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John Dwyer, Timothy F. Nicholson, Briar Hill, Inc., and Alan J. Zuccari, Petitioner(s) v. The Estate of William Keen by and through Elizabeth Keen, Executor De Son Tort, and Auburndale Oaks Care And Rehabilitation Center, LLC, Respondent(s).
|
2D2024-1508
|
2024-07-02
|
Open
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Sixth Judicial Circuit, Pinellas County
19-CA-007615
|
Parties
| Name |
John Dwyer
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Kenneth Nolan Johnson
|
|
| Name |
Timothy F. Nicholson
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Kenneth Nolan Johnson
|
|
| Name |
BRIAR HILL, INC.
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Kenneth Nolan Johnson
|
|
| Name |
ALAN J. ZUCCARI, INC.
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Donna Jo Fudge
|
|
| Name |
Estate of William Keen
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Lisa Mary Tanaka
|
|
| Name |
Elizabeth Keen
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
James Lewis Wilkes, II
|
|
| Name |
AUBURNDALE OAKS CARE AND REHABILITATION CENTER, LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Mark Brian Hartig, Kyleen Ann Hinkle
|
|
| Name |
Hon. Thomas M. Ramsberger
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Pinellas Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-07-02
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Pay Case Filing Fee-300
|
| On Behalf Of |
John Dwyer
|
| View |
View File
|
|
| Docket Date |
2024-11-04
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE TO PETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
Estate of William Keen
|
|
| Docket Date |
2024-10-22
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Respondent's motion for extension of time to serve the response is granted. The response shall be served by November 4, 2024. However, further requests for extension of time are unlikely to receive favorable consideration.
|
| View |
View File
|
|
| Docket Date |
2024-09-30
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
PETITIONERS' RESPONSE TO MOTION FOR EXTENSION OF TIME TO RESPOND TO PETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
John Dwyer
|
| View |
View File
|
|
| Docket Date |
2024-09-25
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
| On Behalf Of |
Estate of William Keen
|
|
| Docket Date |
2024-09-23
|
| Type |
Record
|
| Subtype |
Exhibits
|
| Description |
Exhibits to Status Report
|
| On Behalf Of |
John Dwyer
|
|
| Docket Date |
2024-09-23
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
John Dwyer
|
|
| Docket Date |
2024-09-18
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
Respondent's motion to dismiss the petition for writ of certiorari for lack of jurisdiction is denied. Petitioner Alan J. Zuccari's motion for extension of time to respond to the motion to dismiss is denied as moot. Respondent shall file the response within 15 days of the date of this order.
|
| View |
View File
|
|
| Docket Date |
2024-08-20
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
PETITIONER ALAN J. ZUCCARI'S MOTION FOR EXTENSION OF TIME TO RESPOND TO RESPONDENTS' MOTION TO DISMISS THE PETITION
FOR WRIT OF CERTIORARI FOR LACK OF JURISDICTION
|
| On Behalf Of |
Alan J. Zuccari
|
|
| Docket Date |
2024-08-19
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE TO MOTION TO DISMISS THE PETITION FOR WRIT
OF CERTIORARI
|
| On Behalf Of |
John Dwyer
|
|
| Docket Date |
2024-08-02
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
Petitioners shall respond to Respondent's motion to dismiss within 15 days of the date of this order.
|
| View |
View File
|
|
| Docket Date |
2024-08-01
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
Estate of William Keen
|
|
| Docket Date |
2024-07-08
|
| Type |
Order
|
| Subtype |
Order Changing Case Style
|
| Description |
Pursuant to the July 3, 2024, notice of joinder filed by Alan J. Zuccari, the case style is amended as shown above.
|
| View |
View File
|
|
| Docket Date |
2024-07-05
|
| Type |
Notice
|
| Subtype |
Joinder
|
| Description |
Notice of Joinder ALAN J. ZUCCARI, Respondent, elects to realign as a Petitioner in this action - FEE OF $295 ATTACHED TO FILING
|
| On Behalf Of |
Alan J. Zuccari
|
| View |
View File
|
|
| Docket Date |
2024-07-03
|
| Type |
Event
|
| Subtype |
Joinder Fee Paid
|
| Description |
Joinder Fee Paid
|
|
| Docket Date |
2024-07-02
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-07-02
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Related Case or Issue
|
| On Behalf Of |
John Dwyer
|
|
| Docket Date |
2024-07-02
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
| On Behalf Of |
John Dwyer
|
|
| Docket Date |
2024-07-02
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition Certiorari
|
| On Behalf Of |
John Dwyer
|
|
| Docket Date |
2024-12-19
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE TO MOTION FOR APPELLATE ATTORNEY'S FEES
|
| On Behalf Of |
Estate of William Keen
|
|
| Docket Date |
2024-12-05
|
| Type |
Response
|
| Subtype |
Reply
|
| Description |
Reply to RESPONSE
|
| On Behalf Of |
John Dwyer
|
|
| Docket Date |
2024-11-26
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
STATUS REPORT CONCERNING TRIAL COURT PROCEEDINGS
|
| On Behalf Of |
John Dwyer
|
|
| Docket Date |
2024-12-05
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
John Dwyer
|
|
| Docket Date |
2024-07-02
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
This petition has been filed without a filing fee required by section 35.22(2)(a), Florida Statutes.
Counsel for Petitioner shall forward the required $300.00 filing fee or, if applicable, an affidavit of insolvency in conformity with the requirements of chapter 57, Florida Statutes, to this court within twenty days from the date of this order.
If this court does not receive either of the above within the prescribed time, this petition may be subject to dismissal without further notice.
|
| View |
View File
|
|
|
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BETHAMY LIVING CENTER LIMITED PARTNERSHIP, JOHN DWYER, TIMOTHY F. NICHOLSON AND ALAN J. ZUCCARI, Petitioner(s) v. THE ESTATE OF JUSTINA MARIE TATUM, CARISSA MARIE TATUM, AS PERSONAL REPRESENTATIVE, JOSEPH SCHWARTZ, CLEARWATER CARE AND REHABILITATION CENTER, L L C, Respondent(s).
|
2D2024-0999
|
2024-04-30
|
Open
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Sixth Judicial Circuit, Pinellas County
19-CA-1211
|
Parties
| Name |
BETHAMY LIVING CENTER LIMITED PARTNERSHIP
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Kenneth Nolan Johnson
|
|
| Name |
JOHN DWYER
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Kenneth Nolan Johnson
|
|
| Name |
TIMOTHY F. NICHOLSON
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Kenneth Nolan Johnson
|
|
| Name |
ALAN J. ZUCCARI, INC.
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Donna Jo Fudge, Steven Samuel Weinshel
|
|
| Name |
THE ESTATE OF JUSTINA MARIE TATUM
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
CARISSA MARIE TATUM
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
James Lewis Wilkes, II, Lisa Mary Tanaka
|
|
| Name |
JOSEPH SCHWARTZ, LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Mark Brian Hartig, Kyleen Ann Hinkle
|
|
| Name |
CLEARWATER CARE AND REHABILITATION CENTER, L L C
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Mark Brian Hartig, Kyleen Ann Hinkle
|
|
| Name |
Hon. Amy M. Williams
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Pinellas Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-10-30
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE TO PETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
CARISSA MARIE TATUM
|
|
| Docket Date |
2024-09-30
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
PETITIONERS' RESPONSE TO MOTION FOR EXTENSION OF TIME TO RESPOND TO PETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
BETHAMY LIVING CENTER LIMITED PARTNERSHIP
|
| View |
View File
|
|
| Docket Date |
2024-09-25
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
MOTION FOR EXTENSION OF TIME TO RESPOND TO PETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
CARISSA MARIE TATUM
|
|
| Docket Date |
2024-08-01
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONDENT'S RESPONSE IN OPPOSITION TO PETITIONERS' MOTION TO FILE AN AMENDED PETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
CARISSA MARIE TATUM
|
|
| Docket Date |
2024-07-23
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
PETITIONERS' RESPONSE TO MOTION TO DISMISS OR STRIKE
|
| On Behalf Of |
JOHN DWYER
|
|
| Docket Date |
2024-07-23
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
| On Behalf Of |
ALAN J. ZUCCARI
|
|
| Docket Date |
2024-07-18
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to Amend Brief
|
| Description |
Motion to Amend Brief - PETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
BETHAMY LIVING CENTER LIMITED PARTNERSHIP
|
|
| Docket Date |
2024-07-08
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
Petitioners shall respond to Respondent's motion to dismiss or strike within 15 days of the date of this order.
|
| View |
View File
|
|
| Docket Date |
2024-07-03
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
RESPONDENT'S MOTION TO DISMISS OR STRIKE THE PETITION FOR WRIT OF CERTIORARI FOR LACK OF JURISDICTION AS TO THE DENIAL OF THE SECOND MOTION TO DISMISS
|
| On Behalf Of |
CARISSA MARIE TATUM
|
|
| Docket Date |
2024-06-06
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Respondent's motion for extension of time to serve the response is granted. The response shall be served by July 5, 2024.
|
| View |
View File
|
|
| Docket Date |
2024-06-04
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
UNOPPOSED MOTION FOR EXTENSION OF TIME
TO RESPOND TO PETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
CARISSA MARIE TATUM
|
|
| Docket Date |
2024-05-08
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Notice Joinder Fee-295
|
| Description |
Notice Joinder Fee - notice of joinder for realignment
|
| On Behalf Of |
ALAN J. ZUCCARI
|
|
| Docket Date |
2024-05-06
|
| Type |
Order
|
| Subtype |
Order on Petition
|
| Description |
Respondent shall serve a response to the Petition for Writ of Certiorari within thirty days from the date of this order. Petitioner may serve a reply within thirty days thereafter.
The parties shall keep this court apprised of all hearings or trial dates that may affect this proceeding.
|
| View |
View File
|
|
| Docket Date |
2024-04-30
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Pay Case Filing Fee-300
|
| View |
View File
|
|
| Docket Date |
2024-04-30
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
This petition has been filed without a filing fee required by section 35.22(2)(a), Florida Statutes.
Counsel for Petitioner shall forward the required $300.00 filing fee or, if applicable, an affidavit of insolvency in conformity with the requirements of chapter 57, Florida Statutes, to this court within twenty days from the date of this order.
If this court does not receive either of the above within the prescribed time, this petition may be subject to dismissal without further notice.
|
| View |
View File
|
|
| Docket Date |
2024-04-30
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-04-30
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
APPENDIX TO PETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
BETHAMY LIVING CENTER LIMITED PARTNERSHIP
|
|
| Docket Date |
2024-04-30
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition Certiorari
|
| On Behalf Of |
BETHAMY LIVING CENTER LIMITED PARTNERSHIP
|
|
| Docket Date |
2024-12-16
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE TO MOTION FOR APPELLATE ATTORNEY'S FEES
|
| On Behalf Of |
CARISSA MARIE TATUM
|
|
| Docket Date |
2024-12-03
|
| Type |
Response
|
| Subtype |
Reply
|
| Description |
REPLY TO RESPONSE TO PETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
BETHAMY LIVING CENTER LIMITED PARTNERSHIP
|
|
| Docket Date |
2024-12-03
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
BETHAMY LIVING CENTER LIMITED PARTNERSHIP
|
|
| Docket Date |
2024-10-22
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Respondent's motion for extension of time to serve the response is granted. The response shall be served by October 30, 2024. However, further requests for extension of time are unlikely to receive favorable consideration.
|
| View |
View File
|
|
| Docket Date |
2024-09-13
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Respondent's motion to dismiss or strike the petition is denied. Petitioners' motion to amend the petition for writ of certiorari is denied. Petitioner Alan J. Zuccari's motion for extension of time to respond to the motion to dismiss is denied as moot. Respondent shall serve the response to the petition for writ of certiorari within 15 days of the date of this order.
|
| View |
View File
|
|
|
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INTEGRATED HEALTH SERVICES AT CENTRAL FLORIDA, INC., ET AL., Appellant(s) v. THE ESTATE OF CAROL DESANTIS, ET AL., Appellee(s).
|
2D2024-0660
|
2024-03-19
|
Open
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Sixth Judicial Circuit, Pinellas County
2019-CA-7616
|
Parties
| Name |
INTEGRATED HEALTH SERVICES AT CENTRAL FLORIDA, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Kenneth Nolan Johnson
|
|
| Name |
LYRIC HEALTH CARE HOLDINGS I I I, L L C
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
LYRIC HEALTH CARE, L L C
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
LYRIC HC OPERATIONS ACQUISITION, L L C
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
CAPITAL FUNDING GROUP, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
RIDGE CREST HEALTH CARE, L L C
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
ADDIT, L L C
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
S L C PROFESSIONALS HOLDINGS, L LC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
JOHN DWYER
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
TIMOTHY F. NICHOLSON
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
703 SOUTH 29TH ST S P E, L L C
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Thomas William Caufman, Leanne Davis Hoskins
|
|
| Name |
MONTANI INVESTORS, L L C
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Steven Samuel Weinshel, Donna Jo Fudge
|
|
| Name |
FELIX DESANTIS
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SKYLINE HEALTHCARE, L L C
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SKYLINE MANAGEMENT GROUP, L L C
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SUN ISLAND CAPITAL, L L C
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SUN ISLAND HEALTHCARE, L L C
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
JOSEPH SCHWARTZ, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CLEARWATER CARE AND REHABILITATION CENTER, L L C
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
LAUREL POINT CARE AND REHABILITATION CENTER, L L C
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
WEST JACKSONVILLE CARE AND REHABILITATION, L L C
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ATLANTIC CARE AND REHABILITATION CENTER, L L C
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
AUBURNDALE OAKS CARE AND REHABILITATION CENTER, L L C
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
LAUREL POINT HOLDING, L L C
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
F C LENDING-SUNSHINE, L L C
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PACIFIC WESTERN BANK CORPORATION
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ALAN J. ZUCCARI, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SABRA HEALTH CARE HOLDINGS I I I, L L C
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SABRA HEALTH CARE LIMITED PARTNERSHIP
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SABRA HEALTH CARE, L L C
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SABRA HEALTH CARE REIT, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Amy M. Williams
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Pinellas Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
S L C PROFESSIONALS CHAI, L L C
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
THE ESTATE OF CAROL DESANTIS
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
James K. Purdy, James Lewis Wilkes, II, Lisa Mary Tanaka
|
|
Docket Entries
| Docket Date |
2024-09-25
|
| Type |
Brief
|
| Subtype |
Amended Reply Brief
|
| Description |
Amended Reply Brief
|
| On Behalf Of |
INTEGRATED HEALTH SERVICES AT CENTRAL FLORIDA, INC.
|
| View |
View File
|
|
| Docket Date |
2024-08-26
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
APPELLEE'S RESPONSE IN OPPOSITION TO APPELLANTS' MOTION TO AMEND REPLY BRIEF
|
| On Behalf Of |
THE ESTATE OF CAROL DESANTIS
|
|
| Docket Date |
2024-08-19
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
APPELLANTS' RESPONSE TO MOTION TO STRIKE PORTION OF REPLY BRIEF
|
| On Behalf Of |
INTEGRATED HEALTH SERVICES AT CENTRAL FLORIDA, INC.
|
|
| Docket Date |
2024-08-19
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to Amend Brief
|
| Description |
APPELLANTS' MOTION FOR LEAVE TO FILE AN AMENDED
REPLY BRIEF
|
| On Behalf Of |
INTEGRATED HEALTH SERVICES AT CENTRAL FLORIDA, INC.
|
|
| Docket Date |
2024-08-06
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
Appellant shall respond to Appellee's motion to strike within 15 days of the date of this order.
|
| View |
View File
|
|
| Docket Date |
2024-08-05
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
APPELLEE'S MOTION TO STRIKE PORTION OF REPLY BRIEF
|
| On Behalf Of |
THE ESTATE OF CAROL DESANTIS
|
|
| Docket Date |
2024-07-24
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Reply Brief
|
| On Behalf Of |
INTEGRATED HEALTH SERVICES AT CENTRAL FLORIDA, INC.
|
| View |
View File
|
|
| Docket Date |
2024-07-10
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Appellants' motion for extension of time is granted, and the reply brief shall be served by July 24, 2024.
|
| View |
View File
|
|
| Docket Date |
2024-07-09
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Motion for Extension of Time to Serve Reply Brief
|
| On Behalf Of |
INTEGRATED HEALTH SERVICES AT CENTRAL FLORIDA, INC.
|
|
| Docket Date |
2024-06-11
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Answer Brief
|
| On Behalf Of |
THE ESTATE OF CAROL DESANTIS
|
| View |
View File
|
|
| Docket Date |
2024-05-23
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Appellants "Request for Authorization from the Court to Permit the Filing of a Condensed Transcript in the Appendix" is granted, and the "Appendix to Initial Brief" is accepted as filed.
|
| View |
View File
|
|
| Docket Date |
2024-05-16
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Appellee's motion for extension of time is granted, and the answer brief shall be served by June 10, 2024.
|
| View |
View File
|
|
| Docket Date |
2024-05-14
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal
|
| On Behalf Of |
INTEGRATED HEALTH SERVICES AT CENTRAL FLORIDA, INC.
|
|
| Docket Date |
2024-05-07
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Motion for Extension of Time to Serve Answer Brief
|
| On Behalf Of |
THE ESTATE OF CAROL DESANTIS
|
|
| Docket Date |
2024-04-09
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ REQUEST FOR AUTHORIZATION FROM THE COURT TOPERMIT THE FILING OF A CONDENSED TRANSCRIPT IN THEAPPENDIX
|
| On Behalf Of |
INTEGRATED HEALTH SERVICES AT CENTRAL FLORIDA, INC.
|
|
| Docket Date |
2024-04-09
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
INTEGRATED HEALTH SERVICES AT CENTRAL FLORIDA, INC.
|
|
| Docket Date |
2024-04-09
|
| Type |
Record
|
| Subtype |
Appendix to Initial Brief
|
| Description |
Appendix for Initial Brief
|
| On Behalf Of |
INTEGRATED HEALTH SERVICES AT CENTRAL FLORIDA, INC.
|
|
| Docket Date |
2024-04-09
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
INTEGRATED HEALTH SERVICES AT CENTRAL FLORIDA, INC.
|
|
| Docket Date |
2024-03-20
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid through Portal
|
| On Behalf Of |
INTEGRATED HEALTH SERVICES AT CENTRAL FLORIDA, INC.
|
|
| Docket Date |
2024-03-20
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2024-03-19
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2024-03-19
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ W/ORDER
|
| On Behalf Of |
INTEGRATED HEALTH SERVICES AT CENTRAL FLORIDA, INC.
|
|
| Docket Date |
2024-09-18
|
| Type |
Order
|
| Subtype |
Order on Motion For Leave To File Amended Brief
|
| Description |
Appellee's "motion to strike portion of reply brief" is granted only as to the reference to an alleged communication with former counsel. Appellee's motion to strike is otherwise denied.
Appellants' motion for leave to file an amended reply brief is granted to the extent that within 15 days of the date of this order, Appellants shall serve an amended reply brief which does not contain any reference to the alleged communication with former counsel. Appellants' reply brief served July 24, 2024, is stricken.
|
| View |
View File
|
|
| Docket Date |
2024-03-20
|
| Type |
Order
|
| Subtype |
Nonfinal Appeals
|
| Description |
nonfinal appeal order for initial brief ~ This proceeding is a nonfinal appeal, or an appeal of a specified final order, governed by Florida Rule of Appellate Procedure 9.130. The initial brief and appendix shall be served within twenty days of the date of this order. The appellee(s) shall serve the answer brief(s) within thirty days of service of the initial brief.
|
|
|
|
BEVERLY H. VIGNOCHI, TIA VIGNOCHI LAMBERT, Appellant(s) v. CAPITAL HEALTH GROUP MANAGEMENT, LLC, JONATHAN W. BRADFORD, ALAN J. ZUCCARI, BRENTWOOD SENIOR LIVING COMMUNITY, TIMOTHY NICHOLSON, WILLIAM E. KARNS, ST. PETERSBURG MANAGER, LLC, CAPITAL FUNDING GROUP, INC., JOHN DWYER, ST. PETERSBURG OPERATOR, LLC, MILESTONE RETIREMENT COMMUNITIES, L L C, ALAN D. PARRISH, SELAH BRENTWOOD, LLC, SELAH MANAGEMENT GROUP, LLC, AVI M. ELIAS, CHG MANAGEMENT ST. PETERSBURG, LLC, SELAH HOLDINGS, LLC, KENNETH ASSIRAN, WKRM DEVELOPMENT, LLC, WILLIAM T. FILLIPONE, ADDIT, LLC, BRENTWOOD SENIOR LIVING AT ST. PETE, SWANHOLM CENTRAL, L L C, Appellee(s).
|
2D2024-0535
|
2024-03-04
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Sixth Judicial Circuit, Pinellas County
2018CA-003702
|
Parties
| Name |
BEVERLY H. VIGNOCHI
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
LISA TANAKA, ESQ., JAMES K. PURDY, ESQ., LYDIA D. WARDELL, ESQ.
|
|
| Name |
TIA VIGNOCHI LAMBERT
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
CAPITAL HEALTH GROUP MANAGEMENT, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
JONATHAN W. BRADFORD
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
BRENTWOOD SENIOR LIVING COMMUNITY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
TIMOTHY NICHOLSON
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
WILLIAM E. KARNS
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ST. PETERSBURG MANAGER, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CAPITAL FUNDING GROUP, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
JOHN DWYER
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ST. PETERSBURG OPERATOR, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
MILESTONE RETIREMENT COMMUNITIES, L L C
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ALAN D. PARRISH
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SELAH - BRENTWOOD, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
MICHAEL VALVERDE, ESQ., MICHELLE M. KRONE, ESQ.
|
|
| Name |
SELAH MANAGEMENT GROUP, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
AVI M. ELIAS
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CHG MANAGEMENT ST. PETERSBURG, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SELAH HOLDINGS LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
KENNETH ASSIRAN
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
WKRM DEVELOPMENT, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
WILLIAM T. FILLIPONE
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ADDIT, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
LEANNE D. HOSKINS, ESQ., L. TATUM BROWN, ESQ.
|
|
| Name |
BRENTWOOD SENIOR LIVING AT ST. PETE
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SWANHOLM CENTRAL, L L C
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
GAIL F. MOULDS, ESQ.
|
|
| Name |
HON. THOMAS M. RAMSBERGER
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
PINELLAS CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
ALAN J. ZUCCARI, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
KEITH M. HOFFMAN, ESQ., DONNA J. FUDGE, ESQ., JOAN C. FOY, ESQ., CARYN L. BELLUS, ESQ.
|
|
Docket Entries
| Docket Date |
2024-05-29
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Pursuant to the notice of voluntary dismissal, this appeal is
dismissed.
|
| On Behalf Of |
BEVERLY H. VIGNOCHI
|
|
| Docket Date |
2024-04-17
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
MOTION EOT TO COMPLY WITH THIS COURT'S MARCH 11, 2024 ORDER
|
| On Behalf Of |
BEVERLY H. VIGNOCHI
|
|
| Docket Date |
2024-04-12
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant EOT (general)-74c ~ Appellant's motion for an extension of time is denied without prejudice to refile amotion within five days that demonstrates compliance with Florida Rule of AppellateProcedure 9.300(a) with respect to consultation with opposing counsel. The order toshow cause remains pending.
|
|
| Docket Date |
2024-04-01
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ TO COMPLY WITH THIS COURT'S MARCH 11, 2024 ORDER
|
| On Behalf Of |
BEVERLY H. VIGNOCHI
|
|
| Docket Date |
2024-03-08
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ ORDERS
|
| On Behalf Of |
BEVERLY H. VIGNOCHI
|
|
| Docket Date |
2024-03-05
|
| Type |
Order
|
| Subtype |
Show Cause Jurisdiction
|
| Description |
rehearing not appealable ~ In the notice of appeal, Appellant refers to an order denying rehearing and attaches it to the notice. Orders denying rehearing are not independently appealable. They do, however, if authorized and timely filed, toll rendition of an otherwise appealable order. Appellant shall submit a copy of the order for which review is sought within ten days, failing which this appeal may be dismissed for lack of jurisdiction.
|
|
| Docket Date |
2024-03-05
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2024-03-04
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2024-03-04
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ W/ORDER
|
| On Behalf Of |
BEVERLY H. VIGNOCHI
|
|
| Docket Date |
2024-06-04
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Pursuant to the notice of voluntary dismissal, this appeal is dismissed.
|
| View |
View File
|
|
| Docket Date |
2024-04-29
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Appellant's motion for extension of time is granted. Jurisdiction is
relinquished, to the extent necessary, for an additional thirty days.
|
| View |
View File
|
|
| Docket Date |
2024-03-11
|
| Type |
Order
|
| Subtype |
Show Cause Jurisdiction
|
| Description |
OSC/Better Gov't Assn (motion to dismiss) ~ Appellant shall show cause within twenty days why this appeal should not be dismissed for lack of jurisdiction. See Hayward & Assocs., Inc. v. Hoffman, 793 So. 2d 89, 91 (Fla. 2d DCA 2001) ("[I]t is well-established that an order that merely grants a motion to dismiss, as contrasted with an order dismissing a complaint or an action, is not a final order."); Better Gov't Ass'n of Sarasota Cnty. v. State, 802 So. 2d 414, 415 n.3 (Fla. 2d DCA 2001). Jurisdiction is relinquished to the extent necessary to allow the trial court to enter an appealable, final order. Should appellant provide this court with such an appealable, final order within twenty days, this premature appeal will be mature and will proceed to consideration. See Fla. R. App. P. 9.110(l) (stating that if a notice of appeal is prematurely filed before rendition of a final order, "the lower tribunal retains jurisdiction to render a final order"). If Appellant fails to present an appealable order within that time frame or persuade this court that the existing order is appealable, this appeal will be subject to dismissal without further notice.
|
|
|
|
NEW PORT RICHEY OPERATING, LLC., ET AL., VS THE ESTATE OF ANGELINE L. MAROTTA, BY AND THROUGH ANDREA M. RHODES, PERSONAL REPRESENTATIVE
|
2D2023-1296
|
2023-06-19
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Sixth Judicial Circuit, Pasco County
15-CA-2701
|
Parties
| Name |
ADDIT, LLC
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
NEW PORT RICHEY HOLDINGS, LLC
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
MILESTONE RETIREMENT COMMUNITIES, LLC
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
ALAN J. ZUCCARI, INC.
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
CAPITAL FUNDING GROUP, INC.
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
JOHN W. DWYER
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
CHG MANAGEMENT NEW PORT RICHEY, LLC
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
CAPITAL HEALTH GROUP MANAGEMENT, LLC
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
NEW PORT RICHEY OPERATING, LLC
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
L. TATUM BROWN, ESQ., LEANNE D. HOSKINS, ESQ., THOMAS A. VALDEZ, ESQ.
|
|
| Name |
BETHANY ANN PORTER
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
CAPITAL HEALTH GROUP. LLC
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
BILL ROSE
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
THE ESTATE OF ANGELINE L. MAROTTA
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
LYDIA D. WARDELL, ESQ., DAVID R. WRIGHT, ESQ., LISA TANAKA, ESQ., KEVIN P. MC COY, ESQ.
|
|
| Name |
ANDREA MAROTTA RHODES
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
PASCO CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-11-03
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2023-11-03
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed ~ **VOLUNTARY DISMISSAL**
|
|
| Docket Date |
2023-11-02
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
NEW PORT RICHEY OPERATING, LLC
|
|
| Docket Date |
2023-10-02
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Reply to Response
|
| Description |
grant eot for cert reply ~ Petitioner's motion for extension of time to serve the reply is granted. The replyshall be served within 30 days.
|
|
| Docket Date |
2023-09-29
|
| Type |
Motions Extensions
|
| Subtype |
Motion Extension of Time To Reply To Response
|
| Description |
Motion Extension of TimeTo Reply To Response
|
| On Behalf Of |
NEW PORT RICHEY OPERATING, LLC
|
|
| Docket Date |
2023-08-28
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Reply to Response
|
| Description |
grant eot for cert reply ~ Petitioner's motion for extension of time to serve the reply is granted. The replyshall be served within 30 days.
|
|
| Docket Date |
2023-08-25
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ STYLED IN LT NOTICE OF SETTLEMENT
|
| On Behalf Of |
THE ESTATE OF ANGELINE L. MAROTTA
|
|
| Docket Date |
2023-08-25
|
| Type |
Motions Extensions
|
| Subtype |
Motion Extension of Time To Reply To Response
|
| Description |
Motion Extension of TimeTo Reply To Response
|
| On Behalf Of |
NEW PORT RICHEY OPERATING, LLC
|
|
| Docket Date |
2023-07-25
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
APPENDICES /ATTACHMENTS TO RESPONSE ~ APPENDIX TO RESPONDENT'S RESPONSE TO PETITION FORWRIT OF CERTIORARI
|
| On Behalf Of |
THE ESTATE OF ANGELINE L. MAROTTA
|
|
| Docket Date |
2023-07-25
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE TO PETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
THE ESTATE OF ANGELINE L. MAROTTA
|
|
| Docket Date |
2023-07-10
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
grant eot for cert response ~ Respondent's motion for extension of time to serve the response is granted. Theresponse shall be served by September 5, 2023.
|
|
| Docket Date |
2023-07-06
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
| On Behalf Of |
THE ESTATE OF ANGELINE L. MAROTTA
|
|
| Docket Date |
2023-06-21
|
| Type |
Order
|
| Subtype |
Order to Respond to Petition
|
| Description |
certiorari response - pretrial ~ Respondent shall serve a response to the petition for writ of certiorari within 30days. Petitioner may serve a reply within 30 days thereafter.The parties shall keep this court apprised of all hearings or trial dates that mayaffect this proceeding.
|
|
| Docket Date |
2023-06-20
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
ORIGINAL APPENDIX OR ATTACHMENT ~ APPENDIX TO PETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
NEW PORT RICHEY OPERATING, LLC
|
|
| Docket Date |
2023-06-19
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2023-06-19
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2023-06-19
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Filed
|
| On Behalf Of |
NEW PORT RICHEY OPERATING, LLC
|
|
| Docket Date |
2023-11-03
|
| Type |
Order
|
| Subtype |
Order on Motion/Notice Voluntary Dismissal (non-dispositive)
|
| Description |
voluntary dismissal of writ ~ Petitioner's notice of voluntary dismissal is accepted and this petition for writ ofcertiorari is dismissed.
|
|
| Docket Date |
2023-06-20
|
| Type |
Order
|
| Subtype |
Order
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MISCELLANEOUS ORDER ~ Within 15 days of the date of this order, the petitioners shall supplement theirpetition with an appendix as prescribed by Florida Rule of Appellate Procedure 9.220.The appendix must contain a copy of the rendered order from which timely review issought in this court. Failure to comply with this order will subject this proceeding todismissal without further notice.
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