| Docket Date |
2022-05-06
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2022-05-06
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2022-04-20
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed - Per Curiam Opinion ~ ON CONFESSION OF ERROR
|
|
| Docket Date |
2022-04-01
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO APPELLEE'S AMENDED CONFESSION OF ERROR
|
| On Behalf Of |
Orthopedic & Spine Injuries, LLC
|
|
| Docket Date |
2022-03-23
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Orthopedic & Spine Injuries, LLC
|
|
| Docket Date |
2022-03-22
|
| Type |
Notice
|
| Subtype |
Concession/Confession of Error
|
| Description |
Confession of Error ~ AMENDED CONFESSION OF ERROR AND MOTION TO REMAND
|
| On Behalf Of |
State Farm Mutual Automobile Insurance Company
|
|
| Docket Date |
2022-03-07
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Orthopedic & Spine Injuries, LLC
|
|
| Docket Date |
2022-03-07
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 04/17/2022
|
|
| Docket Date |
2022-02-01
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED that, upon consideration of the appellant’s January 31, 2022 response to the confession of error, the case shall proceed with briefing.
|
|
| Docket Date |
2022-01-31
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Orthopedic & Spine Injuries, LLC
|
|
| Docket Date |
2022-01-14
|
| Type |
Notice
|
| Subtype |
Concession/Confession of Error
|
| Description |
Confession of Error ~ AND MOTION TO REMAND
|
| On Behalf Of |
State Farm Mutual Automobile Insurance Company
|
|
| Docket Date |
2022-01-07
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Orthopedic & Spine Injuries, LLC
|
|
| Docket Date |
2022-01-07
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 60 DAYS TO 03/18/2022
|
|
| Docket Date |
2021-12-15
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 221 PAGES (PAGES 1-208)
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2021-12-13
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Orthopedic & Spine Injuries, LLC
|
|
| Docket Date |
2021-12-10
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order for Status Report Re: ROA ~ Upon consideration of the affidavit filed by the clerk of the lower tribunal on December 2, 2021, it is ORDERED that appellant shall file a report, within five (5) days from the date of this order, as to the status of the payment for and preparation of the record on appeal.
|
|
| Docket Date |
2021-12-02
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2021-11-12
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
State Farm Mutual Automobile Insurance Company
|
|
| Docket Date |
2021-11-10
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellant's November 9, 2021 notice 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 General Practice and Judicial Administration 2.516(f).
|
|
| Docket Date |
2021-11-10
|
| Type |
Notice
|
| Subtype |
Notice of Designation of E-mail Address
|
| Description |
Notice of Primary E-Mail Address ~ AMENDED
|
| On Behalf Of |
Orthopedic & Spine Injuries, LLC
|
|
| Docket Date |
2021-11-09
|
| Type |
Notice
|
| Subtype |
Notice of Designation of E-mail Address
|
| Description |
Notice of Primary E-Mail Address ~ **STRICKEN**
|
| On Behalf Of |
Orthopedic & Spine Injuries, LLC
|
|
| Docket Date |
2021-11-09
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2021-11-09
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Orthopedic & Spine Injuries, LLC
|
|
| Docket Date |
2022-04-20
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney Fees-Prevailing ~ ORDERED that appellant’s March 23, 2022 motion for appellate attorney's fees is granted conditioned on the trial court determining that appellant is the prevailing party 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 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. Further,ORDERED that the motion for costs filed by John C. Daly is denied without prejudice to seek costs in the trial court.
|
|
| Docket Date |
2022-04-01
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellant to File Response ~ On March 22, 2022, Appellee filed an amended confession of error on the basis that the county court: (1) failed to give Appellant notice or the opportunity to be heard before dismissing the action; and (2) improperly required the submission of a motion for summary judgment when both parties had requested a jury trial. In the amended confession of error, Appellee also represented that “[d]efense counsel has conferred with opposing counsel and is authorized to represent to the Court that [Appellant] agrees that this Amended Confession addresses the two issues on appeal.” Notwithstanding the amended confession of error, there is currently a pending notice of agreed extension of time to file the initial brief, which this Court treats as a motion for extension of time. ORDERED that Appellant shall have five (5) days from the date of this order to file a response to the amended confession of error and confirm that: (1) the amended confession of error addresses the only two issues Appellant intended to raise on appeal; and (2) Appellant does not intend to file an initial brief in light of the amended confession of error. If no response is filed, this Court will dispose of the appeal in accordance with the amended confession of error.
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|
| Docket Date |
2022-01-28
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellant to File Response ~ On November 9, 2021, Appellant filed a notice of appeal from a final order dismissing its action for unpaid PIP benefits. The county court dismissed the action as a sanction for appellant’s failure to comply with a previous order. On January 14, 2022, appellee filed a confession of error in this case, agreeing that the county court erred by dismissing the action as a sanction without giving prior notice or the opportunity to be heard. Appellant has yet to file an initial brief in this case. ORDERED that appellant shall have five (5) days from the date of this order to file a response to the confession of error and confirm that the only issue on appeal is whether the county court erred by dismissing the action as a sanction without giving prior notice or the opportunity to be heard. If no response is filed, this Court will dispose of the appeal in accordance with the confession of error.
|
|
| Docket Date |
2021-11-09
|
| 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, 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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