|
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
|
|
|
