|
GEICO CASUALTY COMPANY, Appellant(s) v. PLANTATION OPEN MRI, LLC a/a/o JUANITA DAVIS, Appellee(s).
|
4D2024-2468
|
2024-09-25
|
Open
|
|
| Classification |
NOA Final - County Civil - PIP
|
| Court |
4th District Court of Appeal
|
| Originating Court |
County Court for the Seventeenth Judicial Circuit, Broward County
COINX23-033615
|
Parties
| Name |
GEICO CASUALTY COMPANY
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Mark Andrew Krieger, IV, Kristen L. Wenger, Rebecca Morrison
|
|
| Name |
Juanita Davis
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Steven Peter DeLuca
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Broward Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
PLANTATION OPEN MRI LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Henry Ray Crouser, Sean Alexander Storani, Chad Andrew Barr
|
|
Docket Entries
| Docket Date |
2024-11-18
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Consolidated Record on Appeal; pages 1 to 1,086
|
| On Behalf Of |
Broward Clerk
|
|
| Docket Date |
2024-10-16
|
| Type |
Order
|
| Subtype |
Order on Consolidation
|
| Description |
ORDERED that, upon consideration of appellant's October 4, 2024 Notice of Related Case or Issue, case number 4D2024-2468 is now consolidated for all purposes with consolidated case number 4D2024-1328, and shall proceed under the time schedule for a final appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D2024-1328. Further,
ORDERED that appellant shall file the consolidated initial brief on or before December 6, 2024. 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.
|
| View |
View File
|
|
| Docket Date |
2024-10-04
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Related Case or Issue
|
|
| Docket Date |
2024-09-26
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Pay Case Filing Fee-300
|
| On Behalf Of |
Geico Casualty Company
|
| View |
View File
|
|
| Docket Date |
2024-09-25
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
| On Behalf Of |
Plantation Open MRI, LLC
|
|
| Docket Date |
2024-09-25
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
|
| Docket Date |
2024-09-25
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-09-25
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Document
|
| Description |
Civil Cover Sheet
|
|
| Docket Date |
2025-01-06
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief
|
| On Behalf Of |
Geico Indemnity Company
|
| View |
View File
|
|
| Docket Date |
2024-12-02
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDERED that Appellant's December 2, 2024 motion for extension of time is granted, and Appellant shall serve the initial brief on or before January 6, 2024. 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.
|
| View |
View File
|
|
| Docket Date |
2024-12-02
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Motion for Extension of Time to Serve Initial Brief
|
|
| Docket Date |
2024-10-30
|
| Type |
Order
|
| Subtype |
Order on Consolidation
|
| Description |
ORDERED that, upon consideration of appellant's October 4, 2024 Notice of Related Case or Issue and appellee's October 15, 2024 response, case number 4D2024-2502 is now consolidated for all purposes with consolidated case number 4D2024-1328, and shall proceed under the time schedule for a final appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D2024-1328. Further, ORDERED that appellant shall file the consolidated initial brief on or before December 6, 2024. 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.
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| View |
View File
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GOVERNMENT EMPLOYEES INSURANCE COMPANY, Appellant(s) v. PLANTATION OPEN MRI, LLC a/a/o FRANCESSE BATAILLE, Appellee(s).
|
4D2024-1746
|
2024-07-10
|
Open
|
|
| Classification |
NOA Final - County Civil - PIP
|
| Court |
4th District Court of Appeal
|
| Originating Court |
County Court for the Seventeenth Judicial Circuit, Broward County
COINX23-026548
|
Parties
| Name |
GOVERNMENT EMPLOYEES INSURANCE COMPANY
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Kristen L. Wenger, Mark Andrew Krieger, IV, Rebecca Morrison
|
|
| Name |
PLANTATION OPEN MRI LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Henry Ray Crouser, Sean Alexander Storani, Chad Andrew Barr
|
|
| Name |
Francesse Bataille
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Tabitha Blackmon
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Broward Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-11-18
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Consolidated Record on Appeal; pages 1 to 1,086
|
| On Behalf Of |
Broward Clerk
|
|
| Docket Date |
2024-10-16
|
| Type |
Order
|
| Subtype |
Order on Consolidation
|
| Description |
ORDERED that, upon consideration of appellant's October 4, 2024 Notice of Related Case or Issue, case number 4D2024-2468 is now consolidated for all purposes with consolidated case number 4D2024-1328, and shall proceed under the time schedule for a final appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D2024-1328. Further,
ORDERED that appellant shall file the consolidated initial brief on or before December 6, 2024. 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.
|
| View |
View File
|
|
| Docket Date |
2024-10-07
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal -- 1838 pages
|
| On Behalf Of |
Broward Clerk
|
|
| Docket Date |
2024-09-20
|
| Type |
Order
|
| Subtype |
Order on Consolidation
|
| Description |
ORDERED that, upon consideration of appellant's September 18, 2024 Notice of Related Case or Issue, case number 4D2024-2374 is now consolidated for all purposes with consolidated case number 4D2024-1328, and shall proceed under the time schedule for a final appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D2024-1328. Further,
ORDERED that appellant shall file the consolidated initial brief on or before December 6, 2024. 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.
|
| View |
View File
|
|
| Docket Date |
2024-09-16
|
| Type |
Order
|
| Subtype |
Order on Consolidation
|
| Description |
ORDERED that, upon consideration of appellant's September 13, 2024 response, case numbers 4D2024-1913, 4D2024-1328, 4D2024-1606, 4D2024-1617, 4D2024-1746, 4D2024-1920 and 4D2024-1995 are now consolidated for all purposes and are to proceed under the time schedule for a final appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D2024-1328. Further, ORDERED that appellant shall file the consolidated initial brief on or before December 6, 2024. 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.
|
| View |
View File
|
|
| Docket Date |
2024-09-13
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause
|
| On Behalf Of |
Government Employees Insurance Company
|
|
| Docket Date |
2024-09-09
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
ORDERED that appellant is directed to show cause in writing, within five (5) days from the date of this order, why case numbers 4D2024-1913, 4D2024-1328, 4D2024-1606, 4D2024-1617, 4D2024-1746, 4D2024-1920, and 4D2024-1995 should not be consolidated either for all purposes or for purposes of assignment to the same panel. If appellant contends consolidation is proper, appellant shall provide a proposed consolidated briefing schedule.
|
| View |
View File
|
|
| Docket Date |
2024-09-05
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Related Case or Issue
|
| On Behalf Of |
Government Employees Insurance Company
|
|
| Docket Date |
2024-09-04
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Motion for Extension of Time to Serve Initial Brief
|
|
| Docket Date |
2024-08-29
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal -- 57 pages
|
| On Behalf Of |
Broward Clerk
|
|
| Docket Date |
2024-07-19
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
|
| Docket Date |
2024-07-19
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Plantation Open MRI, LLC
|
|
| Docket Date |
2024-07-10
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Pay Case Filing Fee-300
|
| On Behalf Of |
Government Employees Insurance Company
|
| View |
View File
|
|
| Docket Date |
2024-07-10
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-07-10
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Document
|
| Description |
Civil Cover Sheet
|
|
| Docket Date |
2024-07-10
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
|
| Docket Date |
2025-01-06
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief
|
| On Behalf Of |
Geico Indemnity Company
|
| View |
View File
|
|
| Docket Date |
2024-12-02
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDERED that Appellant's December 2, 2024 motion for extension of time is granted, and Appellant shall serve the initial brief on or before January 6, 2024. 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.
|
| View |
View File
|
|
| Docket Date |
2024-12-02
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Motion for Extension of Time to Serve Initial Brief
|
|
| Docket Date |
2024-10-30
|
| Type |
Order
|
| Subtype |
Order on Consolidation
|
| Description |
ORDERED that, upon consideration of appellant's October 4, 2024 Notice of Related Case or Issue and appellee's October 15, 2024 response, case number 4D2024-2502 is now consolidated for all purposes with consolidated case number 4D2024-1328, and shall proceed under the time schedule for a final appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D2024-1328. Further, ORDERED that appellant shall file the consolidated initial brief on or before December 6, 2024. 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.
|
| View |
View File
|
|
| Docket Date |
2024-09-05
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDERED that Appellant's September 4, 2024 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.
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| View |
View File
|
|
| Docket Date |
2024-07-10
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
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 (2023), 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.
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| View |
View File
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GEICO GENERAL INSURANCE COMPANY, Appellant(s) v. PLANTATION OPEN MRI, LLC a/a/o MANUEL LA, Appellee(s).
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4D2024-1606
|
2024-06-24
|
Open
|
|
| Classification |
NOA Final - County Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
County Court for the Seventeenth Judicial Circuit, Broward County
COINX23-028739
|
Parties
| Name |
GEICO GENERAL INSURANCE COMPANY
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Mark Andrew Krieger, IV, Kristen L. Wenger, Rebecca Morrison
|
|
| Name |
PLANTATION OPEN MRI LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Henry Ray Crouser, Sean Alexander Storani, Chad Andrew Barr
|
|
| Name |
Manuel La
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Mardi Levey Cohen
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Broward Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-11-18
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Consolidated Record on Appeal; pages 1 to 1,086
|
| On Behalf Of |
Broward Clerk
|
|
| Docket Date |
2024-10-30
|
| Type |
Order
|
| Subtype |
Order on Consolidation
|
| Description |
ORDERED that, upon consideration of appellant's October 4, 2024 Notice of Related Case or Issue and appellee's October 15, 2024 response, case number 4D2024-2502 is now consolidated for all purposes with consolidated case number 4D2024-1328, and shall proceed under the time schedule for a final appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D2024-1328. Further, ORDERED that appellant shall file the consolidated initial brief on or before December 6, 2024. 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.
|
| View |
View File
|
|
| Docket Date |
2024-10-07
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal -- 1838 pages
|
| On Behalf Of |
Broward Clerk
|
|
| Docket Date |
2024-09-16
|
| Type |
Order
|
| Subtype |
Order on Consolidation
|
| Description |
ORDERED that, upon consideration of appellant's September 13, 2024 response, case numbers 4D2024-1913, 4D2024-1328, 4D2024-1606, 4D2024-1617, 4D2024-1746, 4D2024-1920 and 4D2024-1995 are now consolidated for all purposes and are to proceed under the time schedule for a final appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D2024-1328. Further, ORDERED that appellant shall file the consolidated initial brief on or before December 6, 2024. 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.
|
| View |
View File
|
|
| Docket Date |
2024-09-13
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause
|
|
| Docket Date |
2024-09-09
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
ORDERED that appellant is directed to show cause in writing, within five (5) days from the date of this order, why case numbers 4D2024-1913, 4D2024-1328, 4D2024-1606, 4D2024-1617, 4D2024-1746, 4D2024-1920, and 4D2024-1995 should not be consolidated either for all purposes or for purposes of assignment to the same panel. If appellant contends consolidation is proper, appellant shall provide a proposed consolidated briefing schedule.
|
| View |
View File
|
|
| Docket Date |
2024-09-05
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Related Case or Issue
|
| On Behalf Of |
Geico General Insurance Company
|
|
| Docket Date |
2024-08-21
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDERED that Appellant's August 20, 2024 motion for extension of time is granted, and Appellant shall serve the initial brief on or before October 28, 2024. 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.
|
| View |
View File
|
|
| Docket Date |
2024-08-20
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Motion for Extension of Time to Serve Initial Brief
|
|
| Docket Date |
2024-08-16
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal; 381 Pages
|
| On Behalf Of |
Broward Clerk
|
|
| Docket Date |
2024-07-15
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Plantation Open MRI, LLC
|
|
| Docket Date |
2024-07-15
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
|
| Docket Date |
2024-06-24
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Paid Case Filing Fee-300
|
| On Behalf Of |
Geico General Insurance Company
|
| View |
View File
|
|
| Docket Date |
2024-06-24
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-06-24
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order on Filing Fee
|
| View |
View File
|
|
| Docket Date |
2024-06-24
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Document
|
| Description |
Civil Cover Sheet
|
|
| Docket Date |
2024-06-24
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
|
| Docket Date |
2025-01-06
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief
|
| On Behalf Of |
Geico Indemnity Company
|
| View |
View File
|
|
| Docket Date |
2024-12-02
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDERED that Appellant's December 2, 2024 motion for extension of time is granted, and Appellant shall serve the initial brief on or before January 6, 2024. 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.
|
| View |
View File
|
|
| Docket Date |
2024-12-02
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Motion for Extension of Time to Serve Initial Brief
|
|
| Docket Date |
2024-10-16
|
| Type |
Order
|
| Subtype |
Order on Consolidation
|
| Description |
ORDERED that, upon consideration of appellant's October 4, 2024 Notice of Related Case or Issue, case number 4D2024-2468 is now consolidated for all purposes with consolidated case number 4D2024-1328, and shall proceed under the time schedule for a final appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D2024-1328. Further,
ORDERED that appellant shall file the consolidated initial brief on or before December 6, 2024. 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.
|
| View |
View File
|
|
| Docket Date |
2024-09-20
|
| Type |
Order
|
| Subtype |
Order on Consolidation
|
| Description |
ORDERED that, upon consideration of appellant's September 18, 2024 Notice of Related Case or Issue, case number 4D2024-2374 is now consolidated for all purposes with consolidated case number 4D2024-1328, and shall proceed under the time schedule for a final appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D2024-1328. Further,
ORDERED that appellant shall file the consolidated initial brief on or before December 6, 2024. 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.
|
| View |
View File
|
|
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GEICO INDEMNITY COMPANY, Appellant(s) v. PLANTATION OPEN MRI, LLC a/a/o VANESTER JONES, Appellee(s).
|
4D2024-1328
|
2024-05-24
|
Open
|
|
| Classification |
NOA Final - County Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
County Court for the Seventeenth Judicial Circuit, Broward County
COINX23-035082
|
Parties
| Name |
GEICO INDEMNITY COMPANY
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Mark Andrew Krieger, IV, Kristen L. Wenger, Rebecca Morrison
|
|
| Name |
PLANTATION OPEN MRI LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Henry Ray Crouser, Sean Alexander Storani, Chad Andrew Barr
|
|
| Name |
Vanester Jones
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. John Matthew Brooks Hurley
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Broward Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-11-18
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Consolidated Record on Appeal; pages 1 to 1,086
|
| On Behalf Of |
Broward Clerk
|
|
| Docket Date |
2024-10-16
|
| Type |
Order
|
| Subtype |
Order on Consolidation
|
| Description |
ORDERED that, upon consideration of appellant's October 4, 2024 Notice of Related Case or Issue, case number 4D2024-2468 is now consolidated for all purposes with consolidated case number 4D2024-1328, and shall proceed under the time schedule for a final appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D2024-1328. Further,
ORDERED that appellant shall file the consolidated initial brief on or before December 6, 2024. 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.
|
| View |
View File
|
|
| Docket Date |
2024-10-07
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal -- 1838 pages
|
| On Behalf Of |
Broward Clerk
|
|
| Docket Date |
2024-09-16
|
| Type |
Order
|
| Subtype |
Order on Consolidation
|
| Description |
ORDERED that, upon consideration of appellant's September 13, 2024 response, case numbers 4D2024-1913, 4D2024-1328, 4D2024-1606, 4D2024-1617, 4D2024-1746, 4D2024-1920 and 4D2024-1995 are now consolidated for all purposes and are to proceed under the time schedule for a final appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D2024-1328. Further, ORDERED that appellant shall file the consolidated initial brief on or before December 6, 2024. 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.
|
| View |
View File
|
|
| Docket Date |
2024-09-13
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause
|
| On Behalf Of |
Geico Indemnity Company
|
|
| Docket Date |
2024-09-09
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
ORDERED that appellant is directed to show cause in writing, within five (5) days from the date of this order, why case numbers 4D2024-1913, 4D2024-1328, 4D2024-1606, 4D2024-1617, 4D2024-1746, 4D2024-1920, and 4D2024-1995 should not be consolidated either for all purposes or for purposes of assignment to the same panel. If appellant contends consolidation is proper, appellant shall provide a proposed consolidated briefing schedule.
|
| View |
View File
|
|
| Docket Date |
2024-09-05
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Related Case or Issue
|
| On Behalf Of |
Geico Indemnity Company
|
|
| Docket Date |
2024-08-15
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Record -- 630 pages (71-694)
|
| On Behalf Of |
Broward Clerk
|
|
| Docket Date |
2024-07-26
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Plantation Open MRI, LLC
|
|
| Docket Date |
2024-07-26
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
|
| Docket Date |
2024-07-25
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Agreed Motion to Approve Stipulation of the Parties to Supplement the Record and Extension of Time to File Initial Brief
|
|
| Docket Date |
2024-07-17
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal -- 72 pages
|
| On Behalf Of |
Broward Clerk
|
|
| Docket Date |
2024-05-24
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Pay Case Filing Fee-300
|
| On Behalf Of |
Geico Indemnity Company
|
| View |
View File
|
|
| Docket Date |
2024-05-24
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-05-24
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order on Filing Fee
|
| View |
View File
|
|
| Docket Date |
2024-05-24
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Document
|
| Description |
Civil Cover Sheet
|
|
| Docket Date |
2024-05-24
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
|
| Docket Date |
2025-01-06
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief
|
| On Behalf Of |
Geico Indemnity Company
|
| View |
View File
|
|
| Docket Date |
2024-12-02
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDERED that Appellant's December 2, 2024 motion for extension of time is granted, and Appellant shall serve the initial brief on or before January 6, 2024. 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.
|
| View |
View File
|
|
| Docket Date |
2024-12-02
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Motion for Extension of Time to Serve Initial Brief
|
|
| Docket Date |
2024-10-30
|
| Type |
Order
|
| Subtype |
Order on Consolidation
|
| Description |
ORDERED that, upon consideration of appellant's October 4, 2024 Notice of Related Case or Issue and appellee's October 15, 2024 response, case number 4D2024-2502 is now consolidated for all purposes with consolidated case number 4D2024-1328, and shall proceed under the time schedule for a final appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D2024-1328. Further, ORDERED that appellant shall file the consolidated initial brief on or before December 6, 2024. 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.
|
| View |
View File
|
|
| Docket Date |
2024-09-20
|
| Type |
Order
|
| Subtype |
Order on Consolidation
|
| Description |
ORDERED that, upon consideration of appellant's September 18, 2024 Notice of Related Case or Issue, case number 4D2024-2374 is now consolidated for all purposes with consolidated case number 4D2024-1328, and shall proceed under the time schedule for a final appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D2024-1328. Further,
ORDERED that appellant shall file the consolidated initial brief on or before December 6, 2024. 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.
|
| View |
View File
|
|
| Docket Date |
2024-07-29
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
ORDERED that Appellant's July 25, 2024 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. Further,
ORDERED that Appellant's July 25, 2024 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.
|
| View |
View File
|
|
|
|
GEICO INDEMNITY COMPANY, Appellant(s) v. PLANTATION OPEN MRI, LLC, et al., Appellee(s).
|
4D2023-2618
|
2023-11-01
|
Open
|
|
| Classification |
NOA Final - County Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
County Court for the Seventeenth Judicial Circuit, Broward County
COINX23-033610
|
Parties
| Name |
GEICO INDEMNITY COMPANY
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Kristen L. Wenger, Drew Andrew Krieger, Rebecca Morrison
|
|
| Name |
PLANTATION OPEN MRI LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Henry Ray Crouser, Sean Alexander Storani, Chad Andrew Barr
|
|
| Name |
Jose Verona
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Kim Theresa Mollica
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Broward Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-10-01
|
| Type |
Recognizing Agreed Extension
|
| Subtype |
Answer Brief
|
| Description |
90 days to 12/29/24
|
|
| Docket Date |
2024-10-01
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension of Time - Answer Brief
|
|
| Docket Date |
2024-08-30
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDERED that Appellant's August 16, 2024 motion for extension of time is granted. Appellant's initial brief was filed August 30, 2024.
|
| View |
View File
|
|
| Docket Date |
2024-08-30
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief
|
| View |
View File
|
|
| Docket Date |
2024-08-30
|
| Type |
Record
|
| Subtype |
Appendix to Initial Brief
|
| Description |
Appendix to Initial Brief
|
|
| Docket Date |
2024-08-16
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Motion for Extension of Time to Serve Initial Brief
|
|
| Docket Date |
2024-08-15
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Record--3821 Pages
|
| On Behalf Of |
Broward Clerk
|
|
| Docket Date |
2024-07-16
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
AGREED MOTION TO APPROVE STIPULATION OF THE PARTIES
TO SUPPLEMENT THE RECORD ON APPEAL AND FOR
EXTENSION OF TIME TO FILE INITIAL BRIEF
(refiled to remove exhibit)
|
|
| Docket Date |
2024-06-26
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal--900 Pages
|
| On Behalf Of |
Broward Clerk
|
|
| Docket Date |
2024-06-25
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time for Record
|
| Description |
Order on Motion for Extension of Time for Record
|
| View |
View File
|
|
| Docket Date |
2024-06-20
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time for Record & EOT/Toll Briefing
|
| Description |
Motion for Extension of Time for Record & EOT/Toll Briefing
|
|
| Docket Date |
2024-05-24
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time for Record
|
| Description |
Order on Motion for Extension of Time for Record
|
| View |
View File
|
|
| Docket Date |
2024-05-22
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time for Record & EOT/Toll Briefing
|
| Description |
Motion for Extension of Time for Record & EOT/Toll Briefing
|
|
| Docket Date |
2024-04-23
|
| Type |
Order
|
| Subtype |
Order on Consolidation
|
| Description |
Order on Consolidation
|
| View |
View File
|
|
| Docket Date |
2024-04-18
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time for Record & EOT/Toll Briefing
|
| Description |
Unopposed Motion for Extension of Time for Completion of Consolidated Record on Appeal and Corresponding Extension of Time to File a Initial Brief on the Merits
|
|
| Docket Date |
2024-02-13
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Motion for Extension of Time to Serve Initial Brief
|
|
| Docket Date |
2024-01-08
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing Final Judgment in Compliance with this Court's December 12, 2023 Order
|
|
| Docket Date |
2024-01-08
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDERED that Appellant's January 5, 2024 motion for extension of time is granted, and Appellant shall serve the initial brief on or before February 19, 2024. 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.
|
| View |
View File
|
|
| Docket Date |
2024-01-05
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Motion for Extension of Time to Serve Initial Brief
|
|
| Docket Date |
2023-12-07
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Court's Order on Jurisdiction
|
| On Behalf Of |
Geico Indemnity Company
|
|
| Docket Date |
2023-11-14
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
ORDERED that, upon consideration of appellant's November 7, 2023 notice of related case or issue, the parties are directed to show cause, within ten (10) days from the date of this order, as to why case numbers 4D2023-2614, 4D2023-2199, and 4D2023-2618 should not be consolidated for purposes of assignment to the same panel. Further, ORDERED that, upon review of the November 7, 2023 response filed in 4D2023-2618, appellant(s) shall, within ten (10) days from the date of this order, shall file in this court a brief statement explaining the basis for this court's subject matter jurisdiction over the order appealed in this case, citing supporting legal authorities. Appellant shall specifically address how the trial court's October 4, 2023 orders are final or nonfinal appealable orders, as they do not appear to enter judgment for or against a party. See Fla. R. App. P. 9.110(l); Dobrick v. Discovery Cruises, Inc., 581 So. 2d 645 (Fla. 4th DCA 1991); Wing Keo Ho v. Fountains of Palm Beach Condo., Inc., No. 3, 309 So. 3d 237 (Fla. 4th DCA 2020); further, appellees may file a response within ten (10) days of service of that statement.
|
| View |
View File
|
|
| Docket Date |
2023-11-07
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to November 2, 2023 Order
|
| On Behalf Of |
Geico Indemnity Company
|
|
| Docket Date |
2023-11-07
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Related Case or Issue
|
| On Behalf Of |
Geico Indemnity Company
|
|
| Docket Date |
2023-11-02
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
It appearing that the order to which the Notice of Appeal is directed is a non-appealable, non-final order, Appellant(s) shall have thirty (30) days from the date of this order to obtain a final order and to file a copy in this court. Failure to do so will result in sua sponte dismissal of the appeal. See Fla. R. App. P. 9.110(l); Dobrick v. Discovery Cruises, Inc., 581 So. 2d 645 (Fla. 4th DCA 1991); see also Paulino v. BJ's Wholesale Club, Inc., 106 So. 3d 985, 987 (Fla. 4th DCA 2013) ("On the other hand, it is well-established that an order which merely grants a motion to dismiss, as contrasted with an order dismissing a complaint or an action, is not a final order."). ORDERED that the trial court is specifically authorized, pursuant to Florida Rule of Appellate Procedure 9.600(b), upon appropriate application, to enter a final order in these proceedings.
|
| View |
View File
|
|
| Docket Date |
2023-11-01
|
| Type |
Event
|
| Subtype |
Fee Satisfied
|
| Description |
Fee Satisfied
|
|
| Docket Date |
2023-11-01
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Paid Case Filing Fee-300
|
| On Behalf Of |
Geico Indemnity Company
|
| View |
View File
|
|
| Docket Date |
2023-11-01
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
|
| Docket Date |
2023-11-01
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
| On Behalf Of |
Plantation Open MRI, LLC
|
|
| Docket Date |
2023-11-01
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order on Filing Fee
|
| View |
View File
|
|
| Docket Date |
2023-11-01
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2023-11-01
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Document
|
| Description |
Miscellaneous Trial Court Document
|
|
| Docket Date |
2025-01-10
|
| Type |
Motions Other
|
| Subtype |
Motion To Compel
|
| Description |
APPELLEE'S MOTION TO COMPEL FILING OF TRIAL RECORD
CONFORMING TO RULE 9.200(d), DIRECT APPELLANT TO FILE
AN AMENDED CONSOLIDATED INITIAL BRIEF, AND RE-SET
DUE DATE FOR CONSOLIDATED ANSWER BRIEF
|
|
| Docket Date |
2024-12-31
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDERED that Appellee's December 30, 2024 motion for extension of time is granted in part, 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. Attorney workload does not constitute extraordinary circumstances which justifies a further extension of time.
|
| View |
View File
|
|
| Docket Date |
2024-12-30
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Motion for Extension of Time to Serve Answer Brief
|
|
| Docket Date |
2024-07-25
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
ORDERED that the parties' July 15, 2024 agreed motion to supplement the record is
granted. The clerk of the lower tribunal shall prepare and file the supplemental material in this
court within twenty (20) days from the date of this order. Appellant shall monitor the
supplementation process. As to the unopposed request for an extension of time, Appellant is
advised that the filing of a motion to supplement the record is not a "mechanism to obtain an
indirect extension of time" and "[c]ounsel's obligation of timeliness demands an early, careful,
and complete assessment of the need to supplement the record on appeal, so as to avoid
unnecessary delay in disposition." Verasso v. State, 346 So. 3d 1282 (Fla. 1st DCA 2022); see
Personna v. State, 368 So. 3d 448 (Fla. 4th DCA 2023) ("This court has seen multiple instances
where counsel attempts to indirectly receive an extension of time to file a brief by seeking
supplementation of the record on appeal, usually after counsel has exhausted all their agreed
extensions of time. . . . A motion to supplement the record is not a motion for extension of time,
nor is it a tool for indirectly obtaining an extension of time."). Appellant shall serve the initial
brief on or before August 23, 2024
|
| View |
View File
|
|
| Docket Date |
2024-02-14
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDERED that appellant's February 13, 2024 motion for extension of time is granted, and appellant shall serve the initial brief on or before April 19, 2024. 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.
|
| View |
View File
|
|
| Docket Date |
2023-12-12
|
| Type |
Order
|
| Subtype |
Order on Consolidation
|
| Description |
ORDERED that, upon consideration of appellant's December 7, 2023 jurisdictional brief, case numbers 4D2023-2614, 4D2023-2199, and 4D2023-2618 are consolidated for panel purposes. Further, ORDERED that, upon consideration of appellant's jurisdictional brief filed in 4D2023-2614, the appeal in that case shall proceed as to the trial court's October 18, 2023 Final Judgment in Favor of Plaintiff. Further, ORDERED that, upon consideration of appellant's jurisdictional brief filed in 4D2023-2618, and it appearing that the order to which the Notice of Appeal is directed is a non-appealable, non-final order, appellant(s) shall have thirty (30) days from the date of this order to comply with this court's November 2, 2023 order to obtain an appealable final order and file a copy in this court.
|
| View |
View File
|
|
|
|
PLANTATION OPEN MRI, LLC a/a/o JOSEPH CARLO VS INFINITY INDEMNITY INSURANCE COMPANY
|
4D2021-0251
|
2021-01-12
|
Closed
|
|
| 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
|
|
|
|
PLANTATION OPEN MRI, LLC a/a/o JANAE SMITH VS INFINITY AUTO INSURANCE COMPANY
|
4D2019-2611
|
2019-08-16
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
COCE 18-009911 (54)
|
Parties
| Name |
JANAE SMITH
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
PLANTATION OPEN MRI LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Douglas H. Stein, Jose Font, Sean Storani
|
|
| Name |
INFINITY AUTO INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Suzanne Y. Labrit, Garrett Tozier, Gladys Perez Villanueva, 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 |
2020-08-03
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
Infinity Auto 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 Auto Insurance Company
|
|
| Docket Date |
2020-06-12
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Infinity Auto Insurance Company
|
|
| 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 |
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
|
|
| 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 |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Infinity Auto Insurance Company
|
|
| Docket Date |
2020-02-03
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Infinity Auto 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 Auto 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 Auto 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 Auto 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 Auto Insurance Company
|
|
| Docket Date |
2019-10-02
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR APPELLATE ATTORNEY'S FEES
|
| On Behalf Of |
Infinity Auto Insurance Company
|
|
| Docket Date |
2019-10-02
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Infinity Auto 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 |
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 |
2019-09-24
|
| 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 |
2019-09-24
|
| 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 |
2019-09-10
|
| 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
|
| On Behalf Of |
Plantation Open MRI, LLC
|
|
| 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 |
2019-08-21
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar Case Pending
|
| On Behalf Of |
Infinity Auto Insurance Company
|
|
| Docket Date |
2019-08-19
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2019-08-19
|
| 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 |
2019-08-16
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2019-08-16
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Plantation Open MRI, LLC
|
|
|
|
PLANTATION OPEN MRI, LLC a/a/o EMILIO PEREZ VS INFINITY INDEMNITY INSURANCE COMPANY
|
4D2019-2382
|
2019-07-26
|
Closed
|
|
| 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
|
|
|
|
PLANTATION OPEN MRI, LLC a/a/o IRVIN LASHSANTE VS INFINITY AUTO INSURANCE COMPANY
|
4D2019-2333
|
2019-07-23
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
COCE 18004881
|
Parties
| Name |
IRVIN LASHSANTE
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
PLANTATION OPEN MRI LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Sean Storani, Jose Font, Douglas H. Stein
|
|
| Name |
INFINITY AUTO 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 |
Infinity Auto 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 Auto 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 Auto 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 |
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 |
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 |
2020-08-05
|
| 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
|
|
| 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 Auto Insurance Company
|
|
| Docket Date |
2020-02-03
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Infinity Auto 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 Auto 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 Auto 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 Auto 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 Auto Insurance Company
|
|
| Docket Date |
2019-10-02
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Infinity Auto Insurance Company
|
|
| Docket Date |
2019-10-02
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR APPELLATE ATTORNEY'S FEES
|
| On Behalf Of |
Infinity Auto 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 |
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 |
2019-09-25
|
| 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 |
2019-09-24
|
| 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 |
2019-09-24
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ ***MOTION GRANTED 9/24/19***
|
| On Behalf Of |
Plantation Open MRI, LLC
|
|
| Docket Date |
2019-08-30
|
| 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 Auto 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 |
2019-08-08
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF RELATED CASES
|
| On Behalf Of |
Infinity Auto Insurance Company
|
|
| Docket Date |
2019-08-05
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Infinity Auto Insurance Company
|
|
| Docket Date |
2019-08-01
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Infinity Auto Insurance Company
|
|
| Docket Date |
2019-07-31
|
| Type |
Brief
|
| Subtype |
Memorandum Brief
|
| Description |
Memorandum Brief
|
| On Behalf Of |
Plantation Open MRI, LLC
|
|
| Docket Date |
2019-07-29
|
| 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 |
2019-07-24
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2019-07-24
|
| 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 |
2019-07-23
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2019-07-23
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Plantation Open MRI, LLC
|
|
|
|
PLANTATION OPEN MRI, LLC a/a/o WHITNEY COTTON VS INFINITY INDEMNITY INSURANCE COMPANY
|
4D2019-2277
|
2019-07-19
|
Closed
|
|
| 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
|
|
|
|
PLANTATION OPEN MRI, LLC a/a/o CENEL SAUL VS INFINITY INDEMNITY INSURANCE COMPANY
|
4D2019-2283
|
2019-07-19
|
Closed
|
|
| 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
|
|
|
|
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY VS PLANTATION OPEN MRI, LLC. a/a/o SVETLANA MARCHENKO
|
4D2018-0222
|
2018-01-17
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE15-000184 AP
|
Parties
| Name |
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Nancy W. Gregoire Stamper
|
|
| Name |
PLANTATION OPEN MRI LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Todd Landau
|
|
| Name |
SVETLANA MARCHENKO
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-05-07
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2018-05-07
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order-Original Proceeding Dismissed ~ ORDERED that the petition for writ of certiorari filed on January 16, 2018 is dismissed. See State Farm Mut. Auto. Ins. Co. v. CC Chiropractic, LLC, 43 Fla. L. Weekly D583 (Fla. 4th DCA Mar. 14, 2018). Further, ORDERED that the petitioner’s January 17, 2018 motion for attorney’s fees is denied. Further, ORDERED that the respondent’s January 22, 2018 motion for attorney’s fees is granted. On remand, the trial court shall set the reasonable amount of attorney’s fees, if any, to be awarded for this appellate case. If a motion for rehearing is filed in this Court, then services rendered in connection with the filing of the motion, including, but not limited to, preparation of a responsive pleading, shall be taken into account in computing the amount of the fee.CIKLIN, LEVINE and CONNER, JJ., concur.
|
|
| Docket Date |
2018-03-14
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ ATTACHED ORDER DENYING PETITION FOR WRIT IN 4D18-221 DATED 3/14/18
|
| On Behalf Of |
PLANTATION OPEN MRI, LLC.
|
|
| Docket Date |
2018-02-09
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ ATTACHED ORDER DENYING PETITION FOR WRIT IN CASE 4D17-2832 DATED 02/09/2018
|
| On Behalf Of |
PLANTATION OPEN MRI, LLC.
|
|
| Docket Date |
2018-01-26
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar Case Pending
|
| On Behalf Of |
State Farm Mutual Automobile Insurance Company
|
|
| Docket Date |
2018-01-22
|
| 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 |
2018-01-19
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Writ of Certiorari / Acknowledgment letter
|
|
| Docket Date |
2018-01-17
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
State Farm Mutual Automobile Insurance Company
|
|
| Docket Date |
2018-01-17
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed
|
| On Behalf Of |
State Farm Mutual Automobile Insurance Company
|
|
| Docket Date |
2018-01-17
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
| On Behalf Of |
State Farm Mutual Automobile Insurance Company
|
|
| Docket Date |
2018-01-17
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2018-01-19
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Original Proceeding ~ The $300.00 filing fee or affidavit of indigency in conformance with sections 57.081 and 57.085, Florida Statutes, did not accompany the petition as required in Florida Rule of Appellate Procedure 9.100(b). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE PETITION IS SUBSEQUENTLY VOLUNTARILY DISMISSED OR ADVERSELY DISMISSED.ORDERED sua sponte that the $300.00 filing fee or affidavit of indigency in conformance with section 57.081 and 57.085, Florida Statutes, must be filed in this Court within ten (10) days from the date of the entry of this order. 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 petition has a duty to tender the filing fee to the appellate court when the petition 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: 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 this filing fee is paid or until an affidavit of indigency is filed and indigency status is granted.
|
|
|
|
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY VS PLANTATION OPEN MRI, LLC, a/a/o NICHOLAS VIERA
|
4D2018-0236
|
2018-01-17
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
15-18326 CACE AP
|
Parties
| Name |
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Kenneth Paul Hazouri
|
|
| Name |
PLANTATION OPEN MRI LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Todd Landau
|
|
| Name |
NICHOLAS VIERA
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-05-02
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2018-03-14
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ COPY OF ORDER DENYING PETITION FOR WRIT
|
| On Behalf Of |
Plantation Open MRI, LLC
|
|
| Docket Date |
2018-02-26
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar Case Pending
|
| On Behalf Of |
State Farm Mutual Automobile Insurance Company
|
|
| Docket Date |
2018-02-09
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ COPY OF 2/09/18 ORDER
|
| On Behalf Of |
Plantation Open MRI, LLC
|
|
| Docket Date |
2018-02-07
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ IN OPPOSITION TO RESPONDENT'S MOTION FOR APPELLATE ATTORNEYS' FEES AND COSTS
|
| On Behalf Of |
State Farm Mutual Automobile Insurance Company
|
|
| Docket Date |
2018-01-23
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ ***REQUEST FOR COSTS STRICKEN*** AND COSTS (RESPONSE IN OPPOSITION FILED 2/07/18)
|
| On Behalf Of |
Plantation Open MRI, LLC
|
|
| Docket Date |
2018-01-19
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Original Proceeding ~ The $300.00 filing fee or affidavit of indigency in conformance with sections 57.081 and 57.085, Florida Statutes, did not accompany the petition as required in Florida Rule of Appellate Procedure 9.100(b). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE PETITION IS SUBSEQUENTLY VOLUNTARILY DISMISSED OR ADVERSELY DISMISSED.ORDERED sua sponte that the $300.00 filing fee or affidavit of indigency in conformance with section 57.081 and 57.085, Florida Statutes, must be filed in this Court within ten (10) days from the date of the entry of this order. 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 petition has a duty to tender the filing fee to the appellate court when the petition 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: 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 this filing fee is paid or until an affidavit of indigency is filed and indigency status is granted.
|
|
| Docket Date |
2018-01-19
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Writ of Certiorari / Acknowledgment letter
|
|
| Docket Date |
2018-01-18
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
| On Behalf Of |
State Farm Mutual Automobile Insurance Company
|
|
| Docket Date |
2018-01-17
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed
|
| On Behalf Of |
State Farm Mutual Automobile Insurance Company
|
|
| Docket Date |
2018-01-17
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2018-05-02
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order-Original Proceeding Dismissed ~ ORDERED that the petition for writ of certiorari filed on January 17, 2018, is dismissed. See State Farm Mut. Auto. Ins. Co. v. CC Chiropractic, LLC, 4D18-0221, 2018 WL 1315076 (Fla. 4th DCA Mar. 14, 2018). Further, ORDERED that the respondent’s January 23, 2018 motion for attorney’s fees is granted. On remand, the trial court shall set the reasonable amount of attorney’s fees, if any, to be awarded for this appellate case. If a motion for rehearing is filed in this Court, then services rendered in connection with the filing of the motion, including, but not limited to, preparation of a responsive pleading, shall be taken into account in computing the amount of the fee. The request for costs in the motion is stricken without prejudice to seek costs in the trial court. Fla. R. Civ. P. 9.400(a); see also Superior Protection, Inc. v. Martinez, 930 So. 2d 859, 860 (Fla. 2d DCA 2006).GROSS, MAY and LEVINE, JJ., concur.
|
|
|
|
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY VS PLANTATION OPEN MRI, LLC, a/a/o WINSTON LEWIS
|
4D2018-0244
|
2018-01-17
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
17-536 CACE AP
|
Parties
| Name |
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Kenneth Paul Hazouri
|
|
| Name |
WINSTON LEWIS
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
PLANTATION OPEN MRI LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Todd Landau
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-04-30
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2018-03-14
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ COPY OF ORDER DENYING PETITION FOR WRIT
|
| On Behalf Of |
Plantation Open MRI, LLC
|
|
| Docket Date |
2018-02-26
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar Case Pending
|
| On Behalf Of |
State Farm Mutual Automobile Insurance Company
|
|
| Docket Date |
2018-02-12
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ COPY OF 2/09/18 ORDER
|
| On Behalf Of |
Plantation Open MRI, LLC
|
|
| Docket Date |
2018-02-07
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ IN OPPOSITION TO RESPONDENT'S MOTION FOR APPELLATE ATTORNEYS' FEES AND COSTS
|
| On Behalf Of |
State Farm Mutual Automobile Insurance Company
|
|
| Docket Date |
2018-01-23
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ AND COSTS (RESPONSE IN OPPOSITION FILED 2/07/18)
|
| On Behalf Of |
Plantation Open MRI, LLC
|
|
| Docket Date |
2018-01-19
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Writ of Certiorari / Acknowledgment letter
|
|
| Docket Date |
2018-01-17
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed
|
| On Behalf Of |
State Farm Mutual Automobile Insurance Company
|
|
| Docket Date |
2018-01-17
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
| On Behalf Of |
State Farm Mutual Automobile Insurance Company
|
|
| Docket Date |
2018-01-17
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2018-04-30
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order-Original Proceeding Dismissed ~ ORDERED that the petition for writ of certiorari is dismissed. State Farm Mut. Auto. Ins. Co. v. CC Chiropractic, LLC a/a/o Islande Napoleon, 43 Fla. L. Weekly D583 (Fla. 4th DCA Mar. 14, 2018). Further,ORDERED that the respondent’s January 23, 2018 motion for attorney’s fees is granted. On remand, the trial court shall set the reasonable amount of attorney’s fees, if any, to be awarded for this appellate case. If a motion for rehearing is filed in this Court, then services rendered in connection with the filing of the motion, including, but not limited to, preparation of a responsive pleading, shall be taken into account in computing the amount of the fee. The request for costs in the motion is stricken without prejudice to seek costs in the trial court. Fla. R. Civ. P. 9.400(a); see also Superior Protection, Inc. v. Martinez, 930 So. 2d 859, 860 (Fla. 2d DCA 2006).WARNER, LEVINE and KLINGENSMITH, JJ., concur.
|
|
| Docket Date |
2018-01-19
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Original Proceeding ~ The $300.00 filing fee or affidavit of indigency in conformance with sections 57.081 and 57.085, Florida Statutes, did not accompany the petition as required in Florida Rule of Appellate Procedure 9.100(b). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE PETITION IS SUBSEQUENTLY VOLUNTARILY DISMISSED OR ADVERSELY DISMISSED.ORDERED sua sponte that the $300.00 filing fee or affidavit of indigency in conformance with section 57.081 and 57.085, Florida Statutes, must be filed in this Court within ten (10) days from the date of the entry of this order. 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 petition has a duty to tender the filing fee to the appellate court when the petition 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: 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 this filing fee is paid or until an affidavit of indigency is filed and indigency status is granted.
|
|
|
|
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY VS PLANTATION OPEN MRI, LLC, a/a/o RENEA BRENNER
|
4D2018-0229
|
2018-01-17
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
17-803 CACE AP
|
Parties
| Name |
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Kenneth Paul Hazouri
|
|
| Name |
RENEA BRENNER
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
PLANTATION OPEN MRI LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Todd Landau
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-01-17
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Filed
|
| On Behalf Of |
State Farm Mutual Automobile Insurance Company
|
|
| Docket Date |
2018-04-30
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order-Original Proceeding Dismissed ~ ORDERED that the petition for writ of certiorari filed on January 17, 2018 is dismissed. See State Farm Mut. Auto. Ins. Co. v. CC Chiropractic, LLC, 4D18-0221, 2018 WL 1315076 (Fla. 4th DCA Mar. 14, 2018). Further, ORDERED that the respondent’s January 23, 2018, motion for attorney’s fees is granted. On remand, the trial court shall set the reasonable amount of attorney’s fees, if any, to be awarded for this appellate case. If a motion for rehearing is filed in this Court, then services rendered in connection with the filing of the motion, including, but not limited to, preparation of a responsive pleading, shall be taken into account in computing the amount of the fee. The request for costs in the motion is stricken without prejudice to seek costs in the trial court. Fla. R. Civ. P. 9.400(a); see also Superior Protection, Inc. v. Martinez, 930 So. 2d 859, 860 (Fla. 2d DCA 2006).WARNER, GROSS and DAMOORGIAN, JJ., concur.
|
|
| Docket Date |
2018-04-30
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2018-03-14
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ COPY OF ORDER DENYING PETITION FOR WRIT
|
| On Behalf Of |
Plantation Open MRI, LLC
|
|
| Docket Date |
2018-02-26
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar Case Pending
|
| On Behalf Of |
State Farm Mutual Automobile Insurance Company
|
|
| Docket Date |
2018-02-12
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ COPY OF 2/09/18 ORDER
|
| On Behalf Of |
Plantation Open MRI, LLC
|
|
| Docket Date |
2018-02-07
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ IN OPPOSITION TO RESPONDENT'S MOTION FOR APPELLATE ATTORNEYS' FEES AND COSTS
|
| On Behalf Of |
State Farm Mutual Automobile Insurance Company
|
|
| Docket Date |
2018-01-23
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ AND COSTS (RESPONSE IN OPPOSITION FILED 2/07/18)
|
| On Behalf Of |
Plantation Open MRI, LLC
|
|
| Docket Date |
2018-01-19
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Writ of Certiorari / Acknowledgment letter
|
|
| Docket Date |
2018-01-19
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Original Proceeding ~ The $300.00 filing fee or affidavit of indigency in conformance with sections 57.081 and 57.085, Florida Statutes, did not accompany the petition as required in Florida Rule of Appellate Procedure 9.100(b). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE PETITION IS SUBSEQUENTLY VOLUNTARILY DISMISSED OR ADVERSELY DISMISSED.ORDERED sua sponte that the $300.00 filing fee or affidavit of indigency in conformance with section 57.081 and 57.085, Florida Statutes, must be filed in this Court within ten (10) days from the date of the entry of this order. 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 petition has a duty to tender the filing fee to the appellate court when the petition 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: 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 this filing fee is paid or until an affidavit of indigency is filed and indigency status is granted.
|
|
| Docket Date |
2018-01-17
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
| On Behalf Of |
State Farm Mutual Automobile Insurance Company
|
|
| Docket Date |
2018-01-17
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY VS PLANTATION OPEN MRI, LLC., a/a/o COURTNEY KRUMSIECK
|
4D2018-0240
|
2018-01-17
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
15-017670 CACE (AP)
|
Parties
| Name |
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Kenneth Paul Hazouri
|
|
| Name |
PLANTATION OPEN MRI LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Todd Landau
|
|
| Name |
COURTNEY KRUMSIECK
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-04-24
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2018-03-14
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ COPY OF ORDER DENYING PETITION FOR WRIT
|
| On Behalf Of |
PLANTATION OPEN MRI, LLC.
|
|
| Docket Date |
2018-02-26
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar Case Pending
|
| On Behalf Of |
State Farm Mutual Automobile Insurance Company
|
|
| Docket Date |
2018-02-09
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ COPY OF 2/09/18 ORDER
|
| On Behalf Of |
PLANTATION OPEN MRI, LLC.
|
|
| Docket Date |
2018-02-07
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ IN OPPOSITION TO RESPONDENT'S MOTION FOR APPELLATE ATTORNEYS' FEES AND COSTS
|
| On Behalf Of |
State Farm Mutual Automobile Insurance Company
|
|
| Docket Date |
2018-01-23
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ AND COSTS (RESPONSE IN OPPOSITION FILED 2/07/18)
|
| On Behalf Of |
PLANTATION OPEN MRI, LLC.
|
|
| Docket Date |
2018-01-19
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Writ of Certiorari / Acknowledgment letter
|
|
| Docket Date |
2018-01-18
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
| On Behalf Of |
State Farm Mutual Automobile Insurance Company
|
|
| Docket Date |
2018-01-17
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Filed
|
| On Behalf Of |
State Farm Mutual Automobile Insurance Company
|
|
| Docket Date |
2018-01-17
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2018-04-24
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order-Original Proceeding Dismissed ~ ORDERED that the petition for writ of certiorari filed on January 17, 2018 is dismissed. See State Farm Mut. Auto. Ins. Co. v. CC Chiropractic, LLC, 4D18-0221, 2018 WL 1315076 (Fla. 4th DCA Mar. 14, 2018). Further, ORDERED that the respondent’s January 23, 2018 motion for attorney’s fees is granted. On remand, the trial court shall set the reasonable amount of attorney’s fees, if any, to be awarded for this appellate case. If a motion for rehearing is filed in this Court, then services rendered in connection with the filing of the motion, including, but not limited to, preparation of a responsive pleading, shall be taken into account in computing the amount of the fee. The request for costs in the motion is stricken without prejudice to seek costs in the trial court. Fla. R. Civ. P. 9.400(a); see also Superior Protection, Inc. v. Martinez, 930 So. 2d 859, 860 (Fla. 2d DCA 2006).WARNER, GROSS and CONNER, JJ., concur.
|
|
| Docket Date |
2018-01-19
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Original Proceeding ~ The $300.00 filing fee or affidavit of indigency in conformance with sections 57.081 and 57.085, Florida Statutes, did not accompany the petition as required in Florida Rule of Appellate Procedure 9.100(b). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE PETITION IS SUBSEQUENTLY VOLUNTARILY DISMISSED OR ADVERSELY DISMISSED.ORDERED sua sponte that the $300.00 filing fee or affidavit of indigency in conformance with section 57.081 and 57.085, Florida Statutes, must be filed in this Court within ten (10) days from the date of the entry of this order. 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 petition has a duty to tender the filing fee to the appellate court when the petition 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: 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 this filing fee is paid or until an affidavit of indigency is filed and indigency status is granted.
|
|
|
|
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY VS PLANTATION OPEN MRI, LLC. a/a/o BOBBY DUBOSE
|
4D2018-0253
|
2018-01-17
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
16-10802 CACE (AP)
|
Parties
| Name |
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Kenneth Paul Hazouri
|
|
| Name |
PLANTATION OPEN MRI LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Todd Landau
|
|
| Name |
BOBBY DUBOSE
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-04-26
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2018-03-14
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing
|
| On Behalf Of |
PLANTATION OPEN MRI, LLC.
|
|
| Docket Date |
2018-02-26
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar Case Pending
|
| On Behalf Of |
State Farm Mutual Automobile Insurance Company
|
|
| Docket Date |
2018-02-09
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing
|
| On Behalf Of |
PLANTATION OPEN MRI, LLC.
|
|
| Docket Date |
2018-02-07
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOT. FOR ATTY. FEES.
|
| On Behalf Of |
State Farm Mutual Automobile Insurance Company
|
|
| Docket Date |
2018-01-23
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ (RESPONSE FILED 2/7/18)
|
| On Behalf Of |
PLANTATION OPEN MRI, LLC.
|
|
| Docket Date |
2018-01-19
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Writ of Certiorari / Acknowledgment letter
|
|
| Docket Date |
2018-01-18
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
| On Behalf Of |
State Farm Mutual Automobile Insurance Company
|
|
| Docket Date |
2018-01-17
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2018-01-17
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed
|
| On Behalf Of |
State Farm Mutual Automobile Insurance Company
|
|
| Docket Date |
2018-04-26
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order-Original Proceeding Dismissed ~ ORDERED that the petition for writ of certiorari filed on January 17, 2018 is dismissed. See State Farm Mut. Auto. Ins. Co. v. CC Chiropractic, LLC, 43 Fla. L. Weekly D583 (Fla. 4th DCA Mar. 14, 2018). Further ORDERED that the respondent’s January 23, 2018 motion for attorney’s fees is granted. On remand, the trial court shall set the reasonable amount of attorney’s fees, if any, to be awarded for this appellate case. If a motion for rehearing is filed in this Court, then services rendered in connection with the filing of the motion, including, but not limited to, preparation of a responsive pleading, shall be taken into account in computing the amount of the fee. CONNER, KLINGENSMITH and KUNTZ, JJ., concur.
|
|
| Docket Date |
2018-01-19
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Original Proceeding ~ The $300.00 filing fee or affidavit of indigency in conformance with sections 57.081 and 57.085, Florida Statutes, did not accompany the petition as required in Florida Rule of Appellate Procedure 9.100(b). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE PETITION IS SUBSEQUENTLY VOLUNTARILY DISMISSED OR ADVERSELY DISMISSED.ORDERED sua sponte that the $300.00 filing fee or affidavit of indigency in conformance with section 57.081 and 57.085, Florida Statutes, must be filed in this Court within ten (10) days from the date of the entry of this order. 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 petition has a duty to tender the filing fee to the appellate court when the petition 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: 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 this filing fee is paid or until an affidavit of indigency is filed and indigency status is granted.
|
|
|
|
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY VS PLANTATION OPEN MRI, LLC. a/a/o EDITH JACOB
|
4D2018-0235
|
2018-01-17
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE15-017025 (AP)
|
Parties
| Name |
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Kenneth Paul Hazouri
|
|
| Name |
EDITH JACOB
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
PLANTATION OPEN MRI LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Todd Landau
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-04-26
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2018-03-14
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ COPY OF ORDER DENYING PETITION FOR WRIT
|
| On Behalf Of |
PLANTATION OPEN MRI, LLC.
|
|
| Docket Date |
2018-02-26
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar Case Pending
|
| On Behalf Of |
State Farm Mutual Automobile Insurance Company
|
|
| Docket Date |
2018-02-09
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ COPY OF 2/09/18 ORDER
|
| On Behalf Of |
PLANTATION OPEN MRI, LLC.
|
|
| Docket Date |
2018-02-07
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ IN OPPOSITION TO RESPONDENT'S MOTION FOR APPELLATE ATTORNEYS' FEES AND COSTS
|
| On Behalf Of |
State Farm Mutual Automobile Insurance Company
|
|
| Docket Date |
2018-01-23
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ AND COSTS (RESPONSE IN OPPOSITION FILED 2/07/18)
|
| On Behalf Of |
PLANTATION OPEN MRI, LLC.
|
|
| Docket Date |
2018-01-19
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Writ of Certiorari / Acknowledgment letter
|
|
| Docket Date |
2018-01-18
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
| On Behalf Of |
State Farm Mutual Automobile Insurance Company
|
|
| Docket Date |
2018-01-17
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Filed
|
| On Behalf Of |
State Farm Mutual Automobile Insurance Company
|
|
| Docket Date |
2018-01-17
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2018-04-26
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order-Original Proceeding Dismissed ~ ORDERED that the petition for writ of certiorari is dismissed. State Farm Mut. Auto. Ins. Co. v. CC Chiropractic, LLC a/a/o Islande Napoleon, 43 Fla. L. Weekly D583 (Fla. 4th DCA Mar. 14, 2018). Further, ORDERED that the respondent’s January 23, 2018 motion for attorney’s fees is granted. On remand, the trial court shall set the reasonable amount of attorney’s fees, if any, to be awarded for this appellate case. If a motion for rehearing is filed in this Court, then services rendered in connection with the filing of the motion, including, but not limited to, preparation of a responsive pleading, shall be taken into account in computing the amount of the fee. The request for costs in the motion is stricken without prejudice to seek costs in the trial court. Fla. R. Civ. P. 9.400(a); see also Superior Protection, Inc. v. Martinez, 930 So. 2d 859, 860 (Fla. 2d DCA 2006).GROSS, MAY and LEVINE, JJ., concur.
|
|
| Docket Date |
2018-01-19
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Original Proceeding ~ The $300.00 filing fee or affidavit of indigency in conformance with sections 57.081 and 57.085, Florida Statutes, did not accompany the petition as required in Florida Rule of Appellate Procedure 9.100(b). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE PETITION IS SUBSEQUENTLY VOLUNTARILY DISMISSED OR ADVERSELY DISMISSED.ORDERED sua sponte that the $300.00 filing fee or affidavit of indigency in conformance with section 57.081 and 57.085, Florida Statutes, must be filed in this Court within ten (10) days from the date of the entry of this order. 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 petition has a duty to tender the filing fee to the appellate court when the petition 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: 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 this filing fee is paid or until an affidavit of indigency is filed and indigency status is granted.
|
|
|
|
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY VS PLANTATION OPEN MRI, LLC. a/a/o CATHERINE JACKSON
|
4D2018-0243
|
2018-01-17
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
15-013277 CACE (AP)
|
Parties
| Name |
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Kenneth Paul Hazouri
|
|
| Name |
PLANTATION OPEN MRI LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Todd Landau
|
|
| Name |
CATHERINE JACKSON
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-02-07
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ IN OPPOSITION TO RESPONDENT'S MOTION FOR APPELLATE ATTORNEYS' FEES AND COSTS
|
| On Behalf Of |
State Farm Mutual Automobile Insurance Company
|
|
| Docket Date |
2018-01-23
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ AND COSTS (RESPONSE IN OPPOSITION FILED 2/07/18)
|
| On Behalf Of |
PLANTATION OPEN MRI, LLC.
|
|
| Docket Date |
2018-03-14
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ COPY OF ORDER DENYING PETITION FOR WRIT
|
| On Behalf Of |
PLANTATION OPEN MRI, LLC.
|
|
| Docket Date |
2018-02-26
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar Case Pending
|
| On Behalf Of |
State Farm Mutual Automobile Insurance Company
|
|
| Docket Date |
2018-02-09
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ COPY OF 2/09/18 ORDER
|
| On Behalf Of |
PLANTATION OPEN MRI, LLC.
|
|
| Docket Date |
2018-01-19
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Writ of Certiorari / Acknowledgment letter
|
|
| Docket Date |
2018-01-18
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
| On Behalf Of |
State Farm Mutual Automobile Insurance Company
|
|
| Docket Date |
2018-01-17
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2018-01-17
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed
|
| On Behalf Of |
State Farm Mutual Automobile Insurance Company
|
|
| Docket Date |
2018-04-24
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2018-04-24
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order-Original Proceeding Dismissed ~ ORDERED that the petition for writ of certiorari filed on January 17, 2018 is dismissed. See State Farm Mut. Auto. Ins. Co. v. CC Chiropractic, LLC, 4D18-0221, 2018 WL 1315076 (Fla. 4th DCA Mar. 14, 2018). Further, ORDERED that the respondent’s January 23, 2018 motion for attorney’s fees is granted. On remand, the trial court shall set the reasonable amount of attorney’s fees, if any, to be awarded for this appellate case. If a motion for rehearing is filed in this Court, then services rendered in connection with the filing of the motion, including, but not limited to, preparation of a responsive pleading, shall be taken into account in computing the amount of the fee. The request for costs in the motion is stricken without prejudice to seek costs in the trial court. Fla. R. Civ. P. 9.400(a); see also Superior Protection, Inc. v. Martinez, 930 So. 2d 859, 860 (Fla. 2d DCA 2006).GERBER C.J., CIKLIN and LEVINE, JJ., concur.
|
|
| Docket Date |
2018-01-19
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Original Proceeding ~ The $300.00 filing fee or affidavit of indigency in conformance with sections 57.081 and 57.085, Florida Statutes, did not accompany the petition as required in Florida Rule of Appellate Procedure 9.100(b). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE PETITION IS SUBSEQUENTLY VOLUNTARILY DISMISSED OR ADVERSELY DISMISSED.ORDERED sua sponte that the $300.00 filing fee or affidavit of indigency in conformance with section 57.081 and 57.085, Florida Statutes, must be filed in this Court within ten (10) days from the date of the entry of this order. 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 petition has a duty to tender the filing fee to the appellate court when the petition 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: 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 this filing fee is paid or until an affidavit of indigency is filed and indigency status is granted.
|
|
|
|
STATE FARM FIRE AND CASUALTY COMPANY VS PLANTATION OPEN MRI, LLC. a/a/o ALAIN DOUYON
|
4D2018-0248
|
2018-01-17
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
15-21184 CACE (AP)
|
Parties
| Name |
STATE FARM FIRE AND CASUALTY COMPANY
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Kenneth Paul Hazouri
|
|
| Name |
PLANTATION OPEN MRI LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Todd Landau
|
|
| Name |
ALAIN DOUYON
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-04-25
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2018-03-14
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ COPY OF ORDER DENYING PETITION FOR WRIT
|
| On Behalf Of |
PLANTATION OPEN MRI, LLC.
|
|
| Docket Date |
2018-02-26
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar Case Pending
|
| On Behalf Of |
State Farm Fire and Casualty Company
|
|
| Docket Date |
2018-02-09
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ COPY OF 2/09/18 ORDER
|
| On Behalf Of |
PLANTATION OPEN MRI, LLC.
|
|
| Docket Date |
2018-02-07
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ IN OPPOSITION TO RESPONDENT'S MOTION FOR APPELLATE ATTORNEYS' FEES AND COSTS
|
| On Behalf Of |
State Farm Fire and Casualty Company
|
|
| Docket Date |
2018-01-23
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ AND COSTS (RESPONSE IN OPPOSITION FILED 2/07/18) (REEQUEST FOR COSTS STRICKEN)
|
| On Behalf Of |
PLANTATION OPEN MRI, LLC.
|
|
| Docket Date |
2018-01-19
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Original Proceeding ~ The $300.00 filing fee or affidavit of indigency in conformance with sections 57.081 and 57.085, Florida Statutes, did not accompany the petition as required in Florida Rule of Appellate Procedure 9.100(b). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE PETITION IS SUBSEQUENTLY VOLUNTARILY DISMISSED OR ADVERSELY DISMISSED.ORDERED sua sponte that the $300.00 filing fee or affidavit of indigency in conformance with section 57.081 and 57.085, Florida Statutes, must be filed in this Court within ten (10) days from the date of the entry of this order. 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 petition has a duty to tender the filing fee to the appellate court when the petition 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: 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 this filing fee is paid or until an affidavit of indigency is filed and indigency status is granted.
|
|
| Docket Date |
2018-01-19
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Writ of Certiorari / Acknowledgment letter
|
|
| Docket Date |
2018-01-18
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
| On Behalf Of |
State Farm Fire and Casualty Company
|
|
| Docket Date |
2018-01-17
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2018-01-17
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed
|
| On Behalf Of |
State Farm Fire and Casualty Company
|
|
| Docket Date |
2018-04-25
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order-Original Proceeding Dismissed ~ ORDERED that the petition for writ of certiorari filed on January 17, 2018 is dismissed. See State Farm Mut. Auto. Ins. Co. v. CC Chiropractic, LLC, 43 Fla. L. Weekly D583 (Fla. 4th DCA Mar. 14, 2018). Further, ORDERED that the respondent’s January 23, 2018 motion for attorney’s fees is granted. On remand, the trial court shall set the reasonable amount of attorney’s fees, if any, to be awarded for this appellate case. If a motion for rehearing is filed in this Court, then services rendered in connection with the filing of the motion, including, but not limited to, preparation of a responsive pleading, shall be taken into account in computing the amount of the fee. The request for costs in the motion is stricken without prejudice to seek costs in the trial court. Fla. R. Civ. P. 9.400(a); see also Superior Protection, Inc. v. Martinez, 930 So. 2d 859, 860 (Fla. 2d DCA 2006).DAMOORGIAN, LEVINE and KUNTZ, JJ., concur.
|
|
|
