|
GARY EWERS, et al., Appellant(s) v. SCOTT HERMAN and CRAIG COOPER, Appellee(s).
|
4D2024-1167
|
2024-05-08
|
Open
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE17-12896
|
Parties
| Name |
Gary Ewers
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Virgil William Wright, III, David Alan Fifner
|
|
| Name |
Gerri McGighan-Lukens
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
OXYLIFE RESPIRATORY SERVICES, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Scott Herman
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Alec William Smith, Ryan Matthew Clancy, Daniel Michael Samson
|
|
| Name |
Craig Cooper
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Jack Ben Tuter, Jr.
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Broward Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-11-20
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief
|
| On Behalf Of |
Craig Cooper
|
| View |
View File
|
|
| Docket Date |
2024-10-24
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Motion for Extension of Time to Serve Initial Brief
|
|
| Docket Date |
2024-10-04
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDERED that Appellant's October 4, 2024 motion for extension of time is granted, and Appellant shall serve the initial brief on or before October 25, 2024. 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.
|
| View |
View File
|
|
| Docket Date |
2024-10-04
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Agreed Motion for Extension of Time to File Appellant's Initial Brief
|
|
| Docket Date |
2024-10-02
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Appellant's Response to this Courts September 25, 2024 Order to Show Cause
|
| On Behalf Of |
Craig Cooper
|
|
| Docket Date |
2024-08-20
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal -- 126 pages
|
| On Behalf Of |
Broward Clerk
|
|
| Docket Date |
2024-08-13
|
| Type |
Order
|
| Subtype |
Order Discharging Show Cause Order
|
| Description |
ORDERED that, upon consideration of Appellants' August 2, 2024 response, this court's July 25, 2024 order to show cause is discharged.
|
| View |
View File
|
|
| Docket Date |
2024-08-05
|
| Type |
Notice
|
| Subtype |
Notice of Change of Address
|
| Description |
Notice of Change of Address
|
| On Behalf Of |
Craig Cooper
|
|
| Docket Date |
2024-08-05
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORDERED that the appellants' August 2, 2024 unopposed motion to consolidate is granted, and the above-styled case numbers are now consolidated for all purposes and are to proceed under the time schedule for a final appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D2024-0940. Appellants shall serve the initial brief within forty-five (45) days from the date the transcript is filed with this court.
|
| View |
View File
|
|
| Docket Date |
2024-08-02
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion to Consolidate and Establish a Briefing Schedule
|
|
| Docket Date |
2024-07-29
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause
|
|
| Docket Date |
2024-07-16
|
| Type |
Order
|
| Subtype |
Show Cause for Brief or Record on Appeal
|
| Description |
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 the record on appeal has not been filed with this court as of the date of this order. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the record on appeal is filed within this time, the order to show cause will be considered automatically discharged without further order.
|
| View |
View File
|
|
| Docket Date |
2024-05-17
|
| Type |
Order
|
| Subtype |
Order on Consolidation
|
| Description |
ORDERED sua sponte that case numbers 4D2024-1167 and 4D2024-1057 are consolidated for purposes of assignment to the same appellate panel only.
|
| View |
View File
|
|
| Docket Date |
2024-05-14
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Case Filing Fee Paid -300
|
| On Behalf Of |
Gary Ewers
|
| View |
View File
|
|
| Docket Date |
2024-05-08
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order on Filing Fee
|
| View |
View File
|
|
| Docket Date |
2024-05-08
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-05-08
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
|
| Docket Date |
2024-12-19
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDERED that Appellees' December 18, 2024 motion for extension of time is granted, and Appellees shall serve the answer brief on or before February 3, 2024. In addition, Appellees are notified that the failure to serve the brief within the time provided herein may foreclose Appellees' right to file a brief or otherwise participate in this appeal.
|
| View |
View File
|
|
| Docket Date |
2024-12-18
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Motion for Extension of Time to Serve Answer Brief
|
|
| Docket Date |
2024-11-04
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDERED that Appellants' October 23, 2024 motion for extension of time is granted, and Appellants shall serve the initial brief within fifteen (15) 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.
|
| View |
View File
|
|
| Docket Date |
2024-09-25
|
| Type |
Order
|
| Subtype |
Show Cause for Brief or Record on Appeal
|
| Description |
ORDERED that Appellants in the above-styled case are 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 Appellants' initial brief has not been filed with this court as of the date of this order. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief is filed within this time, the order to show cause will be considered automatically discharged without further order.
|
| View |
View File
|
|
|
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SCOTT HERMAN and CRAIG COOPER, etc., Appellant(s) v. GARY EWERS and GERRI MCGIGHAN-LUKENS, Appellee(s).
|
4D2024-1057
|
2024-04-26
|
Open
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE17012896
|
Parties
| Name |
Scott Herman
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Alec William Smith, Ryan Matthew Clancy, Daniel Michael Samson
|
|
| Name |
Craig Cooper
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
OXYLIFE RESPIRATORY SERVICES, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Gary Ewers
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
David Alan Fifner
|
|
| Name |
Gerri McGighan-Lukens
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Jack Ben Tuter, Jr.
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Broward Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-11-20
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief
|
| On Behalf Of |
Craig Cooper
|
| View |
View File
|
|
| Docket Date |
2024-10-24
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Motion for Extension of Time to Serve Initial Brief
|
|
| Docket Date |
2024-10-04
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDERED that Appellant's October 4, 2024 motion for extension of time is granted, and Appellant shall serve the initial brief on or before October 25, 2024. 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.
|
| View |
View File
|
|
| Docket Date |
2024-10-04
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Agreed Motion for Extension of Time to File Appellant's Initial Brief
|
|
| Docket Date |
2024-10-02
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Appellant's Response to this Courts September 25, 2024 Order to Show Cause
|
| On Behalf Of |
Craig Cooper
|
|
| Docket Date |
2024-09-25
|
| Type |
Order
|
| Subtype |
Show Cause for Brief or Record on Appeal
|
| Description |
ORDERED that Appellants in the above-styled case are 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 Appellants' initial brief has not been filed with this court as of the date of this order. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief is filed within this time, the order to show cause will be considered automatically discharged without further order.
|
| View |
View File
|
|
| Docket Date |
2024-08-20
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal -- 126 pages
|
| On Behalf Of |
Broward Clerk
|
|
| Docket Date |
2024-08-13
|
| Type |
Order
|
| Subtype |
Order Discharging Show Cause Order
|
| Description |
ORDERED that, upon consideration of Appellants' August 2, 2024 response, this court's July 25, 2024 order to show cause is discharged.
|
| View |
View File
|
|
| Docket Date |
2024-08-05
|
| Type |
Notice
|
| Subtype |
Notice of Change of Address
|
| Description |
Notice of Change of Address
|
| On Behalf Of |
Craig Cooper
|
|
| Docket Date |
2024-08-05
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORDERED that the appellants' August 2, 2024 unopposed motion to consolidate is granted, and the above-styled case numbers are now consolidated for all purposes and are to proceed under the time schedule for a final appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D2024-0940. Appellants shall serve the initial brief within forty-five (45) days from the date the transcript is filed with this court.
|
| View |
View File
|
|
| Docket Date |
2024-08-02
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause
|
|
| Docket Date |
2024-08-02
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion to Consolidate and Establish a Briefing Schedule
|
|
| Docket Date |
2024-07-25
|
| Type |
Order
|
| Subtype |
Show Cause for Brief or Record on Appeal
|
| Description |
ORDERED that Appellants in the above-styled case are 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 the record on appeal has not been filed with this court as of the date of this order. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the record on appeal is filed within this time, the order to show cause will be considered automatically discharged without further order.
|
| View |
View File
|
|
| Docket Date |
2024-07-10
|
| Type |
Notice
|
| Subtype |
Notice of Inability
|
| Description |
Notice of Inability to Complete the Record
|
| On Behalf Of |
Broward Clerk
|
|
| Docket Date |
2024-05-17
|
| Type |
Order
|
| Subtype |
Order on Consolidation
|
| Description |
ORDERED sua sponte that case numbers 4D2024-1167 and 4D2024-1057 are consolidated for purposes of assignment to the same appellate panel only.
|
| View |
View File
|
|
| Docket Date |
2024-04-26
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-04-26
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order on Filing Fee
|
| View |
View File
|
|
| Docket Date |
2024-04-26
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
|
| Docket Date |
2024-12-19
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDERED that Appellees' December 18, 2024 motion for extension of time is granted, and Appellees shall serve the answer brief on or before February 3, 2024. In addition, Appellees are notified that the failure to serve the brief within the time provided herein may foreclose Appellees' right to file a brief or otherwise participate in this appeal.
|
| View |
View File
|
|
| Docket Date |
2024-12-18
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Motion for Extension of Time to Serve Answer Brief
|
|
| Docket Date |
2024-11-04
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDERED that Appellants' October 23, 2024 motion for extension of time is granted, and Appellants shall serve the initial brief within fifteen (15) 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.
|
| View |
View File
|
|
| Docket Date |
2024-05-01
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Case Filing Fee Paid -300
|
| On Behalf Of |
Scott Herman
|
| View |
View File
|
|
|
|
SCOTT HERMAN, et al., Appellant(s) v. GARY EWERS, et al., Appellee(s).
|
4D2024-0940
|
2024-04-11
|
Open
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE17-012896
|
Parties
| Name |
Scott Herman
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Alec William Smith, Ryan Matthew Clancy
|
|
| Name |
OXYLIFE RESPIRATORY SERVICES, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Alec William Smith, Ryan Matthew Clancy
|
|
| Name |
Gary Ewers
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
David Alan Fifner
|
|
| Name |
Hon. Jack Ben Tuter, Jr.
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Broward Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Craig Cooper
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Alec William Smith, Ryan Matthew Clancy, Daniel Michael Samson
|
|
| Name |
Gerri McGighan-Lukens
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
David Alan Fifner
|
|
Docket Entries
| Docket Date |
2024-10-04
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Agreed Motion for Extension of Time to File Appellant's Initial Brief
|
|
| Docket Date |
2024-10-02
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Appellant's Response to this Courts September 25, 2024 Order to Show Cause
|
| On Behalf Of |
Craig Cooper
|
|
| Docket Date |
2024-11-04
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDERED that Appellants' October 23, 2024 motion for extension of time is granted, and Appellants shall serve the initial brief within fifteen (15) 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.
|
| View |
View File
|
|
| Docket Date |
2024-10-24
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Motion for Extension of Time to Serve Initial Brief
|
|
| Docket Date |
2024-11-20
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief
|
| On Behalf Of |
Craig Cooper
|
| View |
View File
|
|
| Docket Date |
2024-10-04
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDERED that Appellant's October 4, 2024 motion for extension of time is granted, and Appellant shall serve the initial brief on or before October 25, 2024. 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.
|
| View |
View File
|
|
| Docket Date |
2024-08-05
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORDERED that the appellants' August 2, 2024 unopposed motion to consolidate is granted, and the above-styled case numbers are now consolidated for all purposes and are to proceed under the time schedule for a final appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D2024-0940. Appellants shall serve the initial brief within forty-five (45) days from the date the transcript is filed with this court.
|
| View |
View File
|
|
| Docket Date |
2024-08-02
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate and to Establish A Briefing Schedule
|
|
| Docket Date |
2024-07-25
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Craig Cooper
|
|
| Docket Date |
2024-07-19
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
ORDERED that Appellant is directed to file a status report, within five (5) days from the date of this order, regarding the status of the record on appeal.
|
| View |
View File
|
|
| Docket Date |
2024-07-03
|
| Type |
Order
|
| Subtype |
Order Discharging Show Cause Order
|
| Description |
ORDERED that, upon consideration of Appellant's response filed July 2, 2024, this court's June 20, 2024 order to show cause is discharged.
|
| View |
View File
|
|
| Docket Date |
2024-07-02
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Appellant's Amended Response to this Courts June 20, 2024 Order to Show Cause to Include Certificate of Service
|
|
| Docket Date |
2024-07-02
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Filing
|
| View |
View File
|
|
| Docket Date |
2024-07-01
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Appellant's Response to this Courts June 20, 2024 Order to Show Cause
|
|
| Docket Date |
2024-06-28
|
| Type |
Record
|
| Subtype |
Transcript
|
| Description |
Transcript -- 1264 pages
|
| On Behalf Of |
Broward Clerk
|
|
| Docket Date |
2024-06-20
|
| Type |
Order
|
| Subtype |
Show Cause for Brief or Record on Appeal
|
| Description |
Show Cause for Brief or Record on Appeal
|
| View |
View File
|
|
| Docket Date |
2024-04-12
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Pay Case Filing Fee-300
|
| View |
View File
|
|
| Docket Date |
2024-04-12
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order on Filing Fee
|
| View |
View File
|
|
| Docket Date |
2024-04-12
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-04-12
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
|
| Docket Date |
2024-12-19
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDERED that Appellees' December 18, 2024 motion for extension of time is granted, and Appellees shall serve the answer brief on or before February 3, 2024. In addition, Appellees are notified that the failure to serve the brief within the time provided herein may foreclose Appellees' right to file a brief or otherwise participate in this appeal.
|
| View |
View File
|
|
| Docket Date |
2024-12-18
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Motion for Extension of Time to Serve Answer Brief
|
|
| Docket Date |
2024-09-25
|
| Type |
Order
|
| Subtype |
Show Cause for Brief or Record on Appeal
|
| Description |
ORDERED that Appellants in the above-styled case are 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 Appellants' initial brief has not been filed with this court as of the date of this order. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief is filed within this time, the order to show cause will be considered automatically discharged without further order.
|
| View |
View File
|
|
| Docket Date |
2024-08-20
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal -- 126 pages
|
| On Behalf Of |
Broward Clerk
|
|
| Docket Date |
2024-08-13
|
| Type |
Order
|
| Subtype |
Order Discharging Show Cause Order
|
| Description |
ORDERED that, upon consideration of Appellants' August 2, 2024 response, this court's July 25, 2024 order to show cause is discharged.
|
| View |
View File
|
|
| Docket Date |
2024-08-05
|
| Type |
Notice
|
| Subtype |
Notice of Change of Address
|
| Description |
Notice of Change of Address
|
| On Behalf Of |
Craig Cooper
|
|
|
|
SCOTT HERMAN and CRAIG COOPER VS GARY EWERS, et al.
|
4D2023-1896
|
2023-08-07
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE17-012896
|
Parties
| Name |
Craig Cooper
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Scott Herman
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Ryan Clancy
|
|
| Name |
OXYLIFE RESPIRATORY SERVICES, LLC
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Gerri McGighan-Lukens
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Gary Ewers
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Virgil W. Wright, III, David A. Fifner
|
|
| Name |
Hon. Jack B. Tuter
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-08-24
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2023-08-14
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
| On Behalf Of |
Scott Herman
|
|
| Docket Date |
2023-08-10
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that petitioner's appendix to the petition for writ of certiorari is stricken as not in compliance with Florida Rule of Appellate Procedure 9.220(c), which was amended effective October 1, 2017, in that it was not properly indexed and consecutively paginated, beginning with the cover sheet as page 1, was not paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index, and contains bookmarks which are not in compliance with Rule 9.220(c)(3). An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2023-08-10
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Writ of Certiorari / Acknowledgment letter
|
|
| Docket Date |
2023-08-07
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2023-08-07
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition ~ **STRICKEN***FILING FEE PAID ELECTRONICALLY
|
| On Behalf Of |
Scott Herman
|
|
| Docket Date |
2023-08-07
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed ~ *FILING FEE PAID ELECTRONICALLY
|
| On Behalf Of |
Scott Herman
|
|
| Docket Date |
2023-08-24
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order-Original Proceeding Dismissed ~ ORDERED that the petition for writ of certiorari is dismissed for failure to establish irreparable harm. See Williams v. Oken, 62 So. 3d 1129, 1132 (Fla. 2011); Bared & Co., Inc. v. McGuire, 670 So. 2d 153 (Fla. 4th DCA 1996). The nonfinal order is not appealable under Florida Rule of Appellate Procedure 9.130.DAMOORGIAN, KUNTZ and ARTAU, JJ., concur.
|
|
|
|
GARY EWERS, et al. VS SCOTT HERMAN and CRAIG COOPER
|
4D2023-1260
|
2023-05-23
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE17012896
|
Parties
| Name |
Gerri McGighan-Lukens
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Gary Ewers
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Virgil W. Wright, III, David A. Fifner
|
|
| Name |
OXYLIFE RESPIRATORY SERVICES, LLC
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Craig Cooper
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Scott Herman
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Ryan Clancy
|
|
| Name |
Hon. Jack B. Tuter
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-06-15
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2023-06-15
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ ORDERED that this court’s June 15, 2023 order to show cause is vacated. Further,Pursuant to the June 14, 2023 notice of voluntary dismissal, this case is dismissed.
|
|
| Docket Date |
2023-06-15
|
| Type |
Order
|
| Subtype |
Show Cause re Compliance with Prior Order
|
| Description |
Order to Show Cause-Appeal Dismissal ~ **VACATED**ORDERED that, no amended appendix having been filed as required by this Court's May 25, 2023 order, petitioner shall file a response within ten (10) days from the date of this order and show cause why this proceeding should not be dismissed.
|
|
| Docket Date |
2023-06-14
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
Gary Ewers
|
|
| Docket Date |
2023-05-25
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Writ of Certiorari / Acknowledgment letter
|
|
| Docket Date |
2023-05-25
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that petitioner's appendix to the petition for writ of certiorari is stricken as not in compliance with Florida Rule of Appellate Procedure 9.220(c), which was amended effective October 1, 2017, in that it was not filed separately from the pleading to which it applies, was not filed as one document, was not properly indexed and consecutively paginated, beginning with the cover sheet as page 1, was not text searchable, was not paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index, and contains no bookmarks as required by Rule 9.220(c)(3). An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2023-05-23
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
|
| Docket Date |
2023-05-23
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed ~ *FILING FEE PAID ELECTRONICALLY
|
| On Behalf Of |
Gary Ewers
|
|
|
|
GARY EWERS, et al VS SCOTT HERMAN and CRAIG COOPER
|
4D2018-2144
|
2018-07-17
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
2017CA012896
|
Parties
| Name |
OXYLIFE RESPIRATORY SERVICES, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Gerri McGighan-Lukens
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Gary Ewers
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
David A. Fifner, Virgil W. Wright, III
|
|
| Name |
Scott Herman
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Leonard K. Samuels, Jeffrey S. Wertman, Marianne Curtis
|
|
| Name |
Craig Cooper
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. John J. Murphy , III
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-08-24
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit ~ OF NON-PAYMENT OF APPEAL INVOICE
|
|
| Docket Date |
2018-08-14
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORD-Granting Aplee's Motion to Dismiss ~ ORDERED that appellees' July 19, 2018 motion to dismiss is granted, and this appeal is DISMISSED for lack of jurisdiction.GERBER, C.J., WARNER and KUNTZ, JJ., concur.
|
|
| Docket Date |
2018-08-14
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2018-07-19
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
Scott Herman
|
|
| Docket Date |
2018-07-18
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2018-07-17
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Gary Ewers
|
|
| Docket Date |
2018-07-17
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2018-07-18
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of this order. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed.
|
|
|
|
GARY EWERS, et al. VS SCOTT HERMAN and CRAIG COOPER
|
4D2017-2608
|
2017-08-16
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
2017CA012896CE
|
Parties
| Name |
Gary Ewers
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Virgil W. Wright, III, David A. Fifner
|
|
| Name |
OXYLIFE RESPIRATORY SERVICES, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Gerri McGighan-Lukens
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Scott Herman
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Derek R. Young, Daniel Michael Samson, Jessica Haayen
|
|
| Name |
Craig Cooper
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. John J. Murphy , III
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2017-08-17
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of this order. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2018-03-23
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2018-03-23
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2018-03-01
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-Moot ~ ORDERED that the appellees' December 21, 2017 motion to review grant of stay pending appeal is determined to be moot.
|
|
| Docket Date |
2018-03-01
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2017-12-28
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ "IN OPPOSITION TO APPELLEES' MOTION TO REVIEW GRANT OF STAY PENDING APPEAL"
|
| On Behalf Of |
Gary Ewers
|
|
| Docket Date |
2017-12-28
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
Gary Ewers
|
|
| Docket Date |
2017-12-21
|
| Type |
Motions Other
|
| Subtype |
Motion For Review
|
| Description |
Motion For Review ~ MOTION TO REVIEW GRANT OF STAY PENDING APPEAL
|
| On Behalf Of |
Scott Herman
|
|
| Docket Date |
2017-12-21
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO MOTION TO REVIEW GRANT OF STAY
|
| On Behalf Of |
Scott Herman
|
|
| Docket Date |
2017-12-18
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Gary Ewers
|
|
| Docket Date |
2017-12-05
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order Granting EOT for Appellant's Reply Brief ~ ORDERED that appellants’ December 1, 2017 motion for extension of time is granted, and appellants shall serve the reply brief on or before December 19, 2017. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
|
| Docket Date |
2017-12-01
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief
|
| On Behalf Of |
Gary Ewers
|
|
| Docket Date |
2017-11-13
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Scott Herman
|
|
| Docket Date |
2017-10-05
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellees’ October 3, 2017 motion for extension of time is granted, and appellees shall serve the answer brief on or before November 13, 2017. In addition, appellees are notified that the failure to serve the brief within the time provided herein may foreclose appellees’ right to file a brief or otherwise participate in this appeal.
|
|
| Docket Date |
2017-10-03
|
| 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 |
Scott Herman
|
|
| Docket Date |
2017-10-02
|
| Type |
Order
|
| Subtype |
Order on Motion To Strike
|
| Description |
Deny Motion to Strike ~ Upon consideration of appellants' September 27, 2017 response, it is ORDERED that appellees' September 26, 2017 "motion to strike appellants' amended initial brief" is denied; further ORDERED that appellants' September 27, 2017 motion for leave to file an amended brief is granted, and the amended initial brief filed September 25, 2017 is deemed properly filed as of the date of this order.
|
|
| Docket Date |
2017-09-27
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ IN OPPOSITION TO MOTION TO STRIKE AMENDED INITIAL BRIEF *AND* INCORPORATED MOTION FOR LEAVE TO FILE AMENDED INITIAL BRIEF
|
| On Behalf Of |
Gary Ewers
|
|
| Docket Date |
2017-09-26
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Gary Ewers
|
|
| Docket Date |
2017-09-26
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike
|
| On Behalf Of |
Scott Herman
|
|
| Docket Date |
2017-09-25
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Appellant's Initial Brief
|
| On Behalf Of |
Gary Ewers
|
|
| Docket Date |
2017-09-15
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken ~ ORDERED that the appellant's initial brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.210 in that the issues for review are not written out. An amended brief in compliance with the rules shall be filed within ten (10) days from the date of this order. The time for any responsive briefing shall be tolled until service of this amended brief.
|
|
| Docket Date |
2017-09-07
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Gary Ewers
|
|
| Docket Date |
2017-09-05
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Scott Herman
|
|
| Docket Date |
2017-08-31
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits ~ **STRICKEN**
|
| On Behalf Of |
Gary Ewers
|
|
| Docket Date |
2017-08-17
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2017-08-16
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Gary Ewers
|
|
| Docket Date |
2017-08-16
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
