Docket Date |
2021-07-19
|
Type |
Response
|
Subtype |
Response
|
Description |
Response
|
On Behalf Of |
Tralongo, LLC
|
|
Docket Date |
2021-07-02
|
Type |
Post-Disposition Motions
|
Subtype |
Motion for Rehearing En Banc
|
Description |
Motion For Rehearing EN BANC ~ AND FOR WRITTEN OPINION.
|
On Behalf Of |
Dr. Mamta Patel
|
|
Docket Date |
2021-09-30
|
Type |
Record
|
Subtype |
Returned Exhibits
|
Description |
Returned Exhibits
|
|
Docket Date |
2021-08-27
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2021-08-11
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2021-08-11
|
Type |
Order
|
Subtype |
Order on Motion for Rehearing En Banc
|
Description |
Order Denying Rehearing En Banc ~ ORDERED that appellants’ July 2, 2021 motion for rehearing en banc and written opinion is denied.
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|
Docket Date |
2021-06-17
|
Type |
Order
|
Subtype |
Order on Motion For Attorney's Fees
|
Description |
Deny Attorney's Fees ~ ORDERED that appellee’s July 6, 2020 motion for appellate attorney’s fees incurred in connection with its July 6, 2020 motion to dismiss the appeal is denied.
|
|
Docket Date |
2020-11-13
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees
|
On Behalf Of |
Tralongo, LLC
|
|
Docket Date |
2021-06-17
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed - Per Curiam Affirmed
|
|
Docket Date |
2021-06-08
|
Type |
Misc. Events
|
Subtype |
Oral Argument Date Set
|
Description |
Oral Argument Date Set ~ 4DCA
|
|
Docket Date |
2021-05-14
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ REGARDING ORAL ARGUMENT
|
On Behalf Of |
Tralongo, LLC
|
|
Docket Date |
2021-05-10
|
Type |
Order
|
Subtype |
Order Re: Video Oral Argument
|
Description |
Order Re: Video Oral Argument ~ Pursuant to Florida Supreme Court Administrative Order AOSC20-109, Comprehensive COVID-19 Emergency Measures for Florida Appellate Courts and this court’s prior order, the June 8, 2021 oral argument session will take place through Zoom video conference. Should both parties file a stipulation by noon on Monday, May 17, 2021 that they waive oral argument, the court will then decide the case based upon the briefs. If the parties do not stipulate to waive oral argument, then they shall file a notice by noon on Monday, May 17, 2021 which: (1) identifies the attorneys who will be arguing the case; and (2) provides the direct contact information for those attorneys. The Clerk of the Court will separately schedule a Zoom orientation/test session with the attorneys who will be arguing the case. The Clerk of the Court will also provide connection instructions for the oral argument session the week before the session.
|
|
Docket Date |
2021-04-08
|
Type |
Order
|
Subtype |
Order on Motion/Request for Oral Argument
|
Description |
ORD-Setting Oral Argument ~ This case is set for Oral Argument on June 8, 2021, at 10:00 A.M. for 15 minutes per side. In criminal cases where a victim, as defined in Article I, Section 16(e) of the Florida Constitution, has invoked their right to notice under Article I, Section 16(b)(6) of the Florida Constitution, the State shall provide the victim with notice of this oral argument and of any changes to the scheduled date or time.Pursuant to Florida Supreme Court Administrative Order AOSC20-109, Comprehensive COVID-19 Emergency Measures for Florida Appellate Courts, which requires that oral argument and other proceedings be conducted remotely during Phase 1 and Phase 2 of the pandemic, as set forth in that administrative order, this oral argument is scheduled to be conducted via Zoom. By separate order issued no later than three weeks before the scheduled oral argument, the parties will be directed to identify the attorney who will be presenting oral argument so that an orientation/test session can be scheduled by court staff with the attorneys to confirm their knowledge of the Zoom platform and test equipment compatibility.
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|
Docket Date |
2021-03-29
|
Type |
Brief
|
Subtype |
Amended Reply Brief
|
Description |
Amended Appellant's Reply Brief
|
On Behalf Of |
Dr. Mamta Patel
|
|
Docket Date |
2021-03-04
|
Type |
Brief
|
Subtype |
Amended Answer Brief
|
Description |
Amended Appellee's Answer Brief
|
On Behalf Of |
Tralongo, LLC
|
|
Docket Date |
2021-02-22
|
Type |
Order
|
Subtype |
Order on Motion To Strike
|
Description |
Grant Motion to Strike ~ ORDERED that appellants' January 22, 2021 motion to strike is granted, and Argument III(B) contained within pages 46 - 49 of appellee's answer brief is stricken. Further,ORDERED that appellee is directed to file an amended answer brief within ten (10) days from the date of this order.
|
|
Docket Date |
2021-02-05
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument
|
On Behalf Of |
Dr. Mamta Patel
|
|
Docket Date |
2021-01-22
|
Type |
Motions Other
|
Subtype |
Motion To Strike
|
Description |
Motion To Strike ~ A PORTION OF APPELLEE'S ANSWER BRIEF
|
On Behalf Of |
Dr. Mamta Patel
|
|
Docket Date |
2021-01-22
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees
|
On Behalf Of |
Dr. Mamta Patel
|
|
Docket Date |
2021-01-22
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant's Reply Brief ~ **SEE AMENDED REPLY BRIEF**
|
On Behalf Of |
Dr. Mamta Patel
|
|
Docket Date |
2020-12-23
|
Type |
Order
|
Subtype |
Order on Motion to Accept Brief as Timely
|
Description |
Grant to Accept Brief Filed as Timely ~ ORDERED that appellee's December 22, 2020 motion for order to accept brief as timely filed is granted. The answer brief is deemed timely filed as of the date of this order.
|
|
Docket Date |
2020-12-23
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief ~ **STRICKEN**
|
On Behalf Of |
Tralongo, LLC
|
|
Docket Date |
2020-12-22
|
Type |
Motions Relating to Briefs
|
Subtype |
Motion to Accept Brief as Timely
|
Description |
Motion To Accept Timely Brief
|
On Behalf Of |
Tralongo, LLC
|
|
Docket Date |
2020-12-14
|
Type |
Order
|
Subtype |
Order on Motion to Relinquish Jurisdiction
|
Description |
ORD-Deny Relinquishment of Jurisdiction ~ ORDERED that Tralongo, LLC’s November 11, 2020 motion to temporarily relinquish jurisdiction is denied. In arguing that jurisdiction should be relinquished to the trial court to modify the final order to determine the amount of or entitlement to prejudgment interest and the amount of liability owed by certain defendants, Tralongo is requesting the trial court to modify, not merely enforce, the final judgment which is already under appellate review. See Ross v. Wells Fargo Bank, 114 So. 3d 256, 257 (Fla. 3d DCA 2013) (“Generally, a trial court loses jurisdiction upon the rendition of a final judgment and expiration of the time allotted for altering, modifying or vacating the judgment. The court retains jurisdiction to the extent such is specifically reserved in the final judgment or to the extent provided by statute or rule of procedure.” (internal citations omitted)). To the extent that Tralongo argues that his trial court motion for entry for final judgment could have been considered a rule 1.540(b)(1) motion, the record is insufficient to determine if the trial court inadvertently left out the requested inclusions. Everett v. Fla. Transp. Servs., Inc., 744 So. 2d 1038, 1039 (Fla. 4th DCA 1999) (“Rule 1.540 ‘provides relief from judgments based on mistakes which result from oversight, neglect or accident.’” (quoting State Farm Mut. Auto. Ins. Co. v. Isom, 681 So. 2d 1170, 1172 (Fla 5th DCA 1996))); see also Baez v. Perez, 201 So. 3d 692, 694 (Fla. 4th DCA 2016) (where an issue could be raised on appeal it does not constitute mistake “remediable through 1.540 relief”).
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|
Docket Date |
2020-12-03
|
Type |
Order
|
Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
Description |
Order Granting Motion to Supplement the Record ~ ORDERED that appellants’ November 5, 2020 motion to supplement the record is granted. The proposed supplemental record is deemed filed.
|
|
Docket Date |
2020-11-25
|
Type |
Response
|
Subtype |
Response
|
Description |
Response
|
On Behalf Of |
Dr. Mamta Patel
|
|
Docket Date |
2020-11-13
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument
|
On Behalf Of |
Tralongo, LLC
|
|
Docket Date |
2020-11-10
|
Type |
Motions Other
|
Subtype |
Motion To Relinquish Jurisdiction
|
Description |
Motion To Relinquish Jurisdiction
|
On Behalf Of |
Tralongo, LLC
|
|
Docket Date |
2020-11-05
|
Type |
Record
|
Subtype |
Supplemental Record
|
Description |
Supplemental Records ~ (25 PAGES)
|
On Behalf Of |
Dr. Mamta Patel
|
|
Docket Date |
2020-11-05
|
Type |
Motions Relating to Records
|
Subtype |
Motion to Supplement Record
|
Description |
Motion To File Supplemental Record
|
On Behalf Of |
Dr. Mamta Patel
|
|
Docket Date |
2020-10-20
|
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 October 13, 2020 motion for extension of time is granted, and appellee shall serve the answer brief on or before November 13, 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 |
2020-10-19
|
Type |
Response
|
Subtype |
Response
|
Description |
Response
|
On Behalf Of |
Dr. Mamta Patel
|
|
Docket Date |
2020-10-13
|
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 |
Tralongo, LLC
|
|
Docket Date |
2020-09-11
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
Dr. Mamta Patel
|
|
Docket Date |
2020-08-06
|
Type |
Record
|
Subtype |
Exhibits
|
Description |
Received Exhibits ~ 1 ENVELOPE.
|
On Behalf Of |
Clerk - Broward
|
|
Docket Date |
2020-07-30
|
Type |
Record
|
Subtype |
Transcript
|
Description |
Transcript Received ~ (1086 PAGES)
|
On Behalf Of |
Clerk - Broward
|
|
Docket Date |
2020-07-27
|
Type |
Order
|
Subtype |
Order on Motion To Dismiss
|
Description |
ORD-Denying Aplee's Motion to Dismiss ~ Upon consideration of appellant's July 21, 2020 response, it is ORDERED that appellee's July 6, 2020 motion to dismiss appeal is denied.
|
|
Docket Date |
2020-07-21
|
Type |
Record
|
Subtype |
Appendix to Response
|
Description |
Appendix to Response
|
On Behalf Of |
Dr. Mamta Patel
|
|
Docket Date |
2020-07-21
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ TO MOT. FOR ATTY. FEES.
|
On Behalf Of |
Dr. Mamta Patel
|
|
Docket Date |
2020-07-06
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees ~ **RESPONSE FILED**
|
On Behalf Of |
Tralongo, LLC
|
|
Docket Date |
2020-07-06
|
Type |
Motions Other
|
Subtype |
Motion To Dismiss
|
Description |
Motion To Dismiss
|
On Behalf Of |
Tralongo, LLC
|
|
Docket Date |
2020-06-24
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time for Court Reporter
|
Description |
Order Granting EOT for Court Reporter's Transcript ~ ORDERED that the court reporter's request for an extension of time to file the transcript with the circuit court is granted, and the time for preparation and service of the transcript is extended to and including July 19, 2020. Attorneys shall notify this court of non-compliance; further,ORDERED that all other time frames pertaining to the filing of the record and briefs are extended accordingly. See Fla. R. App. P. 9.300(b) (record on appeal is due twenty (20) days after receipt of the transcript, appellant's initial brief shall be filed within thirty (30) days from service of the index to the record.).
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|
Docket Date |
2020-06-23
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time for Court Reporter
|
Description |
Order Denying EOT Court Reporter - Transcription ~ ORDERED that the court reporter's June 22, 2020 motion for extension of time is denied without prejudice to refiling with an explanation for why an extension is necessary.
|
|
Docket Date |
2020-06-23
|
Type |
Motions Relating to Records
|
Subtype |
Motion for Extension of Time for Court Reporter
|
Description |
Motion EOT For Court Reporter Transcript
|
|
Docket Date |
2020-06-22
|
Type |
Motions Relating to Records
|
Subtype |
Motion for Extension of Time for Court Reporter
|
Description |
Motion EOT For Court Reporter Transcript
|
|
Docket Date |
2020-05-22
|
Type |
Misc. Events
|
Subtype |
Court Reporter Acknowledgement Letter
|
Description |
Court Reporter Acknowledgement Letter
|
|
Docket Date |
2020-05-14
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
Case Filing Fee Paid Through Portal
|
On Behalf Of |
Dr. Mamta Patel
|
|
Docket Date |
2020-05-13
|
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 |
2020-05-13
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2020-05-12
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
Dr. Mamta Patel
|
|
Docket Date |
2020-05-12
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|