| Docket Date |
2023-02-23
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ NOTICE TO THE COURT and MOTION TO DENYAPPELLEE'S RIGHT TO PARTICIPATE IN APPEAL
|
| On Behalf Of |
Benton McNeil
|
|
| Docket Date |
2023-02-23
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
ORD-Allowing Attachment to Record ~ ORDERED that the February 16, 2023 order is amended as follows: ORDERED that, upon consideration of appellant's February 17, 2023 response, appellee’s February 15, 2023 motion to supplement the record is granted, and the record is supplemented to include the Admissions of the Appellant under Florida Rule of Civil Procedure 1.370. Said supplemental record is deemed filed as of the date of this order.
|
|
| Docket Date |
2023-02-21
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Central Palm Beach Surgery Center Ltd.
|
|
| Docket Date |
2023-02-17
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION TO SUPPLEMENT
|
| On Behalf Of |
Benton McNeil
|
|
| Docket Date |
2023-02-17
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
Benton McNeil
|
|
| Docket Date |
2023-02-16
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
ORD-Allowing Attachment to Record ~ ORDERED that appellee’s February 15, 2023 motion to supplement the record is granted, and the record is supplemented to include the Admissions of the Appellant under Florida Rule of Civil Procedure 1.370. Said supplemental record is deemed filed as of the date of this order.
|
|
| Docket Date |
2023-02-16
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ **MOTION GRANTED**
|
| On Behalf Of |
Central Palm Beach Surgery Center Ltd.
|
|
| Docket Date |
2023-02-15
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
Central Palm Beach Surgery Center Ltd.
|
|
| Docket Date |
2023-01-24
|
| Type |
Order
|
| Subtype |
Order on Motion To Strike
|
| Description |
Deny Motion to Strike ~ Upon consideration of appellant’s January 17, 2023 response, it is ORDERED that appellee’s January 9, 2023 motion to strike is denied. See Woodson v. State, 100 So. 3d 222, 223 (Fla. 3d DCA 2012).
|
|
| Docket Date |
2023-01-17
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO APPELLEE'S MOTION TO STRIKE AMENDED INITIAL BRIEF AND TO DISMISS APPEAL
|
| On Behalf Of |
Benton McNeil
|
|
| Docket Date |
2023-01-09
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Central Palm Beach Surgery Center Ltd.
|
|
| Docket Date |
2023-01-09
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike
|
| On Behalf Of |
Central Palm Beach Surgery Center Ltd.
|
|
| Docket Date |
2022-12-27
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Appellant's Initial Brief
|
| On Behalf Of |
Benton McNeil
|
|
| Docket Date |
2022-12-27
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ Upon consideration of appellee's December 9, 2022 response, it is ORDERED that appellant's December 8, 2022 motion for extension of time is granted, and appellant shall serve the initial brief within thirty (30) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above–styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2022-12-09
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR EXTENSION
|
| On Behalf Of |
Central Palm Beach Surgery Center Ltd.
|
|
| Docket Date |
2022-12-08
|
| 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 |
Benton McNeil
|
|
| Docket Date |
2022-12-05
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 47 PAGES
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2023-08-04
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2023-07-27
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken as Unauthorized ~ ORDERED sua sponte that appellant's July 24, 2023 reply to response is stricken as unauthorized.
|
|
| Docket Date |
2023-07-24
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Response ~ **STRICKEN AS UNAUTHORIZED**
|
| On Behalf Of |
Benton McNeil
|
|
| Docket Date |
2023-07-19
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-Denying Rehearing ~ ORDERED that appellant's July 10, 2023 motion for rehearing is denied.
|
|
| Docket Date |
2023-07-19
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-07-13
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR REHEARING
|
| On Behalf Of |
Central Palm Beach Surgery Center Ltd.
|
|
| Docket Date |
2023-07-10
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO MOTION FOR REHEARING
|
| On Behalf Of |
Benton McNeil
|
|
| Docket Date |
2023-07-10
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing
|
| On Behalf Of |
Benton McNeil
|
|
| Docket Date |
2023-06-29
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney Fees-Unconditionally ~ ORDERED that appellee’s January 9, 2023 motion for 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. Further,ORDERED that the motion for costs contained within the motion referenced above is denied without prejudice to seek costs in the trial court.
|
|
| Docket Date |
2023-06-29
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2023-03-03
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Deny Miscellaneous Motion ~ Upon consideration of appellee's February 24, 2023 response, it is ORDERED that appellant's February 23, 2023 "notice to the court and motion to deny appellee's right to participate in appeal" is denied. Fla. R. App. P. 9.300(b).
|
|
| Docket Date |
2023-02-24
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Central Palm Beach Surgery Center Ltd.
|
|
| Docket Date |
2022-12-02
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Order Granting Motion to Supplement the Record ~ Upon consideration of appellee’s November 7, 2022 response, it is ORDERED that appellant’s October 31, 2022 motion for clarification is denied. Further, ORDERED that appellee’s November 7, 2022 request to supplement the record, contained within the response to appellant’s motion for clarification, is granted. The material requested in the motion shall be included in the record on appeal. The clerk of the lower tribunal shall prepare and file the supplemental material in this court within ten (10) days from the date of this order. Appellee shall monitor the supplementation process. Further, upon consideration of appellant’s November 14, 2022 response, it is ORDERED that appellee’s October 12, 2022 motion to strike is granted. Appellant’s initial brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.210 in that it contains no citations to the record, no page number cites in the table of authorities, no summary of the argument, and no certificate of compliance for a computer-generated brief. An amended brief in compliance with the rules shall be filed within ten (10) days from the date of filing of the supplemental record. The time for any responsive briefing shall be tolled until service of this amended brief. Further, ORDERED that appellee's November 7, 2022 motion for extension of time is granted, and appellee shall serve the answer brief within thirty (30) days from the date of service of the amended initial brief. 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. Further, ORDERED that appellee's October 12, 2022 motion to stay is denied as moot.
|
|
| Docket Date |
2022-11-30
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing
|
| On Behalf Of |
Central Palm Beach Surgery Center Ltd.
|
|
| Docket Date |
2022-11-14
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION TO STRIKE
|
| On Behalf Of |
Benton McNeil
|
|
| Docket Date |
2022-11-07
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR CLARIFICATION
|
| On Behalf Of |
Central Palm Beach Surgery Center Ltd.
|
|
| Docket Date |
2022-11-07
|
| 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 |
Central Palm Beach Surgery Center Ltd.
|
|
| Docket Date |
2022-11-04
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellant to File Response ~ ORDERED that appellant is directed to respond, within ten (10) days from the date of this order, to appellee’s October 12, 2022 motion to strike.
|
|
| Docket Date |
2022-11-03
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellee to File Response ~ ORDERED that appellee is directed to respond, within fifteen (15) days from the date of this order, to appellant’s October 31, 2022 motion for clarification.
|
|
| Docket Date |
2022-11-02
|
| Type |
Notice
|
| Subtype |
Notice of Change of Address
|
| Description |
Notice of Change of Address
|
| On Behalf Of |
Benton McNeil
|
|
| Docket Date |
2022-11-02
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 196 PAGES
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2022-10-31
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Clarification
|
| Description |
Motion For Clarification
|
| On Behalf Of |
Benton McNeil
|
|
| Docket Date |
2022-10-12
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellee's October 11, 2022 motion to strike is stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that it is a computer-generated document which does not comply with the font requirements set forth in Rule 9.045(b). See Fla. R. App. P. 9.045(b) (“Computer-generated documents shall be filed in either Arial 14-point font or Bookman Old Style 14-point font.”). An amended document in compliance with Rule 9.045 shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2022-10-12
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay
|
| On Behalf Of |
Central Palm Beach Surgery Center Ltd.
|
|
| Docket Date |
2022-10-11
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike ~ **STRICKEN**
|
| On Behalf Of |
Central Palm Beach Surgery Center Ltd.
|
|
| Docket Date |
2022-10-07
|
| Type |
Misc. Events
|
| Subtype |
Determination of Indigency/LT Order Insolvency
|
| Description |
Determination of Indigent Status
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2022-10-07
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits ~ ***STRICKEN***
|
| On Behalf Of |
Benton McNeil
|
|
| Docket Date |
2022-09-21
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee - pro se 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, 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 the entry 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.If appellant has already been found indigent for purposes of proceedings in the lower tribunal, in this case, appellant shall file a copy of that order in this court. If appellant does not have an order or a determination of indigent status and believes that he or she is insolvent, appellant shall complete the enclosed application and mail to the clerk of the lower tribunal within fifteen (15) days from the date of this order. A Notice of Compliance that you have applied for indigent status, must also be filed with this court. The clerk of the lower tribunal shall forward the Clerk's Determination to this court within ten (10) days of receipt. Failure of appellant to comply with this order will result in the dismissal of this appeal.**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 |
2022-09-21
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Benton McNeil
|
|
| Docket Date |
2022-09-21
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
WV:Waived
|
|
| Docket Date |
2022-09-21
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
