|
NCHMD, INC., NCH HEALTHCARE SYSTEM, INC., NAPLES COMMUNITY HOSPITAL, INC., LUIGI QUERUSIO, M.D. AND JENNIFER TRUJILLO-CRUZ, ARNP VS DERRON GERALD SMITH, ET AL.
|
2D2022-2447
|
2022-08-01
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Collier County
2022-CA-000540
|
Parties
| Name |
NAPLES COMMUNITY HOSPITAL, INC.
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
LUIGI QUERUSIO, M. D.
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
JENNIFER TRUJILLO-CRUZ, ARNP
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
NCHMD, INC.
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
MICHAEL R. D' LUGO, ESQ.
|
|
| Name |
NCH HEALTHCARE SYSTEM, INC.
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
INAEZHA SMITH
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
DERRON GERALD SMITH
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
CRAIG R. STEVENS, ESQ., Brian James Lee, Esq.
|
|
| Name |
HONORABLE ELIZABETH V. KRIER
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
COLLIER CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-12-30
|
| Type |
Disposition
|
| Subtype |
Transferred
|
| Description |
Transferred - Order by Judge ~ Transferred to the 6DCA.
|
|
| Docket Date |
2022-12-30
|
| Type |
Disposition by Order
|
| Subtype |
Transferred
|
| Description |
Transfer to Sixth DCA
|
|
| Docket Date |
2022-11-09
|
| Type |
Response
|
| Subtype |
Reply
|
| Description |
REPLY ~ REPLY TO RESPONSE TO PETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
NCHMD, INC.
|
|
| Docket Date |
2022-11-03
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion-79 ~ Petitioners' unopposed motion for extension of time is granted, and the replyshall be served by November 9, 2022.
|
|
| Docket Date |
2022-11-02
|
| Type |
Motions Extensions
|
| Subtype |
Motion Extension of Time To Reply To Response
|
| Description |
Motion Extension of TimeTo Reply To Response ~ UNOPPOSED MOTION FOR EXTENSION OF TIME TO SERVE REPLY TO RESPONSE TO PETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
NCHMD, INC.
|
|
| Docket Date |
2022-10-03
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE IN OPPOSITION TO PETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
DERRON GERALD SMITH
|
|
| Docket Date |
2022-09-20
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion Extension of time To File Response ~ UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE RESPONSE TO PETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
DERRON GERALD SMITH
|
|
| Docket Date |
2022-09-20
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion-79 ~ Respondents' unopposed motion for extension of time to serve a response to thepetition for writ of certiorari is granted. The response shall be served by October 3,2022.
|
|
| Docket Date |
2022-08-30
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
grant eot for cert response ~ Respondents' motion for extension of time to serve a response to the petition forwrit of certiorari is granted. The response shall be served by September 22, 2022.
|
|
| Docket Date |
2022-08-02
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ NOTICE OF APPEARANCEAND DESIGNATION OF E-MAIL
|
| On Behalf Of |
DERRON GERALD SMITH
|
|
| Docket Date |
2022-08-01
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed
|
| On Behalf Of |
NCHMD, INC.
|
|
| Docket Date |
2022-08-01
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
ORIGINAL APPENDIX OR ATTACHMENT ~ APPENDIX TO PETITION FOR WRIT OF CERTIORARI (LOCATED IN IDCA CONFIDENTIAL FOLDER)
|
| On Behalf Of |
NCHMD, INC.
|
|
| Docket Date |
2022-08-01
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-08-01
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2022-08-01
|
| Type |
Notice
|
| Subtype |
Notice of Confidential Information within Court Filing
|
| Description |
Notice of Confidential Information Within Court Filing
|
| On Behalf Of |
NCHMD, INC.
|
|
| Docket Date |
2022-08-30
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion Extension of time To File Response ~ UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE RESPONSE TO PETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
DERRON GERALD SMITH
|
|
| Docket Date |
2022-08-03
|
| Type |
Order
|
| Subtype |
Order to Respond to Petition
|
| Description |
certiorari response - pretrial ~ Respondents 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.
|
|
|
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NCHMD, INC., NCH HEALTHCARE SYSTEM, INC., NAPLES COMMUNITY HOSPITAL, INC., LUIGI QUERUSIO, M.D. AND JENNIFER TRUJILLO-CRUZ, ARNP VS DERRON GERALD SMITH, INDIVIDUALLY AND NEXT FRIEND OF INAEZHA B. SMITH, AND INAEZHA B. SMITH
|
6D2023-0650
|
2022-08-01
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
6th District Court of Appeal
|
| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Collier County
2022-CA-000540
|
Parties
| Name |
JENNIFER TRUJILLO-CRUZ, ARNP
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
LUIGI QUERUSIO, M. D.
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
NCHMD, INC.
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
MICHAEL R. D'LUGO, ESQ.
|
|
| Name |
NCH HEALTHCARE SYSTEM, INC.
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
NAPLES COMMUNITY HOSPITAL, INC.
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
INAEZHA SMITH
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
DERRON GERALD SMITH
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
CRAIG R. STEVENS, ESQ., BRIAN J. LEE, ESQ.
|
|
| Name |
HON. ELIZABETH V. KRIER
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
CRYSTAL K. KINZEL, CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-06-01
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2023-06-01
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-05-11
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge ~ Sasso, C. J., and Traver and Nardella
|
|
| Docket Date |
2023-05-11
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
certiorari dismissed ~ The Petition for Writ of Certiorari is dismissed for want of jurisdiction.
|
|
| Docket Date |
2023-01-03
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2022-12-30
|
| Type |
Disposition by Order
|
| Subtype |
Transferred
|
| Description |
Transfer to Sixth DCA
|
|
| Docket Date |
2022-11-09
|
| Type |
Response
|
| Subtype |
Reply
|
| Description |
REPLY ~ REPLY TO RESPONSE TO PETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
NCHMD, INC.
|
|
| Docket Date |
2022-11-03
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion-79 ~ Petitioners' unopposed motion for extension of time is granted, and the replyshall be served by November 9, 2022.
|
|
| Docket Date |
2022-11-02
|
| Type |
Motions Extensions
|
| Subtype |
Motion Extension of Time To Reply To Response
|
| Description |
Motion Extension of TimeTo Reply To Response ~ UNOPPOSED MOTION FOR EXTENSION OF TIME TO SERVE REPLY TO RESPONSE TO PETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
NCHMD, INC.
|
|
| Docket Date |
2022-10-03
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE IN OPPOSITION TO PETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
DERRON GERALD SMITH
|
|
| Docket Date |
2022-09-20
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion-79 ~ Respondents' unopposed motion for extension of time to serve a response to thepetition for writ of certiorari is granted. The response shall be served by October 3,2022.
|
|
| Docket Date |
2022-09-20
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion Extension of time To File Response ~ UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE RESPONSE TO PETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
DERRON GERALD SMITH
|
|
| Docket Date |
2022-08-30
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
grant eot for cert response ~ Respondents' motion for extension of time to serve a response to the petition forwrit of certiorari is granted. The response shall be served by September 22, 2022.
|
|
| Docket Date |
2022-08-30
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion Extension of time To File Response ~ UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE RESPONSE TO PETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
DERRON GERALD SMITH
|
|
| Docket Date |
2022-08-03
|
| Type |
Order
|
| Subtype |
Order to Respond to Petition
|
| Description |
certiorari response - pretrial ~ Respondents 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 |
2022-08-02
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ NOTICE OF APPEARANCEAND DESIGNATION OF E-MAIL
|
| On Behalf Of |
DERRON GERALD SMITH
|
|
| Docket Date |
2022-08-01
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
ORIGINAL APPENDIX OR ATTACHMENT ~ APPENDIX TO PETITION FOR WRIT OF CERTIORARI (LOCATED IN IDCA CONFIDENTIAL FOLDER)
|
| On Behalf Of |
NCHMD, INC.
|
|
| Docket Date |
2022-08-01
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2022-08-01
|
| Type |
Notice
|
| Subtype |
Notice of Confidential Information within Court Filing
|
| Description |
Notice of Confidential Information Within Court Filing
|
| On Behalf Of |
NCHMD, INC.
|
|
| Docket Date |
2022-08-01
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed
|
| On Behalf Of |
NCHMD, INC.
|
|
| Docket Date |
2022-08-01
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
|
NCHMD, INC., D/ B/ A NCH PHYSICIAN GROUP, ET AL., VS WILLIAM SCOLA AND KATHLEEN SCOLA
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2D2022-0583
|
2022-02-23
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Collier County
20-CA-3743
|
Parties
| Name |
NCHMD, INC.
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
MICHAEL R. D' LUGO, ESQ.
|
|
| Name |
MARK A. BROWN, JR., M.D.
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
NCH HEALTHCARE SYSTEM, INC.
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
MUSTAFA K. RIKABI, M.D.
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
HEATHER PARIS, PA-C
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
D/ B/ A NCH PHYSICIAN GROUP
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
WILLIAM SCOLA
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
DANIEL M. SCHWARZ, ESQ., BRIAN R. DENNEY, ESQ., KARA ROCKENBACH LINK, ESQ.
|
|
| Name |
KATHLEEN SCOLA
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
HON. LAUREN L. BRODIE
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
COLLIER CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-09-16
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2022-09-16
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2022-08-31
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Respondents' motion for appellate attorney's fees filed pursuant to Florida Rule of Appellate Procedure 9.400 and section 768.79, Florida Statutes, is provisionally granted. If respondents establish entitlement in compliance with section 768.79 and Florida Rule of Civil Procedure 1.442, the trial court is authorized to award reasonable appellate attorney's fees.
|
|
| Docket Date |
2022-08-31
|
| Type |
Disposition
|
| Subtype |
Denied
|
| Description |
Denied - PC Denied
|
|
| Docket Date |
2022-08-16
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ Remote
|
|
| Docket Date |
2022-05-23
|
| 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 |
2022-05-23
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ PETITIONERS' OPPOSITION TO RESPONDENTS' MOTION FOR APPELLATE ATTORNEYS' FEES
|
| On Behalf Of |
NCHMD, INC.
|
|
| Docket Date |
2022-05-20
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
WILLIAM SCOLA
|
|
| Docket Date |
2022-05-06
|
| Type |
Record
|
| Subtype |
Appendix to Motion
|
| Description |
COUNSEL FEES PARTIES MOTION APPENDIX/ATTACHMENT
|
| On Behalf Of |
WILLIAM SCOLA
|
|
| Docket Date |
2022-05-06
|
| Type |
Response
|
| Subtype |
Reply
|
| Description |
REPLY ~ REPLY TO RESPONSE TO PETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
NCHMD, INC.
|
|
| Docket Date |
2022-05-06
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ RESPONDENTS' MOTION FOR APPELLATE ATTORNEYS' FEES AGAINST PETITIONER, NCH HEALTHCARE SYSTEM, INC.
|
| On Behalf Of |
WILLIAM SCOLA
|
|
| Docket Date |
2022-04-06
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
APPENDICES /ATTACHMENTS TO RESPONSE ~ APPENDIX TO RESPONSE TOPETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
WILLIAM SCOLA
|
|
| Docket Date |
2022-04-06
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE TOPETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
WILLIAM SCOLA
|
|
| Docket Date |
2022-03-07
|
| Type |
Order
|
| Subtype |
Order to Respond to Petition
|
| Description |
certiorari response - pretrial ~ Respondents 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 |
2022-02-24
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2022-02-23
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Filed
|
| On Behalf Of |
NCHMD, INC.
|
|
| Docket Date |
2022-02-23
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-02-23
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
ORIGINAL APPENDIX OR ATTACHMENT
|
| On Behalf Of |
NCHMD, INC.
|
|
| Docket Date |
2022-06-07
|
| Type |
Order
|
| Subtype |
Order Re: Video Oral Argument
|
| Description |
OA Notice Video ~ This case is provisionally set for oral argument on TUESDAY, AUGUST 16, 2022, at 9:30 A.M., before: Judge Robert J. Morris, Jr., Judge Nelly N. Khouzam, Judge Anthony K. Black. 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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