|
COLLEEN SCHOCH and TIMOTHY MORELL, Appellant(s) v. LM GENERAL INSURANCE COMPANY, Appellee(s).
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4D2024-0286
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2024-02-02
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Open
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502020CA005240
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Parties
| Name |
Timothy Morell
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
LM GENERAL INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Jeffrey Scott Lapin, Jonathan Rudge Rosenn
|
|
| Name |
Hon. Carolyn Ruth Bell
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Palm Beach Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Colleen Schoch
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Kara Rockenbach Link, Daniel Marc Schwarz, Geoffrey S Stahl, Daniel Girvan Williams, Jeffrey Michael Liggio
|
|
Docket Entries
| Docket Date |
2024-05-30
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement Record
|
|
| Docket Date |
2024-05-30
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief
|
| View |
View File
|
|
| Docket Date |
2024-05-30
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
|
| Docket Date |
2024-05-30
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Motion/Request for Oral Argument
|
|
| Docket Date |
2024-05-11
|
| Type |
Recognizing Agreed Extension
|
| Subtype |
Initial Brief
|
| Description |
20 DAYS TO 6/3/24
|
|
| Docket Date |
2024-05-11
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension of Time - Initial Brief
|
|
| Docket Date |
2024-04-10
|
| Type |
Recognizing Agreed Extension
|
| Subtype |
Initial Brief
|
| Description |
30 days to 5/13/24
|
|
| Docket Date |
2024-04-10
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension of Time - Initial Brief
|
|
| Docket Date |
2024-03-15
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal; 2,845 Pages
|
| On Behalf Of |
Palm Beach Clerk
|
|
| Docket Date |
2024-02-02
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Pay Case Filing Fee-300
|
| View |
View File
|
|
| Docket Date |
2024-02-02
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-02-02
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| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order on Filing Fee
|
| View |
View File
|
|
| Docket Date |
2024-02-02
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
|
| Docket Date |
2024-09-19
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| Type |
Order
|
| Subtype |
Order Dispensing with Oral Argument
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| Description |
After reviewing the briefs, the court, pursuant to Florida Rule of Appellate Procedure 9.320, has dispensed with oral argument. The case will be submitted to a conference by a panel of the court.
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| View |
View File
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| Docket Date |
2024-09-04
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| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
|
| Docket Date |
2024-08-30
|
| Type |
Record
|
| Subtype |
Appendix to Reply
|
| Description |
Appendix to Reply Brief
|
|
| Docket Date |
2024-08-30
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Reply Brief
|
| View |
View File
|
|
| Docket Date |
2024-07-31
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| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Answer Brief
|
| On Behalf Of |
LM General Insurance Company
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| View |
View File
|
|
| Docket Date |
2024-06-28
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| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
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| Description |
ORDERED that Appellee's June 27, 2024 motion to supplement the record is granted, and the record is supplemented to include LM General time-stamped records. Said supplemental record is deemed filed as of the date of this order. Further,
ORDERED that Appellee's June 27, 2024 motion for extension of time is granted, and Appellee shall serve the answer brief on or before July 31, 2024. In addition, Appellee is notified that the failure to serve the brief within the time provided herein may foreclose Appellee's right to file a brief or otherwise participate in this appeal.
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| View |
View File
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| Docket Date |
2024-06-28
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Motion for Extension of Time to Serve Answer Brief
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|
| Docket Date |
2024-06-28
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| Type |
Record
|
| Subtype |
Supplemental Record
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| Description |
***Proposed*** Supplemental Record
|
|
| Docket Date |
2024-06-28
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| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Motion to Supplement Record & EOT/Toll Briefing
|
|
| Docket Date |
2024-06-04
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| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Order on Motion to Supplement Record
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| View |
View File
|
|
| Docket Date |
2024-05-30
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| Type |
Record
|
| Subtype |
Supplemental Record
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| Description |
***Motion Granted***Supplemental Record
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|
| Docket Date |
2025-01-02
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| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
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| Description |
ORDERED that Appellants' May 30, 2024 motion for appellate attorney's fees is denied.
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| View |
View File
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| Docket Date |
2025-01-02
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| Type |
Disposition by Opinion
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| Subtype |
Affirmed
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| Description |
Affirmed
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| View |
View File
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KENNETH WAYNE WALLACE VS RUBIN PETROVICH BULBA AND LIDYA BULBA, ET AL.,
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2D2022-1751
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2022-06-01
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Closed
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| Classification |
NOA Final - Circuit Civil - Other
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| Court |
2nd District Court of Appeal
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| Originating Court |
Circuit Court for the Sixth Judicial Circuit, Pinellas County
21-CA-930-CI
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Parties
| Name |
KENNETH WAYNE WALLACE
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| Role |
Appellant
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| Status |
Active
|
| Representations |
Brian James Lee, Esq.
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|
| Name |
LM GENERAL INSURANCE COMPANY
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| Role |
Appellee
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| Status |
Active
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|
| Name |
LIDYA BULBA
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| Role |
Appellee
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| Status |
Active
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|
| Name |
RUBIN PETROVICH BULBA
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| Role |
Appellee
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| Status |
Active
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| Representations |
RHONDA B. BOGGESS, ESQ., PAUL U. CHISTOLINI, ESQ.
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|
| Name |
HON. THOMAS M. RAMSBERGER
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| Role |
Judge/Judicial Officer
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| Status |
Active
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|
| Name |
PINELLAS CLERK
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| Role |
Lower Tribunal Clerk
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| Status |
Active
|
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Docket Entries
| Docket Date |
2023-07-12
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| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-07-11
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| Type |
Mandate
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| Subtype |
Mandate
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| Description |
Mandate
|
|
| Docket Date |
2023-06-16
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| Type |
Disposition by Opinion
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| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
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| Docket Date |
2023-06-16
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| Type |
Order
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| Subtype |
Order
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| Description |
Miscellaneous Order ~ Appellees Rubin Petrovich Bulba and Lidya Bulba's motion for an award of appellate attorney's fees under section 768.79, Florida Statutes (2022), and Florida Rule of Civil Procedure 1.442 based on their proposal for settlement is conditionally granted upon the trial court's determination of entitlement. If the trial court determines that the Bulbas are entitled to appellate attorney's fees, the trial court shall set fees in a reasonable amount.
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| Docket Date |
2023-03-20
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| Type |
Brief
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| Subtype |
Reply Brief
|
| Description |
Appellant Reply Brief
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| On Behalf Of |
KENNETH WAYNE WALLACE
|
|
| Docket Date |
2023-03-06
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| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
ORDER GRANTING APPELLANT'S REPLY BRIEF ~ Appellant's motion for extension of time is granted, and the reply brief shall beserved by March 21, 2023.
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| Docket Date |
2023-03-03
|
| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief
|
| On Behalf Of |
KENNETH WAYNE WALLACE
|
|
| Docket Date |
2023-02-03
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| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ APPELLEES' NOTICE OF FILING TRIAL COURT ORDER AS SUPPLEMENT TO APPELLEE'S MOTION FOR AWARD OF APPELLATE ATTORNEYS' FEES
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| On Behalf Of |
RUBIN PETROVICH BULBA
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|
| Docket Date |
2023-02-03
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| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief
|
| On Behalf Of |
RUBIN PETROVICH BULBA
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|
| Docket Date |
2023-01-06
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| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 15 - AB DUE 02/03/2023
|
| On Behalf Of |
RUBIN PETROVICH BULBA
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|
| Docket Date |
2022-12-20
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| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
KENNETH WAYNE WALLACE
|
|
| Docket Date |
2022-12-06
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| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ PAGES 289-369 REDACTED
|
| On Behalf Of |
PINELLAS CLERK
|
|
| Docket Date |
2022-11-18
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
ORD-GRANT SUPP.REC & EOT F/BRF ~ Appellant's unopposed amended motion for extension of time to comply with thiscourt's October 3, 2022, order is granted as follows. Within three days, appellant shallmake arrangements with the clerk of lower tribunal for the supplementation of the recordwith the items mentioned in the motion, with the supplemental record to be filed in thiscourt within twenty-five days from the date of this order. The initial brief shall be servedwithin thirty days of the date of this order.
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|
| Docket Date |
2022-11-17
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Motion Extension of Time For Supp.Record & Brief ~ amended
|
| On Behalf Of |
KENNETH WAYNE WALLACE
|
|
| Docket Date |
2022-11-17
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time for Record & Brief ~ UNOPPOSED MOTION FOR EXTENSION OF TIME TO PROVIDE SUPPLEMENTAL RECORD ON APPEAL AND TO FILEINITIAL BRIEF
|
| On Behalf Of |
KENNETH WAYNE WALLACE
|
|
| Docket Date |
2022-10-03
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion-79 ~ The parties’ joint motion to correct or supplement the record and modify briefing schedule is granted as follows. Appellant shall make arrangements within three days with the clerk of lower tribunal for the supplementation of the record with the items mentioned in the motion, with the supplemental record to be filed in this court within twenty-five days from the date of this order. Because the record must be supplemented through the clerk of the lower tribunal as just described, the copies of the record materials attached to the motion to supplement will not be considered by this court. Appellant shall serve the initial brief within forty-five days of the date of this order.
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|
| Docket Date |
2022-09-30
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Amend/Correct Record
|
| Description |
Motion To Correct the Record ~ JOINT MOTION TO CORRECTOR SUPPLEMENT THE RECORD AND MODIFYBRIEFING SCHEDULE
|
| On Behalf Of |
KENNETH WAYNE WALLACE
|
|
| Docket Date |
2022-09-01
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ APPELLEES' MOTION FOR AWARD OF APPELLATE ATTORNEYS' FEES
|
| On Behalf Of |
RUBIN PETROVICH BULBA
|
|
| Docket Date |
2022-09-01
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellant's motion for extension of time is granted, and the initial brief shall be served by September 30, 2022.
|
|
| Docket Date |
2022-08-31
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE INITIAL BRIEF
|
| On Behalf Of |
KENNETH WAYNE WALLACE
|
|
| Docket Date |
2022-08-12
|
| Type |
Order
|
| Subtype |
Order to Serve Brief
|
| Description |
Order for Immediate Filing of Brief ~ Appellant's initial brief shall be served within 20 days from the date of this order.
|
|
| Docket Date |
2022-08-04
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ RAMSBERGER - REDACTED- 288 PAGES
|
|
| Docket Date |
2022-06-21
|
| Type |
Misc. Events
|
| Subtype |
Certificate
|
| Description |
Certificate ~ CERTIFICATE OF THE CLERK
|
| On Behalf Of |
PINELLAS CLERK
|
|
| Docket Date |
2022-06-07
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
RUBIN PETROVICH BULBA
|
|
| Docket Date |
2022-06-01
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2022-06-01
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ W/ORDER APPEALED
|
| On Behalf Of |
KENNETH WAYNE WALLACE
|
|
| Docket Date |
2022-06-01
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid through Portal
|
| On Behalf Of |
KENNETH WAYNE WALLACE
|
|
| Docket Date |
2022-06-01
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty
|
|
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LM GENERAL INSURANCE COMPANY, Appellant(s) v. MD NOW MEDICAL CENTERS, INC. d/b/a MD NOW PATIENT: LISA LUGO, Appellee(s).
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4D2022-0847
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2022-03-28
|
Closed
|
|
| Classification |
NOA Final - County Small Claims - PIP
|
| Court |
4th District Court of Appeal
|
| Originating Court |
County Court for the Fifteenth Judicial Circuit, Palm Beach County
502019SC005335
|
Parties
| Name |
LM GENERAL INSURANCE COMPANY
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Keith Hernandez, Veresa Lia Jones Adams, Jeffrey Robert Geldens, Abbi Freifeld Carr
|
|
| Name |
MD Now
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
MD NOW MEDICAL CENTERS, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Chad Leslie Christensen, Douglas Howard Stein
|
|
| Name |
Lisa Lugo
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Reginald Roy Corlew
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-10-18
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-10-18
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing En Banc
|
| Description |
Order on Motion for Rehearing En Banc
|
| View |
View File
|
|
| Docket Date |
2023-09-27
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Appellant's Motion for Rehearing / Rehearing En Banc
|
| On Behalf Of |
MD Now Medical Centers, Inc.
|
|
| Docket Date |
2023-09-18
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing and Rehearing En Banc
|
| Description |
Motion for Rehearing and Rehearing En Banc
|
| On Behalf Of |
LM General Insurance Company
|
|
| Docket Date |
2023-08-23
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that appellant’s August 16, 2023 motion for extension of time is granted, and within thirty (30) days from the date of this order appellant may file any post-opinion motions.
|
|
| Docket Date |
2023-08-16
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time
|
| On Behalf Of |
LM General Insurance Company
|
|
| Docket Date |
2023-08-02
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Authored Opinion
|
|
| Docket Date |
2023-08-02
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney's Fees ~ ORDERED that the appellee's January 18, 2023 motion for attorney's fees is granted based on entitlement to fees under section 627.428, Florida Statutes. On remand, the trial court shall set the amount of 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 |
2023-03-10
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
LM General Insurance Company
|
|
| Docket Date |
2023-03-01
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO APPELLANT'S MOTION FOR APPELLATE ATTORNEY'S FEES
|
| On Behalf Of |
MD Now Medical Centers, Inc.
|
|
| Docket Date |
2023-02-28
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief
|
| On Behalf Of |
LM General Insurance Company
|
|
| Docket Date |
2023-02-28
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ (Response filed 03/01/2023)
|
| On Behalf Of |
LM General Insurance Company
|
|
| Docket Date |
2023-02-28
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 15 DAYS TO 03/16/2023
|
|
| Docket Date |
2023-01-30
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
MD Now Medical Centers, Inc.
|
|
| Docket Date |
2023-01-30
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
MD Now Medical Centers, Inc.
|
|
| Docket Date |
2023-01-04
|
| 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 |
MD Now Medical Centers, Inc.
|
|
| Docket Date |
2022-12-05
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 01/06/2023
|
|
| Docket Date |
2022-12-05
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
MD Now Medical Centers, Inc.
|
|
| Docket Date |
2022-09-16
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 60 DAYS TO 12/07/2022
|
|
| Docket Date |
2022-09-16
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
MD Now Medical Centers, Inc.
|
|
| Docket Date |
2022-09-08
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
LM General Insurance Company
|
|
| Docket Date |
2022-08-10
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 1212 PAGES
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2022-07-22
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORD-Granting Consolidation ~ ORDERED that, upon consideration of the parties' responses to the court's July 5, 2022 order to show cause, case numbers 4D22-846, 4D22-847, and 4D22-1486 are consolidated for designation to the same appellate panel for review.
|
|
| Docket Date |
2022-07-15
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause
|
| On Behalf Of |
LM General Insurance Company
|
|
| Docket Date |
2022-07-13
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause
|
| On Behalf Of |
MD Now Medical Centers, Inc.
|
|
| Docket Date |
2022-07-05
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
Order to Show Cause ~ Upon consideration of appellant’s June 30, 2022 notice of similar case pending, it is ORDERED that the parties are to show cause, within ten (10) days from the date of this order, as to why case numbers 4D22-846, 4D22-847, and 4D22-1486 should not be consolidated for the purpose of designation to the same appellate panel for review.
|
|
| Docket Date |
2022-06-30
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
LM General Insurance Company
|
|
| Docket Date |
2022-04-28
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
MD Now Medical Centers, Inc.
|
|
| Docket Date |
2022-04-27
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Order
|
| Description |
ORD-FROM CIRCUIT COURT/AGENCY ~ FINAL JUDGMENT
|
| On Behalf Of |
LM General Insurance Company
|
|
| Docket Date |
2022-03-31
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
Aplnt to Obtain Final Order-Dobrick/BCH ~ It appearing that the order to which the Notice of Appeal is directed is a non-appealable, non-final order, appellant(s) shall have thirty (30) days from the date of this order to obtain a final order and to file a copy in this court. Failure to do so will result in sua sponte dismissal of the appeal. Dobrick v. Discovery Cruises, Inc., 581 So. 2d 645 (Fla. 4th DCA 1991); see also Rust v. Brown, 13 So. 3d 1105, 1107 (Fla. 4th DCA 2009) ("An order merely granting a motion for summary judgment is not a final order because it does not enter judgment for or against a party.").ORDERED that the trial court is specifically authorized, pursuant to Florida Rule of Appellate Procedure 9.600(b), upon appropriate application, to enter a final order in these proceedings.
|
|
| Docket Date |
2022-03-29
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
LM General Insurance Company
|
|
| Docket Date |
2022-03-28
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-03-28
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2023-11-03
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-11-03
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2023-01-09
|
| 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 unopposed January 4, 2023 motion for extension of time is granted, and the time for service of the answer brief is extended to and including February 5, 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 |
2022-03-28
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
MD Now Medical Centers, Inc.
|
|
| Docket Date |
2022-03-28
|
| 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.
|
|
|
|
MEDICAL CENTER IMAGING, LLC a/a/o KAYLYN DORAN VS LM GENERAL INSURANCE COMPANY
|
4D2021-1354
|
2021-04-16
|
Closed
|
|
| Classification |
NOA Non Final - County Small Claims - PIP
|
| Court |
4th District Court of Appeal
|
| Originating Court |
County Court for the Seventeenth Judicial Circuit, Broward County
COSO21-000980
|
Parties
| Name |
MEDICAL CENTER IMAGING, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Chad A. Barr
|
|
| Name |
Kaylyn Doran
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
LM GENERAL INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Jessica Zlotnick Martin, Daniel Sagiv, Jeffrey R. Geldens, Veresa Jones Adams, Abbi Freifeld Carr, Jo- Anna Enriquez
|
|
| Name |
Hon. Terri-Ann Miller
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2222-06-17
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ CASE NUMBERS 4D21-721, 4D21-1079, 4D21-1109, 4D21-1111, 4D21-1112, 4D21-1407, 4D21-1510, 4D21-1579, 4D21-1581, 4D21-1602, 4D21-1078, 4D21-1352, 4D21-1354, and 4D21-1502 ARE CONSOLIDATED FOR PURPOSES OF PANEL AND OPINION. SEE 06/16/2021 ORDER.
|
|
| Docket Date |
2021-08-13
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-08-13
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2021-07-28
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed - Per Curiam Opinion ~ ON CONFESSION OF ERROR
|
|
| Docket Date |
2021-07-28
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney Fees-Prevailing ~ ORDERED that, having considered the opposition raised by appellees in 4D21-1352, 4D21-1354, and 4D21-1502, appellants’ motions for appellate attorney’s fees in these consolidated cases are granted conditioned on the trial court determining that the moving party is the prevailing party in the proceedings below.
|
|
| Docket Date |
2021-06-16
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED that case numbers 4D21-721, 4D21-1079, 4D21-1109, 4D21-1111, 4D21-1112, 4D21-1407, 4D21-1510, 4D21-1579, 4D21-1581, 4D21-1602, 4D21-1078, 4D21-1352, 4D21-1354, and 4D21-1502 are consolidated for purposes of panel and opinion.
|
|
| Docket Date |
2021-05-24
|
| Type |
Response
|
| Subtype |
Reply
|
| Description |
Reply
|
| On Behalf Of |
Medical Center Imaging, LLC
|
|
| Docket Date |
2021-05-20
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
LM General Insurance Company
|
|
| Docket Date |
2021-05-20
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ AND PARTIALCONFESSION OF ERROR
|
| On Behalf Of |
LM General Insurance Company
|
|
| Docket Date |
2021-05-10
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
Order to Show Cause ~ ORDERED that, within ten (10) days from the date of this order, appellee shall file a response with this court and show cause as to why this appeal should not be controlled by this court’s disposition in Advanced Diagnostic Group v. Ocean Harbor Cas. Ins. Co., Case No. 4D21-458, 2021 WL 1310851 (Fla. 4th DCA Apr. 8, 2021). Appellant may file a reply within five (5) days after the filing of the response. No extensions of time will be permitted absent a showing of extraordinary circumstances.
|
|
| Docket Date |
2021-04-29
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Medical Center Imaging, LLC
|
|
| Docket Date |
2021-04-29
|
| 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, 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.
|
|
| Docket Date |
2021-04-29
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2021-04-29
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Medical Center Imaging, LLC
|
|
| Docket Date |
2021-04-29
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Medical Center Imaging, LLC
|
|
| Docket Date |
2021-04-16
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Document
|
| Description |
Misc. LT pleadings ~ *Civil Cover Sheet
|
|
| Docket Date |
2021-04-16
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Medical Center Imaging, LLC
|
|
|
|
FT. MYERS MRI, LLC a/a/o DANICK DUMAS VS LM GENERAL INSURANCE COMPANY
|
4D2021-1352
|
2021-04-16
|
Closed
|
|
| Classification |
NOA Non Final - County Small Claims - PIP
|
| Court |
4th District Court of Appeal
|
| Originating Court |
County Court for the Seventeenth Judicial Circuit, Broward County
COSO21000929
|
Parties
| Name |
Danick Dumas
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
FT. MYERS MRI LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Chad A. Barr
|
|
| Name |
LM GENERAL INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Jeffrey R. Geldens, Jo- Anna Enriquez, Ignacio M. Sarmiento, Veresa Jones Adams, Abbi Freifeld Carr
|
|
| Name |
Hon. Terri-Ann Miller
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2222-06-17
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ CASE NUMBERS 4D21-721, 4D21-1079, 4D21-1109, 4D21-1111, 4D21-1112, 4D21-1407, 4D21-1510, 4D21-1579, 4D21-1581, 4D21-1602, 4D21-1078, 4D21-1352, 4D21-1354, and 4D21-1502 ARE CONSOLIDATED FOR PURPOSES OF PANEL AND OPINION. SEE 06/16/2021 ORDER.
|
|
| Docket Date |
2021-08-13
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2021-08-13
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-07-28
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed - Per Curiam Opinion ~ ON CONFESSION OF ERROR
|
|
| Docket Date |
2021-07-28
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney Fees-Prevailing ~ ORDERED that, having considered the opposition raised by appellees in 4D21-1352, 4D21-1354, and 4D21-1502, appellants’ motions for appellate attorney’s fees in these consolidated cases are granted conditioned on the trial court determining that the moving party is the prevailing party in the proceedings below.
|
|
| Docket Date |
2021-06-16
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED that case numbers 4D21-721, 4D21-1079, 4D21-1109, 4D21-1111, 4D21-1112, 4D21-1407, 4D21-1510, 4D21-1579, 4D21-1581, 4D21-1602, 4D21-1078, 4D21-1352, 4D21-1354, and 4D21-1502 are consolidated for purposes of panel and opinion.
|
|
| Docket Date |
2021-05-24
|
| Type |
Response
|
| Subtype |
Reply
|
| Description |
Reply
|
| On Behalf Of |
Ft. Myers MRI, LLC
|
|
| Docket Date |
2021-05-20
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
LM General Insurance Company
|
|
| Docket Date |
2021-05-20
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ AND PARTIALCONFESSION OF ERROR
|
| On Behalf Of |
LM General Insurance Company
|
|
| Docket Date |
2021-05-10
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
Order to Show Cause ~ ORDERED that, within ten (10) days from the date of this order, appellee shall file a response with this court and show cause as to why this appeal should not be controlled by this court’s disposition in Advanced Diagnostic Group v. Ocean Harbor Cas. Ins. Co., Case No. 4D21-458, 2021 WL 1310851 (Fla. 4th DCA Apr. 8, 2021). Appellant may file a reply within five (5) days after the filing of the response. No extensions of time will be permitted absent a showing of extraordinary circumstances.
|
|
| Docket Date |
2021-04-29
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Ft. Myers MRI, LLC
|
|
| Docket Date |
2021-04-29
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Ft. Myers MRI, LLC
|
|
| Docket Date |
2021-04-29
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Ft. Myers MRI, LLC
|
|
| Docket Date |
2021-04-16
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2021-04-16
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Document
|
| Description |
Misc. LT pleadings ~ *Civil Cover Sheet
|
|
| Docket Date |
2021-04-16
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Ft. Myers MRI, LLC
|
|
| Docket Date |
2021-04-16
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
|
|
LM GENERAL INSURANCE COMPANY VS RON WECHSEL, D.C., INC. d/b/a WECHSEL PAIN & REHAB CENTER a/a/o STEPHANIE TAYLOR
|
4D2020-1425
|
2020-06-22
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE18-11192 (AP)
Circuit Court for the Seventeenth Judicial Circuit, Broward County
COWE17-107826781
|
Parties
| Name |
LM GENERAL INSURANCE COMPANY
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Antonio D. Morin, Gary Guzzi
|
|
| Name |
Wechsel Pain & Rehab Center
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
RON WECHSEL, D.C., INC.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Chad A. Barr
|
|
| Name |
Stephanie Taylor
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2222-07-01
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ ***4D20-1279 AND 4D20-1425 ARE CONSOLIDATED FOR ALL PURPOSES. SEE 4D20-1279 FOR ALL FUTURE DOCKET ENTRIES. ***
|
|
| Docket Date |
2020-08-11
|
| Type |
Disposition
|
| Subtype |
Denied
|
| Description |
Denied - Order by Judge
|
|
| Docket Date |
2020-08-11
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
Order Denying Petition for Writ - Certiorari ~ ORDERED that the June 1, 2020 petition for writ of certiorari is denied. Further,ORDERED that petitioner’s June 2, 2020 request for oral argument is denied. Further,ORDERED that respondent’s June 2, 2020 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.GERBER, CONNER and KUNTZ, JJ., concur.
|
|
| Docket Date |
2020-06-30
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORD-Granting Consolidation ~ ORDERED that petitioner's June 29, 2020 motion to consolidate is granted. Case numbers 4D20-1279 and 4D20-1425 are consolidated for all purposes and shall proceed in case number 4D20-1279.
|
|
| Docket Date |
2020-06-29
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate
|
| On Behalf Of |
LM General Insurance Company
|
|
| Docket Date |
2020-06-23
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Writ of Certiorari / Acknowledgment letter
|
|
| Docket Date |
2020-06-22
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed ~ **FILING FEE PAID ELECTRONICALLY**
|
| On Behalf Of |
LM General Insurance Company
|
|
| Docket Date |
2020-06-22
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition ~ **FILING FEE PAID ELECTRONICALLY**
|
| On Behalf Of |
LM General Insurance Company
|
|
| Docket Date |
2020-06-22
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
|
|
|
LM GENERAL INSURANCE COMPANY VS LOUIS OLDONI
|
4D2020-0073
|
2020-01-09
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE15-006335
|
Parties
| Name |
LM GENERAL INSURANCE COMPANY
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Frances G. De La Guardia, Suzanne Aldahan, Scott A. Wachholder
|
|
| Name |
Louis Oldoni
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
David Lee Rich, Stephanie L. Serafin, Rebecca Mercier Vargas, Jane Kreusler-Walsh, Tamara L. Klopenstein
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|
| Name |
Hon. Martin J. Bidwill
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| Role |
Judge/Judicial Officer
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| Status |
Active
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|
| Name |
Clerk - Broward
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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Docket Entries
| Docket Date |
2020-04-29
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 45 DAYS TO 6/16/20.
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|
| Docket Date |
2020-04-29
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
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| On Behalf Of |
LM General Insurance Company
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|
| Docket Date |
2021-09-08
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| Type |
Record
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| Subtype |
Returned Exhibits
|
| Description |
Returned Exhibits
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|
| Docket Date |
2021-05-28
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| Type |
Misc. Events
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| Subtype |
West Publishing
|
| Description |
West Publishing
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|
| Docket Date |
2021-05-28
|
| Type |
Mandate
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| Subtype |
Mandate
|
| Description |
Mandate
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|
| Docket Date |
2021-05-06
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney Fees-Unconditionally ~ ORDERED that appellee’s November 6, 2020 motion for appellate attorney's fees is granted. On remand, the trial court shall set the amount of the attorney's fees to be awarded for this appellate case. If a motion for rehearing is filed in this court, then services rendered in connection with the filing of the motion, including, but not limited to, preparation of a responsive pleading, shall be taken into account in computing the amount of the fee.
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| Docket Date |
2021-05-06
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| Type |
Disposition by Opinion
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| Subtype |
Affirmed
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| Description |
Affirmed - Per Curiam Affirmed
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|
| Docket Date |
2021-04-27
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| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ 4DCA
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|
| Docket Date |
2021-04-09
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| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
Louis Oldoni
|
|
| Docket Date |
2021-04-01
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| Type |
Notice
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| Subtype |
Notice
|
| Description |
Notice ~ RE: OA
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| On Behalf Of |
LM General Insurance Company
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|
| Docket Date |
2021-03-29
|
| Type |
Order
|
| Subtype |
Order Re: Video Oral Argument
|
| Description |
Order Re: Video Oral Argument ~ Pursuant to Florida Supreme Court Administrative Order AOSC20-109, Comprehensive COVID-19 Emergency Measures for Florida Appellate Courts and this court’s prior order, the April 27, 2021 oral argument session will take place through Zoom video conference. Should both parties file a stipulation by noon on Monday, April 5, 2021 that they waive oral argument, the court will then decide the case based upon the briefs. If the parties do not stipulate to waive oral argument, then they shall file a notice by noon on Monday, April 5, 2021 which: (1) identifies the attorneys who will be arguing the case; and (2) provides the direct contact information for those attorneys. The Clerk of the Court will separately schedule a Zoom orientation/test session with the attorneys who will be arguing the case. The Clerk of the Court will also provide connection instructions for the oral argument session the week before the session.
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| Docket Date |
2021-01-27
|
| Type |
Order
|
| Subtype |
Order on Motion for Reconsideration/Rehearing of an Order
|
| Description |
ORD-Grant Rehearing on Interim Order ~ ORDERED that appellant’s January 21, 2021 motion for reconsideration of this court’s January 13, 2021 order dispensing with oral argument is granted. Appellant’s request for oral argument is granted. Oral argument will be set by separate order.
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|
| Docket Date |
2021-01-21
|
| Type |
Brief
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| Subtype |
Reply Brief
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| Description |
Appellant's Reply Brief
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| On Behalf Of |
LM General Insurance Company
|
|
| Docket Date |
2021-01-21
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing/Interim Order
|
| On Behalf Of |
LM General Insurance Company
|
|
| Docket Date |
2021-01-13
|
| Type |
Order
|
| Subtype |
Order Dispensing with Oral Argument
|
| Description |
ORD-Dispensing Oral Argument ~ After reviewing the briefs, the court, pursuant to Florida Rule of Appellate Procedure 9.320, has dispensed with oral argument. The case will be submitted to a conference by a panel of the court.
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|
| Docket Date |
2021-01-06
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order Granting EOT for Appellant's Reply Brief ~ ORDERED that appellant's January 4, 2021 motion for extension of time is granted, and appellant shall serve the reply brief on or before January 21, 2021. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
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|
| Docket Date |
2021-01-04
|
| 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 |
LM General Insurance Company
|
|
| Docket Date |
2020-12-08
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TOAPPELLEE'S MOTION FOR APPELLATE ATTORNEYS' FEES
|
| On Behalf Of |
LM General Insurance Company
|
|
| Docket Date |
2020-12-04
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order Granting EOT for Appellant's Reply Brief ~ ORDERED that appellant's December 3, 2020 motion for extension of time is granted, and appellant shall serve the reply brief on or before January 6, 2021. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
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|
| Docket Date |
2020-12-03
|
| 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 |
LM General Insurance Company
|
|
| Docket Date |
2020-11-20
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response ~ TO MOTION FOR ATTY'S FEES.
|
| On Behalf Of |
LM General Insurance Company
|
|
| Docket Date |
2020-11-20
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT to file Response ~ ORDERED that appellant's November 20, 2020 motion for extension is granted, and the time for filing a response to the motion for attorney’s fees is extended to and including December 8, 2020.
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|
| Docket Date |
2020-11-06
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ **RESPONSE FILED**
|
| On Behalf Of |
Louis Oldoni
|
|
| Docket Date |
2020-11-06
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Louis Oldoni
|
|
| Docket Date |
2020-10-20
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 11/20/20.
|
|
| Docket Date |
2020-10-20
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
Louis Oldoni
|
|
| Docket Date |
2020-09-16
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 10/21/20.
|
|
| Docket Date |
2020-09-16
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
Louis Oldoni
|
|
| Docket Date |
2020-08-14
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
Louis Oldoni
|
|
| Docket Date |
2020-08-14
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 9/21/20.
|
|
| Docket Date |
2020-07-21
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
LM General Insurance Company
|
|
| Docket Date |
2020-07-21
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
LM General Insurance Company
|
|
| Docket Date |
2020-07-10
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORD-Initial Brief to be Served ~ ORDERED that appellant's July 6, 2020 "motion for motion extension of time for serving initial brief" is granted, and appellant shall serve the initial brief on or before July 21, 2020. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case will be subject to dismissal or the court in its discretion may impose other sanctions. Appellant is advised that no further extensions will be granted absent a detailed explanation for why the initial brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant.
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|
| Docket Date |
2020-07-06
|
| 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 |
LM General Insurance Company
|
|
| Docket Date |
2020-06-23
|
| Type |
Record
|
| Subtype |
Transcript
|
| Description |
Transcript Received ~ (1545 PAGES)
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2020-06-10
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
ORD-Supplement Record w/Trans & Toll Time for Brf. ~ ORDERED that appellant's June 8, 2020 motion for extension of time is treated as a motion to supplement the record and toll time and is granted. The hearing on the motion for new trial shall be included in the record on appeal. The court reporter shall have thirty (30) days from the date of this order in which to prepare the transcript. The clerk of the lower tribunal shall prepare and file the supplemental material in this court within ten (10) days from receipt of the transcript. Appellant shall monitor the supplementation process. Further,ORDERED that the time for filing appellant's initial brief is tolled until ten (10) days after the supplemental record is received.
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|
| Docket Date |
2020-06-08
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ **TREATED AS A MOTION TO SUPPLEMENT THE RECORD**
|
| On Behalf Of |
LM General Insurance Company
|
|
| Docket Date |
2020-03-11
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 45 DAYS TO 5/2/20.
|
|
| Docket Date |
2020-03-06
|
| Type |
Record
|
| Subtype |
Exhibits
|
| Description |
Received Exhibits ~ 1 ENVELOPE.
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2020-03-02
|
| Type |
Record
|
| Subtype |
Transcript
|
| Description |
Transcript Received ~ (1646 PAGES)
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2020-02-25
|
| Type |
Record
|
| Subtype |
Record on Appeal Confidential
|
| Description |
Confidential Records ~ (922 PAGES) **CONFIDENTIAL**
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2020-01-10
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
LM General Insurance Company
|
|
| Docket Date |
2020-01-10
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2020-01-09
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
LM General Insurance Company
|
|
| Docket Date |
2020-01-09
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2021-02-22
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
ORD-Setting Oral Argument ~ This case is set for Oral Argument on April 27, 2021, at 10:30 A.M. for 15 minutes per side. In criminal cases where a victim, as defined in Article I, Section 16(e) of the Florida Constitution, has invoked their right to notice under Article I, Section 16(b)(6) of the Florida Constitution, the State shall provide the victim with notice of this oral argument and of any changes to the scheduled date or time.Pursuant to Florida Supreme Court Administrative Order AOSC20-109, Comprehensive COVID-19 Emergency Measures for Florida Appellate Courts, which requires that oral argument and other proceedings be conducted remotely during Phase 1 and Phase 2 of the pandemic, as set forth in that administrative order, this oral argument is scheduled to be conducted via Zoom. By separate order issued no later than three weeks before the scheduled oral argument, the parties will be directed to identify the attorney who will be presenting oral argument so that an orientation/test session can be scheduled by court staff with the attorneys to confirm their knowledge of the Zoom platform and test equipment compatibility.
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|
| Docket Date |
2020-03-11
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
LM General Insurance Company
|
|
| Docket Date |
2020-01-10
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed.
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LM GENERAL INSURANCE COMPANY VS NORA DOMBROWSKI
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4D2016-3406
|
2016-10-05
|
Closed
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|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
2015CA000822 MB AA
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Parties
| Name |
LM GENERAL INSURANCE COMPANY
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
James Sherman (DNU), RICHARD A. SHERMAN
|
|
| Name |
HON. CATHERINE M. BRUNSON
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
NORA DOMBROWSKI
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
CHRISTOPHER MASON LARMOYEUX, H. DAVIS LEWIS, JR., Chris N. Kolos
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|
Docket Entries
| Docket Date |
2016-12-15
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
LM General Insurance Company
|
|
| Docket Date |
2016-12-21
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the December 15, 2016 notice of dismissal of appeal due to settlement, this case is dismissed.
|
|
| Docket Date |
2016-12-21
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2016-12-15
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, within ten (10) days from the date of the entry of this order, why the above-styled case should not be dismissed for lack of timely prosecution, in that the appellant's initial brief has not been filed with this court as of this date. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief is filed within this time, the order to show cause will be considered automatically discharged without further order.
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|
| Docket Date |
2016-10-11
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal ~ (CERT. COPY; FILED 10/5/16)
|
|
| Docket Date |
2016-10-11
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2016-10-05
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2016-10-05
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
LM General Insurance Company
|
|
| Docket Date |
2016-10-11
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of this order. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed.
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