spine and Joint Institute, LLC, and against both Florida Spine and Joint Institute, LLC, and Geico Insurance Co.
|
|
| Docket Date |
2022-01-19
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Government Employees Insurance Company
|
|
| Docket Date |
2022-01-18
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-01-18
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Government Employees Insurance Company
|
|
| Docket Date |
2022-01-18
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-12-08
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORD-Answer Brief to be Served ~ ORDERED that appellee's December 6, 2022 motion for extension of time is granted, and appellee shall serve the answer brief on or before January 23, 2023. In addition, appellee is notified that the failure to serve the brief within the time provided herein will foreclose appellee's right to file a brief or otherwise participate in this appeal, or the court in its discretion may impose other sanctions. Appellee is advised that no further extensions will be granted absent a detailed explanation for why the answer 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. Attorney workload does not constitute extraordinary circumstances which justifies a further extension of time.
|
|
| Docket Date |
2022-02-14
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-Sua Sponte ~ Upon consideration of the parties’ February 3, 2022 joint response to this court’s January 21, 2022 order, and appellant Geico Insurance Co.’s February 8, 2022 response, it is ORDERED that case numbers 4D21-2699, 4D21-2957, 4D21-3204, and 4D22-165 are consolidated for all purposes and shall proceed under the time schedule for a final appeal and according to the Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D21-2699. Further,ORDERED that case numbers 4D22-154, 4D22-155, 4D22-157, 4D22-158, 4D22-159, 4D22-162, 4D22-163, 4D22-172, 4D22-173, 4D22-174, 4D22-175, 4D22-178, 4D22-179, 4D22-180, 4D22-181, 4D22-183, 4D22-184, 4D22-187, 4D22-189, 4D22-190, 4D22-191, 4D22-193, 4D22-194, 4D22-195, 4D22-196, 4D22-197, 4D22-198, 4D22-199, 4D22-200, and 4D22-201 are consolidated for all purposes and shall proceed under the time schedule for a final appeal and according to the Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D22-154. Further,ORDERED that the proposed briefing schedule provided in the parties’ February 3, 2022 joint response is adopted. Appellant may file directions to the clerk under Florida Rule of Appellate Procedure 9.200(a) within thirty (30) days from the date of this order, and appellee may file directions for additional documents and exhibits within twenty (20) days thereafter.ORDERED that the parties’ February 3, 2022 request for extension of time is granted in part without prejudice to seeking a further extension if necessary. Appellants shall serve their respective initial briefs within thirty (30) days from the filing of the record on appeal. In addition, if the initial briefs are not served within the time provided for in this order, the above–styled cases may be subject to dismissal or the court in its discretion may impose other sanctions.ORDERED that the captions in case numbers 4D21-2699 and 4D22-154 are corrected to change the name of the appellants to Florida Spine and Joint Institute, LLC and Geico Insurance Co., and the name of the appellee to Robert Stein, P.A. All future filings shall reflect this change. Further,ORDERED that Florida Spine and Joint Institute, LLC’s November 22, 2021 motion to consolidate is denied as moot. Further,ORDERED that this court’s January 24, 2022 order to show cause is discharged.
|
|
| Docket Date |
2022-01-18
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a lower tribunal clerk's determination of indigent status is filed.
|
|
|
|
GOVERNMENT EMPLOYEES INSURANCE COMPANY VS FLORIDA SPINE AND JOINT INSTITUTE, LLC a/a/o GIOVANNI GORDON
|
4D2022-0157
|
2022-01-18
|
Closed
|
|
| Classification |
NOA Final - County Small Claims - PIP
|
| Court |
4th District Court of Appeal
|
| Originating Court |
County Court for the Seventeenth Judicial Circuit, Broward County
CONO19-010968
|
Parties
| Name |
GOVERNMENT EMPLOYEES INSURANCE COMPANY
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Kristen L. Wenger, Salvatore Thomas Coppolino, George L. Cimballa, III, Drew Andrew Krieger
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
FLORIDA SPINE AND JOINT INSTITUTE, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Lorin Louis Mrachek, Jeffrey M. Braxton, Michael W. Kranz, Robert H. Stein
|
|
| Name |
Giovanni Gordon
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. John D. Fry
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-10-20
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2023-09-28
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-09-28
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
Order on Motion for Rehearing
|
| View |
View File
|
|
| Docket Date |
2023-09-06
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ (GEICO) TO MOTION FOR REHEARING.
|
| On Behalf Of |
Government Employees Insurance Company
|
|
| Docket Date |
2023-08-22
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing
|
|
| Docket Date |
2023-08-09
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed - Authored Opinion
|
|
| Docket Date |
2023-08-09
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Deny Attorney's Fees ~ ORDERED that appellant Geico General Insurance Company’s February 6, 2023 motion for attorney's fees and costs is denied. Further,ORDERED that appellee Robert Stein, P.A.’s December 21, 2022 motion for attorney’s fees is denied.
|
|
| Docket Date |
2023-04-13
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF CHANGE OF LAW FIRM
|
| On Behalf Of |
Government Employees Insurance Company
|
|
| Docket Date |
2023-02-06
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ GEICO GENERAL INSURANCE COMPANY'S
|
| On Behalf Of |
Government Employees Insurance Company
|
|
| Docket Date |
2023-02-06
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Government Employees Insurance Company
|
|
| Docket Date |
2023-01-12
|
| 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 Geico General Insurance Company’s January 11, 2023 motion for extension of time is granted in part, 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 |
2023-01-11
|
| 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 |
Government Employees Insurance Company
|
|
| Docket Date |
2022-12-21
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Florida Spine and Joint Institute, LLC
|
|
| Docket Date |
2022-12-21
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Florida Spine and Joint Institute, LLC
|
|
| Docket Date |
2022-12-06
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief
|
| On Behalf Of |
Florida Spine and Joint Institute, LLC
|
|
| Docket Date |
2022-11-09
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
Florida Spine and Joint Institute, LLC
|
|
| Docket Date |
2022-11-08
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ (FILED IN 22-163)
|
| On Behalf Of |
Florida Spine and Joint Institute, LLC
|
|
| Docket Date |
2022-09-09
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Florida Spine and Joint Institute, LLC
|
|
| Docket Date |
2022-08-16
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Government Employees Insurance Company
|
|
| Docket Date |
2022-08-15
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Government Employees Insurance Company
|
|
| Docket Date |
2022-01-18
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Document
|
| Description |
Misc. LT pleadings ~ *Civil Cover Sheet
|
|
| Docket Date |
2022-01-18
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Government Employees Insurance Company
|
|
| Docket Date |
2022-07-22
|
| 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 |
Government Employees Insurance Company
|
|
| Docket Date |
2022-06-15
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant, GEICO General Insurance Company’s June 10, 2022 motion for extension of time is granted, and appellant shall serve the initial brief on or before August 4, 2022. 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 |
2022-06-10
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ GEICO
|
| On Behalf Of |
Government Employees Insurance Company
|
|
| Docket Date |
2022-04-26
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant, GEICO General Insurance Company’s, April 25, 2022 motion for extension of time is granted, and appellant shall serve the initial brief on or before June 20, 2022. 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 |
2022-04-25
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellant, GEICO Insurance Company’s, April 22, 2022 motion 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 |
2022-04-25
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ GEICO
|
| On Behalf Of |
Government Employees Insurance Company
|
|
| Docket Date |
2022-04-22
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ **STRICKEN** GEICO
|
| On Behalf Of |
Government Employees Insurance Company
|
|
| Docket Date |
2022-02-16
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ (22-155) (201 PAGES)
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-01-18
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-01-27
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Florida Spine and Joint Institute, LLC
|
|
| Docket Date |
2022-01-24
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
Order to Show Cause ~ ORDERED that the parties are to show cause, within ten (10) days from the date of this order, as to why case numbers 4D21-2699, 4D21-2957, 4D21-3204, 4D22-165, 4D22-154, 4D22-155, 4D22-157, 4D22-158, 4D22-159, 4D22-162, 4D22-163, 4D22-172, 4D22-173, 4D22-174, 4D22-175, 4D22-178, 4D22-179, 4D22-180, 4D22-181, 4D22-183, 4D22-184, 4D22-187, 4D22-189, 4D22-190, 4D22-193, 4D22-194, 4D22-195, 4D22-196, 4D22-197, 4D22-198, 4D22-199, 4D22-200, and 4D22-201 should not be consolidated for all purposes. Further,ORDERED that the parties are to address how the briefing will be handled as to the appeals’ differences in awards of attorney’s fees against solely Florida Spine and Joint Institute, LLC, and against both Florida Spine and Joint Institute, LLC, and Geico Insurance Co.
|
|
| Docket Date |
2022-01-19
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Government Employees Insurance Company
|
|
| Docket Date |
2022-12-08
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORD-Answer Brief to be Served ~ ORDERED that appellee's December 6, 2022 motion for extension of time is granted, and appellee shall serve the answer brief on or before January 23, 2023. In addition, appellee is notified that the failure to serve the brief within the time provided herein will foreclose appellee's right to file a brief or otherwise participate in this appeal, or the court in its discretion may impose other sanctions. Appellee is advised that no further extensions will be granted absent a detailed explanation for why the answer 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. Attorney workload does not constitute extraordinary circumstances which justifies a further extension of time.
|
|
| Docket Date |
2022-07-26
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORD-Initial Brief to be Served ~ ORDERED that appellants’ July 22, 2022 motion for extension of time is granted in part. Appellants shall serve the initial brief within ten (10) days from the current due date. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case will be subject to dismissal or the court in its discretion may impose other sanctions. Appellants are advised that no further extensions will be granted absent a detailed explanation for why the initial brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant. Attorney workload does not constitute extraordinary circumstances which justifies a further extension of time.
|
|
| Docket Date |
2022-02-14
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-Sua Sponte ~ Upon consideration of the parties’ February 3, 2022 joint response to this court’s January 21, 2022 order, and appellant Geico Insurance Co.’s February 8, 2022 response, it is ORDERED that case numbers 4D21-2699, 4D21-2957, 4D21-3204, and 4D22-165 are consolidated for all purposes and shall proceed under the time schedule for a final appeal and according to the Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D21-2699. Further,ORDERED that case numbers 4D22-154, 4D22-155, 4D22-157, 4D22-158, 4D22-159, 4D22-162, 4D22-163, 4D22-172, 4D22-173, 4D22-174, 4D22-175, 4D22-178, 4D22-179, 4D22-180, 4D22-181, 4D22-183, 4D22-184, 4D22-187, 4D22-189, 4D22-190, 4D22-191, 4D22-193, 4D22-194, 4D22-195, 4D22-196, 4D22-197, 4D22-198, 4D22-199, 4D22-200, and 4D22-201 are consolidated for all purposes and shall proceed under the time schedule for a final appeal and according to the Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D22-154. Further,ORDERED that the proposed briefing schedule provided in the parties’ February 3, 2022 joint response is adopted. Appellant may file directions to the clerk under Florida Rule of Appellate Procedure 9.200(a) within thirty (30) days from the date of this order, and appellee may file directions for additional documents and exhibits within twenty (20) days thereafter.ORDERED that the parties’ February 3, 2022 request for extension of time is granted in part without prejudice to seeking a further extension if necessary. Appellants shall serve their respective initial briefs within thirty (30) days from the filing of the record on appeal. In addition, if the initial briefs are not served within the time provided for in this order, the above–styled cases may be subject to dismissal or the court in its discretion may impose other sanctions.ORDERED that the captions in case numbers 4D21-2699 and 4D22-154 are corrected to change the name of the appellants to Florida Spine and Joint Institute, LLC and Geico Insurance Co., and the name of the appellee to Robert Stein, P.A. All future filings shall reflect this change. Further,ORDERED that Florida Spine and Joint Institute, LLC’s November 22, 2021 motion to consolidate is denied as moot. Further,ORDERED that this court’s January 24, 2022 order to show cause is discharged.
|
|
| Docket Date |
2022-01-18
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a lower tribunal clerk's determination of indigent status is filed.
|
|
|
|
GOVERNMENT EMPLOYEES INSURANCE COMPANY VS FLORIDA SPINE AND JOINT INSTITUTE, LLC a/a/o FRANCISCO ORTIZ
|
4D2022-0184
|
2022-01-18
|
Closed
|
|
| Classification |
NOA Final - County Small Claims - PIP
|
| Court |
4th District Court of Appeal
|
| Originating Court |
County Court for the Seventeenth Judicial Circuit, Broward County
CONO20-003084
|
Parties
| Name |
GOVERNMENT EMPLOYEES INSURANCE COMPANY
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Kristen L. Wenger, George L. Cimballa, III, Drew Andrew Krieger, Salvatore Thomas Coppolino
|
|
| Name |
FLORIDA SPINE AND JOINT INSTITUTE, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Michael W. Kranz, Lorin Louis Mrachek, Jeffrey M. Braxton, Robert H. Stein
|
|
| Name |
FRANCISCO ORTIZ LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. John D. Fry
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-10-20
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2023-09-28
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-09-28
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
Order on Motion for Rehearing
|
| View |
View File
|
|
| Docket Date |
2023-09-06
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ (GEICO) TO MOTION FOR REHEARING.
|
| On Behalf Of |
Government Employees Insurance Company
|
|
| Docket Date |
2023-08-22
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing
|
|
| Docket Date |
2023-08-09
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Deny Attorney's Fees ~ ORDERED that appellant Geico General Insurance Company’s February 6, 2023 motion for attorney's fees and costs is denied. Further,ORDERED that appellee Robert Stein, P.A.’s December 21, 2022 motion for attorney’s fees is denied.
|
|
| Docket Date |
2023-08-09
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed - Authored Opinion
|
|
| Docket Date |
2023-04-13
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF CHANGE OF LAW FIRM
|
| On Behalf Of |
Government Employees Insurance Company
|
|
| Docket Date |
2023-02-06
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Government Employees Insurance Company
|
|
| Docket Date |
2023-02-06
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ GEICO GENERAL INSURANCE COMPANY'S
|
| On Behalf Of |
Government Employees Insurance Company
|
|
| Docket Date |
2023-01-12
|
| 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 Geico General Insurance Company’s January 11, 2023 motion for extension of time is granted in part, 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 |
2023-01-11
|
| 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 |
Government Employees Insurance Company
|
|
| Docket Date |
2022-12-21
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Florida Spine and Joint Institute, LLC
|
|
| Docket Date |
2022-12-21
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Florida Spine and Joint Institute, LLC
|
|
| Docket Date |
2022-12-08
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORD-Answer Brief to be Served ~ ORDERED that appellee's December 6, 2022 motion for extension of time is granted, and appellee shall serve the answer brief on or before January 23, 2023. In addition, appellee is notified that the failure to serve the brief within the time provided herein will foreclose appellee's right to file a brief or otherwise participate in this appeal, or the court in its discretion may impose other sanctions. Appellee is advised that no further extensions will be granted absent a detailed explanation for why the answer 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. Attorney workload does not constitute extraordinary circumstances which justifies a further extension of time.
|
|
| Docket Date |
2022-12-06
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief
|
| On Behalf Of |
Florida Spine and Joint Institute, LLC
|
|
| Docket Date |
2022-11-09
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
Florida Spine and Joint Institute, LLC
|
|
| Docket Date |
2022-11-08
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ (FILED IN 22-163)
|
| On Behalf Of |
Florida Spine and Joint Institute, LLC
|
|
| Docket Date |
2022-09-09
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Florida Spine and Joint Institute, LLC
|
|
| Docket Date |
2022-08-16
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Government Employees Insurance Company
|
|
| Docket Date |
2022-08-15
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Government Employees Insurance Company
|
|
| Docket Date |
2022-07-26
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORD-Initial Brief to be Served ~ ORDERED that appellants’ July 22, 2022 motion for extension of time is granted in part. Appellants shall serve the initial brief within ten (10) days from the current due date. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case will be subject to dismissal or the court in its discretion may impose other sanctions. Appellants are advised that no further extensions will be granted absent a detailed explanation for why the initial brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant. Attorney workload does not constitute extraordinary circumstances which justifies a further extension of time.
|
|
| Docket Date |
2022-07-22
|
| 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 |
Government Employees Insurance Company
|
|
| Docket Date |
2022-06-15
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant, GEICO General Insurance Company’s June 10, 2022 motion for extension of time is granted, and appellant shall serve the initial brief on or before August 4, 2022. 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 |
2022-06-10
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ GEICO
|
| On Behalf Of |
Government Employees Insurance Company
|
|
| Docket Date |
2022-04-26
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant, GEICO General Insurance Company’s, April 25, 2022 motion for extension of time is granted, and appellant shall serve the initial brief on or before June 20, 2022. 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 |
2022-04-25
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ GEICO
|
| On Behalf Of |
Government Employees Insurance Company
|
|
| Docket Date |
2022-04-25
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellant, GEICO Insurance Company’s, April 22, 2022 motion 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 |
2022-04-22
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ **STRICKEN** GEICO
|
| On Behalf Of |
Government Employees Insurance Company
|
|
| Docket Date |
2022-02-16
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ (22-155) (201 PAGES)
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-02-14
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-Sua Sponte ~ Upon consideration of the parties’ February 3, 2022 joint response to this court’s January 21, 2022 order, and appellant Geico Insurance Co.’s February 8, 2022 response, it is ORDERED that case numbers 4D21-2699, 4D21-2957, 4D21-3204, and 4D22-165 are consolidated for all purposes and shall proceed under the time schedule for a final appeal and according to the Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D21-2699. Further,ORDERED that case numbers 4D22-154, 4D22-155, 4D22-157, 4D22-158, 4D22-159, 4D22-162, 4D22-163, 4D22-172, 4D22-173, 4D22-174, 4D22-175, 4D22-178, 4D22-179, 4D22-180, 4D22-181, 4D22-183, 4D22-184, 4D22-187, 4D22-189, 4D22-190, 4D22-191, 4D22-193, 4D22-194, 4D22-195, 4D22-196, 4D22-197, 4D22-198, 4D22-199, 4D22-200, and 4D22-201 are consolidated for all purposes and shall proceed under the time schedule for a final appeal and according to the Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D22-154. Further,ORDERED that the proposed briefing schedule provided in the parties’ February 3, 2022 joint response is adopted. Appellant may file directions to the clerk under Florida Rule of Appellate Procedure 9.200(a) within thirty (30) days from the date of this order, and appellee may file directions for additional documents and exhibits within twenty (20) days thereafter.ORDERED that the parties’ February 3, 2022 request for extension of time is granted in part without prejudice to seeking a further extension if necessary. Appellants shall serve their respective initial briefs within thirty (30) days from the filing of the record on appeal. In addition, if the initial briefs are not served within the time provided for in this order, the above–styled cases may be subject to dismissal or the court in its discretion may impose other sanctions.ORDERED that the captions in case numbers 4D21-2699 and 4D22-154 are corrected to change the name of the appellants to Florida Spine and Joint Institute, LLC and Geico Insurance Co., and the name of the appellee to Robert Stein, P.A. All future filings shall reflect this change. Further,ORDERED that Florida Spine and Joint Institute, LLC’s November 22, 2021 motion to consolidate is denied as moot. Further,ORDERED that this court’s January 24, 2022 order to show cause is discharged.
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| Docket Date |
2022-01-24
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| Type |
Order
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| Subtype |
Order to Show Cause
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| Description |
Order to Show Cause ~ ORDERED that the parties are to show cause, within ten (10) days from the date of this order, as to why case numbers 4D21-2699, 4D21-2957, 4D21-3204, 4D22-165, 4D22-154, 4D22-155, 4D22-157, 4D22-158, 4D22-159, 4D22-162, 4D22-163, 4D22-172, 4D22-173, 4D22-174, 4D22-175, 4D22-178, 4D22-179, 4D22-180, 4D22-181, 4D22-183, 4D22-184, 4D22-187, 4D22-189, 4D22-190, 4D22-193, 4D22-194, 4D22-195, 4D22-196, 4D22-197, 4D22-198, 4D22-199, 4D22-200, and 4D22-201 should not be consolidated for all purposes. Further,ORDERED that the parties are to address how the briefing will be handled as to the appeals’ differences in awards of attorney’s fees against solely Florida Spine and Joint Institute, LLC, and against both Florida Spine and Joint Institute, LLC, and Geico Insurance Co.
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| Docket Date |
2022-01-19
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a lower tribunal clerk's determination of indigent status is filed.
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| Docket Date |
2022-01-19
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter
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| Docket Date |
2022-01-19
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| Type |
Misc. Events
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| Subtype |
Case Filing Fee Paid through Portal
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| Description |
Case Filing Fee Paid Through Portal
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| On Behalf Of |
Government Employees Insurance Company
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| Docket Date |
2022-01-18
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| Type |
Misc. Events
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| Subtype |
Miscellaneous Trial Court Document
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| Description |
Misc. LT pleadings ~ *Civil Cover Sheet
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| Docket Date |
2022-01-18
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| Type |
Notice
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| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal Filed
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| On Behalf Of |
Government Employees Insurance Company
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