|
THE VEIN & VASCULAR INSTITUTE OF SPRING HILL, PLLC, ET AL. VS MARK GOCHENOUR
|
2D2023-0584
|
2023-03-16
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Thirteenth Judicial Circuit, Hillsborough County
16-CA-008853
|
Parties
| Name |
THOMAS M. KERR, M.D., P.A.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
THE VEIN & VASCULAR INSTITUTE OF TAMPA BAY
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
THOMAS M. KERR
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
THE VEIN & VASCULAR INSTITUTE OF SPRING HILL, PLLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
GARY RAGNAR VON STANGE, ESQ., SHARON KRICK, ESQ., GUY M. BURNS, ESQ.
|
|
| Name |
MARK GOCHENOUR
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
J. DANIEL CLARK, ESQ., DAVID M. CALDEVILLA, ESQ., CHRISTOPHER S. POLASZEK, ESQ.
|
|
| Name |
HON. REX MARTIN BARBAS
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
HILLSBOROUGH CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-02-19
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Appellants' motion for appellate attorneys' fees pursuant to sections 501.2105(1) and 559.77(2), Florida Statutes (2015), is denied. Appellee's response to appellants' motion is noted. Appellee seeks appellate attorneys' fees pursuant to sections 59.46, 501.2105(1), 501.211(2), and 559.77(2). Appellee's motion is granted pursuant to those statutes as they relate to counts I-III of appellee's complaint below. Appellee also seeks appellate attorneys' fees pursuant to section 768.79, Florida Statutes (2021), based upon a proposal for settlement allegedly served on appellants. Though appellee obtained a final summary judgment in his favor below, the trial court reserved jurisdiction to decide the issue of attorneys' fees and there is no indication that it determined appellee's entitlement to attorneys' fees pursuant to section 768.79. Thus, we remand this portion of the motion for a determination of entitlement to fees under section 768.79. If a finding of entitlement is made, the trial court shall determine the appropriate amount of the award. See Fla. R. App. P. 9.400(b).
|
|
| Docket Date |
2024-02-16
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ***SEE AMENDED ORDER DATED 2/19/2024**Appellants' motion for appellate attorneys' fees pursuant to sections 501.2105(1) and 559.77(2), Florida Statutes (2015), is denied. Appellee's response to appellants' motion is noted.Appellee seeks appellate attorneys' fees pursuant to sections 59.46, 501.2105(1), 501.211(2), and 557.77(2). Appellee's motion is granted pursuant to those statutes as they relate to counts I-III of appellee's complaint below. Appellee also seeks appellate attorneys' fees pursuant to section 768.79, Florida Statutes (2021), based upon a proposal for settlement allegedly served on appellants. Though appellee obtained a final summary judgment in his favor below, the trial court reserved jurisdiction to decide the issue of attorneys' fees and there is no indication that it determined appellee's entitlement to attorneys' fees pursuant to section 768.79. Thus, we remand this portion of the motion for a determination of entitlement to fees under section 768.79. If a finding of entitlement is made, the trial court shall determine the appropriate amount of the award. See Fla. R. App. P. 9.400(b).
|
|
| Docket Date |
2024-01-25
|
| Type |
Order
|
| Subtype |
Order Re: Video Oral Argument
|
| Description |
OA Notice Video ~ **AMENDED ORDER**This case is provisionally set for oral argument on TUESDAY, FEBRUARY 06, 2024, at 9:30 A.M., before: Judge Morris Silberman, Judge Robert J. Morris, Judge Andrea T. Smith. The oral argument will be conducted by video conference. The court calendars can be viewed on this court’s website at www.2dca.org. Counsel or parties are requested to sign in by fifteen minutes prior to the time listed above.The panel is subject to change without notice. Should the assigned panel of judges decide that the court will not benefit from oral argument, the attorneys or parties will be notified by order no less than two weeks before the scheduled date. If this is a criminal proceeding where a victim, as defined in article I, section 16(e), Florida Constitution, has invoked their right to notice under article I, section 16(b)(6), the State is directed to provide the victim with notice of this oral argument and of any changes to the scheduled date.Please review the notice regarding oral argument in the Second District Court of Appeal. A copy has been furnished with this order and may also be found on this court’s website.Within ten days from the date of this order, any attorney or party who will be presenting argument is requested to provide the Clerk of the Court with the email address where the video invitation should be sent and a telephone number. This information may be sent by email to 2dcaClerk@flcourts.org. The Clerk of the Court will provide each participant with connection instructions, including the opportunity for a test session, before the argument.
|
|
| Docket Date |
2023-03-20
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty ~ This appeal has been filed without a filing fee required by section 35.22(2)(a), Florida Statutes, Florida Statutes.If the attorney for appellant has not already done so, they shall forward the required $300.00 filing fee or, if applicable, a certificate or order of the lower tribunal finding appellant insolvent pursuant to section 57.081, Florida Statutes, within twenty days from the date of this order.If this court does not receive either of the above within the prescribed time, this appeal may be subject to dismissal without further notice.
|
|
| Docket Date |
2023-05-16
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 17 - IB due 06/09/2023
|
| On Behalf Of |
THE VEIN & VASCULAR INSTITUTE OF SPRING HILL, PLLC
|
|
| Docket Date |
2024-03-22
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-03-06
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2023-04-12
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ BARBAS - 5292 PAGES REDACTED
|
| On Behalf Of |
HILLSBOROUGH CLERK
|
|
| Docket Date |
2023-03-28
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
THE VEIN & VASCULAR INSTITUTE OF SPRING HILL, PLLC
|
|
| Docket Date |
2023-03-23
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
THE VEIN & VASCULAR INSTITUTE OF SPRING HILL, PLLC
|
|
| Docket Date |
2023-03-22
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
MARK GOCHENOUR
|
|
| Docket Date |
2023-03-20
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2023-03-20
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid through Portal
|
| On Behalf Of |
THE VEIN & VASCULAR INSTITUTE OF SPRING HILL, PLLC
|
|
| Docket Date |
2023-03-16
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2023-03-16
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ W/ORDER
|
| On Behalf Of |
THE VEIN & VASCULAR INSTITUTE OF SPRING HILL, PLLC
|
|
| Docket Date |
2024-02-16
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2024-02-06
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ Remote
|
|
| Docket Date |
2023-12-11
|
| Type |
Order
|
| Subtype |
Order Re: Video Oral Argument
|
| Description |
OA Notice Video ~ This case is provisionally set for oral argument on TUESDAY, FEBRUARY 06, 2024, at 11:00 A.M., before: Judge Morris Silberman, Judge Robert J. Morris, Judge Andrea T. Smith. The oral argument will be conducted by video conference. The court calendars can be viewed on this court’s website at www.2dca.org. Counsel or parties are requested to sign in by fifteen minutes prior to the time listed above.The panel is subject to change without notice. Should the assigned panel of judges decide that the court will not benefit from oral argument, the attorneys or parties will be notified by order no less than two weeks before the scheduled date. If this is a criminal proceeding where a victim, as defined in article I, section 16(e), Florida Constitution, has invoked their right to notice under article I, section 16(b)(6), the State is directed to provide the victim with notice of this oral argument and of any changes to the scheduled date.Please review the notice regarding oral argument in the Second District Court of Appeal. A copy has been furnished with this order and may also be found on this court’s website.Within ten days from the date of this order, any attorney or party who will be presenting argument is requested to provide the Clerk of the Court with the email address where the video invitation should be sent and a telephone number. This information may be sent by email to 2dcaClerk@flcourts.org. The Clerk of the Court will provide each participant with connection instructions, including the opportunity for a test session, before the argument.
|
|
| Docket Date |
2023-11-28
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLEE,S RESPONSE IN OPPOSITION TOAPPELLANTS' MOTION FOR APPELLATE ATTORNEYS' FEES
|
| On Behalf Of |
MARK GOCHENOUR
|
|
| Docket Date |
2023-11-14
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ APPELLANTS' MOTION FOR ATTORNEY'S FEES
|
| On Behalf Of |
THE VEIN & VASCULAR INSTITUTE OF SPRING HILL, PLLC
|
|
| Docket Date |
2023-11-14
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant Reply Brief
|
| On Behalf Of |
THE VEIN & VASCULAR INSTITUTE OF SPRING HILL, PLLC
|
|
| Docket Date |
2023-10-04
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30 - RB DUE 11/14/2023
|
| On Behalf Of |
THE VEIN & VASCULAR INSTITUTE OF SPRING HILL, PLLC
|
|
| Docket Date |
2023-09-14
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument ~ FOR VIDEO ORAL ARGUMENT
|
| On Behalf Of |
MARK GOCHENOUR
|
|
| Docket Date |
2023-09-14
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief
|
| On Behalf Of |
MARK GOCHENOUR
|
|
| Docket Date |
2023-09-14
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ APPELLEE'S MOTION FOR AWARD OF APPELLATE ATTORNEYS' FEES
|
| On Behalf Of |
MARK GOCHENOUR
|
|
| Docket Date |
2023-09-12
|
| Type |
Notice
|
| Subtype |
Notice of Change of Address
|
| Description |
Notice of Change of Address
|
| On Behalf Of |
MARK GOCHENOUR
|
|
| Docket Date |
2023-09-07
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 10 DAYS - AB DUE ON 09/18/23
|
| On Behalf Of |
MARK GOCHENOUR
|
|
| Docket Date |
2023-08-03
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30 - AB DUE 09/08/2023
|
| On Behalf Of |
MARK GOCHENOUR
|
|
| Docket Date |
2023-07-05
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30 DAYS - AB DUE ON 08/09/23
|
| On Behalf Of |
MARK GOCHENOUR
|
|
| Docket Date |
2023-06-09
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
THE VEIN & VASCULAR INSTITUTE OF SPRING HILL, PLLC
|
|
|
|
THE VEIN & VASCULAR INSTITUTE OF SPRING HILL, PLLC, ET AL. VS MARK GOCHENOUR
|
2D2022-1400
|
2022-04-28
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Thirteenth Judicial Circuit, Hillsborough County
16-CA-008853
|
Parties
| Name |
THOMAS M. KERR
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
THE VEIN & VASCULAR INSTITUTE OF TAMPA BAY
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
THE VEIN & VASCULAR INSTITUTE OF SPRING HILL, PLLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
GARY RAGNAR VON STANGE, ESQ.
|
|
| Name |
THOMAS M. KERR, M.D., P.A.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
MARK GOCHENOUR
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
CHRISTOPHER S. POLASZEK, ESQ., DAVID M. CALDEVILLA, ESQ., J. DANIEL CLARK, ESQ., MATTHEW A. CRIST, ESQ.
|
|
| Name |
HON. REX MARTIN BARBAS
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
HILLSBOROUGH CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-08-11
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed
|
|
| Docket Date |
2022-07-19
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
ORDER GRANTING APPELLEE'S FEES ~ Appellee's motion for appellate attorney's fees is granted to the extent that the trial court may award reasonable attorney's fees if appellee prevails below.
|
|
| Docket Date |
2022-07-08
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ APPELLEE'S MOTION FOR APPELLATE ATTORNEYS' FEES
|
| On Behalf Of |
MARK GOCHENOUR
|
|
| Docket Date |
2022-07-08
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing ~ APPELLEE'S MOTION FOR REHEARING AND/OR CLARIFICATION
|
| On Behalf Of |
MARK GOCHENOUR
|
|
| Docket Date |
2022-06-23
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion-79 ~ Appellee's motion for appellate attorney's fees is granted to the extent that the trial court may award reasonable attorney's fees if appellee prevails below.
|
|
| Docket Date |
2022-04-29
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2022-06-23
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
dismiss appeal nonfinal/nonappealable order ~ This appeal is dismissed as being from a nonappealable nonfinal order.Appellee's motion for appellate attorney's fees is granted to the extent that the trial courtmay award reasonable attorney's fees if appellee prevails below. Appellee's motion forleave to file a reply is denied as unnecessary. Appellant's motion to consolidate isdenied as moot.
|
|
| Docket Date |
2022-06-23
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge ~ NORTHCUTT, KELLY, and SMITH
|
|
| Docket Date |
2022-06-07
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ APPELLEE'S MOTION FOR LEAVE TO FILE A REPLY TO "APPELLANTS' RESPONSE TO ORDER TO SHOW CAUSE REGARDING WHY THIS APPEAL SHOULD NOT BE DISMISSED BECAUSE THERE ARE RELATED COUNTS PENDING IN THE TRIAL COURT"
|
| On Behalf Of |
MARK GOCHENOUR
|
|
| Docket Date |
2022-06-03
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
MARK GOCHENOUR
|
|
| Docket Date |
2022-06-02
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANTS' RESPONSE TO ORDER TO SHOW CAUSE REGARDING WHY THIS APPEAL SHOULD NOT BE DISMISSED BECAUSE THERE ARE RELATED COUNTS PENDING IN THE TRIAL COURT
|
| On Behalf Of |
THE VEIN & VASCULAR INSTITUTE OF SPRING HILL, PLLC
|
|
| Docket Date |
2022-05-18
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
ORD-TO SHOW CAUSE ~ Upon consideration of the "final judgment" and appellants' motion to consolidate this appeal with the certiorari proceeding in case number 2D22-426, appellants shall show cause within 15 days why this appeal should not be dismissed because there are related counts pending in the trial court.
|
|
| Docket Date |
2022-05-02
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate
|
| On Behalf Of |
THE VEIN & VASCULAR INSTITUTE OF SPRING HILL, PLLC
|
|
| Docket Date |
2022-05-02
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid through Portal
|
| On Behalf Of |
THE VEIN & VASCULAR INSTITUTE OF SPRING HILL, PLLC
|
|
| Docket Date |
2022-04-29
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty ~ This appeal has been filed without a filing fee required by section 35.22(2)(a), Florida Statutes, Florida Statutes.If the attorney for appellant has not already done so, they shall forward the required $300.00 filing fee or, if applicable, a certificate or order of the lower tribunal finding appellant insolvent pursuant to section 57.081, Florida Statutes, within twenty days from the date of this order.If this court does not receive either of the above within the prescribed time, this appeal may be subject to dismissal without further notice.
|
|
| Docket Date |
2022-04-28
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ W/ORDER
|
| On Behalf Of |
THE VEIN & VASCULAR INSTITUTE OF SPRING HILL, PLLC
|
|
| Docket Date |
2022-04-28
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
|
THE VEIN & VASCULAR INSTITUTE OF SPRING HILL, PLLC AND THOMAS M. KERR, M. D., P.A. VS MARK GOCHENOUR
|
2D2022-0438
|
2022-02-11
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Thirteenth Judicial Circuit, Hillsborough County
16-CA-8853
|
Parties
| Name |
THE VEIN & VASCULAR INSTITUTE OF SPRING HILL, PLLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
GARY RAGNAR VON STANGE, ESQ.
|
|
| Name |
THOMAS M. KERR, M. D.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
MARK GOCHENOUR
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
J. DANIEL CLARK, ESQ., MATTHEW A. CRIST, ESQ., DAVID M. CALDEVILLA, ESQ., CHRISTOPHER S. POLASZEK, ESQ.
|
|
| Name |
HILLSBOROUGH CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-03-30
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed
|
|
| Docket Date |
2022-03-10
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge ~ SILBERMAN, SLEET, AND STARGEL
|
|
| Docket Date |
2022-03-10
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-SUA SPONTE DISMISSAL ~ This appeal is dismissed based on Appellant's failure to respond to the February 11, 2022, and February 14, 2022, orders to show cause.
|
|
| Docket Date |
2022-03-04
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
MARK GOCHENOUR
|
|
| Docket Date |
2022-02-14
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
ORD-TO SHOW CAUSE ~ Appellants shall show cause within ten days why this appeal should not bedismissed as a duplicate of case 2D22-426.
|
|
| Docket Date |
2022-02-11
|
| Type |
Order
|
| Subtype |
Nonfinal Appeals
|
| Description |
nonfinal appeal order for initial brief
|
|
| Docket Date |
2022-02-11
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2022-02-11
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
THE VEIN & VASCULAR INSTITUTE OF SPRING HILL, PLLC
|
|
| Docket Date |
2022-02-11
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
HL:Fee Owed
|
|
|
|
THE VEIN & VASCULAR INSTITUTE OF SPRING HILL, PLLC VS MARK GOCHENOUR
|
2D2022-0426
|
2022-02-10
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Thirteenth Judicial Circuit, Hillsborough County
16-CA-008853
|
Parties
| Name |
THE VEIN & VASCULAR INSTITUTE OF TAMPA BAY
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
THOMAS M. KERR
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
THE VEIN & VASCULAR INSTITUTE OF SPRING HILL, PLLC
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
JONATHAN S. COLEMAN, ESQ., GARY RAGNAR VON STANGE, ESQ., GUY M. BURNS, ESQ.
|
|
| Name |
THOMAS M. KERR, M.D., P.A.
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
MARK GOCHENOUR
|
| Role |
Respondent
|
| Status |
Active
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| Representations |
MATTHEW A. CRIST, ESQ., DAVID M. CALDEVILLA, ESQ., CHRISTOPHER S. POLASZEK, ESQ., J. DANIEL CLARK, ESQ.
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|
| Name |
HON. REX MARTIN BARBAS
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| Role |
Judge/Judicial Officer
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| Status |
Active
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|
| Name |
HILLSBOROUGH CLERK
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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|
Docket Entries
| Docket Date |
2023-02-14
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
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|
| Docket Date |
2023-02-14
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
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|
| Docket Date |
2023-01-27
|
| Type |
Disposition
|
| Subtype |
Denied
|
| Description |
Denied - PC Denied
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|
| Docket Date |
2023-01-27
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Respondent's motion for appellate attorneys' fees is granted, contingent upon the Respondent prevailing below upon a theory authorizing fees. If entitlement is found, the trial court is authorized to award a reasonable amount for fees incurred in this case.
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|
| Docket Date |
2022-11-02
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| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
APPENDICES /ATTACHMENTS TO RESPONSE ~ SECOND SUPPLEMENTAL APPENDIX
|
| On Behalf Of |
MARK GOCHENOUR
|
|
| Docket Date |
2022-09-09
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ GOCHENOUR'S RESPONSE IN OPPOSITION TO PETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
MARK GOCHENOUR
|
|
| Docket Date |
2022-09-09
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ GOCHENOUR'S MOTION FOR CONDITIONAL AWARD OF APPELLATE ATTORNEYS' FEES
|
| On Behalf Of |
MARK GOCHENOUR
|
|
| Docket Date |
2022-09-09
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
APPENDICES /ATTACHMENTS TO RESPONSE ~ GOCHENOUR'S SUPPLEMENTAL APPENDIX
|
| On Behalf Of |
MARK GOCHENOUR
|
|
| Docket Date |
2022-08-16
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
grant eot for cert response ~ Respondent's motion for extension of time to serve the response is granted. Theresponse shall be served by September 9, 2022.
|
|
| Docket Date |
2022-08-15
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
| On Behalf Of |
MARK GOCHENOUR
|
|
| Docket Date |
2022-07-20
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
grant eot for cert response ~ Respondent's motion for extension of time to serve the response is granted. Theresponse shall be served within 30 days of this order.
|
|
| Docket Date |
2022-07-14
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response ~ RESPONDENT'S UNOPPOSED MOTION FOR30-DAY TIME EXTENSION OF RESPONSE DEADLINE
|
| On Behalf Of |
MARK GOCHENOUR
|
|
| Docket Date |
2022-06-23
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Deny Miscellaneous Motion-79a ~ Respondent's motion to dismiss the petition for writ of certiorari and motion for appellate attorney's fees are denied. Petitioner's motion to continue stay of the certiorari proceeding is denied as moot.
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|
| Docket Date |
2022-05-10
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER ~ Consideration of the motion to dismiss is deferred until a decision on theappealability of the order under review in case number 2D22-426 is issued.
|
|
| Docket Date |
2022-04-25
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ IN OPPOSITION TO PETITIONERS' "MOTION TO CONTINUE STAY OF THESECERTIORARI PROCEEDINGS PENDING RESOLUTION OF A RELATED (FORTHCOMING) APPEAL"
|
| On Behalf Of |
MARK GOCHENOUR
|
|
| Docket Date |
2022-04-19
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay ~ MOTION TO CONTINUE STAY OF THESE CERTIORARI PROCEEDINGS PENDING RESOLUTION OF A RELATED (FORTHCOMING) APPEAL, AND RESPONSE TO RESPONDENT'S APRIL 12, 2022 "MOTION TO DISMISS AND FOR APPELLATEATTORNEYS' FEES"
|
| On Behalf Of |
THE VEIN & VASCULAR INSTITUTE OF SPRING HILL, PLLC
|
|
| Docket Date |
2022-04-13
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion-79 ~ Respondent's unopposed motion to temporarily hold this certiorari proceeding inabeyance pending the trial court's ruling on a motion for entry of final judgment isgranted. This case will be held in abeyance for 30 days. At the conclusion of theabeyance period, respondent shall update the court on the status of the proceeding inthe trial court.
|
|
| Docket Date |
2022-04-12
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss ~ RESPONDENT'S MOTION TO DISMISS ANDFOR APPELLATE ATTORNEYS' FEES
|
| On Behalf Of |
MARK GOCHENOUR
|
|
| Docket Date |
2022-04-04
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ PETITIONERS' RESPONSE TO RESPONDENT'S MOTION TO TEMPORARILY HOLD CERTIORARI PROCEEDINGS IN ABEYANCE
|
| On Behalf Of |
THE VEIN & VASCULAR INSTITUTE OF SPRING HILL, PLLC
|
|
| Docket Date |
2022-03-24
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER ~ Petitioner shall respond to respondent's "motion to temporarily hold certiorariproceedings in abeyance pending anticipated final judgment" within 10 days of thisorder.
|
|
| Docket Date |
2022-03-16
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ RESPONDENT'S MOTION TO TEMPORARILY HOLD CERTIORARI PROCEEDINGS IN ABEYANCE PENDING ANTICIPATED FINAL JUDGMENT
|
| On Behalf Of |
MARK GOCHENOUR
|
|
| Docket Date |
2022-03-09
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Deny Miscellaneous Motion-79a ~ The defendants in the action below have filed a petition for writ of certiorari toreview an order that they maintain requires them to provide private patient medicalinformation. Within the petition, defendants ask this court in the first instance to stay thediscovery below. Defendants' request is denied without prejudice to first seek a stay inthe trial court, and if denied, then move for review in this court. See Fla. R. App. P.9.310(a) and (f).Respondent shall serve a response to the petition for writ of certiorari within 30days. Petitioners may serve a reply within 30 days thereafter.The parties shall keep this court apprised of all hearings or trial dates that mayaffect this proceeding.
|
|
| Docket Date |
2022-03-04
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
MARK GOCHENOUR
|
|
| Docket Date |
2022-02-11
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2022-02-10
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
ORIGINAL APPENDIX OR ATTACHMENT ~ NOT BOOKMARKED
|
| On Behalf Of |
THE VEIN & VASCULAR INSTITUTE OF SPRING HILL, PLLC
|
|
| Docket Date |
2022-02-10
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Filed
|
| On Behalf Of |
THE VEIN & VASCULAR INSTITUTE OF SPRING HILL, PLLC
|
|
| Docket Date |
2022-02-10
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
