|
LEE WELLNESS AND REHAB LLC VS PROGRESSIVE SELECT INSURANCE COMPANY
|
4D2021-0593
|
2021-01-26
|
Closed
|
|
| Classification |
NOA Non Final - County Small Claims - PIP
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE20-21704
County Court for the Seventeenth Judicial Circuit, Broward County
COWE20-18525 (80)
|
Parties
| Name |
LEE WELLNESS AND REHAB LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Hetal Mamtora, Chad A. Barr
|
|
| Name |
PROGRESSIVE SELECT INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Erin G. Whitebook, Michael C. Clarke
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-07-02
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2021-06-11
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-06-11
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-Denying Rehearing ~ ORDERED that appellee's May 27, 2021 motion for rehearing and clarification is denied.
|
|
| Docket Date |
2021-06-08
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ COMBINED RESPONSE TO MOTION FOR REHEARING.
|
| On Behalf Of |
Lee Wellness and Rehab LLC
|
|
| Docket Date |
2021-06-08
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken ~ ORDERED that appellant's June 7, 2021 response is stricken without prejudice to refiling a combined response as to all consolidated cases in Case No. 4D21-568. The combined response shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2021-06-07
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ **STRICKEN** **ALL 6/7/21 RESPONSES TO THE MOTION FOR REHEARING ARE STRICKEN**
|
| On Behalf Of |
Lee Wellness and Rehab LLC
|
|
| Docket Date |
2021-05-27
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing ~ ANDALTERNATIVELY CLARIFICATION OF ORDER AWARDINGAPPELLATE ATTORNEY'S FEES TO APPELLANT
|
| On Behalf Of |
Progressive Select Insurance Company
|
|
| Docket Date |
2021-05-27
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO MOTION FOR REHEARING.
|
| On Behalf Of |
Progressive Select Insurance Company
|
|
| Docket Date |
2021-05-12
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed - Authored Opinion
|
|
| Docket Date |
2021-05-12
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney Fees-Prevailing ~ ORDERED that appellants’ February 2, 2021 motion for award of appellate attorney's fees is granted conditioned on the trial court determining that appellants are the prevailing party and, if so, setting the amount of the attorney's fees to be awarded for this appellate case. If a motion for rehearing is filed in this court, then services rendered in connection with the filing of the motion, including but not limited to preparation of a responsive pleading, shall be taken into account in computing the amount of the fee. Further,ORDERED that the motion for costs filed by Chad A. Barr is denied without prejudice to seek costs in the trial court.
|
|
| Docket Date |
2021-04-19
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORD-Granting Consolidation ~ ORDERED that appellant's March 8, 2021 motion to consolidate is granted, and case numbers 4D21-0568, 4D21-0569, 4D21-0570, 4D21-0580, 4D21-0581, 4D21-0588, 4D21-0589, 4D21-0590, 4D21-0591, 4D21-0593, 4D21-0595, 4D21-0596, and 4D21-0646 are now consolidated for all purposes and are to proceed under the time schedule for a nonfinal appeal and according to the requirements of Florida Rule of Appellate Procedure 9.130, and shall proceed under case number 4D21-0568.
|
|
| Docket Date |
2021-04-15
|
| Type |
Notice
|
| Subtype |
Concession/Confession of Error
|
| Description |
Confession of Error
|
| On Behalf Of |
Progressive Select Insurance Company
|
|
| Docket Date |
2021-04-12
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Lee Wellness and Rehab LLC
|
|
| Docket Date |
2021-04-12
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Lee Wellness and Rehab LLC
|
|
| Docket Date |
2021-04-05
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's April 1, 2021 motion for extension of time is granted, and appellant shall serve the initial brief within thirty (30) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2021-04-01
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
Lee Wellness and Rehab LLC
|
|
| Docket Date |
2021-02-17
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR AWARD OF APPELLATE ATTORNEY'S FEES
|
| On Behalf Of |
Progressive Select Insurance Company
|
|
| Docket Date |
2021-02-05
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar Case Pending
|
| On Behalf Of |
Progressive Select Insurance Company
|
|
| Docket Date |
2021-02-03
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's January 26, 2021 motion for extension of time is granted, and appellant shall serve the initial brief within sixty (60) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2021-02-02
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar Case Pending
|
| On Behalf Of |
Lee Wellness and Rehab LLC
|
|
| Docket Date |
2021-02-02
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Lee Wellness and Rehab LLC
|
|
| Docket Date |
2021-02-01
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Progressive Select Insurance Company
|
|
| Docket Date |
2021-01-27
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Related Case Order - Transfer ~ Upon consideration of the transfer of this case to this court from the circuit court, it is ORDERED that within ten (10) days from the date of this order, the parties shall: (1) ascertain whether there are any cases pending in this court, or any cases which are being transferred to this court from the circuit court, which are related to this case or raise same/similar issue(s); (2) if there are any related cases or cases which raise same/similar issue(s), file with this court a “Notice of Related Cases and/or Same or Similar Issues” which identifies those cases by district court and/or circuit court case number, states how those cases are related or contain same/similar issue(s) to this case, and addresses whether it would be appropriate for this court to consolidate those cases for all purposes or for purposes of assignment to the same panel; and (3) if there are no related cases or cases which raise same/similar issue(s), file a “Notice of Related Cases and/or Same or Similar Issues” which indicates that there are no related cases or cases with the same/similar issue(s).The parties may jointly file a single “Notice of Related Cases and/or Same or Similar Issues” in response to this order.
|
|
| Docket Date |
2021-01-27
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2021-01-26
|
| Type |
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 |
Lee Wellness and Rehab LLC
|
|
| Docket Date |
2021-01-26
|
| Type |
Notice
|
| Subtype |
Appeal Transfer Cover Sheet
|
| Description |
Appeal Transfer Form
|
| On Behalf Of |
Lee Wellness and Rehab LLC
|
|
| Docket Date |
2021-01-26
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NF:Not Required
|
|
|
|
LEE WELLNESS AND REHAB LLC VS PROGRESSIVE SELECT INSURANCE COMPANY
|
4D2021-0591
|
2021-01-26
|
Closed
|
|
| Classification |
NOA Non Final - County Small Claims - PIP
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE20-21711
County Court for the Seventeenth Judicial Circuit, Broward County
COWE20-18808 (80)
|
Parties
| Name |
LEE WELLNESS AND REHAB LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Chad A. Barr, Hetal Mamtora
|
|
| Name |
PROGRESSIVE SELECT INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Michael C. Clarke, Kyle Phipps, DeeAnn Julia McLemore, Charles W. Hall
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-07-02
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2021-06-11
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-06-11
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-Denying Rehearing ~ ORDERED that appellee's May 27, 2021 motion for rehearing and clarification is denied.
|
|
| Docket Date |
2021-06-08
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ COMBINED RESPONSE TO MOTION FOR REHEARING.
|
| On Behalf Of |
Lee Wellness and Rehab LLC
|
|
| Docket Date |
2021-06-08
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken ~ ORDERED that appellant's June 7, 2021 response is stricken without prejudice to refiling a combined response as to all consolidated cases in Case No. 4D21-568. The combined response shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2021-06-07
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ **STRICKEN**
|
| On Behalf Of |
Lee Wellness and Rehab LLC
|
|
| Docket Date |
2021-05-27
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO MOTION FOR REHEARING.
|
| On Behalf Of |
Progressive Select Insurance Company
|
|
| Docket Date |
2021-05-27
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing ~ ANDALTERNATIVELY CLARIFICATION OF ORDER AWARDINGAPPELLATE ATTORNEY'S FEES TO APPELLANT
|
| On Behalf Of |
Progressive Select Insurance Company
|
|
| Docket Date |
2021-05-12
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed - Authored Opinion
|
|
| Docket Date |
2021-05-12
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney Fees-Prevailing ~ ORDERED that appellants’ February 2, 2021 motion for award of appellate attorney's fees is granted conditioned on the trial court determining that appellants are the prevailing party and, if so, setting the amount of the attorney's fees to be awarded for this appellate case. If a motion for rehearing is filed in this court, then services rendered in connection with the filing of the motion, including but not limited to preparation of a responsive pleading, shall be taken into account in computing the amount of the fee. Further,ORDERED that the motion for costs filed by Chad A. Barr is denied without prejudice to seek costs in the trial court.
|
|
| Docket Date |
2021-04-19
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORD-Granting Consolidation ~ ORDERED that appellant's March 8, 2021 motion to consolidate is granted, and case numbers 4D21-0568, 4D21-0569, 4D21-0570, 4D21-0580, 4D21-0581, 4D21-0588, 4D21-0589, 4D21-0590, 4D21-0591, 4D21-0593, 4D21-0595, 4D21-0596, and 4D21-0646 are now consolidated for all purposes and are to proceed under the time schedule for a nonfinal appeal and according to the requirements of Florida Rule of Appellate Procedure 9.130, and shall proceed under case number 4D21-0568.
|
|
| Docket Date |
2021-04-15
|
| Type |
Notice
|
| Subtype |
Concession/Confession of Error
|
| Description |
Confession of Error
|
| On Behalf Of |
Progressive Select Insurance Company
|
|
| Docket Date |
2021-04-12
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Lee Wellness and Rehab LLC
|
|
| Docket Date |
2021-04-12
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Lee Wellness and Rehab LLC
|
|
| Docket Date |
2021-04-05
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's April 1, 2021 motion for extension of time is granted, and appellant shall serve the initial brief within thirty (30) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2021-04-01
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
Lee Wellness and Rehab LLC
|
|
| Docket Date |
2021-02-24
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
ORD-Withdraw as Counsel ~ ORDERED that the February 22, 2021 motion of Banker Lopez Gassler P.A., counselfor Progressive Select Insurance Company, to withdraw as counsel is granted. This courtnotes Kubicki Draper, P.A.’s February 4, 2021 notice of appearance.
|
|
| Docket Date |
2021-02-22
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
Progressive Select Insurance Company
|
|
| Docket Date |
2021-02-17
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR AWARD OF APPELLATE ATTORNEY'S FEES
|
| On Behalf Of |
Progressive Select Insurance Company
|
|
| Docket Date |
2021-02-05
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar Case Pending
|
| On Behalf Of |
Progressive Select Insurance Company
|
|
| Docket Date |
2021-02-04
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's January 26, 2021 motion for extension of time is granted, and appellant shall serve the initial brief within sixty (60) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2021-02-04
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit ~ PAYMENT OF FILING FEE
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2021-02-04
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Progressive Select Insurance Company
|
|
| Docket Date |
2021-02-02
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar Case Pending
|
| On Behalf Of |
Lee Wellness and Rehab LLC
|
|
| Docket Date |
2021-02-02
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Lee Wellness and Rehab LLC
|
|
| Docket Date |
2021-01-27
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2021-01-27
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Progressive Select Insurance Company
|
|
| Docket Date |
2021-01-27
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Related Case Order - Transfer ~ Upon consideration of the transfer of this case to this court from the circuit court, it is ORDERED that within ten (10) days from the date of this order, the parties shall: (1) ascertain whether there are any cases pending in this court, or any cases which are being transferred to this court from the circuit court, which are related to this case or raise same/similar issue(s); (2) if there are any related cases or cases which raise same/similar issue(s), file with this court a “Notice of Related Cases and/or Same or Similar Issues” which identifies those cases by district court and/or circuit court case number, states how those cases are related or contain same/similar issue(s) to this case, and addresses whether it would be appropriate for this court to consolidate those cases for all purposes or for purposes of assignment to the same panel; and (3) if there are no related cases or cases which raise same/similar issue(s), file a “Notice of Related Cases and/or Same or Similar Issues” which indicates that there are no related cases or cases with the same/similar issue(s).The parties may jointly file a single “Notice of Related Cases and/or Same or Similar Issues” in response to this order.
|
|
| Docket Date |
2021-01-26
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
Lee Wellness and Rehab LLC
|
|
| Docket Date |
2021-01-26
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NF:Not Required
|
|
| Docket Date |
2021-01-26
|
| Type |
Notice
|
| Subtype |
Circuit Court Appeal Documents
|
| Description |
Circuit Court Appeal Documents
|
| On Behalf Of |
Lee Wellness and Rehab LLC
|
|
|
|
LEE WELLNESS AND REHAB LLC VS PROGRESSIVE SELECT INSURANCE COMPANY
|
4D2021-0589
|
2021-01-26
|
Closed
|
|
| Classification |
NOA Non Final - County Small Claims - PIP
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE20-21701
County Court for the Seventeenth Judicial Circuit, Broward County
COWE20-18821 (80)
|
Parties
| Name |
LEE WELLNESS AND REHAB LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Chad A. Barr, Hetal Mamtora
|
|
| Name |
PROGRESSIVE SELECT INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Michael C. Clarke, Ritamaria Cuervo
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-07-02
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2021-06-11
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-Denying Rehearing ~ ORDERED that appellee's May 27, 2021 motion for rehearing and clarification is denied.
|
|
| Docket Date |
2021-06-11
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-06-08
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ COMBINED RESPONSE TO MOTION FOR REHEARING.
|
| On Behalf Of |
Lee Wellness and Rehab LLC
|
|
| Docket Date |
2021-06-08
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken ~ ORDERED that appellant's June 7, 2021 response is stricken without prejudice to refiling a combined response as to all consolidated cases in Case No. 4D21-568. The combined response shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2021-06-07
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ **STRICKEN** **ALL 6/7/21 RESPONSES TO THE MOTION FOR REHEARING ARE STRICKEN**
|
| On Behalf Of |
Lee Wellness and Rehab LLC
|
|
| Docket Date |
2021-05-27
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO MOTION FOR REHEARING.
|
| On Behalf Of |
Progressive Select Insurance Company
|
|
| Docket Date |
2021-05-27
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing ~ ANDALTERNATIVELY CLARIFICATION OF ORDER AWARDINGAPPELLATE ATTORNEY'S FEES TO APPELLANT
|
| On Behalf Of |
Progressive Select Insurance Company
|
|
| Docket Date |
2021-05-12
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed - Authored Opinion
|
|
| Docket Date |
2021-05-12
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney Fees-Prevailing ~ ORDERED that appellants’ February 2, 2021 motion for award of appellate attorney's fees is granted conditioned on the trial court determining that appellants are the prevailing party and, if so, setting the amount of the attorney's fees to be awarded for this appellate case. If a motion for rehearing is filed in this court, then services rendered in connection with the filing of the motion, including but not limited to preparation of a responsive pleading, shall be taken into account in computing the amount of the fee. Further,ORDERED that the motion for costs filed by Chad A. Barr is denied without prejudice to seek costs in the trial court.
|
|
| Docket Date |
2021-04-19
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORD-Granting Consolidation ~ ORDERED that appellant's March 8, 2021 motion to consolidate is granted, and case numbers 4D21-0568, 4D21-0569, 4D21-0570, 4D21-0580, 4D21-0581, 4D21-0588, 4D21-0589, 4D21-0590, 4D21-0591, 4D21-0593, 4D21-0595, 4D21-0596, and 4D21-0646 are now consolidated for all purposes and are to proceed under the time schedule for a nonfinal appeal and according to the requirements of Florida Rule of Appellate Procedure 9.130, and shall proceed under case number 4D21-0568.
|
|
| Docket Date |
2021-04-15
|
| Type |
Notice
|
| Subtype |
Concession/Confession of Error
|
| Description |
Confession of Error
|
| On Behalf Of |
Progressive Select Insurance Company
|
|
| Docket Date |
2021-04-12
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Lee Wellness and Rehab LLC
|
|
| Docket Date |
2021-04-12
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Lee Wellness and Rehab LLC
|
|
| Docket Date |
2021-04-05
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's April 1, 2021 motion for extension of time is granted, and appellant shall serve the initial brief within thirty (30) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2021-04-01
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
Lee Wellness and Rehab LLC
|
|
| Docket Date |
2021-02-17
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR AWARD OF APPELLATE ATTORNEY'S FEES
|
| On Behalf Of |
Progressive Select Insurance Company
|
|
| Docket Date |
2021-02-05
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar Case Pending
|
| On Behalf Of |
Progressive Select Insurance Company
|
|
| Docket Date |
2021-02-04
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's January 26, 2021 motion for extension of time is granted, and appellant shall serve the initial brief within sixty (60) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2021-02-04
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Progressive Select Insurance Company
|
|
| Docket Date |
2021-02-02
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Lee Wellness and Rehab LLC
|
|
| Docket Date |
2021-02-02
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar Case Pending
|
| On Behalf Of |
Lee Wellness and Rehab LLC
|
|
| Docket Date |
2021-01-27
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2021-01-27
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Related Case Order - Transfer ~ Upon consideration of the transfer of this case to this court from the circuit court, it is ORDERED that within ten (10) days from the date of this order, the parties shall: (1) ascertain whether there are any cases pending in this court, or any cases which are being transferred to this court from the circuit court, which are related to this case or raise same/similar issue(s); (2) if there are any related cases or cases which raise same/similar issue(s), file with this court a “Notice of Related Cases and/or Same or Similar Issues” which identifies those cases by district court and/or circuit court case number, states how those cases are related or contain same/similar issue(s) to this case, and addresses whether it would be appropriate for this court to consolidate those cases for all purposes or for purposes of assignment to the same panel; and (3) if there are no related cases or cases which raise same/similar issue(s), file a “Notice of Related Cases and/or Same or Similar Issues” which indicates that there are no related cases or cases with the same/similar issue(s).The parties may jointly file a single “Notice of Related Cases and/or Same or Similar Issues” in response to this order.
|
|
| Docket Date |
2021-01-26
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NF:Not Required
|
|
| Docket Date |
2021-01-26
|
| Type |
Notice
|
| Subtype |
Circuit Court Appeal Documents
|
| Description |
Circuit Court Appeal Documents
|
| On Behalf Of |
Lee Wellness and Rehab LLC
|
|
| Docket Date |
2021-01-26
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
Lee Wellness and Rehab LLC
|
|
|
|
LEE WELLNESS AND REHAB LLC VS PROGRESSIVE SELECT INSURANCE COMPANY
|
4D2021-0590
|
2021-01-26
|
Closed
|
|
| Classification |
NOA Non Final - County Small Claims - PIP
|
| Court |
4th District Court of Appeal
|
| Originating Court |
County Court for the Seventeenth Judicial Circuit, Broward County
COWE20-018518 (80)
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE20-21708
|
Parties
| Name |
LEE WELLNESS AND REHAB LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Chad A. Barr, Hetal Mamtora
|
|
| Name |
PROGRESSIVE SELECT INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Michael C. Clarke, Ritamaria Cuervo
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-07-02
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2021-06-11
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-Denying Rehearing ~ ORDERED that appellee's May 27, 2021 motion for rehearing and clarification is denied.
|
|
| Docket Date |
2021-06-11
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-06-08
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken ~ ORDERED that appellant's June 7, 2021 response is stricken without prejudice to refiling a combined response as to all consolidated cases in Case No. 4D21-568. The combined response shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2021-06-08
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ COMBINED RESPONSE TO MOTION FOR REHEARING.
|
| On Behalf Of |
Lee Wellness and Rehab LLC
|
|
| Docket Date |
2021-06-07
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ **STRICKEN** **ALL 6/7/21 RESPONSES TO THE MOTION FOR REHEARING ARE STRICKEN**
|
| On Behalf Of |
Lee Wellness and Rehab LLC
|
|
| Docket Date |
2021-05-27
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing ~ ANDALTERNATIVELY CLARIFICATION OF ORDER AWARDINGAPPELLATE ATTORNEY'S FEES TO APPELLANT
|
| On Behalf Of |
Progressive Select Insurance Company
|
|
| Docket Date |
2021-05-27
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO MOTION FOR REHEARING.
|
| On Behalf Of |
Progressive Select Insurance Company
|
|
| Docket Date |
2021-05-12
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed - Authored Opinion
|
|
| Docket Date |
2021-05-12
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney Fees-Prevailing ~ ORDERED that appellants’ February 2, 2021 motion for award of appellate attorney's fees is granted conditioned on the trial court determining that appellants are the prevailing party and, if so, setting the amount of the attorney's fees to be awarded for this appellate case. If a motion for rehearing is filed in this court, then services rendered in connection with the filing of the motion, including but not limited to preparation of a responsive pleading, shall be taken into account in computing the amount of the fee. Further,ORDERED that the motion for costs filed by Chad A. Barr is denied without prejudice to seek costs in the trial court.
|
|
| Docket Date |
2021-04-19
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORD-Granting Consolidation ~ ORDERED that appellant's March 8, 2021 motion to consolidate is granted, and case numbers 4D21-0568, 4D21-0569, 4D21-0570, 4D21-0580, 4D21-0581, 4D21-0588, 4D21-0589, 4D21-0590, 4D21-0591, 4D21-0593, 4D21-0595, 4D21-0596, and 4D21-0646 are now consolidated for all purposes and are to proceed under the time schedule for a nonfinal appeal and according to the requirements of Florida Rule of Appellate Procedure 9.130, and shall proceed under case number 4D21-0568.
|
|
| Docket Date |
2021-04-15
|
| Type |
Notice
|
| Subtype |
Concession/Confession of Error
|
| Description |
Confession of Error
|
| On Behalf Of |
Progressive Select Insurance Company
|
|
| Docket Date |
2021-04-12
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Lee Wellness and Rehab LLC
|
|
| Docket Date |
2021-04-12
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Lee Wellness and Rehab LLC
|
|
| Docket Date |
2021-04-05
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's April 1, 2021 motion for extension of time is granted, and appellant shall serve the initial brief within thirty (30) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2021-04-01
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
Lee Wellness and Rehab LLC
|
|
| Docket Date |
2021-02-23
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
ORD-Withdraw as Counsel ~ ORDERED that the February 22, 2021 motion of Banker Lopez Gassler P.A., counsel for Progressive Select Insurance Company, to withdraw as counsel is granted. This court notes Kubicki Draper, P.A.’s February 1, 2021 notice of appearance.
|
|
| Docket Date |
2021-02-22
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
Progressive Select Insurance Company
|
|
| Docket Date |
2021-02-17
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR AWARD OF APPELLATE ATTORNEY'S FEES
|
| On Behalf Of |
Progressive Select Insurance Company
|
|
| Docket Date |
2021-02-05
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar Case Pending
|
| On Behalf Of |
Progressive Select Insurance Company
|
|
| Docket Date |
2021-02-04
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit ~ PAYMENT OF FILING FEE
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2021-02-04
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's January 26, 2021 motion for extension of time is granted, and appellant shall serve the initial brief within sixty (60) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2021-02-02
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar Case Pending
|
| On Behalf Of |
Lee Wellness and Rehab LLC
|
|
| Docket Date |
2021-02-02
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Lee Wellness and Rehab LLC
|
|
| Docket Date |
2021-02-01
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Progressive Select Insurance Company
|
|
| Docket Date |
2021-01-28
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Progressive Select Insurance Company
|
|
| Docket Date |
2021-01-27
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Related Case Order - Transfer ~ Upon consideration of the transfer of this case to this court from the circuit court, it is ORDERED that within ten (10) days from the date of this order, the parties shall: (1) ascertain whether there are any cases pending in this court, or any cases which are being transferred to this court from the circuit court, which are related to this case or raise same/similar issue(s); (2) if there are any related cases or cases which raise same/similar issue(s), file with this court a “Notice of Related Cases and/or Same or Similar Issues” which identifies those cases by district court and/or circuit court case number, states how those cases are related or contain same/similar issue(s) to this case, and addresses whether it would be appropriate for this court to consolidate those cases for all purposes or for purposes of assignment to the same panel; and (3) if there are no related cases or cases which raise same/similar issue(s), file a “Notice of Related Cases and/or Same or Similar Issues” which indicates that there are no related cases or cases with the same/similar issue(s).The parties may jointly file a single “Notice of Related Cases and/or Same or Similar Issues” in response to this order.
|
|
| Docket Date |
2021-01-27
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2021-01-26
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Lee Wellness and Rehab LLC
|
|
| Docket Date |
2021-01-26
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NF:Not Required
|
|
| Docket Date |
2021-01-26
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
Lee Wellness and Rehab LLC
|
|
|
