|
Advanced Diagnostic Group, Appellant(s), v. Progressive American Insurance Company, Appellee(s).
|
3D2024-2062
|
2024-11-15
|
Open
|
|
| Classification |
NOA Final - County Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
County Court for the Eleventh Judicial Circuit, Miami-Dade County
23-152944-CC-26
|
Parties
| Name |
ADVANCED DIAGNOSTIC GROUP, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Chad Andrew Barr
|
|
| Name |
PROGRESSIVE AMERICAN INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Shadae Moss, Michael Christopher Clarke, Joye Bartok Walford
|
|
| Name |
Hon. Miesha Darrough
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-11-15
|
| Type |
Event
|
| Subtype |
Fee Satisfied
|
| Description |
Fee Satisfied
|
|
| Docket Date |
2024-11-15
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Case Filing Fee $300 paid through the portal. Batch # 13103569
|
| On Behalf Of |
Advanced Diagnostic Group
|
| View |
View File
|
|
| Docket Date |
2024-11-15
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment of a New Case Letter. The 3DCA $300 filing fee for a notice of appeal is due.
|
| View |
View File
|
|
| Docket Date |
2024-11-15
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal for 3D2024-2062.
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| On Behalf Of |
Advanced Diagnostic Group
|
| View |
View File
|
|
| Docket Date |
2024-11-15
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
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 November 25, 2024.
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| View |
View File
|
|
| Docket Date |
2024-12-26
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Progressive American Insurance Company
|
| View |
View File
|
|
| Docket Date |
2024-12-16
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
|
| On Behalf Of |
Miami-Dade Clerk
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| View |
View File
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|
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JUPITER MEDICAL CENTER, INC., Petitioner(s) v. SUSAN FRISCIA, individually, and as natural guardian and next friend of A.M. and S.M., her minor daughters, et al., Respondent(s).
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4D2024-2582
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2024-10-08
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502021CA010518
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Parties
| Name |
JUPITER MEDICAL CENTER, INC.
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Norman M Waas, Jessica Hernandez
|
|
| Name |
Susan Friscia
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Maria Luisa Rubio, Philip Dixon Parrish
|
|
| Name |
A.M. A Minor
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
S.M. A Minor
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| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Ramin Mohammad Abdolvahabi, MD
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Jonathan Marc Midwall, Alyssa Mandi Tornberg, Michelle Marie Gonzalez
|
|
| Name |
PALM BEACH NEUROSURGERY, LLC
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
ADVANCED DIAGNOSTIC GROUP, LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Rolando Diaz
|
|
| Name |
ADVANCED DIAGNOSTIC RESOURCES, LLC
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Akumin Corp.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Mitchell Lee Clark, MD
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Jay Paul Chimpoulis
|
|
| Name |
JUPITER IMAGING ASSOCIATES, INC.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
John Li, MD
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Barry Adam Postman, Laura Segura
|
|
| Name |
John Li, MD, P.A.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Jared Brunk, PA-C
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Ear Nose & Throat Associates of S. Florida
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Mamata Myneni, MD
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
David Paul Ferrainolo, Jr.
|
|
| Name |
David Robert Priest, MD
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Hon. Gerard Joseph Curley Jr.
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Palm Beach Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-10-24
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
ORDERED that the October 8, 2024 petition for writ of certiorari is denied.
WARNER, GROSS, and GERBER, JJ., concur.
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| View |
View File
|
|
| Docket Date |
2024-10-08
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Pay Case Filing Fee-300
|
| On Behalf Of |
Jupiter Medical Center, Inc.
|
| View |
View File
|
|
| Docket Date |
2024-10-08
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-10-08
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
|
| Docket Date |
2024-10-08
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition Certiorari
|
|
|
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ADVANCED DIAGNOSTIC GROUP VS STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
|
4D2022-3311
|
2022-12-13
|
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
COINX21070897
|
Parties
| Name |
ADVANCED DIAGNOSTIC GROUP, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Chad A. Barr
|
|
| Name |
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Nancy W. Gregoire Stamper, Christopher Kirwan
|
|
| Name |
Hon. Kathleen McHugh
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-05-15
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
ORD-Granting EOT for Relinquishment of Juris. ~ ORDERED that appellant's May 15, 2023 status report is treated as a motion to extend relinquishment and is granted. Relinquishment of jurisdiction to the trial court is continued for thirty (30) days from the date of this order.Appellant shall forward to this court a copy of any order issued during relinquishment. It is further ordered that appellant shall monitor this proceeding in the trial court. If further time is needed beyond this relinquishment period, it shall be the duty of appellant to request an extension of time by proper motion to this court. This case shall proceed in this court upon expiration of relinquishment unless otherwise notified in writing by the parties.
|
|
| Docket Date |
2023-03-21
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time
|
| On Behalf Of |
Advanced Diagnostic Group
|
|
| Docket Date |
2023-02-03
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
State Farm Mutual Automobile Insurance Company
|
|
| Docket Date |
2023-01-20
|
| Type |
Order
|
| Subtype |
Order on Motion to Relinquish Jurisdiction
|
| Description |
Order Granting Relinquishment of Jurisdiction ~ ORDERED that appellant's motion to relinquish jurisdiction, contained in appellant's January 3, 2023 jurisdictional brief, is granted. Jurisdiction is relinquished to the trial court for sixty (60) days for the limited purpose of entering a final order of dismissal. See Mekertin v. Winn Dixie Stores, Inc., 869 So. 2d 1286, 1288 (Fla. 4th DCA 2004) (recognizing that although the phrase “without prejudice” generally indicates that an order is not final, the order is nonetheless appealable where “[i]t is clear that the order was intended to be without prejudice to file another action, rather than to amend the complaint in the first action”). The appellant shall forward to this court a copy of any order issued during relinquishment. It is further ordered that the appellant shall monitor this proceeding in the trial court. If further time is needed beyond this relinquishment period, it shall be the duty of appellant to request an extension of time by proper motion to this court. This case shall proceed in this court upon expiration of relinquishment unless otherwise notified in writing by the parties.
|
|
| Docket Date |
2023-01-06
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that appellant's December 29, 2022 motion for extension of time is granted. Appellant’s brief statement explaining the basis for this court’s subject matter jurisdiction was filed January 3, 2023.
|
|
| Docket Date |
2023-01-03
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief ~ AND MOTION TO RELINQUISH JURISDICTION
|
| On Behalf Of |
Advanced Diagnostic Group
|
|
| Docket Date |
2022-12-29
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ TO FILE STATEMENT EXPLAINING JURISDICTION
|
| On Behalf Of |
Advanced Diagnostic Group
|
|
| Docket Date |
2022-12-19
|
| 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 November 16, 2022 order is an appealable final or nonfinal order, as it appears the order dismisses the petition for declaratory relief without prejudice. See Al-Hakim v. Big Lots Stores, Inc., 161 So. 3d 568, 569–70 (Fla. 2d DCA 2014) ("Generally, when an order dismisses a complaint “without prejudice,” that language signifies that the order is not a final order."); Mekertin v. Winn Dixie Stores, Inc., 869 So. 2d 1286, 1288 (Fla. 4th DCA 2004) (recognizing that although the phrase “without prejudice” generally indicates that an order is not final, the order is nonetheless appealable where “[i]t is clear that the order was intended to be without prejudice to file another action, rather than to amend the complaint in the first action”). Further,Appellee may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2022-12-13
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
| On Behalf Of |
Advanced Diagnostic Group
|
|
| Docket Date |
2022-12-13
|
| 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 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 |
2022-12-13
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-12-13
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Advanced Diagnostic Group
|
|
| Docket Date |
2023-06-15
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that appellant's June 14, 2023 motion for extension of time is granted in part, and appellant shall obtain and file a final appealable order within thirty (30) days from the date of this order.
|
|
| Docket Date |
2023-06-14
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ TO FILE FINAL ORDER
|
| On Behalf Of |
Advanced Diagnostic Group
|
|
| Docket Date |
2023-07-20
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2023-07-20
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the July 19, 2023 notice of voluntary dismissal, this case is dismissed.
|
|
| Docket Date |
2023-07-19
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
Advanced Diagnostic Group
|
|
| Docket Date |
2023-05-15
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Advanced Diagnostic Group
|
|
| Docket Date |
2023-05-04
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order to File Status Report ~ ORDERED that appellant is directed to file a status report, within ten (10) days from the date of this order, regarding the progress being made toward the relinquishment of jurisdiction to the trial court.
|
|
| Docket Date |
2023-03-29
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that appellant's March 21, 2023 motion for extension of time is granted in part, and appellant shall file its statement within thirty (30) days from the date of this order.
|
|
| Docket Date |
2023-01-27
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 181 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
|
|
ADVANCED DIAGNOSTIC GROUP VS STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
|
4D2022-3237
|
2022-12-05
|
Closed
|
|
| Classification |
NOA Non Final - County Small Claims - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
County Court for the Seventeenth Judicial Circuit, Broward County
COINX22021878
|
Parties
| Name |
ADVANCED DIAGNOSTIC GROUP, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Chad A. Barr
|
|
| Name |
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Nancy A. Copperthwaite, Walwin Taylor
|
|
| Name |
Hon. Robert W. Lee
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-02-22
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2023-02-22
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
Advanced Diagnostic Group
|
|
| Docket Date |
2023-02-22
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the February 22, 2023 notice of voluntary dismissal, this case is dismissed. Further, ORDERED that appellant’s February 20, 2023 motion for extension of time to file initial brief is determined to be moot.
|
|
| Docket Date |
2023-02-20
|
| 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 |
Advanced Diagnostic Group
|
|
| Docket Date |
2023-02-08
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-Moot ~ ORDERED that appellee’s February 1, 2023 motion to consolidate is determined to be moot pursuant to the notice of voluntary dismissal filed in case number 4D22-2948.
|
|
| Docket Date |
2023-02-03
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO APPELLEE'S MOTION TO CONSOLIDATE
|
| On Behalf Of |
Advanced Diagnostic Group
|
|
| Docket Date |
2023-02-01
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate
|
| On Behalf Of |
State Farm Mutual Automobile Insurance Company
|
|
| Docket Date |
2022-12-21
|
| 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 December 20, 2022 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 |
2022-12-20
|
| 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 |
Advanced Diagnostic Group
|
|
| Docket Date |
2022-12-19
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
State Farm Mutual Automobile Insurance Company
|
|
| Docket Date |
2022-12-06
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Advanced Diagnostic Group
|
|
| Docket Date |
2022-12-06
|
| 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 |
2022-12-06
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-12-05
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-12-05
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Advanced Diagnostic Group
|
|
|
|
ADVANCED DIAGNOSTIC GROUP a/a/o WILLIAM PATTERSON VS STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
|
4D2022-2948
|
2022-10-31
|
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
COINX21074408
|
Parties
| Name |
WILLIAM PATTERSON, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
ADVANCED DIAGNOSTIC GROUP, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Chad A. Barr
|
|
| Name |
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Shannan Starkey, Nancy A. Copperthwaite
|
|
| Name |
Hon. Robert W. Lee
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-02-07
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2023-02-07
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the February 6, 2023 notice of voluntary dismissal, this case is dismissed. Further, ORDERED that appellee’s February 1, 2023 motion to consolidate is determined to be moot.
|
|
| Docket Date |
2023-02-06
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
Advanced Diagnostic Group
|
|
| Docket Date |
2023-02-03
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO APPELLEE'S MOTION TO CONSOLIDATE
|
| On Behalf Of |
Advanced Diagnostic Group
|
|
| Docket Date |
2023-02-01
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate
|
| On Behalf Of |
State Farm Mutual Automobile Insurance Company
|
|
| Docket Date |
2023-01-03
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORD-Initial Brief to be Served ~ ORDERED that appellant's unopposed December 27, 2022 motion for extension of time is granted in part, 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 will be subject to dismissal or the court in its discretion may impose other sanctions. Appellant is advised that no further extensions will be granted absent a detailed explanation for why the initial brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant. Attorney workload does not constitute extraordinary circumstances which justifies a further extension of time.
|
|
| Docket Date |
2022-12-27
|
| 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 |
Advanced Diagnostic Group
|
|
| Docket Date |
2022-12-08
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
State Farm Mutual Automobile Insurance Company
|
|
| Docket Date |
2022-11-08
|
| 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 November 2, 2022 motion for extension of time is granted, and appellant shall serve the initial brief within sixty (60) days from the current due date. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2022-11-02
|
| 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 |
Advanced Diagnostic Group
|
|
| Docket Date |
2022-11-01
|
| 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 |
2022-11-01
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Advanced Diagnostic Group
|
|
| Docket Date |
2022-11-01
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-10-31
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-10-31
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Advanced Diagnostic Group
|
|
|
|
ADVANCED DIAGNOSTIC GROUP VS STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
|
4D2022-1889
|
2022-07-12
|
Closed
|
|
| Classification |
NOA Non Final - County Small Claims - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
COINX-22-000875
|
Parties
| Name |
ADVANCED DIAGNOSTIC GROUP, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Thomas J. Wenzel, Chad A. Barr
|
|
| Name |
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Nancy A. Copperthwaite, Michael S. Walsh, Marcy Levine Aldrich
|
|
| Name |
Hon. Robert W. Lee
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-11-07
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the November 4, 2022 notice of voluntary dismissal, this case is dismissed.
|
|
| Docket Date |
2022-11-07
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2022-11-04
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
State Farm Mutual Automobile Insurance Company
|
|
| Docket Date |
2022-11-04
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORD-Initial Brief to be Served ~ ORDERED that appellant's November 3, 2022 motion for extension of time is granted in part, 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 will be subject to dismissal or the court in its discretion may impose other sanctions. Appellant is advised that no further extensions will be granted absent a detailed explanation for why the initial brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant. Attorney workload does not constitute extraordinary circumstances which justifies a further extension of time.
|
|
| Docket Date |
2022-11-03
|
| 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 |
Advanced Diagnostic Group
|
|
| Docket Date |
2022-10-04
|
| 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 October 3, 2022 motion for extension of time is granted in part. 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 |
2022-10-03
|
| 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 |
Advanced Diagnostic Group
|
|
| Docket Date |
2022-08-04
|
| 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 July 26, 2022 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 |
2022-08-02
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
State Farm Mutual Automobile Insurance Company
|
|
| Docket Date |
2022-07-26
|
| 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 |
Advanced Diagnostic Group
|
|
| Docket Date |
2022-07-20
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Advanced Diagnostic Group
|
|
| Docket Date |
2022-07-18
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ **AMENDED**
|
|
| Docket Date |
2022-07-15
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Advanced Diagnostic Group
|
|
| Docket Date |
2022-07-14
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-07-12
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Advanced Diagnostic Group
|
|
| Docket Date |
2022-07-12
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Document
|
| Description |
Misc. LT pleadings ~ *Civil Cover Sheet
|
|
| Docket Date |
2022-07-14
|
| 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 (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.
|
|
|
|
ADVANCED DIAGNOSTIC GROUP VS USAA CASUALTY INSURANCE COMPANY
|
4D2022-0636
|
2022-03-03
|
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
CONO21013384
|
Parties
| Name |
ADVANCED DIAGNOSTIC GROUP, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Chad A. Barr
|
|
| Name |
USAA CASUALTY INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Jennifer Pelaez, Scott W. Dutton, Rebecca L. Delaney
|
|
| Name |
Hon. Louis H. Schiff
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-06-06
|
| Type |
Order
|
| Subtype |
Order on Motion for Sanctions
|
| Description |
Order Denying Motion for Sanctions ~ ORDERED that appellee’s April 25, 2022 motion for sanctions is denied.
|
|
| Docket Date |
2022-05-26
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the May 25, 2022 notice of voluntary dismissal, this case is dismissed.
|
|
| Docket Date |
2022-05-26
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2022-05-25
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
Advanced Diagnostic Group
|
|
| Docket Date |
2022-05-06
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO APPELLEE'S MOTION FOR SANCTIONS
|
| On Behalf Of |
Advanced Diagnostic Group
|
|
| Docket Date |
2022-03-25
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause
|
| On Behalf Of |
Advanced Diagnostic Group
|
|
| Docket Date |
2022-03-24
|
| 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 |
2022-03-14
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
USAA Casualty Insurance Company
|
|
| Docket Date |
2022-03-04
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Document
|
| Description |
Misc. LT pleadings
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-03-03
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-03-03
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
| On Behalf Of |
Advanced Diagnostic Group
|
|
| Docket Date |
2022-03-03
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Advanced Diagnostic Group
|
|
| Docket Date |
2022-04-25
|
| Type |
Motions Other
|
| Subtype |
Motion for Sanctions
|
| Description |
Motion for sanctions
|
| On Behalf Of |
USAA Casualty Insurance Company
|
|
| Docket Date |
2022-03-28
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that upon consideration of appellant’s response filed March 25, 2022, this court’s March 24, 2022 order to show cause is discharged. Further, ORDERED that appellant’s March 25, 2022 motion for extension of time is granted, and appellant shall serve the initial brief and appendix within sixty (60) days from the date of this order. 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 |
2022-03-03
|
| 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.
|
|
|
|
ADVANCED DIAGNOSTIC GROUP a/a/o GLADYS SOTO VS DIRECT GENERAL INSURANCE COMPANY
|
4D2021-3568
|
2021-12-21
|
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
CONO21-017816
|
Parties
| Name |
Gladys Soto
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
ADVANCED DIAGNOSTIC GROUP, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Chad A. Barr, Thomas J. Wenzel
|
|
| Name |
DIRECT GENERAL INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Robert Kevin Savage, William McFarlane, Michael K. Mittelmark
|
|
| Name |
Hon. Steven P. DeLuca
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-05-09
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ **PROPOSED** (26 PAGES)
|
| On Behalf Of |
Advanced Diagnostic Group
|
|
| Docket Date |
2022-12-23
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2022-12-23
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2022-12-07
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed - Per Curiam Opinion ~ ON CONFESSION OF ERROR
|
|
| Docket Date |
2022-12-07
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney Fees-Prevailing ~ ORDERED that appellant’s December 22, 2021 motion for award of appellate attorney's fees is granted conditioned on the trial court determining that appellant is 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.
|
|
| Docket Date |
2022-10-27
|
| Type |
Notice
|
| Subtype |
Concession/Confession of Error
|
| Description |
Confession of Error
|
| On Behalf Of |
Direct General Insurance Company
|
|
| Docket Date |
2022-09-22
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Advanced Diagnostic Group
|
|
| Docket Date |
2022-09-22
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Advanced Diagnostic Group
|
|
| Docket Date |
2022-09-06
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Direct General Insurance Company
|
|
| Docket Date |
2022-08-05
|
| 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 |
2022-08-05
|
| 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 August 5, 2022 motion for extension of time is granted, and appellee shall serve the answer brief within thirty (30) 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 |
2022-07-07
|
| 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 motion for extension of time is granted, and appellee shall serve the answer brief within thirty (30) days from the date of this order. 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 |
2022-07-06
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ DUPLICATE MOTION.
|
| On Behalf Of |
Direct General Insurance Company
|
|
| Docket Date |
2022-07-05
|
| 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 |
2022-06-03
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Advanced Diagnostic Group
|
|
| Docket Date |
2022-05-25
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ (30 PAGES)
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-05-17
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Direct General Insurance Company
|
|
| Docket Date |
2022-05-11
|
| 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 May 9, 2022 motion for extension of time is granted in part, 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 |
2022-05-09
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Motion Supplemental Record & Eot For Brief
|
| On Behalf Of |
Advanced Diagnostic Group
|
|
| Docket Date |
2022-05-09
|
| 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 |
Advanced Diagnostic Group
|
|
| Docket Date |
2022-03-09
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ (99 PAGES)
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-03-08
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's February 28, 2022 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 |
2022-02-28
|
| 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 |
Advanced Diagnostic Group
|
|
| Docket Date |
2022-01-10
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Advanced Diagnostic Group
|
|
| Docket Date |
2021-12-22
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Advanced Diagnostic Group
|
|
| Docket Date |
2021-12-22
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Advanced Diagnostic Group
|
|
| Docket Date |
2021-12-21
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2021-12-21
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Advanced Diagnostic Group
|
|
| Docket Date |
2021-12-21
|
| 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 |
2021-12-21
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
|
|
ADVANCED DIAGNOSTIC GROUP a/a/o CHRISTOPHER AVERA VS DIRECT GENERAL INSURANCE COMPANY
|
4D2021-3337
|
2021-11-24
|
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
CONO21-017181
|
Parties
| Name |
ADVANCED DIAGNOSTIC GROUP, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Thomas J. Wenzel, Valerie Zeppilli, Chad A. Barr
|
|
| Name |
Christopher Avera
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
DIRECT GENERAL INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Cara Ford Morehouse, William McFarlane, Michael K. Mittelmark
|
|
| Name |
Hon. John D. Fry
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-07-05
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Advanced Diagnostic Group
|
|
| Docket Date |
2022-07-05
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Advanced Diagnostic Group
|
|
| Docket Date |
2022-06-10
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Direct General Insurance Company
|
|
| Docket Date |
2022-05-11
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee’s May 10, 2022 motion for extension of time is granted, and appellee shall serve the answer brief within thirty (30) days from the date of this order. 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 |
2022-05-10
|
| 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 |
2022-12-09
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2022-12-09
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2022-11-30
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney Fees-Prevailing ~ ORDERED that appellant’s November 29, 2021 motion for award of appellate attorney's fees is granted conditioned on the trial court determining that appellant is 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.
|
|
| Docket Date |
2022-11-23
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed - Authored Opinion ~ ON CONFESSION OF ERROR
|
|
| Docket Date |
2022-10-27
|
| Type |
Notice
|
| Subtype |
Concession/Confession of Error
|
| Description |
Confession of Error
|
| On Behalf Of |
Direct General Insurance Company
|
|
| Docket Date |
2022-09-21
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
Advanced Diagnostic Group
|
|
| Docket Date |
2022-09-02
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
Advanced Diagnostic Group
|
|
| Docket Date |
2022-08-16
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
Advanced Diagnostic Group
|
|
| Docket Date |
2022-04-11
|
| 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, 2022 motion for extension of time is granted, and appellee shall serve the answer brief within thirty (30) days from the date of this order. 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 |
2022-04-08
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief
|
|
| Docket Date |
2022-03-10
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Advanced Diagnostic Group
|
|
| Docket Date |
2022-03-04
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 135 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-02-22
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Advanced Diagnostic Group
|
|
| 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 of Clerk 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 |
2022-02-07
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit ~ OF THE CLERK
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-02-02
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant’s February 1, 2022 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 |
2022-02-01
|
| 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 |
Advanced Diagnostic Group
|
|
| Docket Date |
2022-01-20
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Order
|
| Description |
ORD-FROM CIRCUIT COURT/AGENCY ~ FINAL ORDER OF DISMISSAL
|
| On Behalf Of |
Advanced Diagnostic Group
|
|
| Docket Date |
2021-12-28
|
| Type |
Order
|
| Subtype |
Order on Motion to Relinquish Jurisdiction
|
| Description |
Order Granting Relinquishment of Jurisdiction ~ ORDERED that the motion to relinquish jurisdiction, contained within appellant's December 3, 2021 jurisdictional brief, is granted. Jurisdiction is relinquished to the trial court for sixty (60) days in order for the trial court to enter an appealable final order of dismissal. The appellant shall forward to this court a copy of any order issued during relinquishment. It is further ordered that the appellant shall monitor this proceeding in the trial court. If further time is needed beyond this relinquishment period, it shall be the duty of appellant to request an extension of time by proper motion to this court. This case shall proceed in this court upon expiration of relinquishment unless otherwise notified in writing by the parties.
|
|
| Docket Date |
2021-12-28
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2021-12-21
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Direct General Insurance Company
|
|
| Docket Date |
2021-12-03
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief ~ AND MOTION TO RELINQUISH JURISDICTION
|
| On Behalf Of |
Advanced Diagnostic Group
|
|
| Docket Date |
2021-12-02
|
| 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 November 17, 2021 order is an appealable final order, as it appears the order does not enter a judgment. See Paige v. Am. Sec. Ins. Co., 987 So. 2d 128 (Fla. 4th DCA 2008) (holding that an order lacking finality is not a final judgment); Ball v. Genesis Outsourcing Sols., LLC, 174 So. 3d 498, 499 (Fla. 3d DCA 2015) (“For an order to be final, it must consist of an entry of a judgment: it is the final judgment that is appealable, not an order simply granting a motion.”). Further,Appellee may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2021-12-01
|
| Type |
Misc. Events
|
| Subtype |
Order Appealed
|
| Description |
Order Appealed
|
| On Behalf Of |
Advanced Diagnostic Group
|
|
| Docket Date |
2021-11-30
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| Description |
Appellant to File Order Appealed-Civil ~ ORDERED that appellant is directed to file, within fifteen (15) days from the date of this order, a conformed copy of the order being appealed. See Fla. R. App. P. 9.110(d). This copy must contain a legible stamp from the clerk of the lower tribunal, showing the date and time the order being appealed was filed in that office.
|
|
| Docket Date |
2021-11-29
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Advanced Diagnostic Group
|
|
| Docket Date |
2021-11-29
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Advanced Diagnostic Group
|
|
| Docket Date |
2021-11-24
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2021-11-24
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
| On Behalf Of |
Advanced Diagnostic Group
|
|
| Docket Date |
2021-11-24
|
| 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.
|
|
| Docket Date |
2021-11-24
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Advanced Diagnostic Group
|
|
|
|
ADVANCED DIAGNOSTIC GROUP a/a/o ASHLEY BECKHAM VS GOVERNMENT EMPLOYEES INSURANCE COMPANY
|
4D2021-1641
|
2021-05-18
|
Closed
|
|
| Classification |
NOA Non Final - County Small Claims - PIP
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CONO20-014238 (70)
|
Parties
| Name |
Ashley Beckham
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
ADVANCED DIAGNOSTIC GROUP, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Valerie Zeppilli, Chad A. Barr
|
|
| Name |
GOVERNMENT EMPLOYEES INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Thomas J. Wenzel, Lubna Abualown, Michael C. Clarke
|
|
| Name |
Hon. John D. Fry
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-06-17
|
| Type |
Order
|
| Subtype |
Order on Motion to Relinquish Jurisdiction
|
| Description |
ORD-Deny Relinquishment of Jurisdiction ~ Upon consideration of appellant’s June 15, 2021 response, it is ORDERED that appellee's June 14, 2021 motion to relinquish jurisdiction is denied.
|
|
| Docket Date |
2021-06-15
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED that case numbers 4D21-1580, 4D21-1601, and 4D21-1641 are consolidated for purposes of panel and opinion.
|
|
| Docket Date |
2021-06-15
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Advanced Diagnostic Group
|
|
| Docket Date |
2222-06-17
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ CASE NUMBERS 4D21-1580, 4D21-1601, and 4D21-1641 ARE CONSOLIDATED FOR PURPOSES OF PANEL AND OPINION. SEE 06/15/2021 ORDER.
|
|
| Docket Date |
2021-07-30
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2021-07-30
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-07-14
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney Fees-Prevailing ~ ORDERED that appellant’s May 19, 2021 motion for award of appellate attorney's fees is granted conditioned on the trial court determining that appellant is 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.
|
|
| Docket Date |
2021-07-14
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed - Per Curiam Opinion
|
|
| Docket Date |
2021-06-14
|
| Type |
Motions Other
|
| Subtype |
Motion To Relinquish Jurisdiction
|
| Description |
Motion To Relinquish Jurisdiction
|
| On Behalf Of |
Government Employees Insurance Company
|
|
| Docket Date |
2021-06-08
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Response
|
| On Behalf Of |
Advanced Diagnostic Group
|
|
| Docket Date |
2021-06-03
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Government Employees Insurance Company
|
|
| Docket Date |
2021-06-03
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause
|
| On Behalf Of |
Government Employees Insurance Company
|
|
| Docket Date |
2021-05-24
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
Order to Show Cause ~ ORDERED that, within ten (10) days from the date of this order, appellee shall file a response with this court and show cause as to why this appeal should not be controlled by this court’s disposition in Advanced Diagnostic Group v. Ocean Harbor Cas. Ins. Co., Case No. 4D21-458, 2021 WL 1310851 (Fla. 4th DCA Apr. 8, 2021). Appellant may file a reply within five (5) days after the filing of the response. No extensions of time will be permitted absent a showing of extraordinary circumstances.
|
|
| Docket Date |
2021-05-19
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2021-05-19
|
| 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.
|
|
| Docket Date |
2021-05-19
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Advanced Diagnostic Group
|
|
| Docket Date |
2021-05-19
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Advanced Diagnostic Group
|
|
| Docket Date |
2021-05-19
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Advanced Diagnostic Group
|
|
| Docket Date |
2021-05-19
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ (Response filed 6/03/21)
|
| On Behalf Of |
Advanced Diagnostic Group
|
|
| Docket Date |
2021-05-19
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Government Employees Insurance Company
|
|
| Docket Date |
2021-05-18
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Document
|
| Description |
Misc. LT pleadings
|
|
| Docket Date |
2021-05-18
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Advanced Diagnostic Group
|
|
|
|
ADVANCED DIAGNOSTIC GROUP a/a/o PATTAMA BAILEY VS GEICO INDEMNITY COMPANY
|
4D2021-1601
|
2021-05-13
|
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
CONO20-014099
|
Parties
| Name |
Pattama Bailey
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
ADVANCED DIAGNOSTIC GROUP, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Thomas J. Wenzel, Chad A. Barr, Valerie Zeppilli
|
|
| Name |
GEICO INDEMNITY COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Michael C. Clarke, Rhonda Boettcher
|
|
| Name |
Hon. John D. Fry
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2222-06-17
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ CASE NUMBERS 4D21-1580, 4D21-1601, and 4D21-1641 ARE CONSOLIDATED FOR PURPOSES OF PANEL AND OPINION. SEE 06/15/2021 ORDER.
|
|
| Docket Date |
2021-07-30
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-07-30
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2021-07-14
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney Fees-Prevailing ~ ORDERED that appellant’s May 18, 2021 amended motion for award of appellate attorney's fees is granted conditioned on the trial court determining that appellant is 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 appellant’s May 18, 2021 motion for award of appellate attorney’s fees is determined to be moot.
|
|
| Docket Date |
2021-07-14
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed - Per Curiam Opinion
|
|
| Docket Date |
2021-06-17
|
| Type |
Order
|
| Subtype |
Order on Motion to Relinquish Jurisdiction
|
| Description |
ORD-Deny Relinquishment of Jurisdiction ~ Upon consideration of appellant’s June 15, 2021 response, it is ORDERED that appellee's June 14, 2021 motion to relinquish jurisdiction is denied.
|
|
| Docket Date |
2021-06-15
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED that case numbers 4D21-1580, 4D21-1601, and 4D21-1641 are consolidated for purposes of panel and opinion.
|
|
| Docket Date |
2021-06-15
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO APPELLEE'S MOTION TO RELINQUISH JURISDICTION
|
| On Behalf Of |
Advanced Diagnostic Group
|
|
| Docket Date |
2021-06-14
|
| Type |
Motions Other
|
| Subtype |
Motion To Relinquish Jurisdiction
|
| Description |
Motion To Relinquish Jurisdiction ~ FOR TRIAL COURT TO ENTER ORDER RESCINDING ORDER ON APPEAL ANDMOTION TO STAY DISPOSITION OF ORDER TO SHOW CAUSE
|
| On Behalf Of |
Geico Indemnity Company
|
|
| Docket Date |
2021-06-08
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Response
|
| On Behalf Of |
Advanced Diagnostic Group
|
|
| Docket Date |
2021-06-03
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause
|
| On Behalf Of |
Geico Indemnity Company
|
|
| Docket Date |
2021-06-02
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO APPELLANT'S AMENDED MOTION FOR AWARD OF APPELLATE ATTORNEY'S FEES
|
| On Behalf Of |
Geico Indemnity Company
|
|
| Docket Date |
2021-06-02
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Geico Indemnity Company
|
|
| Docket Date |
2021-05-24
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
Order to Show Cause ~ ORDERED that, within ten (10) days from the date of this order, appellee shall file a response with this court and show cause as to why this appeal should not be controlled by this court’s disposition in Advanced Diagnostic Group v. Ocean Harbor Cas. Ins. Co., Case No. 4D21-458, 2021 WL 1310851 (Fla. 4th DCA Apr. 8, 2021). Appellant may file a reply within five (5) days after the filing of the response. No extensions of time will be permitted absent a showing of extraordinary circumstances.
|
|
| Docket Date |
2021-05-19
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Advanced Diagnostic Group
|
|
| Docket Date |
2021-05-19
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Advanced Diagnostic Group
|
|
| Docket Date |
2021-05-18
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Advanced Diagnostic Group
|
|
| Docket Date |
2021-05-18
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Advanced Diagnostic Group
|
|
| Docket Date |
2021-05-18
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Advanced Diagnostic Group
|
|
| Docket Date |
2021-05-14
|
| 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.
|
|
| Docket Date |
2021-05-14
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2021-05-13
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2021-05-13
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Advanced Diagnostic Group
|
|
|
|
ADVANCED DIAGNOSTIC GROUP VS OCEAN HARBOR CASUALTY INSURANCE COMPANY
|
4D2021-0458
|
2021-01-19
|
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
CACE 20-016877
Circuit Court for the Seventeenth Judicial Circuit, Broward County
COWE 20-020273
|
Parties
| Name |
ADVANCED DIAGNOSTIC GROUP, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Chad A. Barr
|
|
| Name |
OCEAN HARBOR CASUALTY INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Benjamin Silvanic, Hetal Mamtora
|
|
| Name |
Hon. Olga Gonzalez-Levine
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-08-11
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-04-27
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2021-04-08
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed - Per Curiam Opinion ~ ON CONFESSION OF ERROR
|
|
| Docket Date |
2021-04-08
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney Fees-Prevailing ~ ORDERED that appellant’s January 18, 2021 motion for award of appellate attorney's fees is granted conditioned on the trial court determining that appellant is 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.
|
|
| Docket Date |
2021-01-28
|
| Type |
Notice
|
| Subtype |
Concession/Confession of Error
|
| Description |
Confession of Error
|
| On Behalf Of |
Ocean Harbor Casualty Insurance Company
|
|
| Docket Date |
2021-01-26
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-To File Response ~ ORDERED that the lower tribunal clerk is directed to respond, within two (2) days from the date of this order, to appellant’s January 25, 2021 response.
|
|
| Docket Date |
2021-01-26
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar Case Pending
|
| On Behalf Of |
Advanced Diagnostic Group
|
|
| Docket Date |
2021-01-25
|
| Type |
Order
|
| Subtype |
Order to File (Supplemental) Appendix
|
| Description |
ORD-Requiring appendix to brief per 9.130(e) ~ Upon receipt of the appellant's initial brief filed on January 21, 2021, it is ORDERED that the appellant shall serve an appendix to the initial brief within fifteen (15) days from the date of this order. See Fla. R. App. P. 9.130(e) and 9.220. The clerk of the lower tribunal shall not transmit a record on appeal unless ordered by this court. In addition, if the appendix to the initial brief is not filed within the time provided for in this order, the above-styled case WILL BE DISMISSED or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2021-01-25
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO FILING FEE ORDER.
|
| On Behalf Of |
Advanced Diagnostic Group
|
|
| Docket Date |
2021-01-21
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Advanced Diagnostic Group
|
|
| Docket Date |
2021-01-21
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Advanced Diagnostic Group
|
|
| Docket Date |
2021-01-21
|
| 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 |
2021-01-21
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
Advanced Diagnostic Group
|
|
| Docket Date |
2021-01-20
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2021-01-19
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2021-01-19
|
| Type |
Notice
|
| Subtype |
Circuit Court Appeal Documents
|
| Description |
Circuit Court Appeal Documents
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2021-01-19
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NF:Not Required
|
|
|
|
UNITED AUTOMOBILE INSURANCE COMPANY VS AFO IMAGING D/B/A ADVANCED DIAGNOSTIC GROUP A/A/O RUBEN TORRES
|
5D2020-2442
|
2020-11-23
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
5th District Court of Appeal
|
| Originating Court |
Circuit Court for the Ninth Judicial Circuit, Orange County
2019-SC-016886-O
|
Parties
| Name |
UNITED AUTOMOBILE INSURANCE COMPANY
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Michael J. Neimand
|
|
| Name |
AFO IMAGING, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Eduardo Rodriguez, Daniel P. Osterndorf, Brad Bader
|
|
| Name |
Ruben Torres
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ADVANCED DIAGNOSTIC GROUP, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Tina L. Caraballo
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Orange Cty Circuit Ct Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-07-26
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2021-07-26
|
| Type |
Record
|
| Subtype |
Returned Records
|
| Description |
Returned Records ~ NO RECORD E-FILED
|
|
| Docket Date |
2021-07-02
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken ~ AA MOT TO TAX ATTY FEES DENIED; CONCURRENT MOT TAX ATTY COSTS STRICKEN
|
|
| Docket Date |
2021-07-02
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed - Authored Opinion ~ AND REMANDED WITH INSTRUCTIONS
|
|
| Docket Date |
2021-06-15
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
AFO Imaging
|
|
| Docket Date |
2021-06-01
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ AE'S AMENDED ZOOM RESPONSE
|
| On Behalf Of |
AFO Imaging
|
|
| Docket Date |
2021-05-28
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ AE'S ZOOM RESPONSE
|
| On Behalf Of |
AFO Imaging
|
|
| Docket Date |
2021-05-21
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ AA'S ZOOM RESPONSE
|
| On Behalf Of |
United Automobile Insurance Company
|
|
| Docket Date |
2021-05-20
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Cost To Be Taxed ~ FOR MERIT PANEL CONSIDERATION; MOT TO TAX FEES DENIED; CONCURRENT MOT TO TAX ATTY COSTS STRICKEN PER 7/2 ORDER
|
| On Behalf Of |
AFO Imaging
|
|
| Docket Date |
2021-05-12
|
| Type |
Order
|
| Subtype |
Zoom Instructions-OA
|
| Description |
ZOOM INSTRUCTIONS-ORAL ARGUMENTS
|
|
| Docket Date |
2021-05-12
|
| Type |
Notice
|
| Subtype |
Notice of Oral Argument
|
| Description |
NOTICE OF ORAL ARGUMENT
|
|
| Docket Date |
2021-04-07
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
United Automobile Insurance Company
|
|
| Docket Date |
2021-03-29
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
AFO Imaging
|
|
| Docket Date |
2021-02-25
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Grant EOT for Answer Brief ~ AB BY 3/29
|
|
| Docket Date |
2021-02-25
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extensio of time to file Answer Brief
|
| On Behalf Of |
AFO Imaging
|
|
| Docket Date |
2021-01-27
|
| 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 |
2021-01-27
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
United Automobile Insurance Company
|
|
| Docket Date |
2021-01-04
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 406 PAGES
|
| On Behalf Of |
Orange Cty Circuit Ct Clerk
|
|
| Docket Date |
2020-11-24
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee - Civil appeal (300)
|
|
| Docket Date |
2020-11-24
|
| 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 |
2020-11-23
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgement Letter 1
|
|
| Docket Date |
2020-11-23
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2020-11-23
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ 9.160 APPEAL; FILED BELOW 11/18/20
|
| On Behalf Of |
United Automobile Insurance Company
|
|
|
