|
LIVE YOUNG, PLLC d/b/a LIVE YOUNG CHIROPRACTIC VS ALLSTATE INSURANCE COMPANY
|
4D2021-0721
|
2021-02-04
|
Closed
|
|
| Classification |
NOA Non Final - County Small Claims - PIP
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CONO20-014518
|
Parties
| Name |
Live Young Chiropractic
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
LIVE YOUNG PLLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Chad A. Barr
|
|
| Name |
ALLSTATE INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Daniel E. Nordby, Douglas G. Brehm, Alyssa L. Cory
|
|
| Name |
Hon. John D. Fry
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-05-12
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee's May 11, 2021 motion for extension of time is granted, and appellee shall serve the answer brief on or before May 18, 2021. In addition, appellee is notified that the failure to serve the brief within the time provided herein may foreclose appellee's right to file a brief or otherwise participate in this appeal.
|
|
| Docket Date |
2021-05-11
|
| 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 |
Allstate Insurance Company
|
|
| Docket Date |
2021-07-28
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney Fees-Prevailing ~ ORDERED that, having considered the opposition raised by appellees in 4D21-1352, 4D21-1354, and 4D21-1502, appellants’ motions for appellate attorney’s fees in these consolidated cases are granted conditioned on the trial court determining that the moving party is the prevailing party in the proceedings below.
|
|
| Docket Date |
2222-06-17
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ CASE NUMBERS 4D21-721, 4D21-1079, 4D21-1109, 4D21-1111, 4D21-1112, 4D21-1407, 4D21-1510, 4D21-1579, 4D21-1581, 4D21-1602, 4D21-1078, 4D21-1352, 4D21-1354, and 4D21-1502 ARE CONSOLIDATED FOR PURPOSES OF PANEL AND OPINION. SEE 06/16/2021 ORDER.
|
|
| Docket Date |
2222-02-11
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ **NO GJ**
|
|
| Docket Date |
2021-08-13
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2021-08-13
|
| Type |
Order
|
| Subtype |
Order Vacating/Withdrawing Order
|
| Description |
Order Vacated ~ ORDERED that this court's mandate issued August 13, 2021 is hereby withdrawn. A corrected mandate will be issued in its place.
|
|
| Docket Date |
2021-08-13
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-07-28
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed - Per Curiam Opinion ~ ON CONFESSION OF ERROR
|
|
| Docket Date |
2021-06-16
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED that case numbers 4D21-721, 4D21-1079, 4D21-1109, 4D21-1111, 4D21-1112, 4D21-1407, 4D21-1510, 4D21-1579, 4D21-1581, 4D21-1602, 4D21-1078, 4D21-1352, 4D21-1354, and 4D21-1502 are consolidated for purposes of panel and opinion.
|
|
| Docket Date |
2021-05-17
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause
|
| On Behalf Of |
Allstate Insurance Company
|
|
| Docket Date |
2021-05-17
|
| Type |
Notice
|
| Subtype |
Concession/Confession of Error
|
| Description |
Confession of Error
|
| On Behalf Of |
Allstate Insurance Company
|
|
| Docket Date |
2021-05-12
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO APPELLEE'S MOTION FOR EXTENSION OF TIME TO SERVE ANSWER BRIEF
|
| On Behalf Of |
Live Young, PLLC
|
|
| Docket Date |
2021-04-26
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO APPELLANT'S MOTION FOR APPELLATE ATTORNEY'S FEES
|
| On Behalf Of |
Allstate Insurance Company
|
|
| Docket Date |
2021-04-15
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Live Young, PLLC
|
|
| Docket Date |
2021-04-12
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that appellant's appendix to the initial brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.220(c), which was amended effective October 1, 2017, in that it was not text searchable. An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2021-04-09
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ **RESPONSE FILED 04/26/2021**
|
| On Behalf Of |
Live Young, PLLC
|
|
| Docket Date |
2021-04-09
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ **STRICKEN**
|
| On Behalf Of |
Live Young, PLLC
|
|
| Docket Date |
2021-04-09
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Live Young, PLLC
|
|
| Docket Date |
2021-02-11
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO COURT'S ORDER TO PAY FILING FEE
|
| On Behalf Of |
Live Young, PLLC
|
|
| Docket Date |
2021-02-10
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Live Young, PLLC
|
|
| Docket Date |
2021-02-10
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ AMENDED
|
|
| Docket Date |
2021-02-10
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
|
| Docket Date |
2021-02-09
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Allstate Insurance Company
|
|
| Docket Date |
2021-02-05
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2021-02-04
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2021-02-04
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Live Young, PLLC
|
|
| Docket Date |
2021-05-10
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
Order to Show Cause ~ ORDERED that, within ten (10) days from the date of this order, appellee shall file a response with this court and show cause as to why this appeal should not be controlled by this court’s disposition in Advanced Diagnostic Group v. Ocean Harbor Cas. Ins. Co., Case No. 4D21-458, 2021 WL 1310851 (Fla. 4th DCA Apr. 8, 2021). Appellant may file a reply within five (5) days after the filing of the response. No extensions of time will be permitted absent a showing of extraordinary circumstances.
|
|
| Docket Date |
2021-02-05
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed.
|
|
|
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LIVE YOUNG, PLLC d/b/a LIVE YOUNG CHIROPRACTIC VS PROGRESSIVE SELECT INSURANCE COMPANY
|
4D2021-0596
|
2021-01-26
|
Closed
|
|
| Classification |
NOA Non Final - County Small Claims - PIP
|
| Court |
4th District Court of Appeal
|
| Originating Court |
County Court for the Seventeenth Judicial Circuit, Broward County
COWE20-018301
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE20-21713
|
Parties
| Name |
Live Young Chiropractic
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
LIVE YOUNG PLLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Chad A. Barr
|
|
| Name |
PROGRESSIVE SELECT INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Charles Strasser, Hetal Mamtora, Michael C. Clarke
|
|
| Name |
Hon. Olga Gonzalez-Levine
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-07-02
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2021-06-11
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-06-11
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-Denying Rehearing ~ ORDERED that appellee's May 27, 2021 motion for rehearing and clarification is denied.
|
|
| Docket Date |
2021-06-08
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken ~ ORDERED that appellant's June 7, 2021 response is stricken without prejudice to refiling a combined response as to all consolidated cases in Case No. 4D21-568. The combined response shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2021-06-08
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ COMBINED RESPONSE TO MOTION FOR REHEARING.
|
| On Behalf Of |
Live Young, PLLC
|
|
| Docket Date |
2021-06-07
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ **STRICKEN**
|
| On Behalf Of |
Live Young, PLLC
|
|
| Docket Date |
2021-05-27
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO MOTION FOR REHEARING.
|
| On Behalf Of |
Progressive Select Insurance Company
|
|
| Docket Date |
2021-05-27
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing ~ ANDALTERNATIVELY CLARIFICATION OF ORDER AWARDINGAPPELLATE ATTORNEY'S FEES TO APPELLANT
|
| On Behalf Of |
Progressive Select Insurance Company
|
|
| Docket Date |
2021-05-12
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed - Authored Opinion
|
|
| Docket Date |
2021-05-12
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney Fees-Prevailing ~ ORDERED that appellants’ February 2, 2021 motion for award of appellate attorney's fees is granted conditioned on the trial court determining that appellants are the prevailing party and, if so, setting the amount of the attorney's fees to be awarded for this appellate case. If a motion for rehearing is filed in this court, then services rendered in connection with the filing of the motion, including but not limited to preparation of a responsive pleading, shall be taken into account in computing the amount of the fee. Further,ORDERED that the motion for costs filed by Chad A. Barr is denied without prejudice to seek costs in the trial court.
|
|
| Docket Date |
2021-04-19
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORD-Granting Consolidation ~ ORDERED that appellant's March 8, 2021 motion to consolidate is granted, and case numbers 4D21-0568, 4D21-0569, 4D21-0570, 4D21-0580, 4D21-0581, 4D21-0588, 4D21-0589, 4D21-0590, 4D21-0591, 4D21-0593, 4D21-0595, 4D21-0596, and 4D21-0646 are now consolidated for all purposes and are to proceed under the time schedule for a nonfinal appeal and according to the requirements of Florida Rule of Appellate Procedure 9.130, and shall proceed under case number 4D21-0568.
|
|
| Docket Date |
2021-04-15
|
| Type |
Notice
|
| Subtype |
Concession/Confession of Error
|
| Description |
Confession of Error
|
| On Behalf Of |
Progressive Select Insurance Company
|
|
| Docket Date |
2021-04-12
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Live Young, PLLC
|
|
| Docket Date |
2021-04-12
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Live Young, PLLC
|
|
| Docket Date |
2021-04-05
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's April 1, 2021 motion for extension of time is granted, and appellant shall serve the initial brief within thirty (30) days from the date of this order. 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 |
2021-04-01
|
| 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 |
Live Young, PLLC
|
|
| Docket Date |
2021-02-17
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR AWARD OF APPELLATE ATTORNEY'S FEES
|
| On Behalf Of |
Progressive Select Insurance Company
|
|
| Docket Date |
2021-02-05
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar Case Pending
|
| On Behalf Of |
Progressive Select Insurance Company
|
|
| Docket Date |
2021-02-04
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's January 26, 2021 motion for extension of time is granted, and appellant shall serve the initial brief within sixty (60) days from the date of this order. 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 |
2021-02-04
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Progressive Select Insurance Company
|
|
| Docket Date |
2021-02-04
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit ~ PAYMENT OF FILING FEE
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2021-02-02
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Live Young, PLLC
|
|
| Docket Date |
2021-02-02
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar Case Pending
|
| On Behalf Of |
Live Young, PLLC
|
|
| Docket Date |
2021-01-27
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Related Case Order - Transfer ~ Upon consideration of the transfer of this case to this court from the circuit court, it is ORDERED that within ten (10) days from the date of this order, the parties shall: (1) ascertain whether there are any cases pending in this court, or any cases which are being transferred to this court from the circuit court, which are related to this case or raise same/similar issue(s); (2) if there are any related cases or cases which raise same/similar issue(s), file with this court a “Notice of Related Cases and/or Same or Similar Issues” which identifies those cases by district court and/or circuit court case number, states how those cases are related or contain same/similar issue(s) to this case, and addresses whether it would be appropriate for this court to consolidate those cases for all purposes or for purposes of assignment to the same panel; and (3) if there are no related cases or cases which raise same/similar issue(s), file a “Notice of Related Cases and/or Same or Similar Issues” which indicates that there are no related cases or cases with the same/similar issue(s).The parties may jointly file a single “Notice of Related Cases and/or Same or Similar Issues” in response to this order.
|
|
| Docket Date |
2021-01-27
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2021-01-26
|
| Type |
Notice
|
| Subtype |
Appeal Transfer Cover Sheet
|
| Description |
Appeal Transfer Form
|
| On Behalf Of |
Live Young, PLLC
|
|
| Docket Date |
2021-01-26
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NF:Not Required
|
|
| Docket Date |
2021-01-26
|
| 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 |
Live Young, PLLC
|
|
|
|
LIVE YOUNG, PLLC d/b/a LIVE YOUNG CHIROPRACTIC VS PROGRESSIVE AMERICAN INSURANCE COMPANY
|
4D2021-0595
|
2021-01-26
|
Closed
|
|
| Classification |
NOA Non Final - County Small Claims - PIP
|
| Court |
4th District Court of Appeal
|
| Originating Court |
County Court for the Seventeenth Judicial Circuit, Broward County
COWE20-018589
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE20-21705
|
Parties
| Name |
LIVE YOUNG PLLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Chad A. Barr
|
|
| Name |
Live Young Chiropractic
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
PROGRESSIVE AMERICAN INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Charles Strasser, Michael C. Clarke, John C. Daly, Jr., Hetal Mamtora
|
|
| Name |
Hon. Olga Gonzalez-Levine
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-07-02
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2021-06-11
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-06-11
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-Denying Rehearing ~ ORDERED that appellee's May 27, 2021 motion for rehearing and clarification is denied.
|
|
| Docket Date |
2021-06-08
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken ~ ORDERED that appellant's June 7, 2021 response is stricken without prejudice to refiling a combined response as to all consolidated cases in Case No. 4D21-568. The combined response shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2021-06-08
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ COMBINED RESPONSE TO MOTION FOR REHEARING.
|
| On Behalf Of |
Live Young, PLLC
|
|
| Docket Date |
2021-06-07
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ **STRICKEN** **ALL 6/7/21 RESPONSES TO THE MOTION FOR REHEARING ARE STRICKEN**
|
| On Behalf Of |
Live Young, PLLC
|
|
| Docket Date |
2021-05-27
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO MOTION FOR REHEARING.
|
| On Behalf Of |
Progressive American Insurance Company
|
|
| Docket Date |
2021-05-27
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing ~ ANDALTERNATIVELY CLARIFICATION OF ORDER AWARDINGAPPELLATE ATTORNEY'S FEES TO APPELLANT
|
| On Behalf Of |
Progressive American Insurance Company
|
|
| Docket Date |
2021-05-12
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney Fees-Prevailing ~ ORDERED that appellants’ February 2, 2021 motion for award of appellate attorney's fees is granted conditioned on the trial court determining that appellants are the prevailing party and, if so, setting the amount of the attorney's fees to be awarded for this appellate case. If a motion for rehearing is filed in this court, then services rendered in connection with the filing of the motion, including but not limited to preparation of a responsive pleading, shall be taken into account in computing the amount of the fee. Further,ORDERED that the motion for costs filed by Chad A. Barr is denied without prejudice to seek costs in the trial court.
|
|
| Docket Date |
2021-05-12
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed - Authored Opinion
|
|
| Docket Date |
2021-04-19
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORD-Granting Consolidation ~ ORDERED that appellant's March 8, 2021 motion to consolidate is granted, and case numbers 4D21-0568, 4D21-0569, 4D21-0570, 4D21-0580, 4D21-0581, 4D21-0588, 4D21-0589, 4D21-0590, 4D21-0591, 4D21-0593, 4D21-0595, 4D21-0596, and 4D21-0646 are now consolidated for all purposes and are to proceed under the time schedule for a nonfinal appeal and according to the requirements of Florida Rule of Appellate Procedure 9.130, and shall proceed under case number 4D21-0568.
|
|
| Docket Date |
2021-04-15
|
| Type |
Notice
|
| Subtype |
Concession/Confession of Error
|
| Description |
Confession of Error
|
| On Behalf Of |
Progressive American Insurance Company
|
|
| Docket Date |
2021-04-12
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Live Young, PLLC
|
|
| Docket Date |
2021-04-12
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Live Young, PLLC
|
|
| Docket Date |
2021-04-05
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's April 1, 2021 motion for extension of time is granted, and appellant shall serve the initial brief within thirty (30) days from the date of this order. 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 |
2021-04-01
|
| 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 |
Live Young, PLLC
|
|
| Docket Date |
2021-02-17
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR AWARD OF APPELLATE ATTORNEY'S FEES
|
| On Behalf Of |
Progressive American Insurance Company
|
|
| Docket Date |
2021-02-05
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar Case Pending
|
| On Behalf Of |
Progressive American Insurance Company
|
|
| Docket Date |
2021-02-04
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Progressive American Insurance Company
|
|
| Docket Date |
2021-02-03
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's January 26, 2021 motion for extension of time is granted, and appellant shall serve the initial brief within sixty (60) days from the date of this order. 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 |
2021-02-02
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Live Young, PLLC
|
|
| Docket Date |
2021-02-02
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar Case Pending
|
| On Behalf Of |
Live Young, PLLC
|
|
| Docket Date |
2021-01-27
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Related Case Order - Transfer ~ Upon consideration of the transfer of this case to this court from the circuit court, it is ORDERED that within ten (10) days from the date of this order, the parties shall: (1) ascertain whether there are any cases pending in this court, or any cases which are being transferred to this court from the circuit court, which are related to this case or raise same/similar issue(s); (2) if there are any related cases or cases which raise same/similar issue(s), file with this court a “Notice of Related Cases and/or Same or Similar Issues” which identifies those cases by district court and/or circuit court case number, states how those cases are related or contain same/similar issue(s) to this case, and addresses whether it would be appropriate for this court to consolidate those cases for all purposes or for purposes of assignment to the same panel; and (3) if there are no related cases or cases which raise same/similar issue(s), file a “Notice of Related Cases and/or Same or Similar Issues” which indicates that there are no related cases or cases with the same/similar issue(s).The parties may jointly file a single “Notice of Related Cases and/or Same or Similar Issues” in response to this order.
|
|
| Docket Date |
2021-01-27
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2021-01-26
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NF:Not Required
|
|
| Docket Date |
2021-01-26
|
| Type |
Notice
|
| Subtype |
Circuit Court Appeal Documents
|
| Description |
Circuit Court Appeal Documents
|
| On Behalf Of |
Live Young, PLLC
|
|
| Docket Date |
2021-01-26
|
| 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 |
Live Young, PLLC
|
|
|
|
LIVE YOUNG, PLLC d/b/a LIVE YOUNG CHIROPRACTIC VS STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
|
4D2021-0575
|
2021-01-26
|
Closed
|
|
| Classification |
NOA Non Final - County Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE20-21699
County Court for the Seventeenth Judicial Circuit, Broward County
CONO20-000355
|
Parties
| Name |
Live Young Chiropractic
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
LIVE YOUNG PLLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Chad A. Barr
|
|
| Name |
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Nancy W. Gregoire Stamper, Zasha Rodriguez, Thomas J. Wenzel, Deborah L. Braile, Andrea Drawas, JEFFREY BAER
|
|
| Name |
Hon. Louis H. Schiff
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2222-06-17
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ Case numbers 4D21-575, 4D21-1405, 4D21-1408, 4D21-1409, 4D21-1443, and 4D21-1505 are consolidated for purposes of panel and opinion. See 06/15/2021 order.
|
|
| Docket Date |
2021-07-30
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2021-07-30
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-07-14
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed - Per Curiam Opinion
|
|
| Docket Date |
2021-07-14
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney Fees-Prevailing ~ ORDERED that, having considered the responses, appellants’ motions for appellate fees in these consolidated cases are granted conditioned on the trial court determining that the moving party is the prevailing party in the proceedings below.
|
|
| Docket Date |
2021-07-08
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
State Farm Mutual Automobile Insurance Company
|
|
| Docket Date |
2021-06-15
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED that case numbers 4D21-575, 4D21-1405, 4D21-1408, 4D21-1409, 4D21-1443, and 4D21-1505 are consolidated for purposes of panel and opinion.
|
|
| Docket Date |
2021-06-10
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Live Young, PLLC
|
|
| Docket Date |
2021-05-17
|
| Type |
Order
|
| Subtype |
Order on Motion To Strike
|
| Description |
Deny Motion to Strike ~ Upon consideration of appellee's May 14, 2021 response, it is ORDERED that appellant's May 13, 2021 motion to strike is denied.
|
|
| Docket Date |
2021-05-14
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO APPELLANT'S MOTION TO STRIKE
|
| On Behalf Of |
State Farm Mutual Automobile Insurance Company
|
|
| Docket Date |
2021-05-13
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike
|
| On Behalf Of |
Live Young, PLLC
|
|
| Docket Date |
2021-05-12
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
State Farm Mutual Automobile Insurance Company
|
|
| Docket Date |
2021-05-12
|
| Type |
Order
|
| Subtype |
Order on Motion For Leave To File Amended Brief
|
| Description |
Grant Motion Serve Amended Brief ~ ORDERED that appellee's May 11, 2021 motion to serve an amended answer brief is granted. Further,ORDERED that appellee's appendix to the answer brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.220(c), which was amended effective October 1, 2017, in that it was not was not completely text searchable. An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2021-05-11
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to Amend Brief
|
| Description |
Motion For Leave To File Amended Brief
|
| On Behalf Of |
State Farm Mutual Automobile Insurance Company
|
|
| Docket Date |
2021-05-11
|
| Type |
Brief
|
| Subtype |
Amended Answer Brief
|
| Description |
Amended Appellee's Answer Brief ~ ***MOTION GRANTED***
|
| On Behalf Of |
State Farm Mutual Automobile Insurance Company
|
|
| Docket Date |
2021-05-11
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
State Farm Mutual Automobile Insurance Company
|
|
| Docket Date |
2021-05-10
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
State Farm Mutual Automobile Insurance Company
|
|
| Docket Date |
2021-05-10
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ ***STRICKEN 5/12/21***
|
| On Behalf Of |
State Farm Mutual Automobile Insurance Company
|
|
| Docket Date |
2021-05-10
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
Order to Show Cause ~ ORDERED that, within ten (10) days from the date of this order, appellee shall file a response with this court and show cause as to why this appeal should not be controlled by this court’s disposition in Advanced Diagnostic Group v. Ocean Harbor Cas. Ins. Co., Case No. 4D21-458, 2021 WL 1310851 (Fla. 4th DCA Apr. 8, 2021). Appellant may file a reply within five (5) days after the filing of the response. No extensions of time will be permitted absent a showing of extraordinary circumstances.
|
|
| Docket Date |
2021-04-19
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken as Unauthorized ~ ORDERED sua sponte that clerk's April 8, 2021 affidavit of non-payment of appeal invoice is stricken as unauthorized as this is a non-final appeal for which no record is required.
|
|
| Docket Date |
2021-04-12
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Live Young, PLLC
|
|
| Docket Date |
2021-04-09
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Live Young, PLLC
|
|
| Docket Date |
2021-04-08
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit ~ ***STRICKEN 4/19/21***OF NON-PAYMENT OF APPEAL INVOICE
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2021-02-12
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's February 11, 2021 motion for extension of time is granted, and appellant shall serve the initial brief within sixty (60) days from the date of this order. 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 |
2021-02-11
|
| 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 |
Live Young, PLLC
|
|
| Docket Date |
2021-02-03
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's January 26, 2021 motion for extension of time is granted in part. Appellant shall serve the initial brief within thirty (30) 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 may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2021-02-02
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Live Young, PLLC
|
|
| Docket Date |
2021-02-02
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Live Young, PLLC
|
|
| Docket Date |
2021-01-27
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Document
|
| Description |
Misc. LT pleadings ~ NOTICE: PAYMENT OF FILING FEE
|
|
| Docket Date |
2021-01-27
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to Pay Filing Fee - Transfer ~ Upon consideration of the clerk of the lower tribunal’s notification that appellant(s) did not pay the filing fee or obtain a waiver of the filing fee before this case was transferred from the circuit court, it is ORDERED that, within twenty (20) days from the date of this order, appellant(s) shall pay the outstanding filing fee to the clerk of the lower tribunal, or obtain a waiver of the filing fee from the clerk of the lower tribunal. 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 clerk of the lower tribunal shall advise this court as to whether appellant(s) resolved the filing fee upon the expiration of the time frame set forth above.**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 resolved.
|
|
| Docket Date |
2021-01-26
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar Case Pending
|
| On Behalf Of |
Live Young, PLLC
|
|
| Docket Date |
2021-01-26
|
| 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 |
Live Young, PLLC
|
|
| Docket Date |
2021-01-26
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2021-01-26
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NF:Not Required
|
|
| Docket Date |
2020-12-22
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar Case Pending
|
| On Behalf Of |
State Farm Mutual Automobile Insurance Company
|
|
|
