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JOSEPH PETRI, Appellant(s) v. INFINITY BEHAVIORAL HEALTH SERVICES, LLC, et al., Appellee(s).
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4D2023-1759
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2023-07-21
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Closed
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| Classification |
NOA Final - Circuit Civil - Other
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| Court |
4th District Court of Appeal
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| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE17-006312
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Parties
| Name |
ADVANCED DIAGNOSTIC LABORATORY SERVICES, LLC
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| Role |
Appellee
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| Status |
Active
|
|
| Name |
Peter Walstrom
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
DELRAY RECOVERY CENTER, LLC
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| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ALTERNATIVES IN TREATMENT, LLC
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| Role |
Appellee
|
| Status |
Active
|
|
| Name |
BLUE DOG HOLDINGS, LLC
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| Role |
Appellee
|
| Status |
Active
|
|
| Name |
INFINITY BEHAVIORAL HEALTH SERVICES, LLC
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| Role |
Appellee
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| Status |
Active
|
| Representations |
Havan M. Clark, Christopher William Kammerer, John M. Mullin, Ryan H. Lehrer
|
|
| Name |
Hon. Jack B. Tuter
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
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| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Joseph Petri
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Lorenz Michel Pruss, Elliot B. Kula, David A. Rothstein, Eshaba Jahir-Sharuz
|
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Docket Entries
| Docket Date |
2023-09-14
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| Type |
Disposition by Order
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| Subtype |
Dismissed
|
| Description |
Dismissed
|
| View |
View File
|
|
| Docket Date |
2023-09-13
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| Type |
Motions Other
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| Subtype |
Motion/Notice Voluntary Dismissal
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| Description |
Motion/Notice Voluntary Dismissal **AMENDED**
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| On Behalf Of |
Joseph Petri
|
|
| Docket Date |
2023-07-21
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
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| On Behalf Of |
Joseph Petri
|
|
| Docket Date |
2023-07-21
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| Type |
Notice
|
| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal Filed
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| On Behalf Of |
Joseph Petri
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|
| Docket Date |
2023-07-21
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
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|
| Docket Date |
2023-09-11
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| Type |
Motions Other
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| Subtype |
Motion/Notice Voluntary Dismissal
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| Description |
Motion/Notice Voluntary Dismissal (JOINT STIPULATION FOR DISMISSAL) **AMENDED MOTION FILED**
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| On Behalf Of |
Joseph Petri
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| Docket Date |
2023-07-31
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| Type |
Order
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| Subtype |
Order Reclassifying Case
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| Description |
ORD-Non-Final Appeal Treated as Final ~ ORDERED sua sponte that the court determines that this appeal seeks review of a final order, rather than a non-final order. Appellant may file directions to the clerk under Florida Rule of Appellate Procedure 9.200(a)(3) within ten (10) days from the date of this order, and appellee may file directions for additional documents and exhibits within ten (10) days after the appellant’s filing of directions to the clerk. The times for preparing the record on appeal, serving the index to the record on appeal, and for service of briefs are extended correspondingly.
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| Docket Date |
2023-07-21
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| 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.
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JOSEPH PETRI , Appellant(s) v. INFINITY BEHAVIORAL HEALTH SERVICES, LLC, et al., Appellee(s).
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4D2023-0167
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2023-01-17
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Closed
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|
| Classification |
NOA Final - Circuit Civil - Other
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| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE17-006312
|
Parties
| Name |
Joseph Petri
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Elliot Burt Kula, Lorenz Michel Pruss, David A. Rothstein, Eshaba Jahir-Sharuz
|
|
| Name |
INFINITY BEHAVIORAL HEALTH SERVICES, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Havan M. Clark, Ryan H. Lehrer, John M. Mullin, Christopher William Kammerer
|
|
| Name |
ADVANCED DIAGNOSTIC LABORATORY SERVICES, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ALTERNATIVES IN TREATMENT, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Peter Walstrom
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
DELRAY RECOVERY CENTER, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
BLUE DOG HOLDINGS, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Adam Todd Rabin
|
|
| Name |
Hon. Jack B. Tuter
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-09-14
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Dismissed
|
| View |
View File
|
|
| Docket Date |
2023-06-20
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| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
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| Description |
ORD-Initial Brief to be Served ~ ORDERED that appellant's June 16, 2023 motion for extension of time is granted, and appellant shall serve the initial brief within ten (10) days from the current due date. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case will be subject to dismissal or the court in its discretion may impose other sanctions. Appellant is advised that no further extensions will be granted absent a detailed explanation for why the initial brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant. Attorney workload does not constitute extraordinary circumstances which justifies a further extension of time.
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| Docket Date |
2023-01-17
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| 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.
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| Docket Date |
2023-09-13
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| Type |
Motions Other
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| Subtype |
Motion/Notice Voluntary Dismissal
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| Description |
Motion/Notice Voluntary Dismissal (AMENDED)
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| On Behalf Of |
Joseph Petri
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|
| Docket Date |
2023-09-11
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| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Motion/Notice Voluntary Dismissal **AMENDED MOTION FILED**
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| On Behalf Of |
Joseph Petri
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|
| Docket Date |
2023-07-31
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| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
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| Description |
Recognizing Agreed Extension of Time ~ 60 DAYS TO 10/3/23.
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|
| Docket Date |
2023-07-31
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| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
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| On Behalf Of |
Infinity Behavioral Health Services, LLC
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|
| Docket Date |
2023-07-05
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| Type |
Brief
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| Subtype |
Initial Brief
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| Description |
Initial Brief on Merits
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| On Behalf Of |
Joseph Petri
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|
| Docket Date |
2023-06-16
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
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| On Behalf Of |
Joseph Petri
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|
| Docket Date |
2023-03-16
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| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
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| Description |
Notice of Agreed Extension - Initial Brief
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| On Behalf Of |
Joseph Petri
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|
| Docket Date |
2023-03-16
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| Type |
Order
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| Subtype |
Order on Agreed Extension of Time
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| Description |
Recognizing Agreed Extension of Time ~ 90 DAYS TO 6/26/23.
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|
| Docket Date |
2023-03-14
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| Type |
Record
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| Subtype |
Transcript
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| Description |
Transcript Received ~ (486 PAGES)
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| On Behalf Of |
Clerk - Broward
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|
| Docket Date |
2023-01-24
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| Type |
Misc. Events
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| Subtype |
Case Filing Fee Paid through Portal
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| Description |
Case Filing Fee Paid Through Portal
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| On Behalf Of |
Joseph Petri
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|
| Docket Date |
2023-01-17
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| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2023-01-17
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| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Joseph Petri
|
|
| Docket Date |
2023-01-17
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
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JOSEPH PETRI VS INFINITY BEHAVIORAL HEALTH SERVICES, LLC, et al.
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4D2021-1426
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2021-04-26
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Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
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| Court |
4th District Court of Appeal
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| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE17-006312
|
Parties
Docket Entries
| Docket Date |
2021-06-07
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-Denying Rehearing ~ Upon consideration of appellee's June 1, 2021 response, it is ORDERED that appellant's May 26, 2021 motion for rehearing is denied.
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| Docket Date |
2021-06-01
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| Type |
Response
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| Subtype |
Response
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| Description |
Response ~ IN OPPOSITION TO APPELLANT'S MOTION FOR REHEARING
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| On Behalf Of |
Infinity Behavioral Health Services, LLC
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| Docket Date |
2021-05-26
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| Type |
Post-Disposition Motions
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| Subtype |
Motion for Rehearing
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| Description |
Motion For Rehearing ~ OR IN THE ALTERNATIVE, MOTION FOR TEMPORARY RELINQUISHMENT OF JURISDICTION TO ALLOW THE TRIAL COURT TO CLARIFY THE NATURE OF THE ORDER ON APPEAL
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| On Behalf Of |
Joseph Petri
|
|
| Docket Date |
2021-05-17
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| Type |
Disposition
|
| Subtype |
Dismissed
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| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2021-05-17
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORD-Granting Aplee's Motion to Dismiss ~ Upon consideration of appellant’s May 12, 2021 response, it is ORDERED that appellee’s May 10, 2021 motion to dismiss is granted, and the above-styled appeal is dismissed for lack of jurisdiction. The language of the order being appealed reflects that appellee was not granted entitlement to immediate possession of property, but rather that appellant has not met its burden on summary judgment to defeat affirmative defenses regarding advancement and “before appellant can obtain summary judgment against Blue Dog for advancement,” appellant, “must either disprove the defenses raised by Blue Dog as to advancement or establish the legal insufficiency of the defense.” Order at p. 7-8. See Alejandre v. Deutsche Bank Trust Co. Americas, 44 So. 3d 1288, 1289 (Fla. 4th DCA 2010) (“When a party raises affirmative defenses, a summary judgment should not be granted where there are issues of fact raised by the affirmative defenses which have not been effectively factually challenged and refuted.”).WARNER, DAMOORGIAN and CIKLIN, JJ., concur.
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|
| Docket Date |
2021-05-13
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| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO MOTION TO DISMISS
|
| On Behalf Of |
Infinity Behavioral Health Services, LLC
|
|
| Docket Date |
2021-05-12
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| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO APPELLEE'S MOTION TO DISMISS
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| On Behalf Of |
Joseph Petri
|
|
| Docket Date |
2021-05-12
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| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
Joseph Petri
|
|
| Docket Date |
2021-05-10
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
Infinity Behavioral Health Services, LLC
|
|
| Docket Date |
2021-04-26
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Joseph Petri
|
|
| Docket Date |
2021-04-26
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| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Joseph Petri
|
|
| Docket Date |
2021-04-26
|
| 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.
|
|
| Docket Date |
2021-04-26
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
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