CARRIE CAUSEY MCSHAN, Appellant v. ORLANDO OUTPATIENT SURGERY CENTER, LLC, PHYSICIAN PARTNERS OF AMERICA, LLC, PAUL S. WEBSTER, M.D., DOCTORS PAIN MANAGEMENT ASSOCIATES, LLC, MEDTRONIC, INC., and DEEPAK R. SARKAR, M.D., Appellees.
|
6D2024-0879
|
2024-04-30
|
Open
|
|
Classification |
NOA Final - Circuit Civil - Other
|
Court |
6th District Court of Appeal
|
Originating Court |
Circuit Court for the Ninth Judicial Circuit, Orange County
2022-CA-004740-O
|
Parties
Name |
CARRIER CAUSEY MCSHAN
|
Role |
Appellant
|
Status |
Active
|
|
Name |
ORLANDO OUTPATIENT SURGERY CENTER, LLC
|
Role |
Appellee
|
Status |
Active
|
Representations |
Jason Michael Azzarone, Erin Moss Diaz, Taylor Elizabeth Kinmon
|
|
Name |
PAUL S. WEBSTER, M.D.
|
Role |
Appellee
|
Status |
Active
|
Representations |
Kelsey Ann Weiss, Mary Jaye Hall
|
|
Name |
DOCTORS PAIN MANAGEMENT ASSOCIATES, LLC
|
Role |
Appellee
|
Status |
Active
|
Representations |
Kelsey Ann Weiss, Mary Jaye Hall
|
|
Name |
DEEPAK SARKAR, M.D.
|
Role |
Appellee
|
Status |
Active
|
Representations |
Julia Leonidovna Dulko, Mark McLaughlin, Damien Miles Hoffman
|
|
Name |
Hon. Brian S. Sandor
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Orange Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Name |
PHYSICIAN PARTNERS OF AMERICA, LLC
|
Role |
Appellee
|
Status |
Active
|
Representations |
Jason Michael Azzarone, Erin Moss Diaz, Taylor Elizabeth Kinmon
|
|
Name |
MEDTRONIC, INC.
|
Role |
Appellee
|
Status |
Active
|
Representations |
Ira William Spivey, II, Brigid F. Cech Samole
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|
Docket Entries
Docket Date |
2024-11-25
|
Type |
Post-Disposition Motions
|
Subtype |
Motion For Clarification
|
Description |
Motion For Clarification
|
On Behalf Of |
CARRIE CAUSEY MCSHAN
|
|
Docket Date |
2024-11-22
|
Type |
Order
|
Subtype |
Order on Miscellaneous Motion
|
Description |
Appellant's October 4, 2024, motion for judicial notice is denied. To the extent appellant's motion contains a petition for writ of mandamus, appellant's petition is stricken as unauthorized in this case without prejudice for appellant to file a petition for writ of mandamus as an original proceeding under Florida Rule of Appellate Procedure 9.100.
The initial brief in this case is overdue. Appellant shall serve the initial brief within ten days of this order, or this case will be dismissed without further notice.
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View |
View File
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Docket Date |
2024-10-07
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Type |
Response
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Subtype |
Response
|
Description |
APPELLEES' JOINT RESPONSE TO APPELLANT'S MOTION FOR MANDATORY JUDICIAL NOTICE OF RECORDS REQUESTED IN THE DIRECTIONS TO CLERK; AND MOTION/PETITION FOR ENTRY OF WRIT OF MANDAMUS
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On Behalf Of |
MEDTRONIC, INC.
|
|
Docket Date |
2024-10-04
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
MOTION FOR MANDATORY JUDICIAL NOTICE OF RECORDS REQUESTED IN THE DIRECTIONS TO CLERK; AND MOTION/PETITION FOR ENTRY OF WRIT OF MANDAMUS
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On Behalf Of |
CARRIE CAUSEY MCSHAN
|
|
Docket Date |
2024-09-03
|
Type |
Order
|
Subtype |
Order on Motion to Supplement Record
|
Description |
Appellant's motion filed July 19, 2024, is treated as a motion to supplement the record on appeal and is denied. As the additional record has been received by this Court, Appellant shall serve her initial brief in these consolidated appeals within thirty days from the date of this order.
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View |
View File
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Docket Date |
2024-07-29
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Type |
Response
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Subtype |
Response
|
Description |
APPELLEES' JOINT RESPONSE TO APPELLANT'S "MOTION REGARDING THE ABSENCE OF A STATUS REPLY WITHIN FIFTEEN (15) DAYS AS REQUIRED BY THIS COURT'S JUNE 10, 2024 ORDER; NOTICE OF STATUS AND PENDING ISSUES; REQUIRING THE CLERK TO PROVIDE STATUS WITHIN FIFTEEN DAYS & REQUEST FOR BRIEFING SCHEDULE
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On Behalf Of |
PAUL S. WEBSTER, M.D.
|
|
Docket Date |
2024-07-22
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
**Treated as a motion to supplement the record on appeal**APPELLANT'S MOTION REGARDING THE ABSENCE OF A STATUS REPLY WITHIN FIFTEEN (15) DAYS AS REQUIRED BY THIS COURT'S JUNE 10, 2024 ORDER; NOTICE OF STATUS AND
PENDING ISSUES; REQUIRING THE CLERK TO PROVIDE STATUS WITHIN FIFTEEN DAYS
|
On Behalf Of |
CARRIE CAUSEY MCSHAN
|
|
Docket Date |
2024-07-03
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
CHIU **CONFIDENTIAL** 372 PAGES
|
On Behalf Of |
TIFFANY RUSSELL, CLERK
|
|
Docket Date |
2024-06-10
|
Type |
Order
|
Subtype |
Order on Motion to Relinquish Jurisdiction
|
Description |
**SEE AMENDED ORDER**Appellant's "notice of pending motion and requisite motion for the Sixth DCA to partially relinquish jurisdiction to the Ninth Circuit to hear and decide such motions" is denied. It appearing that no motions tolling rendition remain pending in the lower tribunal, the consolidated appeals are no longer held in abeyance. The clerk of the lower tribunal shall serve a status report on the anticipated date of the transmission of the remaining outstanding portions of the record on appeal within fifteen days from the date of this
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View |
View File
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Docket Date |
2024-06-03
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Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
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View |
View File
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Docket Date |
2024-05-30
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Type |
Motions Other
|
Subtype |
Motion To Relinquish Jurisdiction
|
Description |
APPELLANT'S NOTICE OF PENDING MOTIONS AND REQUISITE MOTION
FOR THE SIXTH DCA TO PARTIALLY RELINQUISH JURISDICTION TO THE
NINTH CIRCUIT TO HEAR AND DECIDE SUCH MOTIONS
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On Behalf Of |
CARRIE CAUSEY MCSHAN
|
|
Docket Date |
2024-05-28
|
Type |
Event
|
Subtype |
Fee Satisfied
|
Description |
Fee Satisfied
|
|
Docket Date |
2024-04-30
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal
|
On Behalf Of |
CARRIER CAUSEY MCSHAN
|
|
Docket Date |
2024-12-06
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Type |
Order
|
Subtype |
Order on Motion For Clarification
|
Description |
Appellant's Motion to Clarify Written Order, Entered Herein on November 22, 2024, Pursuant to Rule 9.330, Florida Rules of Appellate Procedure; Request that Briefing Schedule be Suspended Pending Resolution of the Mandamus Action; Notice of Intent to Refile the Petition for Writ of Mandamus as an Original Action and Motion for Entry of a Stay of these Proceedings; and Motion for Extension of Time to File the Initial Brief or Time to File an Appropriate Motion to Supplement, Correct, or Otherwise Add Records and Documents to the Record on Appeal, Pending Resolutions of Two Separate Petitions for Writ of Mandamus are denied. Appellant shall serve her initial brief within ten days from the date of this order, or these appeals will be dismissed without further notice. Appellant is advised that the filing of future motions will not toll the time for service of the initial brief.
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View |
View File
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Docket Date |
2024-12-06
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Type |
Notice
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Subtype |
Related Case(s)
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Description |
Notice of Related Case(s)
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On Behalf Of |
CARRIE CAUSEY MCSHAN
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View |
View File
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Docket Date |
2024-12-06
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Type |
Response
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Subtype |
Response
|
Description |
APPELLEES' JOINT RESPONSE IN OPPOSITION TO APPELLANT'S MOTION
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On Behalf Of |
MEDTRONIC, INC.
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|
Docket Date |
2024-12-03
|
Type |
Motions Other
|
Subtype |
Motion To Stay
|
Description |
MOTION FOR THE ENTRY OF A STAY OF THESE PROCEEDINGS; AND
AND MOTION FOR EXTENSION OF TIME FOR APPELLANT TO FILE THE
INITIAL BRIEF OR TIME TO FILE AN APPROPRIATE MOTION TO
SUPPLEMENT, CORRECT OR OTHERWISE ADD RECORDS AND
DOCUMENTS TO THE RECORD ON APPEAL, PENDING RESOLUTIONS
OF TWO SEPARATE PETITIONS FOR A WRIT OF MANDAMUS
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On Behalf Of |
CARRIE CAUSEY MCSHAN
|
|
Docket Date |
2024-11-25
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Type |
Response
|
Subtype |
Response
|
Description |
APPELLEES' JOINT RESPONSE IN OPPOSITION TO APPELLANT'S MOTION
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On Behalf Of |
MEDTRONIC, INC.
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|
Docket Date |
2024-05-21
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Type |
Order
|
Subtype |
Order on Motion to Consolidate
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Description |
Based on Appellees' Joint Response Clarifying Status of Case in Lower Tribunal stating that 6D23-3711 is an appeal from a partial judgment as to certain defendants and that the lower tribunal has recently entered judgment as to the remaining defendants, as well as this court's receipt of a notice of appeal in 6D24-879, appealing the judgment as to the remaining defendants, appellant's motion to consolidate appeals is granted, and the appeals are consolidated. As the record on appeal was prepared and submitted previously in 6D23-3711, the parties shall make arrangements with the lower tribunal clerk for the additional record related to 6D24-879 to be prepared and transmitted in accordance with Florida Rule of Appellate Procedure 9.200.
It appears that motion(s) are pending in the lower tribunal that delay rendition of the final judgment in 6D24-879 pursuant to Florida Rule of Appellate Procedure 9.020(h). Accordingly, this consolidated appeal is held in abeyance. If there are no such motions pending, the parties shall notify this court within five days from the date of this order. If there are such motion(s) pending, the parties must notify this court upon disposition of the motion(s) or file a status report within thirty days, whichever occurs first.
Appellant's motion for extension of time to serve her initial brief in 6D23-3711 is granted to the extent that this court will direct a consolidated briefing schedule upon resolution of any motions delaying rendition of the order on appeal in 6D24-879.
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View |
View File
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CARLOS ANGELINO AGUILAR AND SILVERBACK TRANSPORT ENTERPRISES, INC. VS PHYSICIAN PARTNERS OF AMERICA, ET AL.,
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2D2023-2654
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2023-12-08
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Closed
|
|
Classification |
Original Proceedings - Circuit Civil - Certiorari
|
Court |
2nd District Court of Appeal
|
Originating Court |
Circuit Court for the Thirteenth Judicial Circuit, Hillsborough County
22-CA-591
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Parties
Name |
SILVERBACK TRANSPORT ENTERPRISES, INC.
|
Role |
Petitioner
|
Status |
Active
|
|
Name |
CARLOS ANGELINO AGUILAR
|
Role |
Petitioner
|
Status |
Active
|
Representations |
ELIZABETH A. HERNANDEZ, ESQ., WEEKLEY, SCHULTE, VALDES, MURMAN AND TONELLI, IRENE PORTER, ESQ.
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|
Name |
ARMENIA SURGERY CENTER
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Role |
Respondent
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Status |
Active
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|
Name |
PHYSICIAN PARTNERS OF AMERICA CRNA OPERATIONS, LLC
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Role |
Respondent
|
Status |
Active
|
|
Name |
PHYSICIAN PARTNERS OF AMERICA, LLC
|
Role |
Respondent
|
Status |
Active
|
Representations |
KRISTIN KARBOWSKI, ESQ., AARON W. PROULX, ESQ., THE DOCTOR'S LAWYER, PLLC
|
|
Name |
COLLEEN LOEFFELMAN
|
Role |
Respondent
|
Status |
Active
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|
Name |
HON. HELENE L. DANIEL
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
HILLSBOROUGH CLERK
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2024-02-27
|
Type |
Misc. Events
|
Subtype |
Case Closed
|
Description |
Case Closed
|
|
Docket Date |
2024-02-08
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Judge ~ KELLY, LUCAS, and LABRIT
|
|
Docket Date |
2024-02-08
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
certiorari dismissed ~ Upon consideration of Petitioners' status report, this petition for writ of certiorari isdismissed as moot.
|
|
Docket Date |
2024-01-19
|
Type |
Misc. Events
|
Subtype |
Status Report
|
Description |
Status Report ~ PETITIONERS' STATUS UPDATE OF DISMISSAL PURSUANT TOCOURT ORDER DATED 01/11/2024
|
On Behalf Of |
CARLOS ANGELINO AGUILAR
|
|
Docket Date |
2024-01-11
|
Type |
Order
|
Subtype |
Order
|
Description |
MISCELLANEOUS ORDER ~ Petitioners shall file a status report regarding the settlement agreement within 15days of the date of this order, which may take the form of a notice of voluntarydismissal.
|
|
Docket Date |
2023-12-14
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ NOTICE OF SETTLEMENT
|
On Behalf Of |
CARLOS ANGELINO AGUILAR
|
|
Docket Date |
2023-12-08
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter 1
|
|
Docket Date |
2023-12-08
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
Case Filing Fee Paid through Portal
|
On Behalf Of |
CARLOS ANGELINO AGUILAR
|
|
Docket Date |
2023-12-08
|
Type |
Petition
|
Subtype |
Petition
|
Description |
Petition Filed
|
On Behalf Of |
CARLOS ANGELINO AGUILAR
|
|
Docket Date |
2023-12-08
|
Type |
Record
|
Subtype |
Appendix
|
Description |
ORIGINAL APPENDIX OR ATTACHMENT
|
On Behalf Of |
CARLOS ANGELINO AGUILAR
|
|
Docket Date |
2023-12-11
|
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.
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|
|
JAMES S. ST. LOUIS VS PHYSICIAN PARTNERS OF AMERICA, ET AL
|
2D2020-2552
|
2020-08-27
|
Closed
|
|
Classification |
NOA Non Final - Circuit Civil - Other
|
Court |
2nd District Court of Appeal
|
Originating Court |
Circuit Court for the Thirteenth Judicial Circuit, Hillsborough County
06-CA-8498
|
Parties
Name |
JAMES S. ST. LOUIS
|
Role |
Appellant
|
Status |
Active
|
Representations |
ROBERT D. ECKARD, ESQ., Tara M. Mc Donald, Esq., RAPHAEL J. CUA, ESQ., KRISTIN RHODUS, ESQ.
|
|
Name |
JOE SAMUEL BAILEY
|
Role |
Appellee
|
Status |
Active
|
|
Name |
PHYSICIAN PARTNERS OF AMERICA, LLC
|
Role |
Appellee
|
Status |
Active
|
Representations |
HERBERT R. DONICA, ESQ., JENNIFER G. ALTMAN, ESQ., WILLIAM P. AYERS, ESQ., BARRY GLICKMAN, ESQ., JAMES BARTOLOMEI, I I I, ESQ., SHANI RIVAUX, ESQ., Samuel J Capuano, ESQ., COURTNEY MILLER, ESQ., CHARLES A. CARLSON, ESQ., JASON A. ROSENTHAL, ESQ., BRUCE ALAN WEIL, ESQ., KEITH MICHAEL WILSON, ESQ., RICHARD J. MC INTYRE, ESQ., LOUIS M. URSINI, I I I, ESQ., JOSEPH A. SACHER, ESQ., KATIE M. BRINSON HINTON, ESQ., David L. Koche, Esq., JORDI GUSO, ESQ., ALBERTO F. GOMEZ, ESQ., ARTHUR CHRISTOPHER KASTEN, ESQ.
|
|
Name |
HILLSBOROUGH CLERK
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2020-12-18
|
Type |
Misc. Events
|
Subtype |
Case Closed
|
Description |
Case Closed
|
|
Docket Date |
2020-10-19
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Judge ~ NORTHCUTT, LAROSE, AND BLACK
|
|
Docket Date |
2020-10-19
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
dismiss/no fee/order of insolvency ~ This appeal is dismissed because of the appellant's failure to satisfy this court's August 28, 2020, fee order.
|
|
Docket Date |
2020-08-28
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
fee - civil; atty
|
|
Docket Date |
2020-08-28
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter 1
|
|
Docket Date |
2020-08-27
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ W/ ORDER APPEALED
|
On Behalf Of |
JAMES S. ST. LOUIS
|
|
Docket Date |
2020-08-27
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
HL:Fee Owed
|
|
|
JAMES S. ST. LOUIS VS JOE SAMUEL BAILEY, ET AL
|
2D2020-2537
|
2020-08-26
|
Closed
|
|
Classification |
NOA Non Final - Circuit Civil - Other
|
Court |
2nd District Court of Appeal
|
Originating Court |
Circuit Court for the Thirteenth Judicial Circuit, Hillsborough County
06-CA-008498
|
Parties
Name |
JAMES S. ST. LOUIS
|
Role |
Appellant
|
Status |
Active
|
Representations |
ROBERT D. ECKARD, ESQ., RAPHAEL J. CUA, ESQ., Tara M. Mc Donald, Esq., KRISTIN RHODUS, ESQ.
|
|
Name |
JOE SAMUEL BAILEY
|
Role |
Appellee
|
Status |
Active
|
Representations |
BROOKS C. MILLER, ESQ., BRUCE ALAN WEIL, ESQ., JORDI GUSO, ESQ., HERBERT R. DONICA, ESQ., LOUIS M. URSINI, I I I, ESQ., RICHARD J. MC INTYRE, ESQ., JOSEPH A. SACHER, ESQ., ALBERTO F. GOMEZ, ESQ., CHARLES A. CARLSON, ESQ., JOHN D. BERNSTEIN, ESQ., JASON A. ROSENTHAL, ESQ., WILLIAM P. AYERS, ESQ., MICHAEL K. WILSON, ESQ., JENNIFER G. ALTMAN, ESQ., BARRY GLICKMAN, ESQ., JAMES BARTOLOMEI, I I I, ESQ., David L. Koche, Esq., SHANI RIVAUX, ESQ., Samuel J Capuano, ESQ.
|
|
Name |
PHYSICIAN PARTNERS OF AMERICA, LLC
|
Role |
Appellee
|
Status |
Active
|
|
Name |
STEVEN SCOTT STEPHENS, ESQ.
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
HILLSBOROUGH CLERK
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2020-11-05
|
Type |
Order
|
Subtype |
Order
|
Description |
Miscellaneous Order ~ The appendix to the answer brief is not bookmarked and the page numbers of the appendix do not match the page numbers displayed by the PDF reader as required by Florida Rule of Appellate Procedure 9.220(c). Appellee shall file a corrected appendix within ten days from the date of this order.
|
|
Docket Date |
2020-11-04
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant Reply Brief
|
On Behalf Of |
JAMES S. ST. LOUIS
|
|
Docket Date |
2020-10-19
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument
|
On Behalf Of |
JAMES S. ST. LOUIS
|
|
Docket Date |
2020-10-06
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee Answer Brief
|
On Behalf Of |
JOE SAMUEL BAILEY
|
|
Docket Date |
2020-09-22
|
Type |
Order
|
Subtype |
Order Discharging Show Cause Order
|
Description |
ORD-DISCHARGING SHOW CAUSE ~ The order on appeal is included in the appendix to Appellant's initial brief, and this court's August 27, 2020, order to show cause is discharged.
|
|
Docket Date |
2020-09-11
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ CORRECTED CERTIFICATE OF SERVICE
|
On Behalf Of |
JAMES S. ST. LOUIS
|
|
Docket Date |
2020-09-11
|
Type |
Record
|
Subtype |
Appendix to Initial Brief
|
Description |
Appendix for Initial Brief
|
On Behalf Of |
JAMES S. ST. LOUIS
|
|
Docket Date |
2020-09-11
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Appellant Brief on Merits
|
On Behalf Of |
JAMES S. ST. LOUIS
|
|
Docket Date |
2020-08-27
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter 1
|
|
Docket Date |
2020-08-27
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
Case Filing Fee Paid through Portal
|
|
Docket Date |
2020-08-27
|
Type |
Order
|
Subtype |
Show Cause re No Order Appealed
|
Description |
OSC - no order appealed
|
|
Docket Date |
2020-08-26
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
JAMES S. ST. LOUIS
|
|
Docket Date |
2020-08-26
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
Docket Date |
2021-06-17
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2021-05-25
|
Type |
Order
|
Subtype |
Order on Motion for Rehearing
|
Description |
ORD-DENYING REHEARING ~ Appellant’s motion for rehearing, rehearing en banc, clarification, certification, and written opinion is denied.
|
|
Docket Date |
2021-03-22
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ APPELLEES' RESPONSE TO APPELLANT'S MOTION FOR WRITTEN OPINION, REHEARING, CLARIFICATION, REHEARING EN BANC, AND CERTIFICATION
|
On Behalf Of |
JOE SAMUEL BAILEY
|
|
Docket Date |
2021-03-05
|
Type |
Post-Disposition Motions
|
Subtype |
Motion for Rehearing
|
Description |
Motion for Rehearing / Rehearing En Banc ~ MOTION FOR WRITTEN OPINION, REHEARING, CLARIFICATION, REHEARING EN BANC, AND CERTIFICATION
|
On Behalf Of |
JAMES S. ST. LOUIS
|
|
Docket Date |
2021-02-19
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed - Per Curiam Affirmed
|
|
Docket Date |
2021-02-03
|
Type |
Misc. Events
|
Subtype |
Oral Argument Date Set
|
Description |
Oral Argument Date Set ~ Tampa
|
|
Docket Date |
2020-12-11
|
Type |
Order
|
Subtype |
Order Re: Video Oral Argument
|
Description |
OA Notice Video ~ This case is provisionally set for oral argument on WEDNESDAY, FEBRUARY 03, 2021, at 9:30 A.M., before: Judge Patricia J. Kelly, Judge Edward C. LaRose, Judge J. Andrew Atkinson. To mitigate the impact of the COVID-19 outbreak while continuing with the orderly processing of cases, 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.
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Docket Date |
2020-11-13
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Type |
Brief
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Subtype |
Appendix
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Description |
Appendix for Answer Brief ~ CORRECTED
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On Behalf Of |
JOE SAMUEL BAILEY
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SURGERY CENTER HOLDINGS, INC., ET AL VS ROBERT GUIRGUIS, D. O., ET AL
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2D2019-4889
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2019-12-23
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Closed
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Classification |
NOA Non Final - Circuit Civil - Other
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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
18-CA-11960
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Parties
Name |
TAMPA PAIN RELIEF CENTER, INC.
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Role |
Appellant
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Status |
Active
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Name |
SURGERY CENTER HOLDINGS, INC.
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Role |
Appellant
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Status |
Active
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Representations |
ALAN ROSENTHAL, ESQ., CHARLES W. THROCKMORTON V., ESQ., NATALIE J. CARLOS, ESQ.
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Name |
ARMENIA AMBULATORY SURGERY CENTER, L L C
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Role |
Appellant
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Status |
Active
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Name |
PHYSICIAN PARTNERS OF AMERICA, LLC
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Role |
Appellee
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Status |
Active
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Name |
RODOLFO GARI, JR., M.D.
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Role |
Appellee
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Status |
Active
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Name |
HECTOR CASES, M.D.
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Role |
Appellee
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Status |
Active
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Name |
ROBERT GUIRGUIS, D. O.
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Role |
Appellee
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Status |
Active
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Representations |
JOHN A. SCHIFINO, ESQ., Justin P. Bennett, Esq., JOHN TRAVIS GODWIN, ESQ., JORDAN B. GRIMALDI, ESQ., ROBERT V. WILLIAMS, ESQ., V. STEPHEN COHEN, ESQ., WILLIAM J. SCHIFINO, JR., ESQ., CHARLES A. CARLSON, ESQ., PHILIP L. SCHWARTZ, ESQ.
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Name |
CHARLES K. FRIEDMAN, D.O., P.A.
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Role |
Appellee
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Status |
Active
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Name |
MAN QUANG LE, M. D.
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Role |
Appellee
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Status |
Active
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Name |
JOHN KEVYN OTERO, M.D.
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Role |
Appellee
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Status |
Active
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Name |
STEVEN SCOTT STEPHENS, ESQ.
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Role |
Judge/Judicial Officer
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Status |
Active
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Name |
HILLSBOROUGH CLERK
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Role |
Lower Tribunal Clerk
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Status |
Active
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Docket Entries
Docket Date |
2020-05-05
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Type |
Response
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Subtype |
Response
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Description |
RESPONSE ~ TO APPELLEES' JOINT MOTION TO STRIKE SUPPLEMENTAL APPENDIX IN SUPPORT OF APPELLANTS' REPLY BRIEF
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On Behalf Of |
SURGERY CENTER HOLDINGS, INC.
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Docket Date |
2021-07-12
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Type |
Misc. Events
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Subtype |
West Publishing
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Description |
West Publishing
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Docket Date |
2021-06-29
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Type |
Mandate
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Subtype |
Mandate
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Description |
Mandate
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Docket Date |
2021-06-11
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Type |
Order
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Subtype |
Order
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Description |
Miscellaneous Order ~ SEE WORD ORDER W/ OPINION DATED 6/11/2021
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Docket Date |
2021-06-11
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Type |
Disposition by Opinion
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Subtype |
Affirmed in Part/Reversed in Part
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Description |
Affirmed in Part/Reversed in Part - Authored Opinion ~ ; remanded.
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Docket Date |
2021-01-12
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Type |
Response
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Subtype |
Response
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Description |
RESPONSE ~ APPELLANTS' RESPONSE IN OPPOSITION TO APPELLEES' MOTION FOR REHEARING
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On Behalf Of |
SURGERY CENTER HOLDINGS, INC.
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Docket Date |
2021-01-06
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Type |
Response
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Subtype |
Response
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Description |
RESPONSE ~ in Opposition to Appellee Man Quang Le, M.D.'s Motion for Reconsideration of Attorney's Fees Order
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On Behalf Of |
SURGERY CENTER HOLDINGS, INC.
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Docket Date |
2020-12-28
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Type |
Post-Disposition Motions
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Subtype |
Motion for Rehearing
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Description |
Motion For Rehearing ~ OR CLARIFICATION
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On Behalf Of |
SURGERY CENTER HOLDINGS, INC.
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Docket Date |
2020-12-22
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Type |
Motions Other
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Subtype |
Motion for Reconsideration/Rehearing of an Order
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Description |
Motion For Reconsideration ~ OF THAT PORTION OF THE COURT'S DECEMBER 11, 2020, ORDER GRANTING APPELLANTS' MOTION FOR ATTORNEY'S FEES AGAINST APPELLEE MAN QUANG LE, M.D.**ORDER VACATED SEE ORDER DATED 6/11/2021**
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On Behalf Of |
ROBERT GUIRGUIS, D. O.
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Docket Date |
2020-12-11
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Type |
Disposition by Opinion
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Subtype |
Affirmed in Part/Reversed in Part
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Description |
Affirmed in Part/Reversed in Part - Authored Opinion ~ ; remanded. **WITHDRAWN SEE WORD ORDER W/ OPINION DATED 6/11/2021**
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Docket Date |
2020-12-11
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Type |
Order
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Subtype |
Order
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Description |
Miscellaneous Order ~ ***ORDER VACATED SEE ORDER DATED 6/11/2021**The appellants' motion for attorney's fees is granted against appellees Guirguis, Otero, Cases, and Le, contingent upon the appellants prevailing against those parties below. If the appellants prevail below, the trial court shall award a reasonable amount of attorneys' fees incurred in this appeal. The appellants' request for costs is stricken without prejudice to their right to seek costs in the circuit court. See Fla. R. App. P. 9.400(a). The request for conditional attorneys' fees filed by appellees Radolpho Gari, Jr., M.D.; Charles K. Friedman, D.O.; and Physician Partners of America, LLC, based on a proposal for settlement is denied. See Diamond Aircraft Inds., Inc. v. Horowitch, 107 So. 3d 362, 374 (Fla. 2013). The request for conditional attorneys' fees filed by appellees Guirguis, Otero, Cases, and Le is granted, contingent upon those appellees prevailing against the appellants below. If those appellees prevail below, the trial court shall award a reasonable amount of attorneys' fees incurred in this appeal. Appellee Le's request for attorney's fees based on section 57.105, Florida Statutes, is denied.
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Docket Date |
2020-10-20
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Type |
Notice
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Subtype |
Notice of Supplemental Authority
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Description |
Notice of Supplemental Authority
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On Behalf Of |
ROBERT GUIRGUIS, D. O.
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Docket Date |
2020-10-19
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Type |
Notice
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Subtype |
Notice of Supplemental Authority
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Description |
Notice of Supplemental Authority ~ APPELLANTS' NOTICE OF SUPPLEMENTAL AUTHORITY
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On Behalf Of |
SURGERY CENTER HOLDINGS, INC.
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Docket Date |
2020-05-14
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Type |
Order
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Subtype |
Order on Motion To Strike
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Description |
Deny Motion to Strike-13a ~ The appellees' motion to strike is denied. The merits panel will appropriately review the reply brief and appendix.
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Docket Date |
2020-04-20
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Type |
Order
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Subtype |
Order to File Response
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Description |
ORD-TO FILE RESPONSE ~ Appellants are directed to respond within fifteen (15) days from the date of this order to Appellees’ joint motion to strike Appellants’ supplemental appendix in support of Appellants’ reply brief.
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Docket Date |
2020-04-16
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Type |
Response
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Subtype |
Response
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Description |
RESPONSE ~ APPELLEES' RESPONSE TO APPELLANTS' MOTION FOR ATTORNEYS' FEES AND COSTS
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On Behalf Of |
ROBERT GUIRGUIS, D. O.
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Docket Date |
2020-04-16
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Type |
Motions Other
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Subtype |
Motion To Strike
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Description |
Motion To Strike ~ APPELLEES' JOINT MOTION TO STRIKE APPELLANTS' SUPPLEMENTAL APPENDIX IN SUPPORT OF APPELLANTS' REPLY BRIEF
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On Behalf Of |
ROBERT GUIRGUIS, D. O.
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Docket Date |
2020-04-01
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Type |
Response
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Subtype |
Response
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Description |
RESPONSE ~ IN OPPOSITION TO APPELLEES' JOINT MOTION FOR A CONDITIONAL AWARD OF APPELLATE FEES
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On Behalf Of |
SURGERY CENTER HOLDINGS, INC.
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Docket Date |
2020-04-01
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Type |
Brief
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Subtype |
Reply Brief
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Description |
Appellant Reply Brief
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On Behalf Of |
SURGERY CENTER HOLDINGS, INC.
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Docket Date |
2020-04-01
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Type |
Motions Relating to Attorney Fees/Costs
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Subtype |
Motion For Attorney's Fees
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Description |
Motion For Attorney's Fees ~ **ORDER VACATED SEE ORDER DATED 6/11/2021**
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On Behalf Of |
SURGERY CENTER HOLDINGS, INC.
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Docket Date |
2020-03-02
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Type |
Brief
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Subtype |
Appendix
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Description |
Appendix for Answer Brief
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On Behalf Of |
ROBERT GUIRGUIS, D. O.
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Docket Date |
2020-02-19
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Type |
Order
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Subtype |
Order on Motion To Strike
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Description |
Deny Motion to Strike-13a ~ The appellees' motion to strike, as amended, is denied. The appellees may include appropriate argument in their answer brief. The appellees' motion for leave to file a reply to the response to the motion to strike is denied.
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Docket Date |
2020-02-14
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Type |
Motions Other
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Subtype |
Miscellaneous Motion
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Description |
Miscellaneous Motion ~ FOR LEAVE TO FILE REPLY TO APPELLANTS' RESPONSE TO APPELLEES' AMENDED JOINT MOTION TO STRIKE PORTIONS OF APPELLANTS'APPENDIX AND MOTION TO STRIKE INITIAL BRIEF
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On Behalf Of |
ROBERT GUIRGUIS, D. O.
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Docket Date |
2020-02-12
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Type |
Record
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Subtype |
Appendix to Response
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Description |
APPENDICES /ATTACHMENTS TO RESPONSE
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On Behalf Of |
SURGERY CENTER HOLDINGS, INC.
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Docket Date |
2020-02-12
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Type |
Response
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Subtype |
Response
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Description |
RESPONSE ~ APPELLANTS' RESPONSE TO APPELLEES' AMENDED JOINT MOTION TO STRIKE PORTIONS OF APPELLANTS' APPENDIX AND MOTION TO STRIKE INITIAL BRIEF
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On Behalf Of |
SURGERY CENTER HOLDINGS, INC.
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Docket Date |
2020-02-04
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Type |
Order
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Subtype |
Order to File Response
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Description |
ORD-TO FILE RESPONSE ~ The appellants shall respond to the appellees' amended motion to strike by February 14, 2020.
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Docket Date |
2020-02-03
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Type |
Motions Other
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Subtype |
Motion To Strike
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Description |
Motion To Strike ~ APPELLEES' AMENDED JOINT MOTION TO STRIKE PORTIONS OF APPELLANTS' APPENDIX AND MOTION TO STRIKE INITIAL BRIEF
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On Behalf Of |
ROBERT GUIRGUIS, D. O.
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Docket Date |
2020-01-31
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Type |
Order
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Subtype |
Order to File Response
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Description |
ORD-TO FILE RESPONSE ~ The appellants shall respond to the appellees' motion to strike within 15 days of the date of this order.
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Docket Date |
2020-01-29
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Type |
Motions Other
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Subtype |
Motion To Strike
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Description |
Motion To Strike ~ **NOTED...SEE 02/03/20 AMENDED MOTION**APPELLEES' JOINT MOTION TO STRIKE PORTIONS OF APPELLANTS' APPENDIX AND MOTION TO STRIKE INITIAL BRIEF
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On Behalf Of |
ROBERT GUIRGUIS, D. O.
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Docket Date |
2020-01-29
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Type |
Record
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Subtype |
Appendix to Motion
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Description |
ALL OTHER MOTIONS APPENDIX/ATTACHMENT
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On Behalf Of |
ROBERT GUIRGUIS, D. O.
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Docket Date |
2020-01-29
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Type |
Motions Relating to Attorney Fees/Costs
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Subtype |
Motion For Attorney's Fees
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Description |
Motion For Attorney's Fees ~ APPELLEES' JOINT MOTION FOR A CONDITIONAL AWARD OF ATTORNEYS' FEES
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On Behalf Of |
ROBERT GUIRGUIS, D. O.
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Docket Date |
2020-01-15
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Type |
Letter
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Subtype |
Acknowledgment Letter
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Description |
Acknowledgment Letter 1 ~ AMENDED
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Docket Date |
2020-01-14
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Type |
Notice
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Subtype |
Notice of Confidential Information within Court Filing
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Description |
Notice of Confidential Information Within Court Filing ~ APPELLANTS' SUPPLEMENT TO NOTICE OF CONFIDENTIAL INFORMATION WITHIN COURT FILING
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On Behalf Of |
SURGERY CENTER HOLDINGS, INC.
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Docket Date |
2020-01-13
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Type |
Misc. Events
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Subtype |
Certificate
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Description |
Certificate ~ APPELLANTS' AMENDED CERTIFICATE OF SERVICE FOR NOTICE OF APPEAL
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On Behalf Of |
SURGERY CENTER HOLDINGS, INC.
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Docket Date |
2020-01-09
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Type |
Record
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Subtype |
Appendix to Initial Brief
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Description |
Appendix for Initial Brief ~ **CONFIDENTIAL**
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On Behalf Of |
SURGERY CENTER HOLDINGS, INC.
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Docket Date |
2020-01-09
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Type |
Order
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Subtype |
Order
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Description |
Miscellaneous Order ~ Within seven days of the date of this order the appellants shall supplement their notice of confidential information within court filing with a clarification as to whether the attorneys in this appeal may view the confidential information.
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Docket Date |
2020-01-08
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Type |
Notice
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Subtype |
Notice of Confidential Information within Court Filing
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Description |
Notice of Confidential Information Within Court Filing
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On Behalf Of |
SURGERY CENTER HOLDINGS, INC.
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Docket Date |
2020-01-08
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Type |
Brief
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Subtype |
Initial Brief
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Description |
Initial Appellant Brief on Merits
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On Behalf Of |
SURGERY CENTER HOLDINGS, INC.
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Docket Date |
2020-01-07
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Type |
Order
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Subtype |
Certificate of Service
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Description |
c of s; mailing addresses
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Docket Date |
2020-01-02
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Type |
Notice
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Subtype |
Notice of Appeal
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Description |
Notice of Appeal Filed ~ NON CERTIFIED COPY OF NOA
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On Behalf Of |
SURGERY CENTER HOLDINGS, INC.
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Docket Date |
2019-12-24
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Type |
Letter
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Subtype |
Acknowledgment Letter
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Description |
Acknowledgment Letter 1
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Docket Date |
2019-12-24
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Type |
Order
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Subtype |
Nonfinal Appeals
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Description |
nonfinal appeal order for initial brief
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Docket Date |
2019-12-23
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Type |
Misc. Events
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Subtype |
Fee Status
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Description |
A3:Paid In Full - $300
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Docket Date |
2019-12-23
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Type |
Notice
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Subtype |
Notice of Appeal
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Description |
Notice of Appeal Filed
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On Behalf Of |
SURGERY CENTER HOLDINGS, INC.
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