|
BENTON MCNEIL VS CENTRAL PALM BEACH SURGERY CENTER LTD.
|
4D2022-2575
|
2022-09-21
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502018CA015272
|
Parties
| Name |
Benton McNeil
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
CENTRAL PALM BEACH SURGERY CENTER LTD.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Steven L. Robbins
|
|
| Name |
Hon. Bradley Harper
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| 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.
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|
| 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.
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|
| 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.
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|
| 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.
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|
| 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
|
|
|
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CENTRAL PALM BEACH SURGERY CENTER, LTD a/a/o CHEVAS THOMPSON VS UNITED AUTOMOBILE INSURANCE COMPANY
|
4D2021-0409
|
2021-01-15
|
Closed
|
|
| Classification |
NOA Final - County Civil - PIP
|
| Court |
4th District Court of Appeal
|
| Originating Court |
County Court for the Seventeenth Judicial Circuit, Broward County
COWE17-014405
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE19025828
|
Parties
| Name |
CENTRAL PALM BEACH SURGERY CENTER LTD.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Gregory E. Gudin, Todd Landau, Samuel Korab
|
|
| Name |
Chevas Thompson
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
UNITED AUTOMOBILE INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Michael J. Neimand, Jennifer Mahadai
|
|
| Name |
Hon. Olga Gonzalez-Levine
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-01-21
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Related Case Order - Transfer ~ Upon consideration of the transfer of this case to this court from the circuit court, it is ORDERED that within ten (10) days from the date of this order, the parties shall: (1) ascertain whether there are any cases pending in this court, or any cases which are being transferred to this court from the circuit court, which are related to this case or raise same/similar issue(s); (2) if there are any related cases or cases which raise same/similar issue(s), file with this court a “Notice of Related Cases and/or Same or Similar Issues” which identifies those cases by district court and/or circuit court case number, states how those cases are related or contain same/similar issue(s) to this case, and addresses whether it would be appropriate for this court to consolidate those cases for all purposes or for purposes of assignment to the same panel; and (3) if there are no related cases or cases which raise same/similar issue(s), file a “Notice of Related Cases and/or Same or Similar Issues” which indicates that there are no related cases or cases with the same/similar issue(s).The parties may jointly file a single “Notice of Related Cases and/or Same or Similar Issues” in response to this order.
|
|
| Docket Date |
2021-07-30
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-07-30
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2021-07-08
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Deny Attorney's Fees ~ ORDERED that appellant’s August 17, 2020 motion for appellate attorneys’ fees and costs is denied.
|
|
| Docket Date |
2021-07-08
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2021-06-09
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
Central Palm Beach Surgery Center, LTD
|
|
| Docket Date |
2021-04-21
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
United Automobile Insurance Company
|
|
| Docket Date |
2021-02-01
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ NO RELATED CASES.
|
| On Behalf Of |
Central Palm Beach Surgery Center, LTD
|
|
| Docket Date |
2021-01-26
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
Central Palm Beach Surgery Center, LTD
|
|
| Docket Date |
2021-01-22
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar Case Pending
|
| On Behalf Of |
United Automobile Insurance Company
|
|
| Docket Date |
2021-01-20
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
United Automobile Insurance Company
|
|
| Docket Date |
2021-01-19
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2021-01-15
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NF:Not Required
|
|
| Docket Date |
2021-01-15
|
| Type |
Notice
|
| Subtype |
Appeal Transfer Cover Sheet
|
| Description |
Appeal Transfer Form
|
| On Behalf Of |
Central Palm Beach Surgery Center, LTD
|
|
| Docket Date |
2021-01-15
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records
|
|
|
|
CENTRAL PALM BEACH SURGERY CENTER, LTD. VS JOHN PAPA, D.C.
|
4D2019-3756
|
2019-12-10
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502019CA009729XXXX
|
Parties
| Name |
CENTRAL PALM BEACH SURGERY CENTER LTD.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Steven L. Robbins
|
|
| Name |
JOHN PAPA, D.C.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Craig A. Rubinstein
|
|
| Name |
Hon. Scott Ryan Kerner
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-07-02
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
CENTRAL PALM BEACH SURGERY CENTER, LTD.
|
|
| Docket Date |
2020-07-02
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2020-07-02
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the July 2, 2020 notice of voluntary dismissal, this case is dismissed.
|
|
| Docket Date |
2020-05-29
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF BANKRUPTCY STATUS
|
| On Behalf Of |
CENTRAL PALM BEACH SURGERY CENTER, LTD.
|
|
| Docket Date |
2020-03-04
|
| Type |
Order
|
| Subtype |
Order Bankruptcy
|
| Description |
ORD-Case Stayed Pending Bankruptcy ~ A suggestion of bankruptcy having been filed, and it appearing that no cause exists as to why the entire above-styled appeal should not be stayed by virtue of 11 U.S.C. § 362, it is ORDERED that:This appeal is stayed. If the bankruptcy case becomes closed, dismissed, or modified to permit this appeal to proceed, then appellant shall promptly, and in no event later than twenty (20) days after the event has occurred, notify this court in writing that this appeal may proceed.Unless this appeal is voluntarily dismissed, appellant, within ninety (90) days from the date of this order, and then every ninety (90) days thereafter, shall notify this court as to the status of the bankruptcy case.
|
|
| Docket Date |
2020-02-04
|
| Type |
Order
|
| Subtype |
Show Cause re Bankruptcy
|
| Description |
Order on Suggestion of Bankruptcy ~ A suggestion of bankruptcy having been filed, it is ORDERED that all parties shall show cause in writing, if any there be, within twenty (20) days from the date of this order, why the entire above-styled appeal should not be stayed by virtue of 11 U.S.C. § 362. If a party believes that no such cause exists, that party need not file a response.
|
|
| Docket Date |
2020-02-03
|
| Type |
Notice
|
| Subtype |
Suggestion of Bankruptcy
|
| Description |
Suggestion of Bankruptcy ~ AND MOTION TO STAY
|
| On Behalf Of |
CENTRAL PALM BEACH SURGERY CENTER, LTD.
|
|
| Docket Date |
2020-01-13
|
| 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 |
CENTRAL PALM BEACH SURGERY CENTER, LTD.
|
|
| Docket Date |
2019-12-24
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's December 23, 2019 motion for extension of time is granted, and appellant shall serve the initial brief within twenty (20) 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 |
2019-12-23
|
| 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 |
CENTRAL PALM BEACH SURGERY CENTER, LTD.
|
|
| Docket Date |
2019-12-23
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ *AMENDED*
|
|
| Docket Date |
2019-12-12
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2019-12-11
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2019-12-11
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
CENTRAL PALM BEACH SURGERY CENTER, LTD.
|
|
| Docket Date |
2019-12-10
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2019-12-10
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
CENTRAL PALM BEACH SURGERY CENTER, LTD.
|
|
| Docket Date |
2020-01-14
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's January 13, 2020 motion for extension of time is granted, and appellant shall serve the initial brief within twenty (20) 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 |
2019-12-11
|
| 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. 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.
|
|
|
|
CENTRAL PALM BEACH SURGERY CENTER, LTD. and CPBS MANAGEMENT, LLC VS JP THERAPY HOLDINGS, II, LLC
|
4D2019-0975
|
2019-04-04
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502016CA005583XXXXMB
|
Parties
| Name |
CENTRAL PALM BEACH SURGERY CENTER LTD.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Bennett S. Cohn
|
|
| Name |
CPBS MANAGEMENT LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
JP THERAPY HOLDINGS II, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Steven M. Katzman, Craig A. Rubinstein, Steven L. Robbins
|
|
| Name |
Hon. Meenu Sasser
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-04-17
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2020-04-17
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2020-03-26
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney Fees-Unconditionally ~ ORDERED that the appellee's September 20, 2019 motion for attorneys’ 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.
|
|
| Docket Date |
2020-03-26
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2020-03-04
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing
|
| On Behalf Of |
JP THERAPY HOLDINGS, II, LLC
|
|
| Docket Date |
2019-12-11
|
| 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 appellants' December 10, 2019 motion for extension of time is granted, and appellants shall serve the reply brief on or before December 20, 2019. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
|
| Docket Date |
2019-12-10
|
| 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 |
CENTRAL PALM BEACH SURGERY CENTER, LTD.
|
|
| Docket Date |
2019-11-27
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ **AMENDED** **MOTION GRANTED 11/27/19**
|
| On Behalf Of |
JP THERAPY HOLDINGS, II, LLC
|
|
| Docket Date |
2019-11-27
|
| Type |
Brief
|
| Subtype |
Amended Answer Brief
|
| Description |
Amended Appellee's Answer Brief ~ **MOTION GRANTED 11/27/19**
|
| On Behalf Of |
JP THERAPY HOLDINGS, II, LLC
|
|
| Docket Date |
2019-11-27
|
| Type |
Order
|
| Subtype |
Order on Motion For Leave To File Amended Brief
|
| Description |
Grant Motion Serve Amended Brief ~ ORDERED that appellee's November 4, 2019 motion to serve an amended answer brief and appendix thereto is granted. Said answer brief and appendix thereto are deemed filed as of the date of this order.
|
|
| Docket Date |
2019-11-04
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to Amend Brief
|
| Description |
Motion For Leave To File Amended Brief
|
| On Behalf Of |
JP THERAPY HOLDINGS, II, LLC
|
|
| Docket Date |
2019-10-29
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Deny Motion to Supplement Record ~ Upon consideration of appellants’ October 16, 2019 response, it is ORDERED that appellee’s September 16, 2019 motion to supplement record on appeal is denied.
|
|
| Docket Date |
2019-10-16
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION TO SUPPLEMENT
|
| On Behalf Of |
CENTRAL PALM BEACH SURGERY CENTER, LTD.
|
|
| Docket Date |
2019-10-08
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellant to File Response ~ ORDERED that appellants are directed to respond, within ten (10) days from the date of this order, to appellee’s September 16, 2019 motion to supplement record on appeal.
|
|
| Docket Date |
2019-09-20
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
JP THERAPY HOLDINGS, II, LLC
|
|
| Docket Date |
2019-09-20
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO MOTION FOR ATTORNEYS' FEES
|
| On Behalf Of |
JP THERAPY HOLDINGS, II, LLC
|
|
| Docket Date |
2019-09-20
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
JP THERAPY HOLDINGS, II, LLC
|
|
| Docket Date |
2019-09-16
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ ***MOTION DENIED 10/29/19***
|
| On Behalf Of |
JP THERAPY HOLDINGS, II, LLC
|
|
| Docket Date |
2019-09-16
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
JP THERAPY HOLDINGS, II, LLC
|
|
| Docket Date |
2019-09-05
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 14 DAYS TO 9/20/19
|
|
| Docket Date |
2019-09-05
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
JP THERAPY HOLDINGS, II, LLC
|
|
| Docket Date |
2019-08-07
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
CENTRAL PALM BEACH SURGERY CENTER, LTD.
|
|
| Docket Date |
2019-08-01
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ ORDERED that appellants in the above-styled case are directed to show cause in writing, if any there be, on or before August 12, 2019, why the above-styled case should not be dismissed for lack of timely prosecution, in that the appellants' 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.
|
|
| Docket Date |
2019-07-15
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants' July 11, 2019 motion for extension of time is granted, and appellants shall serve the initial brief on or before July 25, 2019. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2019-07-11
|
| 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 |
CENTRAL PALM BEACH SURGERY CENTER, LTD.
|
|
| Docket Date |
2019-06-13
|
| 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 |
CENTRAL PALM BEACH SURGERY CENTER, LTD.
|
|
| Docket Date |
2019-06-13
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants' June 13, 2019 motion for extension of time is granted, and appellants shall serve the initial brief on or before July 15, 2019. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2019-06-05
|
| Type |
Order
|
| Subtype |
Order on Motion For Review
|
| Description |
Order Denying Motion For Review ~ Upon consideration of appellees’ May 17, 2019 response in opposition, it is ORDERED that appellants’ May 14, 2019 motion to stay is treated as a motion for review and is denied.
|
|
| Docket Date |
2019-05-23
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken as Unauthorized ~ ORDERED sua sponte that the appellants' May 22, 2019 reply to response to motion for stay is stricken as unauthorized.
|
|
| Docket Date |
2019-05-22
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Response ~ ***STRICKEN AS UNAUTHORIZED 5/23/19***
|
| On Behalf Of |
CENTRAL PALM BEACH SURGERY CENTER, LTD.
|
|
| Docket Date |
2019-05-17
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
JP THERAPY HOLDINGS, II, LLC
|
|
| Docket Date |
2019-05-17
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR STAY PENDING APPEAL
|
| On Behalf Of |
JP THERAPY HOLDINGS, II, LLC
|
|
| Docket Date |
2019-05-16
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
JP THERAPY HOLDINGS, II, LLC
|
|
| Docket Date |
2019-05-15
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
JP THERAPY HOLDINGS, II, LLC
|
|
| Docket Date |
2019-05-14
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 919 PAGES
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2019-05-14
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay
|
| On Behalf Of |
CENTRAL PALM BEACH SURGERY CENTER, LTD.
|
|
| Docket Date |
2019-04-08
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2019-04-08
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2019-04-04
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2019-04-04
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
JP THERAPY HOLDINGS, II, LLC
|
|
|
|
JEFFREY KUGLER, M.D., et al. VS ANTHONY G. ROGERS, M.D., et al.
|
4D2017-0741
|
2017-03-13
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
2005CA009854XXXXMB
|
Parties
| Name |
JONATHAN CUTLER, D.P.M.
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
ROBERT SIMON, M.D.
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
JEFFREY KUGLER, M.D.
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Roger Levine, Louis M. Silber, Bennett S. Cohn, Amy D. Shield
|
|
| Name |
HELDO GOMEZ, M.D.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
GARY CARROLL
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
CENTRAL PALM BEACH SURGERY CENTER LTD.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
ANTHONY G. ROGERS, M.D. PLLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
CRAIG ALLEN PUGATCH, Stephen Joseph Padula, Sharon L. Urbanek
|
|
| Name |
2047 PALM BEACH LAKES PARTNERS, LLC
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Hon. Meenu Sasser
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2017-04-19
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2017-04-19
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORD-Granting Aplee's Motion to Dismiss ~ ORDERED that, having considered petitioner's April 3, 2017 response, the motion to dismiss is granted. This proceeding is dismissed as moot.WARNER, GROSS and TAYLOR, JJ., concur.
|
|
| Docket Date |
2017-04-03
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
ANTHONY G. ROGERS, M.D.
|
|
| Docket Date |
2017-04-03
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION TO DISMISS
|
| On Behalf Of |
JEFFREY KUGLER, M.D.
|
|
| Docket Date |
2017-03-29
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
JEFFREY KUGLER, M.D.
|
|
| Docket Date |
2017-03-28
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar Case Pending
|
| On Behalf Of |
JEFFREY KUGLER, M.D.
|
|
| Docket Date |
2017-03-14
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Writ of Certiorari / Acknowledgment letter
|
|
| Docket Date |
2017-03-13
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed
|
| On Behalf Of |
JEFFREY KUGLER, M.D.
|
|
| Docket Date |
2017-03-13
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2017-03-13
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
| On Behalf Of |
JEFFREY KUGLER, M.D.
|
|
|
