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FLORIDA SPINE AND JOINT INSTITUTE, LLC

Company Details

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

National Provider Identifier

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

Contacts

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

form 5500

Plan Name Plan Year EIN/PN Received Sponsor Total number of participants
FLORIDA SPINE AND JOINT INSTITUTE 401(K) PLAN 2017 462062707 2018-12-06 FLORIDA SPINE AND JOINT INSTITUTE, LLC 19
File View Page
Three-digit plan number (PN) 001
Effective date of plan 2015-01-01
Business code 621399
Sponsor’s telephone number 9549548889
Plan sponsor’s address 1725 N. UNIVERSITY DRIVE, #325, CORAL SPRINGS, FL, 33071
FLORIDA SPINE AND JOINT INSTITUTE 401(K) PLAN 2017 462062707 2018-07-11 FLORIDA SPINE AND JOINT INSTITUTE, LLC 14
File View Page
Three-digit plan number (PN) 001
Effective date of plan 2015-01-01
Business code 621399
Sponsor’s telephone number 9549548889
Plan sponsor’s address 1725 N. UNIVERSITY DRIVE, #325, CORAL SPRINGS, FL, 33071
FLORIDA SPINE AND JOINT INSTITUTE 401(K) PLAN 2016 462062707 2017-05-30 FLORIDA SPINE AND JOINT INSTITUTE, LLC 15
File View Page
Three-digit plan number (PN) 001
Effective date of plan 2015-01-01
Business code 621399
Sponsor’s telephone number 9549548889
Plan sponsor’s address 1725 N. UNIVERSITY DRIVE, #325, CORAL SPRINGS, FL, 33071
FLORIDA SPINE AND JOINT INSTITUTE 401(K) PLAN 2015 462062707 2016-08-29 FLORIDA SPINE AND JOINT INSTITUTE, LLC 8
File View Page
Three-digit plan number (PN) 001
Effective date of plan 2015-01-01
Business code 621399
Sponsor’s telephone number 9549548889
Plan sponsor’s address 1725 N. UNIVERSITY DRIVE, #325, CORAL SPRINGS, FL, 33071

Agent

Name Role Address
Lira, Lauren Agent 6782 W Sunrise Blvd, PLANTATION, FL 33313

Chief Operating Officer

Name Role Address
Lira, Lauren Chief Operating Officer 6782 W SUNRISE BLVD, PLANTATION, FL 33313

Authorized Member

Name Role
TCFII SPINE LLC Authorized Member

Fictitious Names

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

Events

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

Court Cases

Title Case Number Docket Date Status
GEICO GENERAL INSURANCE COMPANY VS FLORIDA SPINE AND JOINT INSTITUTE, LLC a/a/o DIANA DUBIN 4D2022-0191 2022-01-19 Closed
Classification NOA Final - County Small Claims - PIP
Court 4th District Court of Appeal
Originating Court County Court for the Seventeenth Judicial Circuit, Broward County
CONO19-010625

Parties

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.
GEICO GENERAL INSURANCE COMPANY VS FLORIDA SPINE AND JOINT INSTITUTE, LLC a/a/o KARYSABELL MURGAS 4D2022-0162 2022-01-18 Closed
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.
GOVERNMENT EMPLOYEES INSURANCE COMPANY VS FLORIDA SPINE AND JOINT INSTITUTE, LLC a/a/o KEISHA ESPECA 4D2022-0155 2022-01-18 Closed
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.
GEICO GENERAL INSURANCE COMPANY VS FLORIDA SPINE AND JOINT INSTITUTE, LLC a/a/o TANIA REYES SANCHEZ 4D2022-0199 2022-01-18 Closed
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
GEICO INDEMNITY COMPANY VS FLORIDA SPINE AND JOINT INSTITUTE, LLC a/a/o KARLA JOHNSON 4D2022-0197 2022-01-18 Closed
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
GEICO GENERAL INSURANCE COMPANY VS FLORIDA SPINE AND JOINT INSTITUTE, LLC a/a/o CARLA BRINSON 4D2022-0179 2022-01-18 Closed
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
GEICO GENERAL INSURANCE COMPANY VS FLORIDA SPINE AND JOINT INSTITUTE, LLC a/a/o LANCE ADAMS 4D2022-0180 2022-01-18 Closed
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
FLORIDA SPINE AND JOINT INSTITUTE, LLC a/a/o JUAN CORDOBA VS GEICO GENERAL INSURANCE COMPANY 4D2022-0165 2022-01-18 Closed
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
GOVERNMENT EMPLOYEES INSURANCE COMPANY VS FLORIDA SPINE AND JOINT INSTITUTE, LLC a/a/o GIOVANNI GORDON 4D2022-0157 2022-01-18 Closed
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.
GEICO GENERAL INSURANCE COMPANY VS FLORIDA SPINE AND JOINT INSTITUTE, LLC a/a/o REJEANNE PINCKOMBE 4D2022-0200 2022-01-18 Closed
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
GEICO GENERAL INSURANCE COMPANY VS FLORIDA SPINE AND JOINT INSTITUTE, LLC f/k/a SOUTH FLORIDA PAIN & REHABILITATION OF HIALEAH a/a/o CARLOS BARRAL 4D2022-0194 2022-01-18 Closed
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
GEICO GENERAL INSURANCE COMPANY VS FLORIDA SPINE AND JOINT INSTITUTE, LLC a/a/o ANA GABRIELA DELGADO 4D2022-0156 2022-01-18 Closed
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.
GEICO GENERAL INSURANCE COMPANY VS FLORIDA SPINE AND JOINT INSTITUTE, LLC a/a/o CIENID CARABALLO 4D2022-0163 2022-01-18 Closed
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
GEICO GENERAL INSURANCE COMPANY VS FLORIDA SPINE AND JOINT INSTITUTE, LLC a/a/o ASYIA CLAYTON 4D2022-0159 2022-01-18 Closed
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
GEICO GENERAL INSURANCE COMPANY VS FLORIDA SPINE AND JOINT INSTITUTE, LLC a/a/o ADRIAN ROSARIO 4D2022-0190 2022-01-18 Closed
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
GOVERNMENT EMPLOYEES INSURANCE COMPANY VS FLORIDA SPINE AND JOINT INSTITUTE, LLC a/a/o FRANCISCO ORTIZ 4D2022-0184 2022-01-18 Closed
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
GEICO INDEMNITY COMPANY VS FLORIDA SPINE AND JOINT INSTITUTE, LLC a/a/o TIMOTHY HEISERMAN 4D2022-0178 2022-01-18 Closed
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
GEICO INDEMNITY COMPANY VS FLORIDA SPINE AND JOINT INSTITUTE, LLC a/a/o KEON BROOKS 4D2022-0175 2022-01-18 Closed
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
GEICO INDEMNITY COMPANY VS FLORIDA SPINE AND JOINT INSTITUTE, LLC a/a/o BRADLEY LOMBARDO 4D2022-0193 2022-01-18 Closed
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
GEICO GENERAL INSURANCE COMPANY VS FLORIDA SPINE AND JOINT INSTITUTE, LLC a/a/o JACQUELINE ADDERLY 4D2022-0183 2022-01-18 Closed
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

Documents

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