| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502020CA002706
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Parties
| Name |
Champey Pain Group, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Berkley Sweetapple, Robert A. Sweetapple
|
|
| Name |
Mine Hill Anesthesia, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Mine Hill Surgical Center, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
ECHELON MEDICAL CAPITAL, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Alan L. Raines
|
|
| Name |
Hon. John S. Kastrenakes
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-09-01
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ **Amended**
|
|
| Docket Date |
2022-10-14
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2022-10-14
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the October 13, 2022 notice of voluntary dismissal, this case is dismissed.
|
|
| Docket Date |
2022-10-13
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
Champey Pain Group, LLC
|
|
| Docket Date |
2022-10-04
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order to File Status Report ~ ORDERED that appellants are directed to file a status report, within ten (10) days from the date of this order, regarding the bankruptcy proceedings.
|
|
| Docket Date |
2021-09-01
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-06-29
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellants’ June 28, 2022 status report is stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that it is a computer-generated document which does not comply with the font requirements set forth in Rule 9.045(b). See Fla. R. App. P. 9.045(b) (“Computer-generated documents shall be filed in either Arial 14-point font or Bookman Old Style 14-point font.”). An amended document in compliance with Rule 9.045 shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2022-06-29
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ AMENDED.
|
| On Behalf Of |
Champey Pain Group, LLC
|
|
| Docket Date |
2022-06-28
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ **STRICKEN**
|
| On Behalf Of |
Champey Pain Group, LLC
|
|
| Docket Date |
2022-03-30
|
| Type |
Order
|
| Subtype |
Order Bankruptcy
|
| Description |
ORD-Case Stayed Pending Bankruptcy ~ A suggestion of bankruptcy having been filed, and it appearing that no cause exists as to why the entire above-styled appeal should not be stayed by virtue of 11 U.S.C. § 362, it is ORDERED that:This appeal is stayed. If the bankruptcy case becomes closed, dismissed, or modified to permit this appeal to proceed, then appellants shall promptly, and in no event later than twenty (20) days after the event has occurred, notify this court in writing that this appeal may proceed.Unless this appeal is voluntarily dismissed, appellants, within ninety (90) days from the date of this order, and then every ninety (90) days thereafter, shall notify this court as to the status of the bankruptcy case.
|
|
| Docket Date |
2022-03-04
|
| Type |
Order
|
| Subtype |
Show Cause re Bankruptcy
|
| Description |
Order on Suggestion of Bankruptcy ~ A suggestion of bankruptcy having been filed, it is ORDERED that all parties shall show cause in writing, if any there be, within twenty (20) days from the date of this order, why the entire above-styled appeal should not be stayed by virtue of 11 U.S.C. § 362. If a party believes that no such cause exists, that party need not file a response.
|
|
| Docket Date |
2022-03-03
|
| Type |
Notice
|
| Subtype |
Suggestion of Bankruptcy
|
| Description |
Suggestion of Bankruptcy
|
| On Behalf Of |
Champey Pain Group, LLC
|
|
| Docket Date |
2022-01-31
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Echelon Medical Capital, LLC
|
|
| Docket Date |
2021-12-16
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee's December 15, 2021 motion for extension of time is granted, and appellee shall serve the answer brief on or before January 31, 2022. In addition, appellee is notified that the failure to serve the brief within the time provided herein may foreclose appellee's right to file a brief or otherwise participate in this appeal.
|
|
| Docket Date |
2021-12-15
|
| 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 |
Echelon Medical Capital, LLC
|
|
| Docket Date |
2021-11-17
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Champey Pain Group, LLC
|
|
| Docket Date |
2021-11-16
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that appellants’ appendix to the initial brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.220(c), which was amended effective October 1, 2017, in that it contains no bookmarks as required by Rule 9.220(c)(3). An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2021-11-15
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Champey Pain Group, LLC
|
|
| Docket Date |
2021-11-15
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ **STRICKEN**
|
| On Behalf Of |
Champey Pain Group, LLC
|
|
| Docket Date |
2021-10-22
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants’ October 21, 2021 motion for extension of time is granted, and appellant shall serve the initial brief on or before November 15, 2021. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2021-10-21
|
| 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 |
Champey Pain Group, LLC
|
|
| Docket Date |
2021-09-08
|
| Type |
Order
|
| Subtype |
Order Vacating/Withdrawing Order
|
| Description |
Order Vacated ~ ORDERED, upon consideration of appellants' September 2, 2021 amended notice of appeal, this court's September 2, 2021 order is vacated.
|
|
| Docket Date |
2021-09-02
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal
|
| On Behalf Of |
Champey Pain Group, LLC
|
|
| Docket Date |
2021-09-02
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Champey Pain Group, LLC
|
|
| Docket Date |
2021-09-02
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
AA - File Statement for Basis of Jurisdiction ~ **VACATED** ORDERED that, within ten (10) days from the date of this order, appellant shall file in this court a brief statement explaining the basis for this court's subject matter jurisdiction over the order appealed in this case, citing supporting legal authorities. Appellant shall specifically address how the August 18, 2021 order is a non-final, appealable order under Florida Rule of Appellate Procedure 9.130(a)(3)(B), as it appears the order does not "grant, continue, modify, deny, or dissolve injunctions, or refuse to modify or dissolve injunctions." See Fla. R. App. P. 9.130(a)(3)(B). Further,Appellee may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2021-09-01
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Champey Pain Group, LLC
|
|
| Docket Date |
2021-09-01
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes, is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a lower tribunal clerk's determination of indigent status is filed.
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