Docket Date |
2022-07-06
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2022-07-06
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2022-06-17
|
Type |
Order
|
Subtype |
Order
|
Description |
Miscellaneous Order ~ Appellant has filed a motion seeking an award of attorneys' fees and costs if it prevails in this appeal based on the fee provision contained in Addendum to Representative Agreement ("2004 Addendum"), which was subsequently incorporated in the 2013 Addendum. See § 59.46, Fla. Stat. (2020). Appellant's motion is provisionally granted, contingent upon Appellant prevailing in the proceedings below. If Appellant establishes its entitlement to appellate attorney's fees, the trial court shall determine the appropriate amount of the award. See Fla. R. App. P. 9.400(b). Appellee's motion for appellate attorney's fees is denied.
|
|
Docket Date |
2022-06-17
|
Type |
Disposition by Opinion
|
Subtype |
Reversed
|
Description |
Reversed - Authored Opinion ~ and remanded.
|
|
Docket Date |
2021-08-31
|
Type |
Misc. Events
|
Subtype |
Oral Argument Date Set
|
Description |
Oral Argument Date Set ~ Tampa
|
|
Docket Date |
2021-08-02
|
Type |
Notice
|
Subtype |
Notice of Filing
|
Description |
Notice of Filing ~ FINAL ORDER DISMISSING PRECISION ORTHOPEDICS, INC.'S AMENDED COMPLAINT WITH PREJUDICE
|
On Behalf Of |
PRECISION ORTHOPEDICS, INC.
|
|
Docket Date |
2021-07-23
|
Type |
Order
|
Subtype |
Order to Show Cause
|
Description |
ORD-TO SHOW CAUSE ~ Appellant shall show cause within twenty days why this appeal should not be dismissed for lack of jurisdiction. See Hayward & Associates, 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); Gries Inv. Co. v. Chelton, 388 So. 2d 1281, 1282 (Fla. 3d DCA 1980) ("We reject [appellant's] contention that the addition of the words 'with prejudice' makes the order final."). 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.
|
|
Docket Date |
2021-06-17
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ APPELLANT'S NOTICE OF DESIGNATION OF EMAIL ADDRESSES AND TELEPHONE NUMBER FOR ORAL ARGUMENT
|
On Behalf Of |
PRECISION ORTHOPEDICS, INC.
|
|
Docket Date |
2021-06-07
|
Type |
Order
|
Subtype |
Order Re: Video Oral Argument
|
Description |
OA Notice Video ~ This case is provisionally set for oral argument on TUESDAY, AUGUST 31, 2021, at 9:30 A.M., before: Judge Matthew C. Lucas, Judge Andrea T. Smith, Judge John K. Stargel. To mitigate the impact of the COVID-19 outbreak while continuing with the orderly processing of cases, the oral argument will be conducted by video conference. The court calendars can be viewed on this court’s website at www.2dca.org. Counsel or parties are requested to sign in by fifteen minutes prior to the time listed above.The panel is subject to change without notice. Should the assigned panel of judges decide that the court will not benefit from oral argument, the attorneys or parties will be notified by order no less than two weeks before the scheduled date. If this is a criminal proceeding where a victim, as defined in article I, section 16(e), Florida Constitution, has invoked their right to notice under article I, section 16(b)(6), the State is directed to provide the victim with notice of this oral argument and of any changes to the scheduled date.Please review the notice regarding oral argument in the Second District Court of Appeal. A copy has been furnished with this order and may also be found on this court’s website.Within ten days from the date of this order, any attorney or party who will be presenting argument is requested to provide the Clerk of the Court with the email address where the video invitation should be sent and a telephone number. This information may be sent by email to 2dcaClerk@flcourts.org. The Clerk of the Court will provide each participant with connection instructions, including the opportunity for a test session, before the argument.
|
|
Docket Date |
2021-05-03
|
Type |
Motions Other
|
Subtype |
Request for Emergency Treatment
|
Description |
Emergency Motion ~ APPELLEES' UNOPPOSED EMERGENCY MOTIONTO RESCHEDULE ORAL ARGUMENT
|
On Behalf Of |
ZIMMER US, INC.
|
|
Docket Date |
2021-05-03
|
Type |
Order
|
Subtype |
Order on Motion For Continuation of Oral Argument
|
Description |
ORD-GRANTING CONTINUANCE OF OA ~ Appellees’ motion filed May 3, 2021, for continuance of oral argument is granted. Oral argument scheduled for May 5, 2021, is canceled and will be rescheduled for a later date.
|
|
Docket Date |
2021-03-17
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ APPELLANT'S NOTICE OF DESIGNATION OF EMAIL ADDRESSES AND TELEPHONE NUMBER FOR ORAL ARGUMENT
|
On Behalf Of |
PRECISION ORTHOPEDICS, INC.
|
|
Docket Date |
2020-06-11
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ 30 - IB DUE 7/15/20
|
On Behalf Of |
PRECISION ORTHOPEDICS, INC.
|
|
Docket Date |
2020-05-12
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ 30 - IB DUE 6/15/20
|
On Behalf Of |
PRECISION ORTHOPEDICS, INC.
|
|
Docket Date |
2020-04-28
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ STEPHENS - 542 PAGES
|
|
Docket Date |
2020-03-16
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter 1 ~ AMENDED
|
|
Docket Date |
2020-03-13
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
PRECISION ORTHOPEDICS, INC.
|
|
Docket Date |
2020-03-13
|
Type |
Misc. Events
|
Subtype |
Certificate of Service
|
Description |
Certificate of Service
|
On Behalf Of |
PRECISION ORTHOPEDICS, INC.
|
|
Docket Date |
2020-03-12
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter 1
|
|
Docket Date |
2020-03-12
|
Type |
Order
|
Subtype |
Certificate of Service
|
Description |
c of s; mailing addresses
|
|
Docket Date |
2020-03-11
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
PRECISION ORTHOPEDICS, INC.
|
|
Docket Date |
2020-03-11
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
Docket Date |
2021-03-12
|
Type |
Order
|
Subtype |
Order Re: Video Oral Argument
|
Description |
OA Notice Video ~ This case is provisionally set for oral argument on WEDNESDAY, MAY 05, 2021, at 11:00 A.M., before: Judge Anthony K. Black, Judge Susan H. Rothstein-Youakim, Judge John K. Stargel. To mitigate the impact of the COVID-19 outbreak while continuing with the orderly processing of cases, the oral argument will be conducted by video conference. The court calendars can be viewed on this court’s website at www.2dca.org. Counsel or parties are requested to sign in by fifteen minutes prior to the time listed above.The panel is subject to change without notice. Should the assigned panel of judges decide that the court will not benefit from oral argument, the attorneys or parties will be notified by order no less than two weeks before the scheduled date. If this is a criminal proceeding where a victim, as defined in article I, section 16(e), Florida Constitution, has invoked their right to notice under article I, section 16(b)(6), the State is directed to provide the victim with notice of this oral argument and of any changes to the scheduled date.Please review the notice regarding oral argument in the Second District Court of Appeal. A copy has been furnished with this order and may also be found on this court’s website.Within ten days from the date of this order, any attorney or party who will be presenting argument is requested to provide the Clerk of the Court with the email address where the video invitation should be sent and a telephone number. This information may be sent by email to 2dcaClerk@flcourts.org. The Clerk of the Court will provide each participant with connection instructions, including the opportunity for a test session, before the argument.
|
|
Docket Date |
2021-02-19
|
Type |
Order
|
Subtype |
Order on Motion For Continuation of Oral Argument
|
Description |
ORD-GRANTING CONTINUANCE OF OA ~ Appellant’s motion filed February 17, 2021, for continuance of oral argument is granted. Oral argument scheduled for March 17, 2021, is canceled and will be rescheduled for a later date.
|
|
Docket Date |
2021-02-17
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion For Continuation of Oral Argument
|
Description |
Motion For Continuation of Oral Argument ~ APPELLANT'S UNOPPOSED MOTION TO RESCHEDULE ORAL ARGUMENT
|
On Behalf Of |
PRECISION ORTHOPEDICS, INC.
|
|
Docket Date |
2021-01-22
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ OF DESIGNATION OF EMAIL ADDRESSES AND TELEPHONE NUMBER FOR ORAL ARGUMENT
|
On Behalf Of |
PRECISION ORTHOPEDICS, INC.
|
|
Docket Date |
2021-01-20
|
Type |
Response
|
Subtype |
Objection
|
Description |
OBJECTION ~ OPPOSITION TO APPELLANT'S MOTION TO STRIKE
|
On Behalf Of |
ZIMMER US, INC.
|
|
Docket Date |
2021-01-13
|
Type |
Order
|
Subtype |
Order Re: Video Oral Argument
|
Description |
OA Notice Video ~ This case is provisionally set for oral argument on WEDNESDAY, MARCH 17, 2021, at 9:30 A.M., before: Judge J. Andrew Atkinson, Judge John K. Stargel, Judge Suzanne Labrit. To mitigate the impact of the COVID-19 outbreak while continuing with the orderly processing of cases, the oral argument will be conducted by video conference. The court calendars can be viewed on this court’s website at www.2dca.org. Counsel or parties are requested to sign in by fifteen minutes prior to the time listed above.The panel is subject to change without notice. Should the assigned panel of judges decide that the court will not benefit from oral argument, the attorneys or parties will be notified by order no less than two weeks before the scheduled date. If this is a criminal proceeding where a victim, as defined in article I, section 16(e), Florida Constitution, has invoked their right to notice under article I, section 16(b)(6), the State is directed to provide the victim with notice of this oral argument and of any changes to the scheduled date.Please review the notice regarding oral argument in the Second District Court of Appeal. A copy has been furnished with this order and may also be found on this court’s website.Within ten days from the date of this order, any attorney or party who will be presenting argument is requested to provide the Clerk of the Court with the email address where the video invitation should be sent and a telephone number. This information may be sent by email to 2dcaClerk@flcourts.org. The Clerk of the Court will provide each participant with connection instructions, including the opportunity for a test session, before the argument.
|
|
Docket Date |
2021-01-08
|
Type |
Motions Other
|
Subtype |
Motion To Strike
|
Description |
Motion To Strike ~ APPELLANT'S MOTION TO STRIKE
|
On Behalf Of |
PRECISION ORTHOPEDICS, INC.
|
|
Docket Date |
2020-12-28
|
Type |
Notice
|
Subtype |
Notice of Supplemental Authority
|
Description |
Notice of Supplemental Authority
|
On Behalf Of |
ZIMMER US, INC.
|
|
Docket Date |
2020-12-18
|
Type |
Motions Relating to Parties and Counsel
|
Subtype |
Motion to Appear Pro Hac Vice
|
Description |
Motion For Leave To Appear as Foreign Counsel ~ TROY S. BROWN'S AMENDED VERIFIED MOTION FOR ADMISSION TO APPEAR PRO HAC VICE FOR APPELLEES
|
On Behalf Of |
ZIMMER US, INC.
|
|
Docket Date |
2020-12-17
|
Type |
Order
|
Subtype |
Order
|
Description |
Order Denying Supersedeas Bond ~ Attorney Margot G. Bloom's motion to appear pro hac vice is denied without prejudice to refiling a motion that complies with Florida Rule of Judicial Administration 2.510(b)(7).
|
|
Docket Date |
2020-12-18
|
Type |
Order
|
Subtype |
Order on Motion to Appear Pro Hac Vice
|
Description |
grant pro hac vice and $100 fee ~ Attorney Troy S. Brown's motion to appear as a foreign attorney is granted. All parties must serve sponsoring Florida attorney Kelli A. Edson with all submissions when serving foreign attorney Tony S. Brown with documents.Pursuant to section 35.22(2)(a), Florida Statutes, if the foreign attorney has not already done so, he or she shall within ten days remit the statutory fee of $100, which can be paid through the Florida Courts E-Filing Portal or by sending a check payable to the clerk of this court, failing which this order will be vacated and the motion to appear as a foreign attorney will be denied.
|
|
Docket Date |
2020-12-17
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ APPELLANT'S RESPONSE IN OPPOSITION TO APPELLEE ZIMMER US, INC.'S MOTION FOR ATTORNEYS' FEES
|
On Behalf Of |
PRECISION ORTHOPEDICS, INC.
|
|
Docket Date |
2020-12-16
|
Type |
Response
|
Subtype |
Objection
|
Description |
OBJECTION ~ OPPOSITION TO APPELLANT'S MOTION FOR THE AWARD OF APPELLATE ATTORNEYS' FEES
|
On Behalf Of |
ZIMMER US, INC.
|
|
Docket Date |
2020-12-16
|
Type |
Motions Relating to Parties and Counsel
|
Subtype |
Motion to Appear Pro Hac Vice
|
Description |
Motion For Leave To Appear as Foreign Counsel ~ Troy S. Brown, Esq.
|
On Behalf Of |
ZIMMER US, INC.
|
|
Docket Date |
2020-12-01
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees
|
On Behalf Of |
PRECISION ORTHOPEDICS, INC.
|
|
Docket Date |
2020-12-04
|
Type |
Order
|
Subtype |
Order
|
Description |
Miscellaneous Order ~ Within fifteen days from the date of this order, attorneys Troy S. Brown, Margot G. Bloom, and Amanda F. Lashner shall move to appear in this court pro hac vice or they will be removed from this proceeding.
|
|
Docket Date |
2020-12-02
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees
|
On Behalf Of |
ZIMMER US, INC.
|
|
Docket Date |
2020-12-01
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant Reply Brief
|
On Behalf Of |
PRECISION ORTHOPEDICS, INC.
|
|
Docket Date |
2020-11-10
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ 20 - RB DUE 12/2/20
|
On Behalf Of |
PRECISION ORTHOPEDICS, INC.
|
|
Docket Date |
2020-10-13
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee Answer Brief
|
On Behalf Of |
ZIMMER US, INC.
|
|
Docket Date |
2020-07-23
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ 60 - AB DUE 10/13/20
|
On Behalf Of |
ZIMMER US, INC.
|
|
Docket Date |
2020-07-16
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument
|
On Behalf Of |
PRECISION ORTHOPEDICS, INC.
|
|
Docket Date |
2020-07-15
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Appellant Brief on Merits
|
On Behalf Of |
PRECISION ORTHOPEDICS, INC.
|
|