|
PATH MEDICAL, LLC A/A/O JONATHAN POWERS, VS PROGRESSIVE SELECT INSURANCE COMPANY,
|
3D2022-1094
|
2022-06-24
|
Closed
|
|
| Classification |
NOA Non Final - County Small Claims - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
County Court for the Eleventh Judicial Circuit, Miami-Dade County
22-4227 SP
|
Parties
| Name |
PATH MEDICAL, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
JOHN C. DALY, MATTHEW C. BARBER
|
|
| Name |
HON. ELIJAH A. LEVITT
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
PROGRESSIVE SELECT INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Michael C. Clarke, CRISTINA LOMBILLO
|
|
Docket Entries
| Docket Date |
2022-08-09
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2022-08-09
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2022-08-09
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2022-08-08
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal ~ JOINT STIPULATION FOR DISMISSAL
|
| On Behalf Of |
PATH MEDICAL, LLC
|
|
| Docket Date |
2022-07-20
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Progressive Select Insurance Company
|
|
| Docket Date |
2022-07-20
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE TO APPELLANT'S MOTIONFOR APPELLATE ATTORNEY'S FEES
|
| On Behalf Of |
Progressive Select Insurance Company
|
|
| Docket Date |
2022-07-08
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
PATH MEDICAL, LLC
|
|
| Docket Date |
2022-07-08
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ APPELLANT'S APPENDIX TO INITIAL BRIEF
|
| On Behalf Of |
PATH MEDICAL, LLC
|
|
| Docket Date |
2022-07-08
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
PATH MEDICAL, LLC
|
|
| Docket Date |
2022-06-27
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
PATH MEDICAL, LLC
|
|
| Docket Date |
2022-06-27
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee-civil w/atty (OR14B) ~ This is to notify counsel for Appellant 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 July 7, 2022.
|
|
| Docket Date |
2022-06-24
|
| Type |
Notice
|
| Subtype |
Notice of Appeal Transmittal Form
|
| Description |
Notice of Transmittal--NOA
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2022-06-24
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. **The $300 filing fee for an appeal is due.
|
|
| Docket Date |
2022-06-24
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-08-09
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Stipulation of Dismissal (DA11J) ~ IT IS HEREBY ORDERED that the parties’ Joint Stipulation for Dismissal is recognized by the Court, and this appeal from the County Court for Miami-Dade County, Florida, is hereby dismissed.
|
|
|
|
UNITED AUTOMOBILE INSURANCE COMPANY, VS PATH MEDICAL, LLC, A/A/O ALEXANDRO PEREZ,
|
3D2022-1091
|
2022-06-24
|
Closed
|
|
| Classification |
NOA Final - County Small Claims - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
County Court for the Eleventh Judicial Circuit, Miami-Dade County
21-4539 SP
|
Parties
| Name |
UNITED AUTOMOBILE INSURANCE COMPANY
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Michael J. Neimand
|
|
| Name |
PATH MEDICAL, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
VINCENT J. RUTIGLIANO, Chad A. Barr
|
|
| Name |
Hon. Natalie Moore
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-01-11
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-01-11
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2023-01-11
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2023-01-11
|
| Type |
Notice
|
| Subtype |
Voluntary Dismissal
|
| Description |
Voluntary Dismissal Recognized (OG33) ~ IT IS HEREBY ORDERED that the appellant’s Notice of Voluntary Dismissal is recognized by the Court, and this appeal from the County Court for Miami-Dade County, Florida, is hereby dismissed. Upon consideration of Appellee’s Motion for Award of Appellate Attorney’s Fees, it is ordered that said Motion is hereby denied. See Sanchez v. State Farm Fla. Ins. Co., 997 So. 2d 1209 (Fla. 3d DCA 2008).
|
|
| Docket Date |
2022-12-30
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
United Automobile Insurance Company
|
|
| Docket Date |
2022-10-31
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB-60 days to 12/30/2022
|
|
| Docket Date |
2022-10-31
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
United Automobile Insurance Company
|
|
| Docket Date |
2022-08-31
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
United Automobile Insurance Company
|
|
| Docket Date |
2022-08-31
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB-60 days to 10/31/2022
|
|
| Docket Date |
2022-08-24
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2022-08-11
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE TO MOTION TO FOR APPELLATE FEES
|
| On Behalf Of |
United Automobile Insurance Company
|
|
| Docket Date |
2022-08-09
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
PATH MEDICAL, LLC
|
|
| Docket Date |
2022-07-19
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
PATH MEDICAL, LLC
|
|
| Docket Date |
2022-06-24
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
United Automobile Insurance Company
|
|
| Docket Date |
2022-06-24
|
| Type |
Letter
|
| 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.
|
|
| Docket Date |
2022-06-24
|
| Type |
Notice
|
| Subtype |
Notice of Appeal Transmittal Form
|
| Description |
Notice of Transmittal--NOA
|
| On Behalf Of |
PATH MEDICAL, LLC
|
|
|
|
PATH MEDICAL, LLC a/a/o ALEXANDER CABRERA VS DIRECT GENERAL INSURANCE COMPANY
|
4D2022-0452
|
2022-02-15
|
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
COWE19-018231
|
Parties
| Name |
PATH MEDICAL, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Matthew C. Barber, John C. Daly, Jr.
|
|
| Name |
Alexander Cabrera
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
DIRECT GENERAL INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Tamar Hoo-Pagan
|
|
| Name |
Hon. Ellen Feld
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-09-23
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
Path Medical, LLC
|
|
| Docket Date |
2022-09-23
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the September 23, 2022 notice of voluntary dismissal, this case is dismissed. Further,ORDERED that appellant’s July 27, 2022 motion for attorney’s fees is determined to be moot.
|
|
| Docket Date |
2022-09-23
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2022-09-01
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Order denying EOT w/out prejudice 9.300(a) ~ ORDERED that appellee's August 31, 2022 motion for extension of time is denied without prejudice for failure to comply with Florida Rule of Appellate Procedure 9.300(a). See also this court's Notice to Attorneys and to Parties Representing Themselves, Paragraphs 1 and 2.
|
|
| Docket Date |
2022-08-31
|
| 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 |
Direct General Insurance Company
|
|
| Docket Date |
2022-08-26
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellee's August 25, 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 |
2022-08-25
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response ~ **STRICKEN**
|
| On Behalf Of |
Hon. Ellen Feld
|
|
| Docket Date |
2022-07-27
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Path Medical, LLC
|
|
| Docket Date |
2022-07-26
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Path Medical, LLC
|
|
| Docket Date |
2022-04-25
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 90 DAYS TO 7/24/22.
|
|
| Docket Date |
2022-04-25
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Path Medical, LLC
|
|
| Docket Date |
2022-03-14
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ (60 PAGES)
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-02-28
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF DESIGNATION OF PRIMARY EMAIL ADDRESS
|
| On Behalf Of |
Path Medical, LLC
|
|
| Docket Date |
2022-02-16
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Path Medical, LLC
|
|
| Docket Date |
2022-02-15
|
| 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 |
2022-02-15
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-02-15
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-02-15
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Path Medical, LLC
|
|
|
|
UNITED AUTOMOBILE INSURANCE COMPANY, VS PATH MEDICAL, LLC, a/a/o CESAR SILVA,
|
3D2022-0258
|
2022-02-08
|
Closed
|
|
| Classification |
NOA Final - County Small Claims - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
County Court for the Eleventh Judicial Circuit, Miami-Dade County
21-12068 SP
|
Parties
| Name |
UNITED AUTOMOBILE INSURANCE COMPANY
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Michael J. Neimand
|
|
| Name |
PATH MEDICAL, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
CHARLES FLAXMAN, Felipe E. Diez
|
|
| Name |
Hon. Luis Perez-Medina
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-05-05
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-05-05
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2023-04-19
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Citation
|
|
| Docket Date |
2023-03-31
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Order Denying ORAL ARGUMENT ~ Upon consideration, the appellant’s Request for Oral Argument is hereby denied.
|
|
| Docket Date |
2023-01-13
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
PATH MEDICAL, LLC
|
|
| Docket Date |
2022-11-17
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Extension granted to file answer brief NFE (OG04A) ~ Appellee’s Notice of Agreed Extension of Time to File Answer Brief is treated as a motion for extension of time to file the answer brief, and the motion is granted to and including January 13, 2022, with no further extensions allowed. If said brief is not timely filed in accordance with this Order, the appellee(s) will be precluded from filing an answer brief and/or presenting oral argument to the Court in this cause.
|
|
| Docket Date |
2022-11-14
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
PATH MEDICAL, LLC
|
|
| Docket Date |
2022-09-19
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ AB-60 days to 11/15/2022
|
|
| Docket Date |
2022-09-16
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
PATH MEDICAL, LLC
|
|
| Docket Date |
2022-07-20
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ AB-60 days to 9/19/2022
|
|
| Docket Date |
2022-07-20
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
PATH MEDICAL, LLC
|
|
| Docket Date |
2022-07-01
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Mot to Supplement Rec w/attachment Granted (OG13) ~ Appellant’s Motion to Supplement the Record, filed on June 30, 2022, is granted, and the record on appeal is supplemented to include the transcripts that are attached to said Motion.
|
|
| Docket Date |
2022-06-30
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
United Automobile Insurance Company
|
|
| Docket Date |
2022-06-30
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement the Record
|
| On Behalf Of |
United Automobile Insurance Company
|
|
| Docket Date |
2022-06-30
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
United Automobile Insurance Company
|
|
| Docket Date |
2022-06-17
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB-60 days to 8/16/2022
|
|
| Docket Date |
2022-06-16
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
United Automobile Insurance Company
|
|
| Docket Date |
2022-04-18
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
United Automobile Insurance Company
|
|
| Docket Date |
2022-04-18
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB-60 days to 6/17/2022
|
|
| Docket Date |
2022-03-31
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2022-02-08
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
| On Behalf Of |
United Automobile Insurance Company
|
|
| Docket Date |
2022-02-08
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. **The $300 filing fee for an appeal is due.
|
|
| Docket Date |
2022-02-08
|
| Type |
Notice
|
| Subtype |
Notice of Appeal Transmittal Form
|
| Description |
Notice of Transmittal--NOA
|
| On Behalf Of |
PATH MEDICAL, LLC
|
|
|
|
UNITED AUTOMOBILE INSURANCE COMPANY VS PATH MEDICAL, LLC a/a/o SOPHIA DERIVAL
|
4D2021-3466
|
2021-12-08
|
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
COCE21-008456
|
Parties
| Name |
UNITED AUTOMOBILE INSURANCE COMPANY
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Michael J. Neimand
|
|
| Name |
Sophia Derival
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PATH MEDICAL, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Gregory E. Gudin
|
|
| Name |
Hon. Kathleen McCarthy
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-02-18
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
United Automobile Insurance Company
|
|
| Docket Date |
2023-07-07
|
| Type |
Record
|
| Subtype |
Returned Exhibits
|
| Description |
Returned Exhibits
|
|
| Docket Date |
2022-05-04
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
United Automobile Insurance Company
|
|
| Docket Date |
2022-05-04
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2022-05-04
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the May 4, 2022 notice of voluntary dismissal, this case is dismissed.
|
|
| Docket Date |
2022-03-31
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
United Automobile Insurance Company
|
|
| Docket Date |
2022-03-31
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 45 DAYS TO 5/16/22.
|
|
| Docket Date |
2022-03-07
|
| Type |
Record
|
| Subtype |
Exhibits
|
| Description |
Received Exhibits ~ 1 ENVELOPE.
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-02-21
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 270 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-02-15
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order for Status Report Re: ROA ~ Upon consideration of the affidavit filed by the clerk of the lower tribunal on February 7, 2022, it is ORDERED that appellant shall file a report, within five (5) days from the date of this order, as to the status of the payment for the record on appeal.
|
|
| Docket Date |
2022-02-14
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 45 DAYS TO 4/1/22.
|
|
| Docket Date |
2022-02-14
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
United Automobile Insurance Company
|
|
| Docket Date |
2022-02-07
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-01-10
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
United Automobile Insurance Company
|
|
| Docket Date |
2022-01-05
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order for Status Report Re: ROA ~ Upon consideration of the affidavit filed by the clerk of the lower tribunal on December 28, 2021, it is ORDERED that appellant shall file a report, within five (5) days from the date of this order, as to the status of the payment for the record on appeal.
|
|
| Docket Date |
2021-12-28
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit ~ OF NON-PAYMENT OF APPEAL INVOICE
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2021-12-08
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
United Automobile Insurance Company
|
|
| Docket Date |
2021-12-08
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2021-12-08
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
United Automobile Insurance Company
|
|
| Docket Date |
2021-12-08
|
| 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, 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.
|
|
|
|
PATH MEDICAL, LLC a/a/o NADINE WEST VS PROGRESSIVE AMERICAN INSURANCE COMPANY
|
4D2021-2123
|
2021-07-14
|
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
COWE19-006792
|
Parties
| Name |
PATH MEDICAL, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Matthew C. Barber, John C. Daly, Jr.
|
|
| Name |
Nadine West
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
PROGRESSIVE AMERICAN INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Ashley Cole
|
|
| Name |
Hon. Natasha DePrimo
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-09-20
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2021-09-20
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the September 17, 2021 notice of voluntary dismissal, this case is dismissed.
|
|
| Docket Date |
2021-09-17
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal ~ ***STIPULATION***
|
| On Behalf Of |
Path Medical, LLC
|
|
| Docket Date |
2021-08-30
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 305 PAGES (PAGES 1-294)
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2021-08-23
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Path Medical, LLC
|
|
| Docket Date |
2021-08-17
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2021-08-13
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order for Status Report Re: ROA ~ Upon consideration of the affidavit filed by the clerk of the lower tribunal on August 4, 2021, appellant is ordered to file a report, within ten (10) days from the date of this order, as to the status of the payment for and preparation of the record on appeal.
|
|
| Docket Date |
2021-08-04
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2021-07-14
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2021-07-14
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Path Medical, LLC
|
|
| Docket Date |
2021-07-14
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Path Medical, LLC
|
|
| Docket Date |
2021-07-14
|
| 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, 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.
|
|
|
|
PATH MEDICAL, LLC a/a/o TERRENCE ISOM VS ALLSTATE INDEMNITY COMPANY
|
4D2021-1109
|
2021-03-23
|
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
COWE20-008301
|
Parties
| Name |
Terrence Isom
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
PATH MEDICAL, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Matthew C. Barber, John C. Daly, Jr., Christina Kalin
|
|
| Name |
ALLSTATE INDEMNITY COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Alyssa L. Cory, Douglas G. Brehm, Daniel E. Nordby
|
|
| Name |
Hon. Ellen Feld
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-08-13
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| 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 |
2222-04-05
|
| 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 |
2021-07-28
|
| 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 |
Notice
|
| Subtype |
Concession/Confession of Error
|
| Description |
Confession of Error
|
| On Behalf Of |
Allstate Indemnity Company
|
|
| Docket Date |
2021-05-17
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause
|
| On Behalf Of |
Allstate Indemnity Company
|
|
| Docket Date |
2021-05-05
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ **RESPONSE FILED 05/17/2021** AMENDED
|
| On Behalf Of |
Path Medical, LLC
|
|
| Docket Date |
2021-05-05
|
| 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 completely text searchable, and contains bookmarks which are not in compliance with Rule 9.220(c)(3). An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2021-05-05
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Path Medical, LLC
|
|
| Docket Date |
2021-05-04
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Path Medical, LLC
|
|
| Docket Date |
2021-05-04
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ **STRICKEN**
|
| On Behalf Of |
Path Medical, LLC
|
|
| Docket Date |
2021-05-04
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Path Medical, LLC
|
|
| Docket Date |
2021-04-14
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ AND RESPONSE TO THIS COURT'S ORDER TO SHOW CAUSE
|
| On Behalf Of |
Path Medical, LLC
|
|
| Docket Date |
2021-04-14
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ Upon consideration of appellant’s April 14, 2021 response, this court’s April 13, 2021 order to show cause is discharged. Further,ORDERED that the motion for extension of time, contained in the response, is granted, and appellant shall serve the initial brief and appendix on or before May 14, 2021. In addition, if the initial brief and appendix are 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 |
2021-04-13
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief/Apdx ~ **DISCHARGED**ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, within ten (10) days from the date of this order, why the above-styled case should not be dismissed for lack of timely prosecution, in that appellant's initial brief and appendix have not been filed with this court as of this date, pursuant to Florida Rule of Appellate Procedure 9.130(e). Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief and appendix are filed within this time, the order to show cause will be considered automatically discharged without further order.
|
|
| Docket Date |
2021-04-05
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Allstate Indemnity Company
|
|
| Docket Date |
2021-04-05
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 59 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2021-04-01
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar Case Pending
|
| On Behalf Of |
Path Medical, LLC
|
|
| Docket Date |
2021-03-23
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Path Medical, LLC
|
|
| Docket Date |
2021-03-23
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Path Medical, LLC
|
|
| Docket Date |
2021-03-23
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| 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 |
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.
|
|
|
|
PATH MEDICAL, LLC a/a/o AMAURIE JONES VS USAA CASUALTY INSURANCE COMPANY
|
4D2021-1112
|
2021-03-23
|
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
COWE20-003784
|
Parties
| Name |
PATH MEDICAL, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Matthew C. Barber, Christina Kalin, John C. Daly, Jr.
|
|
| Name |
Amaurie Jones
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
USAA CASUALTY INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Nicholas A. Ferreiro, Staci L. Burton, Nishant Patel
|
|
| Name |
Hon. Ellen Feld
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-03-23
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
| On Behalf Of |
Path Medical, LLC
|
|
| Docket Date |
2021-03-23
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| 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 |
2021-08-13
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-08-13
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| 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 |
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 |
2021-05-10
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
Order to Show Cause ~ ***Amended*** 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 |
2021-05-06
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Path Medical, LLC
|
|
| Docket Date |
2021-05-06
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Path Medical, LLC
|
|
| Docket Date |
2021-05-06
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Path Medical, LLC
|
|
| Docket Date |
2021-04-22
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 48 PAGES (PAGES 1-40)
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2021-04-13
|
| 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 6, 2021 motion for extension of time is granted, and appellant shall serve the initial brief and appendix on or before May 6, 2021. In addition, if the initial brief and appendix are 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 |
2021-04-06
|
| 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 |
Path Medical, LLC
|
|
| Docket Date |
2021-04-01
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar Case Pending
|
| On Behalf Of |
Path Medical, LLC
|
|
| Docket Date |
2021-03-23
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Path Medical, LLC
|
|
|
|
FONT & NELSON, PLLC VS PATH MEDICAL, LLC, et al.
|
4D2019-3428
|
2019-11-05
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE19-008244 (08)
|
Parties
| Name |
FONT & NELSON, PLLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Jose Font
|
|
| Name |
Andrew Scott Berman
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
DAVIS GOLDMAN, PLLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
GEICO INDEMNITY COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
GEICO GENERAL INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
DR. ROBERT LEWIN
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
JASON GOLDMAN, ESQ
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
YOUNG, BERMAN, KARPF & GONZALEZ, P.A.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
GEICO CASUALTY COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ROSENBERG LAW P.A.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
RIVKIN RADLER, P.A.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PATH MEDICAL, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Bruce R. Calderon, Bruce S. Rosenberg, Alexis S. Disbrow, Bryan Thomas West, Marcy Levine Aldrich, Andrew Scott Berman, Isaac J. Mitrani, Nancy A. Copperthwaite, Andrew M. Feldman, Barri Alexis Reisch, Clinton Richard Losego, Robert M. Klein, Jamie L. Webner, Daniel Bitran, Alex A. Diaz
|
|
| Name |
EDWIN THARP
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Nelson Mullins Riley & Scarborough, LLP
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Kevin P. Tynan
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
RICHARDSON & TYNAN, PLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
GOVERNMENT EMPLOYEES INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SMITH, GAMBRELL & RUSSEL, LLP
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. John B. Bowman
|
| 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 |
2021-06-10
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-06-10
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing En Banc
|
| Description |
Order Denying Rehearing En Banc ~ ORDERED that appellant's May 6, 2021 motions for rehearing en banc, clarification, certification, and rehearing are denied.
|
|
| Docket Date |
2021-05-21
|
| Type |
Notice
|
| Subtype |
Notice of Joinder in Filing
|
| Description |
Notice of Joinder ~ AMENDED -- Rivkin Radler LLP and Smith, Gambrell & Russel, LLP
|
| On Behalf Of |
Path Medical, LLC
|
|
| Docket Date |
2021-05-20
|
| Type |
Notice
|
| Subtype |
Notice of Joinder in Filing
|
| Description |
Notice of Joinder ~ AMENDED -- Richardson & Tynan, PLC and Kevin P. Tynan
|
| On Behalf Of |
Path Medical, LLC
|
|
| Docket Date |
2021-05-17
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellees’ May 17, 2021 response in opposition and notice of joinder are stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that the certificates of service do not comply in substance with the requirements of Florida Rule of General Practice and Judicial Administration 2.516(f).
|
|
| Docket Date |
2021-05-19
|
| Type |
Notice
|
| Subtype |
Notice of Joinder in Filing
|
| Description |
Notice of Joinder ~ Nelson Mullins Riley & Scarborough, LLP
|
| On Behalf Of |
Path Medical, LLC
|
|
| Docket Date |
2021-05-19
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellees Richardson & Tynan, PLC and Kevin P. Tynan’s May 19, 2021 notice of joinder and Rosenberg Law, P.A.’s May 19, 2021 notice of joinder are stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that they are computer-generated documents which do 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.”). Amended documents in compliance with Rule 9.045 shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2021-05-17
|
| Type |
Notice
|
| Subtype |
Notice of Joinder in Filing
|
| Description |
Notice of Joinder
|
| On Behalf Of |
Path Medical, LLC
|
|
| Docket Date |
2021-05-18
|
| Type |
Notice
|
| Subtype |
Notice of Joinder in Filing
|
| Description |
Notice of Joinder
|
| On Behalf Of |
Path Medical, LLC
|
|
| Docket Date |
2021-05-17
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ IN OPPOSITION TO MOTION FOR REHEARING, CLARIFICATION, CERTIFICATION and REHEARING EN BANC
|
| On Behalf Of |
Path Medical, LLC
|
|
| Docket Date |
2021-05-06
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing
|
| On Behalf Of |
FONT & NELSON, PLLC
|
|
| Docket Date |
2021-04-21
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Authored Opinion
|
|
| Docket Date |
2020-11-23
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
FONT & NELSON, PLLC
|
|
| Docket Date |
2020-11-13
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken ~ ORDERED that appellant’s reply brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.210 in that it exceeds the page limit. An amended reply brief in compliance with the rules shall be filed within ten (10) days from the date of this order.
|
|
| Docket Date |
2020-11-13
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
FONT & NELSON, PLLC
|
|
| Docket Date |
2020-11-05
|
| 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’s November 4, 2020 motion for extension of time is granted, and appellant shall serve the reply brief within five (5) 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 |
2020-11-04
|
| 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 |
FONT & NELSON, PLLC
|
|
| Docket Date |
2020-10-14
|
| 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’s October 5, 2020 motion for extension of time is granted, and appellant shall serve the reply brief within thirty (30) days from the date of this order. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
|
| Docket Date |
2020-10-05
|
| 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 |
FONT & NELSON, PLLC
|
|
| Docket Date |
2020-09-04
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ RIVKIN RADLER LLP'S AND SMITH, GAMBRELL & RUSSELL, LLP
|
| On Behalf Of |
Path Medical, LLC
|
|
| Docket Date |
2020-09-04
|
| Type |
Notice
|
| Subtype |
Notice of Joinder in Filing
|
| Description |
Notice of Joinder
|
| On Behalf Of |
Path Medical, LLC
|
|
| Docket Date |
2020-09-03
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ GEICO
|
| On Behalf Of |
Path Medical, LLC
|
|
| Docket Date |
2020-09-03
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ GEICO'S APPENDIX
|
| On Behalf Of |
Path Medical, LLC
|
|
| Docket Date |
2020-09-02
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Path Medical, LLC
|
|
| Docket Date |
2020-09-02
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ PATH MEDICAL, LLC, ROBERT LEWIN and EDWIN THARP
|
| On Behalf Of |
Path Medical, LLC
|
|
| Docket Date |
2020-09-02
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellees’ September 2, 2020 answer brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that the certificate of service does not comply in substance with the requirements of Florida Rule of Judicial Administration 2.516(f). Further, ORDERED that appellees’ 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 properly indexed and consecutively paginated, beginning with the cover sheet as page 1, was not paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index, and contains no bookmarks as required by Rule 9.220(c)(3). An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2020-07-22
|
| Type |
Order
|
| Subtype |
Order on Motion For Clarification
|
| Description |
Grant Clarification ~ ORDERED that appellees’ July 21, 2020 “joint motion for clarification of briefing schedule or for extension of time” is granted. Appellees’ answer briefs are due September 4, 2020.
|
|
| Docket Date |
2020-07-21
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Clarification
|
| Description |
Motion for Clarification ~ JOINT MOTION FOR CLARIFICATION OF BRIEFING SCHEDULE OR FOR EXTENSION OF TIME
|
| On Behalf Of |
Path Medical, LLC
|
|
| Docket Date |
2020-07-10
|
| Type |
Disposition by Order
|
| Subtype |
Granted in Part/Denied in Part
|
| Description |
ORD-Grant in Part/Deny in Part ~ Upon consideration of appellant’s July 7, 2020 response, it is ORDERED that appellees’ June 22, 2020 “joint motion to supplement record and request for judicial notice” is denied in part and granted in part. The request to supplement the record is denied. The request to take judicial notice is granted. See § 90.202(6), Fla. Stat. (2019) (permitting a court to take judicial notice of “[r]ecords of any court of this state or of any court of record of the United States or of any state, territory, or jurisdiction of the United States”).
|
|
| Docket Date |
2020-07-07
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
FONT & NELSON, PLLC
|
|
| Docket Date |
2020-06-22
|
| Type |
Motions Other
|
| Subtype |
Motion/Request for Judicial Notice
|
| Description |
Motion/Request for Judicial Notice ~ AND MOTION TO SUPPLEMENT THE RECORD
|
| On Behalf Of |
Path Medical, LLC
|
|
| Docket Date |
2020-06-22
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellant to File Response ~ ORDERED that appellant is directed to respond, within fifteen (15) days from the date of this order, to appellees’ June 22, 2020 “joint motion to supplement record and request for judicial notice.”
|
|
| Docket Date |
2020-05-19
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellees’ May 13, 2020 motion for extension of time is granted, and appellees shall serve the answer brief within ninety (90) days from the date of this order. In addition, appellees are notified that the failure to serve the brief within the time provided herein may foreclose appellees right to file a brief or otherwise participate in this appeal.
|
|
| Docket Date |
2020-05-13
|
| 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 |
Path Medical, LLC
|
|
| Docket Date |
2020-04-15
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
FONT & NELSON, PLLC
|
|
| Docket Date |
2020-04-15
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
FONT & NELSON, PLLC
|
|
| Docket Date |
2020-04-14
|
| Type |
Order
|
| Subtype |
Order Discharging Show Cause Order
|
| Description |
ORD-Discharging Show Cause ~ ORDERED that, upon consideration of appellant’s response filed April 13, 2020, this court’s April 1, 2020 order to show cause is discharged. Further, ORDERED that appellant’s April 13, 2020 motion for extension of time is granted, and appellant shall serve the initial brief within one (1) day 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 |
2020-04-13
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause
|
| On Behalf Of |
FONT & NELSON, PLLC
|
|
| Docket Date |
2020-04-01
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ **DISCHARGED**ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, within ten (10) days from the date of this order, why the above-styled case should not be dismissed for lack of timely prosecution, in that appellant's 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 |
2020-01-15
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF COMPLIANCE WITH COURT'S ORDER DATED JANUARY 6, 2020
|
| On Behalf Of |
FONT & NELSON, PLLC
|
|
| Docket Date |
2020-01-14
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken as Unauthorized ~ ORDERED that the appellees’ January 13, 2020 notice of unavailability is stricken as unauthorized.
|
|
| Docket Date |
2020-01-13
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF UNAVAILABILITY
|
| On Behalf Of |
Path Medical, LLC
|
|
| Docket Date |
2020-01-06
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that appellant’s January 2, 2020 “amended motion for relief and/or motion for extension of time to comply with December 2, 2019 order” is granted, and the time to comply with this court’s December 2, 2019 order is extended up to and including January 15, 2020.
|
|
| Docket Date |
2020-01-02
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ AMENDED MOTION FOR RELIEF AND/OR MOTION FOR EXTENSION OF TIME TO COMPLY
|
| On Behalf Of |
FONT & NELSON, PLLC
|
|
| Docket Date |
2019-12-30
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ MOTION FOR RELIEF AND/OR MOTION FOR EXTENSION OF TIME TO COMPLY
|
| On Behalf Of |
FONT & NELSON, PLLC
|
|
| Docket Date |
2019-12-17
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ (653 PAGES)
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2019-12-02
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
Aplnt to Obtain Final Order-Per Dobrick ~ Upon consideration of appellant’s November 18, 2019 jurisdictional brief, appellee GEICO’s November 26, 2019 response, and the November 27, 2019 notices of joinder, it is ORDERED that appellant shall have thirty (30) days from the date of this order to obtain a final order, dismissing the underlying proceedings as to the parties involved, and to file a copy in this court. Failure to do so will result in the sua sponte dismissal of the appeal. See Fla. R. App. P. 9.110(l).ORDERED that the trial court is specifically authorized, pursuant to Florida Rule of Appellate Procedure 9.600(b), upon appropriate application, to enter a final order in these proceedings.
|
|
| Docket Date |
2019-11-27
|
| Type |
Notice
|
| Subtype |
Notice of Joinder in Filing
|
| Description |
Notice of Joinder ~ ROSENBERG LAW, P.A.
|
| On Behalf Of |
Path Medical, LLC
|
|
| Docket Date |
2019-11-26
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO JURISDICTIONAL BRIEF (GEICO)
|
| On Behalf Of |
Path Medical, LLC
|
|
| Docket Date |
2019-11-26
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Path Medical, LLC
|
|
| Docket Date |
2019-11-21
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Path Medical, LLC
|
|
| Docket Date |
2019-11-20
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Path Medical, LLC
|
|
| Docket Date |
2019-11-18
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
FONT & NELSON, PLLC
|
|
| Docket Date |
2019-11-12
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Path Medical, LLC
|
|
| Docket Date |
2019-11-07
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
AA - File Statement for Basis of Jurisdiction ~ ORDERED that, within ten (10) days from the date of this order, appellant shall file in this court a brief statement explaining the basis for this court's subject matter jurisdiction over the order appealed in this case, citing supporting legal authorities. Appellant shall specifically address how the "order granting motions to dismiss" is a final, appealable order, as: (1) the order dismisses count II without prejudice and with leave to amend, Neptune v. Boncroft, 110 So. 3d 537, 538 (Fla. 4th DCA 2013) (orders granting motions to dismiss and affording leave to amend are non-final and non-appealable); and (2) there remains counts pending that may be legally interrelated and in substance involve the same transaction as the disposed of counts, Mendez v. W. Flagler Family Ass'n, 303 So. 2d 1, 5 (Fla. 1974); Flinn v. Flinn, 68 So. 3d 424 (Fla. 4th DCA 2011).; furtherAppellees may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2019-11-07
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
FONT & NELSON, PLLC
|
|
| Docket Date |
2019-11-06
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| Description |
Order for Amendment to Notice of Appeal ~ ORDERED that the appellant is directed to file, within ten (10) days from the date of this order, an amended Notice of Appeal with a certificate of service that states the name of the attorney of record for the appellee and his/her physical address.
|
|
| Docket Date |
2019-11-06
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2019-11-05
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2019-11-05
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
FONT & NELSON, PLLC
|
|
|
|
BROWARD OUTPATIENT MEDICAL CENTER, LLC, et al. VS FENSTERSHEIB LAW GROUP, P.A., et al.
|
4D2019-3404
|
2019-11-01
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE 19-009436
|
Parties
| Name |
BROWARD OUTPATIENT MEDICAL CENTER, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Tara Ann Campion, Bruce S. Rogow, Mitchell Moore
|
|
| Name |
Broward Outpatient Surgical Center
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
INTRAOPERATIVE MONITORING ASSOCIATES
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
CENTRAL SPINE AND OTHOPEDIC CENTERS, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
BETH ISRAEL OUTPATIENT SURGICAL CENTER, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
PALM COAST ANESTHESIA GROUP, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
GALSTERER ABRAMOWITZ, P.A.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
OPEN MAGNETIC SCANNING, LTD.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
NORTH BROWARD RADIOLOGISTS, P.A.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
North Broward Hospital District
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
North Broward Hospital Dist.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
THE LAW OFFICES OF ROBERT J. FENSTERSHEIB & ASSOCIATES, P.A.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PATH MEDICAL, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CHEVELLE LEGAMI
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
FENSTERSHEIB LAW GROUP, P.A.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Damon Colangelo, Devin P. Tison, Derek Lewis, Edward M. Harvey, Gary S. Gaffney, Jason N. Goldman, Patrick Delong, Albert L. Frevola, Scott Alan Mager, Colin Hayes, Jordan A. Shaw
|
|
| Name |
Broward Health
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
BROWARD HEALTH MEDICAL CENTER
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Broward County Sheriff's Office
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
EQUIAN, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PHOENIX EMERGENCY MEDICINE OF BROWARD, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
BROWARD SHERIFF'S FIRE RESCUE
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
WINSOR IMAGING
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PHOENIX ED MED OF BROWARD, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Sandra Perlman
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-12-11
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2020-12-11
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2020-11-25
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed in Part/Reversed in Part
|
| Description |
Affirmed in Part/Reversed in Part - Authored Opinion
|
|
| Docket Date |
2020-09-08
|
| Type |
Notice
|
| Subtype |
Notice of Change of Address
|
| Description |
Notice of Change of Address
|
| On Behalf Of |
Broward Outpatient Medical Center, LLC
|
|
| Docket Date |
2020-06-15
|
| Type |
Brief
|
| Subtype |
Amended Reply Brief
|
| Description |
Amended Appellant's Reply Brief
|
| On Behalf Of |
Broward Outpatient Medical Center, LLC
|
|
| Docket Date |
2020-06-15
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellants’ June 12, 2020 reply brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that the certificate of service does not comply in substance with the requirements of Florida Rule of Judicial Administration 2.516(f).
|
|
| Docket Date |
2020-06-12
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief ~ **STRICKEN**
|
| On Behalf Of |
Broward Outpatient Medical Center, LLC
|
|
| Docket Date |
2020-05-26
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief
|
| On Behalf Of |
Broward Outpatient Medical Center, LLC
|
|
| Docket Date |
2020-05-26
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 15 DAYS TO 06/12/2020
|
|
| Docket Date |
2020-04-28
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Fenstersheib Law Group, P.A.
|
|
| Docket Date |
2020-04-14
|
| 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 April 8, 2020 amended motion for extension of time is granted, and appellee shall serve the answer brief within twenty (20) days from the current due date. 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 |
2020-04-08
|
| 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 |
Fenstersheib Law Group, P.A.
|
|
| Docket Date |
2020-04-08
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellee’s April 7, 2020 motion is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that the certificate of service does not comply in substance with the requirements of Florida Rule of Judicial Administration 2.516(f).
|
|
| Docket Date |
2020-04-07
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ *STRICKEN*
|
| On Behalf Of |
Fenstersheib Law Group, P.A.
|
|
| Docket Date |
2020-03-10
|
| 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 March 9, 2020 motion for extension of time is granted, and appellee shall serve the answer brief on or before April 8, 2020. 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 |
2020-03-09
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellee’s March 6, 2020 motion is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that the certificate of service does not comply in substance with the requirements of Florida Rule of Judicial Administration 2.516(f).
|
|
| Docket Date |
2020-03-09
|
| 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 |
Fenstersheib Law Group, P.A.
|
|
| Docket Date |
2020-03-06
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ **STRICKEN**
|
| On Behalf Of |
Fenstersheib Law Group, P.A.
|
|
| Docket Date |
2020-02-07
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Broward Outpatient Medical Center, LLC
|
|
| Docket Date |
2020-02-07
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Broward Outpatient Medical Center, LLC
|
|
| Docket Date |
2020-01-16
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Broward Outpatient Medical Center, LLC
|
|
| Docket Date |
2020-01-07
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Broward Outpatient Medical Center, LLC
|
|
| Docket Date |
2020-01-07
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 02/08/2020
|
|
| Docket Date |
2020-01-02
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 460 PAGES (PAGES 1-447)
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2019-11-18
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2019-11-04
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Broward Outpatient Medical Center, LLC
|
|
| Docket Date |
2019-11-04
|
| 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.
|
|
| Docket Date |
2019-11-04
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2019-11-01
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Broward Outpatient Medical Center, LLC
|
|
| Docket Date |
2019-11-01
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
