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JEFFREY MORGAN VS SOUTH FLORIDA CLINICAL TRIALS, INC., et al.
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4D2020-1539
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2020-07-07
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Closed
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| Classification |
NOA Final - Circuit Civil - Other
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| Court |
4th District Court of Appeal
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| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE19-8816
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Parties
| Name |
Jeffrey D. Morgan, M.D.
|
| Role |
Appellant
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| Status |
Active
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|
| Name |
AVEO PHARMACEUTICALS, INC.
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| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Astellas Pharma Europe BV
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| Role |
Appellee
|
| Status |
Active
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|
| Name |
SOUTH FLORIDA CLINICAL TRIALS, INC
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| Role |
Appellee
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| Status |
Active
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| Representations |
Mitchell W. Berger, Geoffrey Lottenberg, Philip Benjamin Zuckerman, Eugene Keith Pettis
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|
| Name |
Axis Clinical Trials
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| Role |
Appellee
|
| Status |
Active
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|
| Name |
Hon. Jeffrey R. Levenson
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| Role |
Judge/Judicial Officer
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| Status |
Active
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|
| Name |
Clerk - Broward
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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Docket Entries
| Docket Date |
2021-05-04
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| Type |
Order
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| Subtype |
Order on Motion for Rehearing En Banc
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| Description |
Order Denying Rehearing En Banc ~ ORDERED that appellant's March 25, 2021 motion for rehearing and rehearing en banc is denied.
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| Docket Date |
2021-04-07
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| Type |
Response
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| Subtype |
Response
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| Description |
Response
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| On Behalf Of |
South Florida Clinical Trials, Inc.
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| Docket Date |
2021-05-21
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| Type |
Mandate
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| Subtype |
Mandate
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| Description |
Mandate
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| Docket Date |
2021-05-04
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| Type |
Misc. Events
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| Subtype |
West Publishing
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| Description |
West Publishing
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|
| Docket Date |
2021-04-07
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| Type |
Order
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| Subtype |
Order Striking Filing
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| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellee Astellas Pharma Europe B.V.’s April 7, 2021 response is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that the certificate of service does not comply in substance with the requirements of Florida Rule of Judicial Administration 2.516(f).
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| Docket Date |
2021-03-25
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| Type |
Post-Disposition Motions
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| Subtype |
Motion for Rehearing
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| Description |
Motion for Rehearing / Rehearing En Banc
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| On Behalf Of |
Jeffrey D. Morgan, M.D.
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| Docket Date |
2021-03-11
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| Type |
Disposition by Opinion
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| Subtype |
Affirmed
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| Description |
Affirmed - Per Curiam Affirmed
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| Docket Date |
2020-11-23
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| Type |
Order
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| Subtype |
Order on Motion to Supplement Record
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| Description |
Deny Motion to Supplement Record ~ ORDERED that appellant’s October 27, 2020 “notice of supplemental record on appeal” is treated as a motion to supplement the record on appeal and is denied. See Fla. R. App. P. 9.200(a)(1) (“[T]he record shall consist of all documents filed in the lower tribunal . . . except summonses, praecipes, subpoenas, returns, notices of hearing or of taking deposition, depositions, and other discovery.”). The proposed supplemental record is stricken from the docket.
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| Docket Date |
2020-10-27
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| Type |
Record
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| Subtype |
Supplemental Record
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| Description |
Supplemental Records ~ **STRICKEN FROM DOCKET**
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| On Behalf Of |
Jeffrey D. Morgan, M.D.
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|
| Docket Date |
2020-10-27
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| Type |
Motions Relating to Records
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| Subtype |
Motion to Supplement Record
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| Description |
Motion To File Supplemental Record
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| On Behalf Of |
Jeffrey D. Morgan, M.D.
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| Docket Date |
2020-10-22
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| Type |
Record
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| Subtype |
Record on Appeal
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| Description |
Received Records ~ 417 PAGES
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| On Behalf Of |
Clerk - Broward
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| Docket Date |
2020-10-19
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| Type |
Notice
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| Subtype |
Notice
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| Description |
Notice ~ STATEMENT OF JUDICIAL ACTS TO REVIEW
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| On Behalf Of |
Jeffrey D. Morgan, M.D.
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|
| Docket Date |
2020-10-19
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| Type |
Response
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| Subtype |
Response
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| Description |
Response to Order to Show Cause
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| On Behalf Of |
Jeffrey D. Morgan, M.D.
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|
| Docket Date |
2020-10-16
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| Type |
Order
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| Subtype |
Show Cause
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| Description |
Show Cause Lack of Prosecution, Record-on-Appeal ~ ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, on or before October 31, 2020, why the above-styled case should not be dismissed for lack of timely prosecution, in that the record on appeal 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 record on appeal is filed within this time, the order to show cause will be considered automatically discharged without further order.
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| Docket Date |
2020-08-13
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| Type |
Order
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| Subtype |
Order on Miscellaneous Motion
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| Description |
Grant Miscellaneous Motion ~ ORDERED that appellant’s August 12, 2020 motion to accept corrected reply brief is granted. Said reply brief is deemed filed as of the date of this order.
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| Docket Date |
2020-08-13
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| Type |
Brief
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| Subtype |
Reply Brief
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| Description |
Appellant's Reply Brief ~ CORRECTED
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| On Behalf Of |
Jeffrey D. Morgan, M.D.
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| Docket Date |
2020-08-12
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| Type |
Motions Other
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| Subtype |
Miscellaneous Motion
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| Description |
Miscellaneous Motion ~ TO ACCEPT CORRECTED APPELLANT'S REPLY BRIEF
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| On Behalf Of |
Jeffrey D. Morgan, M.D.
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| Docket Date |
2020-08-11
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| Type |
Brief
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| Subtype |
Amended Answer Brief
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| Description |
Amended Appellee's Answer Brief
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| On Behalf Of |
South Florida Clinical Trials, Inc.
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|
| Docket Date |
2020-08-11
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| Type |
Record
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| Subtype |
Appendix
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| Description |
Appendix to Brief
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| On Behalf Of |
South Florida Clinical Trials, Inc.
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| Docket Date |
2020-08-11
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| Type |
Order
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| Subtype |
Order Striking Filing
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| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellees’ August 10, 2020 answer brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that the certificate of service does not comply in substance with the requirements of Florida Rule of Judicial Administration 2.516(f). Further, ORDERED that appellees’ appendix to the answer brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.220(c), which was amended effective October 1, 2017, in that it was not consecutively paginated, beginning with the cover sheet as page 1. An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
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| Docket Date |
2020-08-10
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| Type |
Brief
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| Subtype |
Answer Brief
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| Description |
Appellee's Answer Brief
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| On Behalf Of |
South Florida Clinical Trials, Inc.
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| Docket Date |
2020-08-10
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| Type |
Record
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| Subtype |
Appendix
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| Description |
Appendix to Brief
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| On Behalf Of |
South Florida Clinical Trials, Inc.
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| Docket Date |
2020-07-09
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| Type |
Brief
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| Subtype |
Initial Brief
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| Description |
Initial Brief on Merits
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| On Behalf Of |
Jeffrey D. Morgan, M.D.
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| Docket Date |
2020-07-09
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| Type |
Misc. Events
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| Subtype |
Case Filing Fee Paid through Portal
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| Description |
Case Filing Fee Paid Through Portal
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| On Behalf Of |
Jeffrey D. Morgan, M.D.
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| Docket Date |
2020-07-09
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| Type |
Record
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| Subtype |
Appendix
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| Description |
Appendix to Brief
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| On Behalf Of |
Jeffrey D. Morgan, M.D.
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| Docket Date |
2020-07-08
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter
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| Docket Date |
2020-07-08
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| 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, 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, 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 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 Circuit Court 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 Circuit Court 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 circuit court clerk's determination of indigent status is filed.
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| Docket Date |
2020-07-07
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| Type |
Misc. Events
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| Subtype |
Fee Status
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| Description |
FP:Fee Paid Through Portal
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| Docket Date |
2020-07-07
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| Type |
Notice
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| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal Filed
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| On Behalf Of |
Jeffrey D. Morgan, M.D.
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JEFFREY D. MORGAN, M.D. VS SFCT, A MEMBER OF THE ALLIANCE, INC., et al
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4D2020-0981
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2020-04-15
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Closed
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| Classification |
NOA Final - Circuit Civil - Other
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| Court |
4th District Court of Appeal
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| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE19-008816 (09)
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Parties
| Name |
Jeffrey D. Morgan, M.D.
|
| Role |
Appellant
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| Status |
Active
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| Representations |
Jeremy D. Friedman
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|
| Name |
AVEO PHARMACEUTICALS, INC.
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| Role |
Appellee
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| Status |
Active
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|
| Name |
Astellas Pharma Europe BV
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| Role |
Appellee
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| Status |
Active
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| Name |
SFCT, A MEMBER OF THE ALLIANCE, INC.
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| Role |
Appellee
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| Status |
Active
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| Representations |
Debra Klauber, Mitchell W. Berger, Geoffrey Lottenberg, Eugene Keith Pettis
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|
| Name |
SOUTH FLORIDA CLINICAL TRIALS, INC
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| Role |
Appellee
|
| Status |
Active
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|
| Name |
Hon. Jeffrey R. Levenson
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
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|
| Name |
Clerk - Broward
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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Docket Entries
| Docket Date |
2020-06-03
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| Type |
Record
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| Subtype |
Record on Appeal
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| Description |
Received Records ~ 259 PAGES
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| On Behalf Of |
Clerk - Broward
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| Docket Date |
2020-06-01
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| Type |
Disposition by Order
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| Subtype |
Dismissed
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| Description |
ORD-Sua Sponte Dismissed for Lack of Jurisdiction ~ Upon consideration of appellant’s April 22, 2020 jurisdiction statement, appellee Astellas Pharma Europe B.V.’s April 29, 2020 response, appellee Aveo Pharmaceuticals, Inc.’s April 30, 2020 response and motion to dismiss, and appellant’s April 30, 2020 reply, it is ORDERED that appellee Aveo Pharmaceuticals, Inc.’s motion to dismiss is granted and the above-styled appeal is dismissed for lack of jurisdiction. The circuit court’s March 13, 2020 order is a nonfinal, nonappealable order. See Cardillo v. Qualsure Ins. Corp., 974 So. 2d 1174 (Fla. 4th DCA 2008); Perry v. Perry, 976 So. 2d 1151 (Fla. 4th DCA 2008); Palamara v. Chinnock Marine, Inc., 788 So. 2d 305 (Fla. 4th DCA 2001).LEVINE, C.J., GROSS and KUNTZ, JJ., concur.
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| Docket Date |
2020-06-01
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| Type |
Disposition
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| Subtype |
Dismissed
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| Description |
Dismissed - Order by Judge
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| Docket Date |
2020-04-30
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| Type |
Motions Other
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| Subtype |
Motion To Dismiss
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| Description |
Motion To Dismiss ~ AND RESPONSE TO JURISDICTIONAL BRIEF
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| On Behalf Of |
SFCT, A Member of the Alliance, Inc.
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| Docket Date |
2020-04-30
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| Type |
Response
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| Subtype |
Response
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| Description |
Response ~ TO MOTION TO DISMISS
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| On Behalf Of |
Jeffrey D. Morgan, M.D.
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| Docket Date |
2020-04-29
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| Type |
Response
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| Subtype |
Response
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| Description |
Response ~ TO JURISDICTIONAL STATEMENT
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| On Behalf Of |
SFCT, A Member of the Alliance, Inc.
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| Docket Date |
2020-04-29
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| Type |
Notice
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| Subtype |
Notice of Appearance
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| Description |
Notice of Appearance
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| On Behalf Of |
SFCT, A Member of the Alliance, Inc.
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| Docket Date |
2020-04-27
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| Type |
Brief
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| Subtype |
Initial Brief
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| Description |
Initial Brief on Merits
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| On Behalf Of |
Jeffrey D. Morgan, M.D.
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| Docket Date |
2020-04-27
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| Type |
Notice
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| Subtype |
Notice of Appearance
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| Description |
Notice of Appearance
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| On Behalf Of |
SFCT, A Member of the Alliance, Inc.
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| Docket Date |
2020-04-27
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| Type |
Record
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| Subtype |
Appendix
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| Description |
Appendix to Brief
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| On Behalf Of |
Jeffrey D. Morgan, M.D.
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| Docket Date |
2020-04-23
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| Type |
Record
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| Subtype |
Appendix
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| Description |
Appendix ~ TO JURISDICTIONAL BRIEF
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| On Behalf Of |
Jeffrey D. Morgan, M.D.
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| Docket Date |
2020-04-22
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| Type |
Brief
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| Subtype |
Jurisdictional Brief
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| Description |
Jurisdictional Brief
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| On Behalf Of |
Jeffrey D. Morgan, M.D.
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| Docket Date |
2020-04-22
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| Type |
Misc. Events
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| Subtype |
Case Filing Fee Paid through Portal
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| Description |
Case Filing Fee Paid Through Portal
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| On Behalf Of |
Jeffrey D. Morgan, M.D.
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| Docket Date |
2020-04-16
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter
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| Docket Date |
2020-04-16
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| 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.
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| Docket Date |
2020-04-15
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| Type |
Notice
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| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal Filed
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| On Behalf Of |
Jeffrey D. Morgan, M.D.
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| Docket Date |
2020-04-15
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| Type |
Misc. Events
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| Subtype |
Fee Status
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| Description |
FP:Fee Paid Through Portal
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