|
Venice HMA, LLC, etc., Petitioner(s) v. Sarasota County, et al., Respondent(s)
|
SC2024-1724
|
2024-12-05
|
Open
|
|
| Classification |
Discretionary Review - Notice to Invoke - Direct Conflict of Decisions
|
| Court |
Supreme Court of Florida
|
| Originating Court |
2nd District Court of Appeal
2D2022-4019; 2D2022-4020;
|
Parties
| Name |
VENICE HMA, LLC
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Stephen Bruce Burch
|
|
| Name |
d/b/a Venice Regional Medical Center
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Sarasota County
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Frederick Joseph Elbrecht, Raymond Thomas Elligett, Jr.
|
|
| Name |
Sarasota County Public Hospital District
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
David Appleman Wallace, Jennifer Lodge Grosso
|
|
| Name |
SARASOTA DOCTORS HOSPITAL, INC.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Stephen Alexander Ecenia, John Stephen Menton, Jennifer Forshey Hinson
|
|
| Name |
ENGLEWOOD COMMUNITY HOSPITAL, INC.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Hon. Andrea Watt McHugh
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
2DCA Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Sarasota Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-12-18
|
| Type |
Brief
|
| Subtype |
Juris Initial (Amended)
|
| Description |
Petitioner's Amended Jurisdictional Brief
|
| On Behalf Of |
Venice HMA, LLC
|
| View |
View File
|
|
| Docket Date |
2024-12-17
|
| Type |
Order
|
| Subtype |
Brief/Appendix Stricken (Non-Compliance)
|
| Description |
Petitioner's Jurisdictional Brief, which was filed with this Court on December 16, 2024, does not comply with Florida Rules of Appellate Procedure 9.120(d) and 9.210 and is hereby stricken. Petitioner is hereby directed, on or before December 26, 2024, to serve an amended brief. It shall contain, in the following order: a cover sheet, a table of contents, a table of citations, a statement of the issues, a statement of the case and of the facts, an argument, a conclusion, and include a certificate of compliance which immediately follows the certificate of service. The brief must not exceed 2,500 words. The table of contents and citations, the statement of the issues, the certificates of service and compliance, and the signature block for the brief's author shall be excluded from the computation.
|
| View |
View File
|
|
| Docket Date |
2024-12-16
|
| Type |
Brief
|
| Subtype |
Juris Initial
|
| Description |
Petitioner's Jurisdictional Brief * Stricken on 12/16/24. Does not contain a statement of the issues *
|
| On Behalf Of |
Venice HMA, LLC
|
| View |
View File
|
|
| Docket Date |
2024-12-06
|
| Type |
Event
|
| Subtype |
Fee Paid Through Portal
|
| Description |
Fee Paid Through Portal
|
|
| Docket Date |
2024-12-06
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Pay Case Filing Fee-300
|
| View |
View File
|
|
| Docket Date |
2024-12-05
|
| Type |
Letter-Case (SC)
|
| Subtype |
Acknowledgment Letter-New Case-Pay Fee
|
| Description |
The Florida Supreme Court has received the Notice to Invoke Discretionary Jurisdiction reflecting a filing date of December 4, 2024, seeking review of opinion dated July 31, 2024, in which rehearing was denied November 5, 2024.
|
| View |
View File
|
|
| Docket Date |
2024-12-04
|
| Type |
Notice
|
| Subtype |
Invoke Discretionary Jurisdiction
|
| Description |
Notice to Invoke Discretionary Jurisdiction
|
| View |
View File
|
|
|
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Sarasota Doctors Hospital, Inc., et al., Petitioner(s) v. Sarasota County, et al., Respondent(s)
|
SC2024-1722
|
2024-12-04
|
Open
|
|
| Classification |
Discretionary Review - Notice to Invoke - Direct Conflict of Decisions
|
| Court |
Supreme Court of Florida
|
| Originating Court |
2nd District Court of Appeal
2D2022-4019; 2D2022-4020
|
Parties
| Name |
SARASOTA DOCTORS HOSPITAL, INC.
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Stephen Alexander Ecenia, John Stephen Menton, Jennifer Forshey Hinson, Tana Storey
|
|
| Name |
ENGLEWOOD COMMUNITY HOSPITAL, INC.
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Sarasota County
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Joshua Bernard Moye, Karl Adam Senkow, Raymond Thomas Elligett, Jr.
|
|
| Name |
Sarasota County Public Hospital District
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
David Appleman Wallace
|
|
| Name |
VENICE HMA, LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Geoffrey Duane Smith, Stephen Bruce Burch
|
|
| Name |
Hon. Andrea Watt McHugh
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
2DCA Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Sarasota Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-12-19
|
| Type |
Order
|
| Subtype |
Couns Pro Hac Vice (Foreign Counsel)
|
| Description |
The motion to appear pro hac vice filed in the above cause by Maura K. Monaghan, on behalf of Petitioner, is hereby granted and counsel's payment of the $100.00 fee required by section 25.241(2)(a), Florida Statutes (2015), was received by this Court on December 19, 2024.
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| View |
View File
|
|
| Docket Date |
2024-12-19
|
| Type |
Motion (SC)
|
| Subtype |
Couns Pro Hac Vice (Foreign Counsel)
|
| Description |
Verified Motion for Admission to Appear Pro Hac Vice Pursuant to Florida Rule of General Practice and Judicial Administration 2.510
|
| View |
View File
|
|
| Docket Date |
2024-12-19
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Pro Hac Vice Fee-100
|
| Description |
Pay Pro Hac Vice Fee-100 (Maura K. Monaghan)
|
| View |
View File
|
|
| Docket Date |
2024-12-17
|
| Type |
Order
|
| Subtype |
Couns Pro Hac Vice (Foreign Counsel) Due
|
| Description |
Any attorney involved in the above case who is not a member of The Florida Bar should immediately file a proper motion pursuant to Florida Rule of General Practice and Judicial Administration 2.510, if they wish to have this Court consider them as counsel of record. Failure to file a proper motion could result in the imposition of sanctions, including striking the pleading listing the foreign attorney as counsel of record.
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| View |
View File
|
|
| Docket Date |
2024-12-16
|
| Type |
Brief
|
| Subtype |
Appendix-Juris
|
| Description |
Appendix to Petitioners Sarasota Doctors Hospital, Inc. and Englewood Community Hospital, Inc.'s Jurisdictional Brief
|
| On Behalf Of |
Sarasota Doctors Hospital, Inc.
|
| View |
View File
|
|
| Docket Date |
2024-12-06
|
| Type |
Event
|
| Subtype |
Fee Paid Through Portal
|
| Description |
Fee Paid Through Portal
|
|
| Docket Date |
2024-12-06
|
| Type |
Notice
|
| Subtype |
Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Sarasota Doctors Hospital, Inc.
|
| View |
View File
|
|
| Docket Date |
2024-12-06
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Pay Case Filing Fee-300
|
| View |
View File
|
|
| Docket Date |
2024-12-05
|
| Type |
Letter-Case (SC)
|
| Subtype |
Acknowledgment Letter-New Case-Pay Fee
|
| Description |
Acknowledgment Letter-New Case-Pay Fee
|
| View |
View File
|
|
| Docket Date |
2024-12-04
|
| Type |
Notice
|
| Subtype |
Invoke Discretionary Jurisdiction
|
| Description |
Notice to Invoke Discretionary Jurisdiction
|
| View |
View File
|
|
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Sarasota County, Petitioner(s) v. Sarasota County Public Hospital District, et al., Respondent(s)
|
SC2024-1720
|
2024-12-04
|
Open
|
|
| Classification |
Discretionary Review - Notice to Invoke - Dual Basis Uncertified
|
| Court |
Supreme Court of Florida
|
| Originating Court |
2nd District Court of Appeal
2D2022-4019; 2D2022-4020;
|
Parties
| Name |
Sarasota County
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Joshua Bernard Moye, Karl Adam Senkow, Raymond Thomas Elligett, Jr., Amy Stuart Farrior
|
|
| Name |
Sarasota County Public Hospital District
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
David Appleman Wallace
|
|
| Name |
SARASOTA DOCTORS HOSPITAL, INC.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Stephen Alexander Ecenia
|
|
| Name |
ENGLEWOOD COMMUNITY HOSPITAL, INC.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
VENICE HMA, LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Geoffrey Duane Smith
|
|
| Name |
Venice Regional Medical Center
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Hon. Andrea Watt McHugh
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
2DCA Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Sarasota Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-12-30
|
| Type |
Brief
|
| Subtype |
Juris Answer
|
| Description |
Venice HMA's Response to Sarasota County's Jurisdictional Brief
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| On Behalf Of |
Venice HMA, LLC
|
| View |
View File
|
|
| Docket Date |
2024-12-09
|
| Type |
Brief
|
| Subtype |
Juris Initial
|
| Description |
Petitioner's Jurisdictional Brief
|
| On Behalf Of |
Sarasota County
|
| View |
View File
|
|
| Docket Date |
2024-12-05
|
| Type |
Event
|
| Subtype |
Fee Paid Through Portal
|
| Description |
Fee Paid Through Portal
|
|
| Docket Date |
2024-12-05
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Pay Case Filing Fee-300
|
| On Behalf Of |
Sarasota County
|
| View |
View File
|
|
| Docket Date |
2024-12-04
|
| Type |
Letter-Case (SC)
|
| Subtype |
Acknowledgment Letter-New Case-Pay Fee
|
| Description |
The Florida Supreme Court has received the Notices to Invoke Discretionary Jurisdiction filed in 2D2022-4019 & 2D2022-4020 reflecting a filing date of December 4, 2024, seeking review of opinion dated July 31, 2024, in which rehearing was denied November 5, 2024.
|
| View |
View File
|
|
| Docket Date |
2024-12-04
|
| Type |
Notice
|
| Subtype |
Invoke Discretionary Jurisdiction
|
| Description |
Notice to Invoke Discretionary Jurisdiction - Notice filed in 2D2022-4019
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| View |
View File
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VENICE HMA, LLC, D/B/A VENICE REGIONAL MEDICAL CENTER, Appellant(s) v. SARASOTA DOCTORS HOSPITAL, INC., ENGLEWOOD COMMUNITY HOSPITAL, INC., SARASOTA COUNTY, SARASOTA COUNTY PUBLIC HOSPITAL DISTRICT, Appellee(s).
|
2D2022-4020
|
2022-12-09
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Twelfth Judicial Circuit, Sarasota County
2011 CA 001588 NC
|
Parties
| Name |
VENICE HMA, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Stephen Bruce Burch, Geoffrey Duane Smith, Timothy B. Elliott, Sabrina Barker Dieguez, Susan C. Smith
|
|
| Name |
D/B/A VENICE REGIONAL MEDICAL CENTER
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
SARASOTA DOCTORS HOSPITAL, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ENGLEWOOD COMMUNITY HOSPITAL, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SARASOTA COUNTY PUBLIC HOSPITAL DISTRICT
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HON. ANDREA MC HUGH
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Sarasota Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
SARASOTA COUNTY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Eduardo Alexis Brodsky, Amy Stuart Farrior, Bora Sabih Kayan, Stephen Alexander Ecenia, David Appleman Wallace, Jennifer Forshey Hinson, Raymond Thomas Elligett, Jr., Gabriel F. V. Warren, Karl Adam Senkow, John Stephen Menton, Scott Bossard
|
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Docket Entries
| Docket Date |
2024-12-04
|
| Type |
Supreme Court
|
| Subtype |
Notice to Invok. Disc. Jur. FSC
|
| Description |
Notice to Invok. Disc. Jur. FSC
|
| On Behalf Of |
SARASOTA COUNTY
|
| View |
View File
|
|
| Docket Date |
2024-09-03
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Appellant's "Amended Unopposed Motion for an Extension of Time to File Response Briefs" is granted, and the parties' responses shall be filed by September 5, 2024.
|
| View |
View File
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|
| Docket Date |
2023-09-13
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Oral Argument Notice ~ This case is provisionally set for oral argument on WEDNESDAY, NOVEMBER 15, 2023, at 9:30 A.M., before: Judge Robert J. Morris, Judge Anthony K. Black, Judge J. Andrew Atkinson. Oral argument will occur at the Second District Court of Appeal, in the courtroom of the Stetson University College Of Law, Tampa Law Center, 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. If this is a criminal proceeding where a victim, as defined in article I, section 16(e), Florida Constitution, has invoked their right to notice under article I, section 16(b)(6), the State is directed to provide the victim with notice of this oral argument and of any changes to the scheduled date.Please review the notice regarding oral argument in the Second District Court of Appeal. A copy has been furnished with this order and may also be found on this court’s website.
|
|
| Docket Date |
2024-12-05
|
| Type |
Supreme Court
|
| Subtype |
Acknowledged Receipt from Supreme Court
|
| Description |
Acknowledged Receipt from Supreme Court (SC2024-1724)
|
|
| Docket Date |
2023-01-26
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
SARASOTA COUNTY
|
|
| Docket Date |
2024-11-22
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-11-22
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2024-11-05
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing and Rehearing En Banc
|
| Description |
Order on Motion for Rehearing and Rehearing En Banc
|
| View |
View File
|
|
| Docket Date |
2024-09-05
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE TO THE COUNTY'S MOTION FOR REHEARING AND REHEARING EN BANC
|
| On Behalf Of |
VENICE HMA, LLC
|
|
| Docket Date |
2024-08-26
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
AMENDED Motion for Extension of Time to File Response
|
| On Behalf Of |
VENICE HMA, LLC
|
|
| Docket Date |
2024-08-23
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ***See Amended Motion for Extension of Time***
|
| On Behalf Of |
VENICE HMA, LLC
|
|
| Docket Date |
2024-08-23
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
APPELLEE, SARASOTA COUNTY, NOTICE OF SUBSTITUTION OF
COUNSEL AND DESIGNATION OF EMAIL ADDRESSES
|
| On Behalf Of |
SARASOTA COUNTY
|
|
| Docket Date |
2024-08-15
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
APPELLANT'S MOTION FOR REHEARING OR CERTIFICATION
|
| On Behalf Of |
VENICE HMA, LLC
|
|
| Docket Date |
2024-07-31
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed in Part/Reversed in Part
|
| Description |
Affirmed in part; reversed in part; remanded with instructions.
|
| View |
View File
|
|
| Docket Date |
2023-11-15
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ Tampa
|
|
| Docket Date |
2023-08-07
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant Reply Brief
|
| On Behalf Of |
VENICE HMA, LLC
|
|
| Docket Date |
2023-06-26
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 40 - RB DUE 08//07/2023
|
| On Behalf Of |
VENICE HMA, LLC
|
|
| Docket Date |
2023-06-07
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief ~ SARASOTA COUNTY PUBLIC HOSPITAL DISTRICT TO VENICE HMA, LLC d/b/a VENICE REGIONAL MEDICAL CENTER
|
| On Behalf Of |
SARASOTA COUNTY
|
|
| Docket Date |
2023-06-06
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief ~ SARASOTA COUNTY'S ANSWER BRIEF TO VENICE HMA, LLC d/b/a VENICE REGIONAL MEDICAL CENTER
|
| On Behalf Of |
SARASOTA COUNTY
|
|
| Docket Date |
2023-04-14
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
VENICE HMA, LLC
|
|
| Docket Date |
2023-04-13
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ AMENDED 49 DAYS AB DUE ON 06/07/23
|
| On Behalf Of |
SARASOTA COUNTY
|
|
| Docket Date |
2023-04-03
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30 - AB DUE 05/19/2023
|
| On Behalf Of |
SARASOTA COUNTY
|
|
| Docket Date |
2023-03-27
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
SARASOTA COUNTY
|
|
| Docket Date |
2023-03-20
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
VENICE HMA, LLC
|
|
| Docket Date |
2023-03-20
|
| Type |
Record
|
| Subtype |
Appendix to Initial Brief
|
| Description |
Appendix for Initial Brief
|
| On Behalf Of |
VENICE HMA, LLC
|
|
| Docket Date |
2023-02-08
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30 - ib due 03/20/2023
|
| On Behalf Of |
VENICE HMA, LLC
|
|
| Docket Date |
2023-02-02
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
Grant Record Consolidation/Travel Together ~ The motion to consolidate filed in 2D22-4109 is granted to the extent that theappeals 2D22-4019 and 2D22-4020 will be consolidated for record purposes and willtravel together for review by the same panel of judges. The parties shall file separatebriefs for each appeal and, as may be necessary, separate motions. However, only onecopy of the record shall be transmitted.
|
|
| Docket Date |
2022-12-12
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2022-12-12
|
| 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 |
2022-12-12
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid through Portal
|
| On Behalf Of |
VENICE HMA, LLC
|
|
| Docket Date |
2022-12-09
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ W/ORDER
|
| On Behalf Of |
VENICE HMA, LLC
|
|
| Docket Date |
2022-12-09
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
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|
|
|
ENGLEWOOD COMMUNITY HOSPITAL, INC., SARASOTA DOCTORS HOSPITAL, INC., Appellant(s) v. SARASOTA COUNTY, VENICE HMA, LLC, D/B/A VENICE REGIONAL MEDICAL CENTER, SARASOTA COUNTY PUBLIC HOSPITAL DISTRICT, Appellee(s).
|
2D2022-4019
|
2022-12-09
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Twelfth Judicial Circuit, Sarasota County
2011 CA 001588 NC
|
Parties
| Name |
ENGLEWOOD COMMUNITY HOSPITAL, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
SARASOTA DOCTORS HOSPITAL, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Jennifer Forshey Hinson, Stephen Alexander Ecenia, John Stephen Menton
|
|
| Name |
SARASOTA COUNTY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Sabrina Barker Dieguez, Timothy B. Elliott, Geoffrey Duane Smith, Raymond Thomas Elligett, Jr., Amy Stuart Farrior, Karl Adam Senkow, Susan C. Smith, David Appleman Wallace, Jennifer Lodge Grosso, Stephen Bruce Burch, Scott Bossard
|
|
| Name |
VENICE HMA, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
D/B/A VENICE REGIONAL MEDICAL CENTER
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SARASOTA COUNTY PUBLIC HOSPITAL DISTRICT
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HON. ANDREA MC HUGH
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
HON. CHARLES E. WILLIAMS
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Sarasota Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-12-05
|
| Type |
Supreme Court
|
| Subtype |
Acknowledged Receipt from Supreme Court
|
| Description |
Acknowledged Receipt from Supreme Court (SC2024-1724)
|
|
| Docket Date |
2024-12-04
|
| Type |
Supreme Court
|
| Subtype |
Notice to Invok. Disc. Jur. FSC
|
| Description |
Notice to Invok. Disc. Jur. FSC
|
| On Behalf Of |
SARASOTA COUNTY
|
| View |
View File
|
|
| Docket Date |
2024-11-22
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2024-11-22
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-11-05
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing and Rehearing En Banc
|
| Description |
Order on Motion for Rehearing and Rehearing En Banc
|
| View |
View File
|
|
| Docket Date |
2024-09-06
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
APPELLANTS' RESPONSE IN OPPOSITION TO APPELLEE'S MOTION FOR CERTIFICATION
|
| On Behalf Of |
SARASOTA DOCTORS HOSPITAL, INC.
|
|
| Docket Date |
2024-09-03
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Appellants' "Unopposed Motion for an Extension of Time to File Response Briefs" and "Sarasota County's Amended Unopposed Motion for Extension" are granted, and the parties' responses shall be filed by September 5, 2024.
|
| View |
View File
|
|
| Docket Date |
2024-08-30
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
SARASOTA COUNTY'S RESPONSE TO APPELLANTS' MOTIONS FOR REHEARING OR CERTIFICATION
|
| On Behalf Of |
SARASOTA COUNTY
|
|
| Docket Date |
2024-08-26
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
| On Behalf Of |
SARASOTA COUNTY
|
|
| Docket Date |
2024-08-23
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Appellants' "Unopposed Motion for an Extension of Time to File Response Briefs" is granted for seven days from the date of this order.
|
| View |
View File
|
|
| Docket Date |
2024-08-23
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
APPELLEE, SARASOTA COUNTY, NOTICE OF SUBSTITUTION OF
COUNSEL AND DESIGNATION OF EMAIL ADDRESSES
|
| On Behalf Of |
SARASOTA COUNTY
|
|
| Docket Date |
2024-08-21
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
| On Behalf Of |
SARASOTA DOCTORS HOSPITAL, INC.
|
|
| Docket Date |
2024-08-15
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
APPELLANTS' MOTION FOR REHEARING OR CERTIFICATION
|
| On Behalf Of |
SARASOTA DOCTORS HOSPITAL, INC.
|
|
| Docket Date |
2024-08-14
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing En Banc
|
| Description |
SARASOTA COUNTY'S MOTIONS FOR REHEARING
AND REHEARING EN BANC
|
| On Behalf Of |
SARASOTA COUNTY
|
|
| Docket Date |
2024-07-31
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
The motion of Attorney Gabriel Warren to withdraw as counsel for the Appellants is granted, and Attorney Warren is relieved of further appellate responsibilities.
|
| View |
View File
|
|
| Docket Date |
2024-07-31
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed in Part/Reversed in Part
|
| Description |
Affirmed in part; reversed in part; remanded with instructions.
|
| View |
View File
|
|
| Docket Date |
2024-04-16
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
SARASOTA DOCTORS HOSPITAL, INC.
|
|
| Docket Date |
2023-11-15
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ Tampa
|
|
| Docket Date |
2023-09-13
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Oral Argument Notice ~ This case is provisionally set for oral argument on WEDNESDAY, NOVEMBER 15, 2023, at 9:30 A.M., before: Judge Robert J. Morris, Judge Anthony K. Black, Judge J. Andrew Atkinson. Oral argument will occur at the Second District Court of Appeal, in the courtroom of the Stetson University College Of Law, Tampa Law Center, 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. If this is a criminal proceeding where a victim, as defined in article I, section 16(e), Florida Constitution, has invoked their right to notice under article I, section 16(b)(6), the State is directed to provide the victim with notice of this oral argument and of any changes to the scheduled date.Please review the notice regarding oral argument in the Second District Court of Appeal. A copy has been furnished with this order and may also be found on this court’s website.
|
|
| Docket Date |
2023-08-07
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant Reply Brief
|
| On Behalf Of |
SARASOTA DOCTORS HOSPITAL, INC.
|
|
| Docket Date |
2023-06-20
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30 DAYS - RB DUE ON 08/07/23
|
| On Behalf Of |
SARASOTA DOCTORS HOSPITAL, INC.
|
|
| Docket Date |
2023-06-07
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief ~ SARASOTA COUNTY PUBLIC HOSPITAL DISTRICT TO SARASOTA DOCTORS HOSPITAL AND ENGLEWOOD COMMUNITY HOSPITAL
|
| On Behalf Of |
SARASOTA COUNTY
|
|
| Docket Date |
2023-06-06
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief ~ SARASOTA COUNTY'S ANSWER BRIEF TO SARASOTA DOCTORS HOSPITAL AND ENGLEWOOD HOSPITAL
|
| On Behalf Of |
SARASOTA COUNTY
|
|
| Docket Date |
2023-04-13
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ AMENDED 49 DAYS AB DUE ON 06/07/23
|
| On Behalf Of |
SARASOTA COUNTY
|
|
| Docket Date |
2023-04-11
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
SARASOTA DOCTORS HOSPITAL, INC.
|
|
| Docket Date |
2023-04-03
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30 - AB DUE 05/19/2023
|
|
| Docket Date |
2023-03-27
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
SARASOTA COUNTY
|
|
| Docket Date |
2023-03-20
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
SARASOTA DOCTORS HOSPITAL, INC.
|
|
| Docket Date |
2023-02-03
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ WILLIAMS - 22,813 PAGES REDACTED - STORED IN FTP
|
| On Behalf Of |
Sarasota Clerk
|
|
| Docket Date |
2023-02-02
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
Grant Record Consolidation/Travel Together ~ The motion to consolidate filed in 2D22-4109 is granted to the extent that theappeals 2D22-4019 and 2D22-4020 will be consolidated for record purposes and willtravel together for review by the same panel of judges. The parties shall file separatebriefs for each appeal and, as may be necessary, separate motions. However, only onecopy of the record shall be transmitted.
|
|
| Docket Date |
2023-01-26
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
SARASOTA COUNTY
|
|
| Docket Date |
2023-01-25
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate ~ for record, travel purposes, and oral argument purposes only
|
| On Behalf Of |
SARASOTA DOCTORS HOSPITAL, INC.
|
|
| Docket Date |
2023-01-25
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30 - IB DUE 03/20/2023
|
| On Behalf Of |
SARASOTA DOCTORS HOSPITAL, INC.
|
|
| Docket Date |
2022-12-12
|
| 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 |
2022-12-12
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2022-12-12
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid through Portal
|
| On Behalf Of |
SARASOTA DOCTORS HOSPITAL, INC.
|
|
| Docket Date |
2022-12-09
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-12-09
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ W/ORDER
|
| On Behalf Of |
SARASOTA DOCTORS HOSPITAL, INC.
|
|
|
|
SARASOTA COUNTY, ET AL VS VENICE HMA, LLC, D/B/A VENICE REGIONAL MEDICAL CENTER AND SARASOTA DOCTORS HOSPITAL, INC., ET AL
|
2D2019-3745
|
2019-09-27
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Prohibition
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Twelfth Judicial Circuit, Sarasota County
2011 CA 001588 NC
|
Parties
| Name |
SARASOTA COUNTY PUBLIC HOSPITAL DISTRICT
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
SARASOTA COUNTY
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
RAYMOND T. ELLIGETT, JR., ESQ., FREDERICK J. ELBRECHT, ESQ., AMY S. FARRIOR, ESQ., DAVID A. WALLACE, ESQ.
|
|
| Name |
ENGLEWOOD COMMUNITY HOSPITAL, INC.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
SARASOTA DOCTORS HOSPITAL, INC.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
D/B/A VENICE REGIONAL MEDICAL CENTER
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
HON. MARIA RUHL
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
SARASOTA CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
VENICE HMA, LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
ED BRODSKY, STATE ATTORNEY, STEPHEN A. ECENIA, ESQ., SABRINA B. DIEGUEZ, ESQ., J. STEPHEN MENTON, ESQ., CORINNE T. PORCHER, ESQ., STEPHEN B. BURCH, ESQ., SUSAN C. SMITH, ESQ., Timothy B. Elliott, Esq., GEOFFREY D. SMITH, ESQ., JENNIFER F. HINSON, ESQ., GABRIEL WARREN, ESQ, JENNIFER L. GROSSO, ESQ.
|
|
Docket Entries
| Docket Date |
2021-06-16
|
| Type |
Disposition
|
| Subtype |
Denied
|
| Description |
Denied - Authored Opinion ~ **WITHDRAWN** SEE WORD ORDER WITH OPINION DATED 9/29/2021
|
|
| Docket Date |
2021-11-17
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-10-18
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2021-09-29
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ SEE WORD ORDER WITH OPINION DATED 9/29/2021
|
|
| Docket Date |
2021-09-29
|
| Type |
Disposition
|
| Subtype |
Denied
|
| Description |
Denied - Authored Opinion
|
|
| Docket Date |
2021-09-27
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ NOTICE OF FIRM NAME CHANGE AND CHANGE OF EMAIL DESIGNATIONS
|
| On Behalf Of |
SARASOTA COUNTY
|
|
| Docket Date |
2021-07-15
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ SARASOTA DOCTORS HOSPITAL, INC., ENGLEWOOD COMMUNITY HOSPITAL, INC., AND VENICE HMA, LLC'S JOINT RESPONSE TO SARASOTA COUNTY PUBLIC HOSPITAL DISTRICT'S MOTION FOR REHEARING OR IN THE ALTERNATIVE FOR CLARIFICATION
|
| On Behalf Of |
VENICE HMA, LLC
|
|
| Docket Date |
2021-06-30
|
| Type |
Record
|
| Subtype |
Appendix to Motion
|
| Description |
REHEARING REINSTATEMENT MOTION APPENDIX/ATTACHMENT ~ APPENDIX TO PETITIONER SARASOTA COUNTY PUBLIC HOSPITAL DISTRICT'S MOTION FOR REHEARING OR IN THE ALTERNATIVE FOR CLARIFICATION
|
| On Behalf Of |
SARASOTA COUNTY
|
|
| Docket Date |
2021-06-30
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing ~ PETITIONER SARASOTA COUNTY PUBLIC HOSPITAL DISTRICT'S MOTION FOR REHEARING OR IN THE ALTERNATIVE FOR CLARIFICATION
|
| On Behalf Of |
SARASOTA COUNTY
|
|
| Docket Date |
2021-03-11
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority ~ PETITIONER, SARASOTA COUNTY'S NOTICE OF SUPPLEMENTAL AUTHORITY
|
| On Behalf Of |
SARASOTA COUNTY
|
|
| Docket Date |
2020-12-07
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ NOTICE OF FIRM NAME CHANGE
|
| On Behalf Of |
SARASOTA COUNTY
|
|
| Docket Date |
2020-06-25
|
| Type |
Response
|
| Subtype |
Reply
|
| Description |
REPLY ~ PETITIONER, SARASOTA COUNTY'S REPLY TO THE RESPONDENTS' RESPONSES TO SUPPLEMENTAL PETITION FOR WRIT OF PROHIBITION
|
| On Behalf Of |
SARASOTA COUNTY
|
|
| Docket Date |
2020-06-25
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
APPENDICES /ATTACHMENTS TO RESPONSE ~ SARASOTA COUNTY'S APPENDIX TO REPLY TO RESPONDENTS' RESPONSES TO SUPPLEMENTAL PETITION FOR WRIT OF PROHIBITION, FILED JUNE 1O, 2020
|
| On Behalf Of |
SARASOTA COUNTY
|
|
| Docket Date |
2020-05-22
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Filed ~ PETITIONER, SARASOTA COUNTY'S AMENDED "SUPPLEMENTAL PETITION" IN RESPONSE TO THIS COURT'S ORDER DATED MAY 7, 2020
|
| On Behalf Of |
SARASOTA COUNTY
|
|
| Docket Date |
2020-01-23
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
SARASOTA COUNTY
|
|
| Docket Date |
2020-01-13
|
| Type |
Response
|
| Subtype |
Reply
|
| Description |
REPLY ~ PETITIONER, SARASOTA COUNTY'S REPLY TO THE RESPONDENTS' SUPPLEMENTAL RESPONSES
|
| On Behalf Of |
SARASOTA COUNTY
|
|
| Docket Date |
2019-12-24
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
generic response order ~ To ensure consistency with Florida Rule of Appellate Procedure 9.100(k), thecourt directs that the petitioner may reply to the respondents' supplemental responseswithin 20 days of the date of this order.
|
|
| Docket Date |
2019-12-12
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
APPENDICES /ATTACHMENTS TO RESPONSE ~ APPENDIX TO SARASOTA DOCTORS HOSPITAL, INC. AND ENGLEWOOD COMMUNITY HOSPITAL, INC.'S RESPONSE IN OPPOSITION TO SARASOTA COUNTY RESPONSE TO NOVEMBER 4, 2019 ORDER TO SHOW CAUSE
|
| On Behalf Of |
VENICE HMA, LLC
|
|
| Docket Date |
2019-12-12
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ VENICE REGIONAL MEDICAL CENTER'S RESPONSE TO SARASOTA COUNTY'S RESPONSE TO THE QUESTIONS PRESENTED IN THIS COURT'S ORDER DATED NOVEMBER 4, 2019
|
| On Behalf Of |
VENICE HMA, LLC
|
|
| Docket Date |
2019-11-22
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ PETITIONER, SARASOTA COUNTY'S RESPONSE TO THE QUESTIONS PRESENTED IN THIS COURT'S ORDER DATED NOVEMBER 4, 2019
|
| On Behalf Of |
SARASOTA COUNTY
|
|
| Docket Date |
2019-11-04
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
ORD-TO SHOW CAUSE ~ This court's October 1, 2019, order is amended to reflect that the respondents shall show cause why this petition for writ of prohibition should not be granted. The responses filed by the respondents on October 16, 2019, are accepted as responsive to this order to show cause, and the respondents shall not respond further except as directed herein. This order operates as a stay of the circuit court proceedings pursuant to Florida Rule of Appellate Procedure 9.100(h). The stay remains in effect pending resolution of the petition or until lifted by order of this court. Within 20 days of the date of this order the petitioner shall address the following questions with respect to whether general law exists that constitutes a waiver of the petitioners' sovereign immunity in the circumstances of the parties' litigation in the trial court. The respondents shall respond within 20 days of service of the petitioner's filing. The respondents may file a joint response. No reply is directed at this time. All statutory references are to the 2019 Florida Statutes unless otherwise noted.1. Is the Sarasota County Public Hospital District, defined as an "independent special district" by chapter 2003-359, charter section 1(1), Laws of Florida, an "independent special district" as used in section 154.331, Florida Statutes? Assuming that it is, does section 154.331 apply to the Sarasota County Public Hospital District? Assuming that it does, does section 154.331, in particular but not limited to paragraphs (2)(a)2., 3., and 7., constitute a waiver of sovereign immunity applicable to the present case?2. Does section 409.2673, Florida Statutes, in particular but not limited to paragraphs (7) and (10)(d), constitute a waiver of, or support for a waiver of, sovereign immunity applicable to the present case?3. Do sections 409.910 and 409.911, Florida Statutes, in particular but not limited to section 409.910(1) ("It is the intent of the Legislature that Medicaid be the payor of last resort for medically necessary goods and services furnished to Medicaid recipients.") constitute support for a waiver of sovereign immunity applicable to the present case?
|
|
| Docket Date |
2019-10-30
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion-79 ~ The respondents' motion to supplement their appendix is granted. Thesupplemental appendix is accepted as filed.
|
|
| Docket Date |
2019-10-29
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
APPENDICES /ATTACHMENTS TO RESPONSE ~ ATTACHED TO MOTION TO SUPPLEMENT
|
| On Behalf Of |
VENICE HMA, LLC
|
|
| Docket Date |
2019-10-29
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement ~ SARASOTA DOCTORS HOSPITAL, INC. AND ENGLEWOOD COMMUNITY HOSPITAL, INC.'S UNOPPOSED MOTION FOR LEAVE TO FILE A SUPPLEMENTAL APPENDIX
|
| On Behalf Of |
VENICE HMA, LLC
|
|
| Docket Date |
2019-10-24
|
| Type |
Response
|
| Subtype |
Reply
|
| Description |
REPLY ~ PETITIONER SARASOTA COUNTY'S REPLY TO RESPONSE TO PETITION FOR WRIT OF PROHIBITION (Non-Jury Trial Scheduled for November 18, 2019)
|
| On Behalf Of |
SARASOTA COUNTY
|
|
| Docket Date |
2019-10-16
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
APPENDICES /ATTACHMENTS TO RESPONSE ~ VENICE REGIONAL'S APPENDIX TO RESPONSE TO PETITION FOR WRIT OF PROHIBITION AND ORDER TO SHOW CAUSE
|
| On Behalf Of |
VENICE HMA, LLC
|
|
| Docket Date |
2019-10-16
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ VENICE REGIONAL'S RESPONSE TO PETITION FOR WRIT OF PROHIBITION AND ORDER TO SHOW CAUSE
|
| On Behalf Of |
VENICE HMA, LLC
|
|
| Docket Date |
2019-10-04
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
VENICE HMA, LLC
|
|
| Docket Date |
2019-10-04
|
| Type |
Misc. Events
|
| Subtype |
Notice of Joinder Fee Paid through Portal
|
| Description |
Notice of Joinder Fee Paid through Portal
|
| On Behalf Of |
VENICE HMA, LLC
|
|
| Docket Date |
2019-10-02
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
VENICE HMA, LLC
|
|
| Docket Date |
2019-10-01
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
VENICE HMA, LLC
|
|
| Docket Date |
2019-10-01
|
| Type |
Order
|
| Subtype |
Order to Respond to Petition
|
| Description |
prohibition response ~ Respondent shall serve a response to the petition for writ of prohibition by October 16, 2019. The petitioner may reply within 10 days of service of the response. This order does not operate as a stay of the circuit court proceedings pursuant to Florida Rule of Appellate Procedure 9.100(h).
|
|
| Docket Date |
2019-09-27
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2019-09-27
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Filed
|
| On Behalf Of |
SARASOTA COUNTY
|
|
| Docket Date |
2019-09-27
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
ORIGINAL APPENDIX OR ATTACHMENT
|
| On Behalf Of |
SARASOTA COUNTY
|
|
| Docket Date |
2020-06-10
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ SARASOTA DOCTORS HOSPITAL, INC. AND ENGLEWOOD COMMUNITY HOSPITAL, INC.'S RESPONSE IN OPPOSITION TO SARASOTA COUNTY'S SUPPLEMENTAL PETITION FOR WRIT OF PROBHITION
|
| On Behalf Of |
VENICE HMA, LLC
|
|
| Docket Date |
2020-06-10
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
APPENDICES /ATTACHMENTS TO RESPONSE ~ APPENDIX TO SARASOTA DOCTORS HOSPITAL, INC. AND ENGLEWOOD COMMUNITY HOSPITAL, INC.'S RESPONSE IN OPPOSITION TO SARASOTA COUNTY'S SUPPLEMENTAL PETITION FOR WRIT OF PROHIBITION
|
| On Behalf Of |
VENICE HMA, LLC
|
|
| Docket Date |
2020-05-07
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER ~ Within 15 days of the date of this order, the petitioner shall file a "supplemental petition" addressing the issue identified in this order. The respondents shall file responses or a joint response within 15 days thereafter. The petitioner may reply to the last timely filed response within 15 days of its service.The complaints filed by the respondents at issue in the trial court ask for declaratory relief under Section 8(9) of the Chapter 2003-359, Laws of Florida (the "Special Act"). Pet'n app. at A14-15, 23. The parties' various pleadings additionally identify a county ordinance that appears to be virtually identical to the Special Act. Code of Ordinances of Sarasota County, ch. 4, art. II; pet'n app. at A 839 et seq. However, the complaints do not plead, in the alternative, on the basis of this ordinance.The issue to be addressed is as follows. Assuming that an ordinance enacted by a county could be construed as an offer, by the county, ultimately resulting in an express, written, unilateral contract, see, e.g., Waite Dev., Inc. v. City of Milton, 866 So. 2d 153 (Fla. 1st DCA 2004), should a virtually identical special law enacted by the state Legislature be similarly construed as an offer by the county? The parties should not construe the question raised as implying that the court has determined any issue or argument raised in the parties' filings. The court acknowledges the detailed arguments raised by the parties associated with the question raised and cautions the parties that they should limit their responses to this narrow question, without repeating arguments already raised in their filings. The respondents are encouraged, but not required, to file a joint response. The parties should keep their responses to a reasonable length.
|
|
| Docket Date |
2019-09-27
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
|
SARASOTA DOCTORS HOSPITAL, INC., ET AL VS SARASOTA COUNTY, ET AL
|
2D2013-5753
|
2013-12-06
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Twelfth Judicial Circuit, Sarasota County
2011 CA 001588 NC
|
Parties
| Name |
ENGLEWOOD COMMUNITY HOSPITAL, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
SARASOTA DOCTORS HOSPITAL, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
RAOUL G. CANTERO, I I I, ESQ., STEPHEN A. ECENIA, ESQ., J. STEPHEN MENTON, ESQ., DAVID P. DRAIGH, ESQ.
|
|
| Name |
VENICE REGIONAL MEDICAL CENTER
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SARASOTA COUNTY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
ED BRODSKY, STATE ATTORNEY, AMY S. FARRIOR, ESQ., GEOFFREY D. SMITH, ESQ., DAVID A. WALLACE, ESQ., CAROL A. KALISH, ESQ., JENNIFER L. GROSSO, ESQ., FREDERICK J. ELBRECHT, ESQ., RAYMOND T. ELLIGETT, JR., ESQ.
|
|
| Name |
VENICE H M A, L L C
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SARASOTA CO. PUBLIC HOSPITAL
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SARASOTA CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2017-11-09
|
| Type |
Order
|
| Subtype |
Order on Remand from Supreme Court Mandate
|
| Description |
on remand from supreme court
|
|
| Docket Date |
2017-11-02
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Mandate
|
| Description |
Supreme Court Mandate
|
|
| Docket Date |
2017-10-12
|
| Type |
Supreme Court
|
| Subtype |
Acknowledged Receipt from Supreme Court
|
| Description |
Acknowledged Receipt from Supreme Court ~ Sarasota County’s “Amended Motion for Rehearing” is hereby denied.LABARGA, C.J., and LEWIS, QUINCE, CANADY, and POLSTON, JJ., concur.PARIENTE, and LAWSON, JJ., dissents.
|
|
| Docket Date |
2017-07-06
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Opinion
|
| Description |
Supreme Court Opinion released
|
|
| Docket Date |
2016-10-04
|
| Type |
Supreme Court
|
| Subtype |
Acknowledged Receipt from Supreme Court
|
| Description |
Acknowledged Receipt from Supreme Court ~ S. Ct. order dated 10/04/16, Appellants, Venice HMA, LLC D/B/A Venice Regional Medical Center¿s motion to reschedule oral argument is granted and the above case which was scheduled for oral argument on October 5, 2016, has been rescheduled for oral argument at 9:00 a.m. Wednesday, February 8, 2017. A maximum of twenty minutes to the side is allowed for the argument, but counsel is expected to use only so much of that time as is necessary.
|
|
| Docket Date |
2016-07-28
|
| Type |
Supreme Court
|
| Subtype |
Acknowledged Receipt from Supreme Court
|
| Description |
Acknowledged Receipt from Supreme Court ~ S. Ct. order dated 07/28/16, The stipulation for substitution of counsel as attorney of record is hereby approved by this Court and David A. Wallace, Esq. and the law firm Bentley & Bruning, P.A. are hereby substituted as counsel of record for Appellee, Sarasota County Public Hospital District. Williams Parker Harrison Dietz & Getzen is released from any future responsibility with regard to the representation of the Appellee, Sarasota County Public Hospital District.
|
|
| Docket Date |
2016-02-02
|
| Type |
Supreme Court
|
| Subtype |
Record Sent to Supreme Court
|
| Description |
Record sent to Supreme Court ~ FTP Record, FTP Supplemental, FTP Omission Vol and Electronic Constructed Vol of Briefs
|
|
| Docket Date |
2015-12-30
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate ~ SEE CASE 13-5752
|
|
| Docket Date |
2015-12-15
|
| Type |
Supreme Court
|
| Subtype |
Acknowledged Receipt from Supreme Court
|
| Description |
Acknowledged Receipt from Supreme Court
|
|
| Docket Date |
2015-12-14
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
NOTICE OF APPEAL
|
|
| Docket Date |
2015-12-14
|
| Type |
Supreme Court
|
| Subtype |
Review Sent to Supreme Court
|
| Description |
Review Sent to Supreme Court
|
|
| Docket Date |
2015-12-11
|
| Type |
Supreme Court
|
| Subtype |
Notice of Appeal FSC
|
| Description |
Notice of Appeal to Supreme Court
|
| On Behalf Of |
SARASOTA DOCTORS HOSPITAL, INC
|
|
| Docket Date |
2015-11-12
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing En Banc
|
| Description |
Order Denying Rehearing En Banc
|
|
| Docket Date |
2015-09-08
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ SARASOTA COUNTY'S RESPONSE TO REHEARING MOTIONS
|
| On Behalf Of |
SARASOTA COUNTY
|
|
| Docket Date |
2015-08-28
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing En Banc
|
| Description |
Motion For Rehearing EN BANC
|
| On Behalf Of |
SARASOTA DOCTORS HOSPITAL, INC
|
|
| Docket Date |
2015-08-14
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Authored Opinion
|
|
| Docket Date |
2015-05-29
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-SUA SPONTE ~ Consolidate for OPINION purposes only with 2D13-5752 (see 5-29-15 ord in 2D13-5752)
|
|
| Docket Date |
2015-02-04
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set
|
|
| Docket Date |
2015-02-02
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
SARASOTA COUNTY
|
|
| Docket Date |
2014-11-07
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant Reply Brief ~ (WORD)
|
| On Behalf Of |
SARASOTA DOCTORS HOSPITAL, INC
|
|
| Docket Date |
2014-10-09
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Deny Miscellaneous Motion-79a ~ gat-to exceed page limit
|
|
| Docket Date |
2014-10-02
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion To File Enlarged Brief
|
| Description |
Motion To File Enlarged Brief
|
| On Behalf Of |
SARASOTA DOCTORS HOSPITAL, INC
|
|
| Docket Date |
2014-08-19
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 59-RB DUE 10/31/14
|
| On Behalf Of |
SARASOTA DOCTORS HOSPITAL, INC
|
|
| Docket Date |
2014-08-06
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief ~ ANSWER BRIEF OF SARASOTA COUNTY PUBLIC HOSPITAL DISTRICT
|
| On Behalf Of |
SARASOTA COUNTY
|
|
| Docket Date |
2014-06-26
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30 - AB due 08/06/2014
|
| On Behalf Of |
SARASOTA COUNTY
|
|
| Docket Date |
2014-06-05
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion-79 ~ gat-to take judicial notice
|
|
| Docket Date |
2014-05-30
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ JOINT MOTION TO SET TIME FOR ANSWER BRIEFS
|
| On Behalf Of |
SARASOTA COUNTY
|
|
| Docket Date |
2014-05-30
|
| Type |
Response
|
| Subtype |
Objection
|
| Description |
OBJECTION ~ to motion to take judicial notice
|
| On Behalf Of |
SARASOTA COUNTY
|
|
| Docket Date |
2014-05-29
|
| Type |
Motions Other
|
| Subtype |
Motion/Request for Judicial Notice
|
| Description |
Request for Judicial Notice
|
| On Behalf Of |
SARASOTA DOCTORS HOSPITAL, INC
|
|
| Docket Date |
2014-05-29
|
| Type |
Notice
|
| Subtype |
Appendix/Attachment to Notice
|
| Description |
Appendix/Attachment to Notice ~ request for judicial notice
|
| On Behalf Of |
SARASOTA DOCTORS HOSPITAL, INC
|
|
| Docket Date |
2014-05-27
|
| Type |
Response
|
| Subtype |
Objection
|
| Description |
OBJECTION ~ to motion to take judicial notice
|
| On Behalf Of |
SARASOTA COUNTY
|
|
| Docket Date |
2014-05-16
|
| Type |
Record
|
| Subtype |
Appendix to Motion
|
| Description |
ALL OTHER MOTIONS APPENDIX/ATTACHMENT ~ APPENDIX TO MOTION TO TAKE JUDICIAL NOTICE
|
| On Behalf Of |
SARASOTA DOCTORS HOSPITAL, INC
|
|
| Docket Date |
2014-05-16
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ MOTION TO TAKE JUDICIAL NOTICE
|
| On Behalf Of |
SARASOTA DOCTORS HOSPITAL, INC
|
|
| Docket Date |
2014-05-15
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument ~ AA Raoul G. Cantero, I I I, Esq. 0552356
|
| On Behalf Of |
SARASOTA DOCTORS HOSPITAL, INC
|
|
| Docket Date |
2014-05-14
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
SARASOTA DOCTORS HOSPITAL, INC
|
|
| Docket Date |
2014-05-14
|
| Type |
Record
|
| Subtype |
Appendix to Initial Brief
|
| Description |
Appendix for Initial Brief
|
| On Behalf Of |
SARASOTA DOCTORS HOSPITAL, INC
|
|
| Docket Date |
2014-05-08
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ FTP ADDENDUM RECORD
|
|
| Docket Date |
2014-05-08
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ NOTICE OF SUPPLEMENTAL RECORD
|
| On Behalf Of |
SARASOTA COUNTY
|
|
| Docket Date |
2014-04-11
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30- IB due 5/14/2014
|
| On Behalf Of |
SARASOTA DOCTORS HOSPITAL, INC
|
|
| Docket Date |
2014-04-04
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
SARASOTA COUNTY
|
|
| Docket Date |
2014-03-24
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ FTP RECORD BONNER
|
|
| Docket Date |
2014-01-31
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
Deny Consolidation-75d ~ 13-5752
|
|
| Docket Date |
2014-01-27
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 60-initial brief due 04-14-14
|
| On Behalf Of |
SARASOTA DOCTORS HOSPITAL, INC
|
|
| Docket Date |
2014-01-27
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate ~ W/13-5752 FOR RECORD PURPOSES AND TO TRAVEL TOGETHER
|
| On Behalf Of |
SARASOTA DOCTORS HOSPITAL, INC
|
|
| Docket Date |
2014-01-17
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate ~ W/13-5752
|
| On Behalf Of |
SARASOTA COUNTY
|
|
| Docket Date |
2013-12-10
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty
|
|
| Docket Date |
2013-12-06
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2013-12-06
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
SARASOTA DOCTORS HOSPITAL, INC
|
|
|
