INDIAN RIVER MEMORIAL HOSPITAL, INC., Petitioner(s) v. ARLENE ANDERSON, as Personal Representative of the ESTATE OF ZACHARY TAYLOR ANDERSON, deceased, Respondent(s).
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4D2024-2577
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2024-10-07
|
Open
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|
Classification |
Original Proceedings - Circuit Civil - Certiorari
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Court |
4th District Court of Appeal
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Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, Indian River County
312024CA000178
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Parties
Name |
INDIAN RIVER MEMORIAL HOSPITAL, INC.
|
Role |
Petitioner
|
Status |
Active
|
Representations |
James Douglas DeChurch, Marc Jason Schleier
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|
Name |
Arlene Anderson
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Role |
Respondent
|
Status |
Active
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Representations |
Joni Adea Mosely, Ariel Tai Ryan Nicholas Lett
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|
Name |
Estate of Zachary Taylor Anderson, deceased
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Role |
Respondent
|
Status |
Active
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|
Name |
Hon. Cynthia L Cox
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Role |
Judge/Judicial Officer
|
Status |
Active
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|
Name |
Indian River Clerk
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Role |
Lower Tribunal Clerk
|
Status |
Active
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Docket Entries
Docket Date |
2024-11-05
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Type |
Motions Extensions
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Subtype |
Motion for Extension of Time to File Response
|
Description |
Motion for Extension of Time to File Response
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Docket Date |
2024-10-31
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Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
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Docket Date |
2024-11-08
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Type |
Order
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Subtype |
Order on Motion for Extension of Time to File Response
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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.
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View |
View File
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Docket Date |
2024-11-06
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Type |
Motions Extensions
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Subtype |
Motion for Extension of Time to File Response
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Description |
Corrected Motion for Extension of Time to File Response
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Docket Date |
2024-10-16
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Type |
Order
|
Subtype |
Show Cause re Petition
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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.
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View |
View File
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Docket Date |
2024-10-11
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Type |
Miscellaneous Document
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Subtype |
Pay Case Filing Fee-300
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Description |
Pay Case Filing Fee-300
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On Behalf Of |
Indian River Memorial Hospital, Inc.
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View |
View File
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Docket Date |
2024-10-07
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Type |
Record
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Subtype |
Appendix to Petition
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Description |
Appendix to Petition
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Docket Date |
2024-10-07
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Type |
Petition
|
Subtype |
Petition Certiorari
|
Description |
Petition Certiorari
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Docket Date |
2024-12-19
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Type |
Order
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Subtype |
Order on Motion for Extension of Time to File Response
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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.
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View |
View File
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Docket Date |
2024-12-17
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Type |
Motions Extensions
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Subtype |
Motion for Extension of Time to File Response
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Description |
Petitioner's Motion for Extension of Time to File Reply to Respondent's Response to Petition for Writ of Certiorari
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Docket Date |
2024-12-17
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Type |
Response
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Subtype |
Response
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Description |
Respondent's Response to Petition for Writ of Certiorari
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Docket Date |
2024-12-05
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Type |
Order
|
Subtype |
Order on Motion for Extension of Time to File Response
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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.
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View |
View File
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Docket Date |
2024-12-04
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Type |
Motions Extensions
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Subtype |
Motion for Extension of Time to File Response
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Description |
Motion for Extension of Time to File Response
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Docket Date |
2024-11-05
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Type |
Order
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Subtype |
Order Striking Filing
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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.
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View |
View File
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Docket Date |
2024-10-07
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Type |
Letter
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Subtype |
Acknowledgment Letter
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Description |
Acknowledgment Letter
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View |
View File
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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
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4D2020-1355
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2020-06-10
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Closed
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Classification |
Original Proceedings - Administrative - Review Non-Final Agency Action
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Court |
4th District Court of Appeal
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Originating Court |
Administrative Agency
20-001761MA
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Parties
Name |
Cleveland Clinic Indian River Hospital
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Role |
Petitioner
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Status |
Active
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|
Name |
INDIAN RIVER MEMORIAL HOSPITAL, INC.
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Role |
Petitioner
|
Status |
Active
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Representations |
James D. DeChurch, Marc Jason Schleier
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|
Name |
Susan F. Pearson
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Role |
Respondent
|
Status |
Active
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|
Name |
Estate of Kimberly A. Pearson
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Role |
Respondent
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Status |
Active
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|
Name |
Scott H. Pearson
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Role |
Respondent
|
Status |
Active
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Representations |
Jorge E. Silva
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Docket Entries
Docket Date |
2020-09-24
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Type |
Motions Other
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Subtype |
Request for Emergency Treatment
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Description |
Request for Emergency Treatment
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On Behalf Of |
Indian River Memorial Hospital, Inc.
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Docket Date |
2020-09-11
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Type |
Response
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Subtype |
Response
|
Description |
Response
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On Behalf Of |
Scott H. Pearson
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|
Docket Date |
2020-09-04
|
Type |
Motions Other
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Subtype |
Motion For Review
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Description |
Motion For Review
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On Behalf Of |
Indian River Memorial Hospital, Inc.
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|
Docket Date |
2020-08-25
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Type |
Response
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Subtype |
Response
|
Description |
Response
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On Behalf Of |
Indian River Memorial Hospital, Inc.
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Docket Date |
2020-08-10
|
Type |
Motions Other
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Subtype |
Motion for Sanctions
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Description |
Motion for sanctions
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On Behalf Of |
Scott H. Pearson
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Docket Date |
2020-07-31
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Type |
Response
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Subtype |
Reply to Response
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Description |
Reply to Response
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On Behalf Of |
Indian River Memorial Hospital, Inc.
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Docket Date |
2020-07-31
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Type |
Motions Relating to Oral Argument
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Subtype |
Motion/Request for Oral Argument
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Description |
Request for Oral Argument
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On Behalf Of |
Indian River Memorial Hospital, Inc.
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Docket Date |
2020-09-29
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Type |
Disposition
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Subtype |
Denied
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Description |
Denied - Order by Judge
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Docket Date |
2020-09-29
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Type |
Disposition by Order
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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.
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Docket Date |
2020-09-25
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Type |
Order
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Subtype |
Order on Request for Emergency Treatment
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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.
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Docket Date |
2020-07-22
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Type |
Order
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Subtype |
Order on Motion for Extension of Time to Reply to Response
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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.
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Docket Date |
2020-07-21
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Type |
Motions Extensions
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Subtype |
Motion Extension of Time To Reply To Response
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Description |
Motion Extension of TimeTo Reply To Response
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On Behalf Of |
Indian River Memorial Hospital, Inc.
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Docket Date |
2020-07-20
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Type |
Record
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Subtype |
Appendix to Response
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Description |
Appendix to Response
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On Behalf Of |
Scott H. Pearson
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Docket Date |
2020-07-20
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Type |
Order
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Subtype |
Order Striking Filing
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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.
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Docket Date |
2020-07-17
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Type |
Response
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Subtype |
Response
|
Description |
Response
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On Behalf Of |
Scott H. Pearson
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|
Docket Date |
2020-07-17
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Type |
Record
|
Subtype |
Appendix to Response
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Description |
Appendix to Response ~ **STRICKEN**
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On Behalf Of |
Scott H. Pearson
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|
Docket Date |
2020-06-30
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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.
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Docket Date |
2020-06-12
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Type |
Record
|
Subtype |
Appendix to Petition
|
Description |
Appendix to Petition
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On Behalf Of |
Indian River Memorial Hospital, Inc.
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Docket Date |
2020-06-11
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Type |
Order
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Subtype |
Order Striking Filing
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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.
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|
Docket Date |
2020-06-11
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
N-F Agency Action / Acknowledgment letter
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|
Docket Date |
2020-06-10
|
Type |
Petition
|
Subtype |
Petition Review Non-Final Admin. Action
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Description |
Petition/Review of Non Final Admin. Action ~ **Filing Fee Paid Through Portal**
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On Behalf Of |
Indian River Memorial Hospital, Inc.
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|
Docket Date |
2020-06-10
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
Case Filing Fee Paid Through Portal
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|
Docket Date |
2020-06-10
|
Type |
Record
|
Subtype |
Appendix to Petition
|
Description |
Appendix to Petition ~ **Filing Fee Paid Through Portal** **STRICKEN**
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INDIAN RIVER MEMORIAL HOSPITAL, INC., etc. VS JANE DOE NO. 44
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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
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|
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.
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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.
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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.
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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
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|
Docket Date |
2015-05-15
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix ~ TO MOTION TO MAINTAIN CONFIDENTIALITY ****IN CONFIDENTIAL FOLDER****
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On Behalf Of |
INDIAN RIVER MEMORIAL HOSPITAL
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|
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
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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.
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|
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**
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On Behalf Of |
INDIAN RIVER MEMORIAL HOSPITAL
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Docket Date |
2015-05-04
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
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LATARIUS JOHNSON VS INDIAN RIVER MEMORIAL HOSPITAL
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4D2012-4334
|
2012-12-06
|
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
312012CA00066XXXX
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Parties
Name |
LATARIUS JOHNSON
|
Role |
Appellant
|
Status |
Active
|
|
Name |
INDIAN RIVER MEMORIAL HOSPITAL, INC.
|
Role |
Appellee
|
Status |
Active
|
Representations |
Lewis W. Murphy
|
|
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 |
2013-11-25
|
Type |
Record
|
Subtype |
Returned Records
|
Description |
Returned Records
|
|
Docket Date |
2013-09-27
|
Type |
Misc. Events
|
Subtype |
Miscellaneous Docket Entry
|
Description |
Ready to Close
|
|
Docket Date |
2013-08-22
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Clerk
|
|
Docket Date |
2013-08-22
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
ORD-Sua Sponte Dismiss-Lack of Prosecution ~ ORDERED sua sponte, the above-styled case is hereby dismissed for lack of prosecution.
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Docket Date |
2013-07-26
|
Type |
Order
|
Subtype |
Show Cause
|
Description |
Show Cause Lack of Prosecution, Initial Brief ~ ORDERED, the appellant in the above-styled case is hereby directed to file with this Court, and show cause in writing, if any there be, on or before August 5, 2013, 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.
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|
Docket Date |
2013-04-30
|
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 motion filed April 25, 2013, 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 |
2013-04-25
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Mot. for Extension of time to file Initial Brief ~ (M) RESPONSE TO ORDER TO SHOW CAUSE
|
On Behalf Of |
LATARIUS JOHNSON
|
|
Docket Date |
2013-04-25
|
Type |
Response
|
Subtype |
Response
|
Description |
Response to Order to Show Cause ~ (M) AND MOTION FOR EXTENSION (SEE WHEREFORE CLAUSE)
|
On Behalf Of |
LATARIUS JOHNSON
|
|
Docket Date |
2013-04-10
|
Type |
Order
|
Subtype |
Show Cause
|
Description |
Show Cause Lack of Prosecution, Initial Brief ~ ORDERED, the appellant in the above-styled case is hereby directed to file with this Court, and show cause in writing, if any there be, on or before April 22, 2013, 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 |
2013-03-11
|
Type |
Record
|
Subtype |
Exhibits
|
Description |
Received Exhibits ~ TWO (2) ENVELOPES
|
|
Docket Date |
2013-02-08
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ OF COMPLIANCE WITH ORDER TO FILE AMENDED NOA.
|
On Behalf Of |
LATARIUS JOHNSON
|
|
Docket Date |
2013-01-28
|
Type |
Notice
|
Subtype |
Amended Notice of Appeal
|
Description |
Amended Notice of Appeal ~ CERT. COPY FILED 1/23/13
|
On Behalf Of |
LATARIUS JOHNSON
|
|
Docket Date |
2013-01-16
|
Type |
Order
|
Subtype |
Show Cause re Compliance with Prior Order
|
Description |
Order to Show Cause-Appeal Dismissal ~ 10 DAYS FAILURE TO COMPLY W/ 12/12/12 ORDER
|
|
Docket Date |
2012-12-12
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2012-12-12
|
Type |
Order
|
Subtype |
Amended/Additional Filing(s) Needed
|
Description |
Order for Amendment to Notice of Appeal
|
|
Docket Date |
2012-12-06
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
WV:Waived
|
|
Docket Date |
2012-12-06
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
LATARIUS JOHNSON
|
|
|