|
INDIAN RIVER MEMORIAL HOSPITAL, INC., Petitioner(s) v. ARLENE ANDERSON, as Personal Representative of the ESTATE OF ZACHARY TAYLOR ANDERSON, deceased, Respondent(s).
|
4D2024-2577
|
2024-10-07
|
Open
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, Indian River County
312024CA000178
|
Parties
| Name |
INDIAN RIVER MEMORIAL HOSPITAL, INC.
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
James Douglas DeChurch, Marc Jason Schleier
|
|
| Name |
Arlene Anderson
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Joni Adea Mosely, Ariel Tai Ryan Nicholas Lett
|
|
| Name |
Estate of Zachary Taylor Anderson, deceased
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Hon. Cynthia L Cox
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Indian River Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-11-05
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
|
| Docket Date |
2024-10-31
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
|
| Docket Date |
2024-11-08
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
ORDERED that Respondent's November 6, 2024 motion for extension of time is granted. The time for filing a response is extended to December 5, 2024.
|
| View |
View File
|
|
| Docket Date |
2024-11-06
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Corrected Motion for Extension of Time to File Response
|
|
| Docket Date |
2024-10-16
|
| Type |
Order
|
| Subtype |
Show Cause re Petition
|
| Description |
ORDERED that Respondent shall file a response within twenty (20) days from the date of this order and show cause why the petition should not be granted. Petitioner may file a reply within ten (10) days of service of the response.
|
| View |
View File
|
|
| Docket Date |
2024-10-11
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Pay Case Filing Fee-300
|
| On Behalf Of |
Indian River Memorial Hospital, Inc.
|
| View |
View File
|
|
| Docket Date |
2024-10-07
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
|
| Docket Date |
2024-10-07
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition Certiorari
|
|
| Docket Date |
2024-12-19
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
ORDERED that Petitioner's December 17, 2024, motion for extension of time is granted. The time for filing a reply is extended to January 15, 2025.
|
| View |
View File
|
|
| Docket Date |
2024-12-17
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Petitioner's Motion for Extension of Time to File Reply to Respondent's Response to Petition for Writ of Certiorari
|
|
| Docket Date |
2024-12-17
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Respondent's Response to Petition for Writ of Certiorari
|
|
| Docket Date |
2024-12-05
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
ORDERED that Respondent's December 4, 2024, motion for extension of time is granted. The time for filing a response is extended to December 16, 2024.
|
| View |
View File
|
|
| Docket Date |
2024-12-04
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
|
| Docket Date |
2024-11-05
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORDERED that Respondent's November 5, 2024 motion is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that there is no certificate of service or the certificate of service does not comply in substance with the requirements of Florida Rule of General Practice and Judicial Administration 2.516(f). You are notified of the requirement to serve the Appellee with a copy of everything you file with this court and to indicate in the certificate of service that you served the Appellee. Appellant may re-file the document with a proper certificate of service which indicates service on the Appellee within fifteen (15) days from the date of this order.
|
| View |
View File
|
|
| Docket Date |
2024-10-07
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
|
|
INDIAN RIVER MEMORIAL HOSPITAL, INC. d/b/a CLEVELAND CLINIC INDIAN RIVER HOSPITAL VS SCOTT H. PEARSON and SUSAN F. PEARSON, as Personal Representatives of the ESTATE OF KIMBERLY A. PEARSON
|
4D2020-1355
|
2020-06-10
|
Closed
|
|
| Classification |
Original Proceedings - Administrative - Review Non-Final Agency Action
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Administrative Agency
20-001761MA
|
Parties
| Name |
Cleveland Clinic Indian River Hospital
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
INDIAN RIVER MEMORIAL HOSPITAL, INC.
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
James D. DeChurch, Marc Jason Schleier
|
|
| Name |
Susan F. Pearson
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Estate of Kimberly A. Pearson
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Scott H. Pearson
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Jorge E. Silva
|
|
Docket Entries
| Docket Date |
2020-09-24
|
| Type |
Motions Other
|
| Subtype |
Request for Emergency Treatment
|
| Description |
Request for Emergency Treatment
|
| On Behalf Of |
Indian River Memorial Hospital, Inc.
|
|
| Docket Date |
2020-09-11
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Scott H. Pearson
|
|
| Docket Date |
2020-09-04
|
| Type |
Motions Other
|
| Subtype |
Motion For Review
|
| Description |
Motion For Review
|
| On Behalf Of |
Indian River Memorial Hospital, Inc.
|
|
| Docket Date |
2020-08-25
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Indian River Memorial Hospital, Inc.
|
|
| Docket Date |
2020-08-10
|
| Type |
Motions Other
|
| Subtype |
Motion for Sanctions
|
| Description |
Motion for sanctions
|
| On Behalf Of |
Scott H. Pearson
|
|
| Docket Date |
2020-07-31
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Response
|
| On Behalf Of |
Indian River Memorial Hospital, Inc.
|
|
| Docket Date |
2020-07-31
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
Indian River Memorial Hospital, Inc.
|
|
| Docket Date |
2020-09-29
|
| Type |
Disposition
|
| Subtype |
Denied
|
| Description |
Denied - Order by Judge
|
|
| Docket Date |
2020-09-29
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
Order Denying Petition for Review ~ ORDERED that the petition for review filed on June 10, 2020 is denied without prejudice to raise the issue of the denial of the motion for disqualification of arbitrators selected by respondent in any appeal of the arbitration determination. Further,ORDERED that petitioner’s September 4, 2020 motion for review is denied. Further,ORDERED that respondents’ August 10, 2020 motion for sanctions is denied.MAY, CONNER and KLINGENSMITH, JJ., concur.
|
|
| Docket Date |
2020-09-25
|
| Type |
Order
|
| Subtype |
Order on Request for Emergency Treatment
|
| Description |
Denying Request for Emergency Treatment ~ ORDERED that petitioner's September 24, 2020 request for emergency treatment is denied. The court will handle the filing in the normal course of business. No motion for rehearing as to this order will be entertained.
|
|
| Docket Date |
2020-07-22
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Reply to Response
|
| Description |
Grant EOT to Reply to Response ~ ORDERED that petitioner's July 21, 2020 motion for extension of time is granted. The time for filing a reply is extended to July 31, 2020.
|
|
| Docket Date |
2020-07-21
|
| Type |
Motions Extensions
|
| Subtype |
Motion Extension of Time To Reply To Response
|
| Description |
Motion Extension of TimeTo Reply To Response
|
| On Behalf Of |
Indian River Memorial Hospital, Inc.
|
|
| Docket Date |
2020-07-20
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
Scott H. Pearson
|
|
| Docket Date |
2020-07-20
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that respondents’ appendix to the response is stricken as not in compliance with Florida Rule of Appellate Procedure 9.220(c), which was amended effective October 1, 2017, in that it was not text searchable and contains no bookmarks as required by Rule 9.220(c)(3). An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2020-07-17
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Scott H. Pearson
|
|
| Docket Date |
2020-07-17
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response ~ **STRICKEN**
|
| On Behalf Of |
Scott H. Pearson
|
|
| Docket Date |
2020-06-30
|
| Type |
Order
|
| Subtype |
Show Cause re Petition
|
| Description |
ORD-Writs Show Cause with Reply ~ ORDERED that respondent shall file a response within twenty (20) days and show cause why the petition should not be granted. Petitioner may file a reply within ten (10) days of service of the response.
|
|
| Docket Date |
2020-06-12
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
| On Behalf Of |
Indian River Memorial Hospital, Inc.
|
|
| Docket Date |
2020-06-11
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that the petitioner's appendix to the Petition for Review of Non-Final Administrative Action is stricken as not in compliance with Florida Rule of Appellate Procedure 9.220(c), which was amended effective October 1, 2017, in that it was not properly indexed and consecutively paginated, beginning with the cover sheet as page 1, was not paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index, and contains bookmarks which are not in compliance with Rule 9.220(c)(3). An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2020-06-11
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
N-F Agency Action / Acknowledgment letter
|
|
| Docket Date |
2020-06-10
|
| Type |
Petition
|
| Subtype |
Petition Review Non-Final Admin. Action
|
| Description |
Petition/Review of Non Final Admin. Action ~ **Filing Fee Paid Through Portal**
|
| On Behalf Of |
Indian River Memorial Hospital, Inc.
|
|
| Docket Date |
2020-06-10
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
|
| Docket Date |
2020-06-10
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition ~ **Filing Fee Paid Through Portal** **STRICKEN**
|
|
|
|
KEM JOHNSON VS INDIAN RIVER MEMORIAL HOSPITAL d/b/a INDIAN RIVER MEDICAL CENTER, et al.
|
4D2017-1137
|
2017-04-17
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, Indian River County
2016CA000482
|
Parties
| Name |
KEM JOHNSON
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
INDIAN RIVER MEDICAL CENTER, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
INDIAN RIVER MEMORIAL HOSPITAL, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Reed W. Kellner
|
|
| Name |
THE BEHAVIORAL HEALTH CENTER
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HON. PAUL B. KANAREK
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Indian River
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2017-06-15
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
KEM JOHNSON
|
|
| Docket Date |
2017-04-18
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2017-10-06
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2017-10-06
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismiss-Lack of Prosecution ~ ORDERED sua sponte that the above-styled case is dismissed for lack of prosecution.
|
|
| Docket Date |
2017-09-20
|
| Type |
Order
|
| Subtype |
Order Vacating/Withdrawing Order
|
| Description |
ORD-Amended Order ~ ORDERED that this court's September 19, 2017 order is amended to correct the service list only:ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, within ten (10) days from the date of this order, why the above-styled case should not be dismissed for lack of timely prosecution, in that the appellant's initial brief has not been filed with this court as of this date. Failure to respond to this order will result in a sua sponte dismissal without further notice.If the initial brief is filed within this time, the order to show cause will be considered automatically discharged without further order. Further,ORDERED that the appellee’s September 20, 2017 “motion to confirm service of order to appellant” is determined to be moot.
|
|
| Docket Date |
2017-09-20
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ ***MOOT*** TO CONFIRM SERVICE OF ORDER TO APPELLANT
|
| On Behalf Of |
INDIAN RIVER MEMORIAL HOSPITAL
|
|
| Docket Date |
2017-09-19
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, within ten (10) days from the date of this order, why the above-styled case should not be dismissed for lack of timely prosecution, in that the appellant's initial brief has not been filed with this court as of this date. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief is filed within this time, the order to show cause will be considered automatically discharged without further order.
|
|
| Docket Date |
2017-08-01
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ (125 PAGES)
|
|
| Docket Date |
2017-07-10
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
ORD-Withdraw as Counsel ~ The June 15, 2017 motion of Guy Bennett Rubin, counsel for appellant, to withdraw as counsel is granted. Accordingly, it isORDERED that (1) this appeal is stayed for twenty (20) days from the date of this order so that new counsel, if desired, may be obtained;(2) this stay will be automatically lifted if substitute counsel files a notice of appearance prior to the end of the 20 day abatement period;(3) if no counsel has filed a notice of appearance within twenty (20) days, all pleadings shall be sent to appellant at the address appearing below; (4) if substitute counsel does not appear within twenty (20) days from the date of this order, appellant is advised that the case will move forward after the abatement period and compliance with the Florida Rules of Appellate Procedure and the rules of this court is required. Failure to comply with the rules may result in dismissal or other sanctions.
|
|
| Docket Date |
2017-04-18
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of this order. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2017-04-17
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
KEM JOHNSON
|
|
| Docket Date |
2017-04-17
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
TERRENCE KELLY, SANDRA KELLY, ET AL. VS INDIAN RIVER MEMORIAL HOSPITAL
|
4D2016-3468
|
2016-10-14
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, Indian River County
312010CA073141
|
Parties
| Name |
SANDRA KELLY
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
TERRENCE KELLY
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
ELIZABETH A. ZWIBEL, John F. Romano
|
|
| Name |
EST. OF SHANNON KELLY
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
INDIAN RIVER MEMORIAL HOSPITAL, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Rebecca Mercier Vargas, ROY WATSON, Stephanie L. Serafin, JOHN E. HALL, Duane L. Cochenour, DENISE L. DAWSON, Jane Kreusler-Walsh
|
|
| Name |
HON. GEORGE SHAHOOD
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Indian River
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2017-04-21
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the April 18, 2017 notice of voluntary dismissal, this case is dismissed.
|
|
| Docket Date |
2017-04-21
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2017-04-18
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
TERRENCE KELLY
|
|
| Docket Date |
2017-04-12
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORD-Initial Brief to be Served ~ ORDERED that appellants' March 28, 2017 motion for extension of time is granted, and appellants shall serve the initial brief within thirty (30) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case will be subject to dismissal or the court in its discretion may impose other sanctions. Appellants are advised that no further extensions will be granted absent a detailed explanation for why the initial brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant. Further, the court notes that the motion for extension of time contains no grounds for the request. Appellants are reminded that all motions must contain the grounds on which they are based. See Fla. R. App. P. 9.300(a).
|
|
| Docket Date |
2017-03-28
|
| 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 |
TERRENCE KELLY
|
|
| Docket Date |
2017-03-02
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's February 27, 2017 motion for extension of time is granted, and appellant shall serve the initial brief within thirty (30) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2017-02-28
|
| Type |
Record
|
| Subtype |
Transcript
|
| Description |
Transcript Received ~ 91 PAGES
|
|
| Docket Date |
2017-02-27
|
| 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 |
TERRENCE KELLY
|
|
| Docket Date |
2017-02-01
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
INDIAN RIVER MEMORIAL HOSPITAL
|
|
| Docket Date |
2017-01-30
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's January 26, 2017 motion for extension of time is granted, and appellant shall serve the initial brief within thirty (30) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2017-01-26
|
| 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 |
TERRENCE KELLY
|
|
| Docket Date |
2016-12-02
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time for Record
|
| Description |
ORD-Grant EOT to Complete ROA ~ ORDERED that the Clerk's November 30, 2016 motion for extension of time is granted, and the time for the clerk of the circuit court to prepare the record on appeal and serve the index to the record is extended thirty (30) days from the date of this order. All other time frames are extended accordingly. See Fla. R. App. P. 9.300(b).
|
|
| Docket Date |
2016-11-30
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time for Record
|
| Description |
Motion Extension of Time To File Record
|
|
| Docket Date |
2016-10-17
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2016-10-17
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of this order. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2016-10-14
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2016-10-14
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
TERRENCE KELLY
|
|
|
|
INDIAN RIVER MEMORIAL HOSPITAL, INC., etc. VS JANE DOE NO. 44
|
4D2015-1701
|
2015-05-04
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, Indian River County
312014CA000698
|
Parties
| Name |
INDIAN RIVER MEMORIAL HOSPITAL, INC.
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Scott A. Cole, Kathryn L. Ender
|
|
| Name |
INDIAN RIVER MEDICAL CENTER, LLC
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
JANE DOE NO. 44
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Lee Gill Cohen
|
|
| Name |
Hon. Cynthia L. Cox
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Indian River
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2015-05-27
|
| Type |
Disposition
|
| Subtype |
Denied
|
| Description |
Denied - Order by Judge
|
|
| Docket Date |
2015-05-27
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion ~ ORDERED that the unopposed motion filed May 15, 2015 is granted. This Court's May 19, 2015 order requested that petitioner file the allegedly privileged materials under seal. The materials submitted under seal, which were reviewed in camera by the trial court, shall be maintained as confidential.
|
|
| Docket Date |
2015-05-27
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
Order Denying Petition for Writ - Certiorari ~ ORDERED that the May 12, 2015 petition for writ of certiorari is denied; further, ORDERED that the petitioner's May 4, 2015 motion to stay underlying discovery order is denied.DAMOORGIAN, C.J., TAYLOR and LEVINE, JJ., Concur.
|
|
| Docket Date |
2015-05-19
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED that within ten (10) days of this order petitioner shall file under seal the documents that the trial court reviewed in camera and determined not to be protected from disclosure.
|
|
| Docket Date |
2015-05-19
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ Materials requested in 5/19/15 order are included in 5/15/15 appendix
|
|
| Docket Date |
2015-05-15
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO MOTION TO MAINTAIN CONFIDENTIALITY ****IN CONFIDENTIAL FOLDER****
|
| On Behalf Of |
INDIAN RIVER MEMORIAL HOSPITAL
|
|
| Docket Date |
2015-05-15
|
| Type |
Motions Other
|
| Subtype |
Motion to Determine Confidentiality
|
| Description |
Motion To Determine Confidentiality of Court Records
|
| On Behalf Of |
INDIAN RIVER MEMORIAL HOSPITAL
|
|
| Docket Date |
2015-05-12
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
| On Behalf Of |
INDIAN RIVER MEMORIAL HOSPITAL
|
|
| Docket Date |
2015-05-12
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed
|
| On Behalf Of |
INDIAN RIVER MEMORIAL HOSPITAL
|
|
| Docket Date |
2015-05-05
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Original Proceeding ~ The $300.00 filing fee or affidavit of indigency in conformance with sections 57.081 and 57.085, Florida Statutes, did not accompany the petition as required in Florida Rule of Appellate Procedure 9.100(b). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE PETITION IS SUBSEQUENTLY VOLUNTARILY DISMISSED OR ADVERSELY DISMISSED.ORDERED sua sponte that the $300.00 filing fee or affidavit of indigency in conformance with section 57.081 and 57.085, Florida Statutes, must be filed in this Court within ten (10) days from the date of the entry of this order. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the petition has a duty to tender the filing fee to the appellate court when the petition 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: 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 this filing fee is paid or until an affidavit of indigency is filed and indigency status is granted.
|
|
| Docket Date |
2015-05-05
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Writ of Certiorari / Acknowledgment letter
|
|
| Docket Date |
2015-05-04
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
INDIAN RIVER MEMORIAL HOSPITAL
|
|
| Docket Date |
2015-05-04
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Filed ~ (NOTICE OF INTENT) AND MOTION TO STAY. **motion to stay denied - see 5/27/15 order**
|
| On Behalf Of |
INDIAN RIVER MEMORIAL HOSPITAL
|
|
| Docket Date |
2015-05-04
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
