| Entity Name: | INFINITY INDEMNITY INSURANCE COMPANY |
| Jurisdiction: | FLORIDA |
| Filing Type: | Foreign Profit |
| Status: |
Active
The business entity is active. This status indicates that the business is currently operating and compliant with state regulations, suggesting a lower risk profile for lenders and potentially better creditworthiness. |
| Date Filed: | 12 Dec 1994 (30 years ago) |
| Last Event: | NAME CHANGE AMENDMENT |
| Event Date Filed: | 13 Feb 2006 (19 years ago) |
| Document Number: | F94000006320 |
| FEI/EIN Number |
34-1767787
Federal Employer Identification (FEI) Number assigned by the IRS. |
| Address: | 8900 Keystone Crossing, Suite 630, Indianapolis, IN, 46240, US |
| Mail Address: | 8900 Keystone Crossing, Suite 630, Indianapolis, IN, 46240, US |
| Place of Formation: | INDIANA |
| Name | Role | Address |
|---|---|---|
| Varagona Matthew J | Director | 8900 Keystone Crossing, Indianapolis, IN, 46240 |
| Mahajan Aditya | Director | 8900 Keystone Crossing, Indianapolis, IN, 46240 |
| Varagona Matthew J | President | 8900 Keystone Crossing, Indianapolis, IN, 46240 |
| Freije Brenda H | Director | 8900 Keystone Crossing, Indianapolis, IN, 46240 |
| Marinaccio Michael A | Director | 8900 Keystone Crossing, Indianapolis, IN, 46240 |
| Tuller Timothy J | Director | 8900 Keystone Crossing, Indianapolis, IN, 46240 |
| CHIEF FINANCIAL OFFICER | Agent | 200 E. GAINES ST, TALLAHASSEE, FL, 323990000 |
| Event Type | Filed Date | Value | Description |
|---|---|---|---|
| CHANGE OF PRINCIPAL ADDRESS | 2024-04-04 | 8900 Keystone Crossing, Suite 630, Indianapolis, IN 46240 | - |
| CHANGE OF MAILING ADDRESS | 2024-04-04 | 8900 Keystone Crossing, Suite 630, Indianapolis, IN 46240 | - |
| REGISTERED AGENT ADDRESS CHANGED | 2015-06-23 | 200 E. GAINES ST, P O BOX 6200 (32314-6200), TALLAHASSEE, FL 32399-0000 | - |
| NAME CHANGE AMENDMENT | 2006-02-13 | INFINITY INDEMNITY INSURANCE COMPANY | - |
| REGISTERED AGENT NAME CHANGED | 2003-03-17 | CHIEF FINANCIAL OFFICER | - |
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| Infinity Indemnity Insurance Company, Appellant(s), v. Shree Wright, Appellee(s). | 5D2024-2961 | 2024-10-25 | Open | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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| Name | INFINITY INDEMNITY INSURANCE COMPANY |
| Role | Appellant |
| Status | Active |
| Representations | Scott Jeffrey Frank, Mihaela Cabulea |
| Name | Shree Wright |
| Role | Appellee |
| Status | Active |
| Representations | Glenn Mitchell Klausman, Coretta Anthony-Smith, Chad Andrew Barr |
| Name | Hon. Mark Edward Herr |
| Role | Judge/Judicial Officer |
| Status | Active |
| Name | Seminole Clerk |
| Role | Lower Tribunal Clerk |
| Status | Active |
Docket Entries
| Docket Date | 2024-11-20 |
| Type | Order |
| Subtype | Order of Referral to Mediation |
| Description | Order of Referral to Mediation |
| View | View File |
| Docket Date | 2024-11-13 |
| Type | Response |
| Subtype | Response |
| Description | Response to M/Atty Fees |
| On Behalf Of | Infinity Indemnity Insurance Company |
| Docket Date | 2024-11-06 |
| Type | Event |
| Subtype | Fee Satisfied |
| Description | Fee Satisfied |
| View | View File |
| Docket Date | 2024-10-29 |
| Type | Motions Relating to Attorney Fees/Costs |
| Subtype | Motion For Attorney's Fees |
| Description | Motion For Attorney's Fees |
| On Behalf Of | Shree Wright |
| Docket Date | 2024-10-28 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| On Behalf Of | Infinity Indemnity Insurance Company |
| Docket Date | 2024-10-25 |
| Type | Notice |
| Subtype | Notice of Appeal |
| Description | Notice of Appeal - Filed Below 10/24/2024 |
| On Behalf Of | Infinity Indemnity Insurance Company |
| Docket Date | 2024-10-25 |
| Type | Order |
| Subtype | Order on Filing Fee |
| Description | Order on Filing Fee |
| View | View File |
| Docket Date | 2024-10-25 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgment Letter |
| View | View File |
| Docket Date | 2024-12-19 |
| Type | Order |
| Subtype | Order |
| Description | Order TO EXCLUDE PERSONAL APPEARANCE DENIED - ALL APPELLATE DEADLINES TO COMMENCE |
| View | View File |
| Docket Date | 2024-12-19 |
| Type | Mediation |
| Subtype | Other |
| Description | APPELLEE'S MOTION TO EXCUSE APPELLEE'S PERSONAL APPEARANCE AT APPELLATE MEDIATION |
| On Behalf Of | Shree Wright |
| View | View File |
| Docket Date | 2024-12-10 |
| Type | Order |
| Subtype | Order Appointing Mediator |
| Description | Order Appointing Mediator; ATTY NADINE MITCHELL APPOINTED AS MEDIATOR |
| View | View File |
| Docket Date | 2024-12-03 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time |
| Description | Order on Motion for Extension of Time to File Response to Order of Referral to Mediation; MOT GRANTED; RESPONSE TO ORDER OF REFERRAL DUE BY 12/9 |
| View | View File |
| Docket Date | 2024-12-02 |
| Type | Mediation |
| Subtype | Med Motion for extension of time |
| Description | Med Motion for extension of time |
| On Behalf Of | Infinity Indemnity Insurance Company |
| View | View File |
| Classification | Original Proceedings - County Small Claims - Prohibition |
| Court | 3rd District Court of Appeal |
| Originating Court |
County Court for the Eleventh Judicial Circuit, Miami-Dade County 23-1639-SP-05 |
Parties
| Name | UNIVERSAL X RAYS CORP. |
| Role | Petitioner |
| Status | Active |
| Representations | Michael Vincent Tichenor, Robert Jonathan Lee |
| Name | INFINITY INDEMNITY INSURANCE COMPANY |
| Role | Respondent |
| Status | Active |
| Representations | Terry M. Torres, Stefani Michelle Hunter |
| Name | Hon. Miesha Darrough |
| Role | Judge/Judicial Officer |
| Status | Active |
| Name | Miami-Dade Clerk |
| Role | Lower Tribunal Clerk |
| Status | Active |
Docket Entries
| Docket Date | 2024-11-13 |
| Type | Disposition by Opinion |
| Subtype | Denied |
| Description | Petitions denied. |
| View | View File |
| Docket Date | 2024-10-29 |
| Type | Order |
| Subtype | Order |
| Description | The Appellant's Motion to Treat Notice of Appeal as Petition is hereby granted. This case shall proceed as a petition for writ of prohibition. The Court notes that the petition and appendix have already been filed. |
| View | View File |
| Docket Date | 2024-10-29 |
| Type | Event |
| Subtype | Fee Satisfied |
| Description | Fee Satisfied |
| Docket Date | 2024-10-29 |
| Type | Miscellaneous Document |
| Subtype | Pay Case Filing Fee-300 |
| Description | $300 case filing fee paid through the portal. Batch no. 12914719 |
| On Behalf Of | Universal X Rays, Corp. |
| View | View File |
| Docket Date | 2024-10-29 |
| Type | Motions Other |
| Subtype | Miscellaneous Motion |
| Description | Motion to Treat Notice of Appeal as Petition |
| On Behalf Of | Universal X Rays, Corp. |
| View | View File |
| Docket Date | 2024-10-29 |
| Type | Record |
| Subtype | Appendix |
| Description | Appendix to Petition for Writ of Prohibition |
| On Behalf Of | Universal X Rays, Corp. |
| View | View File |
| Docket Date | 2024-10-29 |
| Type | Petition |
| Subtype | Petition Prohibition |
| Description | Petition for Writ of Prohibition |
| On Behalf Of | Universal X Rays, Corp. |
| View | View File |
| Docket Date | 2024-10-25 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgment of a New Case Letter. The 3DCA $300 filing fee for a notice of appeal is due. |
| View | View File |
| Docket Date | 2024-12-10 |
| Type | Misc. Events |
| Subtype | West Publishing |
| Description | West Publishing |
| Docket Date | 2024-12-10 |
| Type | Mandate |
| Subtype | Mandate |
| Description | Mandate |
| View | View File |
| Docket Date | 2024-10-25 |
| Type | Order |
| Subtype | Order on Filing Fee |
| Description | This is to notify counsel for appellant that the filing and prosecution of a notice of appeal in this Court is not acceptable without compliance with the Florida Rules of Appellate Procedure. Therefore, this appeal will be dismissed unless the required three hundred dollar ($300.00) fee is paid to the Clerk of the Court on or before November 4, 2024. |
| View | View File |
| Docket Date | 2024-10-25 |
| Type | Notice |
| Subtype | Notice of Appeal |
| Description | Notice of Appeal for 3D2024-1901, Incomplete certificate of service in NOA. |
| On Behalf Of | Universal X Rays, Corp. |
| View | View File |
| Classification | NOA Final - Circuit Civil - Other |
| Court | 3rd District Court of Appeal |
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County 22-22906-CA-01 |
Parties
| Name | Benibel Candelario |
| Role | Appellant |
| Status | Active |
| Representations | Annabel Castle Majewski, Franchesca Marrero, Natascha Maria Aabbott |
| Name | INFINITY INDEMNITY INSURANCE COMPANY |
| Role | Appellee |
| Status | Active |
| Representations | Joshua Dodek Lerner, Thomas Christopher Webb |
| Name | Hon. Vivianne del Rio |
| Role | Judge/Judicial Officer |
| Status | Active |
| Name | Miami-Dade Clerk |
| Role | Lower Tribunal Clerk |
| Status | Active |
Docket Entries
| Docket Date | 2024-11-01 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| On Behalf Of | Infinity Indemnity Insurance Company |
| View | View File |
| Docket Date | 2024-10-18 |
| Type | Order |
| Subtype | Order on Motion to Supplement Record |
| Description | Appellant's Motion to Supplement the Record on Appeal, filed on October 3, 2024, is granted, and the record on appeal is supplemented to include the transcripts which are attached to said Motion. |
| View | View File |
| Docket Date | 2024-10-14 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time |
| Description | Notice of Agreed Extension of Time for Initial Brief - 60 days to 12/09/2024 |
| On Behalf Of | Benibel Candelario |
| View | View File |
| Docket Date | 2024-10-04 |
| Type | Motions Relating to Records |
| Subtype | Motion to Supplement Record |
| Description | Appellant's Motion to Supplement Record |
| On Behalf Of | Benibel Candelario |
| View | View File |
| Docket Date | 2024-10-04 |
| Type | Notice |
| Subtype | Notice of Filing |
| Description | Notice of Filing Transcripts |
| On Behalf Of | Benibel Candelario |
| View | View File |
| Docket Date | 2024-09-06 |
| Type | Order |
| Subtype | Order |
| Description | Upon review of the record/affidavits filed in this case, the Court has determined that condensed transcripts fail to comply with the requirements of Florida Rules of Appellate Procedure 9.200(b)(4) and 9.220(c)(4). Any such condensed transcripts filed after January 1, 2019, are hereby stricken. The responsible party (the party who seeks to have the transcripts considered by this Court) shall file transcripts that comply with the Florida Rules of Appellate Procedure within thirty (30) days from the date of this Order. |
| View | View File |
| Docket Date | 2024-09-06 |
| Type | Record |
| Subtype | Record on Appeal |
| Description | Record on Appeal |
| On Behalf Of | Miami-Dade Clerk |
| View | View File |
| Docket Date | 2024-08-16 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| On Behalf Of | Benibel Candelario |
| View | View File |
| Docket Date | 2024-08-06 |
| Type | Event |
| Subtype | Fee Satisfied |
| Description | Fee Satisfied |
| Docket Date | 2024-08-06 |
| Type | Miscellaneous Document |
| Subtype | Pay Case Filing Fee-300 |
| Description | Case Filing Fee $300 paid through the portal. Batch# 12084145 |
| On Behalf Of | Benibel Candelario |
| View | View File |
| Docket Date | 2024-08-02 |
| Type | Order |
| Subtype | Order on Filing Fee |
| Description | This is to notify counsel for appellant that the filing and prosecution of a notice of appeal in this Court is not acceptable without compliance with the Florida Rules of Appellate Procedure. Therefore, this appeal will be dismissed unless the required three hundred dollar ($300.00) fee is paid to the Clerk of the Court on or before August 12, 2024. |
| View | View File |
| Docket Date | 2024-08-02 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgment of a New Case Letter. The 3DCA $300 filing fee for a notice of appeal is due. |
| View | View File |
| Docket Date | 2024-08-02 |
| Type | Notice |
| Subtype | Notice of Appeal |
| Description | Notice of Appeal for 3D2024-1373. |
| On Behalf Of | Benibel Candelario |
| View | View File |
| Docket Date | 2025-01-03 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time |
| Description | Notice of Agreed Extension of Time to file IB-30 days to 02/07/2025 |
| On Behalf Of | Benibel Candelario |
| View | View File |
| Docket Date | 2024-12-09 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time |
| Description | Notice of Agreed Extension of Time to file IB-30 days to 01/08/2025 |
| On Behalf Of | Benibel Candelario |
| View | View File |
| Classification | NOA Final - County Civil - PIP |
| Court | 2nd District Court of Appeal |
| Originating Court |
County Court for the Thirteenth Judicial Circuit, Hillsborough County 18-CC-068129 |
Parties
| Name | YAZMIN DIAZ QUINONES |
| Role | Appellant |
| Status | Active |
| Name | PHYSICIANS GROUP, LLC |
| Role | Appellant |
| Status | Active |
| Representations | CHAD A. BARR, ESQ., C. SPENCER PETTY, ESQ. |
| Name | HON. LISA ALLEN |
| Role | Judge/Judicial Officer |
| Status | Active |
| Name | HILLSBOROUGH CLERK |
| Role | Lower Tribunal Clerk |
| Status | Active |
| Name | INFINITY INDEMNITY INSURANCE COMPANY |
| Role | Appellee |
| Status | Active |
| Representations | Gladys Perez Villanueva, Esq., Gabriel Orestes Fundora, Esq., COLIN M. HERSHEY, ESQ. |
Docket Entries
| Docket Date | 2024-01-18 |
| Type | Misc. Events |
| Subtype | Case Closed |
| Description | Case Closed |
| Docket Date | 2024-01-18 |
| Type | Disposition by Order |
| Subtype | Dismissed |
| Description | ORDER GRANTING VOLUNTARY DISMISSAL ~ Pursuant to the notice of voluntary dismissal filed herein, this appeal isdismissed. |
| Docket Date | 2024-01-17 |
| Type | Motions Other |
| Subtype | Motion/Notice Voluntary Dismissal |
| Description | Notice of Voluntary Dismissal |
| On Behalf Of | PHYSICIANS GROUP, LLC |
| Docket Date | 2023-12-18 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| On Behalf Of | INFINITY INDEMNITY INSURANCE COMPANY |
| Docket Date | 2023-12-15 |
| Type | Record |
| Subtype | Supplemental Record |
| Description | Supplemental Records ~ 15 PAGES |
| On Behalf Of | HILLSBOROUGH CLERK |
| Docket Date | 2024-01-18 |
| Type | Disposition |
| Subtype | Dismissed |
| Description | Dismissed - Order by Clerk |
| Docket Date | 2023-12-06 |
| Type | Record |
| Subtype | Record on Appeal |
| Description | Received Records ~ ALLEN - 250 PAGES REDACTED |
| On Behalf Of | HILLSBOROUGH CLERK |
| Docket Date | 2023-11-13 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| On Behalf Of | INFINITY INDEMNITY INSURANCE COMPANY |
| Docket Date | 2023-11-08 |
| Type | Motions Other |
| Subtype | Motion To Relinquish Jurisdiction |
| Description | Motion To Relinquish Jurisdiction |
| On Behalf Of | PHYSICIANS GROUP, LLC |
| Docket Date | 2023-11-07 |
| Type | Misc. Events |
| Subtype | Case Filing Fee Paid through Portal |
| Description | Case Filing Fee Paid through Portal |
| On Behalf Of | PHYSICIANS GROUP, LLC |
| Docket Date | 2023-11-07 |
| Type | Order |
| Subtype | Order on Miscellaneous Motion |
| Description | deny motion until fee satisfied ~ Appellant's motion to relinquish jurisdiction is denied without prejudice toresubmit it following satisfaction of this court's fee order of November 2, 2023. |
| Docket Date | 2023-11-07 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgment Letter 1 ~ AMENDED |
| Docket Date | 2023-11-06 |
| Type | Motions Other |
| Subtype | Motion To Relinquish Jurisdiction |
| Description | Motion To Relinquish Jurisdiction |
| On Behalf Of | PHYSICIANS GROUP, LLC |
| Docket Date | 2023-11-06 |
| Type | Misc. Events |
| Subtype | Certificate of Service |
| Description | Certificate of Service ~ AMENDED CERTIFICATE OF SERVICE |
| On Behalf Of | PHYSICIANS GROUP, LLC |
| Docket Date | 2023-11-06 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| On Behalf Of | PHYSICIANS GROUP, LLC |
| Docket Date | 2023-11-02 |
| Type | Order |
| Subtype | Order on Filing Fee |
| Description | fee - civil; atty ~ This appeal has been filed without a filing fee required by section 35.22(2)(a), Florida Statutes, Florida Statutes.If the attorney for appellant has not already done so, they shall forward the required $300.00 filing fee or, if applicable, a certificate or order of the lower tribunal finding appellant insolvent pursuant to section 57.081, Florida Statutes, within twenty days from the date of this order.If this court does not receive either of the above within the prescribed time, this appeal may be subject to dismissal without further notice. |
| Docket Date | 2023-11-02 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgment Letter 1 |
| Docket Date | 2023-11-01 |
| Type | Notice |
| Subtype | Notice of Appeal |
| Description | Notice of Appeal Filed ~ W/ORDER |
| On Behalf Of | PHYSICIANS GROUP, LLC |
| Docket Date | 2023-11-01 |
| Type | Misc. Events |
| Subtype | Fee Status |
| Description | FP:Fee Paid Through Portal |
| Docket Date | 2023-12-12 |
| Type | Order |
| Subtype | Order on Motion to Supplement Record |
| Description | ORDER GRANTING MOTION TO SUPPLEMENT THE RECORD ~ Appellant's motion to supplement the record is granted, and appellant shall makearrangements within three days with the clerk of the lower tribunal for thesupplementation of the record with the items mentioned in the motion, with thesupplemental record to be filed in this court within twenty-five days from the date of thisorder. |
| Docket Date | 2023-12-12 |
| Type | Motions Relating to Records |
| Subtype | Motion to Supplement Record |
| Description | Motion Supplem/Record with/Attached |
| On Behalf Of | PHYSICIANS GROUP, LLC |
| Docket Date | 2023-11-30 |
| Type | Order |
| Subtype | Order on Motion to Relinquish Jurisdiction |
| Description | ORDER GRANTING RELINQUISH JURISDICTION ~ This court has not yet received the record on appeal and makes no determination at this time about the finality of the order appealed. Appellant's motion to relinquish jurisdiction is granted to the extent necessary for 60 days to allow the trial court to enter a final appealable order and to rule on "Plaintiff's Motion for Reconsideration/ Rehearing of Defendant's Motion to Dismiss Plaintiff's Supplemental/Amended Complaint for Bad Faith." Appellant shall file in this court a copy of the resulting orders or a status report within 60 days from the date of this order. |
| Classification | NOA Final - Circuit Civil - Other |
| Court | 3rd District Court of Appeal |
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County 22-16208 |
Parties
| Name | GRANADA INSURANCE COMPANY |
| Role | Appellant |
| Status | Active |
| Representations | Daniel J. Bujan, John Bond Atkinson |
| Name | J KIM LOGISTIC INC |
| Role | Appellee |
| Status | Active |
| Representations | Leslie Perez Perez |
| Name | Gelvis Delgado Penton |
| Role | Appellee |
| Status | Active |
| Name | Jerlis Fardales Delgado |
| Role | Appellee |
| Status | Active |
| Name | Filomena Ramriez |
| Role | Appellee |
| Status | Active |
| Representations | Jon Eric Sorensen |
| Name | INFINITY INDEMNITY INSURANCE COMPANY |
| Role | Appellee |
| Status | Active |
| Name | Yoslany De Valle Goitia De Garcia |
| Role | Appellee |
| Status | Active |
| Representations | Nicholas A. Chiappetta |
| Name | Alejandro Rodriguez Martinez |
| Role | Appellee |
| Status | Active |
| Name | Hon. Beatrice Butchko |
| Role | Judge/Judicial Officer |
| Status | Active |
| Name | Miami-Dade Clerk |
| Role | Lower Tribunal Clerk |
| Status | Active |
Docket Entries
| Docket Date | 2024-07-11 |
| Type | Mandate |
| Subtype | Disp. w/o Mandate |
| Description | Disp. w/o Mandate |
| Docket Date | 2024-07-11 |
| Type | Misc. Events |
| Subtype | West Publishing |
| Description | West Publishing |
| Docket Date | 2024-07-10 |
| Type | Motions Other |
| Subtype | Motion/Notice Voluntary Dismissal |
| Description | Plaintiff's Notice Voluntary Dismissal without Prejudice |
| On Behalf Of | Granada Insurance Company |
| View | View File |
| Docket Date | 2024-06-06 |
| Type | Response |
| Subtype | Response |
| Description | Appellant's Response to this Honorable Court's Order Requesting a Report |
| On Behalf Of | Granada Insurance Company |
| View | View File |
| Docket Date | 2024-05-20 |
| Type | Order |
| Subtype | Order to File Status Report |
| Description | The parties are requested to file a status report in this cause within ten (10) days of the date of this Order. |
| View | View File |
| Docket Date | 2024-04-30 |
| Type | Order |
| Subtype | Order |
| Description | Appellant's Response, filed on April 24, 2024, is noted. |
| View | View File |
| Docket Date | 2024-04-24 |
| Type | Response |
| Subtype | Response |
| Description | Appellant's Response to this Honorable Court's Order Requesting a Report |
| On Behalf Of | Granada Insurance Company |
| View | View File |
| Docket Date | 2023-12-14 |
| Type | Response |
| Subtype | Response |
| Description | Appellant's Response to this Honorable Court's Order Requesting a Status Report |
| On Behalf Of | Granada Insurance Company |
| View | View File |
| Docket Date | 2023-11-28 |
| Type | Order |
| Subtype | Order to File Status Report |
| Description | Appellant is requested to file a status report in this cause within ten (10) days of the date of this Order. |
| View | View File |
| Docket Date | 2023-10-02 |
| Type | Record |
| Subtype | Record on Appeal |
| Description | Record on Appeal |
| On Behalf Of | Miami-Dade Clerk |
| Docket Date | 2023-09-27 |
| Type | Order |
| Subtype | Order on Motion to Stay |
| Description | Upon consideration of Appellant's Response to the Court's Order to Show Cause and Motion to Stay Appeal Pending Ruling on the Motion for rehearing, the appeal shall proceed. The appellate proceedings are hereby temporarily stayed for a period of thirty (30) days from the date of this Order for the purpose(s) stated in the Motion to Stay. |
| View | View File |
| Docket Date | 2023-08-22 |
| Type | Motions Other |
| Subtype | Motion To Stay |
| Description | Motion To Stay ~ Appeal Pending Ruling on Appellant's Motion for Rehearing in Lower Court |
| On Behalf Of | Granada Insurance Company |
| View | View File |
| Docket Date | 2023-08-22 |
| Type | Response |
| Subtype | Response |
| Description | RESPONSE ~ Appellant's Response to this Court's Order to Show Cause |
| On Behalf Of | Granada Insurance Company |
| View | View File |
| Docket Date | 2024-04-11 |
| Type | Misc. Events |
| Subtype | Status Report |
| Description | Appellant's Response to this Honorable Court's Order Requesting a Status Report |
| On Behalf Of | Granada Insurance Company |
| View | View File |
| Docket Date | 2023-07-31 |
| Type | Notice |
| Subtype | Notice of Filing |
| Description | Notice of Filing ~ certificate of service |
| On Behalf Of | Granada Insurance Company |
| View | View File |
| Docket Date | 2023-07-31 |
| Type | Misc. Events |
| Subtype | Case Filing Fee Paid through Portal |
| Description | Case Filing Fee Paid Through Portal |
| On Behalf Of | Granada Insurance Company |
| View | View File |
| Docket Date | 2023-07-21 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgment Letter ~ Acknowledgment of new case with attachments. |
| View | View File |
| Docket Date | 2023-07-21 |
| Type | Order |
| Subtype | Order on Filing Fee |
| Description | Order to pay filing fee-civil w/atty (OR14B) ~ This is to notify counsel for Appellant that the filing and prosecution of a notice of appeal in this Court is not acceptable without compliance with the Florida Rules of Appellate Procedure. Therefore, this appeal will be dismissed unless the required three hundred dollar ($300.00) fee is paid to the Clerk of the Court on or before July 31, 2023. |
| Docket Date | 2023-07-21 |
| Type | Misc. Events |
| Subtype | Fee Status |
| Description | FP:Fee Paid Through Portal |
| Docket Date | 2023-07-21 |
| Type | Notice |
| Subtype | Notice of Appeal Transmittal Form |
| Description | Notice of Transmittal--NOA |
| On Behalf Of | Granada Insurance Company |
| View | View File |
| Docket Date | 2024-07-11 |
| Type | Disposition by Order |
| Subtype | Dismissed |
| Description | IT IS HEREBY ORDERED that Appellant's Notice of Voluntary Dismissal is recognized by the Court, and this appeal from the Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County, Florida, is hereby dismissed. |
| View | View File |
| Docket Date | 2024-04-12 |
| Type | Order |
| Subtype | Order on Motion to Stay |
| Description | Appellant's request to stay this appeal, filed on April 10, 2024, is granted, and the appellate proceedings are hereby abated for a period of forty-five (45) days from the date of this Order. This appeal and the motion for rehearing have been pending for over six (6) months which would normally be a more than adequate time to have the motion for rehearing set and ruled upon. The appellant is directed, within ten (10) days from the date of this Order, to file a report indicating the date that the rehearing is set for hearing in the next thirty (30) days or explaining the failure to have it so set. |
| View | View File |
| Docket Date | 2024-04-04 |
| Type | Order |
| Subtype | Order to File Status Report |
| Description | Appellant is requested to file a status report in this cause within ten (10) days of the date of this Order. |
| View | View File |
| Docket Date | 2023-08-16 |
| Type | Order |
| Subtype | Show Cause |
| Description | Show Cause Why App.Shldn't be DATFANAO(OR12G) ~ Inasmuch as the order below merely grants a motion to dismiss rather than dismissing the case, the parties are ordered to show cause, within ten (10) days from the date of this Order, as to why this appeal should not be dismissed for lack of jurisdiction. See GMI, LLC v. Asociacion del Futbol Argentino, 174 So. 3d 500, 501 (Fla. 3DCA 2015) ("An order that merely grants a motion to dismiss is not a final order."). |
| Classification | NOA Final - County Small Claims - PIP |
| Court | 4th District Court of Appeal |
| Originating Court |
County Court for the Seventeenth Judicial Circuit, Broward County COINX2226290 |
Parties
| Name | EMPIRE IMAGING INC. |
| Role | Appellant |
| Status | Active |
| Representations | Chad Andrew Barr |
| Name | INFINITY INDEMNITY INSURANCE COMPANY |
| Role | Appellee |
| Status | Active |
| Representations | Jared Rosenberg, Leslie Goodman, Julia Sturgill, Gladys Perez Villanueva |
| Name | Hon. Kal Evans |
| Role | Judge/Judicial Officer |
| Status | Active |
| Name | Clerk - Broward |
| Role | Lower Tribunal Clerk |
| Status | Active |
Docket Entries
| Docket Date | 2023-08-22 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to Serve Initial Brief |
| Description | ORD-Initial Brief to be Served ~ ORDERED that appellant's August 18, 2023 motion for extension of time is granted in part. Appellant shall serve the initial brief within ten (10) 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 will be subject to dismissal or the court in its discretion may impose other sanctions. Appellant is advised that no further extensions will be granted absent a detailed explanation for why the initial brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant. Attorney workload does not constitute extraordinary circumstances which justifies a further extension of time. |
| Docket Date | 2023-03-08 |
| 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 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 that 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 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 lower tribunal clerk's determination of indigent status is filed. |
| Docket Date | 2024-04-04 |
| Type | Misc. Events |
| Subtype | West Publishing |
| Description | West Publishing |
| Docket Date | 2024-04-04 |
| Type | Mandate |
| Subtype | Mandate |
| Description | Mandate |
| View | View File |
| Docket Date | 2024-03-14 |
| Type | Order |
| Subtype | Order on Motion For Attorney's Fees |
| Description | Order on Motion For Attorney's Fees |
| View | View File |
| Docket Date | 2024-03-14 |
| Type | Disposition by Opinion |
| Subtype | Affirmed |
| Description | Affirmed |
| View | View File |
| Docket Date | 2024-02-24 |
| Type | Brief |
| Subtype | Reply Brief |
| Description | Reply Brief |
| On Behalf Of | Empire Imaging, Inc. |
| View | View File |
| Docket Date | 2024-02-22 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to Serve Reply Brief |
| Description | Order on Motion for Extension of Time to Serve Reply Brief |
| View | View File |
| Docket Date | 2024-02-21 |
| Type | Notice |
| Subtype | Notice of Supplemental Authority |
| Description | Notice of Supplemental Authority |
| Docket Date | 2024-02-19 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to Serve Reply Brief |
| Description | Motion for Extension of Time to Serve Reply Brief |
| Docket Date | 2024-01-18 |
| Type | Order |
| Subtype | Order on Motion/Request for Oral Argument |
| Description | Order on Motion/Request for Oral Argument |
| View | View File |
| Docket Date | 2024-01-16 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to Serve Reply Brief |
| Description | Motion for Extension of Time to Serve Reply Brief |
| Docket Date | 2023-12-15 |
| Type | Brief |
| Subtype | Answer Brief |
| Description | Answer Brief |
| View | View File |
| Docket Date | 2023-12-15 |
| Type | Motion |
| Subtype | Request-Oral Argument |
| Description | Request for Oral Argument |
| View | View File |
| Docket Date | 2023-10-20 |
| Type | Order |
| Subtype | Order on Agreed Extension of Time |
| Description | Order on Agreed Extension of Time -- 60 DAYS TO 12/18/23 |
| Docket Date | 2023-10-20 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time - Answer Brief |
| Description | Notice of Agreed Extension of Time - Answer Brief |
| On Behalf Of | Infinity Indemnity Insurance Company |
| Docket Date | 2023-09-22 |
| Type | Response |
| Subtype | Response |
| Description | Response to Appellant's Motion for Attorney's Fees |
| On Behalf Of | Infinity Indemnity Insurance Company |
| Docket Date | 2023-09-20 |
| Type | Brief |
| Subtype | Initial Brief |
| Description | Initial Brief |
| On Behalf Of | Empire Imaging, Inc. |
| View | View File |
| Docket Date | 2023-09-20 |
| Type | Motions Relating to Attorney Fees/Costs |
| Subtype | Motion For Attorney's Fees |
| Description | Motion For Attorney's Fees (Response filed 9/22/23). |
| On Behalf Of | Empire Imaging, Inc. |
| Docket Date | 2023-09-05 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to Serve Initial Brief |
| Description | ORD-Initial Brief to be Served ~ ORDERED that appellant's September 1, 2023 motion for extension of time is granted, and appellant shall serve the initial brief within fifteen (15) 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 will be subject to dismissal or the court in its discretion may impose other sanctions. Appellant is advised that no further extensions will be granted absent a detailed explanation for why the initial brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant. Attorney workload does not constitute extraordinary circumstances which justifies a further extension of time. |
| Docket Date | 2023-09-01 |
| 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 | Empire Imaging, Inc. |
| Docket Date | 2023-08-18 |
| 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 | Empire Imaging, Inc. |
| Docket Date | 2023-07-19 |
| 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 July 17, 2023 motion for extension of time is granted in part, 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 | 2023-07-17 |
| 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 | Empire Imaging, Inc. |
| Docket Date | 2023-06-26 |
| Type | Order |
| Subtype | Order on Motion to Supplement Record & EOT/Toll Briefing |
| Description | ORD-Allowing Attachment to Record ~ ORDERED that appellant's June 21, 2023 motion to supplement the record is granted, and the record is supplemented to include Plaintiff’s Notice of Filing including the November 16, 2022hearing transcript. Said supplemental record is deemed filed as of the date of this order. |
| Docket Date | 2023-06-26 |
| Type | Record |
| Subtype | Supplemental Record |
| Description | Supplemental Records ~ ***MOTION GRANTED*** |
| On Behalf Of | Empire Imaging, Inc. |
| Docket Date | 2023-06-21 |
| Type | Motions Relating to Records |
| Subtype | Motion to Supplement Record |
| Description | Motion To File Supplemental Record |
| On Behalf Of | Empire Imaging, Inc. |
| Docket Date | 2023-05-18 |
| 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 May 15, 2023 motion for extension of time is granted, and appellant shall serve the initial brief within sixty (60) 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 | 2023-05-15 |
| 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 | Empire Imaging, Inc. |
| Docket Date | 2023-05-02 |
| Type | Record |
| Subtype | Record on Appeal |
| Description | Received Records ~ 292 PAGES |
| On Behalf Of | Clerk - Broward |
| Docket Date | 2023-03-13 |
| Type | Notice |
| Subtype | Notice of Filing |
| Description | Notice of Filing |
| On Behalf Of | Empire Imaging, Inc. |
| Docket Date | 2023-03-10 |
| Type | Order |
| Subtype | Amended/Additional Filing(s) Needed |
| Description | Aplnt to file underlying order being appealed ~ The Notice of Appeal seeks an appeal of the order denying a motion for rehearing. An order denying a motion for rehearing is not independently appealable. Within ten (10) days from the date of this order, appellant shall submit a conformed copy of the underlying order which is the subject of the motion for rehearing for the purpose of determining whether the filing of the motion for rehearing tolled the jurisdictional time limit of the filing of the Notice of Appeal of the underlying order from which appellant seeks review. |
| Docket Date | 2023-03-09 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| On Behalf Of | Infinity Indemnity Insurance Company |
| Docket Date | 2023-03-08 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgment Letter |
| Docket Date | 2023-03-08 |
| Type | Misc. Events |
| Subtype | Case Filing Fee Paid through Portal |
| Description | Case Filing Fee Paid Through Portal |
| On Behalf Of | Empire Imaging, Inc. |
| Docket Date | 2023-03-07 |
| Type | Misc. Events |
| Subtype | Fee Status |
| Description | FP:Fee Paid Through Portal |
| Docket Date | 2023-03-07 |
| Type | Notice |
| Subtype | Notice of Appeal |
| Description | Notice of Appeal Filed |
| On Behalf Of | Empire Imaging, Inc. |
| Classification | NOA Final - County Civil - Other |
| Court | 6th District Court of Appeal |
| Originating Court |
County Court for the Ninth Judicial Circuit, Orange County 2022-CC-005700-O |
Parties
| Name | MICHELLE HEPBURN |
| Role | Appellant |
| Status | Active |
| Name | DOUGLAS RAPID REHAB, PA |
| Role | Appellant |
| Status | Active |
| Representations | CHAD A. BARR, ESQ. |
| Name | INFINITY INDEMNITY INSURANCE COMPANY |
| Role | Appellee |
| Status | Active |
| Representations | STEPHANIE FERNANDEZ, ESQ., GLADYS PEREZ-VILLANUEVA, ESQ. |
| Name | HON. ANDREW L. CAMERON |
| Role | Judge/Judicial Officer |
| Status | Active |
| Name | TIFFANY RUSSELL, CLERK |
| Role | Lower Tribunal Clerk |
| Status | Active |
Docket Entries
| Docket Date | 2024-04-26 |
| Type | Notice |
| Subtype | Notice of Supplemental Authority |
| Description | Notice of Supplemental Authority |
| On Behalf Of | INFINITY INDEMNITY INSURANCE COMPANY |
| Docket Date | 2024-04-12 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to Serve Reply Brief |
| Description | ORDER GRANTING APPELLANT'S REPLY BRIEF ~ Appellant’s motion for extension of time to serve its reply brief is granted. The reply brief shall be served within sixty days from the date of this order. No further extensions will be granted absent extenuating circumstances. |
| Docket Date | 2023-08-22 |
| Type | Order |
| Subtype | Order on Motion To Dismiss |
| Description | ORD-DENYING APPELLEE'S MOTION TO DISMISS ~ The motion to dismiss is denied. Jurisdiction is relinquished for forty-five days for the trial court to enter an order clarifying the scope of the order of dismissal without prejudice to indicate whether the order of dismissal is a final order of dismissal within the scope of the complaint on the declaratory action in lower tribunal case number 2022-CC-005700-O and whether the without prejudice language related to the initiation of a new lower tribunal case number by the filing of a new complaint therein. Within forty-five days from the date of this order, the appellant shall either provide this court with a copy of the trial court’s order establishing that this is a final, appealable order and seek to supplement the record on appeal with any order entered during the relinquishment period or shall indicate to this court that the appeal should be dismissed as premature where further action on an amended complaint within lower tribunal number 2022-CC-005700-O is required. |
| Docket Date | 2023-01-23 |
| Type | Misc. Events |
| Subtype | Case Filing Fee Paid through Portal |
| Description | Case Filing Fee Paid through Portal |
| On Behalf Of | DOUGLAS RAPID REHAB, PA |
| Docket Date | 2024-06-30 |
| Type | Notice |
| Subtype | Notice of Supplemental Authority |
| Description | Notice of Supplemental Authority |
| On Behalf Of | INFINITY INDEMNITY INSURANCE COMPANY |
| Docket Date | 2024-06-12 |
| Type | Brief |
| Subtype | Reply Brief |
| Description | Reply Brief |
| On Behalf Of | DOUGLAS RAPID REHAB, PA |
| View | View File |
| Docket Date | 2024-04-03 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to Serve Reply Brief |
| Description | Mot. for Extension of Time to File Reply Brief ~ APPELLANT'S UNOPPOSED MOTION FOR EXTENSION OF TIMETO FILE THE REPLY BRIEF |
| On Behalf Of | DOUGLAS RAPID REHAB, PA |
| Docket Date | 2024-03-04 |
| Type | Brief |
| Subtype | Answer Brief |
| Description | Appellee Answer Brief |
| On Behalf Of | INFINITY INDEMNITY INSURANCE COMPANY |
| Docket Date | 2024-02-27 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to Serve Answer Brief |
| Description | ORDER GRANTING EOT FOR ANSWER BRIEF ~ Appellee’s motion for extension of time to serve its answer brief is granted. The answer brief shall be served on or before March 20, 2024. No further extensions will be granted absent extenuating circumstances. |
| Docket Date | 2024-02-15 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to Serve Answer Brief |
| Description | Mot. for Extension of time to file Answer Brief ~ APPELLEE'S UNOPPOSED MOTION FOR EXTENSION OF TIME TO SERVE ANSWER BRIEF |
| On Behalf Of | INFINITY INDEMNITY INSURANCE COMPANY |
| Docket Date | 2024-01-05 |
| Type | Order |
| Subtype | Order |
| Description | ORD-AMENDED ORDER ~ Appellee’s motion for extension of time to serve answer brief is granted. The answer brief shall be served on or before February 19, 2024. No further extensions will be granted absent extenuating circumstances. |
| Docket Date | 2023-12-20 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to Serve Answer Brief |
| Description | Mot. for Extension of time to file Answer Brief ~ APPELLEE'S UNOPPOSED MOTION FOR EXTENSION OF TIME TO SERVE ANSWER BRIEF |
| On Behalf Of | INFINITY INDEMNITY INSURANCE COMPANY |
| Docket Date | 2023-12-04 |
| Type | Record |
| Subtype | Supplemental Record |
| Description | Supplemental Records ~ CAMERON - 8 PAGES |
| On Behalf Of | TIFFANY RUSSELL, CLERK |
| Docket Date | 2023-12-04 |
| Type | Misc. Events |
| Subtype | Status Report |
| Description | Status Report ~ on Suppl. Record |
| On Behalf Of | TIFFANY RUSSELL, CLERK |
| Docket Date | 2023-11-22 |
| Type | Order |
| Subtype | Order to File Status Report |
| Description | status report from clerk on record |
| Docket Date | 2023-10-25 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time |
| Description | Grant EOT (general)-74c ~ Appellant's motion for extension of time is granted to the extent that the trial court's order attached to the notice filed by appellant October 11, 2023, fulfills the relinquishment and this appeal is deemed ready to proceed. Appellant shall seek to supplement the record on appeal with the order entered during the relinquishment period as necessary within ten days from the date of this order. |
| Docket Date | 2023-10-23 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time |
| Description | Stipulation for Extension of Time ~ NOTICE OF AGREED EXTENSION OF TIME TO SERVE APPELLEE'SANSWER BRIEF//60 - AB DUE 12/26/23 (LAST REQUEST) |
| On Behalf Of | INFINITY INDEMNITY INSURANCE COMPANY |
| Docket Date | 2023-10-11 |
| Type | Notice |
| Subtype | Notice of Filing |
| Description | Notice of Filing ~ APPELLANT'S NOTICE OF FILING ORDER |
| On Behalf Of | DOUGLAS RAPID REHAB, PA |
| Docket Date | 2023-10-06 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time |
| Description | Motion for Extension of Time ~ APPELLANT'S UNOPPOSED MOTION FOR EXTENSION OF TIME TO COMPLY WITH COURT ORDER OF AUGUST 22, 2023 |
| On Behalf Of | DOUGLAS RAPID REHAB, PA |
| Docket Date | 2023-08-07 |
| Type | Response |
| Subtype | Response |
| Description | RESPONSE ~ APPELLANT'S RESPONSE TO APPELLEE'S MOTION TO DISMISS FOR LACK OF JURISDICTION |
| On Behalf Of | DOUGLAS RAPID REHAB, PA |
| Docket Date | 2023-08-02 |
| Type | Notice |
| Subtype | Notice |
| Description | Notice ~ NOTICE OF WITHDRAWING MOTION FOR LEAVE TO FILE REPLY TO APPELLEE'S RESPONSE TO APPELLANT'S MOTION FOR AWARD OF APPELLATE ATTORNEY'S FEES AS IMPROVIDENTLY FILED |
| On Behalf Of | DOUGLAS RAPID REHAB, PA |
| Docket Date | 2023-08-01 |
| Type | Motions Other |
| Subtype | Miscellaneous Motion |
| Description | Miscellaneous Motion ~ **WITHDRAWN-SEE 08/02/23 NOTICE**APPELLANT'S MOTION FOR LEAVE TO FILE REPLY TO APPELLEE'S RESPONSE TO APPELLANT'S MOTION FOR AWARD OF APPELLATE ATTORNEY'S FEES |
| On Behalf Of | DOUGLAS RAPID REHAB, PA |
| Docket Date | 2023-07-26 |
| Type | Response |
| Subtype | Response |
| Description | RESPONSE ~ APPELLEE'S RESPONSE TO APPELLANT'S MOTION FORAWARD OF APPELLATE ATTORNEY'S FEES |
| On Behalf Of | INFINITY INDEMNITY INSURANCE COMPANY |
| Docket Date | 2023-07-26 |
| Type | Motions Other |
| Subtype | Motion To Dismiss |
| Description | Motion To Dismiss ~ APPELLEE'S MOTION TO DISMISS FOR LACK OFJURISDICTION |
| On Behalf Of | INFINITY INDEMNITY INSURANCE COMPANY |
| Docket Date | 2023-07-17 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| On Behalf Of | INFINITY INDEMNITY INSURANCE COMPANY |
| Docket Date | 2023-07-11 |
| Type | Brief |
| Subtype | Initial Brief |
| Description | Initial Appellant Brief on Merits |
| On Behalf Of | DOUGLAS RAPID REHAB, PA |
| Docket Date | 2023-07-11 |
| Type | Motions Relating to Attorney Fees/Costs |
| Subtype | Motion For Attorney's Fees |
| Description | Motion For Attorney's Fees |
| On Behalf Of | DOUGLAS RAPID REHAB, PA |
| Docket Date | 2023-05-22 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance ~ AND DESIGNATION OF E-MAIL ADDRESSES |
| On Behalf Of | INFINITY INDEMNITY INSURANCE COMPANY |
| Docket Date | 2023-05-12 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to Serve Initial Brief |
| Description | ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellant's motion for extension of time to serve initial brief is granted. The initial brief shall be served within sixty days from the date of this order. No further extensions will be granted absent extenuating circumstances. |
| Docket Date | 2023-05-01 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to Serve Initial Brief |
| Description | Mot. for Extension of time to file Initial Brief ~ APPELLANT'S UNOPPOSED MOTION FOR EXTENSION OF TIMETO FILE THE INITIAL BRIEF |
| On Behalf Of | DOUGLAS RAPID REHAB, PA |
| Docket Date | 2023-03-02 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to Serve Initial Brief |
| Description | ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellant’s motion for extension of time to file initial brief is granted. The initial brief shall be served within sixty days from the date of this order. |
| Docket Date | 2023-02-22 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to Serve Initial Brief |
| Description | Mot. for Extension of time to file Initial Brief ~ UNOPPOSED MOTION FOR EXTENSION OF TIMETO FILE THE INITIAL BRIEF |
| On Behalf Of | DOUGLAS RAPID REHAB, PA |
| Docket Date | 2023-02-02 |
| Type | Record |
| Subtype | Record on Appeal |
| Description | Received Records ~ CAMERON - 119 PAGES |
| On Behalf Of | TIFFANY RUSSELL, CLERK |
| Docket Date | 2023-01-03 |
| Type | Order |
| Subtype | Order on Filing Fee |
| Description | fee - civil; atty |
| Docket Date | 2023-01-03 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgment Letter 1 |
| Docket Date | 2023-01-03 |
| Type | Misc. Events |
| Subtype | Fee Status |
| Description | FP:Fee Paid Through Portal |
| Docket Date | 2023-01-03 |
| Type | Notice |
| Subtype | Notice of Appeal |
| Description | Notice of Appeal Filed ~ WITH ORDER |
| On Behalf Of | DOUGLAS RAPID REHAB, PA |
| Classification | NOA Final - County Small Claims - PIP |
| Court | 4th District Court of Appeal |
| Originating Court |
County Court for the Seventeenth Judicial Circuit, Broward County COSO20-010196 |
Parties
| Name | WELLNESS REHAB OF SOUTH FLORIDA INC. |
| Role | Appellant |
| Status | Active |
| Representations | Robert William Morris, Crystal L. Eiffert |
| Name | Reinaldo Gomes |
| Role | Appellant |
| Status | Active |
| Name | INFINITY INDEMNITY INSURANCE COMPANY |
| Role | Appellee |
| Status | Active |
| Representations | Julia Sturgill, Gladys Perez Villanueva, Leslie Goodman |
| Name | Hon. Corey Amanda Cawthon |
| Role | Judge/Judicial Officer |
| Status | Active |
| Name | Clerk - Broward |
| Role | Lower Tribunal Clerk |
| Status | Active |
Docket Entries
| Docket Date | 2023-08-21 |
| Type | Misc. Events |
| Subtype | West Publishing |
| Description | West Publishing |
| Docket Date | 2023-08-18 |
| Type | Mandate |
| Subtype | Mandate |
| Description | Mandate |
| Docket Date | 2023-07-28 |
| Type | Order |
| Subtype | Order on Motion for Rehearing En Banc |
| Description | Order Denying Rehearing En Banc ~ ORDERED that appellant's June 16, 2023 motion for rehearing and rehearing en banc is denied. |
| Docket Date | 2023-06-20 |
| Type | Response |
| Subtype | Response |
| Description | Response ~ TO MOTION FOR REHEARING/REHEARNG EN BANC |
| On Behalf Of | Infinity Indemnity Insurance Company |
| Docket Date | 2023-06-16 |
| Type | Post-Disposition Motions |
| Subtype | Motion for Rehearing |
| Description | Motion for Rehearing / Rehearing En Banc |
| On Behalf Of | Wellness Rehab of South Florida Inc. |
| Docket Date | 2023-06-01 |
| Type | Order |
| Subtype | Order on Motion For Attorney's Fees |
| Description | Deny Attorney's Fees ~ ORDERED that appellant’s March 9, 2023 motion for appellate attorney's fees is denied. |
| Docket Date | 2023-06-01 |
| Type | Disposition by Opinion |
| Subtype | Affirmed |
| Description | Affirmed - Per Curiam Affirmed |
| Docket Date | 2023-03-09 |
| Type | Brief |
| Subtype | Reply Brief |
| Description | Appellant's Reply Brief |
| On Behalf Of | Wellness Rehab of South Florida Inc. |
| Docket Date | 2023-03-09 |
| Type | Motions Relating to Attorney Fees/Costs |
| Subtype | Motion For Attorney's Fees |
| Description | Motion For Attorney's Fees |
| On Behalf Of | Wellness Rehab of South Florida Inc. |
| Docket Date | 2023-02-22 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time - Reply Brief |
| Description | Notice of Agreed Extension - Reply Brief |
| On Behalf Of | Wellness Rehab of South Florida Inc. |
| Docket Date | 2023-02-22 |
| Type | Order |
| Subtype | Order on Agreed Extension of Time |
| Description | Recognizing Agreed Extension of Time ~ 15 DAYS TO 3/9/23 |
| Docket Date | 2023-01-23 |
| Type | Brief |
| Subtype | Answer Brief |
| Description | Appellee's Answer Brief |
| On Behalf Of | Infinity Indemnity Insurance Company |
| Docket Date | 2022-12-08 |
| Type | Order |
| Subtype | Order on Agreed Extension of Time |
| Description | Recognizing Agreed Extension of Time ~ 60 DAYS TO 2/7/23 |
| Docket Date | 2022-12-08 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time - Answer Brief |
| Description | Notice of Agreed Extension - Answer Brief |
| On Behalf Of | Infinity Indemnity Insurance Company |
| Docket Date | 2022-11-09 |
| Type | Brief |
| Subtype | Initial Brief |
| Description | Initial Brief on Merits |
| On Behalf Of | Wellness Rehab of South Florida Inc. |
| Docket Date | 2022-11-08 |
| Type | Order |
| Subtype | Show Cause |
| Description | Show Cause Lack of Prosecution, Initial Brief ~ ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, on or before November 18, 2022, why the above-styled case should not be dismissed for lack of timely prosecution, in that appellant's 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 | 2022-09-30 |
| Type | Record |
| Subtype | Supplemental Record |
| Description | Supplemental Records ~ 387 PAGES |
| On Behalf Of | Clerk - Broward |
| Docket Date | 2022-09-07 |
| Type | Order |
| Subtype | Order on Motion to Supplement Record & EOT/Toll Briefing |
| Description | Order Granting Motion to Supplement the Record ~ ORDERED that appellant's September 6, 2022 motion to supplement the record 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. Appellant shall monitor the supplementation process. |
| Docket Date | 2022-09-06 |
| Type | Motions Relating to Records |
| Subtype | Motion to Supplement Record |
| Description | Motion To File Supplemental Record |
| On Behalf Of | Wellness Rehab of South Florida Inc. |
| Docket Date | 2022-09-02 |
| Type | Order |
| Subtype | Order on Motion to Supplement Record & EOT/Toll Briefing |
| Description | ORD-deny motion to supplement per 9.300(a) ~ ORDERED that appellant's September 1, 2022 motion to supplement the record is denied without prejudice for failure to comply with Florida Rule of Appellate Procedure 9.300(a). See also this court's Notice to Attorneys and to Parties Representing Themselves, Paragraph 1. |
| Docket Date | 2022-09-01 |
| Type | Motions Relating to Records |
| Subtype | Motion to Supplement Record |
| Description | Motion To File Supplemental Record |
| On Behalf Of | Wellness Rehab of South Florida Inc. |
| Docket Date | 2022-07-05 |
| Type | Order |
| Subtype | Order on Agreed Extension of Time |
| Description | Recognizing Agreed Extension of Time ~ 60 DAYS TO 9/5/22. |
| Docket Date | 2022-07-05 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time - Initial Brief |
| Description | Notice of Agreed Extension - Initial Brief |
| On Behalf Of | Wellness Rehab of South Florida Inc. |
| Docket Date | 2022-05-26 |
| Type | Record |
| Subtype | Record on Appeal |
| Description | Received Records ~ 829 PAGES |
| On Behalf Of | Clerk - Broward |
| Docket Date | 2022-05-06 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| On Behalf Of | Infinity Indemnity Insurance Company |
| Docket Date | 2022-05-03 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| On Behalf Of | Infinity Indemnity Insurance Company |
| Docket Date | 2022-05-02 |
| 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 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 that 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 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 lower tribunal clerk's determination of indigent status is filed. |
| Docket Date | 2022-05-02 |
| Type | Misc. Events |
| Subtype | Fee Status |
| Description | FP:Fee Paid Through Portal |
| On Behalf Of | Wellness Rehab of South Florida Inc. |
| Docket Date | 2022-05-02 |
| Type | Notice |
| Subtype | Notice of Appeal |
| Description | Notice of Appeal Filed |
| On Behalf Of | Wellness Rehab of South Florida Inc. |
| Docket Date | 2022-05-02 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgment Letter |
| Classification | NOA Final - County Civil - Other |
| Court | 4th District Court of Appeal |
| Originating Court |
County Court for the Seventeenth Judicial Circuit, Broward County COCE17-005677 Circuit Court for the Seventeenth Judicial Circuit, Broward County CACE19-006211 |
Parties
| Name | Joseph Carlo |
| Role | Appellant |
| Status | Active |
| Name | PLANTATION OPEN MRI LLC |
| Role | Appellant |
| Status | Active |
| Representations | Sean Storani, Jose Font, Douglas H. Stein |
| Name | INFINITY INDEMNITY INSURANCE COMPANY |
| Role | Appellee |
| Status | Active |
| Representations | Gladys Perez Villanueva, Leslie Goodman, Daniel E. Nordby |
| Name | Hon. Giuseppina Miranda |
| Role | Judge/Judicial Officer |
| Status | Active |
| Name | Clerk - Broward |
| Role | Lower Tribunal Clerk |
| Status | Active |
Docket Entries
| Docket Date | 2021-01-20 |
| Type | Disposition |
| Subtype | Dismissed |
| Description | Dismissed - Order by Clerk |
| Docket Date | 2021-01-20 |
| Type | Order |
| Subtype | Order |
| Description | Miscellaneous Order ~ ORDERED, upon review of the documents transferred from the circuit court, this case is closed as the case is now completed. |
| Docket Date | 2021-01-15 |
| Type | Motions Other |
| Subtype | Motion/Notice Voluntary Dismissal |
| Description | Notice of Voluntary Dismissal |
| On Behalf Of | Plantation Open MRI, LLC |
| Docket Date | 2021-01-14 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgment Letter |
| Docket Date | 2021-01-12 |
| Type | Misc. Events |
| Subtype | Fee Status |
| Description | NF:Not Required |
| Docket Date | 2021-01-12 |
| Type | Notice |
| Subtype | Circuit Court Appeal Documents |
| Description | Circuit Court Appeal Documents |
| On Behalf Of | Plantation Open MRI, LLC |
| Docket Date | 2021-01-12 |
| Type | Record |
| Subtype | Record on Appeal |
| Description | Received Records |
| Classification | NOA Final - Circuit Civil - Other |
| Court | 4th District Court of Appeal |
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County COCE18004752 |
Parties
| Name | PLANTATION OPEN MRI LLC |
| Role | Appellant |
| Status | Active |
| Representations | Jose Font, Douglas H. Stein, Sean Storani |
| Name | EMILIO PEREZ, LLC |
| Role | Appellant |
| Status | Active |
| Name | INFINITY INDEMNITY INSURANCE COMPANY |
| Role | Appellee |
| Status | Active |
| Representations | Leslie Goodman, Gladys Perez Villanueva, Garrett Tozier, Suzanne Y. Labrit, Sean Storani |
| Name | Hon. Florence Taylor Barner |
| Role | Judge/Judicial Officer |
| Status | Active |
| Name | Clerk - Broward |
| Role | Lower Tribunal Clerk |
| Status | Active |
Docket Entries
| Docket Date | 2020-06-12 |
| Type | Response |
| Subtype | Response |
| Description | Response |
| On Behalf Of | Infinity Indemnity Insurance Company |
| Docket Date | 2020-08-05 |
| Type | Order |
| Subtype | Order on Motion To Withdraw as Counsel |
| Description | ORD-Withdraw as Counsel ~ ORDERED that the August 3, 2020 motion of Suzanne Y. Labrit, Esquire, counsel for appellee, to withdraw as counsel is granted. This court notes the August 4, 2020 appearance of Daniel Nordby, Esquire as counsel of record for appellee. |
| Docket Date | 2020-08-04 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| On Behalf Of | Infinity Indemnity Insurance Company |
| Docket Date | 2020-08-03 |
| Type | Motions Relating to Parties and Counsel |
| Subtype | Motion To Withdraw as Counsel |
| Description | Motion To Withdraw as Counsel |
| On Behalf Of | Infinity Indemnity Insurance Company |
| Docket Date | 2020-07-07 |
| Type | Misc. Events |
| Subtype | Oral Argument Date Set |
| Description | Oral Argument Date Set ~ 4DCA |
| Docket Date | 9999-08-12 |
| Type | Misc. Events |
| Subtype | Miscellaneous Docket Entry |
| Description | Miscellaneous Entry/Document ~ ***4D19-1398, 4D19-2260, 4D19-2261, 4D19-2264, 4D19-2265, 4D19-2277, 4D19-2278, 4D19-2282, 4D19-2283, 4D19-2284, 4D19-2285, 4D19-2286, 4D19-2333, 4D19-2382, 4D19-2385 ARE CONSOLIDATED FOR ALL PURPOSES. SEE 4D19-1398 FOR ALL FUTURE DOCKET ENTRIES.*** |
| Docket Date | 2222-09-24 |
| Type | Misc. Events |
| Subtype | Miscellaneous Docket Entry |
| Description | Miscellaneous Entry/Document ~ **CASES 19-1398 AND 19-2611 ARE CONSOLIDATED FOR ALL PURPOSES AND SHALL PROCEED UNDER CASE 19-1398. SEE 09/24/2019 ORDER.** |
| Docket Date | 2020-10-09 |
| Type | Mandate |
| Subtype | Mandate |
| Description | Mandate |
| Docket Date | 2020-10-09 |
| Type | Misc. Events |
| Subtype | West Publishing |
| Description | West Publishing |
| Docket Date | 2020-09-23 |
| Type | Order |
| Subtype | Order on Motion For Attorney's Fees |
| Description | Deny Attorney's Fees ~ ORDERED that appellant Plantation Open MRI, LLC a/a/o Sammy Brown’s September 25, 2019 motion for attorney's fees is denied. |
| Docket Date | 2020-09-23 |
| Type | Disposition by Opinion |
| Subtype | Affirmed |
| Description | Affirmed - Authored Opinion |
| Docket Date | 2020-06-30 |
| Type | Notice |
| Subtype | Notice of Supplemental Authority |
| Description | Notice of Supplemental Authority |
| On Behalf Of | Infinity Indemnity Insurance Company |
| Docket Date | 2020-06-09 |
| Type | Order |
| Subtype | Order Re: Video Oral Argument |
| Description | Order Re: Video Oral Argument ~ Given the evolving situation surrounding the COVID-19 virus, the in-person oral arguments now scheduled at the Court on July 7, 2020 are cancelled. So as not to delay the disposition of the cases, the court will conduct oral argument through Zoom video conference on that date. The week before oral argument the Clerk of the Court will provide connection instructions. Should both parties file a stipulation by noon on Monday, June 15, 2020 that they waive oral argument, the court will then decide the case based upon the briefs. If the parties do not stipulate to waive oral argument, then they shall file a notice by noon on June 15, 2020 which: (1) identifies the attorneys who will be arguing the case; and (2) provides the direct contact information for those attorneys. |
| Docket Date | 2020-05-14 |
| Type | Order |
| Subtype | Order on Motion/Request for Oral Argument |
| Description | ORD-Setting Oral Argument ~ This case is set for Oral Argument on July 7, 2020, at 10:10 A.M. for 10 minutes per side. If a side anticipates more than two attorneys sitting at counsel table during oral argument, it shall contact the Marshal’s Office by phone at least two business days before the oral argument session. The court calendars can be viewed on this court's website at HYPERLINK "http://www.4dca.org" www.4dca.org. Given the evolving situation surrounding the COVID-19 virus, the court may reschedule this oral argument or conduct oral argument by remote means.Attorneys not registered with this court’s eDCA and pro se parties are required to file a "Notice of Receipt of Oral Argument" within ten (10) days from the date of this order, acknowledging they have received this order. |
| Docket Date | 2020-04-15 |
| Type | Response |
| Subtype | Response |
| Description | Response ~ *SUPPLEMENTAL* |
| On Behalf Of | Plantation Open MRI, LLC |
| Docket Date | 2020-04-14 |
| Type | Record |
| Subtype | Record on Appeal |
| Description | Received Records ~ 759 PAGES |
| On Behalf Of | Clerk - Broward |
| Docket Date | 2020-04-03 |
| Type | Response |
| Subtype | Response |
| Description | Response |
| On Behalf Of | Plantation Open MRI, LLC |
| Docket Date | 2020-04-02 |
| Type | Order |
| Subtype | Show Cause |
| 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 April 17, 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. |
| Docket Date | 2020-03-18 |
| Type | Brief |
| Subtype | Reply Brief |
| Description | Appellant's Reply Brief |
| On Behalf Of | Plantation Open MRI, LLC |
| Docket Date | 2020-03-03 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time - Reply Brief |
| Description | Notice of Agreed Extension - Reply Brief |
| On Behalf Of | Plantation Open MRI, LLC |
| Docket Date | 2020-02-03 |
| Type | Record |
| Subtype | Appendix |
| Description | Appendix to Brief |
| On Behalf Of | Infinity Indemnity Insurance Company |
| Docket Date | 2020-02-03 |
| Type | Brief |
| Subtype | Answer Brief |
| Description | Appellee's Answer Brief |
| On Behalf Of | Infinity Indemnity Insurance Company |
| Docket Date | 2020-01-22 |
| 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 | Infinity Indemnity Insurance Company |
| Docket Date | 2019-12-19 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time - Answer Brief |
| Description | Notice of Agreed Extension - Answer Brief |
| On Behalf Of | Infinity Indemnity Insurance Company |
| Docket Date | 2019-10-18 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time - Answer Brief |
| Description | Notice of Agreed Extension - Answer Brief |
| On Behalf Of | Infinity Indemnity Insurance Company |
| Docket Date | 2019-10-03 |
| Type | Motions Relating to Attorney Fees/Costs |
| Subtype | Motion For Attorney's Fees |
| Description | Motion For Attorney's Fees ~ **2ND AMENDED** |
| On Behalf Of | Infinity Indemnity Insurance Company |
| Docket Date | 2019-10-02 |
| Type | Response |
| Subtype | Response |
| Description | Response ~ TO MOTION FOR APPELLATE ATTORNEY'S FEES |
| On Behalf Of | Infinity Indemnity Insurance Company |
| Docket Date | 2019-10-02 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| On Behalf Of | Infinity Indemnity Insurance Company |
| Docket Date | 2019-09-25 |
| Type | Motions Relating to Oral Argument |
| Subtype | Motion/Request for Oral Argument |
| Description | Request for Oral Argument |
| On Behalf Of | Plantation Open MRI, LLC |
| Docket Date | 2019-09-25 |
| Type | Order |
| Subtype | Order on Motion to Supplement Record & EOT/Toll Briefing |
| Description | ORD-Allowing Attachment to Record ~ ORDERED that the appellant’s (Plantation Open MRI, LLC a/a/o Sammy Brown) September 24, 2019 motion to supplement the record is granted, and the record is supplemented to include the hearing transcript dated March 5, 2019 and hearing transcript date April 23, 2019. Said supplemental record is deemed filed as of the date of this order. |
| Docket Date | 2019-09-25 |
| Type | Brief |
| Subtype | Initial Brief |
| Description | Initial Brief on Merits |
| On Behalf Of | Plantation Open MRI, LLC |
| Docket Date | 2019-09-25 |
| Type | Motions Relating to Attorney Fees/Costs |
| Subtype | Motion For Attorney's Fees |
| Description | Motion For Attorney's Fees |
| On Behalf Of | Plantation Open MRI, LLC |
| Docket Date | 2019-09-24 |
| Type | Record |
| Subtype | Supplemental Record |
| Description | Supplemental Records ~ ***MOTION GRANTED 9/24/19*** |
| On Behalf Of | Plantation Open MRI, LLC |
| Docket Date | 2019-09-24 |
| Type | Motions Relating to Records |
| Subtype | Motion to Supplement Record |
| Description | Motion To File Supplemental Record |
| On Behalf Of | Plantation Open MRI, LLC |
| Docket Date | 2019-08-30 |
| Type | Post-Disposition Motions |
| Subtype | Motion for Rehearing |
| Description | Motion For Rehearing ~ AND/OR REINSTATE (IN RE:19-2265) |
| On Behalf Of | Plantation Open MRI, LLC |
| Docket Date | 2019-08-30 |
| Type | Order |
| Subtype | Order on Motion for Rehearing |
| Description | ORD-Granting Rehearing ~ ORDERED that the appellant’s August 30, 2019 “motion for rehearing of order dismissing appeal and/or reinstate appeal” is granted. Case number 4D19-2265 is reinstated. |
| Docket Date | 2019-08-30 |
| Type | Misc. Events |
| Subtype | Case Filing Fee Paid through Portal |
| Description | Case Filing Fee Paid Through Portal |
| On Behalf Of | Plantation Open MRI, LLC |
| Docket Date | 2019-08-27 |
| Type | Brief |
| Subtype | Memorandum Brief |
| Description | Memorandum Brief ~ (FOR 19-2611) |
| On Behalf Of | Plantation Open MRI, LLC |
| Docket Date | 2019-08-21 |
| Type | Disposition by Order |
| Subtype | Dismissed |
| Description | ORD-Sua Sponte Dismiss-No Filing Fee ~ In case number 4D19-2265, on July 19, 2019, this court ordered the appellant to pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days. The filing fee has still not been paid as to this specific case. Therefore, it is ORDERED that case number 4D19-2265 is dismissed for nonpayment of the $300.00 filing fee. |
| Docket Date | 2019-08-16 |
| Type | Response |
| Subtype | Response |
| Description | Response |
| On Behalf Of | Plantation Open MRI, LLC |
| Docket Date | 2019-08-13 |
| Type | Motions Relating to Attorney Fees/Costs |
| Subtype | Motion For Attorney's Fees |
| Description | Motion For Attorney's Fees ~ **AMENDED** |
| On Behalf Of | Infinity Indemnity Insurance Company |
| Docket Date | 2019-08-12 |
| Type | Order |
| Subtype | Order |
| Description | Miscellaneous Order ~ Upon consideration of appellants’ memorandum brief and appellee’s response, it is ORDERED that this court accepts jurisdiction of this case, pursuant to Florida Rule of Appellate Procedure 9.160(e)(2). Further,ORDERED sua sponte that case numbers 4D19-1398, 4D19-2260, 4D19-2261, 4D19-2264, 4D19-2265, 4D19-2277, 4D19-2278, 4D19-2282, 4D19-2283, 4D19-2284, 4D19-2285, 4D19-2286, 4D19-2333, 4D19-2382, 4D19-2385 are now consolidated for all purposes. The parties shall proceed with the preparation of the record and briefing in accordance with Florida Rules of Appellate Procedure 9.160(g) and (h). The consolidated cases shall proceed under case number 4D19-1398. Further,ORDERED that appellants shall file a response, within five (5) days from the date of this order indicating whether they intend to file one consolidated initial brief or individual briefs. Further,ORDERED that the proceedings in the trial court are stayed pending further order of this court. |
| Docket Date | 2019-08-09 |
| Type | Misc. Events |
| Subtype | Case Filing Fee Paid through Portal |
| Description | Case Filing Fee Paid Through Portal |
| On Behalf Of | Plantation Open MRI, LLC |
| Docket Date | 2019-08-08 |
| Type | Notice |
| Subtype | Notice of Related Case or Issue |
| Description | Notice of Similar Case Pending |
| On Behalf Of | Infinity Indemnity Insurance Company |
| Docket Date | 2019-08-05 |
| Type | Response |
| Subtype | Response |
| Description | Response ~ TO MEMORANDUM OF LAW ON JURISDICTION |
| On Behalf Of | Infinity Indemnity Insurance Company |
| Docket Date | 2019-08-01 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| On Behalf Of | Infinity Indemnity Insurance Company |
| Docket Date | 2019-07-31 |
| Type | Brief |
| Subtype | Memorandum Brief |
| Description | Memorandum Brief |
| On Behalf Of | Plantation Open MRI, LLC |
| Docket Date | 2019-07-30 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgment Letter |
| Docket Date | 2019-07-30 |
| 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 | 2019-07-26 |
| Type | Misc. Events |
| Subtype | Fee Status |
| Description | FP:Fee Paid Through Portal |
| Docket Date | 2019-07-26 |
| Type | Notice |
| Subtype | Notice of Appeal |
| Description | Notice of Appeal Filed |
| On Behalf Of | Plantation Open MRI, LLC |
| Classification | NOA Final - Circuit Civil - Other |
| Court | 4th District Court of Appeal |
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County COCE 18-004714 (54) |
Parties
| Name | SAMMY FLEMING |
| Role | Appellant |
| Status | Active |
| Name | MR SERVICES I, INC. |
| Role | Appellant |
| Status | Active |
| Representations | Sean Storani, Jose Font, Douglas H. Stein |
| Name | INFINITY INDEMNITY INSURANCE COMPANY |
| Role | Appellee |
| Status | Active |
| Representations | Leslie Goodman, Garrett Tozier, Gladys Perez Villanueva, Suzanne Y. Labrit |
| Name | Hon. Florence Taylor Barner |
| Role | Judge/Judicial Officer |
| Status | Active |
| Name | Clerk - Broward |
| Role | Lower Tribunal Clerk |
| Status | Active |
Docket Entries
| Docket Date | 2020-06-12 |
| Type | Response |
| Subtype | Response |
| Description | Response |
| On Behalf Of | MR SERVICES I, INC. |
| Docket Date | 2020-06-30 |
| Type | Notice |
| Subtype | Notice of Supplemental Authority |
| Description | Notice of Supplemental Authority |
| On Behalf Of | Infinity Indemnity Insurance Company |
| Docket Date | 2020-07-07 |
| Type | Misc. Events |
| Subtype | Oral Argument Date Set |
| Description | Oral Argument Date Set ~ 4DCA |
| Docket Date | 9999-08-12 |
| Type | Misc. Events |
| Subtype | Miscellaneous Docket Entry |
| Description | Miscellaneous Entry/Document ~ ***4D19-1398, 4D19-2260, 4D19-2261, 4D19-2264, 4D19-2265, 4D19-2277, 4D19-2278, 4D19-2282, 4D19-2283, 4D19-2284, 4D19-2285, 4D19-2286, 4D19-2333, 4D19-2382, 4D19-2385 ARE CONSOLIDATED FOR ALL PURPOSES. SEE 4D19-1398 FOR ALL FUTURE DOCKET ENTRIES.*** |
| Docket Date | 2222-09-24 |
| Type | Misc. Events |
| Subtype | Miscellaneous Docket Entry |
| Description | Miscellaneous Entry/Document ~ **CASES 19-1398 AND 19-2611 ARE CONSOLIDATED FOR ALL PURPOSES AND SHALL PROCEED UNDER CASE 19-1398. SEE 09/24/2019 ORDER.** |
| Docket Date | 2020-10-09 |
| Type | Mandate |
| Subtype | Mandate |
| Description | Mandate |
| Docket Date | 2020-10-09 |
| Type | Misc. Events |
| Subtype | West Publishing |
| Description | West Publishing |
| Docket Date | 2020-09-23 |
| Type | Disposition by Opinion |
| Subtype | Affirmed |
| Description | Affirmed - Authored Opinion |
| Docket Date | 2020-09-23 |
| Type | Order |
| Subtype | Order on Motion For Attorney's Fees |
| Description | Deny Attorney's Fees ~ ORDERED that appellant Plantation Open MRI, LLC a/a/o Sammy Brown’s September 25, 2019 motion for attorney's fees is denied. |
| Docket Date | 2020-08-05 |
| Type | Order |
| Subtype | Order on Motion To Withdraw as Counsel |
| Description | ORD-Withdraw as Counsel ~ ORDERED that the August 3, 2020 motion of Suzanne Y. Labrit, Esquire, counsel for appellee, to withdraw as counsel is granted. This court notes the August 4, 2020 appearance of Daniel Nordby, Esquire as counsel of record for appellee. |
| Docket Date | 2020-08-04 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| On Behalf Of | Infinity Indemnity Insurance Company |
| Docket Date | 2020-08-03 |
| Type | Motions Relating to Parties and Counsel |
| Subtype | Motion To Withdraw as Counsel |
| Description | Motion To Withdraw as Counsel |
| On Behalf Of | Infinity Indemnity Insurance Company |
| Docket Date | 2020-06-09 |
| Type | Order |
| Subtype | Order Re: Video Oral Argument |
| Description | Order Re: Video Oral Argument ~ Given the evolving situation surrounding the COVID-19 virus, the in-person oral arguments now scheduled at the Court on July 7, 2020 are cancelled. So as not to delay the disposition of the cases, the court will conduct oral argument through Zoom video conference on that date. The week before oral argument the Clerk of the Court will provide connection instructions. Should both parties file a stipulation by noon on Monday, June 15, 2020 that they waive oral argument, the court will then decide the case based upon the briefs. If the parties do not stipulate to waive oral argument, then they shall file a notice by noon on June 15, 2020 which: (1) identifies the attorneys who will be arguing the case; and (2) provides the direct contact information for those attorneys. |
| Docket Date | 2020-05-14 |
| Type | Order |
| Subtype | Order on Motion/Request for Oral Argument |
| Description | ORD-Setting Oral Argument ~ This case is set for Oral Argument on July 7, 2020, at 10:10 A.M. for 10 minutes per side. If a side anticipates more than two attorneys sitting at counsel table during oral argument, it shall contact the Marshal’s Office by phone at least two business days before the oral argument session. The court calendars can be viewed on this court's website at HYPERLINK "http://www.4dca.org" www.4dca.org. Given the evolving situation surrounding the COVID-19 virus, the court may reschedule this oral argument or conduct oral argument by remote means.Attorneys not registered with this court’s eDCA and pro se parties are required to file a "Notice of Receipt of Oral Argument" within ten (10) days from the date of this order, acknowledging they have received this order. |
| Docket Date | 2020-04-15 |
| Type | Response |
| Subtype | Response |
| Description | Response ~ *SUPPLEMENTAL* |
| On Behalf Of | MR SERVICES I, INC. |
| Docket Date | 2020-04-14 |
| Type | Record |
| Subtype | Record on Appeal |
| Description | Received Records ~ 759 PAGES |
| On Behalf Of | Clerk - Broward |
| Docket Date | 2020-04-03 |
| Type | Response |
| Subtype | Response |
| Description | Response |
| On Behalf Of | MR SERVICES I, INC. |
| Docket Date | 2020-04-02 |
| Type | Order |
| Subtype | Show Cause |
| 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 April 17, 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. |
| Docket Date | 2020-03-18 |
| Type | Brief |
| Subtype | Reply Brief |
| Description | Appellant's Reply Brief |
| On Behalf Of | MR SERVICES I, INC. |
| Docket Date | 2020-03-03 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time - Reply Brief |
| Description | Notice of Agreed Extension - Reply Brief |
| On Behalf Of | MR SERVICES I, INC. |
| Docket Date | 2020-02-03 |
| Type | Record |
| Subtype | Appendix |
| Description | Appendix to Brief |
| On Behalf Of | Infinity Indemnity Insurance Company |
| Docket Date | 2020-02-03 |
| Type | Brief |
| Subtype | Answer Brief |
| Description | Appellee's Answer Brief |
| On Behalf Of | Infinity Indemnity Insurance Company |
| Docket Date | 2020-01-22 |
| 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 | Infinity Indemnity Insurance Company |
| Docket Date | 2019-12-19 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time - Answer Brief |
| Description | Notice of Agreed Extension - Answer Brief |
| On Behalf Of | Infinity Indemnity Insurance Company |
| Docket Date | 2019-10-18 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time - Answer Brief |
| Description | Notice of Agreed Extension - Answer Brief |
| On Behalf Of | Infinity Indemnity Insurance Company |
| Docket Date | 2019-10-03 |
| Type | Motions Relating to Attorney Fees/Costs |
| Subtype | Motion For Attorney's Fees |
| Description | Motion For Attorney's Fees ~ **2ND AMENDED** |
| On Behalf Of | Infinity Indemnity Insurance Company |
| Docket Date | 2019-10-02 |
| Type | Response |
| Subtype | Response |
| Description | Response ~ TO MOTION FOR APPELLATE ATTORNEY'S FEES |
| On Behalf Of | Infinity Indemnity Insurance Company |
| Docket Date | 2019-10-02 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| On Behalf Of | Infinity Indemnity Insurance Company |
| Docket Date | 2019-09-25 |
| Type | Order |
| Subtype | Order on Motion to Supplement Record & EOT/Toll Briefing |
| Description | ORD-Allowing Attachment to Record ~ ORDERED that the appellant’s (Plantation Open MRI, LLC a/a/o Sammy Brown) September 24, 2019 motion to supplement the record is granted, and the record is supplemented to include the hearing transcript dated March 5, 2019 and hearing transcript date April 23, 2019. Said supplemental record is deemed filed as of the date of this order. |
| Docket Date | 2019-09-25 |
| Type | Motions Relating to Attorney Fees/Costs |
| Subtype | Motion For Attorney's Fees |
| Description | Motion For Attorney's Fees |
| On Behalf Of | MR SERVICES I, INC. |
| Docket Date | 2019-09-25 |
| Type | Brief |
| Subtype | Initial Brief |
| Description | Initial Brief on Merits |
| On Behalf Of | MR SERVICES I, INC. |
| Docket Date | 2019-09-25 |
| Type | Motions Relating to Oral Argument |
| Subtype | Motion/Request for Oral Argument |
| Description | Request for Oral Argument |
| On Behalf Of | MR SERVICES I, INC. |
| Docket Date | 2019-09-24 |
| Type | Motions Relating to Records |
| Subtype | Motion to Supplement Record |
| Description | Motion To File Supplemental Record |
| On Behalf Of | MR SERVICES I, INC. |
| Docket Date | 2019-09-24 |
| Type | Record |
| Subtype | Supplemental Record |
| Description | Supplemental Records ~ ***MOTION GRANTED 9/24/19*** |
| On Behalf Of | MR SERVICES I, INC. |
| Docket Date | 2019-08-30 |
| Type | Post-Disposition Motions |
| Subtype | Motion for Rehearing |
| Description | Motion For Rehearing ~ AND/OR REINSTATE (IN RE:19-2265) |
| On Behalf Of | MR SERVICES I, INC. |
| Docket Date | 2019-08-30 |
| Type | Order |
| Subtype | Order on Motion for Rehearing |
| Description | ORD-Granting Rehearing ~ ORDERED that the appellant’s August 30, 2019 “motion for rehearing of order dismissing appeal and/or reinstate appeal” is granted. Case number 4D19-2265 is reinstated. |
| Docket Date | 2019-08-27 |
| Type | Brief |
| Subtype | Memorandum Brief |
| Description | Memorandum Brief ~ (FOR 19-2611) |
| On Behalf Of | MR SERVICES I, INC. |
| Docket Date | 2019-08-21 |
| Type | Disposition by Order |
| Subtype | Dismissed |
| Description | ORD-Sua Sponte Dismiss-No Filing Fee ~ In case number 4D19-2265, on July 19, 2019, this court ordered the appellant to pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days. The filing fee has still not been paid as to this specific case. Therefore, it is ORDERED that case number 4D19-2265 is dismissed for nonpayment of the $300.00 filing fee. |
| Docket Date | 2019-08-16 |
| Type | Response |
| Subtype | Response |
| Description | Response |
| On Behalf Of | MR SERVICES I, INC. |
| Docket Date | 2019-08-13 |
| Type | Motions Relating to Attorney Fees/Costs |
| Subtype | Motion For Attorney's Fees |
| Description | Motion For Attorney's Fees ~ **AMENDED** |
| On Behalf Of | Infinity Indemnity Insurance Company |
| Docket Date | 2019-08-12 |
| Type | Order |
| Subtype | Order |
| Description | Miscellaneous Order ~ Upon consideration of appellants’ memorandum brief and appellee’s response, it is ORDERED that this court accepts jurisdiction of this case, pursuant to Florida Rule of Appellate Procedure 9.160(e)(2). Further,ORDERED sua sponte that case numbers 4D19-1398, 4D19-2260, 4D19-2261, 4D19-2264, 4D19-2265, 4D19-2277, 4D19-2278, 4D19-2282, 4D19-2283, 4D19-2284, 4D19-2285, 4D19-2286, 4D19-2333, 4D19-2382, 4D19-2385 are now consolidated for all purposes. The parties shall proceed with the preparation of the record and briefing in accordance with Florida Rules of Appellate Procedure 9.160(g) and (h). The consolidated cases shall proceed under case number 4D19-1398. Further,ORDERED that appellants shall file a response, within five (5) days from the date of this order indicating whether they intend to file one consolidated initial brief or individual briefs. Further,ORDERED that the proceedings in the trial court are stayed pending further order of this court. |
| Docket Date | 2019-08-05 |
| Type | Response |
| Subtype | Response |
| Description | Response ~ TO MEMORANDUM OF LAW ON JURISDICTION |
| On Behalf Of | Infinity Indemnity Insurance Company |
| Docket Date | 2019-07-31 |
| Type | Brief |
| Subtype | Memorandum Brief |
| Description | Memorandum Brief |
| On Behalf Of | MR SERVICES I, INC. |
| Docket Date | 2019-07-29 |
| Type | Misc. Events |
| Subtype | Case Filing Fee Paid through Portal |
| Description | Case Filing Fee Paid Through Portal |
| On Behalf Of | MR SERVICES I, INC. |
| Docket Date | 2019-07-26 |
| Type | Notice |
| Subtype | Notice of Related Case or Issue |
| Description | Notice of Similar Case Pending |
| On Behalf Of | Infinity Indemnity Insurance Company |
| Docket Date | 2019-07-23 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| On Behalf Of | Infinity Indemnity Insurance Company |
| Docket Date | 2019-07-22 |
| 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 | 2019-07-22 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgment Letter |
| Docket Date | 2019-07-19 |
| Type | Notice |
| Subtype | Notice of Appeal |
| Description | Notice of Appeal Filed |
| On Behalf Of | MR SERVICES I, INC. |
| Docket Date | 2019-07-19 |
| Type | Misc. Events |
| Subtype | Fee Status |
| Description | FP:Fee Paid Through Portal |
| Classification | NOA Final - Circuit Civil - Other |
| Court | 4th District Court of Appeal |
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County COCE 18004717 (54) |
Parties
| Name | UPRIGHT OPEN MRI, LLC |
| Role | Appellant |
| Status | Active |
| Representations | Jose Font, Sean Storani, Douglas H. Stein |
| Name | JEAN NAVA-ALVARADO |
| Role | Appellant |
| Status | Active |
| Name | INFINITY INDEMNITY INSURANCE COMPANY |
| Role | Appellee |
| Status | Active |
| Representations | Garrett Tozier, Gladys Perez Villanueva, Suzanne Y. Labrit, Leslie Goodman |
| Name | Hon. Florence Taylor Barner |
| Role | Judge/Judicial Officer |
| Status | Active |
| Name | Clerk - Broward |
| Role | Lower Tribunal Clerk |
| Status | Active |
Docket Entries
| Docket Date | 2020-04-14 |
| Type | Record |
| Subtype | Record on Appeal |
| Description | Received Records ~ 759 PAGES |
| On Behalf Of | Clerk - Broward |
| Docket Date | 2020-04-03 |
| Type | Response |
| Subtype | Response |
| Description | Response |
| On Behalf Of | Upright Open MRI, LLC |
| Docket Date | 9999-08-12 |
| Type | Misc. Events |
| Subtype | Miscellaneous Docket Entry |
| Description | Miscellaneous Entry/Document ~ ***4D19-1398, 4D19-2260, 4D19-2261, 4D19-2264, 4D19-2265, 4D19-2277, 4D19-2278, 4D19-2282, 4D19-2283, 4D19-2284, 4D19-2285, 4D19-2286, 4D19-2333, 4D19-2382, 4D19-2385 ARE CONSOLIDATED FOR ALL PURPOSES. SEE 4D19-1398 FOR ALL FUTURE DOCKET ENTRIES.*** |
| Docket Date | 2222-09-24 |
| Type | Misc. Events |
| Subtype | Miscellaneous Docket Entry |
| Description | Miscellaneous Entry/Document ~ **CASES 19-1398 AND 19-2611 ARE CONSOLIDATED FOR ALL PURPOSES AND SHALL PROCEED UNDER CASE 19-1398. SEE 09/24/2019 ORDER.** |
| Docket Date | 2020-10-09 |
| Type | Mandate |
| Subtype | Mandate |
| Description | Mandate |
| Docket Date | 2020-10-09 |
| Type | Misc. Events |
| Subtype | West Publishing |
| Description | West Publishing |
| Docket Date | 2020-09-23 |
| Type | Order |
| Subtype | Order on Motion For Attorney's Fees |
| Description | Deny Attorney's Fees ~ ORDERED that appellant Plantation Open MRI, LLC a/a/o Sammy Brown’s September 25, 2019 motion for attorney's fees is denied. |
| Docket Date | 2020-09-23 |
| Type | Disposition by Opinion |
| Subtype | Affirmed |
| Description | Affirmed - Authored Opinion |
| Docket Date | 2020-08-05 |
| Type | Order |
| Subtype | Order on Motion To Withdraw as Counsel |
| Description | ORD-Withdraw as Counsel ~ ORDERED that the August 3, 2020 motion of Suzanne Y. Labrit, Esquire, counsel for appellee, to withdraw as counsel is granted. This court notes the August 4, 2020 appearance of Daniel Nordby, Esquire as counsel of record for appellee. |
| Docket Date | 2020-08-04 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| On Behalf Of | Infinity Indemnity Insurance Company |
| Docket Date | 2020-08-03 |
| Type | Motions Relating to Parties and Counsel |
| Subtype | Motion To Withdraw as Counsel |
| Description | Motion To Withdraw as Counsel |
| On Behalf Of | Infinity Indemnity Insurance Company |
| Docket Date | 2020-07-07 |
| Type | Misc. Events |
| Subtype | Oral Argument Date Set |
| Description | Oral Argument Date Set ~ 4DCA |
| Docket Date | 2020-06-30 |
| Type | Notice |
| Subtype | Notice of Supplemental Authority |
| Description | Notice of Supplemental Authority |
| On Behalf Of | Infinity Indemnity Insurance Company |
| Docket Date | 2020-06-12 |
| Type | Response |
| Subtype | Response |
| Description | Response |
| On Behalf Of | Upright Open MRI, LLC |
| Docket Date | 2020-06-09 |
| Type | Order |
| Subtype | Order Re: Video Oral Argument |
| Description | Order Re: Video Oral Argument ~ Given the evolving situation surrounding the COVID-19 virus, the in-person oral arguments now scheduled at the Court on July 7, 2020 are cancelled. So as not to delay the disposition of the cases, the court will conduct oral argument through Zoom video conference on that date. The week before oral argument the Clerk of the Court will provide connection instructions. Should both parties file a stipulation by noon on Monday, June 15, 2020 that they waive oral argument, the court will then decide the case based upon the briefs. If the parties do not stipulate to waive oral argument, then they shall file a notice by noon on June 15, 2020 which: (1) identifies the attorneys who will be arguing the case; and (2) provides the direct contact information for those attorneys. |
| Docket Date | 2020-05-14 |
| Type | Order |
| Subtype | Order on Motion/Request for Oral Argument |
| Description | ORD-Setting Oral Argument ~ This case is set for Oral Argument on July 7, 2020, at 10:10 A.M. for 10 minutes per side. If a side anticipates more than two attorneys sitting at counsel table during oral argument, it shall contact the Marshal’s Office by phone at least two business days before the oral argument session. The court calendars can be viewed on this court's website at HYPERLINK "http://www.4dca.org" www.4dca.org. Given the evolving situation surrounding the COVID-19 virus, the court may reschedule this oral argument or conduct oral argument by remote means.Attorneys not registered with this court’s eDCA and pro se parties are required to file a "Notice of Receipt of Oral Argument" within ten (10) days from the date of this order, acknowledging they have received this order. |
| Docket Date | 2020-04-15 |
| Type | Response |
| Subtype | Response |
| Description | Response ~ *SUPPLEMENTAL* |
| On Behalf Of | Upright Open MRI, LLC |
| Docket Date | 2020-04-02 |
| Type | Order |
| Subtype | Show Cause |
| 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 April 17, 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. |
| Docket Date | 2020-03-18 |
| Type | Brief |
| Subtype | Reply Brief |
| Description | Appellant's Reply Brief |
| On Behalf Of | Upright Open MRI, LLC |
| Docket Date | 2020-03-03 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time - Reply Brief |
| Description | Notice of Agreed Extension - Reply Brief |
| On Behalf Of | Upright Open MRI, LLC |
| Docket Date | 2020-02-03 |
| Type | Record |
| Subtype | Appendix |
| Description | Appendix to Brief |
| On Behalf Of | Infinity Indemnity Insurance Company |
| Docket Date | 2020-02-03 |
| Type | Brief |
| Subtype | Answer Brief |
| Description | Appellee's Answer Brief |
| On Behalf Of | Infinity Indemnity Insurance Company |
| Docket Date | 2020-01-22 |
| 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 | Infinity Indemnity Insurance Company |
| Docket Date | 2019-12-19 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time - Answer Brief |
| Description | Notice of Agreed Extension - Answer Brief |
| On Behalf Of | Infinity Indemnity Insurance Company |
| Docket Date | 2019-10-18 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time - Answer Brief |
| Description | Notice of Agreed Extension - Answer Brief |
| On Behalf Of | Infinity Indemnity Insurance Company |
| Docket Date | 2019-10-03 |
| Type | Motions Relating to Attorney Fees/Costs |
| Subtype | Motion For Attorney's Fees |
| Description | Motion For Attorney's Fees ~ **2ND AMENDED** |
| On Behalf Of | Infinity Indemnity Insurance Company |
| Docket Date | 2019-10-02 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| On Behalf Of | Infinity Indemnity Insurance Company |
| Docket Date | 2019-10-02 |
| Type | Response |
| Subtype | Response |
| Description | Response ~ TO MOTION FOR APPELLATE ATTORNEY'S FEES |
| On Behalf Of | Infinity Indemnity Insurance Company |
| Docket Date | 2019-09-25 |
| Type | Brief |
| Subtype | Initial Brief |
| Description | Initial Brief on Merits |
| On Behalf Of | Upright Open MRI, LLC |
| Docket Date | 2019-09-25 |
| Type | Order |
| Subtype | Order on Motion to Supplement Record & EOT/Toll Briefing |
| Description | ORD-Allowing Attachment to Record ~ ORDERED that the appellant’s (Plantation Open MRI, LLC a/a/o Sammy Brown) September 24, 2019 motion to supplement the record is granted, and the record is supplemented to include the hearing transcript dated March 5, 2019 and hearing transcript date April 23, 2019. Said supplemental record is deemed filed as of the date of this order. |
| Docket Date | 2019-09-25 |
| Type | Motions Relating to Oral Argument |
| Subtype | Motion/Request for Oral Argument |
| Description | Request for Oral Argument |
| On Behalf Of | Upright Open MRI, LLC |
| Docket Date | 2019-09-25 |
| Type | Motions Relating to Attorney Fees/Costs |
| Subtype | Motion For Attorney's Fees |
| Description | Motion For Attorney's Fees |
| On Behalf Of | Upright Open MRI, LLC |
| Docket Date | 2019-09-24 |
| Type | Record |
| Subtype | Supplemental Record |
| Description | Supplemental Records ~ ***MOTION GRANTED 9/24/19*** |
| On Behalf Of | Upright Open MRI, LLC |
| Docket Date | 2019-09-24 |
| Type | Motions Relating to Records |
| Subtype | Motion to Supplement Record |
| Description | Motion To File Supplemental Record |
| On Behalf Of | Upright Open MRI, LLC |
| Docket Date | 2019-08-30 |
| Type | Misc. Events |
| Subtype | Case Filing Fee Paid through Portal |
| Description | Case Filing Fee Paid Through Portal |
| On Behalf Of | Upright Open MRI, LLC |
| Docket Date | 2019-08-30 |
| Type | Post-Disposition Motions |
| Subtype | Motion for Rehearing |
| Description | Motion For Rehearing ~ AND/OR REINSTATE (IN RE:19-2265) |
| On Behalf Of | Upright Open MRI, LLC |
| Docket Date | 2019-08-30 |
| Type | Order |
| Subtype | Order on Motion for Rehearing |
| Description | ORD-Granting Rehearing ~ ORDERED that the appellant’s August 30, 2019 “motion for rehearing of order dismissing appeal and/or reinstate appeal” is granted. Case number 4D19-2265 is reinstated. |
| Docket Date | 2019-08-27 |
| Type | Brief |
| Subtype | Memorandum Brief |
| Description | Memorandum Brief ~ (FOR 19-2611) |
| On Behalf Of | Upright Open MRI, LLC |
| Docket Date | 2019-08-21 |
| Type | Disposition by Order |
| Subtype | Dismissed |
| Description | ORD-Sua Sponte Dismiss-No Filing Fee ~ In case number 4D19-2265, on July 19, 2019, this court ordered the appellant to pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days. The filing fee has still not been paid as to this specific case. Therefore, it is ORDERED that case number 4D19-2265 is dismissed for nonpayment of the $300.00 filing fee. |
| Docket Date | 2019-08-16 |
| Type | Response |
| Subtype | Response |
| Description | Response |
| On Behalf Of | Upright Open MRI, LLC |
| Docket Date | 2019-08-13 |
| Type | Motions Relating to Attorney Fees/Costs |
| Subtype | Motion For Attorney's Fees |
| Description | Motion For Attorney's Fees ~ **AMENDED** |
| On Behalf Of | Infinity Indemnity Insurance Company |
| Docket Date | 2019-08-12 |
| Type | Order |
| Subtype | Order |
| Description | Miscellaneous Order ~ Upon consideration of appellants’ memorandum brief and appellee’s response, it is ORDERED that this court accepts jurisdiction of this case, pursuant to Florida Rule of Appellate Procedure 9.160(e)(2). Further,ORDERED sua sponte that case numbers 4D19-1398, 4D19-2260, 4D19-2261, 4D19-2264, 4D19-2265, 4D19-2277, 4D19-2278, 4D19-2282, 4D19-2283, 4D19-2284, 4D19-2285, 4D19-2286, 4D19-2333, 4D19-2382, 4D19-2385 are now consolidated for all purposes. The parties shall proceed with the preparation of the record and briefing in accordance with Florida Rules of Appellate Procedure 9.160(g) and (h). The consolidated cases shall proceed under case number 4D19-1398. Further,ORDERED that appellants shall file a response, within five (5) days from the date of this order indicating whether they intend to file one consolidated initial brief or individual briefs. Further,ORDERED that the proceedings in the trial court are stayed pending further order of this court. |
| Docket Date | 2019-08-05 |
| Type | Response |
| Subtype | Response |
| Description | Response ~ TO MEMORANDUM OF LAW ON JURISDICTION |
| On Behalf Of | Infinity Indemnity Insurance Company |
| Docket Date | 2019-07-30 |
| Type | Brief |
| Subtype | Memorandum Brief |
| Description | Memorandum Brief |
| On Behalf Of | Upright Open MRI, LLC |
| Docket Date | 2019-07-29 |
| Type | Misc. Events |
| Subtype | Case Filing Fee Paid through Portal |
| Description | Case Filing Fee Paid Through Portal |
| On Behalf Of | Upright Open MRI, LLC |
| Docket Date | 2019-07-26 |
| Type | Notice |
| Subtype | Notice of Related Case or Issue |
| Description | Notice of Similar Case Pending |
| On Behalf Of | Infinity Indemnity Insurance Company |
| Docket Date | 2019-07-23 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| On Behalf Of | Infinity Indemnity Insurance Company |
| Docket Date | 2019-07-22 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgment Letter |
| Docket Date | 2019-07-22 |
| 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 | 2019-07-19 |
| Type | Notice |
| Subtype | Notice of Appeal |
| Description | Notice of Appeal Filed |
| On Behalf Of | Upright Open MRI, LLC |
| Docket Date | 2019-07-19 |
| Type | Misc. Events |
| Subtype | Fee Status |
| Description | FP:Fee Paid Through Portal |
| Classification | NOA Final - Circuit Civil - Other |
| Court | 4th District Court of Appeal |
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County COCE 18004715 (54) |
Parties
| Name | PLANTATION OPEN MRI LLC |
| Role | Appellant |
| Status | Active |
| Representations | Douglas H. Stein, Jose Font, Sean Storani |
| Name | WHITNEY COTTON |
| Role | Appellant |
| Status | Active |
| Name | INFINITY INDEMNITY INSURANCE COMPANY |
| Role | Appellee |
| Status | Active |
| Representations | Leslie Goodman, Garrett Tozier, Suzanne Y. Labrit, Gladys Perez Villanueva |
| Name | Hon. Florence Taylor Barner |
| Role | Judge/Judicial Officer |
| Status | Active |
| Name | Clerk - Broward |
| Role | Lower Tribunal Clerk |
| Status | Active |
Docket Entries
| Docket Date | 2020-08-04 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| On Behalf Of | Infinity Indemnity Insurance Company |
| Docket Date | 9999-08-12 |
| Type | Misc. Events |
| Subtype | Miscellaneous Docket Entry |
| Description | Miscellaneous Entry/Document ~ ***4D19-1398, 4D19-2260, 4D19-2261, 4D19-2264, 4D19-2265, 4D19-2277, 4D19-2278, 4D19-2282, 4D19-2283, 4D19-2284, 4D19-2285, 4D19-2286, 4D19-2333, 4D19-2382, 4D19-2385 ARE CONSOLIDATED FOR ALL PURPOSES. SEE 4D19-1398 FOR ALL FUTURE DOCKET ENTRIES.*** |
| Docket Date | 2222-09-24 |
| Type | Misc. Events |
| Subtype | Miscellaneous Docket Entry |
| Description | Miscellaneous Entry/Document ~ **CASES 19-1398 AND 19-2611 ARE CONSOLIDATED FOR ALL PURPOSES AND SHALL PROCEED UNDER CASE 19-1398. SEE 09/24/2019 ORDER.** |
| Docket Date | 2020-10-09 |
| Type | Misc. Events |
| Subtype | West Publishing |
| Description | West Publishing |
| Docket Date | 2020-10-09 |
| Type | Mandate |
| Subtype | Mandate |
| Description | Mandate |
| Docket Date | 2020-09-23 |
| Type | Disposition by Opinion |
| Subtype | Affirmed |
| Description | Affirmed - Authored Opinion |
| Docket Date | 2020-09-23 |
| Type | Order |
| Subtype | Order on Motion For Attorney's Fees |
| Description | Deny Attorney's Fees ~ ORDERED that appellant Plantation Open MRI, LLC a/a/o Sammy Brown’s September 25, 2019 motion for attorney's fees is denied. |
| Docket Date | 2020-08-05 |
| Type | Order |
| Subtype | Order on Motion To Withdraw as Counsel |
| Description | ORD-Withdraw as Counsel ~ ORDERED that the August 3, 2020 motion of Suzanne Y. Labrit, Esquire, counsel for appellee, to withdraw as counsel is granted. This court notes the August 4, 2020 appearance of Daniel Nordby, Esquire as counsel of record for appellee. |
| Docket Date | 2020-08-03 |
| Type | Motions Relating to Parties and Counsel |
| Subtype | Motion To Withdraw as Counsel |
| Description | Motion To Withdraw as Counsel |
| On Behalf Of | Infinity Indemnity Insurance Company |
| Docket Date | 2020-07-07 |
| Type | Misc. Events |
| Subtype | Oral Argument Date Set |
| Description | Oral Argument Date Set ~ 4DCA |
| Docket Date | 2020-06-30 |
| Type | Notice |
| Subtype | Notice of Supplemental Authority |
| Description | Notice of Supplemental Authority |
| On Behalf Of | Infinity Indemnity Insurance Company |
| Docket Date | 2020-06-12 |
| Type | Response |
| Subtype | Response |
| Description | Response |
| On Behalf Of | Plantation Open MRI, LLC |
| Docket Date | 2020-06-09 |
| Type | Order |
| Subtype | Order Re: Video Oral Argument |
| Description | Order Re: Video Oral Argument ~ Given the evolving situation surrounding the COVID-19 virus, the in-person oral arguments now scheduled at the Court on July 7, 2020 are cancelled. So as not to delay the disposition of the cases, the court will conduct oral argument through Zoom video conference on that date. The week before oral argument the Clerk of the Court will provide connection instructions. Should both parties file a stipulation by noon on Monday, June 15, 2020 that they waive oral argument, the court will then decide the case based upon the briefs. If the parties do not stipulate to waive oral argument, then they shall file a notice by noon on June 15, 2020 which: (1) identifies the attorneys who will be arguing the case; and (2) provides the direct contact information for those attorneys. |
| Docket Date | 2020-05-14 |
| Type | Order |
| Subtype | Order on Motion/Request for Oral Argument |
| Description | ORD-Setting Oral Argument ~ This case is set for Oral Argument on July 7, 2020, at 10:10 A.M. for 10 minutes per side. If a side anticipates more than two attorneys sitting at counsel table during oral argument, it shall contact the Marshal’s Office by phone at least two business days before the oral argument session. The court calendars can be viewed on this court's website at HYPERLINK "http://www.4dca.org" www.4dca.org. Given the evolving situation surrounding the COVID-19 virus, the court may reschedule this oral argument or conduct oral argument by remote means.Attorneys not registered with this court’s eDCA and pro se parties are required to file a "Notice of Receipt of Oral Argument" within ten (10) days from the date of this order, acknowledging they have received this order. |
| Docket Date | 2020-04-15 |
| Type | Response |
| Subtype | Response |
| Description | Response ~ *SUPPLEMENTAL* |
| On Behalf Of | Plantation Open MRI, LLC |
| Docket Date | 2020-04-14 |
| Type | Record |
| Subtype | Record on Appeal |
| Description | Received Records ~ 759 PAGES |
| On Behalf Of | Clerk - Broward |
| Docket Date | 2020-04-03 |
| Type | Response |
| Subtype | Response |
| Description | Response |
| On Behalf Of | Plantation Open MRI, LLC |
| Docket Date | 2020-04-02 |
| Type | Order |
| Subtype | Show Cause |
| 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 April 17, 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. |
| Docket Date | 2020-03-18 |
| Type | Brief |
| Subtype | Reply Brief |
| Description | Appellant's Reply Brief |
| On Behalf Of | Plantation Open MRI, LLC |
| Docket Date | 2020-03-03 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time - Reply Brief |
| Description | Notice of Agreed Extension - Reply Brief |
| On Behalf Of | Plantation Open MRI, LLC |
| Docket Date | 2020-02-03 |
| Type | Record |
| Subtype | Appendix |
| Description | Appendix to Brief |
| On Behalf Of | Infinity Indemnity Insurance Company |
| Docket Date | 2020-02-03 |
| Type | Brief |
| Subtype | Answer Brief |
| Description | Appellee's Answer Brief |
| On Behalf Of | Infinity Indemnity Insurance Company |
| Docket Date | 2020-01-22 |
| 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 | Infinity Indemnity Insurance Company |
| Docket Date | 2019-12-19 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time - Answer Brief |
| Description | Notice of Agreed Extension - Answer Brief |
| On Behalf Of | Infinity Indemnity Insurance Company |
| Docket Date | 2019-10-18 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time - Answer Brief |
| Description | Notice of Agreed Extension - Answer Brief |
| On Behalf Of | Infinity Indemnity Insurance Company |
| Docket Date | 2019-10-03 |
| Type | Motions Relating to Attorney Fees/Costs |
| Subtype | Motion For Attorney's Fees |
| Description | Motion For Attorney's Fees ~ **2ND AMENDED** |
| On Behalf Of | Infinity Indemnity Insurance Company |
| Docket Date | 2019-10-02 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| On Behalf Of | Infinity Indemnity Insurance Company |
| Docket Date | 2019-10-02 |
| Type | Response |
| Subtype | Response |
| Description | Response ~ TO MOTION FOR APPELLATE ATTORNEY'S FEES |
| On Behalf Of | Infinity Indemnity Insurance Company |
| Docket Date | 2019-09-25 |
| Type | Motions Relating to Oral Argument |
| Subtype | Motion/Request for Oral Argument |
| Description | Request for Oral Argument |
| On Behalf Of | Plantation Open MRI, LLC |
| Docket Date | 2019-09-25 |
| Type | Order |
| Subtype | Order on Motion to Supplement Record & EOT/Toll Briefing |
| Description | ORD-Allowing Attachment to Record ~ ORDERED that the appellant’s (Plantation Open MRI, LLC a/a/o Sammy Brown) September 24, 2019 motion to supplement the record is granted, and the record is supplemented to include the hearing transcript dated March 5, 2019 and hearing transcript date April 23, 2019. Said supplemental record is deemed filed as of the date of this order. |
| Docket Date | 2019-09-25 |
| Type | Motions Relating to Attorney Fees/Costs |
| Subtype | Motion For Attorney's Fees |
| Description | Motion For Attorney's Fees |
| On Behalf Of | Plantation Open MRI, LLC |
| Docket Date | 2019-09-25 |
| Type | Brief |
| Subtype | Initial Brief |
| Description | Initial Brief on Merits |
| On Behalf Of | Plantation Open MRI, LLC |
| Docket Date | 2019-09-24 |
| Type | Record |
| Subtype | Supplemental Record |
| Description | Supplemental Records ~ ***MOTION GRANTED 9/24/19*** |
| On Behalf Of | Plantation Open MRI, LLC |
| Docket Date | 2019-09-24 |
| Type | Motions Relating to Records |
| Subtype | Motion to Supplement Record |
| Description | Motion To File Supplemental Record |
| On Behalf Of | Plantation Open MRI, LLC |
| Docket Date | 2019-08-30 |
| Type | Post-Disposition Motions |
| Subtype | Motion for Rehearing |
| Description | Motion For Rehearing ~ AND/OR REINSTATE (IN RE:19-2265) |
| On Behalf Of | Plantation Open MRI, LLC |
| Docket Date | 2019-08-30 |
| Type | Misc. Events |
| Subtype | Case Filing Fee Paid through Portal |
| Description | Case Filing Fee Paid Through Portal |
| On Behalf Of | Plantation Open MRI, LLC |
| Docket Date | 2019-08-30 |
| Type | Order |
| Subtype | Order on Motion for Rehearing |
| Description | ORD-Granting Rehearing ~ ORDERED that the appellant’s August 30, 2019 “motion for rehearing of order dismissing appeal and/or reinstate appeal” is granted. Case number 4D19-2265 is reinstated. |
| Docket Date | 2019-08-27 |
| Type | Brief |
| Subtype | Memorandum Brief |
| Description | Memorandum Brief ~ (FOR 19-2611) |
| On Behalf Of | Plantation Open MRI, LLC |
| Docket Date | 2019-08-21 |
| Type | Disposition by Order |
| Subtype | Dismissed |
| Description | ORD-Sua Sponte Dismiss-No Filing Fee ~ In case number 4D19-2265, on July 19, 2019, this court ordered the appellant to pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days. The filing fee has still not been paid as to this specific case. Therefore, it is ORDERED that case number 4D19-2265 is dismissed for nonpayment of the $300.00 filing fee. |
| Docket Date | 2019-08-16 |
| Type | Response |
| Subtype | Response |
| Description | Response |
| On Behalf Of | Plantation Open MRI, LLC |
| Docket Date | 2019-08-13 |
| Type | Motions Relating to Attorney Fees/Costs |
| Subtype | Motion For Attorney's Fees |
| Description | Motion For Attorney's Fees ~ **AMENDED** |
| On Behalf Of | Infinity Indemnity Insurance Company |
| Docket Date | 2019-08-12 |
| Type | Order |
| Subtype | Order |
| Description | Miscellaneous Order ~ Upon consideration of appellants’ memorandum brief and appellee’s response, it is ORDERED that this court accepts jurisdiction of this case, pursuant to Florida Rule of Appellate Procedure 9.160(e)(2). Further,ORDERED sua sponte that case numbers 4D19-1398, 4D19-2260, 4D19-2261, 4D19-2264, 4D19-2265, 4D19-2277, 4D19-2278, 4D19-2282, 4D19-2283, 4D19-2284, 4D19-2285, 4D19-2286, 4D19-2333, 4D19-2382, 4D19-2385 are now consolidated for all purposes. The parties shall proceed with the preparation of the record and briefing in accordance with Florida Rules of Appellate Procedure 9.160(g) and (h). The consolidated cases shall proceed under case number 4D19-1398. Further,ORDERED that appellants shall file a response, within five (5) days from the date of this order indicating whether they intend to file one consolidated initial brief or individual briefs. Further,ORDERED that the proceedings in the trial court are stayed pending further order of this court. |
| Docket Date | 2019-08-05 |
| Type | Response |
| Subtype | Response |
| Description | Response ~ TO MEMORANDUM OF LAW ON JURISDICTION |
| On Behalf Of | Infinity Indemnity Insurance Company |
| Docket Date | 2019-07-30 |
| Type | Brief |
| Subtype | Jurisdictional Brief |
| Description | Jurisdictional Brief |
| On Behalf Of | Plantation Open MRI, LLC |
| Docket Date | 2019-07-29 |
| Type | Misc. Events |
| Subtype | Case Filing Fee Paid through Portal |
| Description | Case Filing Fee Paid Through Portal |
| On Behalf Of | Plantation Open MRI, LLC |
| Docket Date | 2019-07-26 |
| Type | Notice |
| Subtype | Notice of Related Case or Issue |
| Description | Notice of Similar Case Pending |
| On Behalf Of | Infinity Indemnity Insurance Company |
| Docket Date | 2019-07-23 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| On Behalf Of | Infinity Indemnity Insurance Company |
| Docket Date | 2019-07-22 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgment Letter |
| Docket Date | 2019-07-22 |
| 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 | 2019-07-19 |
| Type | Notice |
| Subtype | Notice of Appeal |
| Description | Notice of Appeal Filed |
| On Behalf Of | Plantation Open MRI, LLC |
| Docket Date | 2019-07-19 |
| Type | Misc. Events |
| Subtype | Fee Status |
| Description | FP:Fee Paid Through Portal |
| Classification | NOA Final - Circuit Civil - Other |
| Court | 4th District Court of Appeal |
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County COCE 18005083 (54) |
Parties
| Name | CENEL SAUL |
| Role | Appellant |
| Status | Active |
| Name | PLANTATION OPEN MRI LLC |
| Role | Appellant |
| Status | Active |
| Representations | Sean Storani, Jose Font, Douglas H. Stein |
| Name | INFINITY INDEMNITY INSURANCE COMPANY |
| Role | Appellee |
| Status | Active |
| Representations | Leslie Goodman, Garrett Tozier, Suzanne Y. Labrit, Gladys Perez Villanueva |
| Name | Hon. Florence Taylor Barner |
| Role | Judge/Judicial Officer |
| Status | Active |
| Name | Clerk - Broward |
| Role | Lower Tribunal Clerk |
| Status | Active |
Docket Entries
| Docket Date | 9999-08-12 |
| Type | Misc. Events |
| Subtype | Miscellaneous Docket Entry |
| Description | Miscellaneous Entry/Document ~ ***4D19-1398, 4D19-2260, 4D19-2261, 4D19-2264, 4D19-2265, 4D19-2277, 4D19-2278, 4D19-2282, 4D19-2283, 4D19-2284, 4D19-2285, 4D19-2286, 4D19-2333, 4D19-2382, 4D19-2385 ARE CONSOLIDATED FOR ALL PURPOSES. SEE 4D19-1398 FOR ALL FUTURE DOCKET ENTRIES.*** |
| Docket Date | 2222-09-24 |
| Type | Misc. Events |
| Subtype | Miscellaneous Docket Entry |
| Description | Miscellaneous Entry/Document ~ **CASES 19-1398 AND 19-2611 ARE CONSOLIDATED FOR ALL PURPOSES AND SHALL PROCEED UNDER CASE 19-1398. SEE 09/24/2019 ORDER.** |
| Docket Date | 2020-10-09 |
| Type | Misc. Events |
| Subtype | West Publishing |
| Description | West Publishing |
| Docket Date | 2020-10-09 |
| Type | Mandate |
| Subtype | Mandate |
| Description | Mandate |
| Docket Date | 2020-09-23 |
| Type | Order |
| Subtype | Order on Motion For Attorney's Fees |
| Description | Order Granting Attorney Fees-Offer Judg. ~ ORDERED that appellee Infinity Indemnity Insurance Company's October 3, 2019 amended motion for appellate attorney's fees is granted conditioned on the trial court determining that appellant is entitled to fees under section 768.79, Florida Statutes (2017) and, if so, setting 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 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 | 2020-09-23 |
| Type | Disposition by Opinion |
| Subtype | Affirmed |
| Description | Affirmed - Authored Opinion |
| Docket Date | 2020-08-05 |
| Type | Order |
| Subtype | Order on Motion To Withdraw as Counsel |
| Description | ORD-Withdraw as Counsel ~ ORDERED that the August 3, 2020 motion of Suzanne Y. Labrit, Esquire, counsel for appellee, to withdraw as counsel is granted. This court notes the August 4, 2020 appearance of Daniel Nordby, Esquire as counsel of record for appellee. |
| Docket Date | 2020-08-04 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| On Behalf Of | Infinity Indemnity Insurance Company |
| Docket Date | 2020-08-03 |
| Type | Motions Relating to Parties and Counsel |
| Subtype | Motion To Withdraw as Counsel |
| Description | Motion To Withdraw as Counsel |
| On Behalf Of | Infinity Indemnity Insurance Company |
| Docket Date | 2020-07-07 |
| Type | Misc. Events |
| Subtype | Oral Argument Date Set |
| Description | Oral Argument Date Set ~ 4DCA |
| Docket Date | 2020-06-30 |
| Type | Notice |
| Subtype | Notice of Supplemental Authority |
| Description | Notice of Supplemental Authority |
| On Behalf Of | Infinity Indemnity Insurance Company |
| Docket Date | 2020-06-12 |
| Type | Response |
| Subtype | Response |
| Description | Response |
| On Behalf Of | Infinity Indemnity Insurance Company |
| Docket Date | 2020-06-09 |
| Type | Order |
| Subtype | Order Re: Video Oral Argument |
| Description | Order Re: Video Oral Argument ~ Given the evolving situation surrounding the COVID-19 virus, the in-person oral arguments now scheduled at the Court on July 7, 2020 are cancelled. So as not to delay the disposition of the cases, the court will conduct oral argument through Zoom video conference on that date. The week before oral argument the Clerk of the Court will provide connection instructions. Should both parties file a stipulation by noon on Monday, June 15, 2020 that they waive oral argument, the court will then decide the case based upon the briefs. If the parties do not stipulate to waive oral argument, then they shall file a notice by noon on June 15, 2020 which: (1) identifies the attorneys who will be arguing the case; and (2) provides the direct contact information for those attorneys. |
| Docket Date | 2020-05-14 |
| Type | Order |
| Subtype | Order on Motion/Request for Oral Argument |
| Description | ORD-Setting Oral Argument ~ This case is set for Oral Argument on July 7, 2020, at 10:10 A.M. for 10 minutes per side. If a side anticipates more than two attorneys sitting at counsel table during oral argument, it shall contact the Marshal’s Office by phone at least two business days before the oral argument session. The court calendars can be viewed on this court's website at HYPERLINK "http://www.4dca.org" www.4dca.org. Given the evolving situation surrounding the COVID-19 virus, the court may reschedule this oral argument or conduct oral argument by remote means.Attorneys not registered with this court’s eDCA and pro se parties are required to file a "Notice of Receipt of Oral Argument" within ten (10) days from the date of this order, acknowledging they have received this order. |
| Docket Date | 2020-04-15 |
| Type | Response |
| Subtype | Response |
| Description | Response ~ *SUPPLEMENTAL* |
| On Behalf Of | Plantation Open MRI, LLC |
| Docket Date | 2020-04-14 |
| Type | Record |
| Subtype | Record on Appeal |
| Description | Received Records ~ 759 PAGES |
| On Behalf Of | Clerk - Broward |
| Docket Date | 2020-04-03 |
| Type | Response |
| Subtype | Response |
| Description | Response |
| On Behalf Of | Plantation Open MRI, LLC |
| Docket Date | 2020-04-02 |
| Type | Order |
| Subtype | Show Cause |
| 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 April 17, 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. |
| Docket Date | 2020-03-18 |
| Type | Brief |
| Subtype | Reply Brief |
| Description | Appellant's Reply Brief |
| On Behalf Of | Plantation Open MRI, LLC |
| Docket Date | 2020-03-03 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time - Reply Brief |
| Description | Notice of Agreed Extension - Reply Brief |
| On Behalf Of | Plantation Open MRI, LLC |
| Docket Date | 2020-02-03 |
| Type | Record |
| Subtype | Appendix |
| Description | Appendix to Brief |
| On Behalf Of | Infinity Indemnity Insurance Company |
| Docket Date | 2020-02-03 |
| Type | Brief |
| Subtype | Answer Brief |
| Description | Appellee's Answer Brief |
| On Behalf Of | Infinity Indemnity Insurance Company |
| Docket Date | 2020-01-22 |
| 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 | Infinity Indemnity Insurance Company |
| Docket Date | 2019-12-19 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time - Answer Brief |
| Description | Notice of Agreed Extension - Answer Brief |
| On Behalf Of | Infinity Indemnity Insurance Company |
| Docket Date | 2019-10-18 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time - Answer Brief |
| Description | Notice of Agreed Extension - Answer Brief |
| On Behalf Of | Infinity Indemnity Insurance Company |
| Docket Date | 2019-10-03 |
| Type | Motions Relating to Attorney Fees/Costs |
| Subtype | Motion For Attorney's Fees |
| Description | Motion For Attorney's Fees ~ **2ND AMENDED** |
| On Behalf Of | Infinity Indemnity Insurance Company |
| Docket Date | 2019-10-02 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| On Behalf Of | Infinity Indemnity Insurance Company |
| Docket Date | 2019-10-02 |
| Type | Response |
| Subtype | Response |
| Description | Response ~ TO MOTION FOR APPELLATE ATTORNEY'S FEES |
| On Behalf Of | Infinity Indemnity Insurance Company |
| Docket Date | 2019-09-25 |
| Type | Motions Relating to Attorney Fees/Costs |
| Subtype | Motion For Attorney's Fees |
| Description | Motion For Attorney's Fees |
| On Behalf Of | Plantation Open MRI, LLC |
| Docket Date | 2019-09-25 |
| Type | Order |
| Subtype | Order on Motion to Supplement Record & EOT/Toll Briefing |
| Description | ORD-Allowing Attachment to Record ~ ORDERED that the appellant’s (Plantation Open MRI, LLC a/a/o Sammy Brown) September 24, 2019 motion to supplement the record is granted, and the record is supplemented to include the hearing transcript dated March 5, 2019 and hearing transcript date April 23, 2019. Said supplemental record is deemed filed as of the date of this order. |
| Docket Date | 2019-09-25 |
| Type | Motions Relating to Oral Argument |
| Subtype | Motion/Request for Oral Argument |
| Description | Request for Oral Argument |
| On Behalf Of | Plantation Open MRI, LLC |
| Docket Date | 2019-09-25 |
| Type | Brief |
| Subtype | Initial Brief |
| Description | Initial Brief on Merits |
| On Behalf Of | Plantation Open MRI, LLC |
| Docket Date | 2019-09-24 |
| Type | Record |
| Subtype | Supplemental Record |
| Description | Supplemental Records ~ ***MOTION GRANTED 9/24/19*** |
| On Behalf Of | Plantation Open MRI, LLC |
| Docket Date | 2019-09-24 |
| Type | Motions Relating to Records |
| Subtype | Motion to Supplement Record |
| Description | Motion To File Supplemental Record |
| On Behalf Of | Plantation Open MRI, LLC |
| Docket Date | 2019-08-30 |
| Type | Post-Disposition Motions |
| Subtype | Motion for Rehearing |
| Description | Motion For Rehearing ~ AND/OR REINSTATE (IN RE:19-2265) |
| On Behalf Of | Plantation Open MRI, LLC |
| Docket Date | 2019-08-30 |
| Type | Misc. Events |
| Subtype | Case Filing Fee Paid through Portal |
| Description | Case Filing Fee Paid Through Portal |
| On Behalf Of | Plantation Open MRI, LLC |
| Docket Date | 2019-08-30 |
| Type | Order |
| Subtype | Order on Motion for Rehearing |
| Description | ORD-Granting Rehearing ~ ORDERED that the appellant’s August 30, 2019 “motion for rehearing of order dismissing appeal and/or reinstate appeal” is granted. Case number 4D19-2265 is reinstated. |
| Docket Date | 2019-08-27 |
| Type | Brief |
| Subtype | Memorandum Brief |
| Description | Memorandum Brief ~ (FOR 19-2611) |
| On Behalf Of | Plantation Open MRI, LLC |
| Docket Date | 2019-08-21 |
| Type | Disposition by Order |
| Subtype | Dismissed |
| Description | ORD-Sua Sponte Dismiss-No Filing Fee ~ In case number 4D19-2265, on July 19, 2019, this court ordered the appellant to pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days. The filing fee has still not been paid as to this specific case. Therefore, it is ORDERED that case number 4D19-2265 is dismissed for nonpayment of the $300.00 filing fee. |
| Docket Date | 2019-08-16 |
| Type | Response |
| Subtype | Response |
| Description | Response |
| On Behalf Of | Plantation Open MRI, LLC |
| Docket Date | 2019-08-13 |
| Type | Motions Relating to Attorney Fees/Costs |
| Subtype | Motion For Attorney's Fees |
| Description | Motion For Attorney's Fees ~ **AMENDED** |
| On Behalf Of | Infinity Indemnity Insurance Company |
| Docket Date | 2019-08-12 |
| Type | Order |
| Subtype | Order |
| Description | Miscellaneous Order ~ Upon consideration of appellants’ memorandum brief and appellee’s response, it is ORDERED that this court accepts jurisdiction of this case, pursuant to Florida Rule of Appellate Procedure 9.160(e)(2). Further,ORDERED sua sponte that case numbers 4D19-1398, 4D19-2260, 4D19-2261, 4D19-2264, 4D19-2265, 4D19-2277, 4D19-2278, 4D19-2282, 4D19-2283, 4D19-2284, 4D19-2285, 4D19-2286, 4D19-2333, 4D19-2382, 4D19-2385 are now consolidated for all purposes. The parties shall proceed with the preparation of the record and briefing in accordance with Florida Rules of Appellate Procedure 9.160(g) and (h). The consolidated cases shall proceed under case number 4D19-1398. Further,ORDERED that appellants shall file a response, within five (5) days from the date of this order indicating whether they intend to file one consolidated initial brief or individual briefs. Further,ORDERED that the proceedings in the trial court are stayed pending further order of this court. |
| Docket Date | 2019-08-05 |
| Type | Response |
| Subtype | Response |
| Description | Response ~ TO MEMORANDUM OF LAW ON JURISDICTION |
| On Behalf Of | Infinity Indemnity Insurance Company |
| Docket Date | 2019-07-30 |
| Type | Brief |
| Subtype | Memorandum Brief |
| Description | Memorandum Brief |
| On Behalf Of | Plantation Open MRI, LLC |
| Docket Date | 2019-07-29 |
| Type | Misc. Events |
| Subtype | Case Filing Fee Paid through Portal |
| Description | Case Filing Fee Paid Through Portal |
| On Behalf Of | Plantation Open MRI, LLC |
| Docket Date | 2019-07-26 |
| Type | Notice |
| Subtype | Notice of Related Case or Issue |
| Description | Notice of Similar Case Pending |
| On Behalf Of | Infinity Indemnity Insurance Company |
| Docket Date | 2019-07-23 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| On Behalf Of | Infinity Indemnity Insurance Company |
| Docket Date | 2019-07-22 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgment Letter |
| Docket Date | 2019-07-22 |
| Type | Order |
| Subtype | Order |
| Description | Order for brief memorandum on 9.160 case ~ It appearing that Appellant has invoked the discretionary jurisdiction of this court to review a final order, otherwise appealable to the Circuit Court, in which the County Court has certified a question of great public importance, it isORDERED that, within ten (10) days from the date of this order, Appellant(s) may file a brief memorandum, not to exceed five (5) pages, addressing whether this court should exercise its discretion to review the order in question under Florida Rule of Appellate Procedure 9.160, along with an accompanying appendix containing such documents from the record in the County Court as are necessary to Appellant's arguments. Appellee(s) shall have ten (10) days thereafter to file a response, also limited to five (5) pages. FURTHER ORDERED that all other times are tolled pending order of this court as to the exercise of this court's discretionary jurisdiction. |
| Docket Date | 2019-07-19 |
| Type | Misc. Events |
| Subtype | Fee Status |
| Description | FP:Fee Paid Through Portal |
| Docket Date | 2019-07-19 |
| Type | Notice |
| Subtype | Notice of Appeal |
| Description | Notice of Appeal Filed |
| On Behalf Of | Plantation Open MRI, LLC |
| Classification | NOA Final - Circuit Civil - Other |
| Court | 4th District Court of Appeal |
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County COCE18-009429 |
Parties
| Name | PLANTATION OPEN MRI, P.A. |
| Role | Appellant |
| Status | Active |
| Representations | Sean Storani, Jose Font, Douglas H. Stein |
| Name | SAMMY BROWN |
| Role | Appellant |
| Status | Active |
| Name | INFINITY INDEMNITY INSURANCE COMPANY |
| Role | Appellee |
| Status | Active |
| Representations | Suzanne Y. Labrit, Leslie Goodman, Garrett Tozier, Gladys Perez Villanueva, Daniel E. Nordby |
| Name | Hon. Florence Taylor Barner |
| Role | Judge/Judicial Officer |
| Status | Active |
| Name | Hon. Robert W. Lee |
| Role | Judge/Judicial Officer |
| Status | Active |
| Name | Clerk - Broward |
| Role | Lower Tribunal Clerk |
| Status | Active |
Docket Entries
| Docket Date | 2020-04-03 |
| Type | Response |
| Subtype | Response |
| Description | Response |
| On Behalf Of | PLANTATION OPEN MRI, P.A. |
| Docket Date | 2020-04-02 |
| Type | Order |
| Subtype | Show Cause |
| 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 April 17, 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. |
| Docket Date | 2020-03-18 |
| Type | Brief |
| Subtype | Reply Brief |
| Description | Appellant's Reply Brief |
| On Behalf Of | PLANTATION OPEN MRI, P.A. |
| Docket Date | 9999-08-12 |
| Type | Misc. Events |
| Subtype | Miscellaneous Docket Entry |
| Description | Miscellaneous Entry/Document ~ ***4D19-1398, 4D19-2260, 4D19-2261, 4D19-2264, 4D19-2265, 4D19-2277, 4D19-2278, 4D19-2282, 4D19-2283, 4D19-2284, 4D19-2285, 4D19-2286, 4D19-2333, 4D19-2382, 4D19-2385 ARE CONSOLIDATED FOR ALL PURPOSES. SEE 4D19-1398 FOR ALL FUTURE DOCKET ENTRIES.*** |
| Docket Date | 2222-09-24 |
| Type | Misc. Events |
| Subtype | Miscellaneous Docket Entry |
| Description | Miscellaneous Entry/Document ~ **CASES 19-1398 AND 19-2611 ARE CONSOLIDATED FOR ALL PURPOSES AND SHALL PROCEED UNDER CASE 19-1398. SEE 09/24/2019 ORDER.** |
| Docket Date | 2020-10-09 |
| Type | Misc. Events |
| Subtype | West Publishing |
| Description | West Publishing |
| Docket Date | 2020-10-09 |
| Type | Mandate |
| Subtype | Mandate |
| Description | Mandate |
| Docket Date | 2020-09-23 |
| Type | Order |
| Subtype | Order on Motion For Attorney's Fees |
| Description | Order Granting Attorney Fees-Offer Judg. ~ ORDERED that appellee Infinity Indemnity Insurance Company's October 3, 2019 amended motion for appellate attorney's fees is granted conditioned on the trial court determining that appellant is entitled to fees under section 768.79, Florida Statutes (2017) and, if so, setting 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 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 | 2020-09-23 |
| Type | Disposition by Opinion |
| Subtype | Affirmed |
| Description | Affirmed - Authored Opinion |
| Docket Date | 2020-08-05 |
| Type | Order |
| Subtype | Order on Motion To Withdraw as Counsel |
| Description | ORD-Withdraw as Counsel ~ ORDERED that the August 3, 2020 motion of Suzanne Y. Labrit, Esquire, counsel for appellee, to withdraw as counsel is granted. This court notes the August 4, 2020 appearance of Daniel Nordby, Esquire as counsel of record for appellee. |
| Docket Date | 2020-08-04 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| On Behalf Of | Infinity Indemnity Insurance Company |
| Docket Date | 2020-08-03 |
| Type | Motions Relating to Parties and Counsel |
| Subtype | Motion To Withdraw as Counsel |
| Description | Motion To Withdraw as Counsel |
| On Behalf Of | Infinity Indemnity Insurance Company |
| Docket Date | 2020-07-07 |
| Type | Misc. Events |
| Subtype | Oral Argument Date Set |
| Description | Oral Argument Date Set ~ 4DCA |
| Docket Date | 2020-06-30 |
| Type | Notice |
| Subtype | Notice of Supplemental Authority |
| Description | Notice of Supplemental Authority |
| On Behalf Of | Infinity Indemnity Insurance Company |
| Docket Date | 2020-06-12 |
| Type | Response |
| Subtype | Response |
| Description | Response |
| On Behalf Of | PLANTATION OPEN MRI, P.A. |
| Docket Date | 2020-05-14 |
| Type | Order |
| Subtype | Order on Motion/Request for Oral Argument |
| Description | ORD-Setting Oral Argument ~ This case is set for Oral Argument on July 7, 2020, at 10:10 A.M. for 10 minutes per side. If a side anticipates more than two attorneys sitting at counsel table during oral argument, it shall contact the Marshal’s Office by phone at least two business days before the oral argument session. The court calendars can be viewed on this court's website at HYPERLINK "http://www.4dca.org" www.4dca.org. Given the evolving situation surrounding the COVID-19 virus, the court may reschedule this oral argument or conduct oral argument by remote means.Attorneys not registered with this court’s eDCA and pro se parties are required to file a "Notice of Receipt of Oral Argument" within ten (10) days from the date of this order, acknowledging they have received this order. |
| Docket Date | 2020-04-15 |
| Type | Response |
| Subtype | Response |
| Description | Response ~ *SUPPLEMENTAL* |
| On Behalf Of | PLANTATION OPEN MRI, P.A. |
| Docket Date | 2020-04-14 |
| Type | Record |
| Subtype | Record on Appeal |
| Description | Received Records ~ 759 PAGES |
| On Behalf Of | Clerk - Broward |
| Docket Date | 2020-03-03 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time - Reply Brief |
| Description | Notice of Agreed Extension - Reply Brief |
| On Behalf Of | PLANTATION OPEN MRI, P.A. |
| Docket Date | 2020-03-02 |
| Type | Order |
| Subtype | Order on Agreed Extension of Time |
| Description | Recognizing Agreed Extension of Time ~ 15 days to 3/19/2020 |
| Docket Date | 2020-02-03 |
| Type | Brief |
| Subtype | Answer Brief |
| Description | Appellee's Answer Brief |
| On Behalf Of | Infinity Indemnity Insurance Company |
| Docket Date | 2020-02-03 |
| Type | Record |
| Subtype | Appendix |
| Description | Appendix to Brief |
| On Behalf Of | Infinity Indemnity Insurance Company |
| Docket Date | 2020-01-23 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to Serve Answer Brief |
| Description | ORD-Answer Brief to be Served ~ ORDERED that appellee's January 22, 2020 motion for extension of time is granted, and appellee shall serve the answer brief within ten (10) days from the date of this order. In addition, appellee is notified that the failure to serve the brief within the time provided herein will foreclose appellee's right to file a brief or otherwise participate in this appeal, or the court in its discretion may impose other sanctions. Appellee is advised that no further extensions will be granted absent a detailed explanation for why the answer brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant. |
| Docket Date | 2019-12-19 |
| Type | Order |
| Subtype | Order on Agreed Extension of Time |
| Description | Recognizing Agreed Extension of Time ~ 30 DAYS TO 1/23/20 |
| Docket Date | 2019-10-18 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time - Answer Brief |
| Description | Notice of Agreed Extension - Answer Brief |
| On Behalf Of | Infinity Indemnity Insurance Company |
| Docket Date | 2019-10-18 |
| Type | Order |
| Subtype | Order on Agreed Extension of Time |
| Description | Recognizing Agreed Extension of Time ~ 60 DAYS TO 12/24/19 |
| Docket Date | 2019-10-03 |
| Type | Motions Relating to Attorney Fees/Costs |
| Subtype | Motion For Attorney's Fees |
| Description | Motion For Attorney's Fees ~ **2ND AMENDED** |
| On Behalf Of | Infinity Indemnity Insurance Company |
| Docket Date | 2019-10-02 |
| Type | Response |
| Subtype | Response |
| Description | Response ~ TO MOTION FOR APPELLATE ATTORNEY'S FEES |
| On Behalf Of | Infinity Indemnity Insurance Company |
| Docket Date | 2019-10-02 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| On Behalf Of | Infinity Indemnity Insurance Company |
| Docket Date | 2019-09-25 |
| Type | Motions Relating to Oral Argument |
| Subtype | Motion/Request for Oral Argument |
| Description | Request for Oral Argument |
| On Behalf Of | PLANTATION OPEN MRI, P.A. |
| Docket Date | 2019-09-25 |
| Type | Brief |
| Subtype | Initial Brief |
| Description | Initial Brief on Merits |
| On Behalf Of | PLANTATION OPEN MRI, P.A. |
| Docket Date | 2019-09-25 |
| Type | Motions Relating to Attorney Fees/Costs |
| Subtype | Motion For Attorney's Fees |
| Description | Motion For Attorney's Fees |
| On Behalf Of | PLANTATION OPEN MRI, P.A. |
| Docket Date | 2019-09-24 |
| Type | Motions Relating to Records |
| Subtype | Motion to Supplement Record |
| Description | Motion To File Supplemental Record |
| On Behalf Of | PLANTATION OPEN MRI, P.A. |
| Docket Date | 2019-09-24 |
| Type | Record |
| Subtype | Supplemental Record |
| Description | Supplemental Records ~ ***MOTION GRANTED 9/24/19*** |
| On Behalf Of | PLANTATION OPEN MRI, P.A. |
| Docket Date | 2019-08-30 |
| Type | Misc. Events |
| Subtype | Case Filing Fee Paid through Portal |
| Description | Case Filing Fee Paid Through Portal |
| On Behalf Of | PLANTATION OPEN MRI, P.A. |
| Docket Date | 2019-08-30 |
| Type | Post-Disposition Motions |
| Subtype | Motion for Rehearing |
| Description | Motion For Rehearing ~ AND/OR REINSTATE (IN RE:19-2265) |
| On Behalf Of | PLANTATION OPEN MRI, P.A. |
| Docket Date | 2019-08-30 |
| Type | Order |
| Subtype | Order on Motion for Rehearing |
| Description | ORD-Granting Rehearing ~ ORDERED that the appellant’s August 30, 2019 “motion for rehearing of order dismissing appeal and/or reinstate appeal” is granted. Case number 4D19-2265 is reinstated. |
| Docket Date | 2019-08-27 |
| Type | Brief |
| Subtype | Memorandum Brief |
| Description | Memorandum Brief ~ (FOR 19-2611) |
| On Behalf Of | PLANTATION OPEN MRI, P.A. |
| Docket Date | 2019-08-21 |
| Type | Disposition by Order |
| Subtype | Dismissed |
| Description | ORD-Sua Sponte Dismiss-No Filing Fee ~ **DISMISSED AS TO 19-2265 ONLY** In case number 4D19-2265, on July 19, 2019, this court ordered the appellant to pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days. The filing fee has still not been paid as to this specific case. Therefore, it is ORDERED that case number 4D19-2265 is dismissed for nonpayment of the $300.00 filing fee. |
| Docket Date | 2019-08-16 |
| Type | Response |
| Subtype | Response |
| Description | Response |
| On Behalf Of | PLANTATION OPEN MRI, P.A. |
| Docket Date | 2019-08-13 |
| Type | Motions Relating to Attorney Fees/Costs |
| Subtype | Motion For Attorney's Fees |
| Description | Motion For Attorney's Fees ~ **AMENDED** |
| On Behalf Of | Infinity Indemnity Insurance Company |
| Docket Date | 2019-08-12 |
| Type | Order |
| Subtype | Order |
| Description | Miscellaneous Order ~ Upon consideration of appellants’ memorandum brief and appellee’s response, it is ORDERED that this court accepts jurisdiction of this case, pursuant to Florida Rule of Appellate Procedure 9.160(e)(2). Further,ORDERED sua sponte that case numbers 4D19-1398, 4D19-2260, 4D19-2261, 4D19-2264, 4D19-2265, 4D19-2277, 4D19-2278, 4D19-2282, 4D19-2283, 4D19-2284, 4D19-2285, 4D19-2286, 4D19-2333, 4D19-2382, 4D19-2385 are now consolidated for all purposes. The parties shall proceed with the preparation of the record and briefing in accordance with Florida Rules of Appellate Procedure 9.160(g) and (h). The consolidated cases shall proceed under case number 4D19-1398. Further,ORDERED that appellants shall file a response, within five (5) days from the date of this order indicating whether they intend to file one consolidated initial brief or individual briefs. Further,ORDERED that the proceedings in the trial court are stayed pending further order of this court. |
| Docket Date | 2019-07-24 |
| Type | Notice |
| Subtype | Notice of Related Case or Issue |
| Description | Notice of Similar Case Pending |
| On Behalf Of | Infinity Indemnity Insurance Company |
| Docket Date | 2019-06-27 |
| Type | Motions Relating to Attorney Fees/Costs |
| Subtype | Motion For Attorney's Fees |
| Description | Motion For Attorney's Fees ~ ***SEE AMENDED MOTION FILED 8/13/19*** |
| On Behalf Of | Infinity Indemnity Insurance Company |
| Docket Date | 2019-06-03 |
| Type | Response |
| Subtype | Response |
| Description | Response ~ TO MEMORANDUM BRIEF |
| On Behalf Of | Infinity Indemnity Insurance Company |
| Docket Date | 2019-05-28 |
| Type | Brief |
| Subtype | Memorandum Brief |
| Description | Memorandum Brief ~ OF LAW ON JURISDICTION |
| On Behalf Of | PLANTATION OPEN MRI, P.A. |
| Docket Date | 2019-05-20 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| On Behalf Of | Infinity Indemnity Insurance Company |
| Docket Date | 2019-05-20 |
| Type | Misc. Events |
| Subtype | Case Filing Fee Paid through Portal |
| Description | Case Filing Fee Paid Through Portal |
| On Behalf Of | PLANTATION OPEN MRI, P.A. |
| Docket Date | 2019-05-17 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgment Letter |
| Docket Date | 2019-05-16 |
| Type | Notice |
| Subtype | Notice of Appeal |
| Description | Notice of Appeal Filed |
| On Behalf Of | PLANTATION OPEN MRI, P.A. |
| Docket Date | 2019-05-16 |
| Type | Misc. Events |
| Subtype | Fee Status |
| Description | FP:Fee Paid Through Portal |
| Docket Date | 2020-06-09 |
| Type | Order |
| Subtype | Order Re: Video Oral Argument |
| Description | Order Re: Video Oral Argument ~ Given the evolving situation surrounding the COVID-19 virus, the in-person oral arguments now scheduled at the Court on July 7, 2020 are cancelled. So as not to delay the disposition of the cases, the court will conduct oral argument through Zoom video conference on that date. The week before oral argument the Clerk of the Court will provide connection instructions. Should both parties file a stipulation by noon on Monday, June 15, 2020 that they waive oral argument, the court will then decide the case based upon the briefs. If the parties do not stipulate to waive oral argument, then they shall file a notice by noon on June 15, 2020 which: (1) identifies the attorneys who will be arguing the case; and (2) provides the direct contact information for those attorneys. |
| Docket Date | 2020-01-22 |
| 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 | Infinity Indemnity Insurance Company |
| Docket Date | 2019-12-19 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time - Answer Brief |
| Description | Notice of Agreed Extension - Answer Brief |
| On Behalf Of | Infinity Indemnity Insurance Company |
| Docket Date | 2019-09-25 |
| Type | Order |
| Subtype | Order on Motion to Supplement Record & EOT/Toll Briefing |
| Description | ORD-Allowing Attachment to Record ~ ORDERED that the appellant’s (Plantation Open MRI, LLC a/a/o Sammy Brown) September 24, 2019 motion to supplement the record is granted, and the record is supplemented to include the hearing transcript dated March 5, 2019 and hearing transcript date April 23, 2019. Said supplemental record is deemed filed as of the date of this order. |
| Docket Date | 2019-09-24 |
| Type | Order |
| Subtype | Order |
| Description | ORD-Sua Sponte ~ Upon consideration of appellant’s August 27, 2019 “memorandum of law on jurisdiction and consolidation,” it is ORDERED that this court accepts jurisdiction of case number 4D19-2611, pursuant to Florida Rule of Appellate Procedure 9.160(e)(2). Further,ORDERED sua sponte that case number 4D19-2611 and the consolidated cases proceeding in case number 4D19-1398 are now consolidated for all purposes. The parties shall proceed with the preparation of the record and briefing in accordance with Florida Rules of Appellate Procedure 9.160(g) and (h). All consolidated cases shall proceed under case number 4D19-1398. Appellants shall file a single initial brief addressing the issues of all appeals. Further,ORDERED that the proceedings in the trial court are stayed pending further order of this court. |
| Docket Date | 2019-08-26 |
| Type | Order |
| Subtype | Order |
| Description | Order for brief memorandum on 9.160 case ~ It appearing that Appellant has invoked the discretionary jurisdiction of this court to review a final order, otherwise appealable to the Circuit Court, in which the County Court has certified a question of great public importance, it is ORDERED that, within ten (10) days from the date of this order, Appellant may file a brief memorandum, not to exceed five (5) pages, addressing whether this court should exercise its discretion to review the order in question under Florida Rule of Appellate Procedure 9.160, along with an accompanying appendix containing such documents from the record in the County Court as are necessary to Appellant's arguments. Appellee shall have ten (10) days thereafter to file a response, also limited to five (5) pages. Further,ORDERED that all other times are tolled pending order of this court as to the exercise of this court's discretionary jurisdiction. Further, Upon consideration of Appellee’s August 21, 2019 notice of related cases, it is ORDERED sua sponte that the parties shall show cause in writing, if any there be, within ten (10) days from the date of this order, why case number 4D19-2611 should not be consolidated for all purposes with the previously consolidated cases currently pending in 4D19-1398. |
| Docket Date | 2019-06-25 |
| Type | Order |
| Subtype | Order |
| Description | Miscellaneous Order ~ Upon consideration of appellant’s May 28, 2019 memorandum brief and appellee’s June 3, 2019 response, it is ORDERED that this court accepts jurisdiction of this case, pursuant to Florida Rule of Appellate Procedure 9.160(e)(2). The parties shall proceed with the preparation of the record and briefing in accordance with Florida Rules of Appellate Procedure 9.160(g) and (h); further, ORDERED that the proceedings in the trial court are stayed pending further order of this court. |
| Docket Date | 2019-05-17 |
| Type | Order |
| Subtype | Order |
| Description | Order for brief memorandum on 9.160 case ~ It appearing that Appellant has invoked the discretionary jurisdiction of this court to review a final order, otherwise appealable to the Circuit Court, in which the County Court has certified a question of great public importance, it isORDERED that, within ten (10) days from the date of this order, Appellant(s) may file a brief memorandum, not to exceed five (5) pages, addressing whether this court should exercise its discretion to review the order in question under Florida Rule of Appellate Procedure 9.160, along with an accompanying appendix containing such documents from the record in the County Court as are necessary to Appellant's arguments. Appellee(s) shall have ten (10) days thereafter to file a response, also limited to five (5) pages. FURTHER ORDERED that all other times are tolled pending order of this court as to the exercise of this court's discretionary jurisdiction. |
| Classification | NOA Final - Circuit Civil - Other |
| Court | 2nd District Court of Appeal |
| Originating Court |
Circuit Court for the Sixth Judicial Circuit, Pinellas County 2016CA004255XXCICI |
Parties
| Name | INFINITY INDEMNITY INSURANCE COMPANY |
| Role | Appellant |
| Status | Active |
| Representations | Jamie Combee - Novaes, Esq., SCOTT J. FRANK, ESQ. |
| Name | KENNETH J. ANDREWS |
| Role | Appellee |
| Status | Active |
| Representations | CHARLES M. SCHROPP, ESQ., BARRY E. BERGER, ESQ., JAMES J. DOWLING, ESQ. |
| 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 | 2020-02-26 |
| Type | Response |
| Subtype | Response |
| Description | RESPONSE ~ APPELLEE'S REPONSE TO APPELLANT'S MOTION FOR ATTORNEY'S FEES |
| On Behalf Of | KENNETH J. ANDREWS |
| Docket Date | 2020-06-23 |
| Type | Mandate |
| Subtype | Mandate |
| Description | Mandate |
| Docket Date | 2020-06-03 |
| Type | Order |
| Subtype | Order |
| Description | Miscellaneous Order ~ Appellee's motion for appellate attorney's fees is remanded to the circuit court for determination of entitlement and if a finding of entitlement is made, for the circuit court to determine the appropriate amount of the award. Appellant's motion for appellate attorney's fees is denied. |
| Docket Date | 2020-06-03 |
| Type | Disposition by Opinion |
| Subtype | Affirmed |
| Description | Affirmed - Per Curiam Affirmed |
| Docket Date | 2020-05-20 |
| Type | Misc. Events |
| Subtype | Oral Argument Date Set |
| Description | Oral Argument Date Set ~ Tampa |
| Docket Date | 2020-02-21 |
| Type | Record |
| Subtype | Appendix to Motion |
| Description | ALL OTHER MOTIONS APPENDIX/ATTACHMENT ~ APPENDIX TO APPELLANT INFINITY INDEMNITY INSURANCE COMPANY'S MOTION FOR APPELLANT ATTORNEY'S FEES |
| On Behalf Of | INFINITY INDEMNITY INSURANCE COMPANY |
| Docket Date | 2020-02-21 |
| Type | Motions Relating to Attorney Fees/Costs |
| Subtype | Motion For Attorney's Fees |
| Description | Motion For Attorney's Fees |
| On Behalf Of | INFINITY INDEMNITY INSURANCE COMPANY |
| Docket Date | 2020-02-21 |
| Type | Brief |
| Subtype | Reply Brief |
| Description | Appellant Reply Brief |
| On Behalf Of | INFINITY INDEMNITY INSURANCE COMPANY |
| Docket Date | 2020-01-16 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time |
| Description | Stipulation for Extension of Time ~ 30 - RB DUE 2/21/20 |
| On Behalf Of | INFINITY INDEMNITY INSURANCE COMPANY |
| Docket Date | 2019-12-09 |
| Type | Response |
| Subtype | Response |
| Description | RESPONSE ~ APPELLANT INFINITY INDEMNITY INSURANCE COMPANY'S RESPONSE TO APPELLANT'S MOTION FOR APPELLATE ATTORNEY'S FEES |
| On Behalf Of | INFINITY INDEMNITY INSURANCE COMPANY |
| Docket Date | 2019-12-09 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time |
| Description | Stipulation for Extension of Time ~ 30 - RB DUE 1/22/20 |
| On Behalf Of | INFINITY INDEMNITY INSURANCE COMPANY |
| Docket Date | 2019-11-22 |
| Type | Motions Relating to Attorney Fees/Costs |
| Subtype | Motion For Attorney's Fees |
| Description | Motion For Attorney's Fees |
| On Behalf Of | KENNETH J. ANDREWS |
| Docket Date | 2019-11-22 |
| Type | Brief |
| Subtype | Answer Brief |
| Description | Appellee Answer Brief |
| On Behalf Of | KENNETH J. ANDREWS |
| Docket Date | 2019-11-18 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time |
| Description | Stipulation for Extension of Time ~ 4 - AB DUE 11/22/19 |
| On Behalf Of | KENNETH J. ANDREWS |
| Docket Date | 2019-11-08 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time |
| Description | Stipulation for Extension of Time ~ 10 - AB DUE 11/18/19 |
| On Behalf Of | KENNETH J. ANDREWS |
| Docket Date | 2019-10-08 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time |
| Description | Stipulation for Extension of Time ~ 30 - AB DUE 11/8/19 |
| On Behalf Of | KENNETH J. ANDREWS |
| Docket Date | 2019-09-20 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time |
| Description | Stipulation for Extension of Time ~ 15 - AB due 10/09/19 |
| On Behalf Of | KENNETH J. ANDREWS |
| Docket Date | 2019-08-21 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time |
| Description | Stipulation for Extension of Time ~ 15 - AB due 09/24/19 |
| On Behalf Of | KENNETH J. ANDREWS |
| Docket Date | 2019-08-08 |
| Type | Motions Relating to Oral Argument |
| Subtype | Motion/Request for Oral Argument |
| Description | Request for Oral Argument |
| On Behalf Of | INFINITY INDEMNITY INSURANCE COMPANY |
| Docket Date | 2019-08-08 |
| Type | Brief |
| Subtype | Initial Brief |
| Description | Initial Appellant Brief on Merits |
| On Behalf Of | INFINITY INDEMNITY INSURANCE COMPANY |
| Docket Date | 2019-07-08 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time |
| Description | Stipulation for Extension of Time ~ 30 - IB due 08/12/19 |
| On Behalf Of | INFINITY INDEMNITY INSURANCE COMPANY |
| Docket Date | 2019-06-14 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| On Behalf Of | KENNETH J. ANDREWS |
| Docket Date | 2019-05-29 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time |
| Description | Stipulation for Extension of Time ~ 30 - IB due 07/11/19 |
| On Behalf Of | INFINITY INDEMNITY INSURANCE COMPANY |
| Docket Date | 2019-05-20 |
| Type | Record |
| Subtype | Record on Appeal |
| Description | Received Records ~ COVERT - 754 PAGES |
| Docket Date | 2019-04-22 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| On Behalf Of | INFINITY INDEMNITY INSURANCE COMPANY |
| Docket Date | 2019-04-03 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgment Letter 1 |
| Docket Date | 2019-04-03 |
| Type | Misc. Events |
| Subtype | Fee Status |
| Description | A3:Paid In Full - $300 |
| Docket Date | 2019-04-03 |
| Type | Order |
| Subtype | Order on Filing Fee |
| Description | fee - civil; atty |
| Docket Date | 2019-04-03 |
| Type | Notice |
| Subtype | Notice of Appeal |
| Description | Notice of Appeal Filed ~ WITH ORDER |
| On Behalf Of | INFINITY INDEMNITY INSURANCE COMPANY |
| Docket Date | 2020-04-15 |
| Type | Order |
| Subtype | Order Re: Video Oral Argument |
| Description | Video Oral Argument ~ To mitigate the impact of the COVID-19 outbreak while continuing with the orderly processing of cases, the oral argument in this case will be conducted by video conference on the date scheduled. If the assigned judges decide that the Court will not benefit from oral argument or the parties file a joint stipulation to waive oral argument, the parties will be notified by order that the oral argument is canceled and the case will be resolved on the record and briefs. The Clerk of the Court will provide connection instructions to each participant one week before the argument. |
| Docket Date | 2020-03-05 |
| Type | Order |
| Subtype | Order on Motion/Request for Oral Argument |
| Description | Oral Argument Notice ~ This case is provisionally set for oral argument on WEDNESDAY, MAY 20, 2020, at 9:30 A.M., before: Judge Morris Silberman, Judge Anthony K. Black, Judge J. Andrew Atkinson. 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. |
| Classification | NOA Final - Circuit Civil - Other |
| Court | 2nd District Court of Appeal |
| Originating Court |
Circuit Court for the Thirteenth Judicial Circuit, Hillsborough County 11-CA-11940 |
Parties
| Name | JOHN E. MOXLEY |
| Role | Appellant |
| Status | Active |
| Representations | BRENT G. STEINBERG, ESQ., BRANDON G. CATHEY, ESQ. |
| Name | ESTATE OF: JAKE BELL |
| Role | Appellant |
| Status | Active |
| Name | INFINITY INDEMNITY INSURANCE COMPANY |
| Role | Appellee |
| Status | Active |
| Name | U-HAUL CO. OF FLORIDA |
| Role | Appellee |
| Status | Active |
| Representations | CARY HALL, ESQ., BRETT J. PRESTON, ESQ., JENNIFER AXEL, ESQ. |
| Name | HILLSBOROUGH CLERK |
| Role | Lower Tribunal Clerk |
| Status | Active |
Docket Entries
| Docket Date | 2020-03-06 |
| Type | Disposition |
| Subtype | Dismissed |
| Description | Dismissed - Order by Clerk |
| Docket Date | 2020-03-06 |
| Type | Disposition by Order |
| Subtype | Dismissed |
| Description | ORDER GRANTING VOLUNTARY DISMISSAL |
| Docket Date | 2020-03-05 |
| Type | Order |
| Subtype | Order |
| Description | Miscellaneous Order ~ As a disposition of case 2D18-1530 was entered on December 27, 2019, with an order denying rehearing entered on February 26, 2020, the stay in case 2D18-3818 is lifted. The appellant shall serve the initial brief within 30 days of the date of this order. |
| Docket Date | 2020-03-05 |
| Type | Motions Other |
| Subtype | Motion/Notice Voluntary Dismissal |
| Description | Notice of Voluntary Dismissal |
| On Behalf Of | JOHN E. MOXLEY |
| Docket Date | 2019-11-25 |
| Type | Order |
| Subtype | Order to File Status Report |
| Description | status report within * days ~ The appellant shall file an updated status report on or shortly before the date falling 120 days from the date of this order, or upon the disposition of case 2D18-1530, whichever is sooner. |
| Docket Date | 2019-11-05 |
| Type | Misc. Events |
| Subtype | Status Report |
| Description | Status Report ~ |
| On Behalf Of | JOHN E. MOXLEY |
| Docket Date | 2019-07-09 |
| Type | Order |
| Subtype | Order to File Status Report |
| Description | status report within * days ~ The appellant shall file an updated status report on or shortly before the date falling 120 days from the date of this order, or upon the disposition of case 2D18-1530, whichever is sooner. |
| Docket Date | 2019-07-08 |
| Type | Misc. Events |
| Subtype | Status Report |
| Description | Status Report |
| On Behalf Of | JOHN E. MOXLEY |
| Docket Date | 2019-04-17 |
| Type | Order |
| Subtype | Order on Motion To Withdraw as Counsel |
| Description | ORDER GRANTING TO WITHDRAW AS COUNSEL ~ The motion to withdraw as counsel for appellee U-Haul Co. of Florida filed by Attorney Landis V. Curry III is granted. Attorney Curry shall have no further responsibilities in this appeal. Attorneys Brett J. Preston, Cary Hall, and Jennifer Axel remain counsel of record for the appellee. |
| Docket Date | 2019-04-16 |
| Type | Motions Relating to Parties and Counsel |
| Subtype | Motion To Withdraw as Counsel |
| Description | Motion To Withdraw as Counsel |
| On Behalf Of | U-HAUL CO. OF FLORIDA |
| Docket Date | 2019-04-12 |
| Type | Order |
| Subtype | Order to File Status Report |
| Description | status report within * days ~ The appellant shall file an updated status report on or shortly before the date falling 90 days from the date of this order, or upon the disposition of case 2D18-1530, whichever is sooner. |
| Docket Date | 2019-04-10 |
| Type | Misc. Events |
| Subtype | Status Report |
| Description | Status Report |
| On Behalf Of | JOHN E. MOXLEY |
| Docket Date | 2019-01-14 |
| Type | Order |
| Subtype | Order |
| Description | Miscellaneous Order ~ The appellant shall file an updated status report on or shortly before the date falling 90 days from the date of this order, or upon the disposition of case 2D18-1530, whichever is sooner. |
| Docket Date | 2019-01-08 |
| Type | Misc. Events |
| Subtype | Status Report |
| Description | Status Report |
| On Behalf Of | JOHN E. MOXLEY |
| Docket Date | 2018-10-12 |
| Type | Order |
| Subtype | Order on Motion to Stay |
| Description | Grant Stay-55 ~ The appellant's motion to stay appeal is granted. This appeal shall be stayed pending final disposition of case 2D18-1530. The appellant shall file a status report upon the disposition of case 2D18-1530 or on the date that falls 90 days from the date of this order, whichever is earlier. |
| Docket Date | 2018-10-03 |
| Type | Motions Other |
| Subtype | Motion To Stay |
| Description | Motion To Stay |
| On Behalf Of | JOHN E. MOXLEY |
| Docket Date | 2018-10-01 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| On Behalf Of | U-HAUL CO. OF FLORIDA |
| Docket Date | 2018-09-25 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgment Letter 1 |
| Docket Date | 2018-09-25 |
| Type | Misc. Events |
| Subtype | Case Filing Fee Paid through Portal |
| Description | Case Filing Fee Paid through Portal |
| On Behalf Of | JOHN E. MOXLEY |
| Docket Date | 2018-09-25 |
| Type | Order |
| Subtype | Order on Filing Fee |
| Description | fee - civil; atty |
| Docket Date | 2018-09-25 |
| Type | Notice |
| Subtype | Notice of Appeal |
| Description | Notice of Appeal Filed ~ w/order appealed |
| On Behalf Of | JOHN E. MOXLEY |
| Classification | NOA Final - Circuit Civil - Other |
| Court | 2nd District Court of Appeal |
| Originating Court |
Circuit Court for the Thirteenth Judicial Circuit, Hillsborough County 11-CA-11940 |
Parties
| Name | JOHN E. MOXLEY |
| Role | Appellant |
| Status | Active |
| Representations | DANIEL L. GREENE, ESQ., BRANDON G. CATHEY, ESQ., BRENT G. STEINBERG, ESQ. |
| Name | INFINITY INDEMNITY INSURANCE COMPANY |
| Role | Appellee |
| Status | Active |
| Name | U-HAUL CO. OF FLORIDA |
| Role | Appellee |
| Status | Active |
| Representations | DAVID A. MERCER, ESQ., BRETT J. PRESTON, ESQ., Daniel A Rock, Esq., WENDY F. LUMISH, ESQ., LANDIS V. CURRY, I I I, ESQ., CARY HALL, ESQ., JENNIFER AXEL, ESQ., LEWIS F. COLLINS, JR., ESQ. |
| Name | HON. MARTHA J. COOK |
| Role | Judge/Judicial Officer |
| Status | Active |
| Name | HILLSBOROUGH CLERK |
| Role | Lower Tribunal Clerk |
| Status | Active |
Docket Entries
| Docket Date | 2020-03-26 |
| Type | Mandate |
| Subtype | Mandate |
| Description | Mandate |
| Docket Date | 2020-02-26 |
| Type | Order |
| Subtype | Order on Motion for Rehearing |
| Description | ORD-DENYING REHEARING |
| Docket Date | 2020-01-23 |
| Type | Response |
| Subtype | Response |
| Description | RESPONSE ~ APPELLEE'S RESPONSE TO APPELLANT'S MOTION FOR ISSUANCE OF WRITTEN OPINION AND REHEARING |
| On Behalf Of | U-HAUL CO. OF FLORIDA |
| Docket Date | 2020-01-10 |
| Type | Post-Disposition Motions |
| Subtype | Motion for Written Opinion |
| Description | Motion for Written Opinion ~ AND REHEARING |
| On Behalf Of | JOHN E. MOXLEY |
| Docket Date | 2019-12-27 |
| Type | Disposition by Opinion |
| Subtype | Affirmed |
| Description | Affirmed - Per Curiam Affirmed |
| Docket Date | 2019-12-27 |
| Type | Order |
| Subtype | Order |
| Description | Miscellaneous Order ~ Appellee's motion for appellate attorney's fees is granted in an amount to be determined by the trial court. Appellee's request for costs is stricken without prejudice to Appellee's right to file a timely motion with the lower tribunal. See Fla. R. App. P. 9.400(a). Appellant's motion for appellate attorney's fees is denied. |
| Docket Date | 2019-12-19 |
| Type | Misc. Events |
| Subtype | Oral Argument Date Set |
| Description | Oral Argument Date Set ~ Tampa |
| Docket Date | 2019-10-03 |
| 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 19, 2019, at 9:30 A.M., before: Judge Stevan T. Northcutt, Judge Anthony K. Black, Judge Samuel J. Salario, Jr. 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 | 2019-09-09 |
| Type | Order |
| Subtype | Order on Motion For Continuation of Oral Argument |
| Description | ORD-GRANTING CONTINUANCE OF OA ~ Appellant’s motion filed September 9, 2019, for continuance of oral argument is granted. Oral argument scheduled for September 11, 2019, is canceled and will be rescheduled for a later date. |
| Docket Date | 2019-09-09 |
| Type | Motions Other |
| Subtype | Request for Emergency Treatment |
| Description | Emergency Motion ~ APPELLANT'S UNOPPOSED EMERGENCY MOTION TO POSTPONE ORAL ARGUMENT DUE TO ILLNESS OF COUNSEL |
| On Behalf Of | JOHN E. MOXLEY |
| Docket Date | 2019-07-03 |
| Type | Order |
| Subtype | Order on Motion/Request for Oral Argument |
| Description | Oral Argument Notice ~ This case is provisionally set for oral argument on WEDNESDAY, SEPTEMBER 11, 2019, at 9:30 A.M., before: Judge Stevan T. Northcutt, Judge Darryl C. Casanueva, Judge Morris Silberman. 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 | 2019-04-24 |
| Type | Brief |
| Subtype | Reply Brief |
| Description | Appellant Reply Brief |
| On Behalf Of | JOHN E. MOXLEY |
| Docket Date | 2019-03-18 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time |
| Description | Stipulation for Extension of Time ~ 30 - RB due 04/24/19 |
| On Behalf Of | JOHN E. MOXLEY |
| Docket Date | 2019-02-18 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time |
| Description | Stipulation for Extension of Time ~ 30 - RB due 03/25/19 |
| On Behalf Of | JOHN E. MOXLEY |
| Docket Date | 2019-02-06 |
| Type | Response |
| Subtype | Response |
| Description | RESPONSE ~ APPELLANT'S RESPONSE IN OPPOSITION TO APPELLEE'S MOTION FOR APPELLATE ATTORNEY'S FEES |
| On Behalf Of | JOHN E. MOXLEY |
| Docket Date | 2019-01-22 |
| Type | Motions Relating to Attorney Fees/Costs |
| Subtype | Motion For Attorney's Fees |
| Description | Motion For Attorney's Fees |
| On Behalf Of | U-HAUL CO. OF FLORIDA |
| Docket Date | 2019-01-22 |
| Type | Brief |
| Subtype | Answer Brief |
| Description | Appellee Answer Brief |
| On Behalf Of | U-HAUL CO. OF FLORIDA |
| Docket Date | 2018-12-14 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time |
| Description | Stipulation for Extension of Time ~ 30 - AB due 01/21/19 |
| On Behalf Of | U-HAUL CO. OF FLORIDA |
| Docket Date | 2018-11-20 |
| Type | Response |
| Subtype | Response |
| Description | RESPONSE ~ APPELLEE'S RESPONSE TO APPELLANT'S CONTINGENT MOTION FOR ATTORNEY'S FEES |
| On Behalf Of | U-HAUL CO. OF FLORIDA |
| Docket Date | 2018-11-16 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time |
| Description | Stipulation for Extension of Time ~ 30 - AB due 12/21/18 |
| On Behalf Of | U-HAUL CO. OF FLORIDA |
| Docket Date | 2018-10-18 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to File Response |
| Description | GR. EOT FILE RES. NO MORE EOT ~ Appellee U-Haul Co. of Florida's motion for an extension of time is granted to the extent that Appellee may serve a response to Appellant's contingent motion for attorney's fees by November 21, 2018. |
| Docket Date | 2018-10-17 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to File Response |
| Description | Motion Extension of time To File Response ~ APPELLEE, U-HAUL CO. OF FLORIDA'S MOTION FOR EXTENSION OF TIME TO RESPOND TO APPELLANT'S CONTINGENT MOTION FOR ATTORNEY'S FEES |
| On Behalf Of | U-HAUL CO. OF FLORIDA |
| Docket Date | 2018-10-17 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time |
| Description | Stipulation for Extension of Time ~ 30 - AB due 11/21/18 |
| On Behalf Of | U-HAUL CO. OF FLORIDA |
| Docket Date | 2018-10-12 |
| Type | Order |
| Subtype | Order on Motion to Stay |
| Description | Grant Stay-55 ~ The appellant's motion to stay appeal is granted. This appeal shall be stayed pending final disposition of case 2D18-1530. The appellant shall file a status report upon the disposition of case 2D18-1530 or on the date that falls 90 days from the date of this order, whichever is earlier. |
| Docket Date | 2018-10-08 |
| Type | Motions Relating to Attorney Fees/Costs |
| Subtype | Motion For Attorney's Fees |
| Description | Motion For Attorney's Fees ~ APPELLANT'S CONTINGENT MOTION FOR ATTORNEY'S FEES |
| On Behalf Of | JOHN E. MOXLEY |
| Docket Date | 2018-10-01 |
| Type | Motions Relating to Oral Argument |
| Subtype | Motion/Request for Oral Argument |
| Description | Request for Oral Argument |
| On Behalf Of | JOHN E. MOXLEY |
| Docket Date | 2018-09-26 |
| Type | Brief |
| Subtype | Initial Brief |
| Description | Initial Appellant Brief on Merits |
| On Behalf Of | JOHN E. MOXLEY |
| Docket Date | 2018-08-24 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time |
| Description | Stipulation for Extension of Time ~ 30 - IB due 09/26/18 |
| On Behalf Of | JOHN E. MOXLEY |
| Docket Date | 2018-07-24 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time |
| Description | Stipulation for Extension of Time ~ 30 - IB due 08/27/18 |
| On Behalf Of | JOHN E. MOXLEY |
| Docket Date | 2018-07-10 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| On Behalf Of | U-HAUL CO. OF FLORIDA |
| Docket Date | 2018-06-19 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time |
| Description | Stipulation for Extension of Time ~ 30 - IB due 07/26/18 |
| On Behalf Of | JOHN E. MOXLEY |
| Docket Date | 2018-06-07 |
| Type | Record |
| Subtype | Record on Appeal |
| Description | Received Records ~ WOLFE - REDACTED - PART 1 - 5584 PAGES |
| Docket Date | 2018-06-06 |
| Type | Record |
| Subtype | Record on Appeal |
| Description | Received Records ~ COOK - REDACTED - PART 2- 4297 PAGES |
| Docket Date | 2018-05-03 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| On Behalf Of | U-HAUL CO. OF FLORIDA |
| Docket Date | 2018-04-23 |
| Type | Miscellaneous Document |
| Subtype | Lower Tribunal Transmittal Cover Sheet |
| Description | LOWER TRIBUNAL TRANSMITTAL COVER SHEET |
| Docket Date | 2018-04-23 |
| Type | Misc. Events |
| Subtype | Case Filing Fee Paid through Portal |
| Description | Case Filing Fee Paid through Portal |
| On Behalf Of | JOHN E. MOXLEY |
| Docket Date | 2018-04-20 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgment Letter 1 |
| Docket Date | 2018-04-20 |
| Type | Order |
| Subtype | Order on Filing Fee |
| Description | fee - civil; atty |
| Docket Date | 2018-04-19 |
| Type | Notice |
| Subtype | Notice of Appeal |
| Description | Notice of Appeal Filed |
| On Behalf Of | JOHN E. MOXLEY |
| Docket Date | 2018-04-19 |
| Type | Misc. Events |
| Subtype | Fee Status |
| Description | FP:Fee Paid Through Portal |
| Classification | Original Proceedings - Circuit Civil - Prohibition |
| Court | 3rd District Court of Appeal |
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County 13-19660 |
Parties
| Name | DELIA REYES |
| Role | Appellant |
| Status | Active |
| Representations | FRANK L. LABRADOR, LAURI WALDMAN ROSS, PETE L. DEMAHY |
| Name | Marta Reyes |
| Role | Appellant |
| Status | Active |
| Name | INFINITY INDEMNITY INSURANCE COMPANY |
| Role | Appellee |
| Status | Active |
| Representations | LEWIS F. COLLINS, JR., STANLEY GREG BURGE, Charles A. Danaher, RAMON A. ABADIN, CHARLES T. WELLS, CHRIS SWIFT-PEREZ, Raoul G. Cantero, CHARLES HANDEL WATKINS |
| Name | NICOLE MARIE ANTINI |
| Role | Appellee |
| Status | Active |
| Name | INSURANCE USA & ASSOCIATES, INC. |
| Role | Respondent |
| Status | Active |
| Name | HON. BRONWYN C. MILLER |
| Role | Judge/Judicial Officer |
| Status | Active |
| Name | Miami-Dade Clerk |
| Role | Lower Tribunal Clerk |
| Status | Active |
Docket Entries
| Docket Date | 2017-07-14 |
| Type | Misc. Events |
| Subtype | West Publishing |
| Description | West Publishing |
| Docket Date | 2017-07-14 |
| Type | Mandate |
| Subtype | Mandate |
| Description | Mandate |
| Docket Date | 2017-06-28 |
| Type | Disposition by Opinion |
| Subtype | Denied |
| Description | Denied - Per Curiam Opinion |
| Docket Date | 2017-06-08 |
| Type | Brief |
| Subtype | Reply Brief |
| Description | Appellant's Reply Brief |
| On Behalf Of | DELIA REYES |
| Docket Date | 2017-06-02 |
| Type | Record |
| Subtype | Appendix |
| Description | Appendix ~ to response. |
| On Behalf Of | INFINITY INDEMNITY INSURANCE COMPANY |
| Docket Date | 2017-06-02 |
| Type | Response |
| Subtype | Response |
| Description | RESPONSE ~ to petition for writ of prohibition. |
| On Behalf Of | INFINITY INDEMNITY INSURANCE COMPANY |
| Docket Date | 2017-05-19 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to File Response |
| Description | Extension granted to respond to petition (OG01) ~ Respondent Infinity Indemnity Insurance Company¿s motion for an extension of time to file a response to the petition for writ of prohibition is granted to and including June 5, 2017. |
| Docket Date | 2017-05-17 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to File Response |
| Description | Motion for Extension of Time to File Response |
| On Behalf Of | INFINITY INDEMNITY INSURANCE COMPANY |
| Docket Date | 2017-05-11 |
| Type | Order |
| Subtype | Order on Filing Fee |
| Description | Order to pay filing fee-civil w/atty (OR14B) ~ Counsel for petitioners are ordered to pay the required three hundred ($300.00) dollar fee to the Clerk of the Court on or before May 21, 2017. |
| Docket Date | 2017-05-10 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgment Letter ~ Acknowledgment of new case with attachments. **The $300 filing fee for a petition is due. |
| Docket Date | 2017-05-10 |
| Type | Misc. Events |
| Subtype | Fee Status |
| Description | A3:Paid In Full - $300 |
| Docket Date | 2017-05-10 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| On Behalf Of | INFINITY INDEMNITY INSURANCE COMPANY |
| Docket Date | 2017-05-10 |
| Type | Petition |
| Subtype | Petition |
| Description | Petition Filed ~ Prior case: 15-194 |
| On Behalf Of | DELIA REYES |
| Docket Date | 2017-05-09 |
| Type | Record |
| Subtype | Appendix |
| Description | Appendix |
| Classification | Discretionary Review - Notice to Invoke - Direct Conflict of Decisions |
| Court | Supreme Court of Florida |
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County 3D15-194 Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County 3D15-183 Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County 132013CA019660000001 Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County 132011CP000062000002 |
Parties
| Name | INFINITY INDEMNITY INSURANCE COMPANY |
| Role | Petitioner |
| Status | Active |
| Representations | LEWIS F. COLLINS, JR., CHRISTOPHER W. SWIFT-PEREZ, DAVID A. MERCER, SCOTT J. FRANK, CHARLES TALLEY WELLS, Raoul G. Cantero |
| Name | DELIA REYES |
| Role | Respondent |
| Status | Active |
| Representations | PETE L. DEMAHY, FRANK L. LABRADOR, Ms. Theresa L. Girten, Ms. Lauri Waldman Ross |
| Name | INSURANCE USA & ASSOCIATES, INC. |
| Role | Respondent |
| Status | Active |
| Name | IGNACIO REYES |
| Role | Respondent |
| Status | Active |
| Name | NICOLE MARIE ANTINI |
| Role | Respondent |
| Status | Active |
| Representations | S. GREG BURGE, CHARLES H. WATKINS, NICOLE M. ELLIS, G. WILLIAM BISSETT, JR. |
| Name | ISABELLA DE ARMAS |
| Role | Respondent |
| Status | Active |
| Name | THE ESTATE OF JORGE LUIS ARROYO, JR. |
| Role | Respondent |
| Status | Active |
| Name | MARTA REYES |
| Role | Respondent |
| Status | Active |
| Name | Hon. Bronwyn C. Miller |
| Role | Judge/Judicial Officer |
| Status | Active |
| Name | Hon. Michael Arnold Genden |
| Role | Judge/Judicial Officer |
| Status | Active |
| Name | Hon. Harvey Ruvin |
| Role | Lower Tribunal Clerk |
| Status | Active |
| Name | Hon. Mary Cay Blanks |
| Role | Lower Tribunal Clerk |
| Status | Active |
Docket Entries
| Docket Date | 2017-05-17 |
| Type | Motion |
| Subtype | Brief Amendment |
| Description | MOTION-BRIEF AMENDMENT |
| On Behalf Of | DELIA REYES |
| View | View File |
| Docket Date | 2017-06-30 |
| Type | Miscellaneous Document |
| Subtype | Mail Returned |
| Description | MAIL RETURNED ~ ORDER DATED 06/14/2017**PLACE W/ FILE, NO UPDATED ADDRESS FOUND** |
| On Behalf Of | Hon. Michael Arnold Genden |
| View | View File |
| Docket Date | 2017-06-14 |
| Type | Disposition |
| Subtype | Rev DY Lack Juris |
| Description | DISP-REV DY LACK JURIS ~ This cause having heretofore been submitted to the Court on jurisdictional briefs and portions of the record deemed necessary to reflect jurisdiction under Article V, Section 3(b), Florida Constitution, and the Court having determined that it should decline to accept jurisdiction, it is ordered that the petition for review is denied.No motion for rehearing will be entertained by the Court. See Fla. R. App. P. 9.330(d)(2). |
| Docket Date | 2017-05-19 |
| Type | Order |
| Subtype | Brief Amendment |
| Description | ORDER-BRIEF AMENDMENT GR ~ Respondent's motion to file an amended jurisdictional answer brief is granted and said amended brief and appendix were filed with this Court on May 17, 2017. Respondent's jurisdictional answer brief and appendix filed with this Court on May 16, 2017, are hereby stricken. |
| Docket Date | 2017-05-19 |
| Type | Brief |
| Subtype | Juris Answer (Amended) |
| Description | JURIS ANSWER AMD BRIEF |
| On Behalf Of | DELIA REYES |
| View | View File |
| Docket Date | 2017-05-17 |
| Type | Brief |
| Subtype | Appendix (Amended) |
| Description | APPENDIX-AMENDED-JURIS BRIEF |
| On Behalf Of | DELIA REYES |
| View | View File |
| Docket Date | 2017-05-16 |
| Type | Brief |
| Subtype | Appendix-Juris |
| Description | APPENDIX-JURIS BRIEF ~ **Stricken 5/19/17 due to filing of amended appendix** |
| On Behalf Of | DELIA REYES |
| View | View File |
| Docket Date | 2017-04-26 |
| Type | Brief |
| Subtype | Appendix-Juris |
| Description | APPENDIX-JURIS BRIEF ~ APPENDIX TO PETITIONER'S BRIEF ON JURISDICTION |
| On Behalf Of | INFINITY INDEMNITY INSURANCE COMPANY |
| View | View File |
| Docket Date | 2017-04-12 |
| Type | Event |
| Subtype | Fee Paid Through Portal |
| Description | Fee Paid Through Portal |
| Docket Date | 2017-04-12 |
| Type | Motion |
| Subtype | Ext of Time (Juris Brief) |
| Description | MOTION-EXT OF TIME (JURIS BRIEF) |
| On Behalf Of | INFINITY INDEMNITY INSURANCE COMPANY |
| View | View File |
| Docket Date | 2017-04-12 |
| Type | Miscellaneous Document |
| Subtype | Pay Case Filing Fee-300 |
| Description | PAY CASE FILING FEE-300 |
| On Behalf Of | INFINITY INDEMNITY INSURANCE COMPANY |
| View | View File |
| Docket Date | 2017-04-12 |
| Type | Order |
| Subtype | Extension of Time (Juris Brief) |
| Description | ORDER-EXT OF TIME GR (JURIS BRIEF-PETITIONER) ~ Petitioner's motion for extension of time is granted, and petitioner is allowed to and including April 27, 2017, in which to serve the brief on jurisdiction. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied. All other times will be extended accordingly. |
| Docket Date | 2017-04-12 |
| Type | Letter-Case |
| Subtype | Acknowledgment Letter-New Case-Pay Fee |
| Description | ACKNOWLEDGMENT LETTER-NEW CASE-PAY FEE |
| Docket Date | 2017-04-10 |
| Type | Notice |
| Subtype | Invoke Discretionary Jurisdiction |
| Description | NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT) |
| On Behalf Of | INFINITY INDEMNITY INSURANCE COMPANY |
| View | View File |
| Docket Date | 2017-04-10 |
| Type | Misc. Events |
| Subtype | Fee Status |
| Description | FP:Fee Paid Through Portal |
| Name | Date |
|---|---|
| ANNUAL REPORT | 2024-04-04 |
| ANNUAL REPORT | 2023-03-29 |
| ANNUAL REPORT | 2022-04-21 |
| ANNUAL REPORT | 2021-04-16 |
| ANNUAL REPORT | 2020-06-08 |
| ANNUAL REPORT | 2019-03-27 |
| ANNUAL REPORT | 2018-03-28 |
| ANNUAL REPORT | 2017-03-20 |
| ANNUAL REPORT | 2016-03-15 |
| AMENDED ANNUAL REPORT | 2015-06-23 |
Date of last update: 01 Mar 2025
Sources: Florida Department of State
