|
BETH ISRAEL OUTPATIENT SURGICAL CENTER, LLC d/b/a BROWARD OUTPATIENT CENTER d/b/a BROWARD OUTPATIENT SURGICAL CENTER, et al. VS MISTRAL FENELUS, et al.
|
4D2022-3399
|
2022-12-22
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE17017602
|
Parties
| Name |
Broward Outpatient Surgical Center
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
BROWARD OUTPATIENT MEDICAL CENTER, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Broward Outpatient Center
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Medassist Medical
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
BETH ISRAEL OUTPATIENT SURGICAL CENTER, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Ivan John Kopas, Albert L. Frevola
|
|
| Name |
Lydia Fils Charles
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CHARLES LODGE LAW GROUP, P.A.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. David A. Haimes
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
PALM COAST ANESTHESIA GROUP, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Mistral Fenelus
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Ahlam Elguindi, Latoya Harridon-Lodge, James Jean-Francois, Amal Masri
|
|
Docket Entries
| Docket Date |
2023-03-07
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ ORDERED that appellants in the above-styled case is directed to show cause in writing, if any there be, on or before March 17, 2023, why the above-styled case should not be dismissed for lack of timely prosecution, in that appellants' initial brief has not been filed with this court as of this date. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief is filed within this time, the order to show cause will be considered automatically discharged without further order.
|
|
| Docket Date |
2022-12-22
|
| 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 required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a lower tribunal clerk's determination of indigent status is filed.
|
|
| Docket Date |
2023-03-17
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the March 16, 2023 notice of voluntary dismissal, this case is dismissed.
|
|
| Docket Date |
2023-03-17
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2023-03-16
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
Beth Israel Outpatient Surgical Center, LLC
|
|
| Docket Date |
2023-02-01
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ (857 PAGES)
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-12-23
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Beth Israel Outpatient Surgical Center, LLC
|
|
| Docket Date |
2022-12-22
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Beth Israel Outpatient Surgical Center, LLC
|
|
| Docket Date |
2022-12-22
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-12-22
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
|
|
FENSTERSHEIB LAW GROUP, P.A. VS BETH ISRAEL OUTPATIENT SURGICAL CENTER, LLC
|
4D2021-0217
|
2021-01-11
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE19-015541
|
Parties
| Name |
FENSTERSHEIB LAW GROUP, P.A.
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Paul C. Deruelle
|
|
| Name |
BETH ISRAEL OUTPATIENT SURGICAL CENTER, LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Micheal Pineiro
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-03-15
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT to file Response ~ ORDERED that respondent's March 12, 2021 motion for extension of time is granted. The time for filing a response is extended to April 23, 2021.
|
|
| Docket Date |
2021-02-15
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT to file Response ~ ORDERED that respondent's February 11, 2021 motion for extension of time is granted. The time for filing a response to the petition is extended to March 25, 2021.
|
|
| Docket Date |
2021-05-14
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Grant Voluntary Dismissal (Joint) ~ At the request of the parties, this case is dismissed.
|
|
| Docket Date |
2021-05-13
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal ~ JOINT STIPULATION FOR DISMISSAL
|
| On Behalf Of |
Beth Israel Outpatient Surgical Center, LLC
|
|
| Docket Date |
2021-05-14
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2021-05-04
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Grant Stay ~ ORDERED that the April 30, 2021 joint motion for stay is granted. This proceeding is stayed for forty-five (45) days from the date of this order.
|
|
| Docket Date |
2021-04-30
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay ~ JOINT MOTION TO STAY PROCEEDING PENDING FINAL SETTLEMENT AND DISMISSAL
|
| On Behalf Of |
Beth Israel Outpatient Surgical Center, LLC
|
|
| Docket Date |
2021-04-23
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT to file Response ~ ORDERED that respondent's April 21, 2021 motion is granted. The time for filing a response is extended to May 10, 2021.
|
|
| Docket Date |
2021-04-21
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
| On Behalf Of |
Beth Israel Outpatient Surgical Center, LLC
|
|
| Docket Date |
2021-03-12
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
| On Behalf Of |
Beth Israel Outpatient Surgical Center, LLC
|
|
| Docket Date |
2021-02-11
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
| On Behalf Of |
Beth Israel Outpatient Surgical Center, LLC
|
|
| Docket Date |
2021-01-28
|
| Type |
Order
|
| Subtype |
Show Cause re Petition
|
| Description |
ORD-Writs Show Cause with Reply ~ ORDERED that respondent shall file a response within twenty (20) days and show cause why the petition should not be granted. Petitioner may file a reply within ten (10) days of service of the response.
|
|
| Docket Date |
2021-01-13
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
| On Behalf Of |
Fenstersheib Law Group, P.A.
|
|
| Docket Date |
2021-01-13
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Writ of Certiorari / Acknowledgment letter
|
|
| Docket Date |
2021-01-11
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2021-01-11
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed ~ **Filing Fee Paid Through Portal**
|
| On Behalf Of |
Fenstersheib Law Group, P.A.
|
|
|
|
BETH ISRAEL OUTPATIENT SURGICAL CENTER, LLC, et al. VS BERNADETTE R. BROTHERTON, et al.
|
4D2020-0173
|
2020-01-17
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE18-025013
|
Parties
| Name |
NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
BETH ISRAEL SURGICAL CENTER
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Medassist Medical
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
NEUROSURGICAL ASSOCIATES PLLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
PREMIER ORTHOPEDIC AND NEUROSURGICAL
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
BETH ISRAEL OUTPATIENT SURGICAL CENTER, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Albert L. Frevola
|
|
| Name |
ORTHOPEDIC & SPINE CENTER OF SOUTH FLORIDA, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
PAIN INSTITUTE AND NEURODIAGNOSTIC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
PALM COAST ANESTHESIA GROUP, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
BERNADETTE R. BROTHERTON
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
George M. Bakalar, THEODORE DISALVO
|
|
| Name |
MONICA LORIE HOLDEN
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HOLDEN CAPRILES, P.A.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
KOGAN & DISALVO, P.A.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
MONICA LORIE HOLDEN, P.A.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Sandra Perlman
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-06-10
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the June 9, 2020 notice of voluntary dismissal, this case is dismissed.
|
|
| Docket Date |
2020-06-10
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2020-06-09
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
Beth Israel Outpatient Surgical Center, LLC
|
|
| Docket Date |
2020-05-21
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, on or before June 1, 2020, why the above-styled case should not be dismissed for lack of timely prosecution, in that appellant's initial brief has not been filed with this court as of this date. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief is filed within this time, the order to show cause will be considered automatically discharged without further order.
|
|
| Docket Date |
2020-04-14
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants’ April 13, 2020 motion for extension of time is granted, and appellants shall serve the initial brief on or before May 10, 2020. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2020-04-13
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
Beth Israel Outpatient Surgical Center, LLC
|
|
| Docket Date |
2020-04-09
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ (496 PAGES)
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2020-03-19
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants’ March 18, 2020 motion for extension of time is granted, and appellants shall serve the initial brief on or before April 25, 2020. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2020-03-18
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
Beth Israel Outpatient Surgical Center, LLC
|
|
| Docket Date |
2020-01-22
|
| 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 |
2020-01-22
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2020-01-22
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Beth Israel Outpatient Surgical Center, LLC
|
|
| Docket Date |
2020-01-17
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Beth Israel Outpatient Surgical Center, LLC
|
|
| Docket Date |
2020-01-17
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
|
BROWARD OUTPATIENT MEDICAL CENTER, LLC, et al. VS FENSTERSHEIB LAW GROUP, P.A., et al.
|
4D2019-3404
|
2019-11-01
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE 19-009436
|
Parties
| Name |
BROWARD OUTPATIENT MEDICAL CENTER, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Tara Ann Campion, Bruce S. Rogow, Mitchell Moore
|
|
| Name |
Broward Outpatient Surgical Center
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
INTRAOPERATIVE MONITORING ASSOCIATES
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
CENTRAL SPINE AND OTHOPEDIC CENTERS, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
BETH ISRAEL OUTPATIENT SURGICAL CENTER, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
PALM COAST ANESTHESIA GROUP, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
GALSTERER ABRAMOWITZ, P.A.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
OPEN MAGNETIC SCANNING, LTD.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
NORTH BROWARD RADIOLOGISTS, P.A.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
North Broward Hospital District
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
North Broward Hospital Dist.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
THE LAW OFFICES OF ROBERT J. FENSTERSHEIB & ASSOCIATES, P.A.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PATH MEDICAL, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CHEVELLE LEGAMI
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
FENSTERSHEIB LAW GROUP, P.A.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Damon Colangelo, Devin P. Tison, Derek Lewis, Edward M. Harvey, Gary S. Gaffney, Jason N. Goldman, Patrick Delong, Albert L. Frevola, Scott Alan Mager, Colin Hayes, Jordan A. Shaw
|
|
| Name |
Broward Health
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
BROWARD HEALTH MEDICAL CENTER
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Broward County Sheriff's Office
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
EQUIAN, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PHOENIX EMERGENCY MEDICINE OF BROWARD, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
BROWARD SHERIFF'S FIRE RESCUE
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
WINSOR IMAGING
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PHOENIX ED MED OF BROWARD, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Sandra Perlman
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-12-11
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2020-12-11
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2020-11-25
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed in Part/Reversed in Part
|
| Description |
Affirmed in Part/Reversed in Part - Authored Opinion
|
|
| Docket Date |
2020-09-08
|
| Type |
Notice
|
| Subtype |
Notice of Change of Address
|
| Description |
Notice of Change of Address
|
| On Behalf Of |
Broward Outpatient Medical Center, LLC
|
|
| Docket Date |
2020-06-15
|
| Type |
Brief
|
| Subtype |
Amended Reply Brief
|
| Description |
Amended Appellant's Reply Brief
|
| On Behalf Of |
Broward Outpatient Medical Center, LLC
|
|
| Docket Date |
2020-06-15
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellants’ June 12, 2020 reply brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that the certificate of service does not comply in substance with the requirements of Florida Rule of Judicial Administration 2.516(f).
|
|
| Docket Date |
2020-06-12
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief ~ **STRICKEN**
|
| On Behalf Of |
Broward Outpatient Medical Center, LLC
|
|
| Docket Date |
2020-05-26
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief
|
| On Behalf Of |
Broward Outpatient Medical Center, LLC
|
|
| Docket Date |
2020-05-26
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 15 DAYS TO 06/12/2020
|
|
| Docket Date |
2020-04-28
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Fenstersheib Law Group, P.A.
|
|
| Docket Date |
2020-04-14
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee's April 8, 2020 amended motion for extension of time is granted, and appellee shall serve the answer brief within twenty (20) days from the current due date. In addition, appellee is notified that the failure to serve the brief within the time provided herein may foreclose appellee's right to file a brief or otherwise participate in this appeal.
|
|
| Docket Date |
2020-04-08
|
| 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 |
Fenstersheib Law Group, P.A.
|
|
| Docket Date |
2020-04-08
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellee’s April 7, 2020 motion is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that the certificate of service does not comply in substance with the requirements of Florida Rule of Judicial Administration 2.516(f).
|
|
| Docket Date |
2020-04-07
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ *STRICKEN*
|
| On Behalf Of |
Fenstersheib Law Group, P.A.
|
|
| Docket Date |
2020-03-10
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee's March 9, 2020 motion for extension of time is granted, and appellee shall serve the answer brief on or before April 8, 2020. In addition, appellee is notified that the failure to serve the brief within the time provided herein may foreclose appellee's right to file a brief or otherwise participate in this appeal.
|
|
| Docket Date |
2020-03-09
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellee’s March 6, 2020 motion is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that the certificate of service does not comply in substance with the requirements of Florida Rule of Judicial Administration 2.516(f).
|
|
| Docket Date |
2020-03-09
|
| 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 |
Fenstersheib Law Group, P.A.
|
|
| Docket Date |
2020-03-06
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ **STRICKEN**
|
| On Behalf Of |
Fenstersheib Law Group, P.A.
|
|
| Docket Date |
2020-02-07
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Broward Outpatient Medical Center, LLC
|
|
| Docket Date |
2020-02-07
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Broward Outpatient Medical Center, LLC
|
|
| Docket Date |
2020-01-16
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Broward Outpatient Medical Center, LLC
|
|
| Docket Date |
2020-01-07
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Broward Outpatient Medical Center, LLC
|
|
| Docket Date |
2020-01-07
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 02/08/2020
|
|
| Docket Date |
2020-01-02
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 460 PAGES (PAGES 1-447)
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2019-11-18
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2019-11-04
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Broward Outpatient Medical Center, LLC
|
|
| Docket Date |
2019-11-04
|
| 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 |
2019-11-04
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2019-11-01
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Broward Outpatient Medical Center, LLC
|
|
| Docket Date |
2019-11-01
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
|
PREMIER ORTHOPEDICS & NEUROSURGICAL, etc., et al. VS ALBERT A. DOMINGUEZ, et al.
|
4D2016-3309
|
2016-09-28
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE15002421 (18)
|
Parties
| Name |
BETH ISRAEL OUTPATIENT SURGICAL CENTER, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Medassist Medical
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
PREMIER ORTHOPEDICS & NEUROSURGICAL
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Steven M. Goldsmith, Mitchell Moore
|
|
| Name |
CHATTANOOGA HEALTH SERVICES, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
PAIN INSTITUTE AND NEURODIAGNOSTIC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
PALM COAST ANESTHESIA GROUP
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
ALBERT A. DOMINGUEZ
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
TOM PENNEKAMP, Michael Austin Robb, ANASTASIOS TOM SPYREDES, Sheena D. Smith
|
|
| Name |
LIGHTHOUSE SEVENTH-DAY CHURCH, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ANTHON C. FRANCIS
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Carlos A. Rodriguez
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2016-12-28
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 103 PAGES
|
|
| Docket Date |
2017-08-02
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2017-08-02
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissal ~ ORDERED sua sponte that the above-styled appeal is dismissed.LEVINE and CONNER, JJ., and LISA SMALL, Associate Judge, concur.
|
|
| Docket Date |
2017-05-09
|
| Type |
Order
|
| Subtype |
Order Dispensing with Oral Argument
|
| Description |
ORD-Dispensing Oral Argument ~ After reviewing the briefs, the court, pursuant to Florida Rule of Appellate Procedure 9.320, has dispensed with oral argument. The case will be submitted to a conference by a panel of the court.
|
|
| Docket Date |
2017-04-12
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
PREMIER ORTHOPEDICS & NEUROSURGICAL
|
|
| Docket Date |
2017-04-12
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
PREMIER ORTHOPEDICS & NEUROSURGICAL
|
|
| Docket Date |
2017-04-05
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order Granting EOT for Appellant's Reply Brief ~ ORDERED that appellants' March 31, 2017 agreed motion for enlargement of time is granted, and appellants shall serve the reply brief within seven (7) days from the date of this order. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
|
| Docket Date |
2017-03-31
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief
|
| On Behalf Of |
PREMIER ORTHOPEDICS & NEUROSURGICAL
|
|
| Docket Date |
2017-03-14
|
| Type |
Brief
|
| Subtype |
Amended Answer Brief
|
| Description |
Amended Appellee's Answer Brief
|
| On Behalf Of |
ALBERT A. DOMINGUEZ
|
|
| Docket Date |
2017-03-10
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken ~ ORDERED that the appellee's answer brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.210 in that the table of contents does not list the issues for review. An amended brief in compliance with the rules shall be filed within ten (10) days from the date of this order. The time for any responsive briefing shall be tolled until service of this amended brief.
|
|
| Docket Date |
2017-03-07
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ **BRIEF STRICKEN 3/10/17**
|
| On Behalf Of |
ALBERT A. DOMINGUEZ
|
|
| Docket Date |
2017-02-15
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
PREMIER ORTHOPEDICS & NEUROSURGICAL
|
|
| Docket Date |
2017-01-13
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants' January 12, 2017 agreed motion for enlargement of time is granted, and appellants shall serve the initial brief on or before February 15, 2017. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2017-01-12
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
PREMIER ORTHOPEDICS & NEUROSURGICAL
|
|
| Docket Date |
2016-12-15
|
| Type |
Order
|
| Subtype |
Order on Motion To Compel
|
| Description |
Order Denying Motion to Compel ~ ORDERED that the appellants' December 9, 2016 motion to compel Circuit Court Clerk, Appellate Division, to compile record on appeal and to submit index within 20 days is denied as moot. The clerk of the lower tribunal shall transmit the record on appeal to this court within thirty (30) days from the date of this order.
|
|
| Docket Date |
2016-12-14
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO 12/13/16 ORDER
|
|
| Docket Date |
2016-12-13
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-To File Response ~ ORDERED that the lower tribunal clerk is directed to respond, within three (3) days from the date of this order, to appellant's December 9, 2016 motion to compel.
|
|
| Docket Date |
2016-12-09
|
| Type |
Motions Other
|
| Subtype |
Motion To Compel
|
| Description |
Motion To Compel ~ CIRCUIT COURT CLERK TO COMPILE RECORD ON APPEAL AND TO SUBMIT INDEX.
|
| On Behalf Of |
PREMIER ORTHOPEDICS & NEUROSURGICAL
|
|
| Docket Date |
2016-11-08
|
| Type |
Order
|
| Subtype |
Order Reclassifying Case
|
| Description |
ORD-Non-Final Appeal Treated as Final ~ ORDERED that upon consideration of appellants' October 31, 2016 response, this court's October 24, 2016 order to show cause is discharged; further, ORDERED that appellant's November 1, 2016 motion to convert interlocutory appeal to final appeal is granted. This court determines that this appeal seeks review of final orders, rather than non-final orders, pursuant to Florida Rule of Appellate Procedure 9.110; further, ORDERED that appellant's November 1, 2016 unopposed motion to instruct the clerk of the court to file record-on-appeal and to enlarge the time to do so for twenty (20) days is granted. The clerk of the circuit court shall file the record on appeal in this case pursuant to Florida Rule of Appellate Procedure 9.200. Further, the time for the clerk of the circuit court to prepare the record on appeal and serve the index to the record is extended twenty (20) days from the date of this order. All other time frames are extended accordingly. See Fla. R. App. P. 9.300(b).
|
|
| Docket Date |
2016-11-03
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ SECOND SUPPLEMENT TO MOTION TO CONVERT INTERLOCUTORY APPEAL TO FINAL APPEAL
|
| On Behalf Of |
PREMIER ORTHOPEDICS & NEUROSURGICAL
|
|
| Docket Date |
2016-11-02
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ SUPPLEMENT TO MOTION TO CONVERT INTERLOCUTORY APPEAL TO FINAL APPEAL
|
| On Behalf Of |
PREMIER ORTHOPEDICS & NEUROSURGICAL
|
|
| Docket Date |
2016-11-01
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ TO INSTRUCT CLERK OF THE COURT TO FILE RECORD-ON-APPEAL AND TO ENLARGE THE TIME TO DO SO
|
| On Behalf Of |
PREMIER ORTHOPEDICS & NEUROSURGICAL
|
|
| Docket Date |
2016-10-31
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
PREMIER ORTHOPEDICS & NEUROSURGICAL
|
|
| Docket Date |
2016-10-24
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief/Apdx ~ **OTSC DISCHARGED 11/8/16**ORDERED that appellants in the above-styled case are directed to show cause in writing, if any there be, within ten (10) days from the date of the entry of this order, why the above-styled case should not be dismissed for lack of timely prosecution, in that the appellants' initial brief and appendix have not been filed with this court as of this date, pursuant to Florida Rule of Appellate Procedure 9.130(e). Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief and appendix are filed within this time, the order to show cause will be considered automatically discharged without further order.
|
|
| Docket Date |
2016-10-20
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal ~ (CERT. COPY; FILED 10/18/16)
|
|
| Docket Date |
2016-10-05
|
| Type |
Misc. Events
|
| Subtype |
Order Appealed
|
| Description |
**DNU** order appealed ~ "NOTICE OF FILING CONFORMED ORDERS"
|
|
| Docket Date |
2016-10-05
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
PREMIER ORTHOPEDICS & NEUROSURGICAL
|
|
| Docket Date |
2016-09-30
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| Description |
Appellant to File Order Appealed-Civil ~ ORDERED that appellant is directed to file, within fifteen (15) days from the date of this order, legible copies of the orders being appealed. See Florida Rule of Appellate Procedure 9.110(d). This copy must contain a legible stamp from the clerk of the lower tribunal, showing the date and time the order being appealed was filed in that office.
|
|
| Docket Date |
2016-09-30
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2016-09-28
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
PREMIER ORTHOPEDICS & NEUROSURGICAL
|
|
| Docket Date |
2016-09-28
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
