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KINGSLEY CHIN, M.D., and LESS INSTITUTE CLINICAL, PLLC, Appellant(s) v. JESUS PEREZ, Appellee(s).
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4D2023-1395
|
2023-06-08
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE19025333
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Parties
| Name |
Kingsley Chin, M.D.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Jonathan P. Lynn, Dinah Stein, Sharon Rose Vosseller
|
|
| Name |
LESS INSTITUTE CLINICAL, PLLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Hon. Jeffrey R. Levenson
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
JESUS PEREZ CORP.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Robert Horst, Anthony Sos, Kenneth J. McKenna, Ryan Young, Adam Jeffrey Richardson
|
|
Docket Entries
| Docket Date |
2024-09-09
|
| Type |
Order
|
| Subtype |
Order Dispensing with Oral Argument
|
| Description |
After reviewing the briefs, the court, pursuant to Florida Rule of Appellate Procedure 9.320, has dispensed with oral argument. The case will be submitted to a conference by a panel of the court.
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| View |
View File
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|
| Docket Date |
2024-07-25
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| Type |
Motions Relating to Oral Argument
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| Subtype |
Motion/Request for Oral Argument
|
| Description |
Motion/Request for Oral Argument
|
|
| Docket Date |
2024-07-25
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Reply Brief
|
| View |
View File
|
|
| Docket Date |
2024-07-11
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
ORDERED that Appellants' July 10, 2024 motion for extension of time is granted, and Appellants shall serve the reply brief on or before July 26, 2024. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
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| View |
View File
|
|
| Docket Date |
2024-07-10
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Motion for Extension of Time to Serve Reply Brief
|
|
| Docket Date |
2024-06-27
|
| Type |
Recognizing Agreed Extension
|
| Subtype |
Reply Brief
|
| Description |
15 DAYS TO 7/12/24
|
|
| Docket Date |
2024-06-27
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension of Time - Reply Brief
|
|
| Docket Date |
2024-05-29
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Answer Brief
|
| View |
View File
|
|
| Docket Date |
2024-05-21
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order on Motion for Extension of Time to Serve Answer Brief
|
| View |
View File
|
|
| Docket Date |
2024-05-17
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Motion for Extension of Time to Serve Answer Brief
|
|
| Docket Date |
2024-04-17
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| Type |
Recognizing Agreed Extension
|
| Subtype |
Answer Brief
|
| Description |
30 DAYS TO 5/17/24
|
|
| Docket Date |
2024-04-17
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| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension of Time - Answer Brief
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|
| Docket Date |
2024-03-18
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| Type |
Recognizing Agreed Extension
|
| Subtype |
Answer Brief
|
| Description |
30 DAYS TO April 17, 2024.
|
|
| Docket Date |
2024-03-18
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension of Time - Answer Brief
|
| On Behalf Of |
Jesus Perez
|
|
| Docket Date |
2024-02-15
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
30 Days to March 18, 2024
|
|
| Docket Date |
2024-02-15
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension of Time - Answer Brief
|
| On Behalf Of |
Jesus Perez
|
|
| Docket Date |
2024-01-16
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| Type |
Brief
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| Subtype |
Initial Brief
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| Description |
Initial Brief
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| On Behalf Of |
Kingsley Chin, M.D.
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| View |
View File
|
|
| Docket Date |
2023-12-15
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| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Order on Motion for Extension of Time
|
| View |
View File
|
|
| Docket Date |
2023-12-14
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
MOTION TO CONTINUE STAY OF APPEAL
|
|
| Docket Date |
2023-11-16
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| Type |
Order
|
| Subtype |
Order on Motion to Stay
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| Description |
ORDERED that Appellants' November 15, 2023 motion for extension of time is treated as a motion to stay, and is granted. The case is stayed for thirty (30) days from the date of this order.
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| View |
View File
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| Docket Date |
2023-11-15
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to Serve Initial Brief
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| Description |
Motion for Extension of Time to Serve Initial Brief
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| On Behalf Of |
Kingsley Chin, M.D.
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|
| Docket Date |
2023-11-15
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| Type |
Notice
|
| Subtype |
Notice of Appearance
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| Description |
Notice of Appearance
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| On Behalf Of |
Jesus Perez
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|
| Docket Date |
2023-11-14
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| Type |
Record
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| Subtype |
Supplemental Record
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| Description |
***MOTION GRANTED*** Supplemental Record
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| On Behalf Of |
Kingsley Chin, M.D.
|
|
| Docket Date |
2023-11-14
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| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Order on Motion to Supplement Record
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| View |
View File
|
|
| Docket Date |
2023-11-08
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| Type |
Motions Relating to Records
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| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement Record
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| On Behalf Of |
Kingsley Chin, M.D.
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|
| Docket Date |
2023-10-12
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| Type |
Order
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| Subtype |
Order on Agreed Extension of Time
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| Description |
Order on Agreed Extension of Time -- 30 DAYS TO 11/15/23
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|
| Docket Date |
2023-10-12
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| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
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| Description |
Notice of Agreed Extension of Time - Initial Brief
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| On Behalf Of |
Kingsley Chin, M.D.
|
|
| Docket Date |
2023-09-12
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| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Order on Agreed Extension of Time -- 30 DAYS TO 10/16/23
|
|
| Docket Date |
2023-09-12
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| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension of Time - Initial Brief
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| On Behalf Of |
Kingsley Chin, M.D.
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|
| Docket Date |
2023-08-24
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| Type |
Record
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| Subtype |
Record on Appeal
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| Description |
Received Records ~ 506 PAGES
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| On Behalf Of |
Clerk - Broward
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|
| Docket Date |
2023-08-22
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| Type |
Misc. Events
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| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Kingsley Chin, M.D.
|
|
| Docket Date |
2023-08-15
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| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Kingsley Chin, M.D.
|
|
| Docket Date |
2023-08-15
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| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 9/15/23
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|
| Docket Date |
2023-08-14
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| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Kingsley Chin, M.D.
|
|
| Docket Date |
2023-08-11
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| Type |
Order
|
| Subtype |
Order to File Status Report
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| Description |
Order for Status Report Re: ROA ~ Upon consideration of the Notice of Inability to Complete the Record filed by the clerk of the lower tribunal on August 3, 2023, it is ORDERED that appellants shall file a report, within three (3) days from the date of this order, as to the status of the preparation of the record on appeal.
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| Docket Date |
2023-08-03
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| Type |
Notice
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| Subtype |
Notice
|
| Description |
Notice ~ OF INABILITY TO COMPLETE THE RECORD
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| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2023-06-08
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| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2023-06-08
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| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
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| Description |
Case Filing Fee Paid Through Portal
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| On Behalf Of |
Kingsley Chin, M.D.
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|
| Docket Date |
2023-06-08
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| Type |
Notice
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| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal Filed
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| On Behalf Of |
Kingsley Chin, M.D.
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|
| Docket Date |
2025-01-08
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| Type |
Misc. Events
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| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2025-01-08
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| Type |
Mandate
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| Subtype |
Mandate
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| Description |
Mandate
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| View |
View File
|
|
| Docket Date |
2024-12-18
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| Type |
Disposition by Opinion
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| Subtype |
Affirmed
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| Description |
Affirmed
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| View |
View File
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| Docket Date |
2023-06-08
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a lower tribunal clerk's determination of indigent status is filed.
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KINGSLEY R. CHIN, M.D., et al., VS NANCY LAZO, et al.,
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3D2022-1813
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2022-10-24
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Closed
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|
| Classification |
NOA Final - Circuit Civil - Other
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| Court |
3rd District Court of Appeal
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| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
18-13855
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Parties
| Name |
KINGSLEY R. CHIN, M.D.
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| Role |
Appellant
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| Status |
Active
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| Representations |
JONATHON P. LYNN, LORI B. LEWELLEN, JASON M. AZZARONE
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|
| Name |
LESS INSTITUTE CLINICAL, PLLC
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| Role |
Appellant
|
| Status |
Active
|
|
| Name |
DAVID LABRA
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| Role |
Appellee
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| Status |
Active
|
|
| Name |
NANCY LAZO
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| Role |
Appellee
|
| Status |
Active
|
| Representations |
Joel H. Brown, Philip Freidin, WHITNEY M. UNTIEDT
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|
| Name |
Hon. Beatrice Butchko
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| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-01-05
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| Type |
Record
|
| Subtype |
Record on Appeal Confidential
|
| Description |
Confidential Records
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2023-01-04
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| Type |
Disposition by Opinion
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| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2023-01-04
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| Type |
Mandate
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| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2023-01-04
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| Type |
Notice
|
| Subtype |
Voluntary Dismissal
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| Description |
Voluntary Dismissal Recognized (OG33) ~ IT IS HEREBY ORDERED that the appellants’ Notice of Voluntary Dismissal is recognized by the Court, and this appeal from the Circuit Court for Miami-Dade County, Florida, is hereby dismissed.
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| Docket Date |
2023-01-04
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| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2022-12-20
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal ~ NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICEOF APPEAL
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| On Behalf Of |
KINGSLEY R. CHIN, M.D.
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|
| Docket Date |
2022-11-15
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| Type |
Order
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| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER (OR999) ~ Appellants’ Response to the Court’s Show Cause Order is noted. The Amended Notice of Appeal is deemed filed.
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| Docket Date |
2022-11-14
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| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal
|
| On Behalf Of |
KINGSLEY R. CHIN, M.D.
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|
| Docket Date |
2022-11-10
|
| Type |
Misc. Events
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| Subtype |
Case Filing Fee Paid through Portal
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| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
KINGSLEY R. CHIN, M.D.
|
|
| Docket Date |
2022-11-10
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
KINGSLEY R. CHIN, M.D.
|
|
| Docket Date |
2022-11-10
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANTS' RESPONSE TO SHOW CAUSE ORDER
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| On Behalf Of |
KINGSLEY R. CHIN, M.D.
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|
| Docket Date |
2022-11-01
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| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Why App.Shldn't be DATFANAO(OR12G) ~ Appellants shall show cause, within ten (10) days from the date of this Order, as to why the appeal should not be dismissed as one taken from a non-final, non-appealable order. See St. Juste v. Deutsche Bank Nat'l Tr. Co., 282 So. 3d 936 (Fla. 3d DCA 2019); Maxwell v. Nugget Oil, Inc., 744 So. 2d 1203, 1204 (Fla. 1st DCA 1999) ("[A]n order denying a motion for a new trial is neither appealable as a final order nor as a non-final order appealable pursuant to Florida Rule of Appellate Procedure 9.130.").
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| Docket Date |
2022-10-24
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| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
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| On Behalf Of |
KINGSLEY R. CHIN, M.D.
|
|
| Docket Date |
2022-10-24
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case letter with attachments. The 3DCA $300 filing fee for a notice of appeal is due.
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| Docket Date |
2022-10-24
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| Type |
Misc. Events
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| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-10-24
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| Type |
Order
|
| Subtype |
Order on Filing Fee
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| Description |
Order to pay filing fee-civil w/atty (OR14B) ~ This is to notify counsel for Appellants that the filing and prosecution of a notice of appeal in this Court is not acceptable without compliance with the Florida Rules of Appellate Procedure. Therefore, this appeal will be dismissed unless the required three hundred dollar ($300.00) fee is paid to the Clerk of the Court on or before November 3, 2022.
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ALLIANCE SPINE & JOINT I, INC. d/b/a AVENTURA SURGERY CENTER, VS NICOLE MARTINS, as personal representative of the ESTATE of MARK WOODARD, et al.
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4D2022-1992
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2022-07-22
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Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE-21-005581
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Parties
| Name |
ALLIANCE SPINE & JOINT I, INC.
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Michelle Lynn Del Pino, Kenneth S Merber, Brian L Harvell
|
|
| Name |
Aventura Surgery Center’s
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Dr. Kinsley Chin
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
SPINEFRONTIER, INC.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Mark Woodard
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Lori B. Lewellen, Jonathon Proctor Lynn, Dan I. Cytryn
|
|
| Name |
Tania Boccia Damasceno
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Nicole Martins, as personal representative of the estate of Mark Woodard
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
LESS INSTITUTE CLINICAL, PLLC
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
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Docket Entries
| Docket Date |
2023-02-20
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Mark Woodard
|
|
| Docket Date |
2023-03-28
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED that, having considered petitioner's March 24, 2023 response, this proceeding shall remain stayed. The parties shall file a status report within ninety (90) days of this order.
|
|
| Docket Date |
2023-03-24
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause
|
| On Behalf Of |
Alliance Spine & Joint I, Inc.
|
|
| Docket Date |
2023-03-21
|
| Type |
Order
|
| Subtype |
Show Cause re Compliance with Prior Order
|
| Description |
Order to Show Cause-Appeal Dismissal ~ ORDERED that petitioner is directed to show cause in writing, if any there be, within five (5) days from the date of this order, why the above-styled case should not be dismissed as moot.
|
|
| Docket Date |
2023-03-20
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Mark Woodard
|
|
| Docket Date |
2023-07-24
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2023-07-24
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the July 20, 2023 notice of voluntary dismissal, this case is dismissed.
|
|
| Docket Date |
2023-07-20
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
Alliance Spine & Joint I, Inc.
|
|
| Docket Date |
2023-06-26
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Mark Woodard
|
|
| Docket Date |
2023-01-04
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Grant Stay ~ ORDERED that respondent's November 28, 2022 motion for stay is granted. This proceeding is stayed pending further order of this court. Respondents shall file a status report within forty-five days (45) from the date of this order and every thirty (30) days thereafter as necessary.
|
|
| Docket Date |
2022-11-28
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay
|
| On Behalf Of |
Mark Woodard
|
|
| Docket Date |
2022-11-08
|
| Type |
Order
|
| Subtype |
Order on Motion For Substitution of Parties
|
| Description |
ORD-Allowing Substitution of Parties ~ ORDERED that respondents’ November 11, 2022 motion for substitution of parties is granted. Nicole Martins, as personal representative of the estate of Mark Woodard, is substituted for respondent Mark Woodard in this proceeding. The time for filing a response to this Court’s August 18, 2022 order to show cause is extended twenty (20) days from the date of this order. Petitioner may file a reply within ten (10) days after the filing of the response.
|
|
| Docket Date |
2022-11-03
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion For Substitution of Parties
|
| Description |
Motion For Substitution of Parties ~ *AND* EXTENSION OF TIME TO RESPOND TO PETITION
|
| On Behalf Of |
Mark Woodard
|
|
| Docket Date |
2022-10-10
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Mark Woodard
|
|
| Docket Date |
2022-09-09
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT to file Response ~ ORDERED that respondent's September 7, 2022 motion for extension of time is granted. The time for filing a response to the petition is extended for twenty (20) days after a Personal Representative is appointed. Respondent shall promptly file a notice with this Court advising when a personal representative has been appointed. Respondent shall file a status report within thirty (30) days of this order, and every thirty (30) days thereafter as necessary regarding the status of the appointment of a personal representative.
|
|
| Docket Date |
2022-09-07
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
| On Behalf Of |
Mark Woodard
|
|
| Docket Date |
2022-08-22
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion ~ ORDERED that petitioner's August 18, 2022 motion is granted. The amended petition is accepted. Respondents shall file a response to the amended petition within the time provided in this Court's order to show cause.
|
|
| Docket Date |
2022-08-19
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF CONSENT TO AMEND
|
| On Behalf Of |
Alliance Spine & Joint I, Inc.
|
|
| Docket Date |
2022-08-19
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed ~ **AMENDED**
|
| On Behalf Of |
Alliance Spine & Joint I, Inc.
|
|
| Docket Date |
2022-08-18
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ TO AMEND PETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
Alliance Spine & Joint I, Inc.
|
|
| Docket Date |
2022-08-18
|
| Type |
Order
|
| Subtype |
Show Cause re Petition
|
| Description |
ORD-Writs Show Cause with Reply ~ ORDERED that respondent shall file a response within twenty (20) days and show cause why the petition should not be granted. Petitioner may file a reply within ten (10) days of service of the response.
|
|
| Docket Date |
2022-08-18
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
| On Behalf Of |
Alliance Spine & Joint I, Inc.
|
|
| Docket Date |
2022-07-29
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that petitioner’s appendix is stricken as not in compliance with Florida Rule of Appellate Procedure 9.220(c). The appendix must “be bookmarked, consistently with the index, such that each bookmark states the date, name of the document which it references, and directs to the first page of that document.” Id. Additionally, the appendix is insufficient as it fails to provide a copy of Interrogatory 11 and the objection/motion to compel at issue. The trial court’s order indicates that the ruling was based in part on the court’s prior May 24, 2022 order, which has not been provided. Within ten (10) days of this order, petitioner shall file a properly formatted amended appendix that provides an adequate record to review the issue presented. The appendix must contain a copy of the interrogatory at issue, the objection/motion to compel directed thereto, and the court’s order. Additionally, the appendix must provide a copy of the court’s May 24, 2022 order, and all the filings (motion(s), response(s), etc.) and hearing transcript(s) related to the court’s prior ruling. Failure to provide an adequate record will result in denial of the petition. Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150 (Fla. 1979).
|
|
| Docket Date |
2022-07-26
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Writ of Certiorari / Acknowledgment letter
|
|
| Docket Date |
2022-07-22
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed ~ *FILING FEE PAID ELECTRONICALLY
|
| On Behalf Of |
Alliance Spine & Joint I, Inc.
|
|
| Docket Date |
2022-07-22
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-07-22
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition ~ *FILING FEE PAID ELECTRONICALLY ***STRICKEN**
|
| On Behalf Of |
Alliance Spine & Joint I, Inc.
|
|
|
|
LESS INSTITUTE CLINICAL, PLLC Patient: AUDREANNA LEWIS VS WINDHAVEN INSURANCE COMPANY
|
4D2021-0239
|
2021-01-12
|
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
CONO18-005967
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE19-13652
|
Parties
| Name |
LESS INSTITUTE CLINICAL, PLLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Chad Christensen, Douglas H. Stein
|
|
| Name |
Audreanna Lewis
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
WINDHAVEN INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Caryn L. Bellus, Barbara Fox, Jennifer Pelaez
|
|
| Name |
Hon. John D. Fry
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-12-07
|
| Type |
Order
|
| Subtype |
Order on Motion For Clarification
|
| Description |
Grant Clarification ~ ORDERED that upon consideration of the appellant’s November 22, 2021 response, Florida Insurance Guaranty Association’s November 15, 2021 motion for clarification is granted and this court’s November 5, 2021 order is vacated. Further,ORDERED that this court determines that the above-styled appeal is moot in light of Florida Insurance Guaranty Association’s October 27, 2021 notice of mootness and payment and this appeal is dismissed. Further,ORDERED that appellant’s December 4, 2019 motion for attorney’s fees is denied. See Fla. Ins. Guar. Ass’n v. Smothers, 65 So. 3d 541, 542 (Fla. 4th DCA 2011).CONNER, C.J., WARNER and FORST.
|
|
| Docket Date |
2021-09-27
|
| Type |
Order
|
| Subtype |
Order re Stay
|
| Description |
Stay is lifted, case to proceed ~ Upon consideration of the appellee’s July 30, 2021 status report, appellant’s August 2, 2021 response to the appellee’s status report, appellee’s September 9, 2021 response to this Court’s August 10, 2021 order, and appellant’s September 17, 2021 reply to appellee’s response, it is ORDERED that the stay entered on January 6, 2020, is lifted and the above-styled appeal shall proceed. Further, ORDERED that appellee shall serve its answer brief within thirty (30) days from the date of this order. In addition, if the answer 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.
|
|
| Docket Date |
2021-01-15
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order to File Status Report ~ ORDERED that appellee is directed to file a status report within ten (10) days from thedate of this order as to the stay.
|
|
| Docket Date |
2021-12-07
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2021-11-22
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR CLARIFICATION
|
| On Behalf Of |
Less Institute Clinical, PLLC
|
|
| Docket Date |
2021-11-15
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Clarification
|
| Description |
Motion for Clarification
|
| On Behalf Of |
Windhaven Insurance Company
|
|
| Docket Date |
2021-11-05
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion ~ **VACATED**ORDERED that Florida Insurance Guaranty Association's November 1, 2021 motion for leave to file sur-reply to appellant's reply to notice of mootness is granted and the sur-reply is deemed filed as of the date of this order. Further, ORDERED that, upon consideration of Florida Insurance Guaranty Association's October 27, 2021 notice of mootness and payment and the parties' responses, Florida Insurance Guaranty Association shall file the answer brief or a confession of error within ten (10) days from the date of this order.
|
|
| Docket Date |
2021-11-02
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO FLORIDA INSURANCE GUARANTY ASSOCIATION'S MOTION FOR LEAVE TO FILE SUR-REPLY
|
| On Behalf Of |
Less Institute Clinical, PLLC
|
|
| Docket Date |
2021-11-01
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ FOR LEAVE TO FILE SUR-REPLY TO APPELLANT'S REPLY TO NOTICE OF MOOTNESS **SUR-REPLY ATTACHED TO MOTION**
|
| On Behalf Of |
Windhaven Insurance Company
|
|
| Docket Date |
2021-10-27
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO NOTICE OF MOOTNESS AND PAYMENT
|
| On Behalf Of |
Less Institute Clinical, PLLC
|
|
| Docket Date |
2021-10-27
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF MOOTNESS AND PAYMENT
|
| On Behalf Of |
Windhaven Insurance Company
|
|
| Docket Date |
2021-09-17
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Response
|
| On Behalf Of |
Less Institute Clinical, PLLC
|
|
| Docket Date |
2021-09-10
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-To File Response ~ ORDERED that appellant is directed to reply, within ten (10) days from the date of this order, to Florida Insurance Guaranty Association’s September 9, 2021 response.
|
|
| Docket Date |
2021-09-09
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO COURT ORDER AND REQUEST FOR STAY TO ALLOW FIGA TO MAKE PAYMENT
|
| On Behalf Of |
Windhaven Insurance Company
|
|
| Docket Date |
2021-08-10
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-To File Response ~ Upon consideration of appellant’s August 2, 2021 response, it is ORDERED that Florida Insurance Guaranty Association is directed to respond within thirty (30) days from the date of this order as to whether it concedes the underlying claim in this matter is a covered claim pursuant to section 631.54(4), Florida Statutes (2020), and whether it concedes an obligation to defend the underlying claim in this matter.
|
|
| Docket Date |
2021-08-02
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO STATUS UPDATE REPORT
|
| On Behalf Of |
Less Institute Clinical, PLLC
|
|
| Docket Date |
2021-07-30
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellant to File Response ~ ORDERED that appellant is directed to respond, within ten (10) days from the date of this order, to appellee’s June 29, 2021 status report.
|
|
| Docket Date |
2021-07-30
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Windhaven Insurance Company
|
|
| Docket Date |
2021-06-29
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Windhaven Insurance Company
|
|
| Docket Date |
2021-06-11
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order to File Status Report ~ ORDERED that appellee is directed to file a status report, within ten (10) days from the date of this order, as to the stay.
|
|
| Docket Date |
2021-05-11
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Windhaven Insurance Company
|
|
| Docket Date |
2021-04-12
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Windhaven Insurance Company
|
|
| Docket Date |
2021-04-12
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order to File Status Report ~ ORDERED that appellee is directed to file a status report, within ten (10) days from the date of this order, as to the stay.
|
|
| Docket Date |
2021-03-10
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Windhaven Insurance Company
|
|
| Docket Date |
2021-02-08
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order to File Status Report ~ ORDERED that appellee is directed to file a status report, within thirty (30) days from the date of this order, as to the stay.
|
|
| Docket Date |
2021-02-05
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Windhaven Insurance Company
|
|
| Docket Date |
2021-01-26
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Less Institute Clinical, PLLC
|
|
| Docket Date |
2021-01-14
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2021-01-14
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
|
| Docket Date |
2021-01-12
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NF:Not Required
|
|
| Docket Date |
2021-01-12
|
| Type |
Notice
|
| Subtype |
Appeal Transfer Cover Sheet
|
| Description |
Appeal Transfer Form
|
| On Behalf Of |
Less Institute Clinical, PLLC
|
|
| Docket Date |
2021-01-12
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records
|
|
|
