|
ADOLFO GONZALEZ-GARCIA, M.D., et al. VS RODOLFO VARGAS CHAVEZ, et al.
|
4D2019-2292
|
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
CACE 18001011 (25)
|
Parties
| Name |
PHOENIX OBSTETRICS GYNECOLOGY, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
KEI NAKANISHI, M.D.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
JULIO COELLO, M.D.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
JORGE GALLO, M.D.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
ADOLFO GONZALEZ-GARCIA, M.D.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Brigid Finerty Cech Samole, William V. Carcioppolo, Elliot H. Scherker, Katherine Marie Clemente
|
|
| Name |
ESTRELLA JACOB
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
OCTAVIO VARGAS LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
RODOLFO VARGAS CHAVEZ
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
CARLOS A. VELASQUEZ, Daniel Harwin, RUSSELL SCHELL
|
|
| Name |
LILLIAN DALEYZA VARGAS
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ENVISION HEALTHCARE CORP.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
EMCARE, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
KARLA ARANDA
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
THE ESTATE OF LILIA TORRES
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Carol-Lisa Phillips
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2222-08-12
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ **CASES 19-1611 AND 19-2292 ARE CONSOLIDATED AND SHALL PROCEED UNDER CASE 19-1611. SEE 08/12/2019 ORDER.**
|
|
| Docket Date |
2019-09-27
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2019-09-27
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
ADOLFO GONZALEZ-GARCIA, M.D.
|
|
| Docket Date |
2019-09-27
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the September 27, 2019 notice of voluntary dismissal, the above case numbers are dismissed.
|
|
| Docket Date |
2019-09-05
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
ADOLFO GONZALEZ-GARCIA, M.D.
|
|
| Docket Date |
2019-08-12
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORD-Granting Consolidation ~ ORDERED that appellants’ July 23, 2019 motion to consolidate is granted, and the above-styled case numbers are now consolidated 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 4D19-1611. Appellants shall file a single initial brief addressing the issues of both appeals.
|
|
| Docket Date |
2019-07-23
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate
|
| On Behalf Of |
ADOLFO GONZALEZ-GARCIA, M.D.
|
|
| 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 |
2019-07-22
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2019-07-19
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
ADOLFO GONZALEZ-GARCIA, M.D.
|
|
| Docket Date |
2019-07-19
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
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ADOLFO GONZALEZ-GARCIA, M.D., et al. VS RODOLFO VARGAS CHAVEZ, et al.
|
4D2019-1611
|
2019-06-03
|
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 18001011
|
Parties
| Name |
KEI NAKANISHI, M.D.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
JORGE GALLO, M.D.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
PHOENIX OBSTETRICS GYNECOLOGY, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
JULIO COELLO, M.D.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
ADOLFO GONZALEZ-GARCIA, M.D.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Elliot H. Scherker, Katherine Marie Clemente, Brigid Finerty Cech Samole, William V. Carcioppolo
|
|
| Name |
ENVISION HEALTHCARE CORP.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
KARLA ARANDA
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
EMCARE, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
OCTAVIO VARGAS LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
THE ESTATE OF LILIA TORRES
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ESTRELLA JACOB
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
LILIAN DALEYZA VARGAS
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
RODOLFO VARGAS CHAVEZ
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
CARLOS A. VELASQUEZ, RUSSELL SCHELL, Daniel Harwin, James Curtis Blecke
|
|
| Name |
Hon. Carol-Lisa Phillips
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2222-08-12
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ **CASES 19-1611 AND 19-2292 ARE CONSOLIDATED AND SHALL PROCEED UNDER CASE 19-1611. SEE 08/12/2019 ORDER.**
|
|
| Docket Date |
2019-09-27
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2019-09-27
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
ADOLFO GONZALEZ-GARCIA, M.D.
|
|
| Docket Date |
2019-09-27
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the September 27, 2019 notice of voluntary dismissal, the above case numbers are dismissed.
|
|
| Docket Date |
2019-09-05
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
ADOLFO GONZALEZ-GARCIA, M.D.
|
|
| Docket Date |
2019-09-05
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 10/11/2019
|
|
| Docket Date |
2019-08-12
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORD-Granting Consolidation ~ ORDERED that appellants’ July 23, 2019 motion to consolidate is granted, and the above-styled case numbers are now consolidated 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 4D19-1611. Appellants shall file a single initial brief addressing the issues of both appeals.
|
|
| Docket Date |
2019-07-25
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 1086 PAGES (PAGES 1-1058)
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2019-07-23
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate
|
| On Behalf Of |
ADOLFO GONZALEZ-GARCIA, M.D.
|
|
| Docket Date |
2019-07-11
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2019-07-08
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Upon consideration of appellants’ July 3, 2019 status report, it is ORDERED that the stay entered by this court’s June 4, 2019 order is continued until the circuit court disposes of the motion for new trial and appellants file a copy of the order in this court. On that date, the stay will be automatically lifted, and the briefing schedule shall run from that date. See Fla. R. App. P. 9.020(h)(2)(C). If the trial court has not entered an order disposing of the motion within thirty (30) days from the date of this order, appellants shall file a status report with this court as to the progress being made towards disposition of the motion.
|
|
| Docket Date |
2019-07-08
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ (AMENDED)
|
| On Behalf Of |
ADOLFO GONZALEZ-GARCIA, M.D.
|
|
| Docket Date |
2019-07-03
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
ADOLFO GONZALEZ-GARCIA, M.D.
|
|
| Docket Date |
2019-06-04
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2019-06-04
|
| 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 |
2019-06-03
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
ADOLFO GONZALEZ-GARCIA, M.D.
|
|
| Docket Date |
2019-06-03
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
