| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE 17-007566
|
Parties
| Name |
ERNIE F. SOTO, DDS
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
ERNIE F. SOTO, DDS, P.A.
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
DANIEL J. KOLEOS, Roberta G. Mandel
|
|
| Name |
DR. ERNIE F SOTO, P.A.
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
SOLOMON ACQUISTIONS COMPANY, LLC.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
DENTAL & SEDATION GROUP, LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
CHRISTOPHER TODD MARKS, LAURA H HOWARD, STANFORD R. SOLOMON, JOHN ANDREW BALDWIN
|
|
| Name |
Hon. Martin J. Bidwill
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-03-27
|
| Type |
Disposition by Order
|
| Subtype |
Granted
|
| Description |
Order-Original Proceeding Granted ~ ORDERED that, having considered the response and reply to this Court’s February 15, 2018 order to show cause, the petition for writ of certiorari is granted in part. Petitioner Soto has demonstrated that the trial court departed from the essential requirements of law in permitting discovery of his personal banking information, which he has shown to be irrelevant to any issue in the litigation. See Elsner v. E-Commerce Coffee Club, 126 So. 3d 1261, 1263 (Fla. 4th DCA 2013). The trial court’s discovery order is quashed solely to the extent that request number 9 permits discovery of petitioner Soto’s personal banking information. This order is without prejudice for the respondent to make a sufficient showing in the trial court that such records are relevant to an issue in the litigation.WARNER, MAY and KUNTZ, JJ., concur.
|
|
| Docket Date |
2018-03-27
|
| Type |
Disposition
|
| Subtype |
Granted in Part/Denied in Part
|
| Description |
Granted in Part/Denied in Part - Order by Judge
|
|
| Docket Date |
2018-03-27
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Deny Attorney's Fees ~ ORDERED that the respondent's February 13, 2018 motion for attorney's fees is denied.
|
|
| Docket Date |
2018-03-19
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
ERNIE F. SOTO, DDS, P.A.
|
|
| Docket Date |
2018-03-19
|
| Type |
Response
|
| Subtype |
Reply
|
| Description |
Reply
|
| On Behalf Of |
ERNIE F. SOTO, DDS, P.A.
|
|
| Docket Date |
2018-03-08
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that the appellee's appendix to the March 7, 2018 response to petition for writ of certiorari is stricken as not in compliance with Florida Rule of Appellate Procedure 9.220(c), which was amended effective October 1, 2017, in that it was not consecutively paginated, beginning with the cover sheet as page 1, and was not fully text searchable. An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2018-03-08
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
DENTAL & SEDATION GROUP, LLC
|
|
| Docket Date |
2018-03-07
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
DENTAL & SEDATION GROUP, LLC
|
|
| Docket Date |
2018-03-07
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
DENTAL & SEDATION GROUP, LLC
|
|
| Docket Date |
2018-02-15
|
| Type |
Order
|
| Subtype |
Show Cause re Petition
|
| Description |
ORD-Writs Show Cause with Reply ~ ORDERED that, within twenty (20) days of this order respondent shall file a response to the petition for writ of certiorari and show cause why the relief requested should not be granted as to request for production number 9 to the extent it seeks discovery of irrelevant personal banking information. Petitioner may file a reply within ten (10) days thereafter.
|
|
| Docket Date |
2018-02-13
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
DENTAL & SEDATION GROUP, LLC
|
|
| Docket Date |
2018-02-12
|
| Type |
Response
|
| Subtype |
Reply
|
| Description |
Reply ~ ***STRICKEN AS UNAUTHORIZED****
|
| On Behalf Of |
DENTAL & SEDATION GROUP, LLC
|
|
| Docket Date |
2018-02-08
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause
|
| On Behalf Of |
ERNIE F. SOTO, DDS, P.A.
|
|
| Docket Date |
2018-01-30
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Order Denying Stay ~ ORDERED that petitioner's January 11, 2018 motion to stay is denied without prejudice to comply with the procedures in Florida Rule of Appellate Procedure 9.310; see Sunbeam Television Corp. v. Clear Channel Metroplex, Inc., 117 So. 3d 772 (Fla. 3d DCA 2012).
|
|
| Docket Date |
2018-01-25
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response ~ (AMENDED)
|
| On Behalf Of |
DENTAL & SEDATION GROUP, LLC
|
|
| Docket Date |
2018-01-24
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that the respondent's appendix to the response in opposition to petitioners’ motion to stay is stricken as not in compliance with Florida Rule of Appellate Procedure 9.220(c), which was amended effective October 1, 2017, in that it was not properly indexed and consecutively paginated, beginning with the cover sheet as page 1, was not text searchable, was not paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index, and was not bookmarked in compliance with Rule 9.220(c)(3). An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2018-01-23
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response ~ ***STRICKEN***
|
| On Behalf Of |
DENTAL & SEDATION GROUP, LLC
|
|
| Docket Date |
2018-01-19
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ IN OPPOSITION TO PETITIONERS' EMERGENCY MOTION TO STAY
|
| On Behalf Of |
DENTAL & SEDATION GROUP, LLC
|
|
| Docket Date |
2018-01-16
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition ~ **AMENDED**
|
| On Behalf Of |
ERNIE F. SOTO, DDS, P.A.
|
|
| Docket Date |
2018-01-12
|
| Type |
Order
|
| Subtype |
Order on Request for Emergency Treatment
|
| Description |
Denying Request for Emergency Treatment ~ ORDERED that the petitioner's January 12, 2018 request for emergency treatment is denied. The court will handle the filing in the normal course of business. No motion for rehearing as to this order will be entertained.
|
|
| Docket Date |
2018-01-12
|
| Type |
Motions Other
|
| Subtype |
Request for Emergency Treatment
|
| Description |
Request for Emergency Treatment
|
| On Behalf Of |
ERNIE F. SOTO, DDS, P.A.
|
|
| Docket Date |
2018-01-12
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Clarification
|
| Description |
Motion for Clarification
|
| On Behalf Of |
ERNIE F. SOTO, DDS, P.A.
|
|
| Docket Date |
2018-01-12
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Writ of Certiorari / Acknowledgment letter
|
|
| Docket Date |
2018-01-11
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed
|
| On Behalf Of |
ERNIE F. SOTO, DDS, P.A.
|
|
| Docket Date |
2018-01-11
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition ~ ***STRICKEN***
|
| On Behalf Of |
ERNIE F. SOTO, DDS, P.A.
|
|
| Docket Date |
2018-01-11
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2018-01-11
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay
|
| On Behalf Of |
ERNIE F. SOTO, DDS, P.A.
|
|
|
