Entity Name: | FLORIDA SPINE AND JOINT INSTITUTE, LLC |
Jurisdiction: | FLORIDA |
Filing Type: | Florida Limited Liability Company |
Status: | Active |
Date Filed: | 12 Feb 2013 (12 years ago) |
Last Event: | LC AMENDMENT |
Event Date Filed: | 27 Feb 2023 (2 years ago) |
Document Number: | L13000022869 |
FEI/EIN Number | 46-2062707 |
Mail Address: | 1885 Marina Mile Blvd, Suite 103, Ft Lauderdale, FL 33315 |
Address: | 6782 W SUNRISE BLVD, PLANTATION, FL 33313 UN |
Place of Formation: | FLORIDA |
NPI | Enumeration Date | Last Update Date | Mailing Address | Practice Location Address | |||||||||||||||||
---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
1083955389 | 2013-03-12 | 2013-03-12 | 3333 S CONGRESS AVE, 400, DELRAY BEACH, FL, 334457308, US | 1600 S FEDERAL HWY, 10TH FLOOR, POMPANO BEACH, FL, 330627500, US | |||||||||||||||||
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Phone | +1 954-941-8889 |
Authorized person
Name | DANNY FEDER |
Role | PRESIDENT |
Phone | 9549418889 |
Taxonomy
Taxonomy Code | 261QM1300X - Multi-Specialty Clinic/Center |
License Number | CH8093 |
State | FL |
Is Primary | Yes |
Plan Name | Plan Year | EIN/PN | Received | Sponsor | Total number of participants | |||||||||||||
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FLORIDA SPINE AND JOINT INSTITUTE 401(K) PLAN | 2017 | 462062707 | 2018-12-06 | FLORIDA SPINE AND JOINT INSTITUTE, LLC | 19 | |||||||||||||
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FLORIDA SPINE AND JOINT INSTITUTE 401(K) PLAN | 2017 | 462062707 | 2018-07-11 | FLORIDA SPINE AND JOINT INSTITUTE, LLC | 14 | |||||||||||||
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FLORIDA SPINE AND JOINT INSTITUTE 401(K) PLAN | 2016 | 462062707 | 2017-05-30 | FLORIDA SPINE AND JOINT INSTITUTE, LLC | 15 | |||||||||||||
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FLORIDA SPINE AND JOINT INSTITUTE 401(K) PLAN | 2015 | 462062707 | 2016-08-29 | FLORIDA SPINE AND JOINT INSTITUTE, LLC | 8 | |||||||||||||
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Name | Role | Address |
---|---|---|
Lira, Lauren | Agent | 6782 W Sunrise Blvd, PLANTATION, FL 33313 |
Name | Role | Address |
---|---|---|
Lira, Lauren | Chief Operating Officer | 6782 W SUNRISE BLVD, PLANTATION, FL 33313 |
Name | Role |
---|---|
TCFII SPINE LLC | Authorized Member |
Registration Number | Fictitious Name | Status | Filed Date | Expiration Date | Cancellation Date | Mailing Address |
---|---|---|---|---|---|---|
G19000061090 | IRISE SPINE AND JOINT INSTITUTE | EXPIRED | 2019-05-23 | 2024-12-31 | No data | 2385 NW EXECUTIVE CENTER DRIVE STE 450, BOCA RATON, FL, 33431 |
G18000067199 | FLORIDA SPINE AND JOINT INSTITUTE OF KENDALL | EXPIRED | 2018-06-13 | 2023-12-31 | No data | 6001 BROKEN SOUND PARKWAY NW, STE 630, BOCA RATON, FL, 33487 |
G18000067201 | FLORIDA SPINE AND JOINT INSTITUTE OF DELRAY | EXPIRED | 2018-06-13 | 2023-12-31 | No data | 6001 BROKEN SOUND PARKWAY NW, STE 630, BOCA RATON, FL, 33487 |
G18000067202 | FLORIDA SPINE AND JOINT INSTITUTE OF NORTH MIAMI | EXPIRED | 2018-06-13 | 2023-12-31 | No data | 6001 BROKEN SOUND PARKWAY NW, STE 630, BOCA RATON, FL, 33487 |
G18000067203 | FLORIDA SPINE AND JOINT INSTITUTE OF POMPANO | EXPIRED | 2018-06-13 | 2023-12-31 | No data | 6001 BROKEN SOUND PARKWAY NW, STE 630, BOCA RATON, FL, 33487 |
G18000067204 | FLORIDA SPINE AND JOINT INSTITUTE OF WEST BROWARD | EXPIRED | 2018-06-13 | 2023-12-31 | No data | 6001 BROKEN SOUND PARKWAY NW, STE 630, BOCA RATON, FL, 33487 |
G18000067205 | FLORIDA SPINE AND JOINT INSTITUTE OF WEST DADE | EXPIRED | 2018-06-13 | 2023-12-31 | No data | 6001 BROKEN SOUND PARKWAY NW, STE 630, BOCA RATON, FL, 33487 |
G18000067206 | FLORIDA SPINE AND JOINT INSTITUTE OF WEST HOLLYWOOD | EXPIRED | 2018-06-13 | 2023-12-31 | No data | 6001 BROKEN SOUND PARKWAY NW, STE 630, BOCA RATON, FL, 33487 |
G18000067198 | FLORIDA SPINE AND JOINT INSTITUTE OF HIALEAH | EXPIRED | 2018-06-13 | 2023-12-31 | No data | 6001 BROKEN SOUND PARKWAY NW, STE 630, BOCA RATON, FL, 33487 |
G18000067200 | FLORIDA SPINE AND JOINT INSTITUTE OF MARGATE | EXPIRED | 2018-06-13 | 2023-12-31 | No data | 6001 BROKEN SOUND PARKWAY NW, STE 630, BOCA RATON, FL, 33487 |
Event Type | Filed Date | Value | Description |
---|---|---|---|
REGISTERED AGENT NAME CHANGED | 2024-06-28 | Lira, Lauren | No data |
REGISTERED AGENT ADDRESS CHANGED | 2024-04-22 | 6782 W Sunrise Blvd, PLANTATION, FL 33313 | No data |
LC AMENDMENT | 2023-02-27 | No data | No data |
CHANGE OF MAILING ADDRESS | 2023-01-04 | 6782 W SUNRISE BLVD, PLANTATION, FL 33313 UN | No data |
LC AMENDMENT | 2022-09-02 | No data | No data |
CHANGE OF PRINCIPAL ADDRESS | 2022-09-02 | 6782 W SUNRISE BLVD, PLANTATION, FL 33313 UN | No data |
LC STMNT OF RA/RO CHG | 2022-02-17 | No data | No data |
LC AMENDMENT | 2019-01-11 | No data | No data |
MERGER | 2018-05-30 | No data | CORPORATION WAS A MERGER RESULT. TOTAL NUMBER OF QUALIFIED CORPORATION(S) INVOLVED WAS 1. MERGER NUMBER 700000182367 |
LC AMENDED AND RESTATED ARTICLES | 2018-05-24 | No data | No data |
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GEICO GENERAL INSURANCE COMPANY VS FLORIDA SPINE AND JOINT INSTITUTE, LLC a/a/o DIANA DUBIN | 4D2022-0191 | 2022-01-19 | Closed | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Name | GEICO GENERAL INSURANCE COMPANY |
Role | Appellant |
Status | Active |
Representations | Drew Andrew Krieger, Salvatore Thomas Coppolino, George L. Cimballa, III, Kristen L. Wenger |
Name | DIANA DUBIN, INC |
Role | Appellee |
Status | Active |
Name | FLORIDA SPINE AND JOINT INSTITUTE, LLC |
Role | Appellee |
Status | Active |
Representations | Douglas Howard Stein, Robert H. Stein, Lorin Louis Mrachek, Michael W. Kranz, Jeffrey M. Braxton |
Name | Hon. John D. Fry |
Role | Judge/Judicial Officer |
Status | Active |
Name | Clerk - Broward |
Role | Lower Tribunal Clerk |
Status | Active |
Docket Entries
Docket Date | 2023-10-20 |
Type | Mandate |
Subtype | Mandate |
Description | Mandate |
View | View File |
Docket Date | 2023-09-28 |
Type | Misc. Events |
Subtype | West Publishing |
Description | West Publishing |
Docket Date | 2023-09-28 |
Type | Order |
Subtype | Order on Motion for Rehearing |
Description | Order on Motion for Rehearing |
View | View File |
Docket Date | 2023-09-06 |
Type | Response |
Subtype | Response |
Description | Response ~ (GEICO) TO MOTION FOR REHEARING. |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2023-08-22 |
Type | Post-Disposition Motions |
Subtype | Motion for Rehearing |
Description | Motion For Rehearing |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2023-08-09 |
Type | Disposition by Opinion |
Subtype | Reversed |
Description | Reversed - Authored Opinion |
Docket Date | 2023-08-09 |
Type | Order |
Subtype | Order on Motion For Attorney's Fees |
Description | Deny Attorney's Fees ~ ORDERED that appellant Geico General Insurance Company’s February 6, 2023 motion for attorney's fees and costs is denied. Further,ORDERED that appellee Robert Stein, P.A.’s December 21, 2022 motion for attorney’s fees is denied. |
Docket Date | 2023-04-13 |
Type | Notice |
Subtype | Notice |
Description | Notice ~ OF CHANGE OF LAW FIRM |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2023-02-06 |
Type | Motions Relating to Attorney Fees/Costs |
Subtype | Motion For Attorney's Fees |
Description | Motion For Attorney's Fees ~ GEICO GENERAL INSURANCE COMPANY'S |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2023-02-06 |
Type | Brief |
Subtype | Reply Brief |
Description | Appellant's Reply Brief |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2023-01-12 |
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 appellant Geico General Insurance Company’s January 11, 2023 motion for extension of time is granted in part, and appellant shall serve the reply brief within fifteen (15) days from the current due date. In addition, if the reply brief is served after the time provided for in this order, it may be stricken. |
Docket Date | 2023-01-11 |
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 | Geico General Insurance Company |
Docket Date | 2022-12-21 |
Type | Motions Relating to Attorney Fees/Costs |
Subtype | Motion For Attorney's Fees |
Description | Motion For Attorney's Fees |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-12-21 |
Type | Brief |
Subtype | Answer Brief |
Description | Appellee's Answer Brief |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-12-06 |
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 | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-11-09 |
Type | Notice |
Subtype | Notice of Agreed Extension of Time - Answer Brief |
Description | Notice of Agreed Extension - Answer Brief |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-11-08 |
Type | Notice |
Subtype | Notice of Appearance |
Description | Notice of Appearance ~ (FILED IN 22-163) |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-09-09 |
Type | Notice |
Subtype | Notice of Agreed Extension of Time - Answer Brief |
Description | Notice of Agreed Extension - Answer Brief |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-08-16 |
Type | Record |
Subtype | Appendix |
Description | Appendix to Brief |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2022-08-15 |
Type | Brief |
Subtype | Initial Brief |
Description | Initial Brief on Merits |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2022-07-22 |
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 | Geico General Insurance Company |
Docket Date | 2022-06-15 |
Type | Order |
Subtype | Order on Motion for Extension of Time to Serve Initial Brief |
Description | Order Granting EOT for Initial Brief ~ ORDERED that appellant, GEICO General Insurance Company’s June 10, 2022 motion for extension of time is granted, and appellant shall serve the initial brief on or before August 4, 2022. 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 | 2022-06-10 |
Type | Motions Extensions |
Subtype | Motion for Extension of Time to Serve Initial Brief |
Description | Mot. for Extension of time to file Initial Brief ~ GEICO |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2022-04-26 |
Type | Order |
Subtype | Order on Motion for Extension of Time to Serve Initial Brief |
Description | Order Granting EOT for Initial Brief ~ ORDERED that appellant, GEICO General Insurance Company’s, April 25, 2022 motion for extension of time is granted, and appellant shall serve the initial brief on or before June 20, 2022. 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 | 2022-04-25 |
Type | Motions Extensions |
Subtype | Motion for Extension of Time to Serve Initial Brief |
Description | Mot. for Extension of time to file Initial Brief ~ GEICO |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2022-04-25 |
Type | Order |
Subtype | Order Striking Filing |
Description | Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellant, GEICO Insurance Company’s, April 22, 2022 motion is stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that it is a computer-generated document which does not comply with the font requirements set forth in Rule 9.045(b). See Fla. R. App. P. 9.045(b) (“Computer-generated documents shall be filed in either Arial 14-point font or Bookman Old Style 14-point font.”). An amended document in compliance with Rule 9.045 shall be filed within two (2) days from the date of this order. |
Docket Date | 2022-04-22 |
Type | Motions Extensions |
Subtype | Motion for Extension of Time to Serve Initial Brief |
Description | Mot. for Extension of time to file Initial Brief ~ **STRICKEN** GEICO |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2022-02-14 |
Type | Order |
Subtype | Order |
Description | ORD-Sua Sponte |
Docket Date | 2022-01-27 |
Type | Notice |
Subtype | Notice of Appearance |
Description | Notice of Appearance |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-01-24 |
Type | Misc. Events |
Subtype | Case Filing Fee Paid through Portal |
Description | Case Filing Fee Paid Through Portal |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2022-01-19 |
Type | Misc. Events |
Subtype | Fee Status |
Description | FP:Fee Paid Through Portal |
Docket Date | 2022-01-19 |
Type | Letter |
Subtype | Acknowledgment Letter |
Description | Acknowledgment Letter |
Docket Date | 2022-01-19 |
Type | Notice |
Subtype | Notice of Appeal |
Description | Notice of Appeal Filed |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2022-12-08 |
Type | Order |
Subtype | Order on Motion for Extension of Time to Serve Answer Brief |
Description | ORD-Answer Brief to be Served ~ ORDERED that appellee's December 6, 2022 motion for extension of time is granted, and appellee shall serve the answer brief on or before January 23, 2023. In addition, appellee is notified that the failure to serve the brief within the time provided herein will foreclose appellee's right to file a brief or otherwise participate in this appeal, or the court in its discretion may impose other sanctions. Appellee is advised that no further extensions will be granted absent a detailed explanation for why the answer 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. |
Docket Date | 2022-07-26 |
Type | Order |
Subtype | Order on Motion for Extension of Time to Serve Initial Brief |
Description | ORD-Initial Brief to be Served ~ ORDERED that appellants’ July 22, 2022 motion for extension of time is granted in part. Appellants 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. Appellants are 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. |
Docket Date | 2022-01-19 |
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. |
Classification | NOA Final - County Small Claims - PIP |
Court | 4th District Court of Appeal |
Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County CONO-19-014000 |
Parties
Name | GEICO GENERAL INSURANCE COMPANY |
Role | Appellant |
Status | Active |
Representations | Drew Andrew Krieger, Salvatore Thomas Coppolino, Kristen L. Wenger, George L. Cimballa, III |
Name | Karysabell Murgas |
Role | Appellee |
Status | Active |
Name | FLORIDA SPINE AND JOINT INSTITUTE, LLC |
Role | Appellee |
Status | Active |
Representations | Michael W. Kranz, Jeffrey M. Braxton, Robert H. Stein, Lorin Louis Mrachek |
Name | Hon. John D. Fry |
Role | Judge/Judicial Officer |
Status | Active |
Name | Clerk - Broward |
Role | Lower Tribunal Clerk |
Status | Active |
Docket Entries
Docket Date | 2023-10-20 |
Type | Mandate |
Subtype | Mandate |
Description | Mandate |
View | View File |
Docket Date | 2023-09-28 |
Type | Misc. Events |
Subtype | West Publishing |
Description | West Publishing |
Docket Date | 2023-09-06 |
Type | Response |
Subtype | Response |
Description | Response ~ (GEICO) TO MOTION FOR REHEARING. |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2023-08-22 |
Type | Post-Disposition Motions |
Subtype | Motion for Rehearing |
Description | Motion For Rehearing |
Docket Date | 2023-08-09 |
Type | Disposition by Opinion |
Subtype | Reversed |
Description | Reversed - Authored Opinion |
Docket Date | 2023-04-13 |
Type | Notice |
Subtype | Notice |
Description | Notice ~ OF CHANGE OF LAW FIRM |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2023-02-06 |
Type | Brief |
Subtype | Reply Brief |
Description | Appellant's Reply Brief |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2023-02-06 |
Type | Motions Relating to Attorney Fees/Costs |
Subtype | Motion For Attorney's Fees |
Description | Motion For Attorney's Fees ~ GEICO GENERAL INSURANCE COMPANY'S |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2023-01-12 |
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 appellant Geico General Insurance Company’s January 11, 2023 motion for extension of time is granted in part, and appellant shall serve the reply brief within fifteen (15) days from the current due date. In addition, if the reply brief is served after the time provided for in this order, it may be stricken. |
Docket Date | 2023-01-11 |
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 | Geico General Insurance Company |
Docket Date | 2022-12-21 |
Type | Motions Relating to Attorney Fees/Costs |
Subtype | Motion For Attorney's Fees |
Description | Motion For Attorney's Fees |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-12-21 |
Type | Brief |
Subtype | Answer Brief |
Description | Appellee's Answer Brief |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-12-06 |
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 | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-11-09 |
Type | Notice |
Subtype | Notice of Agreed Extension of Time - Answer Brief |
Description | Notice of Agreed Extension - Answer Brief |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-11-08 |
Type | Notice |
Subtype | Notice of Appearance |
Description | Notice of Appearance ~ (FILED IN 22-163) |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-09-09 |
Type | Notice |
Subtype | Notice of Agreed Extension of Time - Answer Brief |
Description | Notice of Agreed Extension - Answer Brief |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-08-16 |
Type | Record |
Subtype | Appendix |
Description | Appendix to Brief |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2022-08-15 |
Type | Brief |
Subtype | Initial Brief |
Description | Initial Brief on Merits |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2022-07-26 |
Type | Order |
Subtype | Order on Motion for Extension of Time to Serve Initial Brief |
Description | ORD-Initial Brief to be Served ~ ORDERED that appellants’ July 22, 2022 motion for extension of time is granted in part. Appellants 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. Appellants are 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. |
Docket Date | 2022-07-22 |
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 | Geico General Insurance Company |
Docket Date | 2022-06-15 |
Type | Order |
Subtype | Order on Motion for Extension of Time to Serve Initial Brief |
Description | Order Granting EOT for Initial Brief ~ ORDERED that appellant, GEICO General Insurance Company’s June 10, 2022 motion for extension of time is granted, and appellant shall serve the initial brief on or before August 4, 2022. 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 | 2022-06-10 |
Type | Motions Extensions |
Subtype | Motion for Extension of Time to Serve Initial Brief |
Description | Mot. for Extension of time to file Initial Brief ~ GEICO |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2022-04-26 |
Type | Order |
Subtype | Order on Motion for Extension of Time to Serve Initial Brief |
Description | Order Granting EOT for Initial Brief ~ ORDERED that appellant, GEICO General Insurance Company’s, April 25, 2022 motion for extension of time is granted, and appellant shall serve the initial brief on or before June 20, 2022. 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 | 2022-04-25 |
Type | Motions Extensions |
Subtype | Motion for Extension of Time to Serve Initial Brief |
Description | Mot. for Extension of time to file Initial Brief ~ GEICO |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2022-04-25 |
Type | Order |
Subtype | Order Striking Filing |
Description | Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellant, GEICO Insurance Company’s, April 22, 2022 motion is stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that it is a computer-generated document which does not comply with the font requirements set forth in Rule 9.045(b). See Fla. R. App. P. 9.045(b) (“Computer-generated documents shall be filed in either Arial 14-point font or Bookman Old Style 14-point font.”). An amended document in compliance with Rule 9.045 shall be filed within two (2) days from the date of this order. |
Docket Date | 2022-04-22 |
Type | Motions Extensions |
Subtype | Motion for Extension of Time to Serve Initial Brief |
Description | Mot. for Extension of time to file Initial Brief ~ **STRICKEN** GEICO |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2022-01-27 |
Type | Notice |
Subtype | Notice of Appearance |
Description | Notice of Appearance |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-01-24 |
Type | Order |
Subtype | Order to Show Cause |
Description | Order to Show Cause ~ ORDERED that the parties are to show cause, within ten (10) days from the date of this order, as to why case numbers 4D21-2699, 4D21-2957, 4D21-3204, 4D22-165, 4D22-154, 4D22-155, 4D22-157, 4D22-158, 4D22-159, 4D22-162, 4D22-163, 4D22-172, 4D22-173, 4D22-174, 4D22-175, 4D22-178, 4D22-179, 4D22-180, 4D22-181, 4D22-183, 4D22-184, 4D22-187, 4D22-189, 4D22-190, 4D22-193, 4D22-194, 4D22-195, 4D22-196, 4D22-197, 4D22-198, 4D22-199, 4D22-200, and 4D22-201 should not be consolidated for all purposes. Further,ORDERED that the parties are to address how the briefing will be handled as to the appeals’ differences in awards of attorney’s fees against solely Florida Spine and Joint Institute, LLC, and against both Florida Spine and Joint Institute, LLC, and Geico Insurance Co. |
Docket Date | 2022-01-24 |
Type | Misc. Events |
Subtype | Case Filing Fee Paid through Portal |
Description | Case Filing Fee Paid Through Portal |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2022-01-20 |
Type | Letter |
Subtype | Acknowledgment Letter |
Description | Acknowledgment Letter |
Docket Date | 2022-01-18 |
Type | Misc. Events |
Subtype | Miscellaneous Trial Court Document |
Description | Misc. LT pleadings ~ *Civil Cover Sheet |
Docket Date | 2022-01-18 |
Type | Notice |
Subtype | Notice of Appeal |
Description | Notice of Appeal Filed |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2023-09-28 |
Type | Order |
Subtype | Order on Motion for Rehearing |
Description | Order on Motion for Rehearing |
View | View File |
Docket Date | 2023-08-09 |
Type | Order |
Subtype | Order on Motion For Attorney's Fees |
Description | Deny Attorney's Fees ~ ORDERED that appellant Geico General Insurance Company’s February 6, 2023 motion for attorney's fees and costs is denied. Further,ORDERED that appellee Robert Stein, P.A.’s December 21, 2022 motion for attorney’s fees is denied. |
Docket Date | 2022-12-08 |
Type | Order |
Subtype | Order on Motion for Extension of Time to Serve Answer Brief |
Description | ORD-Answer Brief to be Served ~ ORDERED that appellee's December 6, 2022 motion for extension of time is granted, and appellee shall serve the answer brief on or before January 23, 2023. In addition, appellee is notified that the failure to serve the brief within the time provided herein will foreclose appellee's right to file a brief or otherwise participate in this appeal, or the court in its discretion may impose other sanctions. Appellee is advised that no further extensions will be granted absent a detailed explanation for why the answer 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. |
Docket Date | 2022-02-16 |
Type | Record |
Subtype | Record on Appeal |
Description | Received Records ~ (22-157) (203 PAGES) |
On Behalf Of | Clerk - Broward |
Docket Date | 2022-02-14 |
Type | Order |
Subtype | Order |
Description | ORD-Sua Sponte ~ Upon consideration of the parties’ February 3, 2022 joint response to this court’s January 21, 2022 order, and appellant Geico Insurance Co.’s February 8, 2022 response, it is ORDERED that case numbers 4D21-2699, 4D21-2957, 4D21-3204, and 4D22-165 are consolidated for all purposes and shall proceed under the time schedule for a final appeal and according to the Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D21-2699. Further,ORDERED that case numbers 4D22-154, 4D22-155, 4D22-157, 4D22-158, 4D22-159, 4D22-162, 4D22-163, 4D22-172, 4D22-173, 4D22-174, 4D22-175, 4D22-178, 4D22-179, 4D22-180, 4D22-181, 4D22-183, 4D22-184, 4D22-187, 4D22-189, 4D22-190, 4D22-191, 4D22-193, 4D22-194, 4D22-195, 4D22-196, 4D22-197, 4D22-198, 4D22-199, 4D22-200, and 4D22-201 are consolidated for all purposes and shall proceed under the time schedule for a final appeal and according to the Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D22-154. Further,ORDERED that the proposed briefing schedule provided in the parties’ February 3, 2022 joint response is adopted. Appellant may file directions to the clerk under Florida Rule of Appellate Procedure 9.200(a) within thirty (30) days from the date of this order, and appellee may file directions for additional documents and exhibits within twenty (20) days thereafter.ORDERED that the parties’ February 3, 2022 request for extension of time is granted in part without prejudice to seeking a further extension if necessary. Appellants shall serve their respective initial briefs within thirty (30) days from the filing of the record on appeal. In addition, if the initial briefs are not served within the time provided for in this order, the above–styled cases may be subject to dismissal or the court in its discretion may impose other sanctions.ORDERED that the captions in case numbers 4D21-2699 and 4D22-154 are corrected to change the name of the appellants to Florida Spine and Joint Institute, LLC and Geico Insurance Co., and the name of the appellee to Robert Stein, P.A. All future filings shall reflect this change. Further,ORDERED that Florida Spine and Joint Institute, LLC’s November 22, 2021 motion to consolidate is denied as moot. Further,ORDERED that this court’s January 24, 2022 order to show cause is discharged. |
Docket Date | 2022-01-20 |
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. |
Classification | NOA Final - County Small Claims - PIP |
Court | 4th District Court of Appeal |
Originating Court |
County Court for the Seventeenth Judicial Circuit, Broward County CONO19-003972 |
Parties
Name | GOVERNMENT EMPLOYEES INSURANCE COMPANY |
Role | Appellant |
Status | Active |
Representations | Kristen L. Wenger, Drew Andrew Krieger, Salvatore Thomas Coppolino |
Name | Keisha Especa |
Role | Appellee |
Status | Active |
Name | FLORIDA SPINE AND JOINT INSTITUTE, LLC |
Role | Appellee |
Status | Active |
Representations | Michael W. Kranz, Lorin Louis Mrachek, Jeffrey M. Braxton, Robert H. Stein |
Name | Hon. John D. Fry |
Role | Judge/Judicial Officer |
Status | Active |
Name | Clerk - Broward |
Role | Lower Tribunal Clerk |
Status | Active |
Docket Entries
Docket Date | 2023-04-13 |
Type | Notice |
Subtype | Notice |
Description | Notice ~ OF CHANGE OF LAW FIRM |
On Behalf Of | Government Employees Insurance Company |
Docket Date | 2023-02-06 |
Type | Brief |
Subtype | Reply Brief |
Description | Appellant's Reply Brief |
On Behalf Of | Government Employees Insurance Company |
Docket Date | 2023-02-06 |
Type | Motions Relating to Attorney Fees/Costs |
Subtype | Motion For Attorney's Fees |
Description | Motion For Attorney's Fees ~ GEICO GENERAL INSURANCE COMPANY'S |
On Behalf Of | Government Employees Insurance Company |
Docket Date | 2023-01-12 |
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 appellant Geico General Insurance Company’s January 11, 2023 motion for extension of time is granted in part, and appellant shall serve the reply brief within fifteen (15) days from the current due date. In addition, if the reply brief is served after the time provided for in this order, it may be stricken. |
Docket Date | 2023-01-11 |
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 | Government Employees Insurance Company |
Docket Date | 2022-12-21 |
Type | Brief |
Subtype | Answer Brief |
Description | Appellee's Answer Brief |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-12-21 |
Type | Motions Relating to Attorney Fees/Costs |
Subtype | Motion For Attorney's Fees |
Description | Motion For Attorney's Fees |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2023-10-20 |
Type | Mandate |
Subtype | Mandate |
Description | Mandate |
View | View File |
Docket Date | 2023-09-28 |
Type | Misc. Events |
Subtype | West Publishing |
Description | West Publishing |
Docket Date | 2023-09-28 |
Type | Order |
Subtype | Order on Motion for Rehearing |
Description | Order on Motion for Rehearing |
View | View File |
Docket Date | 2023-09-06 |
Type | Response |
Subtype | Response |
Description | Response ~ (GEICO) TO MOTION FOR REHEARING. |
On Behalf Of | Government Employees Insurance Company |
Docket Date | 2023-08-22 |
Type | Post-Disposition Motions |
Subtype | Motion for Rehearing |
Description | Motion For Rehearing |
Docket Date | 2023-08-09 |
Type | Disposition by Opinion |
Subtype | Reversed |
Description | Reversed - Authored Opinion |
Docket Date | 2023-08-09 |
Type | Order |
Subtype | Order on Motion For Attorney's Fees |
Description | Deny Attorney's Fees ~ ORDERED that appellant Geico General Insurance Company’s February 6, 2023 motion for attorney's fees and costs is denied. Further,ORDERED that appellee Robert Stein, P.A.’s December 21, 2022 motion for attorney’s fees is denied. |
Docket Date | 2022-12-06 |
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 | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-11-09 |
Type | Notice |
Subtype | Notice of Agreed Extension of Time - Answer Brief |
Description | Notice of Agreed Extension - Answer Brief |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-11-08 |
Type | Notice |
Subtype | Notice of Appearance |
Description | Notice of Appearance ~ (FILED IN 22-163) |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-09-09 |
Type | Notice |
Subtype | Notice of Agreed Extension of Time - Answer Brief |
Description | Notice of Agreed Extension - Answer Brief |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-08-16 |
Type | Record |
Subtype | Appendix |
Description | Appendix to Brief |
On Behalf Of | Government Employees Insurance Company |
Docket Date | 2022-08-15 |
Type | Brief |
Subtype | Initial Brief |
Description | Initial Brief on Merits |
On Behalf Of | Government Employees Insurance Company |
Docket Date | 2022-07-26 |
Type | Order |
Subtype | Order on Motion for Extension of Time to Serve Initial Brief |
Description | ORD-Initial Brief to be Served ~ ORDERED that appellants’ July 22, 2022 motion for extension of time is granted in part. Appellants 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. Appellants are 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. |
Docket Date | 2022-07-22 |
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 | Government Employees Insurance Company |
Docket Date | 2022-06-15 |
Type | Order |
Subtype | Order on Motion for Extension of Time to Serve Initial Brief |
Description | Order Granting EOT for Initial Brief ~ ORDERED that appellant, GEICO General Insurance Company’s June 10, 2022 motion for extension of time is granted, and appellant shall serve the initial brief on or before August 4, 2022. 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 | 2022-06-10 |
Type | Motions Extensions |
Subtype | Motion for Extension of Time to Serve Initial Brief |
Description | Mot. for Extension of time to file Initial Brief ~ GEICO |
On Behalf Of | Government Employees Insurance Company |
Docket Date | 2022-04-26 |
Type | Order |
Subtype | Order on Motion for Extension of Time to Serve Initial Brief |
Description | Order Granting EOT for Initial Brief ~ ORDERED that appellant, GEICO General Insurance Company’s, April 25, 2022 motion for extension of time is granted, and appellant shall serve the initial brief on or before June 20, 2022. 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 | 2022-04-25 |
Type | Order |
Subtype | Order Striking Filing |
Description | Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellant, GEICO Insurance Company’s, April 22, 2022 motion is stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that it is a computer-generated document which does not comply with the font requirements set forth in Rule 9.045(b). See Fla. R. App. P. 9.045(b) (“Computer-generated documents shall be filed in either Arial 14-point font or Bookman Old Style 14-point font.”). An amended document in compliance with Rule 9.045 shall be filed within two (2) days from the date of this order. |
Docket Date | 2022-04-25 |
Type | Motions Extensions |
Subtype | Motion for Extension of Time to Serve Initial Brief |
Description | Mot. for Extension of time to file Initial Brief ~ GEICO |
On Behalf Of | Government Employees Insurance Company |
Docket Date | 2022-04-22 |
Type | Motions Extensions |
Subtype | Motion for Extension of Time to Serve Initial Brief |
Description | Mot. for Extension of time to file Initial Brief ~ **STRICKEN** GEICO |
On Behalf Of | Government Employees Insurance Company |
Docket Date | 2022-02-16 |
Type | Record |
Subtype | Record on Appeal |
Description | Received Records ~ (22-156) (248 PAGES) |
On Behalf Of | Clerk - Broward |
Docket Date | 2022-01-27 |
Type | Notice |
Subtype | Notice of Appearance |
Description | Notice of Appearance |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-01-24 |
Type | Order |
Subtype | Order to Show Cause |
Description | Order to Show Cause ~ ORDERED that the parties are to show cause, within ten (10) days from the date of this order, as to why case numbers 4D21-2699, 4D21-2957, 4D21-3204, 4D22-165, 4D22-154, 4D22-155, 4D22-157, 4D22-158, 4D22-159, 4D22-162, 4D22-163, 4D22-172, 4D22-173, 4D22-174, 4D22-175, 4D22-178, 4D22-179, 4D22-180, 4D22-181, 4D22-183, 4D22-184, 4D22-187, 4D22-189, 4D22-190, 4D22-193, 4D22-194, 4D22-195, 4D22-196, 4D22-197, 4D22-198, 4D22-199, 4D22-200, and 4D22-201 should not be consolidated for all purposes. Further,ORDERED that the parties are to address how the briefing will be handled as to the appeals’ differences in awards of attorney’s fees against solely Florida Spine and Joint Institute, LLC, and against both Florida Spine and Joint Institute, LLC, and Geico Insurance Co. |
Docket Date | 2022-01-19 |
Type | Misc. Events |
Subtype | Case Filing Fee Paid through Portal |
Description | Case Filing Fee Paid Through Portal |
On Behalf Of | Government Employees Insurance Company |
Docket Date | 2022-01-18 |
Type | Misc. Events |
Subtype | Fee Status |
Description | FP:Fee Paid Through Portal |
Docket Date | 2022-01-18 |
Type | Notice |
Subtype | Notice of Appeal |
Description | Notice of Appeal Filed |
On Behalf Of | Government Employees Insurance Company |
Docket Date | 2022-01-18 |
Type | Letter |
Subtype | Acknowledgment Letter |
Description | Acknowledgment Letter |
Docket Date | 2022-12-08 |
Type | Order |
Subtype | Order on Motion for Extension of Time to Serve Answer Brief |
Description | ORD-Answer Brief to be Served ~ ORDERED that appellee's December 6, 2022 motion for extension of time is granted, and appellee shall serve the answer brief on or before January 23, 2023. In addition, appellee is notified that the failure to serve the brief within the time provided herein will foreclose appellee's right to file a brief or otherwise participate in this appeal, or the court in its discretion may impose other sanctions. Appellee is advised that no further extensions will be granted absent a detailed explanation for why the answer 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. |
Docket Date | 2022-02-14 |
Type | Order |
Subtype | Order |
Description | ORD-Sua Sponte ~ Upon consideration of the parties’ February 3, 2022 joint response to this court’s January 21, 2022 order, and appellant Geico Insurance Co.’s February 8, 2022 response, it is ORDERED that case numbers 4D21-2699, 4D21-2957, 4D21-3204, and 4D22-165 are consolidated for all purposes and shall proceed under the time schedule for a final appeal and according to the Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D21-2699. Further,ORDERED that case numbers 4D22-154, 4D22-155, 4D22-157, 4D22-158, 4D22-159, 4D22-162, 4D22-163, 4D22-172, 4D22-173, 4D22-174, 4D22-175, 4D22-178, 4D22-179, 4D22-180, 4D22-181, 4D22-183, 4D22-184, 4D22-187, 4D22-189, 4D22-190, 4D22-191, 4D22-193, 4D22-194, 4D22-195, 4D22-196, 4D22-197, 4D22-198, 4D22-199, 4D22-200, and 4D22-201 are consolidated for all purposes and shall proceed under the time schedule for a final appeal and according to the Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D22-154. Further,ORDERED that the proposed briefing schedule provided in the parties’ February 3, 2022 joint response is adopted. Appellant may file directions to the clerk under Florida Rule of Appellate Procedure 9.200(a) within thirty (30) days from the date of this order, and appellee may file directions for additional documents and exhibits within twenty (20) days thereafter.ORDERED that the parties’ February 3, 2022 request for extension of time is granted in part without prejudice to seeking a further extension if necessary. Appellants shall serve their respective initial briefs within thirty (30) days from the filing of the record on appeal. In addition, if the initial briefs are not served within the time provided for in this order, the above–styled cases may be subject to dismissal or the court in its discretion may impose other sanctions.ORDERED that the captions in case numbers 4D21-2699 and 4D22-154 are corrected to change the name of the appellants to Florida Spine and Joint Institute, LLC and Geico Insurance Co., and the name of the appellee to Robert Stein, P.A. All future filings shall reflect this change. Further,ORDERED that Florida Spine and Joint Institute, LLC’s November 22, 2021 motion to consolidate is denied as moot. Further,ORDERED that this court’s January 24, 2022 order to show cause is discharged. |
Docket Date | 2022-01-18 |
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. |
Classification | NOA Final - County Small Claims - PIP |
Court | 4th District Court of Appeal |
Originating Court |
County Court for the Seventeenth Judicial Circuit, Broward County CONO20-003090 |
Parties
Name | GEICO GENERAL INSURANCE COMPANY |
Role | Appellant |
Status | Active |
Representations | Drew Andrew Krieger, Salvatore Thomas Coppolino, Kristen L. Wenger |
Name | Tania Reyes Sanchez |
Role | Appellee |
Status | Active |
Name | FLORIDA SPINE AND JOINT INSTITUTE, LLC |
Role | Appellee |
Status | Active |
Representations | Robert H. Stein, Lorin Louis Mrachek, Michael W. Kranz, Douglas Howard Stein, Jeffrey M. Braxton |
Name | Hon. John D. Fry |
Role | Judge/Judicial Officer |
Status | Active |
Name | Clerk - Broward |
Role | Lower Tribunal Clerk |
Status | Active |
Docket Entries
Docket Date | 2023-10-20 |
Type | Mandate |
Subtype | Mandate |
Description | Mandate |
View | View File |
Docket Date | 2023-09-28 |
Type | Misc. Events |
Subtype | West Publishing |
Description | West Publishing |
Docket Date | 2023-09-28 |
Type | Order |
Subtype | Order on Motion for Rehearing |
Description | Order on Motion for Rehearing |
View | View File |
Docket Date | 2023-09-06 |
Type | Response |
Subtype | Response |
Description | Response ~ (GEICO) TO MOTION FOR REHEARING. |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2023-08-22 |
Type | Post-Disposition Motions |
Subtype | Motion for Rehearing |
Description | Motion For Rehearing |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2023-08-09 |
Type | Order |
Subtype | Order on Motion For Attorney's Fees |
Description | Deny Attorney's Fees ~ ORDERED that appellant Geico General Insurance Company’s February 6, 2023 motion for attorney's fees and costs is denied. Further,ORDERED that appellee Robert Stein, P.A.’s December 21, 2022 motion for attorney’s fees is denied. |
Docket Date | 2023-08-09 |
Type | Disposition by Opinion |
Subtype | Reversed |
Description | Reversed - Authored Opinion |
Docket Date | 2023-04-13 |
Type | Notice |
Subtype | Notice |
Description | Notice ~ OF CHANGE OF LAW FIRM |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2023-02-06 |
Type | Brief |
Subtype | Reply Brief |
Description | Appellant's Reply Brief |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2023-02-06 |
Type | Motions Relating to Attorney Fees/Costs |
Subtype | Motion For Attorney's Fees |
Description | Motion For Attorney's Fees ~ GEICO GENERAL INSURANCE COMPANY'S |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2023-01-12 |
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 appellant Geico General Insurance Company’s January 11, 2023 motion for extension of time is granted in part, and appellant shall serve the reply brief within fifteen (15) days from the current due date. In addition, if the reply brief is served after the time provided for in this order, it may be stricken. |
Docket Date | 2023-01-11 |
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 | Geico General Insurance Company |
Docket Date | 2022-12-21 |
Type | Brief |
Subtype | Answer Brief |
Description | Appellee's Answer Brief |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-12-21 |
Type | Motions Relating to Attorney Fees/Costs |
Subtype | Motion For Attorney's Fees |
Description | Motion For Attorney's Fees |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-12-08 |
Type | Order |
Subtype | Order on Motion for Extension of Time to Serve Answer Brief |
Description | ORD-Answer Brief to be Served ~ ORDERED that appellee's December 6, 2022 motion for extension of time is granted, and appellee shall serve the answer brief on or before January 23, 2023. In addition, appellee is notified that the failure to serve the brief within the time provided herein will foreclose appellee's right to file a brief or otherwise participate in this appeal, or the court in its discretion may impose other sanctions. Appellee is advised that no further extensions will be granted absent a detailed explanation for why the answer 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. |
Docket Date | 2022-12-06 |
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 | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-11-09 |
Type | Notice |
Subtype | Notice of Agreed Extension of Time - Answer Brief |
Description | Notice of Agreed Extension - Answer Brief |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-11-08 |
Type | Notice |
Subtype | Notice of Appearance |
Description | Notice of Appearance ~ (FILED IN 22-163) |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-09-09 |
Type | Notice |
Subtype | Notice of Agreed Extension of Time - Answer Brief |
Description | Notice of Agreed Extension - Answer Brief |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-08-16 |
Type | Record |
Subtype | Appendix |
Description | Appendix to Brief |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2022-08-15 |
Type | Brief |
Subtype | Initial Brief |
Description | Initial Brief on Merits |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2022-07-26 |
Type | Order |
Subtype | Order on Motion for Extension of Time to Serve Initial Brief |
Description | ORD-Initial Brief to be Served ~ ORDERED that appellants’ July 22, 2022 motion for extension of time is granted in part. Appellants 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. Appellants are 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. |
Docket Date | 2022-07-22 |
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 | Geico General Insurance Company |
Docket Date | 2022-06-15 |
Type | Order |
Subtype | Order on Motion for Extension of Time to Serve Initial Brief |
Description | Order Granting EOT for Initial Brief ~ ORDERED that appellant, GEICO General Insurance Company’s June 10, 2022 motion for extension of time is granted, and appellant shall serve the initial brief on or before August 4, 2022. 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 | 2022-06-10 |
Type | Motions Extensions |
Subtype | Motion for Extension of Time to Serve Initial Brief |
Description | Mot. for Extension of time to file Initial Brief ~ GEICO |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2022-04-26 |
Type | Order |
Subtype | Order on Motion for Extension of Time to Serve Initial Brief |
Description | Order Granting EOT for Initial Brief ~ ORDERED that appellant, GEICO General Insurance Company’s, April 25, 2022 motion for extension of time is granted, and appellant shall serve the initial brief on or before June 20, 2022. 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 | 2022-04-25 |
Type | Order |
Subtype | Order Striking Filing |
Description | Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellant, GEICO Insurance Company’s, April 22, 2022 motion is stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that it is a computer-generated document which does not comply with the font requirements set forth in Rule 9.045(b). See Fla. R. App. P. 9.045(b) (“Computer-generated documents shall be filed in either Arial 14-point font or Bookman Old Style 14-point font.”). An amended document in compliance with Rule 9.045 shall be filed within two (2) days from the date of this order. |
Docket Date | 2022-04-25 |
Type | Motions Extensions |
Subtype | Motion for Extension of Time to Serve Initial Brief |
Description | Mot. for Extension of time to file Initial Brief ~ GEICO |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2022-04-22 |
Type | Motions Extensions |
Subtype | Motion for Extension of Time to Serve Initial Brief |
Description | Mot. for Extension of time to file Initial Brief ~ **STRICKEN** GEICO |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2022-02-16 |
Type | Record |
Subtype | Record on Appeal |
Description | Received Records ~ (22-172) (210 PAGES) |
On Behalf Of | Clerk - Broward |
Docket Date | 2022-02-14 |
Type | Order |
Subtype | Order |
Description | ORD-Sua Sponte ~ Upon consideration of the parties’ February 3, 2022 joint response to this court’s January 21, 2022 order, and appellant Geico Insurance Co.’s February 8, 2022 response, it is ORDERED that case numbers 4D21-2699, 4D21-2957, 4D21-3204, and 4D22-165 are consolidated for all purposes and shall proceed under the time schedule for a final appeal and according to the Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D21-2699. Further,ORDERED that case numbers 4D22-154, 4D22-155, 4D22-157, 4D22-158, 4D22-159, 4D22-162, 4D22-163, 4D22-172, 4D22-173, 4D22-174, 4D22-175, 4D22-178, 4D22-179, 4D22-180, 4D22-181, 4D22-183, 4D22-184, 4D22-187, 4D22-189, 4D22-190, 4D22-191, 4D22-193, 4D22-194, 4D22-195, 4D22-196, 4D22-197, 4D22-198, 4D22-199, 4D22-200, and 4D22-201 are consolidated for all purposes and shall proceed under the time schedule for a final appeal and according to the Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D22-154. Further,ORDERED that the proposed briefing schedule provided in the parties’ February 3, 2022 joint response is adopted. Appellant may file directions to the clerk under Florida Rule of Appellate Procedure 9.200(a) within thirty (30) days from the date of this order, and appellee may file directions for additional documents and exhibits within twenty (20) days thereafter.ORDERED that the parties’ February 3, 2022 request for extension of time is granted in part without prejudice to seeking a further extension if necessary. Appellants shall serve their respective initial briefs within thirty (30) days from the filing of the record on appeal. In addition, if the initial briefs are not served within the time provided for in this order, the above–styled cases may be subject to dismissal or the court in its discretion may impose other sanctions.ORDERED that the captions in case numbers 4D21-2699 and 4D22-154 are corrected to change the name of the appellants to Florida Spine and Joint Institute, LLC and Geico Insurance Co., and the name of the appellee to Robert Stein, P.A. All future filings shall reflect this change. Further,ORDERED that Florida Spine and Joint Institute, LLC’s November 22, 2021 motion to consolidate is denied as moot. Further,ORDERED that this court’s January 24, 2022 order to show cause is discharged. |
Docket Date | 2022-01-27 |
Type | Notice |
Subtype | Notice of Appearance |
Description | Notice of Appearance |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-01-24 |
Type | Misc. Events |
Subtype | Case Filing Fee Paid through Portal |
Description | Case Filing Fee Paid Through Portal |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2022-01-24 |
Type | Order |
Subtype | Order to Show Cause |
Description | Order to Show Cause ~ ORDERED that the parties are to show cause, within ten (10) days from the date of this order, as to why case numbers 4D21-2699, 4D21-2957, 4D21-3204, 4D22-165, 4D22-154, 4D22-155, 4D22-157, 4D22-158, 4D22-159, 4D22-162, 4D22-163, 4D22-172, 4D22-173, 4D22-174, 4D22-175, 4D22-178, 4D22-179, 4D22-180, 4D22-181, 4D22-183, 4D22-184, 4D22-187, 4D22-189, 4D22-190, 4D22-193, 4D22-194, 4D22-195, 4D22-196, 4D22-197, 4D22-198, 4D22-199, 4D22-200, and 4D22-201 should not be consolidated for all purposes. Further,ORDERED that the parties are to address how the briefing will be handled as to the appeals’ differences in awards of attorney’s fees against solely Florida Spine and Joint Institute, LLC, and against both Florida Spine and Joint Institute, LLC, and Geico Insurance Co. |
Docket Date | 2022-01-20 |
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 | 2022-01-20 |
Type | Letter |
Subtype | Acknowledgment Letter |
Description | Acknowledgment Letter |
Docket Date | 2022-01-18 |
Type | Misc. Events |
Subtype | Fee Status |
Description | FP:Fee Paid Through Portal |
Docket Date | 2022-01-18 |
Type | Notice |
Subtype | Notice of Appeal |
Description | Notice of Appeal Filed |
On Behalf Of | Geico General Insurance Company |
Classification | NOA Final - County Small Claims - PIP |
Court | 4th District Court of Appeal |
Originating Court |
County Court for the Seventeenth Judicial Circuit, Broward County CONO20-000964 |
Parties
Name | GEICO INDEMNITY COMPANY |
Role | Appellant |
Status | Active |
Representations | Drew Andrew Krieger, Salvatore Thomas Coppolino, Kristen L. Wenger |
Name | Karla Johnson |
Role | Appellee |
Status | Active |
Name | FLORIDA SPINE AND JOINT INSTITUTE, LLC |
Role | Appellee |
Status | Active |
Representations | Jeffrey M. Braxton, Douglas Howard Stein, Robert H. Stein, Lorin Louis Mrachek, Michael W. Kranz |
Name | Hon. John D. Fry |
Role | Judge/Judicial Officer |
Status | Active |
Name | Clerk - Broward |
Role | Lower Tribunal Clerk |
Status | Active |
Docket Entries
Docket Date | 2023-04-13 |
Type | Notice |
Subtype | Notice |
Description | Notice ~ OF CHANGE OF LAW FIRM |
On Behalf Of | Geico Indemnity Company |
Docket Date | 2023-10-20 |
Type | Mandate |
Subtype | Mandate |
Description | Mandate |
View | View File |
Docket Date | 2023-09-28 |
Type | Misc. Events |
Subtype | West Publishing |
Description | West Publishing |
Docket Date | 2023-09-28 |
Type | Order |
Subtype | Order on Motion for Rehearing |
Description | Order on Motion for Rehearing |
View | View File |
Docket Date | 2023-09-06 |
Type | Response |
Subtype | Response |
Description | Response ~ (GEICO) TO MOTION FOR REHEARING. |
On Behalf Of | Geico Indemnity Company |
Docket Date | 2023-08-22 |
Type | Post-Disposition Motions |
Subtype | Motion for Rehearing |
Description | Motion For Rehearing |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2023-08-09 |
Type | Order |
Subtype | Order on Motion For Attorney's Fees |
Description | Deny Attorney's Fees ~ ORDERED that appellant Geico General Insurance Company’s February 6, 2023 motion for attorney's fees and costs is denied. Further,ORDERED that appellee Robert Stein, P.A.’s December 21, 2022 motion for attorney’s fees is denied. |
Docket Date | 2023-08-09 |
Type | Disposition by Opinion |
Subtype | Reversed |
Description | Reversed - Authored Opinion |
Docket Date | 2023-02-06 |
Type | Motions Relating to Attorney Fees/Costs |
Subtype | Motion For Attorney's Fees |
Description | Motion For Attorney's Fees ~ GEICO GENERAL INSURANCE COMPANY'S |
On Behalf Of | Geico Indemnity Company |
Docket Date | 2023-02-06 |
Type | Brief |
Subtype | Reply Brief |
Description | Appellant's Reply Brief |
On Behalf Of | Geico Indemnity Company |
Docket Date | 2023-01-12 |
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 appellant Geico General Insurance Company’s January 11, 2023 motion for extension of time is granted in part, and appellant shall serve the reply brief within fifteen (15) days from the current due date. In addition, if the reply brief is served after the time provided for in this order, it may be stricken. |
Docket Date | 2023-01-11 |
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 | Geico Indemnity Company |
Docket Date | 2022-12-21 |
Type | Brief |
Subtype | Answer Brief |
Description | Appellee's Answer Brief |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-12-21 |
Type | Motions Relating to Attorney Fees/Costs |
Subtype | Motion For Attorney's Fees |
Description | Motion For Attorney's Fees |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-12-08 |
Type | Order |
Subtype | Order on Motion for Extension of Time to Serve Answer Brief |
Description | ORD-Answer Brief to be Served ~ ORDERED that appellee's December 6, 2022 motion for extension of time is granted, and appellee shall serve the answer brief on or before January 23, 2023. In addition, appellee is notified that the failure to serve the brief within the time provided herein will foreclose appellee's right to file a brief or otherwise participate in this appeal, or the court in its discretion may impose other sanctions. Appellee is advised that no further extensions will be granted absent a detailed explanation for why the answer 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. |
Docket Date | 2022-12-06 |
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 | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-11-09 |
Type | Notice |
Subtype | Notice of Agreed Extension of Time - Answer Brief |
Description | Notice of Agreed Extension - Answer Brief |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-11-08 |
Type | Notice |
Subtype | Notice of Appearance |
Description | Notice of Appearance ~ (FILED IN 22-163) |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-09-09 |
Type | Notice |
Subtype | Notice of Agreed Extension of Time - Answer Brief |
Description | Notice of Agreed Extension - Answer Brief |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-08-16 |
Type | Record |
Subtype | Appendix |
Description | Appendix to Brief |
On Behalf Of | Geico Indemnity Company |
Docket Date | 2022-08-15 |
Type | Brief |
Subtype | Initial Brief |
Description | Initial Brief on Merits |
On Behalf Of | Geico Indemnity Company |
Docket Date | 2022-07-26 |
Type | Order |
Subtype | Order on Motion for Extension of Time to Serve Initial Brief |
Description | ORD-Initial Brief to be Served ~ ORDERED that appellants’ July 22, 2022 motion for extension of time is granted in part. Appellants 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. Appellants are 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. |
Docket Date | 2022-07-22 |
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 | Geico Indemnity Company |
Docket Date | 2022-06-15 |
Type | Order |
Subtype | Order on Motion for Extension of Time to Serve Initial Brief |
Description | Order Granting EOT for Initial Brief ~ ORDERED that appellant, GEICO General Insurance Company’s June 10, 2022 motion for extension of time is granted, and appellant shall serve the initial brief on or before August 4, 2022. 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 | 2022-06-10 |
Type | Motions Extensions |
Subtype | Motion for Extension of Time to Serve Initial Brief |
Description | Mot. for Extension of time to file Initial Brief ~ GEICO |
On Behalf Of | Geico Indemnity Company |
Docket Date | 2022-04-26 |
Type | Order |
Subtype | Order on Motion for Extension of Time to Serve Initial Brief |
Description | Order Granting EOT for Initial Brief ~ ORDERED that appellant, GEICO General Insurance Company’s, April 25, 2022 motion for extension of time is granted, and appellant shall serve the initial brief on or before June 20, 2022. 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 | 2022-04-25 |
Type | Order |
Subtype | Order Striking Filing |
Description | Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellant, GEICO Insurance Company’s, April 22, 2022 motion is stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that it is a computer-generated document which does not comply with the font requirements set forth in Rule 9.045(b). See Fla. R. App. P. 9.045(b) (“Computer-generated documents shall be filed in either Arial 14-point font or Bookman Old Style 14-point font.”). An amended document in compliance with Rule 9.045 shall be filed within two (2) days from the date of this order. |
Docket Date | 2022-04-25 |
Type | Motions Extensions |
Subtype | Motion for Extension of Time to Serve Initial Brief |
Description | Mot. for Extension of time to file Initial Brief ~ GEICO |
On Behalf Of | Geico Indemnity Company |
Docket Date | 2022-04-22 |
Type | Motions Extensions |
Subtype | Motion for Extension of Time to Serve Initial Brief |
Description | Mot. for Extension of time to file Initial Brief ~ **STRICKEN** GEICO |
On Behalf Of | Geico Indemnity Company |
Docket Date | 2022-02-16 |
Type | Record |
Subtype | Record on Appeal |
Description | Received Records ~ (22-156) (248 PAGES) |
On Behalf Of | Clerk - Broward |
Docket Date | 2022-02-14 |
Type | Order |
Subtype | Order |
Description | ORD-Sua Sponte ~ Upon consideration of the parties’ February 3, 2022 joint response to this court’s January 21, 2022 order, and appellant Geico Insurance Co.’s February 8, 2022 response, it is ORDERED that case numbers 4D21-2699, 4D21-2957, 4D21-3204, and 4D22-165 are consolidated for all purposes and shall proceed under the time schedule for a final appeal and according to the Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D21-2699. Further,ORDERED that case numbers 4D22-154, 4D22-155, 4D22-157, 4D22-158, 4D22-159, 4D22-162, 4D22-163, 4D22-172, 4D22-173, 4D22-174, 4D22-175, 4D22-178, 4D22-179, 4D22-180, 4D22-181, 4D22-183, 4D22-184, 4D22-187, 4D22-189, 4D22-190, 4D22-191, 4D22-193, 4D22-194, 4D22-195, 4D22-196, 4D22-197, 4D22-198, 4D22-199, 4D22-200, and 4D22-201 are consolidated for all purposes and shall proceed under the time schedule for a final appeal and according to the Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D22-154. Further,ORDERED that the proposed briefing schedule provided in the parties’ February 3, 2022 joint response is adopted. Appellant may file directions to the clerk under Florida Rule of Appellate Procedure 9.200(a) within thirty (30) days from the date of this order, and appellee may file directions for additional documents and exhibits within twenty (20) days thereafter.ORDERED that the parties’ February 3, 2022 request for extension of time is granted in part without prejudice to seeking a further extension if necessary. Appellants shall serve their respective initial briefs within thirty (30) days from the filing of the record on appeal. In addition, if the initial briefs are not served within the time provided for in this order, the above–styled cases may be subject to dismissal or the court in its discretion may impose other sanctions.ORDERED that the captions in case numbers 4D21-2699 and 4D22-154 are corrected to change the name of the appellants to Florida Spine and Joint Institute, LLC and Geico Insurance Co., and the name of the appellee to Robert Stein, P.A. All future filings shall reflect this change. Further,ORDERED that Florida Spine and Joint Institute, LLC’s November 22, 2021 motion to consolidate is denied as moot. Further,ORDERED that this court’s January 24, 2022 order to show cause is discharged. |
Docket Date | 2022-01-27 |
Type | Notice |
Subtype | Notice of Appearance |
Description | Notice of Appearance |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-01-24 |
Type | Order |
Subtype | Order to Show Cause |
Description | Order to Show Cause ~ ORDERED that the parties are to show cause, within ten (10) days from the date of this order, as to why case numbers 4D21-2699, 4D21-2957, 4D21-3204, 4D22-165, 4D22-154, 4D22-155, 4D22-157, 4D22-158, 4D22-159, 4D22-162, 4D22-163, 4D22-172, 4D22-173, 4D22-174, 4D22-175, 4D22-178, 4D22-179, 4D22-180, 4D22-181, 4D22-183, 4D22-184, 4D22-187, 4D22-189, 4D22-190, 4D22-193, 4D22-194, 4D22-195, 4D22-196, 4D22-197, 4D22-198, 4D22-199, 4D22-200, and 4D22-201 should not be consolidated for all purposes. Further,ORDERED that the parties are to address how the briefing will be handled as to the appeals’ differences in awards of attorney’s fees against solely Florida Spine and Joint Institute, LLC, and against both Florida Spine and Joint Institute, LLC, and Geico Insurance Co. |
Docket Date | 2022-01-24 |
Type | Misc. Events |
Subtype | Case Filing Fee Paid through Portal |
Description | Case Filing Fee Paid Through Portal |
On Behalf Of | Geico Indemnity Company |
Docket Date | 2022-01-20 |
Type | Letter |
Subtype | Acknowledgment Letter |
Description | Acknowledgment Letter |
Docket Date | 2022-01-20 |
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 | 2022-01-18 |
Type | Misc. Events |
Subtype | Fee Status |
Description | FP:Fee Paid Through Portal |
Docket Date | 2022-01-18 |
Type | Notice |
Subtype | Notice of Appeal |
Description | Notice of Appeal Filed |
On Behalf Of | Geico Indemnity Company |
Classification | NOA Final - County Small Claims - PIP |
Court | 4th District Court of Appeal |
Originating Court |
County Court for the Seventeenth Judicial Circuit, Broward County CONO19-012777 |
Parties
Name | GEICO GENERAL INSURANCE COMPANY |
Role | Appellant |
Status | Active |
Representations | Salvatore Thomas Coppolino, Drew Andrew Krieger, Kristen L. Wenger |
Name | Carla Brinson |
Role | Appellee |
Status | Active |
Name | FLORIDA SPINE AND JOINT INSTITUTE, LLC |
Role | Appellee |
Status | Active |
Representations | Douglas Howard Stein, Lorin Louis Mrachek, Michael W. Kranz, Robert H. Stein, Jeffrey M. Braxton |
Name | Hon. John D. Fry |
Role | Judge/Judicial Officer |
Status | Active |
Name | Clerk - Broward |
Role | Lower Tribunal Clerk |
Status | Active |
Docket Entries
Docket Date | 2023-10-20 |
Type | Mandate |
Subtype | Mandate |
Description | Mandate |
View | View File |
Docket Date | 2023-09-28 |
Type | Misc. Events |
Subtype | West Publishing |
Description | West Publishing |
Docket Date | 2023-09-28 |
Type | Order |
Subtype | Order on Motion for Rehearing |
Description | Order on Motion for Rehearing |
View | View File |
Docket Date | 2023-09-06 |
Type | Response |
Subtype | Response |
Description | Response ~ (GEICO) TO MOTION FOR REHEARING. |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2023-08-22 |
Type | Post-Disposition Motions |
Subtype | Motion for Rehearing |
Description | Motion For Rehearing |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2023-08-09 |
Type | Disposition by Opinion |
Subtype | Reversed |
Description | Reversed - Authored Opinion |
Docket Date | 2023-08-09 |
Type | Order |
Subtype | Order on Motion For Attorney's Fees |
Description | Deny Attorney's Fees ~ ORDERED that appellant Geico General Insurance Company’s February 6, 2023 motion for attorney's fees and costs is denied. Further,ORDERED that appellee Robert Stein, P.A.’s December 21, 2022 motion for attorney’s fees is denied. |
Docket Date | 2023-04-13 |
Type | Notice |
Subtype | Notice |
Description | Notice ~ OF CHANGE OF LAW FIRM |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2023-02-06 |
Type | Brief |
Subtype | Reply Brief |
Description | Appellant's Reply Brief |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2023-02-06 |
Type | Motions Relating to Attorney Fees/Costs |
Subtype | Motion For Attorney's Fees |
Description | Motion For Attorney's Fees ~ GEICO GENERAL INSURANCE COMPANY'S |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2023-01-12 |
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 appellant Geico General Insurance Company’s January 11, 2023 motion for extension of time is granted in part, and appellant shall serve the reply brief within fifteen (15) days from the current due date. In addition, if the reply brief is served after the time provided for in this order, it may be stricken. |
Docket Date | 2023-01-11 |
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 | Geico General Insurance Company |
Docket Date | 2022-12-21 |
Type | Motions Relating to Attorney Fees/Costs |
Subtype | Motion For Attorney's Fees |
Description | Motion For Attorney's Fees |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-12-21 |
Type | Brief |
Subtype | Answer Brief |
Description | Appellee's Answer Brief |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-12-08 |
Type | Order |
Subtype | Order on Motion for Extension of Time to Serve Answer Brief |
Description | ORD-Answer Brief to be Served ~ ORDERED that appellee's December 6, 2022 motion for extension of time is granted, and appellee shall serve the answer brief on or before January 23, 2023. In addition, appellee is notified that the failure to serve the brief within the time provided herein will foreclose appellee's right to file a brief or otherwise participate in this appeal, or the court in its discretion may impose other sanctions. Appellee is advised that no further extensions will be granted absent a detailed explanation for why the answer 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. |
Docket Date | 2022-12-06 |
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 | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-11-09 |
Type | Notice |
Subtype | Notice of Agreed Extension of Time - Answer Brief |
Description | Notice of Agreed Extension - Answer Brief |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-11-08 |
Type | Notice |
Subtype | Notice of Appearance |
Description | Notice of Appearance ~ (FILED IN 22-163) |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-09-09 |
Type | Notice |
Subtype | Notice of Agreed Extension of Time - Answer Brief |
Description | Notice of Agreed Extension - Answer Brief |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-08-16 |
Type | Record |
Subtype | Appendix |
Description | Appendix to Brief |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2022-08-15 |
Type | Brief |
Subtype | Initial Brief |
Description | Initial Brief on Merits |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2022-07-26 |
Type | Order |
Subtype | Order on Motion for Extension of Time to Serve Initial Brief |
Description | ORD-Initial Brief to be Served ~ ORDERED that appellants’ July 22, 2022 motion for extension of time is granted in part. Appellants 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. Appellants are 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. |
Docket Date | 2022-07-22 |
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 | Geico General Insurance Company |
Docket Date | 2022-06-15 |
Type | Order |
Subtype | Order on Motion for Extension of Time to Serve Initial Brief |
Description | Order Granting EOT for Initial Brief ~ ORDERED that appellant, GEICO General Insurance Company’s June 10, 2022 motion for extension of time is granted, and appellant shall serve the initial brief on or before August 4, 2022. 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 | 2022-06-10 |
Type | Motions Extensions |
Subtype | Motion for Extension of Time to Serve Initial Brief |
Description | Mot. for Extension of time to file Initial Brief ~ GEICO |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2022-04-26 |
Type | Order |
Subtype | Order on Motion for Extension of Time to Serve Initial Brief |
Description | Order Granting EOT for Initial Brief ~ ORDERED that appellant, GEICO General Insurance Company’s, April 25, 2022 motion for extension of time is granted, and appellant shall serve the initial brief on or before June 20, 2022. 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 | 2022-04-25 |
Type | Motions Extensions |
Subtype | Motion for Extension of Time to Serve Initial Brief |
Description | Mot. for Extension of time to file Initial Brief ~ GEICO |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2022-04-25 |
Type | Order |
Subtype | Order Striking Filing |
Description | Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellant, GEICO Insurance Company’s, April 22, 2022 motion is stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that it is a computer-generated document which does not comply with the font requirements set forth in Rule 9.045(b). See Fla. R. App. P. 9.045(b) (“Computer-generated documents shall be filed in either Arial 14-point font or Bookman Old Style 14-point font.”). An amended document in compliance with Rule 9.045 shall be filed within two (2) days from the date of this order. |
Docket Date | 2022-04-22 |
Type | Motions Extensions |
Subtype | Motion for Extension of Time to Serve Initial Brief |
Description | Mot. for Extension of time to file Initial Brief ~ **STRICKEN** GEICO |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2022-02-16 |
Type | Record |
Subtype | Record on Appeal |
Description | Received Records ~ (22-157) (203 PAGES) |
On Behalf Of | Clerk - Broward |
Docket Date | 2022-02-14 |
Type | Order |
Subtype | Order |
Description | ORD-Sua Sponte ~ Upon consideration of the parties’ February 3, 2022 joint response to this court’s January 21, 2022 order, and appellant Geico Insurance Co.’s February 8, 2022 response, it is ORDERED that case numbers 4D21-2699, 4D21-2957, 4D21-3204, and 4D22-165 are consolidated for all purposes and shall proceed under the time schedule for a final appeal and according to the Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D21-2699. Further,ORDERED that case numbers 4D22-154, 4D22-155, 4D22-157, 4D22-158, 4D22-159, 4D22-162, 4D22-163, 4D22-172, 4D22-173, 4D22-174, 4D22-175, 4D22-178, 4D22-179, 4D22-180, 4D22-181, 4D22-183, 4D22-184, 4D22-187, 4D22-189, 4D22-190, 4D22-191, 4D22-193, 4D22-194, 4D22-195, 4D22-196, 4D22-197, 4D22-198, 4D22-199, 4D22-200, and 4D22-201 are consolidated for all purposes and shall proceed under the time schedule for a final appeal and according to the Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D22-154. Further,ORDERED that the proposed briefing schedule provided in the parties’ February 3, 2022 joint response is adopted. Appellant may file directions to the clerk under Florida Rule of Appellate Procedure 9.200(a) within thirty (30) days from the date of this order, and appellee may file directions for additional documents and exhibits within twenty (20) days thereafter.ORDERED that the parties’ February 3, 2022 request for extension of time is granted in part without prejudice to seeking a further extension if necessary. Appellants shall serve their respective initial briefs within thirty (30) days from the filing of the record on appeal. In addition, if the initial briefs are not served within the time provided for in this order, the above–styled cases may be subject to dismissal or the court in its discretion may impose other sanctions.ORDERED that the captions in case numbers 4D21-2699 and 4D22-154 are corrected to change the name of the appellants to Florida Spine and Joint Institute, LLC and Geico Insurance Co., and the name of the appellee to Robert Stein, P.A. All future filings shall reflect this change. Further,ORDERED that Florida Spine and Joint Institute, LLC’s November 22, 2021 motion to consolidate is denied as moot. Further,ORDERED that this court’s January 24, 2022 order to show cause is discharged. |
Docket Date | 2022-01-27 |
Type | Notice |
Subtype | Notice of Appearance |
Description | Notice of Appearance |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-01-24 |
Type | Order |
Subtype | Order to Show Cause |
Description | Order to Show Cause ~ ORDERED that the parties are to show cause, within ten (10) days from the date of this order, as to why case numbers 4D21-2699, 4D21-2957, 4D21-3204, 4D22-165, 4D22-154, 4D22-155, 4D22-157, 4D22-158, 4D22-159, 4D22-162, 4D22-163, 4D22-172, 4D22-173, 4D22-174, 4D22-175, 4D22-178, 4D22-179, 4D22-180, 4D22-181, 4D22-183, 4D22-184, 4D22-187, 4D22-189, 4D22-190, 4D22-193, 4D22-194, 4D22-195, 4D22-196, 4D22-197, 4D22-198, 4D22-199, 4D22-200, and 4D22-201 should not be consolidated for all purposes. Further,ORDERED that the parties are to address how the briefing will be handled as to the appeals’ differences in awards of attorney’s fees against solely Florida Spine and Joint Institute, LLC, and against both Florida Spine and Joint Institute, LLC, and Geico Insurance Co. |
Docket Date | 2022-01-19 |
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 | 2022-01-19 |
Type | Misc. Events |
Subtype | Case Filing Fee Paid through Portal |
Description | Case Filing Fee Paid Through Portal |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2022-01-19 |
Type | Letter |
Subtype | Acknowledgment Letter |
Description | Acknowledgment Letter |
Docket Date | 2022-01-18 |
Type | Misc. Events |
Subtype | Fee Status |
Description | FP:Fee Paid Through Portal |
Docket Date | 2022-01-18 |
Type | Notice |
Subtype | Notice of Appeal |
Description | Notice of Appeal Filed |
On Behalf Of | Geico General Insurance Company |
Classification | NOA Final - County Small Claims - PIP |
Court | 4th District Court of Appeal |
Originating Court |
County Court for the Seventeenth Judicial Circuit, Broward County CONO19-013374 |
Parties
Name | GEICO GENERAL INSURANCE COMPANY |
Role | Appellant |
Status | Active |
Representations | Drew Andrew Krieger, Salvatore Thomas Coppolino, Kristen L. Wenger, George L. Cimballa, III |
Name | Lance Adams |
Role | Appellee |
Status | Active |
Name | FLORIDA SPINE AND JOINT INSTITUTE, LLC |
Role | Appellee |
Status | Active |
Representations | Robert H. Stein, Michael W. Kranz, Lorin Louis Mrachek, Jeffrey M. Braxton, Douglas Howard Stein |
Name | Hon. John D. Fry |
Role | Judge/Judicial Officer |
Status | Active |
Name | Clerk - Broward |
Role | Lower Tribunal Clerk |
Status | Active |
Docket Entries
Docket Date | 2022-08-16 |
Type | Record |
Subtype | Appendix |
Description | Appendix to Brief |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2022-09-09 |
Type | Notice |
Subtype | Notice of Agreed Extension of Time - Answer Brief |
Description | Notice of Agreed Extension - Answer Brief |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-08-15 |
Type | Brief |
Subtype | Initial Brief |
Description | Initial Brief on Merits |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2022-01-18 |
Type | Misc. Events |
Subtype | Fee Status |
Description | FP:Fee Paid Through Portal |
Docket Date | 2022-01-18 |
Type | Notice |
Subtype | Notice of Appeal |
Description | Notice of Appeal Filed |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2022-12-08 |
Type | Order |
Subtype | Order on Motion for Extension of Time to Serve Answer Brief |
Description | ORD-Answer Brief to be Served ~ ORDERED that appellee's December 6, 2022 motion for extension of time is granted, and appellee shall serve the answer brief on or before January 23, 2023. In addition, appellee is notified that the failure to serve the brief within the time provided herein will foreclose appellee's right to file a brief or otherwise participate in this appeal, or the court in its discretion may impose other sanctions. Appellee is advised that no further extensions will be granted absent a detailed explanation for why the answer 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. |
Docket Date | 2023-10-20 |
Type | Mandate |
Subtype | Mandate |
Description | Mandate |
View | View File |
Docket Date | 2023-09-28 |
Type | Misc. Events |
Subtype | West Publishing |
Description | West Publishing |
Docket Date | 2023-09-28 |
Type | Order |
Subtype | Order on Motion for Rehearing |
Description | Order on Motion for Rehearing |
View | View File |
Docket Date | 2023-09-06 |
Type | Response |
Subtype | Response |
Description | Response ~ (GEICO) TO MOTION FOR REHEARING. |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2023-08-22 |
Type | Post-Disposition Motions |
Subtype | Motion for Rehearing |
Description | Motion For Rehearing |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2023-08-09 |
Type | Order |
Subtype | Order on Motion For Attorney's Fees |
Description | Deny Attorney's Fees ~ ORDERED that appellant Geico General Insurance Company’s February 6, 2023 motion for attorney's fees and costs is denied. Further,ORDERED that appellee Robert Stein, P.A.’s December 21, 2022 motion for attorney’s fees is denied. |
Docket Date | 2023-08-09 |
Type | Disposition by Opinion |
Subtype | Reversed |
Description | Reversed - Authored Opinion |
Docket Date | 2023-04-13 |
Type | Notice |
Subtype | Notice |
Description | Notice ~ OF CHANGE OF LAW FIRM |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2023-02-06 |
Type | Brief |
Subtype | Reply Brief |
Description | Appellant's Reply Brief |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2023-02-06 |
Type | Motions Relating to Attorney Fees/Costs |
Subtype | Motion For Attorney's Fees |
Description | Motion For Attorney's Fees ~ GEICO GENERAL INSURANCE COMPANY'S |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2023-01-12 |
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 appellant Geico General Insurance Company’s January 11, 2023 motion for extension of time is granted in part, and appellant shall serve the reply brief within fifteen (15) days from the current due date. In addition, if the reply brief is served after the time provided for in this order, it may be stricken. |
Docket Date | 2023-01-11 |
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 | Geico General Insurance Company |
Docket Date | 2022-12-21 |
Type | Motions Relating to Attorney Fees/Costs |
Subtype | Motion For Attorney's Fees |
Description | Motion For Attorney's Fees |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-12-21 |
Type | Brief |
Subtype | Answer Brief |
Description | Appellee's Answer Brief |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-12-06 |
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 | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-11-09 |
Type | Notice |
Subtype | Notice of Agreed Extension of Time - Answer Brief |
Description | Notice of Agreed Extension - Answer Brief |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-11-08 |
Type | Notice |
Subtype | Notice of Appearance |
Description | Notice of Appearance ~ (FILED IN 22-163) |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-07-26 |
Type | Order |
Subtype | Order on Motion for Extension of Time to Serve Initial Brief |
Description | ORD-Initial Brief to be Served ~ ORDERED that appellants’ July 22, 2022 motion for extension of time is granted in part. Appellants 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. Appellants are 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. |
Docket Date | 2022-07-22 |
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 | Geico General Insurance Company |
Docket Date | 2022-06-15 |
Type | Order |
Subtype | Order on Motion for Extension of Time to Serve Initial Brief |
Description | Order Granting EOT for Initial Brief ~ ORDERED that appellant, GEICO General Insurance Company’s June 10, 2022 motion for extension of time is granted, and appellant shall serve the initial brief on or before August 4, 2022. 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 | 2022-06-10 |
Type | Motions Extensions |
Subtype | Motion for Extension of Time to Serve Initial Brief |
Description | Mot. for Extension of time to file Initial Brief ~ GEICO |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2022-04-26 |
Type | Order |
Subtype | Order on Motion for Extension of Time to Serve Initial Brief |
Description | Order Granting EOT for Initial Brief ~ ORDERED that appellant, GEICO General Insurance Company’s, April 25, 2022 motion for extension of time is granted, and appellant shall serve the initial brief on or before June 20, 2022. 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 | 2022-04-25 |
Type | Motions Extensions |
Subtype | Motion for Extension of Time to Serve Initial Brief |
Description | Mot. for Extension of time to file Initial Brief ~ GEICO |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2022-04-25 |
Type | Order |
Subtype | Order Striking Filing |
Description | Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellant, GEICO Insurance Company’s, April 22, 2022 motion is stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that it is a computer-generated document which does not comply with the font requirements set forth in Rule 9.045(b). See Fla. R. App. P. 9.045(b) (“Computer-generated documents shall be filed in either Arial 14-point font or Bookman Old Style 14-point font.”). An amended document in compliance with Rule 9.045 shall be filed within two (2) days from the date of this order. |
Docket Date | 2022-04-22 |
Type | Motions Extensions |
Subtype | Motion for Extension of Time to Serve Initial Brief |
Description | Mot. for Extension of time to file Initial Brief ~ **STRICKEN** GEICO |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2022-02-16 |
Type | Record |
Subtype | Record on Appeal |
Description | Received Records ~ (22-159) (179 PAGES) |
On Behalf Of | Clerk - Broward |
Docket Date | 2022-01-19 |
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 | 2022-01-19 |
Type | Letter |
Subtype | Acknowledgment Letter |
Description | Acknowledgment Letter |
Docket Date | 2022-02-14 |
Type | Order |
Subtype | Order |
Description | ORD-Sua Sponte ~ Upon consideration of the parties’ February 3, 2022 joint response to this court’s January 21, 2022 order, and appellant Geico Insurance Co.’s February 8, 2022 response, it is ORDERED that case numbers 4D21-2699, 4D21-2957, 4D21-3204, and 4D22-165 are consolidated for all purposes and shall proceed under the time schedule for a final appeal and according to the Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D21-2699. Further,ORDERED that case numbers 4D22-154, 4D22-155, 4D22-157, 4D22-158, 4D22-159, 4D22-162, 4D22-163, 4D22-172, 4D22-173, 4D22-174, 4D22-175, 4D22-178, 4D22-179, 4D22-180, 4D22-181, 4D22-183, 4D22-184, 4D22-187, 4D22-189, 4D22-190, 4D22-191, 4D22-193, 4D22-194, 4D22-195, 4D22-196, 4D22-197, 4D22-198, 4D22-199, 4D22-200, and 4D22-201 are consolidated for all purposes and shall proceed under the time schedule for a final appeal and according to the Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D22-154. Further,ORDERED that the proposed briefing schedule provided in the parties’ February 3, 2022 joint response is adopted. Appellant may file directions to the clerk under Florida Rule of Appellate Procedure 9.200(a) within thirty (30) days from the date of this order, and appellee may file directions for additional documents and exhibits within twenty (20) days thereafter.ORDERED that the parties’ February 3, 2022 request for extension of time is granted in part without prejudice to seeking a further extension if necessary. Appellants shall serve their respective initial briefs within thirty (30) days from the filing of the record on appeal. In addition, if the initial briefs are not served within the time provided for in this order, the above–styled cases may be subject to dismissal or the court in its discretion may impose other sanctions.ORDERED that the captions in case numbers 4D21-2699 and 4D22-154 are corrected to change the name of the appellants to Florida Spine and Joint Institute, LLC and Geico Insurance Co., and the name of the appellee to Robert Stein, P.A. All future filings shall reflect this change. Further,ORDERED that Florida Spine and Joint Institute, LLC’s November 22, 2021 motion to consolidate is denied as moot. Further,ORDERED that this court’s January 24, 2022 order to show cause is discharged. |
Docket Date | 2022-01-27 |
Type | Notice |
Subtype | Notice of Appearance |
Description | Notice of Appearance |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-01-24 |
Type | Order |
Subtype | Order to Show Cause |
Description | Order to Show Cause ~ ORDERED that the parties are to show cause, within ten (10) days from the date of this order, as to why case numbers 4D21-2699, 4D21-2957, 4D21-3204, 4D22-165, 4D22-154, 4D22-155, 4D22-157, 4D22-158, 4D22-159, 4D22-162, 4D22-163, 4D22-172, 4D22-173, 4D22-174, 4D22-175, 4D22-178, 4D22-179, 4D22-180, 4D22-181, 4D22-183, 4D22-184, 4D22-187, 4D22-189, 4D22-190, 4D22-193, 4D22-194, 4D22-195, 4D22-196, 4D22-197, 4D22-198, 4D22-199, 4D22-200, and 4D22-201 should not be consolidated for all purposes. Further,ORDERED that the parties are to address how the briefing will be handled as to the appeals’ differences in awards of attorney’s fees against solely Florida Spine and Joint Institute, LLC, and against both Florida Spine and Joint Institute, LLC, and Geico Insurance Co. |
Docket Date | 2022-01-19 |
Type | Misc. Events |
Subtype | Case Filing Fee Paid through Portal |
Description | Case Filing Fee Paid Through Portal |
On Behalf Of | Geico General Insurance Company |
Classification | NOA Final - County Small Claims - PIP |
Court | 4th District Court of Appeal |
Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County CONO19-010625 County Court for the Seventeenth Judicial Circuit, Broward County CONO19-004539 Circuit Court for the Seventeenth Judicial Circuit, Broward County CONO20-003573 Circuit Court for the Seventeenth Judicial Circuit, Broward County CONO19-003968 Circuit Court for the Seventeenth Judicial Circuit, Broward County CONO19-010968 Circuit Court for the Seventeenth Judicial Circuit, Broward County CONO19-006469 Circuit Court for the Seventeenth Judicial Circuit, Broward County CONO19-004546 Circuit Court for the Seventeenth Judicial Circuit, Broward County CONO20-003088 Circuit Court for the Seventeenth Judicial Circuit, Broward County CONO19-003972 Circuit Court for the Seventeenth Judicial Circuit, Broward County CONO19-012777 Circuit Court for the Seventeenth Judicial Circuit, Broward County CONO19-013361 Circuit Court for the Seventeenth Judicial Circuit, Broward County CONO19-002464 Circuit Court for the Seventeenth Judicial Circuit, Broward County CONO19-010970 Circuit Court for the Seventeenth Judicial Circuit, Broward County CONO19-004854 Circuit Court for the Seventeenth Judicial Circuit, Broward County CONO20-003084 Circuit Court for the Seventeenth Judicial Circuit, Broward County CONO19-005011 Circuit Court for the Seventeenth Judicial Circuit, Broward County CONO20-003578 Circuit Court for the Seventeenth Judicial Circuit, Broward County CONO19-010971 Circuit Court for the Seventeenth Judicial Circuit, Broward County CONO19-013999 Circuit Court for the Seventeenth Judicial Circuit, Broward County CONO19-013374 Circuit Court for the Seventeenth Judicial Circuit, Broward County CONO20-003090 Circuit Court for the Seventeenth Judicial Circuit, Broward County CONO19-014000 Circuit Court for the Seventeenth Judicial Circuit, Broward County CONO19-004539 Circuit Court for the Seventeenth Judicial Circuit, Broward County CONO20-001449 Circuit Court for the Seventeenth Judicial Circuit, Broward County CONO20-003095 Circuit Court for the Seventeenth Judicial Circuit, Broward County CONO19-001122 Circuit Court for the Seventeenth Judicial Circuit, Broward County CONO20-003203 Circuit Court for the Seventeenth Judicial Circuit, Broward County CONO19-004541 Circuit Court for the Seventeenth Judicial Circuit, Broward County CONO20-000964 Circuit Court for the Seventeenth Judicial Circuit, Broward County CONO19-002463 Circuit Court for the Seventeenth Judicial Circuit, Broward County CONO19-009278 Circuit Court for the Seventeenth Judicial Circuit, Broward County CONO19-004861 Circuit Court for the Seventeenth Judicial Circuit, Broward County CONO19-010966 |
Parties
Name | Juan Cordoba |
Role | Appellant |
Status | Active |
Name | FLORIDA SPINE AND JOINT INSTITUTE, LLC |
Role | Appellant |
Status | Active |
Representations | Lorin Louis Mrachek, Alan Benjamin Rose, Michael W. Kranz, Kristen L. Wenger |
Name | GEICO GENERAL INSURANCE COMPANY |
Role | Appellee |
Status | Active |
Representations | Robert H. Stein, Jeffrey M. Braxton |
Name | Hon. John D. Fry |
Role | Judge/Judicial Officer |
Status | Active |
Name | Clerk - Broward |
Role | Lower Tribunal Clerk |
Status | Active |
Docket Entries
Docket Date | 2023-07-10 |
Type | Misc. Events |
Subtype | West Publishing |
Description | West Publishing |
Docket Date | 2023-07-07 |
Type | Mandate |
Subtype | Mandate |
Description | Mandate |
Docket Date | 2023-06-15 |
Type | Disposition by Opinion |
Subtype | Affirmed |
Description | Affirmed - Per Curiam Affirmed |
Docket Date | 2023-01-11 |
Type | Brief |
Subtype | Answer Brief |
Description | Appellee's Answer Brief |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2022-12-06 |
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 | Geico General Insurance Company |
Docket Date | 2022-11-09 |
Type | Notice |
Subtype | Notice of Agreed Extension of Time - Answer Brief |
Description | Notice of Agreed Extension - Answer Brief |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2022-09-09 |
Type | Notice |
Subtype | Notice of Agreed Extension of Time - Answer Brief |
Description | Notice of Agreed Extension - Answer Brief |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2022-08-18 |
Type | Record |
Subtype | Appendix |
Description | Appendix to Brief ~ **SUPPLEMENT** **MOTION GRANTED** |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-08-17 |
Type | Motions Relating to Records |
Subtype | Motion to Supplement Record |
Description | Motion To File Supplemental Record ~ *AMENDED* |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-08-15 |
Type | Motions Relating to Records |
Subtype | Motion to Supplement Record |
Description | Motion To File Supplemental Record |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-08-15 |
Type | Brief |
Subtype | Initial Brief |
Description | Initial Brief on Merits |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-07-21 |
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 | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-06-07 |
Type | Order |
Subtype | Order on Motion for Extension of Time to Serve Initial Brief |
Description | Order Granting EOT for Initial Brief ~ ORDERED that appellants’ June 6, 2022 motion for extension of time is granted, and appellants shall serve the initial brief on or before August 4, 2022. 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 | 2022-06-06 |
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 | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-04-28 |
Type | Order |
Subtype | Order Discharging Show Cause Order |
Description | ORD-Discharging Show Cause ~ ORDERED that, upon consideration of appellant Florida Spine and Joint Institute, LLC’s April 27, 2022 motion for extension of time, this court's April 27, 2022 order to show cause is discharged. Further,ORDERED that appellant Florida Spine and Joint Institute, LLC’s motion for extension is granted, and appellant shall file the initial brief on or before June 20, 2022. 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 | 2022-04-27 |
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 | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-04-27 |
Type | Order |
Subtype | Show Cause |
Description | Show Cause Lack of Prosecution, Initial Brief ~ ORDERED that appellants in the above-styled case are directed to show cause in writing, if any there be, on or before May 9, 2022, 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 | 2022-03-16 |
Type | Record |
Subtype | Record on Appeal |
Description | Received Records ~ 6015 PAGES (PAGES 6381 TO 12155) |
On Behalf Of | Clerk - Broward |
Docket Date | 2022-03-09 |
Type | Record |
Subtype | Record on Appeal |
Description | Received Records ~ 6617 PAGES |
On Behalf Of | Clerk - Broward |
Docket Date | 2022-02-14 |
Type | Order |
Subtype | Order |
Description | ORD-Sua Sponte ~ Upon consideration of the parties’ February 3, 2022 joint response to this court’s January 21, 2022 order, and appellant Geico Insurance Co.’s February 8, 2022 response, it is ORDERED that case numbers 4D21-2699, 4D21-2957, 4D21-3204, and 4D22-165 are consolidated for all purposes and shall proceed under the time schedule for a final appeal and according to the Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D21-2699. Further,ORDERED that case numbers 4D22-154, 4D22-155, 4D22-157, 4D22-158, 4D22-159, 4D22-162, 4D22-163, 4D22-172, 4D22-173, 4D22-174, 4D22-175, 4D22-178, 4D22-179, 4D22-180, 4D22-181, 4D22-183, 4D22-184, 4D22-187, 4D22-189, 4D22-190, 4D22-191, 4D22-193, 4D22-194, 4D22-195, 4D22-196, 4D22-197, 4D22-198, 4D22-199, 4D22-200, and 4D22-201 are consolidated for all purposes and shall proceed under the time schedule for a final appeal and according to the Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D22-154. Further,ORDERED that the proposed briefing schedule provided in the parties’ February 3, 2022 joint response is adopted. Appellant may file directions to the clerk under Florida Rule of Appellate Procedure 9.200(a) within thirty (30) days from the date of this order, and appellee may file directions for additional documents and exhibits within twenty (20) days thereafter.ORDERED that the parties’ February 3, 2022 request for extension of time is granted in part without prejudice to seeking a further extension if necessary. Appellants shall serve their respective initial briefs within thirty (30) days from the filing of the record on appeal. In addition, if the initial briefs are not served within the time provided for in this order, the above–styled cases may be subject to dismissal or the court in its discretion may impose other sanctions.ORDERED that the captions in case numbers 4D21-2699 and 4D22-154 are corrected to change the name of the appellants to Florida Spine and Joint Institute, LLC and Geico Insurance Co., and the name of the appellee to Robert Stein, P.A. All future filings shall reflect this change. Further,ORDERED that Florida Spine and Joint Institute, LLC’s November 22, 2021 motion to consolidate is denied as moot. Further,ORDERED that this court’s January 24, 2022 order to show cause is discharged. |
Docket Date | 2022-02-03 |
Type | Misc. Events |
Subtype | Case Filing Fee Paid through Portal |
Description | Case Filing Fee Paid Through Portal |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-01-27 |
Type | Notice |
Subtype | Notice of Appearance |
Description | Notice of Appearance |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2022-01-24 |
Type | Motions Other |
Subtype | Motion To Consolidate |
Description | Motion To Consolidate |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-01-24 |
Type | Order |
Subtype | Order to Show Cause |
Description | Order to Show Cause ~ ORDERED that the parties are to show cause, within ten (10) days from the date of this order, as to why case numbers 4D21-2699, 4D21-2957, 4D21-3204, 4D22-165, 4D22-154, 4D22-155, 4D22-157, 4D22-158, 4D22-159, 4D22-162, 4D22-163, 4D22-172, 4D22-173, 4D22-174, 4D22-175, 4D22-178, 4D22-179, 4D22-180, 4D22-181, 4D22-183, 4D22-184, 4D22-187, 4D22-189, 4D22-190, 4D22-193, 4D22-194, 4D22-195, 4D22-196, 4D22-197, 4D22-198, 4D22-199, 4D22-200, and 4D22-201 should not be consolidated for all purposes. Further,ORDERED that the parties are to address how the briefing will be handled as to the appeals’ differences in awards of attorney’s fees against solely Florida Spine and Joint Institute, LLC, and against both Florida Spine and Joint Institute, LLC, and Geico Insurance Co. |
Docket Date | 2022-01-18 |
Type | Letter |
Subtype | Acknowledgment Letter |
Description | Acknowledgment Letter |
Docket Date | 2022-01-18 |
Type | Notice |
Subtype | Notice of Appeal |
Description | Notice of Appeal Filed |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-01-18 |
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 | 2022-01-18 |
Type | Misc. Events |
Subtype | Fee Status |
Description | FP:Fee Paid Through Portal |
Classification | NOA Final - County Small Claims - PIP |
Court | 4th District Court of Appeal |
Originating Court |
County Court for the Seventeenth Judicial Circuit, Broward County CONO19-010968 |
Parties
Name | GOVERNMENT EMPLOYEES INSURANCE COMPANY |
Role | Appellant |
Status | Active |
Representations | Kristen L. Wenger, Salvatore Thomas Coppolino, George L. Cimballa, III, Drew Andrew Krieger |
Name | Clerk - Broward |
Role | Lower Tribunal Clerk |
Status | Active |
Name | FLORIDA SPINE AND JOINT INSTITUTE, LLC |
Role | Appellee |
Status | Active |
Representations | Lorin Louis Mrachek, Jeffrey M. Braxton, Michael W. Kranz, Robert H. Stein |
Name | Giovanni Gordon |
Role | Appellee |
Status | Active |
Name | Hon. John D. Fry |
Role | Judge/Judicial Officer |
Status | Active |
Docket Entries
Docket Date | 2023-10-20 |
Type | Mandate |
Subtype | Mandate |
Description | Mandate |
View | View File |
Docket Date | 2023-09-28 |
Type | Misc. Events |
Subtype | West Publishing |
Description | West Publishing |
Docket Date | 2023-09-28 |
Type | Order |
Subtype | Order on Motion for Rehearing |
Description | Order on Motion for Rehearing |
View | View File |
Docket Date | 2023-09-06 |
Type | Response |
Subtype | Response |
Description | Response ~ (GEICO) TO MOTION FOR REHEARING. |
On Behalf Of | Government Employees Insurance Company |
Docket Date | 2023-08-22 |
Type | Post-Disposition Motions |
Subtype | Motion for Rehearing |
Description | Motion For Rehearing |
Docket Date | 2023-08-09 |
Type | Disposition by Opinion |
Subtype | Reversed |
Description | Reversed - Authored Opinion |
Docket Date | 2023-08-09 |
Type | Order |
Subtype | Order on Motion For Attorney's Fees |
Description | Deny Attorney's Fees ~ ORDERED that appellant Geico General Insurance Company’s February 6, 2023 motion for attorney's fees and costs is denied. Further,ORDERED that appellee Robert Stein, P.A.’s December 21, 2022 motion for attorney’s fees is denied. |
Docket Date | 2023-04-13 |
Type | Notice |
Subtype | Notice |
Description | Notice ~ OF CHANGE OF LAW FIRM |
On Behalf Of | Government Employees Insurance Company |
Docket Date | 2023-02-06 |
Type | Motions Relating to Attorney Fees/Costs |
Subtype | Motion For Attorney's Fees |
Description | Motion For Attorney's Fees ~ GEICO GENERAL INSURANCE COMPANY'S |
On Behalf Of | Government Employees Insurance Company |
Docket Date | 2023-02-06 |
Type | Brief |
Subtype | Reply Brief |
Description | Appellant's Reply Brief |
On Behalf Of | Government Employees Insurance Company |
Docket Date | 2023-01-12 |
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 appellant Geico General Insurance Company’s January 11, 2023 motion for extension of time is granted in part, and appellant shall serve the reply brief within fifteen (15) days from the current due date. In addition, if the reply brief is served after the time provided for in this order, it may be stricken. |
Docket Date | 2023-01-11 |
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 | Government Employees Insurance Company |
Docket Date | 2022-12-21 |
Type | Brief |
Subtype | Answer Brief |
Description | Appellee's Answer Brief |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-12-21 |
Type | Motions Relating to Attorney Fees/Costs |
Subtype | Motion For Attorney's Fees |
Description | Motion For Attorney's Fees |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-12-06 |
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 | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-11-09 |
Type | Notice |
Subtype | Notice of Agreed Extension of Time - Answer Brief |
Description | Notice of Agreed Extension - Answer Brief |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-11-08 |
Type | Notice |
Subtype | Notice of Appearance |
Description | Notice of Appearance ~ (FILED IN 22-163) |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-09-09 |
Type | Notice |
Subtype | Notice of Appearance |
Description | Notice of Appearance |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-08-16 |
Type | Record |
Subtype | Appendix |
Description | Appendix to Brief |
On Behalf Of | Government Employees Insurance Company |
Docket Date | 2022-08-15 |
Type | Brief |
Subtype | Initial Brief |
Description | Initial Brief on Merits |
On Behalf Of | Government Employees Insurance Company |
Docket Date | 2022-01-18 |
Type | Misc. Events |
Subtype | Miscellaneous Trial Court Document |
Description | Misc. LT pleadings ~ *Civil Cover Sheet |
Docket Date | 2022-01-18 |
Type | Notice |
Subtype | Notice of Appeal |
Description | Notice of Appeal Filed |
On Behalf Of | Government Employees Insurance Company |
Docket Date | 2022-07-22 |
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 | Government Employees Insurance Company |
Docket Date | 2022-06-15 |
Type | Order |
Subtype | Order on Motion for Extension of Time to Serve Initial Brief |
Description | Order Granting EOT for Initial Brief ~ ORDERED that appellant, GEICO General Insurance Company’s June 10, 2022 motion for extension of time is granted, and appellant shall serve the initial brief on or before August 4, 2022. 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 | 2022-06-10 |
Type | Motions Extensions |
Subtype | Motion for Extension of Time to Serve Initial Brief |
Description | Mot. for Extension of time to file Initial Brief ~ GEICO |
On Behalf Of | Government Employees Insurance Company |
Docket Date | 2022-04-26 |
Type | Order |
Subtype | Order on Motion for Extension of Time to Serve Initial Brief |
Description | Order Granting EOT for Initial Brief ~ ORDERED that appellant, GEICO General Insurance Company’s, April 25, 2022 motion for extension of time is granted, and appellant shall serve the initial brief on or before June 20, 2022. 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 | 2022-04-25 |
Type | Order |
Subtype | Order Striking Filing |
Description | Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellant, GEICO Insurance Company’s, April 22, 2022 motion is stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that it is a computer-generated document which does not comply with the font requirements set forth in Rule 9.045(b). See Fla. R. App. P. 9.045(b) (“Computer-generated documents shall be filed in either Arial 14-point font or Bookman Old Style 14-point font.”). An amended document in compliance with Rule 9.045 shall be filed within two (2) days from the date of this order. |
Docket Date | 2022-04-25 |
Type | Motions Extensions |
Subtype | Motion for Extension of Time to Serve Initial Brief |
Description | Mot. for Extension of time to file Initial Brief ~ GEICO |
On Behalf Of | Government Employees Insurance Company |
Docket Date | 2022-04-22 |
Type | Motions Extensions |
Subtype | Motion for Extension of Time to Serve Initial Brief |
Description | Mot. for Extension of time to file Initial Brief ~ **STRICKEN** GEICO |
On Behalf Of | Government Employees Insurance Company |
Docket Date | 2022-02-16 |
Type | Record |
Subtype | Record on Appeal |
Description | Received Records ~ (22-155) (201 PAGES) |
On Behalf Of | Clerk - Broward |
Docket Date | 2022-01-18 |
Type | Letter |
Subtype | Acknowledgment Letter |
Description | Acknowledgment Letter |
Docket Date | 2022-01-27 |
Type | Notice |
Subtype | Notice of Appearance |
Description | Notice of Appearance |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-01-24 |
Type | Order |
Subtype | Order to Show Cause |
Description | Order to Show Cause ~ ORDERED that the parties are to show cause, within ten (10) days from the date of this order, as to why case numbers 4D21-2699, 4D21-2957, 4D21-3204, 4D22-165, 4D22-154, 4D22-155, 4D22-157, 4D22-158, 4D22-159, 4D22-162, 4D22-163, 4D22-172, 4D22-173, 4D22-174, 4D22-175, 4D22-178, 4D22-179, 4D22-180, 4D22-181, 4D22-183, 4D22-184, 4D22-187, 4D22-189, 4D22-190, 4D22-193, 4D22-194, 4D22-195, 4D22-196, 4D22-197, 4D22-198, 4D22-199, 4D22-200, and 4D22-201 should not be consolidated for all purposes. Further,ORDERED that the parties are to address how the briefing will be handled as to the appeals’ differences in awards of attorney’s fees against solely Florida Spine and Joint Institute, LLC, and against both Florida Spine and Joint Institute, LLC, and Geico Insurance Co. |
Docket Date | 2022-01-19 |
Type | Misc. Events |
Subtype | Case Filing Fee Paid through Portal |
Description | Case Filing Fee Paid Through Portal |
On Behalf Of | Government Employees Insurance Company |
Docket Date | 2022-12-08 |
Type | Order |
Subtype | Order on Motion for Extension of Time to Serve Answer Brief |
Description | ORD-Answer Brief to be Served ~ ORDERED that appellee's December 6, 2022 motion for extension of time is granted, and appellee shall serve the answer brief on or before January 23, 2023. In addition, appellee is notified that the failure to serve the brief within the time provided herein will foreclose appellee's right to file a brief or otherwise participate in this appeal, or the court in its discretion may impose other sanctions. Appellee is advised that no further extensions will be granted absent a detailed explanation for why the answer 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. |
Docket Date | 2022-07-26 |
Type | Order |
Subtype | Order on Motion for Extension of Time to Serve Initial Brief |
Description | ORD-Initial Brief to be Served ~ ORDERED that appellants’ July 22, 2022 motion for extension of time is granted in part. Appellants 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. Appellants are 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. |
Docket Date | 2022-02-14 |
Type | Order |
Subtype | Order |
Description | ORD-Sua Sponte ~ Upon consideration of the parties’ February 3, 2022 joint response to this court’s January 21, 2022 order, and appellant Geico Insurance Co.’s February 8, 2022 response, it is ORDERED that case numbers 4D21-2699, 4D21-2957, 4D21-3204, and 4D22-165 are consolidated for all purposes and shall proceed under the time schedule for a final appeal and according to the Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D21-2699. Further,ORDERED that case numbers 4D22-154, 4D22-155, 4D22-157, 4D22-158, 4D22-159, 4D22-162, 4D22-163, 4D22-172, 4D22-173, 4D22-174, 4D22-175, 4D22-178, 4D22-179, 4D22-180, 4D22-181, 4D22-183, 4D22-184, 4D22-187, 4D22-189, 4D22-190, 4D22-191, 4D22-193, 4D22-194, 4D22-195, 4D22-196, 4D22-197, 4D22-198, 4D22-199, 4D22-200, and 4D22-201 are consolidated for all purposes and shall proceed under the time schedule for a final appeal and according to the Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D22-154. Further,ORDERED that the proposed briefing schedule provided in the parties’ February 3, 2022 joint response is adopted. Appellant may file directions to the clerk under Florida Rule of Appellate Procedure 9.200(a) within thirty (30) days from the date of this order, and appellee may file directions for additional documents and exhibits within twenty (20) days thereafter.ORDERED that the parties’ February 3, 2022 request for extension of time is granted in part without prejudice to seeking a further extension if necessary. Appellants shall serve their respective initial briefs within thirty (30) days from the filing of the record on appeal. In addition, if the initial briefs are not served within the time provided for in this order, the above–styled cases may be subject to dismissal or the court in its discretion may impose other sanctions.ORDERED that the captions in case numbers 4D21-2699 and 4D22-154 are corrected to change the name of the appellants to Florida Spine and Joint Institute, LLC and Geico Insurance Co., and the name of the appellee to Robert Stein, P.A. All future filings shall reflect this change. Further,ORDERED that Florida Spine and Joint Institute, LLC’s November 22, 2021 motion to consolidate is denied as moot. Further,ORDERED that this court’s January 24, 2022 order to show cause is discharged. |
Docket Date | 2022-01-18 |
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. |
Classification | NOA Final - County Small Claims - PIP |
Court | 4th District Court of Appeal |
Originating Court |
County Court for the Seventeenth Judicial Circuit, Broward County CONO19-005011 |
Parties
Name | GEICO GENERAL INSURANCE COMPANY |
Role | Appellant |
Status | Active |
Representations | Drew Andrew Krieger, Salvatore Thomas Coppolino, Kristen L. Wenger |
Name | FLORIDA SPINE AND JOINT INSTITUTE, LLC |
Role | Appellee |
Status | Active |
Representations | Robert H. Stein, Jeffrey M. Braxton, Douglas Howard Stein, Lorin Louis Mrachek, Michael W. Kranz |
Name | Rejeanne Pinckombe |
Role | Appellee |
Status | Active |
Name | Hon. John D. Fry |
Role | Judge/Judicial Officer |
Status | Active |
Name | Clerk - Broward |
Role | Lower Tribunal Clerk |
Status | Active |
Docket Entries
Docket Date | 2022-06-15 |
Type | Order |
Subtype | Order on Motion for Extension of Time to Serve Initial Brief |
Description | Order Granting EOT for Initial Brief ~ ORDERED that appellant, GEICO General Insurance Company’s June 10, 2022 motion for extension of time is granted, and appellant shall serve the initial brief on or before August 4, 2022. 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 | 2022-06-10 |
Type | Motions Extensions |
Subtype | Motion for Extension of Time to Serve Initial Brief |
Description | Mot. for Extension of time to file Initial Brief ~ GEICO |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2022-04-25 |
Type | Order |
Subtype | Order Striking Filing |
Description | Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellant, GEICO Insurance Company’s, April 22, 2022 motion is stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that it is a computer-generated document which does not comply with the font requirements set forth in Rule 9.045(b). See Fla. R. App. P. 9.045(b) (“Computer-generated documents shall be filed in either Arial 14-point font or Bookman Old Style 14-point font.”). An amended document in compliance with Rule 9.045 shall be filed within two (2) days from the date of this order. |
Docket Date | 2022-04-22 |
Type | Motions Extensions |
Subtype | Motion for Extension of Time to Serve Initial Brief |
Description | Mot. for Extension of time to file Initial Brief ~ **STRICKEN** GEICO |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2022-02-16 |
Type | Record |
Subtype | Record on Appeal |
Description | Received Records ~ (22-156) (248 PAGES) |
On Behalf Of | Clerk - Broward |
Docket Date | 2022-04-26 |
Type | Order |
Subtype | Order on Motion for Extension of Time to Serve Initial Brief |
Description | Order Granting EOT for Initial Brief ~ ORDERED that appellant, GEICO General Insurance Company’s, April 25, 2022 motion for extension of time is granted, and appellant shall serve the initial brief on or before June 20, 2022. 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 | 2022-04-25 |
Type | Motions Extensions |
Subtype | Motion for Extension of Time to Serve Initial Brief |
Description | Mot. for Extension of time to file Initial Brief ~ GEICO |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2023-10-20 |
Type | Mandate |
Subtype | Mandate |
Description | Mandate |
View | View File |
Docket Date | 2023-09-28 |
Type | Misc. Events |
Subtype | West Publishing |
Description | West Publishing |
Docket Date | 2023-09-28 |
Type | Order |
Subtype | Order on Motion for Rehearing |
Description | Order on Motion for Rehearing |
View | View File |
Docket Date | 2023-09-06 |
Type | Response |
Subtype | Response |
Description | Response ~ (GEICO) TO MOTION FOR REHEARING. |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2023-08-22 |
Type | Post-Disposition Motions |
Subtype | Motion for Rehearing |
Description | Motion For Rehearing |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2023-08-09 |
Type | Order |
Subtype | Order on Motion For Attorney's Fees |
Description | Deny Attorney's Fees ~ ORDERED that appellant Geico General Insurance Company’s February 6, 2023 motion for attorney's fees and costs is denied. Further,ORDERED that appellee Robert Stein, P.A.’s December 21, 2022 motion for attorney’s fees is denied. |
Docket Date | 2023-08-09 |
Type | Disposition by Opinion |
Subtype | Reversed |
Description | Reversed - Authored Opinion |
Docket Date | 2023-04-13 |
Type | Notice |
Subtype | Notice |
Description | Notice ~ OF CHANGE OF LAW FIRM |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2023-02-06 |
Type | Brief |
Subtype | Reply Brief |
Description | Appellant's Reply Brief |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2023-02-06 |
Type | Motions Relating to Attorney Fees/Costs |
Subtype | Motion For Attorney's Fees |
Description | Motion For Attorney's Fees ~ GEICO GENERAL INSURANCE COMPANY'S |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2023-01-12 |
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 appellant Geico General Insurance Company’s January 11, 2023 motion for extension of time is granted in part, and appellant shall serve the reply brief within fifteen (15) days from the current due date. In addition, if the reply brief is served after the time provided for in this order, it may be stricken. |
Docket Date | 2023-01-11 |
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 | Geico General Insurance Company |
Docket Date | 2022-12-21 |
Type | Motions Relating to Attorney Fees/Costs |
Subtype | Motion For Attorney's Fees |
Description | Motion For Attorney's Fees |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-12-21 |
Type | Brief |
Subtype | Answer Brief |
Description | Appellee's Answer Brief |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-12-08 |
Type | Order |
Subtype | Order on Motion for Extension of Time to Serve Answer Brief |
Description | ORD-Answer Brief to be Served ~ ORDERED that appellee's December 6, 2022 motion for extension of time is granted, and appellee shall serve the answer brief on or before January 23, 2023. In addition, appellee is notified that the failure to serve the brief within the time provided herein will foreclose appellee's right to file a brief or otherwise participate in this appeal, or the court in its discretion may impose other sanctions. Appellee is advised that no further extensions will be granted absent a detailed explanation for why the answer 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. |
Docket Date | 2022-12-06 |
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 | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-11-09 |
Type | Notice |
Subtype | Notice of Agreed Extension of Time - Answer Brief |
Description | Notice of Agreed Extension - Answer Brief |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-11-08 |
Type | Notice |
Subtype | Notice of Appearance |
Description | Notice of Appearance ~ (FILED IN 22-163) |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-09-09 |
Type | Notice |
Subtype | Notice of Agreed Extension of Time - Answer Brief |
Description | Notice of Agreed Extension - Answer Brief |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-08-16 |
Type | Record |
Subtype | Appendix |
Description | Appendix to Brief |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2022-08-15 |
Type | Brief |
Subtype | Initial Brief |
Description | Initial Brief on Merits |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2022-07-26 |
Type | Order |
Subtype | Order on Motion for Extension of Time to Serve Initial Brief |
Description | ORD-Initial Brief to be Served ~ ORDERED that appellants’ July 22, 2022 motion for extension of time is granted in part. Appellants 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. Appellants are 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. |
Docket Date | 2022-07-22 |
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 | Geico General Insurance Company |
Docket Date | 2022-02-14 |
Type | Order |
Subtype | Order |
Description | ORD-Sua Sponte ~ Upon consideration of the parties’ February 3, 2022 joint response to this court’s January 21, 2022 order, and appellant Geico Insurance Co.’s February 8, 2022 response, it is ORDERED that case numbers 4D21-2699, 4D21-2957, 4D21-3204, and 4D22-165 are consolidated for all purposes and shall proceed under the time schedule for a final appeal and according to the Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D21-2699. Further,ORDERED that case numbers 4D22-154, 4D22-155, 4D22-157, 4D22-158, 4D22-159, 4D22-162, 4D22-163, 4D22-172, 4D22-173, 4D22-174, 4D22-175, 4D22-178, 4D22-179, 4D22-180, 4D22-181, 4D22-183, 4D22-184, 4D22-187, 4D22-189, 4D22-190, 4D22-191, 4D22-193, 4D22-194, 4D22-195, 4D22-196, 4D22-197, 4D22-198, 4D22-199, 4D22-200, and 4D22-201 are consolidated for all purposes and shall proceed under the time schedule for a final appeal and according to the Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D22-154. Further,ORDERED that the proposed briefing schedule provided in the parties’ February 3, 2022 joint response is adopted. Appellant may file directions to the clerk under Florida Rule of Appellate Procedure 9.200(a) within thirty (30) days from the date of this order, and appellee may file directions for additional documents and exhibits within twenty (20) days thereafter.ORDERED that the parties’ February 3, 2022 request for extension of time is granted in part without prejudice to seeking a further extension if necessary. Appellants shall serve their respective initial briefs within thirty (30) days from the filing of the record on appeal. In addition, if the initial briefs are not served within the time provided for in this order, the above–styled cases may be subject to dismissal or the court in its discretion may impose other sanctions.ORDERED that the captions in case numbers 4D21-2699 and 4D22-154 are corrected to change the name of the appellants to Florida Spine and Joint Institute, LLC and Geico Insurance Co., and the name of the appellee to Robert Stein, P.A. All future filings shall reflect this change. Further,ORDERED that Florida Spine and Joint Institute, LLC’s November 22, 2021 motion to consolidate is denied as moot. Further,ORDERED that this court’s January 24, 2022 order to show cause is discharged. |
Docket Date | 2022-01-27 |
Type | Notice |
Subtype | Notice of Appearance |
Description | Notice of Appearance |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-01-24 |
Type | Misc. Events |
Subtype | Case Filing Fee Paid through Portal |
Description | Case Filing Fee Paid Through Portal |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2022-01-24 |
Type | Order |
Subtype | Order to Show Cause |
Description | Order to Show Cause ~ ORDERED that the parties are to show cause, within ten (10) days from the date of this order, as to why case numbers 4D21-2699, 4D21-2957, 4D21-3204, 4D22-165, 4D22-154, 4D22-155, 4D22-157, 4D22-158, 4D22-159, 4D22-162, 4D22-163, 4D22-172, 4D22-173, 4D22-174, 4D22-175, 4D22-178, 4D22-179, 4D22-180, 4D22-181, 4D22-183, 4D22-184, 4D22-187, 4D22-189, 4D22-190, 4D22-193, 4D22-194, 4D22-195, 4D22-196, 4D22-197, 4D22-198, 4D22-199, 4D22-200, and 4D22-201 should not be consolidated for all purposes. Further,ORDERED that the parties are to address how the briefing will be handled as to the appeals’ differences in awards of attorney’s fees against solely Florida Spine and Joint Institute, LLC, and against both Florida Spine and Joint Institute, LLC, and Geico Insurance Co. |
Docket Date | 2022-01-20 |
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 | 2022-01-20 |
Type | Letter |
Subtype | Acknowledgment Letter |
Description | Acknowledgment Letter |
Docket Date | 2022-01-18 |
Type | Misc. Events |
Subtype | Miscellaneous Trial Court Document |
Description | Misc. LT pleadings ~ Civil Cover Sheet |
Docket Date | 2022-01-18 |
Type | Notice |
Subtype | Notice of Appeal |
Description | Notice of Appeal Filed |
On Behalf Of | Geico General Insurance Company |
Classification | NOA Final - County Small Claims - PIP |
Court | 4th District Court of Appeal |
Originating Court |
County Court for the Seventeenth Judicial Circuit, Broward County CONO19-002464 |
Parties
Name | GEICO GENERAL INSURANCE COMPANY |
Role | Appellant |
Status | Active |
Representations | Salvatore Thomas Coppolino, Drew Andrew Krieger, Kristen L. Wenger |
Name | FLORIDA SPINE AND JOINT INSTITUTE, LLC |
Role | Appellee |
Status | Active |
Representations | Jeffrey M. Braxton, Michael W. Kranz, Robert H. Stein, Lorin Louis Mrachek, Douglas Howard Stein |
Name | Carlos Barral |
Role | Appellee |
Status | Active |
Name | SOUTH FLORIDA PAIN & REHABILITATION OF HIALEAH, LLC |
Role | Appellee |
Status | Active |
Name | Hon. John D. Fry |
Role | Judge/Judicial Officer |
Status | Active |
Name | Clerk - Broward |
Role | Lower Tribunal Clerk |
Status | Active |
Docket Entries
Docket Date | 2023-09-28 |
Type | Order |
Subtype | Order on Motion for Rehearing |
Description | Order on Motion for Rehearing |
View | View File |
Docket Date | 2023-09-06 |
Type | Response |
Subtype | Response |
Description | Response ~ (GEICO) TO MOTION FOR REHEARING. |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2023-08-22 |
Type | Post-Disposition Motions |
Subtype | Motion for Rehearing |
Description | Motion For Rehearing |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2023-08-09 |
Type | Disposition by Opinion |
Subtype | Reversed |
Description | Reversed - Authored Opinion |
Docket Date | 2023-10-20 |
Type | Mandate |
Subtype | Mandate |
Description | Mandate |
View | View File |
Docket Date | 2023-09-28 |
Type | Misc. Events |
Subtype | West Publishing |
Description | West Publishing |
Docket Date | 2023-08-09 |
Type | Order |
Subtype | Order on Motion For Attorney's Fees |
Description | Deny Attorney's Fees ~ ORDERED that appellant Geico General Insurance Company’s February 6, 2023 motion for attorney's fees and costs is denied. Further,ORDERED that appellee Robert Stein, P.A.’s December 21, 2022 motion for attorney’s fees is denied. |
Docket Date | 2023-04-13 |
Type | Notice |
Subtype | Notice |
Description | Notice ~ OF CHANGE OF LAW FIRM |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2023-02-06 |
Type | Motions Relating to Attorney Fees/Costs |
Subtype | Motion For Attorney's Fees |
Description | Motion For Attorney's Fees ~ GEICO GENERAL INSURANCE COMPANY'S |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2023-02-06 |
Type | Brief |
Subtype | Reply Brief |
Description | Appellant's Reply Brief |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2023-01-12 |
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 appellant Geico General Insurance Company’s January 11, 2023 motion for extension of time is granted in part, and appellant shall serve the reply brief within fifteen (15) days from the current due date. In addition, if the reply brief is served after the time provided for in this order, it may be stricken. |
Docket Date | 2023-01-11 |
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 | Geico General Insurance Company |
Docket Date | 2022-12-21 |
Type | Motions Relating to Attorney Fees/Costs |
Subtype | Motion For Attorney's Fees |
Description | Motion For Attorney's Fees |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-12-21 |
Type | Brief |
Subtype | Answer Brief |
Description | Appellee's Answer Brief |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-12-08 |
Type | Order |
Subtype | Order on Motion for Extension of Time to Serve Answer Brief |
Description | ORD-Answer Brief to be Served ~ ORDERED that appellee's December 6, 2022 motion for extension of time is granted, and appellee shall serve the answer brief on or before January 23, 2023. In addition, appellee is notified that the failure to serve the brief within the time provided herein will foreclose appellee's right to file a brief or otherwise participate in this appeal, or the court in its discretion may impose other sanctions. Appellee is advised that no further extensions will be granted absent a detailed explanation for why the answer 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. |
Docket Date | 2022-12-06 |
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 | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-11-09 |
Type | Notice |
Subtype | Notice of Agreed Extension of Time - Answer Brief |
Description | Notice of Agreed Extension - Answer Brief |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-11-08 |
Type | Notice |
Subtype | Notice of Appearance |
Description | Notice of Appearance ~ (FILED IN 22-163) |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-09-09 |
Type | Notice |
Subtype | Notice of Agreed Extension of Time - Answer Brief |
Description | Notice of Agreed Extension - Answer Brief |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-08-16 |
Type | Record |
Subtype | Appendix |
Description | Appendix to Brief |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2022-08-15 |
Type | Brief |
Subtype | Initial Brief |
Description | Initial Brief on Merits |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2022-07-26 |
Type | Order |
Subtype | Order on Motion for Extension of Time to Serve Initial Brief |
Description | ORD-Initial Brief to be Served ~ ORDERED that appellants’ July 22, 2022 motion for extension of time is granted in part. Appellants 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. Appellants are 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. |
Docket Date | 2022-07-22 |
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 | Geico General Insurance Company |
Docket Date | 2022-06-15 |
Type | Order |
Subtype | Order on Motion for Extension of Time to Serve Initial Brief |
Description | Order Granting EOT for Initial Brief ~ ORDERED that appellant, GEICO General Insurance Company’s June 10, 2022 motion for extension of time is granted, and appellant shall serve the initial brief on or before August 4, 2022. 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 | 2022-06-10 |
Type | Motions Extensions |
Subtype | Motion for Extension of Time to Serve Initial Brief |
Description | Mot. for Extension of time to file Initial Brief ~ GEICO |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2022-04-26 |
Type | Order |
Subtype | Order on Motion for Extension of Time to Serve Initial Brief |
Description | Order Granting EOT for Initial Brief ~ ORDERED that appellant, GEICO General Insurance Company’s, April 25, 2022 motion for extension of time is granted, and appellant shall serve the initial brief on or before June 20, 2022. 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 | 2022-04-25 |
Type | Order |
Subtype | Order Striking Filing |
Description | Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellant, GEICO Insurance Company’s, April 22, 2022 motion is stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that it is a computer-generated document which does not comply with the font requirements set forth in Rule 9.045(b). See Fla. R. App. P. 9.045(b) (“Computer-generated documents shall be filed in either Arial 14-point font or Bookman Old Style 14-point font.”). An amended document in compliance with Rule 9.045 shall be filed within two (2) days from the date of this order. |
Docket Date | 2022-04-25 |
Type | Motions Extensions |
Subtype | Motion for Extension of Time to Serve Initial Brief |
Description | Mot. for Extension of time to file Initial Brief ~ GEICO |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2022-04-22 |
Type | Motions Extensions |
Subtype | Motion for Extension of Time to Serve Initial Brief |
Description | Mot. for Extension of time to file Initial Brief ~ **STRICKEN** GEICO |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2022-02-16 |
Type | Record |
Subtype | Record on Appeal |
Description | Received Records ~ (22-159) (179 PAGES) |
On Behalf Of | Clerk - Broward |
Docket Date | 2022-02-14 |
Type | Order |
Subtype | Order |
Description | ORD-Sua Sponte ~ Upon consideration of the parties’ February 3, 2022 joint response to this court’s January 21, 2022 order, and appellant Geico Insurance Co.’s February 8, 2022 response, it is ORDERED that case numbers 4D21-2699, 4D21-2957, 4D21-3204, and 4D22-165 are consolidated for all purposes and shall proceed under the time schedule for a final appeal and according to the Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D21-2699. Further,ORDERED that case numbers 4D22-154, 4D22-155, 4D22-157, 4D22-158, 4D22-159, 4D22-162, 4D22-163, 4D22-172, 4D22-173, 4D22-174, 4D22-175, 4D22-178, 4D22-179, 4D22-180, 4D22-181, 4D22-183, 4D22-184, 4D22-187, 4D22-189, 4D22-190, 4D22-191, 4D22-193, 4D22-194, 4D22-195, 4D22-196, 4D22-197, 4D22-198, 4D22-199, 4D22-200, and 4D22-201 are consolidated for all purposes and shall proceed under the time schedule for a final appeal and according to the Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D22-154. Further,ORDERED that the proposed briefing schedule provided in the parties’ February 3, 2022 joint response is adopted. Appellant may file directions to the clerk under Florida Rule of Appellate Procedure 9.200(a) within thirty (30) days from the date of this order, and appellee may file directions for additional documents and exhibits within twenty (20) days thereafter.ORDERED that the parties’ February 3, 2022 request for extension of time is granted in part without prejudice to seeking a further extension if necessary. Appellants shall serve their respective initial briefs within thirty (30) days from the filing of the record on appeal. In addition, if the initial briefs are not served within the time provided for in this order, the above–styled cases may be subject to dismissal or the court in its discretion may impose other sanctions.ORDERED that the captions in case numbers 4D21-2699 and 4D22-154 are corrected to change the name of the appellants to Florida Spine and Joint Institute, LLC and Geico Insurance Co., and the name of the appellee to Robert Stein, P.A. All future filings shall reflect this change. Further,ORDERED that Florida Spine and Joint Institute, LLC’s November 22, 2021 motion to consolidate is denied as moot. Further,ORDERED that this court’s January 24, 2022 order to show cause is discharged. |
Docket Date | 2022-01-27 |
Type | Notice |
Subtype | Notice of Appearance |
Description | Notice of Appearance |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-01-24 |
Type | Order |
Subtype | Order to Show Cause |
Description | Order to Show Cause ~ ORDERED that the parties are to show cause, within ten (10) days from the date of this order, as to why case numbers 4D21-2699, 4D21-2957, 4D21-3204, 4D22-165, 4D22-154, 4D22-155, 4D22-157, 4D22-158, 4D22-159, 4D22-162, 4D22-163, 4D22-172, 4D22-173, 4D22-174, 4D22-175, 4D22-178, 4D22-179, 4D22-180, 4D22-181, 4D22-183, 4D22-184, 4D22-187, 4D22-189, 4D22-190, 4D22-193, 4D22-194, 4D22-195, 4D22-196, 4D22-197, 4D22-198, 4D22-199, 4D22-200, and 4D22-201 should not be consolidated for all purposes. Further,ORDERED that the parties are to address how the briefing will be handled as to the appeals’ differences in awards of attorney’s fees against solely Florida Spine and Joint Institute, LLC, and against both Florida Spine and Joint Institute, LLC, and Geico Insurance Co. |
Docket Date | 2022-01-24 |
Type | Misc. Events |
Subtype | Case Filing Fee Paid through Portal |
Description | Case Filing Fee Paid Through Portal |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2022-01-20 |
Type | Letter |
Subtype | Acknowledgment Letter |
Description | Acknowledgment Letter |
Docket Date | 2022-01-20 |
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 | 2022-01-19 |
Type | Misc. Events |
Subtype | Miscellaneous Trial Court Document |
Description | Misc. LT pleadings ~ Civil Cover Sheet |
Docket Date | 2022-01-18 |
Type | Notice |
Subtype | Notice of Appeal |
Description | Notice of Appeal Filed |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2022-01-18 |
Type | Misc. Events |
Subtype | Fee Status |
Description | FP:Fee Paid Through Portal |
Classification | NOA Final - County Small Claims - PIP |
Court | 4th District Court of Appeal |
Originating Court |
County Court for the Seventeenth Judicial Circuit, Broward County CONO19-004541 |
Parties
Name | GEICO GENERAL INSURANCE COMPANY |
Role | Appellant |
Status | Active |
Representations | Salvatore Thomas Coppolino, Kristen L. Wenger, Drew Andrew Krieger |
Name | FLORIDA SPINE AND JOINT INSTITUTE, LLC |
Role | Appellee |
Status | Active |
Representations | Jeffrey M. Braxton, Lorin Louis Mrachek, Robert H. Stein, Michael W. Kranz |
Name | Ana Gabriela Delgado |
Role | Appellee |
Status | Active |
Name | Hon. John D. Fry |
Role | Judge/Judicial Officer |
Status | Active |
Name | Clerk - Broward |
Role | Lower Tribunal Clerk |
Status | Active |
Docket Entries
Docket Date | 2023-10-20 |
Type | Mandate |
Subtype | Mandate |
Description | Mandate |
View | View File |
Docket Date | 2023-09-28 |
Type | Misc. Events |
Subtype | West Publishing |
Description | West Publishing |
Docket Date | 2023-09-28 |
Type | Order |
Subtype | Order on Motion for Rehearing |
Description | Order on Motion for Rehearing |
View | View File |
Docket Date | 2023-09-06 |
Type | Response |
Subtype | Response |
Description | Response ~ (GEICO) TO MOTION FOR REHEARING. |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2023-08-22 |
Type | Post-Disposition Motions |
Subtype | Motion for Rehearing |
Description | Motion For Rehearing |
Docket Date | 2023-08-09 |
Type | Disposition by Opinion |
Subtype | Reversed |
Description | Reversed - Authored Opinion |
Docket Date | 2023-08-09 |
Type | Order |
Subtype | Order on Motion For Attorney's Fees |
Description | Deny Attorney's Fees ~ ORDERED that appellant Geico General Insurance Company’s February 6, 2023 motion for attorney's fees and costs is denied. Further,ORDERED that appellee Robert Stein, P.A.’s December 21, 2022 motion for attorney’s fees is denied. |
Docket Date | 2023-04-13 |
Type | Notice |
Subtype | Notice |
Description | Notice ~ OF CHANGE OF LAW FIRM |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2023-02-06 |
Type | Brief |
Subtype | Reply Brief |
Description | Appellant's Reply Brief |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2023-02-06 |
Type | Motions Relating to Attorney Fees/Costs |
Subtype | Motion For Attorney's Fees |
Description | Motion For Attorney's Fees ~ GEICO GENERAL INSURANCE COMPANY'S |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2023-01-12 |
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 appellant Geico General Insurance Company’s January 11, 2023 motion for extension of time is granted in part, and appellant shall serve the reply brief within fifteen (15) days from the current due date. In addition, if the reply brief is served after the time provided for in this order, it may be stricken. |
Docket Date | 2023-01-11 |
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 | Geico General Insurance Company |
Docket Date | 2022-12-21 |
Type | Brief |
Subtype | Answer Brief |
Description | Appellee's Answer Brief |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-12-21 |
Type | Motions Relating to Attorney Fees/Costs |
Subtype | Motion For Attorney's Fees |
Description | Motion For Attorney's Fees |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-12-08 |
Type | Order |
Subtype | Order on Motion for Extension of Time to Serve Answer Brief |
Description | ORD-Answer Brief to be Served ~ ORDERED that appellee's December 6, 2022 motion for extension of time is granted, and appellee shall serve the answer brief on or before January 23, 2023. In addition, appellee is notified that the failure to serve the brief within the time provided herein will foreclose appellee's right to file a brief or otherwise participate in this appeal, or the court in its discretion may impose other sanctions. Appellee is advised that no further extensions will be granted absent a detailed explanation for why the answer 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. |
Docket Date | 2022-12-06 |
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 | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-11-09 |
Type | Notice |
Subtype | Notice of Agreed Extension of Time - Answer Brief |
Description | Notice of Agreed Extension - Answer Brief |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-11-08 |
Type | Notice |
Subtype | Notice of Appearance |
Description | Notice of Appearance ~ (FILED IN 22-163) |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-09-09 |
Type | Notice |
Subtype | Notice of Agreed Extension of Time - Answer Brief |
Description | Notice of Agreed Extension - Answer Brief |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-08-16 |
Type | Record |
Subtype | Appendix |
Description | Appendix to Brief |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2022-08-15 |
Type | Brief |
Subtype | Initial Brief |
Description | Initial Brief on Merits |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2022-07-26 |
Type | Order |
Subtype | Order on Motion for Extension of Time to Serve Initial Brief |
Description | ORD-Initial Brief to be Served ~ ORDERED that appellants’ July 22, 2022 motion for extension of time is granted in part. Appellants 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. Appellants are 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. |
Docket Date | 2022-07-22 |
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 | Geico General Insurance Company |
Docket Date | 2022-06-15 |
Type | Order |
Subtype | Order on Motion for Extension of Time to Serve Initial Brief |
Description | Order Granting EOT for Initial Brief ~ ORDERED that appellant, GEICO General Insurance Company’s June 10, 2022 motion for extension of time is granted, and appellant shall serve the initial brief on or before August 4, 2022. 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 | 2022-06-10 |
Type | Motions Extensions |
Subtype | Motion for Extension of Time to Serve Initial Brief |
Description | Mot. for Extension of time to file Initial Brief ~ GEICO |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2022-04-26 |
Type | Order |
Subtype | Order on Motion for Extension of Time to Serve Initial Brief |
Description | Order Granting EOT for Initial Brief ~ ORDERED that appellant, GEICO General Insurance Company’s, April 25, 2022 motion for extension of time is granted, and appellant shall serve the initial brief on or before June 20, 2022. 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 | 2022-04-25 |
Type | Motions Extensions |
Subtype | Motion for Extension of Time to Serve Initial Brief |
Description | Mot. for Extension of time to file Initial Brief ~ GEICO |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2022-04-25 |
Type | Order |
Subtype | Order Striking Filing |
Description | Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellant, GEICO Insurance Company’s, April 22, 2022 motion is stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that it is a computer-generated document which does not comply with the font requirements set forth in Rule 9.045(b). See Fla. R. App. P. 9.045(b) (“Computer-generated documents shall be filed in either Arial 14-point font or Bookman Old Style 14-point font.”). An amended document in compliance with Rule 9.045 shall be filed within two (2) days from the date of this order. |
Docket Date | 2022-04-22 |
Type | Motions Extensions |
Subtype | Motion for Extension of Time to Serve Initial Brief |
Description | Mot. for Extension of time to file Initial Brief ~ **STRICKEN** GEICO |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2022-02-16 |
Type | Record |
Subtype | Record on Appeal |
Description | Received Records ~ (216 PAGES) |
On Behalf Of | Clerk - Broward |
Docket Date | 2022-01-18 |
Type | Notice |
Subtype | Notice of Appeal |
Description | Notice of Appeal Filed |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2022-01-18 |
Type | Letter |
Subtype | Acknowledgment Letter |
Description | Acknowledgment Letter |
Docket Date | 2022-01-18 |
Type | Misc. Events |
Subtype | Miscellaneous Trial Court Document |
Description | Misc. LT pleadings ~ Civil Cover Sheet |
Docket Date | 2022-02-14 |
Type | Order |
Subtype | Order |
Description | ORD-Sua Sponte ~ Upon consideration of the parties’ February 3, 2022 joint response to this court’s January 21, 2022 order, and appellant Geico Insurance Co.’s February 8, 2022 response, it is ORDERED that case numbers 4D21-2699, 4D21-2957, 4D21-3204, and 4D22-165 are consolidated for all purposes and shall proceed under the time schedule for a final appeal and according to the Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D21-2699. Further,ORDERED that case numbers 4D22-154, 4D22-155, 4D22-157, 4D22-158, 4D22-159, 4D22-162, 4D22-163, 4D22-172, 4D22-173, 4D22-174, 4D22-175, 4D22-178, 4D22-179, 4D22-180, 4D22-181, 4D22-183, 4D22-184, 4D22-187, 4D22-189, 4D22-190, 4D22-191, 4D22-193, 4D22-194, 4D22-195, 4D22-196, 4D22-197, 4D22-198, 4D22-199, 4D22-200, and 4D22-201 are consolidated for all purposes and shall proceed under the time schedule for a final appeal and according to the Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D22-154. Further,ORDERED that the proposed briefing schedule provided in the parties’ February 3, 2022 joint response is adopted. Appellant may file directions to the clerk under Florida Rule of Appellate Procedure 9.200(a) within thirty (30) days from the date of this order, and appellee may file directions for additional documents and exhibits within twenty (20) days thereafter.ORDERED that the parties’ February 3, 2022 request for extension of time is granted in part without prejudice to seeking a further extension if necessary. Appellants shall serve their respective initial briefs within thirty (30) days from the filing of the record on appeal. In addition, if the initial briefs are not served within the time provided for in this order, the above–styled cases may be subject to dismissal or the court in its discretion may impose other sanctions.ORDERED that the captions in case numbers 4D21-2699 and 4D22-154 are corrected to change the name of the appellants to Florida Spine and Joint Institute, LLC and Geico Insurance Co., and the name of the appellee to Robert Stein, P.A. All future filings shall reflect this change. Further,ORDERED that Florida Spine and Joint Institute, LLC’s November 22, 2021 motion to consolidate is denied as moot. Further,ORDERED that this court’s January 24, 2022 order to show cause is discharged. |
Docket Date | 2022-01-24 |
Type | Order |
Subtype | Order to Show Cause |
Description | Order to Show Cause ~ ORDERED that the parties are to show cause, within ten (10) days from the date of this order, as to why case numbers 4D21-2699, 4D21-2957, 4D21-3204, 4D22-165, 4D22-154, 4D22-155, 4D22-157, 4D22-158, 4D22-159, 4D22-162, 4D22-163, 4D22-172, 4D22-173, 4D22-174, 4D22-175, 4D22-178, 4D22-179, 4D22-180, 4D22-181, 4D22-183, 4D22-184, 4D22-187, 4D22-189, 4D22-190, 4D22-193, 4D22-194, 4D22-195, 4D22-196, 4D22-197, 4D22-198, 4D22-199, 4D22-200, and 4D22-201 should not be consolidated for all purposes. Further,ORDERED that the parties are to address how the briefing will be handled as to the appeals’ differences in awards of attorney’s fees against solely Florida Spine and Joint Institute, LLC, and against both Florida Spine and Joint Institute, LLC, and Geico Insurance Co. |
Docket Date | 2022-01-19 |
Type | Misc. Events |
Subtype | Case Filing Fee Paid through Portal |
Description | Case Filing Fee Paid Through Portal |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2022-01-18 |
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. |
Classification | NOA Final - County Small Claims - PIP |
Court | 4th District Court of Appeal |
Originating Court |
County Court for the Seventeenth Judicial Circuit, Broward County CONO19-010971 |
Parties
Name | GEICO GENERAL INSURANCE COMPANY |
Role | Appellant |
Status | Active |
Representations | Salvatore Thomas Coppolino, Drew Andrew Krieger, Kristen L. Wenger, George L. Cimballa, III |
Name | Cienid Caraballo |
Role | Appellee |
Status | Active |
Name | FLORIDA SPINE AND JOINT INSTITUTE, LLC |
Role | Appellee |
Status | Active |
Representations | Michael W. Kranz, Robert H. Stein, Lorin Louis Mrachek, Jeffrey M. Braxton |
Name | Hon. John D. Fry |
Role | Judge/Judicial Officer |
Status | Active |
Name | Clerk - Broward |
Role | Lower Tribunal Clerk |
Status | Active |
Docket Entries
Docket Date | 2023-08-09 |
Type | Disposition by Opinion |
Subtype | Reversed |
Description | Reversed - Authored Opinion |
Docket Date | 2023-08-09 |
Type | Order |
Subtype | Order on Motion For Attorney's Fees |
Description | Deny Attorney's Fees ~ ORDERED that appellant Geico General Insurance Company’s February 6, 2023 motion for attorney's fees and costs is denied. Further,ORDERED that appellee Robert Stein, P.A.’s December 21, 2022 motion for attorney’s fees is denied. |
Docket Date | 2023-04-13 |
Type | Notice |
Subtype | Notice |
Description | Notice ~ OF CHANGE OF LAW FIRM |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2023-02-06 |
Type | Motions Relating to Attorney Fees/Costs |
Subtype | Motion For Attorney's Fees |
Description | Motion For Attorney's Fees ~ GEICO GENERAL INSURANCE COMPANY'S |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2023-02-06 |
Type | Brief |
Subtype | Reply Brief |
Description | Appellant's Reply Brief |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2023-10-20 |
Type | Mandate |
Subtype | Mandate |
Description | Mandate |
View | View File |
Docket Date | 2023-09-28 |
Type | Misc. Events |
Subtype | West Publishing |
Description | West Publishing |
Docket Date | 2023-09-28 |
Type | Order |
Subtype | Order on Motion for Rehearing |
Description | Order on Motion for Rehearing |
View | View File |
Docket Date | 2023-09-06 |
Type | Response |
Subtype | Response |
Description | Response ~ (GEICO) TO MOTION FOR REHEARING. |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2023-08-22 |
Type | Post-Disposition Motions |
Subtype | Motion for Rehearing |
Description | Motion For Rehearing |
Docket Date | 2023-01-12 |
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 appellant Geico General Insurance Company’s January 11, 2023 motion for extension of time is granted in part, and appellant shall serve the reply brief within fifteen (15) days from the current due date. In addition, if the reply brief is served after the time provided for in this order, it may be stricken. |
Docket Date | 2023-01-11 |
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 | Geico General Insurance Company |
Docket Date | 2022-12-21 |
Type | Brief |
Subtype | Answer Brief |
Description | Appellee's Answer Brief |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-12-21 |
Type | Motions Relating to Attorney Fees/Costs |
Subtype | Motion For Attorney's Fees |
Description | Motion For Attorney's Fees |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-12-08 |
Type | Order |
Subtype | Order on Motion for Extension of Time to Serve Answer Brief |
Description | ORD-Answer Brief to be Served ~ ORDERED that appellee's December 6, 2022 motion for extension of time is granted, and appellee shall serve the answer brief on or before January 23, 2023. In addition, appellee is notified that the failure to serve the brief within the time provided herein will foreclose appellee's right to file a brief or otherwise participate in this appeal, or the court in its discretion may impose other sanctions. Appellee is advised that no further extensions will be granted absent a detailed explanation for why the answer 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. |
Docket Date | 2022-12-06 |
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 | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-11-09 |
Type | Notice |
Subtype | Notice of Agreed Extension of Time - Answer Brief |
Description | Notice of Agreed Extension - Answer Brief |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-11-08 |
Type | Notice |
Subtype | Notice of Appearance |
Description | Notice of Appearance ~ (FILED IN 22-163) |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-09-09 |
Type | Notice |
Subtype | Notice of Agreed Extension of Time - Answer Brief |
Description | Notice of Agreed Extension - Answer Brief |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-08-16 |
Type | Record |
Subtype | Appendix |
Description | Appendix to Brief |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2022-08-15 |
Type | Brief |
Subtype | Initial Brief |
Description | Initial Brief on Merits |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2022-07-26 |
Type | Order |
Subtype | Order on Motion for Extension of Time to Serve Initial Brief |
Description | ORD-Initial Brief to be Served ~ ORDERED that appellants’ July 22, 2022 motion for extension of time is granted in part. Appellants 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. Appellants are 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. |
Docket Date | 2022-07-22 |
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 | Geico General Insurance Company |
Docket Date | 2022-06-15 |
Type | Order |
Subtype | Order on Motion for Extension of Time to Serve Initial Brief |
Description | Order Granting EOT for Initial Brief ~ ORDERED that appellant, GEICO General Insurance Company’s June 10, 2022 motion for extension of time is granted, and appellant shall serve the initial brief on or before August 4, 2022. 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 | 2022-06-10 |
Type | Motions Extensions |
Subtype | Motion for Extension of Time to Serve Initial Brief |
Description | Mot. for Extension of time to file Initial Brief ~ GEICO |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2022-04-26 |
Type | Order |
Subtype | Order on Motion for Extension of Time to Serve Initial Brief |
Description | Order Granting EOT for Initial Brief ~ ORDERED that appellant, GEICO General Insurance Company’s, April 25, 2022 motion for extension of time is granted, and appellant shall serve the initial brief on or before June 20, 2022. 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 | 2022-04-25 |
Type | Motions Extensions |
Subtype | Motion for Extension of Time to Serve Initial Brief |
Description | Mot. for Extension of time to file Initial Brief ~ GEICO |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2022-04-25 |
Type | Order |
Subtype | Order Striking Filing |
Description | Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellant, GEICO Insurance Company’s, April 22, 2022 motion is stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that it is a computer-generated document which does not comply with the font requirements set forth in Rule 9.045(b). See Fla. R. App. P. 9.045(b) (“Computer-generated documents shall be filed in either Arial 14-point font or Bookman Old Style 14-point font.”). An amended document in compliance with Rule 9.045 shall be filed within two (2) days from the date of this order. |
Docket Date | 2022-04-22 |
Type | Motions Extensions |
Subtype | Motion for Extension of Time to Serve Initial Brief |
Description | Mot. for Extension of time to file Initial Brief ~ **STRICKEN** GEICO |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2022-02-16 |
Type | Record |
Subtype | Record on Appeal |
Description | Received Records ~ (22-155) (201 PAGES) |
On Behalf Of | Clerk - Broward |
Docket Date | 2022-02-14 |
Type | Order |
Subtype | Order |
Description | ORD-Sua Sponte ~ Upon consideration of the parties’ February 3, 2022 joint response to this court’s January 21, 2022 order, and appellant Geico Insurance Co.’s February 8, 2022 response, it is ORDERED that case numbers 4D21-2699, 4D21-2957, 4D21-3204, and 4D22-165 are consolidated for all purposes and shall proceed under the time schedule for a final appeal and according to the Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D21-2699. Further,ORDERED that case numbers 4D22-154, 4D22-155, 4D22-157, 4D22-158, 4D22-159, 4D22-162, 4D22-163, 4D22-172, 4D22-173, 4D22-174, 4D22-175, 4D22-178, 4D22-179, 4D22-180, 4D22-181, 4D22-183, 4D22-184, 4D22-187, 4D22-189, 4D22-190, 4D22-191, 4D22-193, 4D22-194, 4D22-195, 4D22-196, 4D22-197, 4D22-198, 4D22-199, 4D22-200, and 4D22-201 are consolidated for all purposes and shall proceed under the time schedule for a final appeal and according to the Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D22-154. Further,ORDERED that the proposed briefing schedule provided in the parties’ February 3, 2022 joint response is adopted. Appellant may file directions to the clerk under Florida Rule of Appellate Procedure 9.200(a) within thirty (30) days from the date of this order, and appellee may file directions for additional documents and exhibits within twenty (20) days thereafter.ORDERED that the parties’ February 3, 2022 request for extension of time is granted in part without prejudice to seeking a further extension if necessary. Appellants shall serve their respective initial briefs within thirty (30) days from the filing of the record on appeal. In addition, if the initial briefs are not served within the time provided for in this order, the above–styled cases may be subject to dismissal or the court in its discretion may impose other sanctions.ORDERED that the captions in case numbers 4D21-2699 and 4D22-154 are corrected to change the name of the appellants to Florida Spine and Joint Institute, LLC and Geico Insurance Co., and the name of the appellee to Robert Stein, P.A. All future filings shall reflect this change. Further,ORDERED that Florida Spine and Joint Institute, LLC’s November 22, 2021 motion to consolidate is denied as moot. Further,ORDERED that this court’s January 24, 2022 order to show cause is discharged. |
Docket Date | 2022-01-27 |
Type | Notice |
Subtype | Notice of Appearance |
Description | Notice of Appearance |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-01-24 |
Type | Order |
Subtype | Order to Show Cause |
Description | Order to Show Cause ~ ORDERED that the parties are to show cause, within ten (10) days from the date of this order, as to why case numbers 4D21-2699, 4D21-2957, 4D21-3204, 4D22-165, 4D22-154, 4D22-155, 4D22-157, 4D22-158, 4D22-159, 4D22-162, 4D22-163, 4D22-172, 4D22-173, 4D22-174, 4D22-175, 4D22-178, 4D22-179, 4D22-180, 4D22-181, 4D22-183, 4D22-184, 4D22-187, 4D22-189, 4D22-190, 4D22-193, 4D22-194, 4D22-195, 4D22-196, 4D22-197, 4D22-198, 4D22-199, 4D22-200, and 4D22-201 should not be consolidated for all purposes. Further,ORDERED that the parties are to address how the briefing will be handled as to the appeals’ differences in awards of attorney’s fees against solely Florida Spine and Joint Institute, LLC, and against both Florida Spine and Joint Institute, LLC, and Geico Insurance Co. |
Docket Date | 2022-01-19 |
Type | Misc. Events |
Subtype | Case Filing Fee Paid through Portal |
Description | Case Filing Fee Paid Through Portal |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2022-01-19 |
Type | Letter |
Subtype | Acknowledgment Letter |
Description | Acknowledgment Letter |
Docket Date | 2022-01-19 |
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 | 2022-01-18 |
Type | Notice |
Subtype | Notice of Appeal |
Description | Notice of Appeal Filed |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2022-01-18 |
Type | Misc. Events |
Subtype | Fee Status |
Description | FP:Fee Paid Through Portal |
Classification | NOA Final - County Small Claims - PIP |
Court | 4th District Court of Appeal |
Originating Court |
County Court for the Seventeenth Judicial Circuit, Broward County CONO19-004854 |
Parties
Name | GEICO GENERAL INSURANCE COMPANY |
Role | Appellant |
Status | Active |
Representations | Kristen L. Wenger, Salvatore Thomas Coppolino, Drew Andrew Krieger, George L. Cimballa, III |
Name | Asyia Clayton |
Role | Appellee |
Status | Active |
Name | FLORIDA SPINE AND JOINT INSTITUTE, LLC |
Role | Appellee |
Status | Active |
Representations | Jeffrey M. Braxton, Lorin Louis Mrachek, Robert H. Stein, Michael W. Kranz |
Name | Hon. John D. Fry |
Role | Judge/Judicial Officer |
Status | Active |
Name | Clerk - Broward |
Role | Lower Tribunal Clerk |
Status | Active |
Docket Entries
Docket Date | 2023-01-11 |
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 | Geico General Insurance Company |
Docket Date | 2022-12-21 |
Type | Brief |
Subtype | Answer Brief |
Description | Appellee's Answer Brief |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-12-21 |
Type | Motions Relating to Attorney Fees/Costs |
Subtype | Motion For Attorney's Fees |
Description | Motion For Attorney's Fees |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2023-02-06 |
Type | Motions Relating to Attorney Fees/Costs |
Subtype | Motion For Attorney's Fees |
Description | Motion For Attorney's Fees ~ GEICO GENERAL INSURANCE COMPANY'S |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2023-01-12 |
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 appellant Geico General Insurance Company’s January 11, 2023 motion for extension of time is granted in part, and appellant shall serve the reply brief within fifteen (15) days from the current due date. In addition, if the reply brief is served after the time provided for in this order, it may be stricken. |
Docket Date | 2023-08-09 |
Type | Order |
Subtype | Order on Motion For Attorney's Fees |
Description | Deny Attorney's Fees ~ ORDERED that appellant Geico General Insurance Company’s February 6, 2023 motion for attorney's fees and costs is denied. Further,ORDERED that appellee Robert Stein, P.A.’s December 21, 2022 motion for attorney’s fees is denied. |
Docket Date | 2023-04-13 |
Type | Notice |
Subtype | Notice |
Description | Notice ~ OF CHANGE OF LAW FIRM |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2023-02-06 |
Type | Brief |
Subtype | Reply Brief |
Description | Appellant's Reply Brief |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2023-10-20 |
Type | Mandate |
Subtype | Mandate |
Description | Mandate |
View | View File |
Docket Date | 2023-09-28 |
Type | Misc. Events |
Subtype | West Publishing |
Description | West Publishing |
Docket Date | 2023-09-28 |
Type | Order |
Subtype | Order on Motion for Rehearing |
Description | Order on Motion for Rehearing |
View | View File |
Docket Date | 2023-09-06 |
Type | Response |
Subtype | Response |
Description | Response ~ (GEICO) TO MOTION FOR REHEARING. |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2023-08-22 |
Type | Post-Disposition Motions |
Subtype | Motion for Rehearing |
Description | Motion For Rehearing |
Docket Date | 2023-08-09 |
Type | Disposition by Opinion |
Subtype | Reversed |
Description | Reversed - Authored Opinion |
Docket Date | 2022-12-08 |
Type | Order |
Subtype | Order on Motion for Extension of Time to Serve Answer Brief |
Description | ORD-Answer Brief to be Served ~ ORDERED that appellee's December 6, 2022 motion for extension of time is granted, and appellee shall serve the answer brief on or before January 23, 2023. In addition, appellee is notified that the failure to serve the brief within the time provided herein will foreclose appellee's right to file a brief or otherwise participate in this appeal, or the court in its discretion may impose other sanctions. Appellee is advised that no further extensions will be granted absent a detailed explanation for why the answer 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. |
Docket Date | 2022-12-06 |
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 | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-11-09 |
Type | Notice |
Subtype | Notice of Agreed Extension of Time - Answer Brief |
Description | Notice of Agreed Extension - Answer Brief |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-11-08 |
Type | Notice |
Subtype | Notice of Appearance |
Description | Notice of Appearance ~ (FILED IN 22-163) |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-09-09 |
Type | Notice |
Subtype | Notice of Agreed Extension of Time - Answer Brief |
Description | Notice of Agreed Extension - Answer Brief |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-08-16 |
Type | Record |
Subtype | Appendix |
Description | Appendix to Brief |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2022-08-15 |
Type | Brief |
Subtype | Initial Brief |
Description | Initial Brief on Merits |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2022-07-26 |
Type | Order |
Subtype | Order on Motion for Extension of Time to Serve Initial Brief |
Description | ORD-Initial Brief to be Served ~ ORDERED that appellants’ July 22, 2022 motion for extension of time is granted in part. Appellants 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. Appellants are 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. |
Docket Date | 2022-07-22 |
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 | Geico General Insurance Company |
Docket Date | 2022-06-15 |
Type | Order |
Subtype | Order on Motion for Extension of Time to Serve Initial Brief |
Description | Order Granting EOT for Initial Brief ~ ORDERED that appellant, GEICO General Insurance Company’s June 10, 2022 motion for extension of time is granted, and appellant shall serve the initial brief on or before August 4, 2022. 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 | 2022-06-10 |
Type | Motions Extensions |
Subtype | Motion for Extension of Time to Serve Initial Brief |
Description | Mot. for Extension of time to file Initial Brief ~ GEICO |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2022-04-26 |
Type | Order |
Subtype | Order on Motion for Extension of Time to Serve Initial Brief |
Description | Order Granting EOT for Initial Brief ~ ORDERED that appellant, GEICO General Insurance Company’s, April 25, 2022 motion for extension of time is granted, and appellant shall serve the initial brief on or before June 20, 2022. 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 | 2022-04-25 |
Type | Order |
Subtype | Order Striking Filing |
Description | Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellant, GEICO Insurance Company’s, April 22, 2022 motion is stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that it is a computer-generated document which does not comply with the font requirements set forth in Rule 9.045(b). See Fla. R. App. P. 9.045(b) (“Computer-generated documents shall be filed in either Arial 14-point font or Bookman Old Style 14-point font.”). An amended document in compliance with Rule 9.045 shall be filed within two (2) days from the date of this order. |
Docket Date | 2022-04-25 |
Type | Motions Extensions |
Subtype | Motion for Extension of Time to Serve Initial Brief |
Description | Mot. for Extension of time to file Initial Brief ~ GEICO |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2022-04-22 |
Type | Motions Extensions |
Subtype | Motion for Extension of Time to Serve Initial Brief |
Description | Mot. for Extension of time to file Initial Brief ~ **STRICKEN** GEICO |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2022-02-16 |
Type | Record |
Subtype | Record on Appeal |
Description | Received Records ~ (22-157) (203 PAGES) |
On Behalf Of | Clerk - Broward |
Docket Date | 2022-02-14 |
Type | Order |
Subtype | Order |
Description | ORD-Sua Sponte ~ Upon consideration of the parties’ February 3, 2022 joint response to this court’s January 21, 2022 order, and appellant Geico Insurance Co.’s February 8, 2022 response, it is ORDERED that case numbers 4D21-2699, 4D21-2957, 4D21-3204, and 4D22-165 are consolidated for all purposes and shall proceed under the time schedule for a final appeal and according to the Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D21-2699. Further,ORDERED that case numbers 4D22-154, 4D22-155, 4D22-157, 4D22-158, 4D22-159, 4D22-162, 4D22-163, 4D22-172, 4D22-173, 4D22-174, 4D22-175, 4D22-178, 4D22-179, 4D22-180, 4D22-181, 4D22-183, 4D22-184, 4D22-187, 4D22-189, 4D22-190, 4D22-191, 4D22-193, 4D22-194, 4D22-195, 4D22-196, 4D22-197, 4D22-198, 4D22-199, 4D22-200, and 4D22-201 are consolidated for all purposes and shall proceed under the time schedule for a final appeal and according to the Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D22-154. Further,ORDERED that the proposed briefing schedule provided in the parties’ February 3, 2022 joint response is adopted. Appellant may file directions to the clerk under Florida Rule of Appellate Procedure 9.200(a) within thirty (30) days from the date of this order, and appellee may file directions for additional documents and exhibits within twenty (20) days thereafter.ORDERED that the parties’ February 3, 2022 request for extension of time is granted in part without prejudice to seeking a further extension if necessary. Appellants shall serve their respective initial briefs within thirty (30) days from the filing of the record on appeal. In addition, if the initial briefs are not served within the time provided for in this order, the above–styled cases may be subject to dismissal or the court in its discretion may impose other sanctions.ORDERED that the captions in case numbers 4D21-2699 and 4D22-154 are corrected to change the name of the appellants to Florida Spine and Joint Institute, LLC and Geico Insurance Co., and the name of the appellee to Robert Stein, P.A. All future filings shall reflect this change. Further,ORDERED that Florida Spine and Joint Institute, LLC’s November 22, 2021 motion to consolidate is denied as moot. Further,ORDERED that this court’s January 24, 2022 order to show cause is discharged. |
Docket Date | 2022-01-27 |
Type | Notice |
Subtype | Notice of Appearance |
Description | Notice of Appearance |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-01-24 |
Type | Order |
Subtype | Order to Show Cause |
Description | Order to Show Cause ~ ORDERED that the parties are to show cause, within ten (10) days from the date of this order, as to why case numbers 4D21-2699, 4D21-2957, 4D21-3204, 4D22-165, 4D22-154, 4D22-155, 4D22-157, 4D22-158, 4D22-159, 4D22-162, 4D22-163, 4D22-172, 4D22-173, 4D22-174, 4D22-175, 4D22-178, 4D22-179, 4D22-180, 4D22-181, 4D22-183, 4D22-184, 4D22-187, 4D22-189, 4D22-190, 4D22-193, 4D22-194, 4D22-195, 4D22-196, 4D22-197, 4D22-198, 4D22-199, 4D22-200, and 4D22-201 should not be consolidated for all purposes. Further,ORDERED that the parties are to address how the briefing will be handled as to the appeals’ differences in awards of attorney’s fees against solely Florida Spine and Joint Institute, LLC, and against both Florida Spine and Joint Institute, LLC, and Geico Insurance Co. |
Docket Date | 2022-01-19 |
Type | Misc. Events |
Subtype | Case Filing Fee Paid through Portal |
Description | Case Filing Fee Paid Through Portal |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2022-01-18 |
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 | 2022-01-18 |
Type | Misc. Events |
Subtype | Fee Status |
Description | FP:Fee Paid Through Portal |
Docket Date | 2022-01-18 |
Type | Letter |
Subtype | Acknowledgment Letter |
Description | Acknowledgment Letter |
Docket Date | 2022-01-18 |
Type | Notice |
Subtype | Notice of Appeal |
Description | Notice of Appeal Filed |
On Behalf Of | Geico General Insurance Company |
Classification | NOA Final - County Small Claims - PIP |
Court | 4th District Court of Appeal |
Originating Court |
County Court for the Seventeenth Judicial Circuit, Broward County CONO20-003088 |
Parties
Name | GEICO GENERAL INSURANCE COMPANY |
Role | Appellant |
Status | Active |
Representations | Salvatore Thomas Coppolino, Drew Andrew Krieger, Kristen L. Wenger, George L. Cimballa, III |
Name | FLORIDA SPINE AND JOINT INSTITUTE, LLC |
Role | Appellee |
Status | Active |
Representations | Lorin Louis Mrachek, Douglas Howard Stein, Robert H. Stein, Michael W. Kranz, Jeffrey M. Braxton |
Name | Adrian Rosario |
Role | Appellee |
Status | Active |
Name | Hon. John D. Fry |
Role | Judge/Judicial Officer |
Status | Active |
Name | Clerk - Broward |
Role | Lower Tribunal Clerk |
Status | Active |
Docket Entries
Docket Date | 2022-09-09 |
Type | Notice |
Subtype | Notice of Appearance |
Description | Notice of Appearance |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-08-16 |
Type | Record |
Subtype | Appendix |
Description | Appendix to Brief |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2022-08-15 |
Type | Brief |
Subtype | Initial Brief |
Description | Initial Brief on Merits |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2022-01-18 |
Type | Misc. Events |
Subtype | Fee Status |
Description | FP:Fee Paid Through Portal |
Docket Date | 2022-01-18 |
Type | Notice |
Subtype | Notice of Appeal |
Description | Notice of Appeal Filed |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2022-12-08 |
Type | Order |
Subtype | Order on Motion for Extension of Time to Serve Answer Brief |
Description | ORD-Answer Brief to be Served ~ ORDERED that appellee's December 6, 2022 motion for extension of time is granted, and appellee shall serve the answer brief on or before January 23, 2023. In addition, appellee is notified that the failure to serve the brief within the time provided herein will foreclose appellee's right to file a brief or otherwise participate in this appeal, or the court in its discretion may impose other sanctions. Appellee is advised that no further extensions will be granted absent a detailed explanation for why the answer 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. |
Docket Date | 2023-10-20 |
Type | Mandate |
Subtype | Mandate |
Description | Mandate |
View | View File |
Docket Date | 2023-09-28 |
Type | Misc. Events |
Subtype | West Publishing |
Description | West Publishing |
Docket Date | 2023-09-28 |
Type | Order |
Subtype | Order on Motion for Rehearing |
Description | Order on Motion for Rehearing |
View | View File |
Docket Date | 2023-09-06 |
Type | Response |
Subtype | Response |
Description | Response ~ (GEICO) TO MOTION FOR REHEARING. |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2023-08-22 |
Type | Post-Disposition Motions |
Subtype | Motion for Rehearing |
Description | Motion For Rehearing |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2023-08-09 |
Type | Disposition by Opinion |
Subtype | Reversed |
Description | Reversed - Authored Opinion |
Docket Date | 2023-08-09 |
Type | Order |
Subtype | Order on Motion For Attorney's Fees |
Description | Deny Attorney's Fees ~ ORDERED that appellant Geico General Insurance Company’s February 6, 2023 motion for attorney's fees and costs is denied. Further,ORDERED that appellee Robert Stein, P.A.’s December 21, 2022 motion for attorney’s fees is denied. |
Docket Date | 2023-04-13 |
Type | Notice |
Subtype | Notice |
Description | Notice ~ OF CHANGE OF LAW FIRM |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2023-02-06 |
Type | Motions Relating to Attorney Fees/Costs |
Subtype | Motion For Attorney's Fees |
Description | Motion For Attorney's Fees ~ GEICO GENERAL INSURANCE COMPANY'S |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2023-02-06 |
Type | Brief |
Subtype | Reply Brief |
Description | Appellant's Reply Brief |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2023-01-12 |
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 appellant Geico General Insurance Company’s January 11, 2023 motion for extension of time is granted in part, and appellant shall serve the reply brief within fifteen (15) days from the current due date. In addition, if the reply brief is served after the time provided for in this order, it may be stricken. |
Docket Date | 2023-01-11 |
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 | Geico General Insurance Company |
Docket Date | 2022-12-21 |
Type | Brief |
Subtype | Answer Brief |
Description | Appellee's Answer Brief |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-12-21 |
Type | Motions Relating to Attorney Fees/Costs |
Subtype | Motion For Attorney's Fees |
Description | Motion For Attorney's Fees |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-12-06 |
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 | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-11-09 |
Type | Notice |
Subtype | Notice of Agreed Extension of Time - Answer Brief |
Description | Notice of Agreed Extension - Answer Brief |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-11-08 |
Type | Notice |
Subtype | Notice of Appearance |
Description | Notice of Appearance ~ (FILED IN 22-163) |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-07-26 |
Type | Order |
Subtype | Order on Motion for Extension of Time to Serve Initial Brief |
Description | ORD-Initial Brief to be Served ~ ORDERED that appellants’ July 22, 2022 motion for extension of time is granted in part. Appellants 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. Appellants are 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. |
Docket Date | 2022-07-22 |
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 | Geico General Insurance Company |
Docket Date | 2022-06-15 |
Type | Order |
Subtype | Order on Motion for Extension of Time to Serve Initial Brief |
Description | Order Granting EOT for Initial Brief ~ ORDERED that appellant, GEICO General Insurance Company’s June 10, 2022 motion for extension of time is granted, and appellant shall serve the initial brief on or before August 4, 2022. 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 | 2022-06-10 |
Type | Motions Extensions |
Subtype | Motion for Extension of Time to Serve Initial Brief |
Description | Mot. for Extension of time to file Initial Brief ~ GEICO |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2022-04-26 |
Type | Order |
Subtype | Order on Motion for Extension of Time to Serve Initial Brief |
Description | Order Granting EOT for Initial Brief ~ ORDERED that appellant, GEICO General Insurance Company’s, April 25, 2022 motion for extension of time is granted, and appellant shall serve the initial brief on or before June 20, 2022. 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 | 2022-04-25 |
Type | Motions Extensions |
Subtype | Motion for Extension of Time to Serve Initial Brief |
Description | Mot. for Extension of time to file Initial Brief ~ GEICO |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2022-04-25 |
Type | Order |
Subtype | Order Striking Filing |
Description | Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellant, GEICO Insurance Company’s, April 22, 2022 motion is stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that it is a computer-generated document which does not comply with the font requirements set forth in Rule 9.045(b). See Fla. R. App. P. 9.045(b) (“Computer-generated documents shall be filed in either Arial 14-point font or Bookman Old Style 14-point font.”). An amended document in compliance with Rule 9.045 shall be filed within two (2) days from the date of this order. |
Docket Date | 2022-04-22 |
Type | Motions Extensions |
Subtype | Motion for Extension of Time to Serve Initial Brief |
Description | Mot. for Extension of time to file Initial Brief ~ **STRICKEN** GEICO |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2022-02-16 |
Type | Record |
Subtype | Record on Appeal |
Description | Received Records ~ (22-156) (248 PAGES) |
On Behalf Of | Clerk - Broward |
Docket Date | 2022-01-19 |
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 | 2022-01-19 |
Type | Misc. Events |
Subtype | Case Filing Fee Paid through Portal |
Description | Case Filing Fee Paid Through Portal |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2022-02-14 |
Type | Order |
Subtype | Order |
Description | ORD-Sua Sponte ~ Upon consideration of the parties’ February 3, 2022 joint response to this court’s January 21, 2022 order, and appellant Geico Insurance Co.’s February 8, 2022 response, it is ORDERED that case numbers 4D21-2699, 4D21-2957, 4D21-3204, and 4D22-165 are consolidated for all purposes and shall proceed under the time schedule for a final appeal and according to the Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D21-2699. Further,ORDERED that case numbers 4D22-154, 4D22-155, 4D22-157, 4D22-158, 4D22-159, 4D22-162, 4D22-163, 4D22-172, 4D22-173, 4D22-174, 4D22-175, 4D22-178, 4D22-179, 4D22-180, 4D22-181, 4D22-183, 4D22-184, 4D22-187, 4D22-189, 4D22-190, 4D22-191, 4D22-193, 4D22-194, 4D22-195, 4D22-196, 4D22-197, 4D22-198, 4D22-199, 4D22-200, and 4D22-201 are consolidated for all purposes and shall proceed under the time schedule for a final appeal and according to the Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D22-154. Further,ORDERED that the proposed briefing schedule provided in the parties’ February 3, 2022 joint response is adopted. Appellant may file directions to the clerk under Florida Rule of Appellate Procedure 9.200(a) within thirty (30) days from the date of this order, and appellee may file directions for additional documents and exhibits within twenty (20) days thereafter.ORDERED that the parties’ February 3, 2022 request for extension of time is granted in part without prejudice to seeking a further extension if necessary. Appellants shall serve their respective initial briefs within thirty (30) days from the filing of the record on appeal. In addition, if the initial briefs are not served within the time provided for in this order, the above–styled cases may be subject to dismissal or the court in its discretion may impose other sanctions.ORDERED that the captions in case numbers 4D21-2699 and 4D22-154 are corrected to change the name of the appellants to Florida Spine and Joint Institute, LLC and Geico Insurance Co., and the name of the appellee to Robert Stein, P.A. All future filings shall reflect this change. Further,ORDERED that Florida Spine and Joint Institute, LLC’s November 22, 2021 motion to consolidate is denied as moot. Further,ORDERED that this court’s January 24, 2022 order to show cause is discharged. |
Docket Date | 2022-01-27 |
Type | Notice |
Subtype | Notice of Appearance |
Description | Notice of Appearance |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-01-24 |
Type | Order |
Subtype | Order to Show Cause |
Description | Order to Show Cause ~ ORDERED that the parties are to show cause, within ten (10) days from the date of this order, as to why case numbers 4D21-2699, 4D21-2957, 4D21-3204, 4D22-165, 4D22-154, 4D22-155, 4D22-157, 4D22-158, 4D22-159, 4D22-162, 4D22-163, 4D22-172, 4D22-173, 4D22-174, 4D22-175, 4D22-178, 4D22-179, 4D22-180, 4D22-181, 4D22-183, 4D22-184, 4D22-187, 4D22-189, 4D22-190, 4D22-193, 4D22-194, 4D22-195, 4D22-196, 4D22-197, 4D22-198, 4D22-199, 4D22-200, and 4D22-201 should not be consolidated for all purposes. Further,ORDERED that the parties are to address how the briefing will be handled as to the appeals’ differences in awards of attorney’s fees against solely Florida Spine and Joint Institute, LLC, and against both Florida Spine and Joint Institute, LLC, and Geico Insurance Co. |
Docket Date | 2022-01-19 |
Type | Letter |
Subtype | Acknowledgment Letter |
Description | Acknowledgment Letter |
Classification | NOA Final - County Small Claims - PIP |
Court | 4th District Court of Appeal |
Originating Court |
County Court for the Seventeenth Judicial Circuit, Broward County CONO20-003084 |
Parties
Name | GOVERNMENT EMPLOYEES INSURANCE COMPANY |
Role | Appellant |
Status | Active |
Representations | Kristen L. Wenger, George L. Cimballa, III, Drew Andrew Krieger, Salvatore Thomas Coppolino |
Name | FLORIDA SPINE AND JOINT INSTITUTE, LLC |
Role | Appellee |
Status | Active |
Representations | Michael W. Kranz, Lorin Louis Mrachek, Jeffrey M. Braxton, Robert H. Stein |
Name | FRANCISCO ORTIZ LLC |
Role | Appellee |
Status | Active |
Name | Hon. John D. Fry |
Role | Judge/Judicial Officer |
Status | Active |
Name | Clerk - Broward |
Role | Lower Tribunal Clerk |
Status | Active |
Docket Entries
Docket Date | 2023-10-20 |
Type | Mandate |
Subtype | Mandate |
Description | Mandate |
View | View File |
Docket Date | 2023-09-28 |
Type | Misc. Events |
Subtype | West Publishing |
Description | West Publishing |
Docket Date | 2023-09-28 |
Type | Order |
Subtype | Order on Motion for Rehearing |
Description | Order on Motion for Rehearing |
View | View File |
Docket Date | 2023-09-06 |
Type | Response |
Subtype | Response |
Description | Response ~ (GEICO) TO MOTION FOR REHEARING. |
On Behalf Of | Government Employees Insurance Company |
Docket Date | 2023-08-22 |
Type | Post-Disposition Motions |
Subtype | Motion for Rehearing |
Description | Motion For Rehearing |
Docket Date | 2023-08-09 |
Type | Order |
Subtype | Order on Motion For Attorney's Fees |
Description | Deny Attorney's Fees ~ ORDERED that appellant Geico General Insurance Company’s February 6, 2023 motion for attorney's fees and costs is denied. Further,ORDERED that appellee Robert Stein, P.A.’s December 21, 2022 motion for attorney’s fees is denied. |
Docket Date | 2023-08-09 |
Type | Disposition by Opinion |
Subtype | Reversed |
Description | Reversed - Authored Opinion |
Docket Date | 2023-04-13 |
Type | Notice |
Subtype | Notice |
Description | Notice ~ OF CHANGE OF LAW FIRM |
On Behalf Of | Government Employees Insurance Company |
Docket Date | 2023-02-06 |
Type | Brief |
Subtype | Reply Brief |
Description | Appellant's Reply Brief |
On Behalf Of | Government Employees Insurance Company |
Docket Date | 2023-02-06 |
Type | Motions Relating to Attorney Fees/Costs |
Subtype | Motion For Attorney's Fees |
Description | Motion For Attorney's Fees ~ GEICO GENERAL INSURANCE COMPANY'S |
On Behalf Of | Government Employees Insurance Company |
Docket Date | 2023-01-12 |
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 appellant Geico General Insurance Company’s January 11, 2023 motion for extension of time is granted in part, and appellant shall serve the reply brief within fifteen (15) days from the current due date. In addition, if the reply brief is served after the time provided for in this order, it may be stricken. |
Docket Date | 2023-01-11 |
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 | Government Employees Insurance Company |
Docket Date | 2022-12-21 |
Type | Brief |
Subtype | Answer Brief |
Description | Appellee's Answer Brief |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-12-21 |
Type | Motions Relating to Attorney Fees/Costs |
Subtype | Motion For Attorney's Fees |
Description | Motion For Attorney's Fees |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-12-08 |
Type | Order |
Subtype | Order on Motion for Extension of Time to Serve Answer Brief |
Description | ORD-Answer Brief to be Served ~ ORDERED that appellee's December 6, 2022 motion for extension of time is granted, and appellee shall serve the answer brief on or before January 23, 2023. In addition, appellee is notified that the failure to serve the brief within the time provided herein will foreclose appellee's right to file a brief or otherwise participate in this appeal, or the court in its discretion may impose other sanctions. Appellee is advised that no further extensions will be granted absent a detailed explanation for why the answer 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. |
Docket Date | 2022-12-06 |
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 | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-11-09 |
Type | Notice |
Subtype | Notice of Agreed Extension of Time - Answer Brief |
Description | Notice of Agreed Extension - Answer Brief |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-11-08 |
Type | Notice |
Subtype | Notice of Appearance |
Description | Notice of Appearance ~ (FILED IN 22-163) |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-09-09 |
Type | Notice |
Subtype | Notice of Appearance |
Description | Notice of Appearance |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-08-16 |
Type | Record |
Subtype | Appendix |
Description | Appendix to Brief |
On Behalf Of | Government Employees Insurance Company |
Docket Date | 2022-08-15 |
Type | Brief |
Subtype | Initial Brief |
Description | Initial Brief on Merits |
On Behalf Of | Government Employees Insurance Company |
Docket Date | 2022-07-26 |
Type | Order |
Subtype | Order on Motion for Extension of Time to Serve Initial Brief |
Description | ORD-Initial Brief to be Served ~ ORDERED that appellants’ July 22, 2022 motion for extension of time is granted in part. Appellants 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. Appellants are 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. |
Docket Date | 2022-07-22 |
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 | Government Employees Insurance Company |
Docket Date | 2022-06-15 |
Type | Order |
Subtype | Order on Motion for Extension of Time to Serve Initial Brief |
Description | Order Granting EOT for Initial Brief ~ ORDERED that appellant, GEICO General Insurance Company’s June 10, 2022 motion for extension of time is granted, and appellant shall serve the initial brief on or before August 4, 2022. 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 | 2022-06-10 |
Type | Motions Extensions |
Subtype | Motion for Extension of Time to Serve Initial Brief |
Description | Mot. for Extension of time to file Initial Brief ~ GEICO |
On Behalf Of | Government Employees Insurance Company |
Docket Date | 2022-04-26 |
Type | Order |
Subtype | Order on Motion for Extension of Time to Serve Initial Brief |
Description | Order Granting EOT for Initial Brief ~ ORDERED that appellant, GEICO General Insurance Company’s, April 25, 2022 motion for extension of time is granted, and appellant shall serve the initial brief on or before June 20, 2022. 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 | 2022-04-25 |
Type | Motions Extensions |
Subtype | Motion for Extension of Time to Serve Initial Brief |
Description | Mot. for Extension of time to file Initial Brief ~ GEICO |
On Behalf Of | Government Employees Insurance Company |
Docket Date | 2022-04-25 |
Type | Order |
Subtype | Order Striking Filing |
Description | Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellant, GEICO Insurance Company’s, April 22, 2022 motion is stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that it is a computer-generated document which does not comply with the font requirements set forth in Rule 9.045(b). See Fla. R. App. P. 9.045(b) (“Computer-generated documents shall be filed in either Arial 14-point font or Bookman Old Style 14-point font.”). An amended document in compliance with Rule 9.045 shall be filed within two (2) days from the date of this order. |
Docket Date | 2022-04-22 |
Type | Motions Extensions |
Subtype | Motion for Extension of Time to Serve Initial Brief |
Description | Mot. for Extension of time to file Initial Brief ~ **STRICKEN** GEICO |
On Behalf Of | Government Employees Insurance Company |
Docket Date | 2022-02-16 |
Type | Record |
Subtype | Record on Appeal |
Description | Received Records ~ (22-155) (201 PAGES) |
On Behalf Of | Clerk - Broward |
Docket Date | 2022-02-14 |
Type | Order |
Subtype | Order |
Description | ORD-Sua Sponte ~ Upon consideration of the parties’ February 3, 2022 joint response to this court’s January 21, 2022 order, and appellant Geico Insurance Co.’s February 8, 2022 response, it is ORDERED that case numbers 4D21-2699, 4D21-2957, 4D21-3204, and 4D22-165 are consolidated for all purposes and shall proceed under the time schedule for a final appeal and according to the Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D21-2699. Further,ORDERED that case numbers 4D22-154, 4D22-155, 4D22-157, 4D22-158, 4D22-159, 4D22-162, 4D22-163, 4D22-172, 4D22-173, 4D22-174, 4D22-175, 4D22-178, 4D22-179, 4D22-180, 4D22-181, 4D22-183, 4D22-184, 4D22-187, 4D22-189, 4D22-190, 4D22-191, 4D22-193, 4D22-194, 4D22-195, 4D22-196, 4D22-197, 4D22-198, 4D22-199, 4D22-200, and 4D22-201 are consolidated for all purposes and shall proceed under the time schedule for a final appeal and according to the Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D22-154. Further,ORDERED that the proposed briefing schedule provided in the parties’ February 3, 2022 joint response is adopted. Appellant may file directions to the clerk under Florida Rule of Appellate Procedure 9.200(a) within thirty (30) days from the date of this order, and appellee may file directions for additional documents and exhibits within twenty (20) days thereafter.ORDERED that the parties’ February 3, 2022 request for extension of time is granted in part without prejudice to seeking a further extension if necessary. Appellants shall serve their respective initial briefs within thirty (30) days from the filing of the record on appeal. In addition, if the initial briefs are not served within the time provided for in this order, the above–styled cases may be subject to dismissal or the court in its discretion may impose other sanctions.ORDERED that the captions in case numbers 4D21-2699 and 4D22-154 are corrected to change the name of the appellants to Florida Spine and Joint Institute, LLC and Geico Insurance Co., and the name of the appellee to Robert Stein, P.A. All future filings shall reflect this change. Further,ORDERED that Florida Spine and Joint Institute, LLC’s November 22, 2021 motion to consolidate is denied as moot. Further,ORDERED that this court’s January 24, 2022 order to show cause is discharged. |
Docket Date | 2022-01-24 |
Type | Order |
Subtype | Order to Show Cause |
Description | Order to Show Cause ~ ORDERED that the parties are to show cause, within ten (10) days from the date of this order, as to why case numbers 4D21-2699, 4D21-2957, 4D21-3204, 4D22-165, 4D22-154, 4D22-155, 4D22-157, 4D22-158, 4D22-159, 4D22-162, 4D22-163, 4D22-172, 4D22-173, 4D22-174, 4D22-175, 4D22-178, 4D22-179, 4D22-180, 4D22-181, 4D22-183, 4D22-184, 4D22-187, 4D22-189, 4D22-190, 4D22-193, 4D22-194, 4D22-195, 4D22-196, 4D22-197, 4D22-198, 4D22-199, 4D22-200, and 4D22-201 should not be consolidated for all purposes. Further,ORDERED that the parties are to address how the briefing will be handled as to the appeals’ differences in awards of attorney’s fees against solely Florida Spine and Joint Institute, LLC, and against both Florida Spine and Joint Institute, LLC, and Geico Insurance Co. |
Docket Date | 2022-01-19 |
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 | 2022-01-19 |
Type | Letter |
Subtype | Acknowledgment Letter |
Description | Acknowledgment Letter |
Docket Date | 2022-01-19 |
Type | Misc. Events |
Subtype | Case Filing Fee Paid through Portal |
Description | Case Filing Fee Paid Through Portal |
On Behalf Of | Government Employees Insurance Company |
Docket Date | 2022-01-18 |
Type | Misc. Events |
Subtype | Miscellaneous Trial Court Document |
Description | Misc. LT pleadings ~ *Civil Cover Sheet |
Docket Date | 2022-01-18 |
Type | Notice |
Subtype | Notice of Appeal |
Description | Notice of Appeal Filed |
On Behalf Of | Government Employees Insurance Company |
Classification | NOA Final - County Small Claims - PIP |
Court | 4th District Court of Appeal |
Originating Court |
County Court for the Seventeenth Judicial Circuit, Broward County CONO20-003203 |
Parties
Name | GEICO INDEMNITY COMPANY |
Role | Appellant |
Status | Active |
Representations | Drew Andrew Krieger, George L. Cimballa, III, Kristen L. Wenger, Salvatore Thomas Coppolino |
Name | Timothy Heiserman |
Role | Appellee |
Status | Active |
Name | FLORIDA SPINE AND JOINT INSTITUTE, LLC |
Role | Appellee |
Status | Active |
Representations | Jeffrey M. Braxton, Michael W. Kranz, Robert H. Stein, Douglas Howard Stein, Lorin Louis Mrachek |
Name | Hon. John D. Fry |
Role | Judge/Judicial Officer |
Status | Active |
Name | Clerk - Broward |
Role | Lower Tribunal Clerk |
Status | Active |
Docket Entries
Docket Date | 2022-12-21 |
Type | Brief |
Subtype | Answer Brief |
Description | Appellee's Answer Brief |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2023-08-09 |
Type | Disposition by Opinion |
Subtype | Reversed |
Description | Reversed - Authored Opinion |
Docket Date | 2023-04-13 |
Type | Notice |
Subtype | Notice |
Description | Notice ~ OF CHANGE OF LAW FIRM |
On Behalf Of | Geico Indemnity Company |
Docket Date | 2023-02-06 |
Type | Brief |
Subtype | Reply Brief |
Description | Appellant's Reply Brief |
On Behalf Of | Geico Indemnity Company |
Docket Date | 2023-02-06 |
Type | Motions Relating to Attorney Fees/Costs |
Subtype | Motion For Attorney's Fees |
Description | Motion For Attorney's Fees ~ GEICO GENERAL INSURANCE COMPANY'S |
On Behalf Of | Geico Indemnity Company |
Docket Date | 2023-01-12 |
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 appellant Geico General Insurance Company’s January 11, 2023 motion for extension of time is granted in part, and appellant shall serve the reply brief within fifteen (15) days from the current due date. In addition, if the reply brief is served after the time provided for in this order, it may be stricken. |
Docket Date | 2023-01-11 |
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 | Geico Indemnity Company |
Docket Date | 2022-12-21 |
Type | Motions Relating to Attorney Fees/Costs |
Subtype | Motion For Attorney's Fees |
Description | Motion For Attorney's Fees |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2023-10-20 |
Type | Mandate |
Subtype | Mandate |
Description | Mandate |
View | View File |
Docket Date | 2023-09-28 |
Type | Misc. Events |
Subtype | West Publishing |
Description | West Publishing |
Docket Date | 2023-09-28 |
Type | Order |
Subtype | Order on Motion for Rehearing |
Description | Order on Motion for Rehearing |
View | View File |
Docket Date | 2023-09-06 |
Type | Response |
Subtype | Response |
Description | Response ~ (GEICO) TO MOTION FOR REHEARING. |
On Behalf Of | Geico Indemnity Company |
Docket Date | 2023-08-22 |
Type | Post-Disposition Motions |
Subtype | Motion for Rehearing |
Description | Motion For Rehearing |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2023-08-09 |
Type | Order |
Subtype | Order on Motion For Attorney's Fees |
Description | Deny Attorney's Fees ~ ORDERED that appellant Geico General Insurance Company’s February 6, 2023 motion for attorney's fees and costs is denied. Further,ORDERED that appellee Robert Stein, P.A.’s December 21, 2022 motion for attorney’s fees is denied. |
Docket Date | 2022-12-08 |
Type | Order |
Subtype | Order on Motion for Extension of Time to Serve Answer Brief |
Description | ORD-Answer Brief to be Served ~ ORDERED that appellee's December 6, 2022 motion for extension of time is granted, and appellee shall serve the answer brief on or before January 23, 2023. In addition, appellee is notified that the failure to serve the brief within the time provided herein will foreclose appellee's right to file a brief or otherwise participate in this appeal, or the court in its discretion may impose other sanctions. Appellee is advised that no further extensions will be granted absent a detailed explanation for why the answer 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. |
Docket Date | 2022-12-06 |
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 | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-11-09 |
Type | Notice |
Subtype | Notice of Agreed Extension of Time - Answer Brief |
Description | Notice of Agreed Extension - Answer Brief |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-11-08 |
Type | Notice |
Subtype | Notice of Appearance |
Description | Notice of Appearance ~ (FILED IN 22-163) |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-09-09 |
Type | Notice |
Subtype | Notice of Agreed Extension of Time - Answer Brief |
Description | Notice of Agreed Extension - Answer Brief |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-08-16 |
Type | Record |
Subtype | Appendix |
Description | Appendix to Brief |
On Behalf Of | Geico Indemnity Company |
Docket Date | 2022-08-15 |
Type | Brief |
Subtype | Initial Brief |
Description | Initial Brief on Merits |
On Behalf Of | Geico Indemnity Company |
Docket Date | 2022-07-26 |
Type | Order |
Subtype | Order on Motion for Extension of Time to Serve Initial Brief |
Description | ORD-Initial Brief to be Served ~ ORDERED that appellants’ July 22, 2022 motion for extension of time is granted in part. Appellants 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. Appellants are 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. |
Docket Date | 2022-07-22 |
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 | Geico Indemnity Company |
Docket Date | 2022-06-15 |
Type | Order |
Subtype | Order on Motion for Extension of Time to Serve Initial Brief |
Description | Order Granting EOT for Initial Brief ~ ORDERED that appellant, GEICO General Insurance Company’s June 10, 2022 motion for extension of time is granted, and appellant shall serve the initial brief on or before August 4, 2022. 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 | 2022-06-10 |
Type | Motions Extensions |
Subtype | Motion for Extension of Time to Serve Initial Brief |
Description | Mot. for Extension of time to file Initial Brief ~ GEICO |
On Behalf Of | Geico Indemnity Company |
Docket Date | 2022-04-26 |
Type | Order |
Subtype | Order on Motion for Extension of Time to Serve Initial Brief |
Description | Order Granting EOT for Initial Brief ~ ORDERED that appellant, GEICO General Insurance Company’s, April 25, 2022 motion for extension of time is granted, and appellant shall serve the initial brief on or before June 20, 2022. 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 | 2022-04-25 |
Type | Motions Extensions |
Subtype | Motion for Extension of Time to Serve Initial Brief |
Description | Mot. for Extension of time to file Initial Brief ~ GEICO |
On Behalf Of | Geico Indemnity Company |
Docket Date | 2022-04-25 |
Type | Order |
Subtype | Order Striking Filing |
Description | Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellant, GEICO Insurance Company’s, April 22, 2022 motion is stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that it is a computer-generated document which does not comply with the font requirements set forth in Rule 9.045(b). See Fla. R. App. P. 9.045(b) (“Computer-generated documents shall be filed in either Arial 14-point font or Bookman Old Style 14-point font.”). An amended document in compliance with Rule 9.045 shall be filed within two (2) days from the date of this order. |
Docket Date | 2022-04-22 |
Type | Motions Extensions |
Subtype | Motion for Extension of Time to Serve Initial Brief |
Description | Mot. for Extension of time to file Initial Brief ~ **STRICKEN** GEICO |
On Behalf Of | Geico Indemnity Company |
Docket Date | 2022-02-16 |
Type | Record |
Subtype | Record on Appeal |
Description | Received Records ~ (22-155) (201 PAGES) |
On Behalf Of | Clerk - Broward |
Docket Date | 2022-02-14 |
Type | Order |
Subtype | Order |
Description | ORD-Sua Sponte ~ Upon consideration of the parties’ February 3, 2022 joint response to this court’s January 21, 2022 order, and appellant Geico Insurance Co.’s February 8, 2022 response, it is ORDERED that case numbers 4D21-2699, 4D21-2957, 4D21-3204, and 4D22-165 are consolidated for all purposes and shall proceed under the time schedule for a final appeal and according to the Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D21-2699. Further,ORDERED that case numbers 4D22-154, 4D22-155, 4D22-157, 4D22-158, 4D22-159, 4D22-162, 4D22-163, 4D22-172, 4D22-173, 4D22-174, 4D22-175, 4D22-178, 4D22-179, 4D22-180, 4D22-181, 4D22-183, 4D22-184, 4D22-187, 4D22-189, 4D22-190, 4D22-191, 4D22-193, 4D22-194, 4D22-195, 4D22-196, 4D22-197, 4D22-198, 4D22-199, 4D22-200, and 4D22-201 are consolidated for all purposes and shall proceed under the time schedule for a final appeal and according to the Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D22-154. Further,ORDERED that the proposed briefing schedule provided in the parties’ February 3, 2022 joint response is adopted. Appellant may file directions to the clerk under Florida Rule of Appellate Procedure 9.200(a) within thirty (30) days from the date of this order, and appellee may file directions for additional documents and exhibits within twenty (20) days thereafter.ORDERED that the parties’ February 3, 2022 request for extension of time is granted in part without prejudice to seeking a further extension if necessary. Appellants shall serve their respective initial briefs within thirty (30) days from the filing of the record on appeal. In addition, if the initial briefs are not served within the time provided for in this order, the above–styled cases may be subject to dismissal or the court in its discretion may impose other sanctions.ORDERED that the captions in case numbers 4D21-2699 and 4D22-154 are corrected to change the name of the appellants to Florida Spine and Joint Institute, LLC and Geico Insurance Co., and the name of the appellee to Robert Stein, P.A. All future filings shall reflect this change. Further,ORDERED that Florida Spine and Joint Institute, LLC’s November 22, 2021 motion to consolidate is denied as moot. Further,ORDERED that this court’s January 24, 2022 order to show cause is discharged. |
Docket Date | 2022-01-27 |
Type | Notice |
Subtype | Notice of Appearance |
Description | Notice of Appearance |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-01-24 |
Type | Order |
Subtype | Order to Show Cause |
Description | Order to Show Cause ~ ORDERED that the parties are to show cause, within ten (10) days from the date of this order, as to why case numbers 4D21-2699, 4D21-2957, 4D21-3204, 4D22-165, 4D22-154, 4D22-155, 4D22-157, 4D22-158, 4D22-159, 4D22-162, 4D22-163, 4D22-172, 4D22-173, 4D22-174, 4D22-175, 4D22-178, 4D22-179, 4D22-180, 4D22-181, 4D22-183, 4D22-184, 4D22-187, 4D22-189, 4D22-190, 4D22-193, 4D22-194, 4D22-195, 4D22-196, 4D22-197, 4D22-198, 4D22-199, 4D22-200, and 4D22-201 should not be consolidated for all purposes. Further,ORDERED that the parties are to address how the briefing will be handled as to the appeals’ differences in awards of attorney’s fees against solely Florida Spine and Joint Institute, LLC, and against both Florida Spine and Joint Institute, LLC, and Geico Insurance Co. |
Docket Date | 2022-01-19 |
Type | Letter |
Subtype | Acknowledgment Letter |
Description | Acknowledgment Letter |
Docket Date | 2022-01-19 |
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 | 2022-01-19 |
Type | Misc. Events |
Subtype | Case Filing Fee Paid through Portal |
Description | Case Filing Fee Paid Through Portal |
On Behalf Of | Geico Indemnity Company |
Docket Date | 2022-01-18 |
Type | Misc. Events |
Subtype | Fee Status |
Description | FP:Fee Paid Through Portal |
Docket Date | 2022-01-18 |
Type | Notice |
Subtype | Notice of Appeal |
Description | Notice of Appeal Filed |
On Behalf Of | Geico Indemnity Company |
Classification | NOA Final - County Small Claims - PIP |
Court | 4th District Court of Appeal |
Originating Court |
County Court for the Seventeenth Judicial Circuit, Broward County CONO19-003968 |
Parties
Name | GEICO INDEMNITY COMPANY |
Role | Appellant |
Status | Active |
Representations | Kristen L. Wenger, Drew Andrew Krieger, Salvatore Thomas Coppolino, George L. Cimballa, III |
Name | Keon Brooks |
Role | Appellee |
Status | Active |
Name | FLORIDA SPINE AND JOINT INSTITUTE, LLC |
Role | Appellee |
Status | Active |
Representations | Michael W. Kranz, Jeffrey M. Braxton, Robert H. Stein, Douglas Howard Stein, Lorin Louis Mrachek |
Name | Hon. John D. Fry |
Role | Judge/Judicial Officer |
Status | Active |
Name | Clerk - Broward |
Role | Lower Tribunal Clerk |
Status | Active |
Docket Entries
Docket Date | 2022-09-09 |
Type | Notice |
Subtype | Notice of Appearance |
Description | Notice of Appearance |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-08-16 |
Type | Record |
Subtype | Appendix |
Description | Appendix to Brief |
On Behalf Of | Geico Indemnity Company |
Docket Date | 2022-12-08 |
Type | Order |
Subtype | Order on Motion for Extension of Time to Serve Answer Brief |
Description | ORD-Answer Brief to be Served ~ ORDERED that appellee's December 6, 2022 motion for extension of time is granted, and appellee shall serve the answer brief on or before January 23, 2023. In addition, appellee is notified that the failure to serve the brief within the time provided herein will foreclose appellee's right to file a brief or otherwise participate in this appeal, or the court in its discretion may impose other sanctions. Appellee is advised that no further extensions will be granted absent a detailed explanation for why the answer 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. |
Docket Date | 2023-10-20 |
Type | Mandate |
Subtype | Mandate |
Description | Mandate |
View | View File |
Docket Date | 2023-09-28 |
Type | Misc. Events |
Subtype | West Publishing |
Description | West Publishing |
Docket Date | 2023-09-28 |
Type | Order |
Subtype | Order on Motion for Rehearing |
Description | Order on Motion for Rehearing |
View | View File |
Docket Date | 2023-09-06 |
Type | Response |
Subtype | Response |
Description | Response ~ (GEICO) TO MOTION FOR REHEARING. |
On Behalf Of | Geico Indemnity Company |
Docket Date | 2023-08-22 |
Type | Post-Disposition Motions |
Subtype | Motion for Rehearing |
Description | Motion For Rehearing |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2023-08-09 |
Type | Order |
Subtype | Order on Motion For Attorney's Fees |
Description | Deny Attorney's Fees ~ ORDERED that appellant Geico General Insurance Company’s February 6, 2023 motion for attorney's fees and costs is denied. Further,ORDERED that appellee Robert Stein, P.A.’s December 21, 2022 motion for attorney’s fees is denied. |
Docket Date | 2023-08-09 |
Type | Disposition by Opinion |
Subtype | Reversed |
Description | Reversed - Authored Opinion |
Docket Date | 2023-04-13 |
Type | Notice |
Subtype | Notice |
Description | Notice ~ OF CHANGE OF LAW FIRM |
On Behalf Of | Geico Indemnity Company |
Docket Date | 2023-02-06 |
Type | Brief |
Subtype | Reply Brief |
Description | Appellant's Reply Brief |
On Behalf Of | Geico Indemnity Company |
Docket Date | 2023-02-06 |
Type | Motions Relating to Attorney Fees/Costs |
Subtype | Motion For Attorney's Fees |
Description | Motion For Attorney's Fees ~ GEICO GENERAL INSURANCE COMPANY'S |
On Behalf Of | Geico Indemnity Company |
Docket Date | 2023-01-12 |
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 appellant Geico General Insurance Company’s January 11, 2023 motion for extension of time is granted in part, and appellant shall serve the reply brief within fifteen (15) days from the current due date. In addition, if the reply brief is served after the time provided for in this order, it may be stricken. |
Docket Date | 2023-01-11 |
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 | Geico Indemnity Company |
Docket Date | 2022-12-21 |
Type | Brief |
Subtype | Answer Brief |
Description | Appellee's Answer Brief |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-12-21 |
Type | Motions Relating to Attorney Fees/Costs |
Subtype | Motion For Attorney's Fees |
Description | Motion For Attorney's Fees |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-12-06 |
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 | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-11-09 |
Type | Notice |
Subtype | Notice of Agreed Extension of Time - Answer Brief |
Description | Notice of Agreed Extension - Answer Brief |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-11-08 |
Type | Notice |
Subtype | Notice of Appearance |
Description | Notice of Appearance ~ (FILED IN 22-163) |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-08-15 |
Type | Brief |
Subtype | Initial Brief |
Description | Initial Brief on Merits |
On Behalf Of | Geico Indemnity Company |
Docket Date | 2022-07-26 |
Type | Order |
Subtype | Order on Motion for Extension of Time to Serve Initial Brief |
Description | ORD-Initial Brief to be Served ~ ORDERED that appellants’ July 22, 2022 motion for extension of time is granted in part. Appellants 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. Appellants are 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. |
Docket Date | 2022-07-22 |
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 | Geico Indemnity Company |
Docket Date | 2022-06-15 |
Type | Order |
Subtype | Order on Motion for Extension of Time to Serve Initial Brief |
Description | Order Granting EOT for Initial Brief ~ ORDERED that appellant, GEICO General Insurance Company’s June 10, 2022 motion for extension of time is granted, and appellant shall serve the initial brief on or before August 4, 2022. 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 | 2022-06-10 |
Type | Motions Extensions |
Subtype | Motion for Extension of Time to Serve Initial Brief |
Description | Mot. for Extension of time to file Initial Brief ~ GEICO |
On Behalf Of | Geico Indemnity Company |
Docket Date | 2022-04-26 |
Type | Order |
Subtype | Order on Motion for Extension of Time to Serve Initial Brief |
Description | Order Granting EOT for Initial Brief ~ ORDERED that appellant, GEICO General Insurance Company’s, April 25, 2022 motion for extension of time is granted, and appellant shall serve the initial brief on or before June 20, 2022. 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 | 2022-04-25 |
Type | Order |
Subtype | Order Striking Filing |
Description | Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellant, GEICO Insurance Company’s, April 22, 2022 motion is stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that it is a computer-generated document which does not comply with the font requirements set forth in Rule 9.045(b). See Fla. R. App. P. 9.045(b) (“Computer-generated documents shall be filed in either Arial 14-point font or Bookman Old Style 14-point font.”). An amended document in compliance with Rule 9.045 shall be filed within two (2) days from the date of this order. |
Docket Date | 2022-04-25 |
Type | Motions Extensions |
Subtype | Motion for Extension of Time to Serve Initial Brief |
Description | Mot. for Extension of time to file Initial Brief ~ GEICO |
On Behalf Of | Geico Indemnity Company |
Docket Date | 2022-04-22 |
Type | Motions Extensions |
Subtype | Motion for Extension of Time to Serve Initial Brief |
Description | Mot. for Extension of time to file Initial Brief ~ **STRICKEN** GEICO |
On Behalf Of | Geico Indemnity Company |
Docket Date | 2022-02-16 |
Type | Record |
Subtype | Record on Appeal |
Description | Received Records ~ (22-156) (248 PAGES) |
On Behalf Of | Clerk - Broward |
Docket Date | 2022-01-19 |
Type | Misc. Events |
Subtype | Case Filing Fee Paid through Portal |
Description | Case Filing Fee Paid Through Portal |
On Behalf Of | Geico Indemnity Company |
Docket Date | 2022-01-19 |
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 | 2022-01-18 |
Type | Notice |
Subtype | Notice of Appeal |
Description | Notice of Appeal Filed |
On Behalf Of | Geico Indemnity Company |
Docket Date | 2022-02-14 |
Type | Order |
Subtype | Order |
Description | ORD-Sua Sponte ~ Upon consideration of the parties’ February 3, 2022 joint response to this court’s January 21, 2022 order, and appellant Geico Insurance Co.’s February 8, 2022 response, it is ORDERED that case numbers 4D21-2699, 4D21-2957, 4D21-3204, and 4D22-165 are consolidated for all purposes and shall proceed under the time schedule for a final appeal and according to the Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D21-2699. Further,ORDERED that case numbers 4D22-154, 4D22-155, 4D22-157, 4D22-158, 4D22-159, 4D22-162, 4D22-163, 4D22-172, 4D22-173, 4D22-174, 4D22-175, 4D22-178, 4D22-179, 4D22-180, 4D22-181, 4D22-183, 4D22-184, 4D22-187, 4D22-189, 4D22-190, 4D22-191, 4D22-193, 4D22-194, 4D22-195, 4D22-196, 4D22-197, 4D22-198, 4D22-199, 4D22-200, and 4D22-201 are consolidated for all purposes and shall proceed under the time schedule for a final appeal and according to the Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D22-154. Further,ORDERED that the proposed briefing schedule provided in the parties’ February 3, 2022 joint response is adopted. Appellant may file directions to the clerk under Florida Rule of Appellate Procedure 9.200(a) within thirty (30) days from the date of this order, and appellee may file directions for additional documents and exhibits within twenty (20) days thereafter.ORDERED that the parties’ February 3, 2022 request for extension of time is granted in part without prejudice to seeking a further extension if necessary. Appellants shall serve their respective initial briefs within thirty (30) days from the filing of the record on appeal. In addition, if the initial briefs are not served within the time provided for in this order, the above–styled cases may be subject to dismissal or the court in its discretion may impose other sanctions.ORDERED that the captions in case numbers 4D21-2699 and 4D22-154 are corrected to change the name of the appellants to Florida Spine and Joint Institute, LLC and Geico Insurance Co., and the name of the appellee to Robert Stein, P.A. All future filings shall reflect this change. Further,ORDERED that Florida Spine and Joint Institute, LLC’s November 22, 2021 motion to consolidate is denied as moot. Further,ORDERED that this court’s January 24, 2022 order to show cause is discharged. |
Docket Date | 2022-01-27 |
Type | Notice |
Subtype | Notice of Appearance |
Description | Notice of Appearance |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-01-24 |
Type | Order |
Subtype | Order to Show Cause |
Description | Order to Show Cause ~ ORDERED that the parties are to show cause, within ten (10) days from the date of this order, as to why case numbers 4D21-2699, 4D21-2957, 4D21-3204, 4D22-165, 4D22-154, 4D22-155, 4D22-157, 4D22-158, 4D22-159, 4D22-162, 4D22-163, 4D22-172, 4D22-173, 4D22-174, 4D22-175, 4D22-178, 4D22-179, 4D22-180, 4D22-181, 4D22-183, 4D22-184, 4D22-187, 4D22-189, 4D22-190, 4D22-193, 4D22-194, 4D22-195, 4D22-196, 4D22-197, 4D22-198, 4D22-199, 4D22-200, and 4D22-201 should not be consolidated for all purposes. Further,ORDERED that the parties are to address how the briefing will be handled as to the appeals’ differences in awards of attorney’s fees against solely Florida Spine and Joint Institute, LLC, and against both Florida Spine and Joint Institute, LLC, and Geico Insurance Co. |
Docket Date | 2022-01-19 |
Type | Letter |
Subtype | Acknowledgment Letter |
Description | Acknowledgment Letter |
Docket Date | 2022-01-18 |
Type | Misc. Events |
Subtype | Miscellaneous Trial Court Document |
Description | Misc. LT pleadings ~ *Civil Cover Sheet |
Classification | NOA Final - County Small Claims - PIP |
Court | 4th District Court of Appeal |
Originating Court |
County Court for the Seventeenth Judicial Circuit, Broward County CONO19-004861 |
Parties
Name | GEICO INDEMNITY COMPANY |
Role | Appellant |
Status | Active |
Representations | Kristen L. Wenger, Drew Andrew Krieger, Salvatore Thomas Coppolino |
Name | FLORIDA SPINE AND JOINT INSTITUTE, LLC |
Role | Appellee |
Status | Active |
Representations | Jeffrey M. Braxton, Robert H. Stein, Michael W. Kranz, Lorin Louis Mrachek, Douglas Howard Stein |
Name | Bradley Lombardo |
Role | Appellee |
Status | Active |
Name | Hon. John D. Fry |
Role | Judge/Judicial Officer |
Status | Active |
Name | Clerk - Broward |
Role | Lower Tribunal Clerk |
Status | Active |
Docket Entries
Docket Date | 2022-08-15 |
Type | Brief |
Subtype | Initial Brief |
Description | Initial Brief on Merits |
On Behalf Of | Geico Indemnity Company |
Docket Date | 2022-01-18 |
Type | Notice |
Subtype | Notice of Appeal |
Description | Notice of Appeal Filed |
On Behalf Of | Geico Indemnity Company |
Docket Date | 2022-01-18 |
Type | Misc. Events |
Subtype | Fee Status |
Description | FP:Fee Paid Through Portal |
Docket Date | 2023-10-20 |
Type | Mandate |
Subtype | Mandate |
Description | Mandate |
View | View File |
Docket Date | 2023-09-28 |
Type | Misc. Events |
Subtype | West Publishing |
Description | West Publishing |
Docket Date | 2023-09-28 |
Type | Order |
Subtype | Order on Motion for Rehearing |
Description | Order on Motion for Rehearing |
View | View File |
Docket Date | 2023-09-06 |
Type | Response |
Subtype | Response |
Description | Response ~ (GEICO) TO MOTION FOR REHEARING. |
On Behalf Of | Geico Indemnity Company |
Docket Date | 2023-08-22 |
Type | Post-Disposition Motions |
Subtype | Motion for Rehearing |
Description | Motion For Rehearing |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2023-08-09 |
Type | Disposition by Opinion |
Subtype | Reversed |
Description | Reversed - Authored Opinion |
Docket Date | 2023-08-09 |
Type | Order |
Subtype | Order on Motion For Attorney's Fees |
Description | Deny Attorney's Fees ~ ORDERED that appellant Geico General Insurance Company’s February 6, 2023 motion for attorney's fees and costs is denied. Further,ORDERED that appellee Robert Stein, P.A.’s December 21, 2022 motion for attorney’s fees is denied. |
Docket Date | 2023-04-13 |
Type | Notice |
Subtype | Notice |
Description | Notice ~ OF CHANGE OF LAW FIRM |
On Behalf Of | Geico Indemnity Company |
Docket Date | 2023-02-06 |
Type | Brief |
Subtype | Reply Brief |
Description | Appellant's Reply Brief |
On Behalf Of | Geico Indemnity Company |
Docket Date | 2023-02-06 |
Type | Motions Relating to Attorney Fees/Costs |
Subtype | Motion For Attorney's Fees |
Description | Motion For Attorney's Fees ~ GEICO GENERAL INSURANCE COMPANY'S |
On Behalf Of | Geico Indemnity Company |
Docket Date | 2023-01-12 |
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 appellant Geico General Insurance Company’s January 11, 2023 motion for extension of time is granted in part, and appellant shall serve the reply brief within fifteen (15) days from the current due date. In addition, if the reply brief is served after the time provided for in this order, it may be stricken. |
Docket Date | 2023-01-11 |
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 | Geico Indemnity Company |
Docket Date | 2022-12-21 |
Type | Motions Relating to Attorney Fees/Costs |
Subtype | Motion For Attorney's Fees |
Description | Motion For Attorney's Fees |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-12-21 |
Type | Brief |
Subtype | Answer Brief |
Description | Appellee's Answer Brief |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-12-08 |
Type | Order |
Subtype | Order on Motion for Extension of Time to Serve Answer Brief |
Description | ORD-Answer Brief to be Served ~ ORDERED that appellee's December 6, 2022 motion for extension of time is granted, and appellee shall serve the answer brief on or before January 23, 2023. In addition, appellee is notified that the failure to serve the brief within the time provided herein will foreclose appellee's right to file a brief or otherwise participate in this appeal, or the court in its discretion may impose other sanctions. Appellee is advised that no further extensions will be granted absent a detailed explanation for why the answer 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. |
Docket Date | 2022-12-06 |
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 | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-11-09 |
Type | Notice |
Subtype | Notice of Agreed Extension of Time - Answer Brief |
Description | Notice of Agreed Extension - Answer Brief |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-11-08 |
Type | Notice |
Subtype | Notice of Appearance |
Description | Notice of Appearance ~ (FILED IN 22-163) |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-09-09 |
Type | Notice |
Subtype | Notice of Appearance |
Description | Notice of Appearance |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-08-16 |
Type | Record |
Subtype | Appendix |
Description | Appendix to Brief |
On Behalf Of | Geico Indemnity Company |
Docket Date | 2022-07-26 |
Type | Order |
Subtype | Order on Motion for Extension of Time to Serve Initial Brief |
Description | ORD-Initial Brief to be Served ~ ORDERED that appellants’ July 22, 2022 motion for extension of time is granted in part. Appellants 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. Appellants are 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. |
Docket Date | 2022-07-22 |
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 | Geico Indemnity Company |
Docket Date | 2022-06-15 |
Type | Order |
Subtype | Order on Motion for Extension of Time to Serve Initial Brief |
Description | Order Granting EOT for Initial Brief ~ ORDERED that appellant, GEICO General Insurance Company’s June 10, 2022 motion for extension of time is granted, and appellant shall serve the initial brief on or before August 4, 2022. 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 | 2022-06-10 |
Type | Motions Extensions |
Subtype | Motion for Extension of Time to Serve Initial Brief |
Description | Mot. for Extension of time to file Initial Brief ~ GEICO |
On Behalf Of | Geico Indemnity Company |
Docket Date | 2022-04-26 |
Type | Order |
Subtype | Order on Motion for Extension of Time to Serve Initial Brief |
Description | Order Granting EOT for Initial Brief ~ ORDERED that appellant, GEICO General Insurance Company’s, April 25, 2022 motion for extension of time is granted, and appellant shall serve the initial brief on or before June 20, 2022. 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 | 2022-04-25 |
Type | Order |
Subtype | Order Striking Filing |
Description | Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellant, GEICO Insurance Company’s, April 22, 2022 motion is stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that it is a computer-generated document which does not comply with the font requirements set forth in Rule 9.045(b). See Fla. R. App. P. 9.045(b) (“Computer-generated documents shall be filed in either Arial 14-point font or Bookman Old Style 14-point font.”). An amended document in compliance with Rule 9.045 shall be filed within two (2) days from the date of this order. |
Docket Date | 2022-04-25 |
Type | Motions Extensions |
Subtype | Motion for Extension of Time to Serve Initial Brief |
Description | Mot. for Extension of time to file Initial Brief ~ GEICO |
On Behalf Of | Geico Indemnity Company |
Docket Date | 2022-04-22 |
Type | Motions Extensions |
Subtype | Motion for Extension of Time to Serve Initial Brief |
Description | Mot. for Extension of time to file Initial Brief ~ **STRICKEN** GEICO |
On Behalf Of | Geico Indemnity Company |
Docket Date | 2022-02-16 |
Type | Record |
Subtype | Record on Appeal |
Description | Received Records ~ (22-156) (248 PAGES) |
On Behalf Of | Clerk - Broward |
Docket Date | 2022-01-20 |
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 | 2022-02-14 |
Type | Order |
Subtype | Order |
Description | ORD-Sua Sponte ~ Upon consideration of the parties’ February 3, 2022 joint response to this court’s January 21, 2022 order, and appellant Geico Insurance Co.’s February 8, 2022 response, it is ORDERED that case numbers 4D21-2699, 4D21-2957, 4D21-3204, and 4D22-165 are consolidated for all purposes and shall proceed under the time schedule for a final appeal and according to the Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D21-2699. Further,ORDERED that case numbers 4D22-154, 4D22-155, 4D22-157, 4D22-158, 4D22-159, 4D22-162, 4D22-163, 4D22-172, 4D22-173, 4D22-174, 4D22-175, 4D22-178, 4D22-179, 4D22-180, 4D22-181, 4D22-183, 4D22-184, 4D22-187, 4D22-189, 4D22-190, 4D22-191, 4D22-193, 4D22-194, 4D22-195, 4D22-196, 4D22-197, 4D22-198, 4D22-199, 4D22-200, and 4D22-201 are consolidated for all purposes and shall proceed under the time schedule for a final appeal and according to the Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D22-154. Further,ORDERED that the proposed briefing schedule provided in the parties’ February 3, 2022 joint response is adopted. Appellant may file directions to the clerk under Florida Rule of Appellate Procedure 9.200(a) within thirty (30) days from the date of this order, and appellee may file directions for additional documents and exhibits within twenty (20) days thereafter.ORDERED that the parties’ February 3, 2022 request for extension of time is granted in part without prejudice to seeking a further extension if necessary. Appellants shall serve their respective initial briefs within thirty (30) days from the filing of the record on appeal. In addition, if the initial briefs are not served within the time provided for in this order, the above–styled cases may be subject to dismissal or the court in its discretion may impose other sanctions.ORDERED that the captions in case numbers 4D21-2699 and 4D22-154 are corrected to change the name of the appellants to Florida Spine and Joint Institute, LLC and Geico Insurance Co., and the name of the appellee to Robert Stein, P.A. All future filings shall reflect this change. Further,ORDERED that Florida Spine and Joint Institute, LLC’s November 22, 2021 motion to consolidate is denied as moot. Further,ORDERED that this court’s January 24, 2022 order to show cause is discharged. |
Docket Date | 2022-01-27 |
Type | Notice |
Subtype | Notice of Appearance |
Description | Notice of Appearance |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-01-24 |
Type | Misc. Events |
Subtype | Case Filing Fee Paid through Portal |
Description | Case Filing Fee Paid Through Portal |
On Behalf Of | Geico Indemnity Company |
Docket Date | 2022-01-24 |
Type | Order |
Subtype | Order to Show Cause |
Description | Order to Show Cause ~ ORDERED that the parties are to show cause, within ten (10) days from the date of this order, as to why case numbers 4D21-2699, 4D21-2957, 4D21-3204, 4D22-165, 4D22-154, 4D22-155, 4D22-157, 4D22-158, 4D22-159, 4D22-162, 4D22-163, 4D22-172, 4D22-173, 4D22-174, 4D22-175, 4D22-178, 4D22-179, 4D22-180, 4D22-181, 4D22-183, 4D22-184, 4D22-187, 4D22-189, 4D22-190, 4D22-193, 4D22-194, 4D22-195, 4D22-196, 4D22-197, 4D22-198, 4D22-199, 4D22-200, and 4D22-201 should not be consolidated for all purposes. Further,ORDERED that the parties are to address how the briefing will be handled as to the appeals’ differences in awards of attorney’s fees against solely Florida Spine and Joint Institute, LLC, and against both Florida Spine and Joint Institute, LLC, and Geico Insurance Co. |
Docket Date | 2022-01-20 |
Type | Letter |
Subtype | Acknowledgment Letter |
Description | Acknowledgment Letter |
Classification | NOA Final - County Small Claims - PIP |
Court | 4th District Court of Appeal |
Originating Court |
County Court for the Seventeenth Judicial Circuit, Broward County CONO20-003095 |
Parties
Name | GEICO GENERAL INSURANCE COMPANY |
Role | Appellant |
Status | Active |
Representations | George L. Cimballa, III, Salvatore Thomas Coppolino, Drew Andrew Krieger, Kristen L. Wenger |
Name | FLORIDA SPINE AND JOINT INSTITUTE, LLC |
Role | Appellee |
Status | Active |
Representations | Jeffrey M. Braxton, Douglas Howard Stein, Lorin Louis Mrachek, Robert H. Stein, Michael W. Kranz |
Name | Jacqueline Adderly |
Role | Appellee |
Status | Active |
Name | Hon. John D. Fry |
Role | Judge/Judicial Officer |
Status | Active |
Name | Clerk - Broward |
Role | Lower Tribunal Clerk |
Status | Active |
Docket Entries
Docket Date | 2023-10-20 |
Type | Mandate |
Subtype | Mandate |
Description | Mandate |
View | View File |
Docket Date | 2023-09-28 |
Type | Misc. Events |
Subtype | West Publishing |
Description | West Publishing |
Docket Date | 2023-09-28 |
Type | Order |
Subtype | Order on Motion for Rehearing |
Description | Order on Motion for Rehearing |
View | View File |
Docket Date | 2023-09-06 |
Type | Response |
Subtype | Response |
Description | Response ~ (GEICO) TO MOTION FOR REHEARING. |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2023-08-22 |
Type | Post-Disposition Motions |
Subtype | Motion for Rehearing |
Description | Motion For Rehearing |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2023-08-09 |
Type | Disposition by Opinion |
Subtype | Reversed |
Description | Reversed - Authored Opinion |
Docket Date | 2023-08-09 |
Type | Order |
Subtype | Order on Motion For Attorney's Fees |
Description | Deny Attorney's Fees ~ ORDERED that appellant Geico General Insurance Company’s February 6, 2023 motion for attorney's fees and costs is denied. Further,ORDERED that appellee Robert Stein, P.A.’s December 21, 2022 motion for attorney’s fees is denied. |
Docket Date | 2023-04-13 |
Type | Notice |
Subtype | Notice |
Description | Notice ~ OF CHANGE OF LAW FIRM |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2023-02-06 |
Type | Motions Relating to Attorney Fees/Costs |
Subtype | Motion For Attorney's Fees |
Description | Motion For Attorney's Fees ~ GEICO GENERAL INSURANCE COMPANY'S |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2023-02-06 |
Type | Brief |
Subtype | Reply Brief |
Description | Appellant's Reply Brief |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2023-01-12 |
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 appellant Geico General Insurance Company’s January 11, 2023 motion for extension of time is granted in part, and appellant shall serve the reply brief within fifteen (15) days from the current due date. In addition, if the reply brief is served after the time provided for in this order, it may be stricken. |
Docket Date | 2023-01-11 |
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 | Geico General Insurance Company |
Docket Date | 2022-12-21 |
Type | Motions Relating to Attorney Fees/Costs |
Subtype | Motion For Attorney's Fees |
Description | Motion For Attorney's Fees |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-12-21 |
Type | Brief |
Subtype | Answer Brief |
Description | Appellee's Answer Brief |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-12-08 |
Type | Order |
Subtype | Order on Motion for Extension of Time to Serve Answer Brief |
Description | ORD-Answer Brief to be Served ~ ORDERED that appellee's December 6, 2022 motion for extension of time is granted, and appellee shall serve the answer brief on or before January 23, 2023. In addition, appellee is notified that the failure to serve the brief within the time provided herein will foreclose appellee's right to file a brief or otherwise participate in this appeal, or the court in its discretion may impose other sanctions. Appellee is advised that no further extensions will be granted absent a detailed explanation for why the answer 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. |
Docket Date | 2022-12-06 |
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 | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-11-09 |
Type | Notice |
Subtype | Notice of Agreed Extension of Time - Answer Brief |
Description | Notice of Agreed Extension - Answer Brief |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-11-08 |
Type | Notice |
Subtype | Notice of Appearance |
Description | Notice of Appearance ~ (FILED IN 22-163) |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-09-09 |
Type | Notice |
Subtype | Notice of Agreed Extension of Time - Answer Brief |
Description | Notice of Agreed Extension - Answer Brief |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-08-16 |
Type | Record |
Subtype | Appendix |
Description | Appendix to Brief |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2022-08-15 |
Type | Brief |
Subtype | Initial Brief |
Description | Initial Brief on Merits |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2022-07-26 |
Type | Order |
Subtype | Order on Motion for Extension of Time to Serve Initial Brief |
Description | ORD-Initial Brief to be Served ~ ORDERED that appellants’ July 22, 2022 motion for extension of time is granted in part. Appellants 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. Appellants are 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. |
Docket Date | 2022-07-22 |
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 | Geico General Insurance Company |
Docket Date | 2022-06-15 |
Type | Order |
Subtype | Order on Motion for Extension of Time to Serve Initial Brief |
Description | Order Granting EOT for Initial Brief ~ ORDERED that appellant, GEICO General Insurance Company’s June 10, 2022 motion for extension of time is granted, and appellant shall serve the initial brief on or before August 4, 2022. 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 | 2022-06-10 |
Type | Motions Extensions |
Subtype | Motion for Extension of Time to Serve Initial Brief |
Description | Mot. for Extension of time to file Initial Brief ~ GEICO |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2022-04-26 |
Type | Order |
Subtype | Order on Motion for Extension of Time to Serve Initial Brief |
Description | Order Granting EOT for Initial Brief ~ ORDERED that appellant, GEICO General Insurance Company’s, April 25, 2022 motion for extension of time is granted, and appellant shall serve the initial brief on or before June 20, 2022. 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 | 2022-04-25 |
Type | Order |
Subtype | Order Striking Filing |
Description | Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellant, GEICO Insurance Company’s, April 22, 2022 motion is stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that it is a computer-generated document which does not comply with the font requirements set forth in Rule 9.045(b). See Fla. R. App. P. 9.045(b) (“Computer-generated documents shall be filed in either Arial 14-point font or Bookman Old Style 14-point font.”). An amended document in compliance with Rule 9.045 shall be filed within two (2) days from the date of this order. |
Docket Date | 2022-04-25 |
Type | Motions Extensions |
Subtype | Motion for Extension of Time to Serve Initial Brief |
Description | Mot. for Extension of time to file Initial Brief ~ GEICO |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2022-04-22 |
Type | Motions Extensions |
Subtype | Motion for Extension of Time to Serve Initial Brief |
Description | Mot. for Extension of time to file Initial Brief ~ **STRICKEN** GEICO |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2022-02-16 |
Type | Record |
Subtype | Record on Appeal |
Description | Received Records ~ (22-172) (210 PAGES) |
On Behalf Of | Clerk - Broward |
Docket Date | 2022-02-14 |
Type | Order |
Subtype | Order |
Description | ORD-Sua Sponte ~ Upon consideration of the parties’ February 3, 2022 joint response to this court’s January 21, 2022 order, and appellant Geico Insurance Co.’s February 8, 2022 response, it is ORDERED that case numbers 4D21-2699, 4D21-2957, 4D21-3204, and 4D22-165 are consolidated for all purposes and shall proceed under the time schedule for a final appeal and according to the Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D21-2699. Further,ORDERED that case numbers 4D22-154, 4D22-155, 4D22-157, 4D22-158, 4D22-159, 4D22-162, 4D22-163, 4D22-172, 4D22-173, 4D22-174, 4D22-175, 4D22-178, 4D22-179, 4D22-180, 4D22-181, 4D22-183, 4D22-184, 4D22-187, 4D22-189, 4D22-190, 4D22-191, 4D22-193, 4D22-194, 4D22-195, 4D22-196, 4D22-197, 4D22-198, 4D22-199, 4D22-200, and 4D22-201 are consolidated for all purposes and shall proceed under the time schedule for a final appeal and according to the Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D22-154. Further,ORDERED that the proposed briefing schedule provided in the parties’ February 3, 2022 joint response is adopted. Appellant may file directions to the clerk under Florida Rule of Appellate Procedure 9.200(a) within thirty (30) days from the date of this order, and appellee may file directions for additional documents and exhibits within twenty (20) days thereafter.ORDERED that the parties’ February 3, 2022 request for extension of time is granted in part without prejudice to seeking a further extension if necessary. Appellants shall serve their respective initial briefs within thirty (30) days from the filing of the record on appeal. In addition, if the initial briefs are not served within the time provided for in this order, the above–styled cases may be subject to dismissal or the court in its discretion may impose other sanctions.ORDERED that the captions in case numbers 4D21-2699 and 4D22-154 are corrected to change the name of the appellants to Florida Spine and Joint Institute, LLC and Geico Insurance Co., and the name of the appellee to Robert Stein, P.A. All future filings shall reflect this change. Further,ORDERED that Florida Spine and Joint Institute, LLC’s November 22, 2021 motion to consolidate is denied as moot. Further,ORDERED that this court’s January 24, 2022 order to show cause is discharged. |
Docket Date | 2022-01-27 |
Type | Notice |
Subtype | Notice of Appearance |
Description | Notice of Appearance |
On Behalf Of | Florida Spine and Joint Institute, LLC |
Docket Date | 2022-01-24 |
Type | Order |
Subtype | Order to Show Cause |
Description | Order to Show Cause ~ ORDERED that the parties are to show cause, within ten (10) days from the date of this order, as to why case numbers 4D21-2699, 4D21-2957, 4D21-3204, 4D22-165, 4D22-154, 4D22-155, 4D22-157, 4D22-158, 4D22-159, 4D22-162, 4D22-163, 4D22-172, 4D22-173, 4D22-174, 4D22-175, 4D22-178, 4D22-179, 4D22-180, 4D22-181, 4D22-183, 4D22-184, 4D22-187, 4D22-189, 4D22-190, 4D22-193, 4D22-194, 4D22-195, 4D22-196, 4D22-197, 4D22-198, 4D22-199, 4D22-200, and 4D22-201 should not be consolidated for all purposes. Further,ORDERED that the parties are to address how the briefing will be handled as to the appeals’ differences in awards of attorney’s fees against solely Florida Spine and Joint Institute, LLC, and against both Florida Spine and Joint Institute, LLC, and Geico Insurance Co. |
Docket Date | 2022-01-19 |
Type | Misc. Events |
Subtype | Case Filing Fee Paid through Portal |
Description | Case Filing Fee Paid Through Portal |
On Behalf Of | Geico General Insurance Company |
Docket Date | 2022-01-19 |
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 | 2022-01-19 |
Type | Letter |
Subtype | Acknowledgment Letter |
Description | Acknowledgment Letter |
Docket Date | 2022-01-18 |
Type | Misc. Events |
Subtype | Miscellaneous Trial Court Document |
Description | Misc. LT pleadings ~ *Civil Cover Sheet |
Docket Date | 2022-01-18 |
Type | Notice |
Subtype | Notice of Appeal |
Description | Notice of Appeal Filed |
On Behalf Of | Geico General Insurance Company |
Name | Date |
---|---|
ANNUAL REPORT | 2025-01-17 |
AMENDED ANNUAL REPORT | 2024-06-28 |
AMENDED ANNUAL REPORT | 2024-04-22 |
ANNUAL REPORT | 2024-01-16 |
LC Amendment | 2023-02-27 |
ANNUAL REPORT | 2023-01-04 |
LC Amendment | 2022-09-02 |
CORLCRACHG | 2022-02-17 |
ANNUAL REPORT | 2022-01-17 |
ANNUAL REPORT | 2021-01-13 |
Date of last update: 23 Jan 2025
Sources: Florida Department of State