| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Sixth Judicial Circuit, Pinellas County
17-CA-5559
|
Parties
| Name |
JERRY MONARCH
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
CHERIE MONARCH
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Ryan J. Wynne, ESQ.
|
|
| Name |
PATRICK CAMBIER, M. D.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
GAIL F. MOULDS, ESQ., MINDY P. MCLAUGHLIN, ESQ., Vitaliy Kats, Esq., KIMBERLY S. MELLO, ESQ., JASON H. OKLESHEN, ESQ.
|
|
| Name |
THE HEART AND VASCULAR INSTITUTE OF FLORIDA
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ON-X LIFE TECHNOLOGIES, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HON. JACK R. ST. ARNOLD
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
PINELLAS CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2019-01-07
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2018-12-14
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2018-12-06
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ Tampa
|
|
| Docket Date |
2018-10-04
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Oral Argument Notice ~ This case is provisionally set for oral argument on THURSDAY, DECEMBER 06, 2018, at 9:30 A.M., before: Judge Samuel J. Salario, Jr., Judge J. Andrew Atkinson, Associate Senior Judge James R. Case. Oral argument will occur at the Second District Court of Appeal, Tampa Branch Headquarters, in the courtroom of the Stetson University College Of Law, Tampa Campus, First Floor, 1700 North Tampa Street, Tampa, Florida. The court calendars can be viewed on this court’s website at www.2dca.org. Counsel or parties are requested to make their presence known to the receptionist 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 in this proceeding, the attorneys or parties will be notified by order no less than two weeks before 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.
|
|
| Docket Date |
2018-07-09
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief
|
| On Behalf Of |
PATRICK CAMBIER, M. D.
|
|
| Docket Date |
2018-06-20
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ Final Judgment
|
| On Behalf Of |
CHERIE MONARCH
|
|
| Docket Date |
2018-06-04
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Appellee On-X Life Technologies, Inc.'s motion to dismiss is denied. Upon consideration, this court has determined that both the December 27, 2017, and January 29, 2018, orders granting Appellee's motion to dismiss are nonfinal orders. 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 County v. State, 802 So. 2d 414 n.3 (Fla. 2d DCA 2001). Accordingly, 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") (effective Jan. 1, 2015). If appellant fails to present an appealable order within that time frame, this appeal will be subject to dismissal without further notice.
|
|
| Docket Date |
2018-05-23
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANTS RESPONSE TO APPELLEE'S MOTION TO DISMISS
|
| On Behalf Of |
CHERIE MONARCH
|
|
| Docket Date |
2018-05-22
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-TO FILE RESPONSE ~ Appellants shall serve a response to Appellee's motion to dismiss within 10 days of the date of this order.
|
|
| Docket Date |
2018-05-18
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss ~ APPELLEE, ON-X LIFE TECHNOLOGY'S, MOTION TO DISMISS APPEAL FOR MOOTNESS AND LACK OF JURISDICTION
|
| On Behalf Of |
PATRICK CAMBIER, M. D.
|
|
| Docket Date |
2018-05-01
|
| Type |
Order
|
| Subtype |
Order on Motion to Accept Brief as Timely
|
| Description |
GR T/ACCEPT BRF FILED AS TIMELY ~ Appellant Cherie Monarch's motion to accept the initial brief as timely filed is granted, and the initial brief filed on April 27, 2018, is accepted as timely filed. Appellee(s) shall serve the answer brief within 20 days of the date of this order.
|
|
| Docket Date |
2018-05-01
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
CHERIE MONARCH
|
|
| Docket Date |
2018-04-30
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
deny eot for no consultation ~ Appellant Cherie Monarch's motion for an extension of time is denied without prejudice to refile a motion within five days that demonstrates compliance with Florida Rule of Appellate Procedure 9.300(a) with respect to consultation with opposing counsel, failing which the brief shall be served by the current due date or within ten days of the date of this order, whichever is later.
|
|
| Docket Date |
2018-04-27
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
CHERIE MONARCH
|
|
| Docket Date |
2018-04-27
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to Accept Brief as Timely
|
| Description |
Motion To Accept Timely Brief
|
| On Behalf Of |
CHERIE MONARCH
|
|
| Docket Date |
2018-04-27
|
| 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 |
CHERIE MONARCH
|
|
| Docket Date |
2018-03-23
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ ST. ARNOLD - 255 PAGES
|
|
| Docket Date |
2018-03-16
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
PATRICK CAMBIER, M. D.
|
|
| Docket Date |
2018-02-09
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ EXHIBIT A AND B
|
| On Behalf Of |
CHERIE MONARCH
|
|
| Docket Date |
2018-01-29
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2018-01-29
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty
|
|
| Docket Date |
2018-01-29
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2018-01-29
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
CHERIE MONARCH
|
|
|
