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PALM GARDEN OF WINTER HAVEN, LLC, PALM HEALTHCARE MANAGEMENT, LLC, AND SAMANTHA LAURA CLEARWATER (AS TO PALM GARDEN OF WINTER HAVEN), Appellants v. THE ESTATE OF MARVIN LEONARD ATKINSON, BY AND THROUGH MICHAEL LYNN ATKINSON, PERSONAL REPRESENTATIVE, Appellees.
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6D2024-2774
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2024-12-31
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Open
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
6th District Court of Appeal
|
| Originating Court |
Circuit Court for the Tenth Judicial Circuit, Polk County
2023-CA-005188
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Parties
| Name |
PALM GARDEN OF WINTER HAVEN, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Brian Bursa, Kirsten Ullman
|
|
| Name |
PALM HEALTHCARE MANAGEMENT, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Kirsten Ullman, Brian Bursa
|
|
| Name |
SAMANTHA LAURA CLEARWATER
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Kirsten Ullman, Brian Bursa
|
|
| Name |
MARVIN LEONARD ATKINSON, THE ESTATE OF
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Kyle Douglass Ross
|
|
| Name |
MICHAEL LYNN ATKINSON
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Kyle Douglass Ross
|
|
| Name |
Hon. Reinaldo Juan Ojeda
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Polk Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2025-01-05
|
| Type |
Event
|
| Subtype |
Fee Satisfied
|
| Description |
Fee Satisfied
|
| On Behalf Of |
PALM GARDEN OF WINTER HAVEN, LLC
|
|
| Docket Date |
2025-01-05
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Pay Case Filing Fee-300
|
| On Behalf Of |
PALM GARDEN OF WINTER HAVEN, LLC
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| View |
View File
|
|
| Docket Date |
2025-01-03
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| Type |
Order
|
| Subtype |
Order on Motion to Relinquish Jurisdiction
|
| Description |
The Court will take no action on Appellant's motion to relinquish jurisdiction, docketed January 2, 2025, until the required filing fee is satisfied per this Court's order docketed December 31, 2024.
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| View |
View File
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|
| Docket Date |
2025-01-03
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| Type |
Motions Other
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| Subtype |
Motion To Relinquish Jurisdiction
|
| Description |
APPELLANTS' MOTION TO RELINQUISH JURISDICTION
|
| On Behalf Of |
PALM GARDEN OF WINTER HAVEN, LLC
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| View |
View File
|
|
| Docket Date |
2025-01-03
|
| Type |
Record
|
| Subtype |
Appendix to Motion
|
| Description |
APPENDIX TO APPELLANTS' MOTION TO RELINQUISH JURISDICTION
|
| On Behalf Of |
PALM GARDEN OF WINTER HAVEN, LLC
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| View |
View File
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|
| Docket Date |
2024-12-31
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| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
This appeal has been filed without the filing fee required under section 35.22(2)(a), Florida Statutes. Within twenty days of this order, Appellant shall forward the required $300.00 filing fee or, if applicable, an order or certificate from the lower tribunal finding Appellant indigent. Failure to comply with this order will result in the dismissal of this case.
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| View |
View File
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| Docket Date |
2024-12-31
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| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-12-31
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| Type |
Notice
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| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal
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| On Behalf Of |
PALM GARDEN OF WINTER HAVEN, LLC
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| View |
View File
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PALM GARDEN OF SUN CITY CENTER, LLC, Et al., Appellant(s) v. The Estate of Julia D. Pavis through Linda P. Booth Appellee(s).
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2D2024-1445
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2024-06-24
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Open
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Thirteenth Judicial Circuit, Hillsborough County
20-CA-004912
|
Parties
| Name |
PALM GARDEN HEALTHCARE HOLDINGS, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Brian Bursa, Nikola Igor Filipi, Scot Eliot Samis, Christopher Ryan Jones, Brandon Robert Christian
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|
| Name |
PALM HEALTHCARE MANAGEMENT, LLC
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| Role |
Appellant
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| Status |
Active
|
| Representations |
Brian Bursa, Nikola Igor Filipi
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|
| Name |
PALM GARDEN OF SUN CITY CENTER, L L C
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| Role |
Appellant
|
| Status |
Active
|
| Representations |
Brian Bursa, Nikola Igor Filipi
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|
| Name |
Linda P. Booth
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| Role |
Appellee
|
| Status |
Active
|
| Representations |
Dara Ann Cooley
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|
| Name |
Julia D. Pavis
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| Role |
Appellee
|
| Status |
Active
|
| Representations |
Dara Ann Cooley
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|
| Name |
Hon. Melissa Mary Polo
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Hillsborough Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
PALM GARDEN OF SUN CITY CENTER, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Brian Bursa, Nikola Igor Filipi, Scot Eliot Samis, Christopher Ryan Jones, Brandon Robert Christian
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|
| Name |
SPRINGDALE HEALTH CENTERS LLC
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| Role |
Appellant
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| Status |
Active
|
| Representations |
Brian Bursa, Nikola Igor Filipi
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|
| Name |
George Hanley
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| Role |
Appellant
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| Status |
Active
|
| Representations |
Brian Bursa, Nikola Igor Filipi
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|
Docket Entries
| Docket Date |
2024-11-18
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
AMENDED UNOPPOSED MOTION TO BIFURCATE APPEALS, STAY THE APPEAL PENDING A DETERMINATION OF JURISDICTION, AND EXTEND TIME FOR BRIEFING
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| On Behalf Of |
PALM GARDEN OF SUN CITY CENTER, LLC
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|
| Docket Date |
2024-11-15
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| Type |
Motions Other
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| Subtype |
Motion To Stay
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| Description |
Motion To Stay
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| On Behalf Of |
PALM GARDEN OF SUN CITY CENTER, LLC
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| Docket Date |
2024-10-17
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| Type |
Order
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| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
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| Description |
Appellant's motion for extension of time is granted, and the initial brief shall be served by November 20, 2024.
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| View |
View File
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| Docket Date |
2024-10-16
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to Serve Initial Brief
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| Description |
Motion for Extension of Time to Serve Initial Brief
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| On Behalf Of |
PALM GARDEN OF SUN CITY CENTER, LLC
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|
| Docket Date |
2024-09-13
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| Type |
Order
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| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
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| Description |
Appellant's motion for extension of time is granted, and the initial brief shall be served by October 21, 2024.
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| View |
View File
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| Docket Date |
2024-08-28
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to Serve Initial Brief
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| Description |
Motion for Extension of Time to Serve Initial Brief
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| On Behalf Of |
PALM GARDEN OF SUN CITY CENTER, LLC
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|
| Docket Date |
2024-08-27
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to Serve Initial Brief
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| Description |
Motion for Extension of Time to Serve Initial Brief
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| On Behalf Of |
PALM GARDEN OF SUN CITY CENTER, LLC
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|
| Docket Date |
2024-08-15
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| Type |
Order
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| Subtype |
Order on Motion to Relinquish Jurisdiction
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| Description |
Appellants' "Motion to Relinquish Jurisdiction" is denied. Appellants shall serve the initial brief within 20 days of the date of this order.
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| View |
View File
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|
| Docket Date |
2024-06-27
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| Type |
Record
|
| Subtype |
Appendix to Motion
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| Description |
Appendix to Motion
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| On Behalf Of |
PALM GARDEN OF SUN CITY CENTER, LLC
|
|
| Docket Date |
2024-06-27
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| Type |
Motions Other
|
| Subtype |
Motion To Relinquish Jurisdiction
|
| Description |
Motion To Relinquish Jurisdiction
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| On Behalf Of |
PALM GARDEN OF SUN CITY CENTER, LLC
|
|
| Docket Date |
2024-06-27
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| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Pay Case Filing Fee-300
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| View |
View File
|
|
| Docket Date |
2024-06-25
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| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
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| On Behalf Of |
PALM GARDEN OF SUN CITY CENTER, LLC
|
|
| Docket Date |
2024-06-24
|
| Type |
Order
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| Subtype |
Nonfinal Appeals
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| Description |
This proceeding is a nonfinal appeal, or an appeal of a specified final order, governed by Florida Rule of Appellate Procedure 9.130. The initial brief and appendix shall be served within twenty days of the date of this order. Appellee(s) shall serve the answer brief(s) within thirty days of service of the initial brief.
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| View |
View File
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| Docket Date |
2024-06-24
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter
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| View |
View File
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|
| Docket Date |
2024-06-24
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| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
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| On Behalf Of |
PALM GARDEN OF SUN CITY CENTER, LLC
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|
| Docket Date |
2024-11-19
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| Type |
Order
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| Subtype |
Order to File Response
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| Description |
Appellee shall respond to Appellants' "motion to bifurcate appeals, stay the appeal pending a determination of jurisdiction, and extend time for briefing" within 15 days of the date of this order.
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| View |
View File
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PALM GARDEN OF AVENTURA, LLC, et al., VS CARLOS JOSE RUIZ, etc.,
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3D2023-0160
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2023-01-27
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Closed
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|
| Classification |
NOA Final - Circuit Civil - Other
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| Court |
3rd District Court of Appeal
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| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
20-7434
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Parties
| Name |
PALM HEALTHCARE MANAGEMENT, LLC
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| Role |
Appellant
|
| Status |
Active
|
|
| Name |
PALM GARDEN OF AVENTURA, LLC
|
| Role |
Appellant
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| Status |
Active
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| Representations |
MATTHEW J. CONIGLIARO
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|
| Name |
CARLOS JOSE RUIZ
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| Role |
Appellee
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| Status |
Active
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| Representations |
MARK B. HART, LAURI WALDMAN ROSS, CARLOS JIMENEZ
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|
| Name |
Hon. William Thomas
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-06-14
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2023-06-14
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| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-06-14
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| Type |
Mandate
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| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
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|
| Docket Date |
2023-06-14
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| Type |
Disposition by Order
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| Subtype |
Dismissed
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| Description |
Stipulation of Dismissal (DA11J) ~ IT IS HEREBY ORDERED that the parties’ Stipulation for Dismissal is recognized by the Court, and this appeal from the Circuit Court for Miami-Dade County, Florida, is hereby dismissed.
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|
| Docket Date |
2023-06-12
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| Type |
Motion
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| Subtype |
Stipulation
|
| Description |
Stipulation ~ STIPULATION FOR DISMISSAL
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| On Behalf Of |
Palm Garden of Aventura, LLC
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|
| Docket Date |
2023-05-11
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| Type |
Motions Other
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| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion Granted (OG999) ~ Appellants' Agreed Motion to extend the abatement period is granted, and the appellate proceedings are held in abeyance for an additional thirty (30) days from the date of this Order.
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|
| Docket Date |
2023-05-10
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| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ AGREED MOTION FOR ADDITIONAL ABEYANCE PERIOD
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| On Behalf Of |
Palm Garden of Aventura, LLC
|
|
| Docket Date |
2023-04-11
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion Granted (OG999) ~ Appellants' request to hold the appeal in abeyance is granted, and the appellate proceedings are held in abeyance for a period of thirty (30) days from the date of this Order for the purpose stated in the request.
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| Docket Date |
2023-04-06
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| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ AGREED NOTICE OF PENDING SETTLEMENT
|
| On Behalf Of |
Palm Garden of Aventura, LLC
|
|
| Docket Date |
2023-03-17
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| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2023-02-02
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
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| On Behalf Of |
Palm Garden of Aventura, LLC
|
|
| Docket Date |
2023-01-27
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| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
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|
| Docket Date |
2023-01-27
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. **The $300 filing fee for an appeal is due.
|
|
| Docket Date |
2023-01-27
|
| Type |
Notice
|
| Subtype |
Notice of Appeal Transmittal Form
|
| Description |
Notice of Transmittal--NOA
|
| On Behalf Of |
CARLOS JOSE RUIZ
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|
| Docket Date |
2023-01-27
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| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee-civil w/atty (OR14B) ~ 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 February 6, 2023.
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CYPRESS HEALTH GROUP, L L C, ET AL. VS THE ESTATE OF HELEN J. CLARKE, BY AND THROUGH JAMES F. CLARKE, EXECUTOR DE SON TORT
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2D2022-0483
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2022-02-15
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Closed
|
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| Classification |
Original Proceedings - Circuit Civil - Certiorari
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| Court |
2nd District Court of Appeal
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| Originating Court |
Circuit Court for the Thirteenth Judicial Circuit, Hillsborough County
15-CA7384
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Parties
| Name |
PALM GARDEN HEALTHCARE HOLDINGS, LLC
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| Role |
Petitioner
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| Status |
Active
|
|
| Name |
SUSAN BERNARDO
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
SUMMIT CARE CONSULTING, INC.
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| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
HC NAVIGATOR, LLC
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| Role |
Petitioner
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| Status |
Active
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|
| Name |
CYPRESS HEALTH GROUP, L L C
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| Role |
Petitioner
|
| Status |
Active
|
| Representations |
RANDALL J. THORN, ESQ., KIRSTEN K. ULLMAN, ESQ., BRIAN M. BURSA, ESQ.
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|
| Name |
LINDSAY ANN EISEL
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| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
CYPRESS MASTER HOLDINGS, L L C
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
PALM HEALTHCARE MANAGEMENT, LLC
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
PALM GARDEN OF SUN CITY CENTER, LLC
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
THE ESTATE OF HELEN J. CLARKE
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| Role |
Respondent
|
| Status |
Active
|
| Representations |
LISA TANAKA, ESQ., CARLY A. KOZIOL, ESQ.
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|
| Name |
JAMES F. CLARKE
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
HON. MELISSA M. POLO
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
HILLSBOROUGH CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-05-25
|
| Type |
Record
|
| Subtype |
Amended Appendix
|
| Description |
AMENDED APPENDIX OR ATTACHMENT ~ NOT TEXT SEARCHABLE OR BOOKMARKED
|
| On Behalf Of |
CYPRESS HEALTH GROUP, L L C
|
|
| Docket Date |
2022-05-26
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ The appendix to the petition is not text searchable and is not properly bookmarked as required by Florida Rule of Appellate Procedure 9.220(c). Petitioner shall file a corrected appendix within ten days from the date of this order.
|
|
| Docket Date |
2022-09-15
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed
|
|
| Docket Date |
2022-09-15
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2022-09-15
|
| Type |
Order
|
| Subtype |
Order on Motion/Notice Voluntary Dismissal (non-dispositive)
|
| Description |
voluntary dismissal of writ ~ Petitioners' notice of voluntary dismissal is accepted and this petition for writ ofcertiorari is dismissed.
|
|
| Docket Date |
2022-09-13
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
CYPRESS HEALTH GROUP, L L C
|
|
| Docket Date |
2022-09-13
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER ~ In accordance with this court's order of August 3, 2022, Respondent shall providea status report to this court regarding the progress of the proceeding below within 15days of the date of this order.
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|
| Docket Date |
2022-08-03
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Grant Stay-55 ~ Respondent’s unopposed motion to stay is granted, and this proceeding will bestayed for 30 days. The parties shall file a status report, referencing the present order,within 30 days of the date of the present order, which may take the form of a notice ofvoluntary dismissal.
|
|
| Docket Date |
2022-07-11
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay
|
| On Behalf Of |
THE ESTATE OF HELEN J. CLARKE
|
|
| Docket Date |
2022-06-20
|
| Type |
Order
|
| Subtype |
Order to Respond to Petition
|
| Description |
certiorari response - pretrial ~ Respondent shall serve a response to the petition for writ of certiorari within 30days. Petitioners may serve a reply within 30 days thereafter.The parties shall keep this court apprised of all hearings or trial dates that mayaffect this proceeding.
|
|
| Docket Date |
2022-05-26
|
| Type |
Record
|
| Subtype |
Amended Appendix
|
| Description |
AMENDED APPENDIX OR ATTACHMENT
|
| On Behalf Of |
CYPRESS HEALTH GROUP, L L C
|
|
| Docket Date |
2022-05-25
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed ~ AMENDED PETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
CYPRESS HEALTH GROUP, L L C
|
|
| Docket Date |
2022-05-10
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion-79 ~ Respondent's motion to strike the petition and appendix is granted and the petition and appendix filed on February 15, 2022, are stricken
|
|
| Docket Date |
2022-04-21
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ PETITIONERS' RESPONSE TO RESPONDENT'S MOTION TO DISMISS AND/OR MOTION FOR CLARIFICATION, OR IN THE ALTERNATIVE, MOTION TO STRIKE PETITION AND APPENDIX
|
| On Behalf Of |
CYPRESS HEALTH GROUP, L L C
|
|
| Docket Date |
2022-04-06
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER ~ Petitioners shall respond to respondent's "motion to dismiss petition and/ormotion for clarification, or in the alternative, motion to strike petition and appendix"within 15 days of this order.
|
|
| Docket Date |
2022-03-22
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss ~ RESPONDENT'S MOTION TO DISMISS PETITION AND/ORMOTION FOR CLARIFICATION, OR IN THE ALTERNATIVE,MOTION TO STRIKE PETITION AND APPENDIX
|
| On Behalf Of |
THE ESTATE OF HELEN J. CLARKE
|
|
| Docket Date |
2022-02-22
|
| Type |
Order
|
| Subtype |
Order to Respond to Petition
|
| Description |
certiorari response - pretrial ~ Respondent shall serve a response to the petition for writ of certiorari within 30days. Petitioner may serve a reply within 30 days thereafter.The parties shall keep this court apprised of all hearings or trial dates that mayaffect this proceeding.
|
|
| Docket Date |
2022-02-16
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2022-02-16
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion-79 ~ Petitioner's motion to review the denial of stay is granted to the extent that thecourt has reviewed the motion and attachments and approves the trial court's ruling.
|
|
| Docket Date |
2022-02-16
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF SERVICE TO THE TRIAL COURT JUDGE
|
| On Behalf Of |
CYPRESS HEALTH GROUP, L L C
|
|
| Docket Date |
2022-02-15
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-02-15
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ treated as a duplicate of the cert.
|
| On Behalf Of |
CYPRESS HEALTH GROUP, L L C
|
|
| Docket Date |
2022-02-15
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Emergency Motion To Stay ~ CORPORATE REPRESENTATIVE DEPOSITIONS PENDING APPEAL
|
| On Behalf Of |
CYPRESS HEALTH GROUP, L L C
|
|
| Docket Date |
2022-02-15
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
ORIGINAL APPENDIX OR ATTACHMENT
|
| On Behalf Of |
CYPRESS HEALTH GROUP, L L C
|
|
| Docket Date |
2022-02-15
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed
|
| On Behalf Of |
CYPRESS HEALTH GROUP, L L C
|
|
|
|
THE ESTATE OF ALBERT JOSEPH ALBERICO, SR., BY AND THROUGH ITS CO-PERSONAL REPRESENTATIVES, VINCENT T. ALBERICO AND ALBERT J. ALBERICO VS MOUNA BACHA, M.D., PALM GARDEN OF PINELLAS, LLC AND PALM HEALTHCARE MANAGEMENT, LLC
|
2D2021-2786
|
2021-09-08
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Sixth Judicial Circuit, Pinellas County
2019CA002555XXCICI
|
Parties
| Name |
THE ESTATE OF ALBERT JOSEPH ALBERICO, SR.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
ALBERT J. ALBERICO
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
VINCENT T. ALBERICO
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
D. KEITH THOMAS, ESQ.
|
|
| Name |
MOUNA BACHA, M.D.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
PIPER HURLEY, ESQ., RANDALL J. THORN, ESQ., SHANNON M. ELLISON, ESQ., BRIAN M. BURSA, ESQ., Jerome R. Silverberg, Esq.
|
|
| Name |
PALM HEALTHCARE MANAGEMENT, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PALM GARDEN OF PINELLAS, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HON. CYNTHIA J. NEWTON
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
PINELLAS CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-04-06
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2022-04-06
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2022-03-16
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2022-03-08
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ Remote
|
|
| Docket Date |
2022-01-21
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ APPELLANT'S SECOND NOTICE OF COMPLIANCE WITHCOURT'S ORDER DATED JANUARY 13, 2022
|
| On Behalf Of |
VINCENT T. ALBERICO
|
|
| Docket Date |
2022-01-20
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ APPELLEE'S NOTICE OF COMPLIANCE TO THE COURT'S ORDER DATED JANUARY 13, 2022
|
| On Behalf Of |
MOUNA BACHA, M.D.
|
|
| Docket Date |
2022-01-13
|
| Type |
Order
|
| Subtype |
Order Re: Video Oral Argument
|
| Description |
OA Notice Video ~ This case is provisionally set for oral argument on TUESDAY, MARCH 08, 2022, at 9:30 A.M., before: Judge Morris Silberman, Judge Andrea T. Smith, Judge Suzanne Labrit. The oral argument will be conducted by video conference. The court calendars can be viewed on this court’s website at www.2dca.org. Counsel or parties are requested to sign in by fifteen minutes prior to the time listed above.The panel is subject to change without notice. Should the assigned panel of judges decide that the court will not benefit from oral argument, the attorneys or parties will be notified by order no less than two weeks before the scheduled date. If this is a criminal proceeding where a victim, as defined in article I, section 16(e), Florida Constitution, has invoked their right to notice under article I, section 16(b)(6), the State is directed to provide the victim with notice of this oral argument and of any changes to the scheduled date.Please review the notice regarding oral argument in the Second District Court of Appeal. A copy has been furnished with this order and may also be found on this court’s website.Within ten days from the date of this order, any attorney or party who will be presenting argument is requested to provide the Clerk of the Court with the email address where the video invitation should be sent and a telephone number. This information may be sent by email to 2dcaClerk@flcourts.org. The Clerk of the Court will provide each participant with connection instructions, including the opportunity for a test session, before the argument.
|
|
| Docket Date |
2021-12-20
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument ~ APPELLANTS' REQUEST FOR ORAL ARGUMENT VIA ZOOM VIDEO CONFERENCING
|
| On Behalf Of |
MOUNA BACHA, M.D.
|
|
| Docket Date |
2021-12-20
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Amended OA Request Permitted ~ A request for oral argument has been filed in this case. Within five days from the date of this order, any party may file a request that the argument be conducted by video. The manner of oral argument will be decided in the court's discretion. A video request must state the reason in support, and it must indicate that the requesting party has consulted opposing counsel and is authorized to represent that opposing counsel either has no objection or will file an objection. A party objecting to a request to conduct oral argument by video must file a response within five days after service of the request.
|
|
| Docket Date |
2021-12-17
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
MOUNA BACHA, M.D.
|
|
| Docket Date |
2021-12-07
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant Reply Brief
|
| On Behalf Of |
VINCENT T. ALBERICO
|
|
| Docket Date |
2021-11-10
|
| Type |
Brief
|
| Subtype |
Appendix
|
| Description |
Appendix for Answer Brief
|
| On Behalf Of |
MOUNA BACHA, M.D.
|
|
| Docket Date |
2021-10-25
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ APPELLEES' AMENDED MOTION FOR EXTENSION OF TIME TO FILE ANSWER BRIEF
|
| On Behalf Of |
MOUNA BACHA, M.D.
|
|
| Docket Date |
2021-10-25
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ Appellees’ motion for extension of time is granted, and the answer brief shallbe served by November 10, 2021.
|
|
| Docket Date |
2021-10-22
|
| Type |
Order
|
| Subtype |
Order Striking Stipulation for Extension
|
| Description |
strike stipulation for extension of time ~ The stipulation for extension of time submitted by Randall Thorn on October 21, 2021, is stricken. This court's Administrative Order 2013-1 does not apply to nonfinal appeals.
|
|
| Docket Date |
2021-10-22
|
| 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 |
MOUNA BACHA, M.D.
|
|
| Docket Date |
2021-10-21
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
MOUNA BACHA, M.D.
|
|
| Docket Date |
2021-09-27
|
| Type |
Order
|
| Subtype |
Order on Motion For Leave To File Amended Brief
|
| Description |
Grant Motion File Amended Brief-12c ~ Appellants' motion to file amended initial brief is granted. The initial brief is stricken. The amended initial brief is accepted as filed.
|
|
| Docket Date |
2021-09-24
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Appellant Initial Brief
|
| On Behalf Of |
VINCENT T. ALBERICO
|
|
| Docket Date |
2021-09-24
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to Amend Brief
|
| Description |
Motion For Leave To File Amended Brief
|
| On Behalf Of |
VINCENT T. ALBERICO
|
|
| Docket Date |
2021-09-23
|
| Type |
Record
|
| Subtype |
Appendix to Initial Brief
|
| Description |
Appendix for Initial Brief ~ CORRECTED
|
| On Behalf Of |
VINCENT T. ALBERICO
|
|
| Docket Date |
2021-09-23
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
VINCENT T. ALBERICO
|
|
| Docket Date |
2021-09-21
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid through Portal
|
| On Behalf Of |
VINCENT T. ALBERICO
|
|
| Docket Date |
2021-09-10
|
| Type |
Misc. Events
|
| Subtype |
Certificate
|
| Description |
Certificate ~ OF THE CLERK
|
| On Behalf Of |
PINELLAS CLERK
|
|
| Docket Date |
2021-09-09
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2021-09-09
|
| Type |
Order
|
| Subtype |
Nonfinal Appeals
|
| Description |
nonfinal appeal order for initial brief
|
|
| Docket Date |
2021-09-08
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ WITH ORDER
|
| On Behalf Of |
VINCENT T. ALBERICO
|
|
| Docket Date |
2021-09-08
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
|
PALM GARDEN OF AVENTURA, LLC, etc., et al., VS SCHKETHA ELLISON, etc.,
|
3D2021-1449
|
2021-07-13
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
20-23421
|
Parties
| Name |
PALM GARDEN HEALTHCARE HOLDINGS, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
PALM HEALTHCARE MANAGEMENT, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
PALM GARDEN OF AVENTURA, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
JEROME R. SILVERBERG, KIRSTEN K. ULLMAN, RANDALL J. THORN
|
|
| Name |
SCHKETHA ELLISON
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
LEVI G. WILLIAMS JR., OLIVER G. GILBERT, III, ERIC J. HORBEY, CHAD C. MARCUS
|
|
| Name |
Hon. Peter R. Lopez
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-05-06
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2022-04-19
|
| Type |
Order
|
| Subtype |
Order on Motion for Reconsideration/Rehearing of an Order
|
| Description |
Rehearing denied (OD57) ~ Upon consideration, Appellants’ Motion for Rehearing is hereby denied. LOGUE, MILLER and LOBREE, JJ., concur.
|
|
| Docket Date |
2022-04-19
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2022-04-01
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLEE'S OPPOSITION TO MOTION FOR REHEARING
|
| On Behalf Of |
SCHKETHA ELLISON
|
|
| Docket Date |
2022-03-17
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing
|
| On Behalf Of |
Palm Garden of Aventura, LLC
|
|
| Docket Date |
2022-03-02
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Citation
|
|
| Docket Date |
2022-02-14
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Order Denying ORAL ARGUMENT ~ Upon consideration, the appellants’ Requests for Oral Argument are hereby denied.
|
|
| Docket Date |
2021-12-17
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument ~ APPELLANTS' RENEWED REQUEST FOR ORAL ARGUMENT
|
| On Behalf Of |
Palm Garden of Aventura, LLC
|
|
| Docket Date |
2021-12-08
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Palm Garden of Aventura, LLC
|
|
| Docket Date |
2021-11-08
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Extension granted to file reply brief NFE (OG05A) ~ Appellants’ Unopposed Motion for Extension of Time to File the Reply Brief is granted to and including thirty (30) days from the date of this Order, with no further extensions allowed.
|
|
| Docket Date |
2021-11-05
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief ~ APPELLANTS' UNOPPOSED MOTION FOR EXTENSION OF TIME TOFILE REPLY BRIEF
|
| On Behalf Of |
Palm Garden of Aventura, LLC
|
|
| Docket Date |
2021-10-11
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
SCHKETHA ELLISON
|
|
| Docket Date |
2021-09-10
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
SCHKETHA ELLISON
|
|
| Docket Date |
2021-09-10
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ AB-30 days to 10/10/2021
|
|
| Docket Date |
2021-08-19
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ Notice of Filing full depositiontranscript of Brenda Ellison taken on April 1, 2021
|
| On Behalf Of |
Palm Garden of Aventura, LLC
|
|
| Docket Date |
2021-08-18
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ Hearing transcriptsof May 21, 2021 and June 2, 2021
|
| On Behalf Of |
Palm Garden of Aventura, LLC
|
|
| Docket Date |
2021-08-18
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Motion For Oral Argument ~ APPELLANTS' REQUEST FOR ORAL ARGUMENT
|
| On Behalf Of |
Palm Garden of Aventura, LLC
|
|
| Docket Date |
2021-08-17
|
| Type |
Order
|
| Subtype |
Order to Transmit Record/Supplemental Record on Appeal
|
| Description |
Non-Conforming Transcript Stricken ~ Upon review of the record/affidavits filed in this case, the Courthas determined that condensed transcripts fail to comply with therequirements of Florida Rules of Appellate Procedure 9.200(b)(4) and9.220(c)(4). Any such condensed transcripts filed after January 1, 2019,are hereby stricken. The responsible party (the party who seeks to havethe transcripts considered by this Court) shall file transcripts that complywith the Florida Rules of Appellate Procedure within thirty (30) days fromthe date of this Order.
|
|
| Docket Date |
2021-08-11
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ APPENDIX TO APPELLANT'S INITIAL BRIEF
|
| On Behalf Of |
Palm Garden of Aventura, LLC
|
|
| Docket Date |
2021-08-11
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Palm Garden of Aventura, LLC
|
|
| Docket Date |
2021-07-26
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Clerk's notice granting eot (CLKEX) ~ IB-15 days to 8/11/2021
|
|
| Docket Date |
2021-07-23
|
| 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 |
Palm Garden of Aventura, LLC
|
|
| Docket Date |
2021-07-15
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Palm Garden of Aventura, LLC
|
|
| Docket Date |
2021-07-14
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee-civil w/atty (OR14B) ~ This is to notify counsel for Appellants 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 July 24, 2021.
|
|
| Docket Date |
2021-07-13
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Palm Garden of Aventura, LLC
|
|
| Docket Date |
2021-07-13
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2021-07-13
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. **The $300 filing fee for an appeal is due.
|
|
|
