|
HOLY CROSS HOSPITAL, INC., et al., Petitioner(s) v. ANDREAS TOMAC, M.D., Respondent(s).
|
4D2024-2856
|
2024-11-07
|
Open
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE24-007608
|
Parties
| Name |
HOLY CROSS HOSPITAL, INC.
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
John James Goran, Stephanie Rodriguez
|
|
| Name |
TRINITY HEALTH CORPORATION
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Executive Committee of the Medical Staff of Holy Cross Hospital
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Jose Lopez, M.D.
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Andreas Tomac, M.D.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Michael Raymond Lowe, Brian Evander
|
|
| Name |
Hon. Michael A Robinson
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Broward Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-11-07
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Pay Case Filing Fee-300
|
| On Behalf Of |
Holy Cross Hospital, Inc.
|
| View |
View File
|
|
| Docket Date |
2024-11-07
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-11-07
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
|
| Docket Date |
2024-11-07
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition Certiorari
|
|
|
|
Maria Joanna Lazzari, etc., v. Pablo Guzman, M.D., et al., Respondent(s)
|
SC2024-1565
|
2024-10-31
|
Open
|
|
| Classification |
Discretionary Review - Notice to Invoke - Direct Conflict of Decisions
|
| Court |
Supreme Court of Florida
|
| Originating Court |
4th District Court of Appeal
4D2023-0268, 4D2023-0384;
|
Parties
| Name |
Maria Joanna Lazzari
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Philip Dixon Parrish, Ivan Cabrera, Brent Matthew Reitman, Scott Sam Liberman
|
|
| Name |
Morela Lazzari
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Pablo Guzman, M.D.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Austin Atkinson, John James Goran
|
|
| Name |
HOLY CROSS HOSPITAL, INC.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Hon. Carol-Lisa Phillips
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
4DCA Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Broward Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-11-12
|
| Type |
Brief
|
| Subtype |
Juris Initial
|
| Description |
Jurisdictional Brief with Appendix
|
| On Behalf Of |
Maria Joanna Lazzari
|
| View |
View File
|
|
| Docket Date |
2024-10-31
|
| Type |
Event
|
| Subtype |
Fee Paid Through Portal
|
| Description |
Fee Paid Through Portal
|
|
| Docket Date |
2024-10-31
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Pay Case Filing Fee-300
|
| On Behalf Of |
Maria Joanna Lazzari
|
| View |
View File
|
|
| Docket Date |
2024-10-31
|
| Type |
Letter-Case
|
| Subtype |
Acknowledgment Letter-New Case-Pay Fee
|
| Description |
The Florida Supreme Court has received the Notice to Invoke Discretionary Jurisdiction reflecting a filing date of October 31, 2024, seeking review of opinion dated July 3, 2024, in which rehearing was denied October 2, 2024.
|
| View |
View File
|
|
| Docket Date |
2024-10-31
|
| Type |
Notice
|
| Subtype |
Invoke Discretionary Jurisdiction
|
| Description |
Notice to Invoke Discretionary Jurisdiction
|
| On Behalf Of |
Maria Joanna Lazzari
|
| View |
View File
|
|
| Docket Date |
2024-12-12
|
| Type |
Brief
|
| Subtype |
Juris Answer
|
| Description |
Respondents' Brief on Jurisdiction
|
| On Behalf Of |
Pablo Guzman, M.D.
|
| View |
View File
|
|
|
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PABLO GUZMAN, M.D. and HOLY CROSS HOSPITAL, INC., Appellant(s) v. MARIA JOANNA LAZZARI, the Plenary Guardian of the Person and Property of MORELA lAZZARI, Appellee(s).
|
4D2023-0384
|
2023-02-13
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE21-010977
|
Parties
| Name |
Pablo Guzman, M.D.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Richard Ryan Rivas, John Goran
|
|
| Name |
HOLY CROSS HOSPITAL, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Morela Lazzari
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Carol-Lisa Phillips
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Maria Joanna Lazzari
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Philip D. Parrish, Ivan Francis Cabrera, Scott S. Liberman, Lewis N. Jack, Jr.
|
|
Docket Entries
| Docket Date |
2024-02-14
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
NOTICE OF FILING LOWER TRIBUNAL'S DISPOSITION OF DEFENDANT/APPELLANT'S RULE 1.540 MOTION
AND RELATED PLEADINGS AND TRANSCRIPT
|
|
| Docket Date |
2024-01-30
|
| Type |
Order
|
| Subtype |
Order on Motion to Relinquish Jurisdiction
|
| Description |
Order on Motion to Relinquish Jurisdiction
|
| View |
View File
|
|
| Docket Date |
2023-07-10
|
| Type |
Order
|
| Subtype |
Order Vacating/Withdrawing Order
|
| Description |
ORD-Amended Order ~ ORDERED that this court's June 28, 2023 order is amended as follows: ORDERED that appellants' June 23, 2023 motion to consolidate is granted, and case numbers 4D23-268 and 4D23-384 are now consolidated for all purposes and are to proceed under the time schedule for a final appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D23-268.
|
|
| Docket Date |
2023-02-13
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| Description |
Order Requiring Amended Certificate Service ~ The certificate of service attached to the notice of appeal or petition does not comply in substance with the requirements of Florida Rule of General Practice and Judicial Administration 2.516(f) and Florida Rule of Appellate Procedure 9.420(d). Therefore, it is ORDERED that appellant shall file in this court, within five (5) days from the date of this order, an amended certificate of service which shall specify the party each attorney represents and include the names, current mailing addresses, and email service addresses for all served with the notice of appeal or petition.
|
|
| Docket Date |
2024-07-11
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time to file Motion for Rehearing
|
|
| Docket Date |
2024-07-12
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORDERED that Appellee's July 11, 2024 motion for extension of time to file motion for rehearing is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that the certificate of service does not comply in substance with the requirements of Florida Rule of General Practice and Judicial Administration 2.516(f).
|
| View |
View File
|
|
| Docket Date |
2024-07-03
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed
|
| View |
View File
|
|
| Docket Date |
2024-03-14
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Order on Motion/Request for Oral Argument
|
| View |
View File
|
|
| Docket Date |
2024-03-01
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
'NOTICE OF TRIAL COURT'S DECISION ON REMAND
|
|
| Docket Date |
2024-02-16
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
NOTICE OF FILING HEARING TRANSCRIPT
|
| On Behalf Of |
Maria Joanna Lazzari
|
|
| Docket Date |
2024-10-31
|
| Type |
Supreme Court
|
| Subtype |
Notice to Invok. Disc. Jur. FSC
|
| Description |
Notice to Invok. Disc. Jur. FSC
|
| View |
View File
|
|
| Docket Date |
2024-08-09
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response to Motion for Rehearing
|
|
| Docket Date |
2024-10-18
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2024-10-02
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing En Banc
|
| Description |
ORDERED that Appellee's August 7, 2024 motion for rehearing, rehearing en banc, and certification is denied. Further,
ORDERED that Florida Justice Association's August 20, 2024 motions for leave to file amicus brief in support of appellee's motion for rehearing, rehearing en banc, and certification of question of great public importance is denied.
|
| View |
View File
|
|
| Docket Date |
2024-10-02
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-09-05
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response in Opposition to Appellee's Motion for Rehearing
|
|
| Docket Date |
2024-09-03
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Motion for Leave to file Amicus Brief
|
|
| Docket Date |
2024-08-21
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to File Amicus Curiae Brief
|
| Description |
MOTION FOR LEAVE TO FILE AMICUS BRIEF IN SUPPORT OF APPELLEE'S MOTION FOR REHEARING, REHEARING EN BANC, AND CERTIFICATION
OF QUESTION OF GREAT PUBLIC IMPORTANCE
|
|
| Docket Date |
2024-08-21
|
| Type |
Brief
|
| Subtype |
Amicus Curiae Brief
|
| Description |
**Proposed**AMICUS BRIEF OF FLORIDA JUSTICE ASSOCIATION IN SUPPORT OF APPELLEE'S MOTION FOR REHEARING, REHEARING EN BANC, AND CERTIFICATION OF QUESTION OF GREAT PUBLIC IMPORTANCE
|
| View |
View File
|
|
| Docket Date |
2024-08-20
|
| Type |
Brief
|
| Subtype |
Amicus Curiae Brief
|
| Description |
Amicus Curiae Brief
|
| View |
View File
|
|
| Docket Date |
2024-08-20
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to File Amicus Curiae Brief
|
| Description |
Motion to File Amicus Curiae Brief
|
|
| Docket Date |
2024-08-13
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
ORDERED that Appellant's August 9, 2024 motion for extension of time is granted, and the time for filing a response to Appellee's August 7, 2024 Motion for Rehearing and Rehearing En Banc and Certification of Question of Great Public Importance is extended to and including September 5, 2024.
|
| View |
View File
|
|
| Docket Date |
2024-08-07
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing and Rehearing En Banc
|
| Description |
Motion for Rehearing and Rehearing En Banc
|
|
| Docket Date |
2024-07-15
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
ORDERED that Appellee's July 12, 2024 corrected motion for extension of time is granted, and Appellee may serve any post-opinion motions within twenty (20) days from the current due date.
|
| View |
View File
|
|
| Docket Date |
2024-07-12
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Corrected Motion for Extension of Time to file Motion for Rehearing
|
|
| Docket Date |
2023-12-07
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE TO MOTION FOR TEMPORARY RELINQUISHMENT OF JURISDICTION
|
|
| Docket Date |
2023-12-01
|
| Type |
Motions Other
|
| Subtype |
Motion To Relinquish Jurisdiction
|
| Description |
MOTION FOR TEMPORARY RELINQUISHMENT OF JURISDICTION
|
| On Behalf Of |
Pablo Guzman, M.D.
|
|
| Docket Date |
2023-11-17
|
| Type |
Order
|
| Subtype |
Order on Motion For Substitution of Parties
|
| Description |
Order on Motion For Substitution of Parties
|
| View |
View File
|
|
| Docket Date |
2023-11-16
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion For Substitution of Parties
|
| Description |
Motion For Substitution of Parties
|
| On Behalf Of |
Maria Joanna Lazzari
|
|
| Docket Date |
2023-10-06
|
| Type |
Motion
|
| Subtype |
Request-Oral Argument
|
| Description |
Request for Oral Argument **AMENDED**
|
| On Behalf Of |
Pablo Guzman, M.D.
|
| View |
View File
|
|
| Docket Date |
2023-10-05
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Order on Motion to Supplement Record
|
| View |
View File
|
|
| Docket Date |
2023-10-03
|
| Type |
Order
|
| Subtype |
Order on Motion To Strike
|
| Description |
Order on Motion To Strike
|
| View |
View File
|
|
| Docket Date |
2023-10-02
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE TO AMENDED MOTION TO SUPPLEMENT THE RECORD ON APPEAL
|
| On Behalf Of |
Pablo Guzman, M.D.
|
|
| Docket Date |
2023-09-26
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
MOTION TO STRIKE REQUEST FOR ORAL ARGUMENT
|
| On Behalf Of |
Maria Joanna Lazzari
|
|
| Docket Date |
2023-09-22
|
| Type |
Motion
|
| Subtype |
Request-Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
Pablo Guzman, M.D.
|
| View |
View File
|
|
| Docket Date |
2023-09-15
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Record ***STRICKEN FROM THE DOCKET**
|
| On Behalf Of |
Maria Joanna Lazzari
|
|
| Docket Date |
2023-09-15
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement Record
|
|
| Docket Date |
2023-09-14
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Order on Motion to Supplement Record
|
| View |
View File
|
|
| Docket Date |
2023-09-11
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Record (4 PAGES) **PROPOSED**
|
| On Behalf Of |
Maria Joanna Lazzari
|
|
| Docket Date |
2023-09-11
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement Record
|
| On Behalf Of |
Maria Joanna Lazzari
|
|
| Docket Date |
2023-09-06
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
|
| Docket Date |
2023-08-07
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Maria Joanna Lazzari
|
|
| Docket Date |
2023-07-06
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
|
| Docket Date |
2023-06-28
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORD-Granting Consolidation ~ **AMENDED ORDER ISSUED**ORDERED that appellants' June 23, 2023 motion to consolidate is granted, and case numbers 4D23-268 and 4D23-384 are now consolidated for all purposes and are to proceed under the time schedule for a final appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D23-286.
|
|
| Docket Date |
2023-06-23
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate
|
| On Behalf Of |
Pablo Guzman, M.D.
|
|
| Docket Date |
2023-05-30
|
| Type |
Record
|
| Subtype |
Exhibits
|
| Description |
Received Exhibits ~ (1) ONE ENVELOPE--CD ROM
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2023-05-24
|
| Type |
Record
|
| Subtype |
Transcript
|
| Description |
Transcript Received ~ 1544 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2023-05-19
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Pablo Guzman, M.D.
|
|
| Docket Date |
2023-05-16
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order for Status Report Re: ROA ~ Upon consideration of the Notice of Inability to Complete the Record on Appeal filed by the clerk of the lower tribunal on May 15, 2023, it is ORDERED that appellants shall file a report, within three (3) days from the date of this order, as to the status of the preparation of the record on appeal.
|
|
| Docket Date |
2023-05-15
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF INABILITY TO COMPLETE THE RECORD
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2023-03-07
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellants’ March 3, 2023 motion for reinstatement 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).
|
|
| Docket Date |
2023-03-07
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Reinstatement
|
| Description |
Motion For Reinstatement
|
| On Behalf Of |
Pablo Guzman, M.D.
|
|
| Docket Date |
2023-03-03
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit
|
| On Behalf Of |
Pablo Guzman, M.D.
|
|
| Docket Date |
2023-03-03
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Reinstatement
|
| Description |
Motion For Reinstatement ~ ***STRICKEN***
|
| On Behalf Of |
Pablo Guzman, M.D.
|
|
| Docket Date |
2023-03-02
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk ~ (Reinstated 3/07/23)
|
|
| Docket Date |
2023-03-02
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ Invoice voided
|
| On Behalf Of |
Pablo Guzman, M.D.
|
|
| Docket Date |
2023-03-02
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismiss-No Filing Fee ~ ORDERED sua sponte that the above-styled appeal is dismissed for non-payment of the $300.00 filing fee.
|
|
| Docket Date |
2023-02-13
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Maria Joanna Lazzari
|
|
| Docket Date |
2023-02-13
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2023-02-13
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
|
|
PABLO GUZMAN, M.D. and HOLY CROSS HOSPITAL, INC., Appellant(s) v. MARIA JOANNA LAZZARI as Personal Representative of the Estate of MORELA LAZZARI, Appellee(s).
|
4D2023-0268
|
2023-01-27
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE21-010977
|
Parties
| Name |
Pablo Guzman, M.D.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Austin Atkinson, Richard Ryan Rivas, John Goran, Stewart G. Milch
|
|
| Name |
HOLY CROSS HOSPITAL, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Morela Lazzari
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Carol-Lisa Phillips
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
FLORIDA JUSTICE ASSOCIATION, INC.
|
| Role |
Amicus Curiae
|
| Status |
Active
|
| Representations |
John Stewart Mills
|
|
| Name |
Maria Joanna Lazzari
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Ivan Francis Cabrera, Scott S. Liberman, Lewis N. Jack, Jr., Philip D. Parrish
|
|
Docket Entries
| Docket Date |
2024-10-31
|
| Type |
Supreme Court
|
| Subtype |
Notice to Invok. Disc. Jur. FSC
|
| Description |
Notice to Invok. Disc. Jur. FSC
|
| View |
View File
|
|
| Docket Date |
2024-07-12
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORDERED that Appellee's July 11, 2024 motion for extension of time to file motion for rehearing is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that the certificate of service does not comply in substance with the requirements of Florida Rule of General Practice and Judicial Administration 2.516(f).
|
| View |
View File
|
|
| Docket Date |
2024-10-02
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing En Banc
|
| Description |
ORDERED that Appellee's August 7, 2024 motion for rehearing, rehearing en banc, and certification is denied. Further,
ORDERED that Florida Justice Association's August 20, 2024 motions for leave to file amicus brief in support of appellee's motion for rehearing, rehearing en banc, and certification of question of great public importance is denied.
|
| View |
View File
|
|
| Docket Date |
2023-10-03
|
| Type |
Order
|
| Subtype |
Order on Motion To Strike
|
| Description |
Order on Motion To Strike
|
| View |
View File
|
|
| Docket Date |
2023-10-02
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE TO AMENDED MOTION TO SUPPLEMENT THE RECORD ON APPEAL
|
| On Behalf Of |
Pablo Guzman, M.D.
|
|
| Docket Date |
2023-09-22
|
| Type |
Motion
|
| Subtype |
Request-Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
Pablo Guzman, M.D.
|
| View |
View File
|
|
| Docket Date |
2023-09-15
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement Record
|
|
| Docket Date |
2023-09-14
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Order on Motion to Supplement Record
|
| View |
View File
|
|
| Docket Date |
2023-09-11
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Record (4 PAGES) **PROPOSED**
|
| On Behalf Of |
Maria Joanna Lazzari
|
|
| Docket Date |
2023-09-11
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement Record
|
| On Behalf Of |
Maria Joanna Lazzari
|
|
| Docket Date |
2023-09-06
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Pablo Guzman, M.D.
|
| View |
View File
|
|
| Docket Date |
2023-08-07
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Maria Joanna Lazzari
|
| View |
View File
|
|
| Docket Date |
2023-07-10
|
| Type |
Order
|
| Subtype |
Order Vacating/Withdrawing Order
|
| Description |
ORD-Amended Order ~ ORDERED that this court's June 28, 2023 order is amended as follows: ORDERED that appellants' June 23, 2023 motion to consolidate is granted, and case numbers 4D23-268 and 4D23-384 are now consolidated for all purposes and are to proceed under the time schedule for a final appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D23-268.
|
|
| Docket Date |
2023-07-06
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Pablo Guzman, M.D.
|
| View |
View File
|
|
| Docket Date |
2023-06-28
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORD-Granting Consolidation ~ **AMENDED ORDER ISSUED**ORDERED that appellants' June 23, 2023 motion to consolidate is granted, and case numbers 4D23-268 and 4D23-384 are now consolidated for all purposes and are to proceed under the time schedule for a final appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D23-286.
|
|
| Docket Date |
2023-06-23
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate ~ W/4D23-0384
|
| On Behalf Of |
Pablo Guzman, M.D.
|
|
| Docket Date |
2023-05-31
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 days, to July 6, 2023.
|
|
| Docket Date |
2023-05-31
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Pablo Guzman, M.D.
|
|
| Docket Date |
2023-05-23
|
| Type |
Order
|
| Subtype |
Order on Motion to Appear Pro Hac Vice
|
| Description |
Ord-Leave to Appear Pro Hac Vice ~ ORDERED that appellants’ May 22, 2023 verified motion for permission to appear pro hac vice is granted, and Austin Atkinson, Esquire is permitted to appear in this appeal as counsel for appellants. Austin Atkinson, Esquire is advised that this court does not send paper documents to attorneys and he or she shall register for this court’s eDCA system and the Florida Courts E-Filing Portal within five (5) days from the date of this order.
|
|
| Docket Date |
2023-05-22
|
| Type |
Misc. Events
|
| Subtype |
Pro Hac Vice Fee Paid through Portal
|
| Description |
PRO HAC VICE FEE PAID THROUGH PORTAL ~ AUSTIN ATKINSON
|
| On Behalf Of |
Pablo Guzman, M.D.
|
|
| Docket Date |
2023-05-22
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion to Appear Pro Hac Vice
|
| Description |
Mot. to appear pro hac vice ~ AUSTIN ATKINSON
|
| On Behalf Of |
Pablo Guzman, M.D.
|
|
| Docket Date |
2023-04-27
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ (5441 PAGES)
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2023-03-29
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 60 days, to June 6, 2023
|
|
| Docket Date |
2023-03-29
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Pablo Guzman, M.D.
|
|
| Docket Date |
2023-03-27
|
| Type |
Order
|
| Subtype |
Order on Motion to Appear Pro Hac Vice
|
| Description |
Ord-Leave to Appear Pro Hac Vice ~ ORDERED that the appellants’ March 24, 2023 verified motion for permission to appear pro hac vice is granted, and Stewart G. Milch, Esquire is permitted to appear in this appeal as counsel for appellants. Steward G. Milch, Esquire is advised that this court does not send paper documents to attorneys and he or she shall register for this court’s eDCA system and the Florida Courts E-Filing Portal within five (5) days from the date of this order.
|
|
| Docket Date |
2023-03-24
|
| Type |
Misc. Events
|
| Subtype |
Pro Hac Vice Fee Paid through Portal
|
| Description |
PRO HAC VICE FEE PAID THROUGH PORTAL
|
| On Behalf Of |
Pablo Guzman, M.D.
|
|
| Docket Date |
2023-03-24
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion to Appear Pro Hac Vice
|
| Description |
Mot. to appear pro hac vice
|
| On Behalf Of |
Pablo Guzman, M.D.
|
|
| Docket Date |
2023-03-22
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ CONFORMED COPY OF FINAL JUDGMENT
|
| On Behalf Of |
Pablo Guzman, M.D.
|
|
| Docket Date |
2023-03-20
|
| Type |
Order
|
| Subtype |
Order Reclassifying Case
|
| Description |
ORD-Appeal is Designated as a Final ~ ORDERED that appellant is directed to file, within fifteen (15) days from the date of this order, a conformed copy of the February 1, 2023 final judgment. See Fla. R. App. P. 9.110(d), (h), 9.130(h). This copy must contain a legible stamp from the clerk of the lower tribunal, showing the date and time the order being appealed was filed in that office. Further, ORDERED sua sponte that the court determines that this appeal seeks review of a final order, rather than a non–final order. Appellant may file directions to the clerk under Florida Rule of Appellate Procedure 9.200(a)(3) within ten (10) days from the date of this order, and appellee may file directions for additional documents and exhibits within ten (10) days after the appellant’s filing of directions to the clerk. The times for preparing the record on appeal, serving the index to the record on appeal, and for service of briefs are extended correspondingly.
|
|
| Docket Date |
2023-02-21
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
Pablo Guzman, M.D.
|
|
| Docket Date |
2023-02-17
|
| Type |
Misc. Events
|
| Subtype |
Court Reporter Acknowledgement Letter
|
| Description |
Court Reporter Acknowledgement Letter
|
|
| Docket Date |
2023-02-13
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Maria Joanna Lazzari
|
|
| Docket Date |
2023-02-02
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
AA - File Statement for Basis of Jurisdiction ~ 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 January 16, 2023 order is an appealable final or nonfinal order, as it appears the order merely grants a motion for additur without entering a final judgment; and whether the January 16 order could be construed as an order granting a new trial. See Fla. R. App. P. 9.020(h)(1), 9.130(a)(4) (providing "[o]rders disposing of motions for rehearing or motions that suspend rendition are not reviewable separately from a review of the final order"); Caufield v. Cantele, 837 So. 2d 371, 375 (Fla. 2002) ("A final judgment is one which ends the litigation between the parties and disposes of all issues involved such that no further action by the court will be necessary."); Stanberry v. Escambia Cnty., 813 So. 2d 278, 280 (Fla. 1st DCA 2002) (rejecting argument that an order granting remittitur could be construed as an order granting a new trial when the order did not grant a new trial in the event remittitur was rejected). Further,Appellee may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2023-01-30
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Pablo Guzman, M.D.
|
|
| Docket Date |
2023-01-30
|
| 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 (2021), 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.
|
|
| Docket Date |
2023-01-30
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2023-01-27
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2023-01-27
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Pablo Guzman, M.D.
|
|
| Docket Date |
2024-10-18
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2024-10-02
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-09-05
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response in Opposition to Appellee's Motion for Rehearing
|
|
| Docket Date |
2024-09-03
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Motion for Leave to file Amicus Brief
|
|
| Docket Date |
2024-08-21
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to File Amicus Curiae Brief
|
| Description |
MOTION FOR LEAVE TO FILE AMICUS BRIEF IN SUPPORT OF APPELLEE'S MOTION FOR REHEARING, REHEARING EN BANC, AND CERTIFICATION
OF QUESTION OF GREAT PUBLIC IMPORTANCE
|
|
| Docket Date |
2024-08-21
|
| Type |
Brief
|
| Subtype |
Amicus Curiae Brief
|
| Description |
**Proposed**AMICUS BRIEF OF FLORIDA JUSTICE ASSOCIATION IN SUPPORT OF APPELLEE'S MOTION FOR REHEARING, REHEARING EN BANC, AND CERTIFICATION OF QUESTION OF GREAT PUBLIC IMPORTANCE
|
| View |
View File
|
|
| Docket Date |
2024-08-20
|
| Type |
Brief
|
| Subtype |
Amicus Curiae Brief
|
| Description |
Amicus Curiae Brief
|
| View |
View File
|
|
| Docket Date |
2024-08-20
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to File Amicus Curiae Brief
|
| Description |
Motion to File Amicus Curiae Brief
|
|
| Docket Date |
2024-08-13
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
ORDERED that Appellant's August 9, 2024 motion for extension of time is granted, and the time for filing a response to Appellee's August 7, 2024 Motion for Rehearing and Rehearing En Banc and Certification of Question of Great Public Importance is extended to and including September 5, 2024.
|
| View |
View File
|
|
| Docket Date |
2024-08-09
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response to Motion for Rehearing
|
|
| Docket Date |
2024-08-07
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing and Rehearing En Banc
|
| Description |
Motion for Rehearing and Rehearing En Banc
|
|
| Docket Date |
2024-07-15
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
ORDERED that Appellee's July 12, 2024 corrected motion for extension of time is granted, and Appellee may serve any post-opinion motions within twenty (20) days from the current due date.
|
| View |
View File
|
|
| Docket Date |
2024-07-12
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Corrected Motion for Extension of Time to file Motion for Rehearing
|
|
| Docket Date |
2024-07-11
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time to file Motion for Rehearing
|
|
| Docket Date |
2024-07-03
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed
|
| View |
View File
|
|
| Docket Date |
2024-03-14
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Order on Motion/Request for Oral Argument
|
| View |
View File
|
|
| Docket Date |
2024-03-01
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
'NOTICE OF TRIAL COURT'S DECISION ON REMAND
|
|
| Docket Date |
2024-02-16
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
NOTICE OF FILING HEARING TRANSCRIPT
|
| On Behalf Of |
Maria Joanna Lazzari
|
|
| Docket Date |
2024-02-14
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
NOTICE OF FILING LOWER TRIBUNAL'S DISPOSITION OF DEFENDANT/APPELLANT'S RULE 1.540 MOTION
AND RELATED PLEADINGS AND TRANSCRIPT
|
|
| Docket Date |
2024-01-30
|
| Type |
Order
|
| Subtype |
Order on Motion to Relinquish Jurisdiction
|
| Description |
Order on Motion to Relinquish Jurisdiction
|
| View |
View File
|
|
| Docket Date |
2023-12-07
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE TO MOTION FOR TEMPORARY RELINQUISHMENT OF JURISDICTION
|
|
| Docket Date |
2023-12-01
|
| Type |
Motions Other
|
| Subtype |
Motion To Relinquish Jurisdiction
|
| Description |
MOTION FOR TEMPORARY RELINQUISHMENT OF JURISDICTION
|
| On Behalf Of |
Pablo Guzman, M.D.
|
|
| Docket Date |
2023-11-17
|
| Type |
Order
|
| Subtype |
Order on Motion For Substitution of Parties
|
| Description |
Order on Motion For Substitution of Parties
|
| View |
View File
|
|
| Docket Date |
2023-11-16
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion For Substitution of Parties
|
| Description |
Motion For Substitution of Parties
|
| On Behalf Of |
Maria Joanna Lazzari
|
|
| Docket Date |
2023-10-06
|
| Type |
Motion
|
| Subtype |
Request-Oral Argument
|
| Description |
Request for Oral Argument **AMENDED**
|
| On Behalf Of |
Pablo Guzman, M.D.
|
| View |
View File
|
|
| Docket Date |
2023-10-05
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Order on Motion to Supplement Record
|
| View |
View File
|
|
| Docket Date |
2023-09-26
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
MOTION TO STRIKE REQUEST FOR ORAL ARGUMENT
|
| On Behalf Of |
Maria Joanna Lazzari
|
|
| Docket Date |
2023-09-15
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Record ***STRICKEN FROM THE DOCKET**
|
| On Behalf Of |
Maria Joanna Lazzari
|
|
|
|
JENNIFER M. CARRASQUILLO, M.D. and HOLY CROSS HOSPITAL, INC. d/b/a HOLY CROSS MEDICAL GROUP VS LAWRENCE PETER METZLER, JR., as Personal Representative of the Estate of WENDY M. METZLER, Deceased
|
4D2022-2393
|
2022-08-30
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE19-022758
|
Parties
| Name |
Holy Cross Medical Group
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Jennifer M. Carrasquillo, M.D.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
John Goran, R. Ryan Rivas
|
|
| Name |
HOLY CROSS HOSPITAL, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Abiog, M.D.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Specialist in Diagnostic Imaging/ NationalRad
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Wendy M. Metzler
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Mogensen PLLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Lawrence Peter Metzler, Jr.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Alyssa Tornberg, Jonathan M. Midwall, Sean F. Thompson, Scott S. Liberman
|
|
| Name |
Mogensen, M.D.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Carlos A. Rodriguez
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-10-12
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ Invoice voided
|
| On Behalf Of |
Jennifer M. Carrasquillo, M.D.
|
|
| Docket Date |
2022-09-16
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the September 15, 2022 notice of voluntary dismissal, this case is dismissed.
|
|
| Docket Date |
2022-09-16
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2022-09-15
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
Jennifer M. Carrasquillo, M.D.
|
|
| Docket Date |
2022-09-06
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
AA - File Statement for Basis of Jurisdiction ~ ORDERED that, within ten (10) days from the date of this order, appellants 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. Appellants shall specifically address how the August 6, 2022 order is an appealable final or nonfinal order, as it appears the order merely grants a motion for attorney's fees without awarding an amount of fees. See Schmidt v. Schmidt, 319 So. 3d 65 (Fla. 4th DCA 2021) ("An order merely finding entitlement to attorney's fees is a non-final, non-appealable order."); Winkelman v. Toll, 632 So. 2d 130, 131 (Fla. 4th DCA 1994). Further,Appellee may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2022-09-01
|
| 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 (2021), 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.
|
|
| Docket Date |
2022-09-01
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-08-30
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Jennifer M. Carrasquillo, M.D.
|
|
| Docket Date |
2022-08-30
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
|
LAWRENCE PETER METZLER, JR., Appellant(s) v. CAROLINA GLADYS VALDEZ, M.D., et al., Appellee(s).
|
4D2022-2078
|
2022-08-01
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE19-022758
|
Parties
| Name |
Lawrence Peter Metzler, Jr.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Scott S. Liberman, Brent M. Reitman, Ivan Francis Cabrera, Sean F. Thompson, Philip D. Parrish
|
|
| Name |
Holy Cross Medical Group
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Michael C. Abiog, M.D.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Carolina Gladys Valdez, M.D.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Alyssa Tornberg, Jonathan M. Midwall, Richard Ryan Rivas
|
|
| Name |
Jennifer M. Carrasquillo, M.D.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SPECIALISTS IN DIAGNOSTIC IMAGING, P.A.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Mogensen Consulting, PLLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HOLY CROSS HOSPITAL, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Monique Annette Morgensen, M.D.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
NationalRad
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Carlos Augusto Rodriguez
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
9999-10-11
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ 22-2019 & 22-2078 ARE CONSOLIDATED FOR ALL PURPOSES AND SHALL PROCEED UNDER 22-2019. SEE 10/10/2022 ORDER.
|
|
| Docket Date |
2024-01-24
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-01-24
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2024-01-03
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed in Part/Reversed in Part
|
| Description |
Affirmed in Part/Reversed in Part
|
| View |
View File
|
|
| Docket Date |
2023-12-08
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order on Motion For Attorney's Fees
|
| View |
View File
|
|
| Docket Date |
2023-10-04
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Order on Motion/Request for Oral Argument
|
| View |
View File
|
|
| Docket Date |
2023-08-29
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
|
| Docket Date |
2023-08-14
|
| Type |
Brief
|
| Subtype |
Cross-Reply Brief
|
| Description |
Appellee/Cross-Appellant's Reply Brief
|
| On Behalf Of |
Lawrence Peter Metzler, Jr.
|
|
| Docket Date |
2023-07-28
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Cross-Reply Brief
|
| Description |
Order Granting EOT for Cross-Reply Brief ~ ORDERED that appellee/cross-appellant's July 27, 2023 motion for extension of time is granted, and appellee/cross-appellant shall file the cross-reply brief and serve it upon opposing counsel on or before August 14, 2023. In addition, if the cross-reply brief is served after the time provided for in this order, it may be stricken.
|
|
| Docket Date |
2023-07-27
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ TO FILE CROSS-APPELLANT'S REPLY BRIEF
|
| On Behalf Of |
Lawrence Peter Metzler, Jr.
|
|
| Docket Date |
2023-06-30
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief ~ AND CROSS-ANSWER BRIEF
|
|
| Docket Date |
2023-06-23
|
| Type |
Order
|
| Subtype |
Order on Motion to Appear Pro Hac Vice
|
| Description |
Ord-Leave to Appear Pro Hac Vice ~ ORDERED that Austin Atkinson's June 21, 2023 verified motion for permission to appear pro hac vice is granted, and Austin Atkinson, Esquire is permitted to appear in this appeal as counsel for appellants.
|
|
| Docket Date |
2023-06-21
|
| Type |
Misc. Events
|
| Subtype |
Pro Hac Vice Fee Paid through Portal
|
| Description |
PRO HAC VICE FEE PAID THROUGH PORTAL
|
|
| Docket Date |
2023-06-21
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion to Appear Pro Hac Vice
|
| Description |
Mot. to appear pro hac vice
|
|
| Docket Date |
2023-05-10
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order Granting EOT for Appellant's Reply Brief ~ ORDERED that appellants/cross-appellees’ May 8, 2023 motion for extension of time is granted, and appellants/cross-appellees shall serve the reply brief/cross-answer brief on or before June 30, 2023. In addition, if the reply brief/cross-answer brief is served after the time provided for in this order, it may be stricken.
|
|
| Docket Date |
2023-05-08
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief
|
|
| Docket Date |
2023-04-24
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Lawrence Peter Metzler, Jr.
|
|
| Docket Date |
2023-04-24
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ AND INITIAL BRIEF ON CROSS APPEAL
|
| On Behalf Of |
Lawrence Peter Metzler, Jr.
|
|
| Docket Date |
2023-04-24
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
Lawrence Peter Metzler, Jr.
|
|
| Docket Date |
2023-03-31
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee/cross-appellant's March 30, 2023 motion for extension of time is granted in part, without prejudice to seeking a further extension if necessary. Appellee shall serve the answer brief within fifteen (15) days from the current due date. 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 |
2023-03-30
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ AND CROSS-APPELLANT'S INITIAL BRIEF
|
| On Behalf Of |
Lawrence Peter Metzler, Jr.
|
|
| Docket Date |
2023-02-28
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ AND CROSS-APPELLANT'S INITIAL BRIEF
|
| On Behalf Of |
Lawrence Peter Metzler, Jr.
|
|
| Docket Date |
2022-12-19
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
Lawrence Peter Metzler, Jr.
|
|
| Docket Date |
2022-12-09
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
|
| Docket Date |
2022-12-02
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-12-02
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ AMENDED; 73 PAGES; PAGES 2771 to 2805
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-10-13
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF INABILITY TO COMPLETE THE RECORD
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-10-13
|
| Type |
Misc. Events
|
| Subtype |
Court Reporter Acknowledgement Letter
|
| Description |
Court Reporter Acknowledgement Letter
|
|
| Docket Date |
2022-10-13
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 2265 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-10-10
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORD-Granting Consolidation ~ ORDERED that the appellee's unopposed October 6, 2022 motion to consolidate is granted, and the above–styled case numbers are now consolidated for all purposes and are to proceed under the time schedule for a final appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D22-2019.
|
|
| Docket Date |
2022-10-07
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Lawrence Peter Metzler, Jr.
|
|
| Docket Date |
2022-10-07
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 90 DAYS TO 1/5/23
|
|
| Docket Date |
2022-10-06
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate
|
| On Behalf Of |
Lawrence Peter Metzler, Jr.
|
|
| Docket Date |
2022-08-01
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-08-01
|
| 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 (2021), 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.
|
|
| Docket Date |
2022-08-01
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Lawrence Peter Metzler, Jr.
|
|
| Docket Date |
2022-08-01
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Lawrence Peter Metzler, Jr.
|
|
|
|
JENNIFER M. CARRASQUILLO, M.D., et al., Appellant(s) v. LAWRENCE PETER METZLER, JR., etc., et al., Appellee(s).
|
4D2022-2019
|
2022-07-26
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE19-022758
|
Parties
| Name |
Jennifer Carrasquillo, M.D.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Stewart G. Milch, Richard Ryan Rivas, John Goran, Austin Atkinson
|
|
| Name |
Holy Cross Medical Group
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
HOLY CROSS HOSPITAL, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Wendy M. Metzler
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Lawrence Peter Metzler, Jr.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Scott S. Liberman, Philip D. Parrish
|
|
| Name |
Carlos Augusto Rodriguez
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-01-24
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-01-24
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2024-01-03
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed in Part/Reversed in Part
|
| Description |
Affirmed in Part/Reversed in Part
|
| View |
View File
|
|
| Docket Date |
2023-12-08
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order on Motion For Attorney's Fees
|
| View |
View File
|
|
| Docket Date |
2023-10-04
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Order on Motion/Request for Oral Argument
|
| View |
View File
|
|
| Docket Date |
2023-08-29
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
Jennifer Carrasquillo, M.D.
|
|
| Docket Date |
2023-08-14
|
| Type |
Brief
|
| Subtype |
Cross-Reply Brief
|
| Description |
Appellee/Cross-Appellant's Reply Brief
|
| On Behalf Of |
Lawrence Peter Metzler, Jr.
|
|
| Docket Date |
2023-07-28
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Cross-Reply Brief
|
| Description |
Order Granting EOT for Cross-Reply Brief ~ ORDERED that appellee/cross-appellant's July 27, 2023 motion for extension of time is granted, and appellee/cross-appellant shall file the cross-reply brief and serve it upon opposing counsel on or before August 14, 2023. In addition, if the cross-reply brief is served after the time provided for in this order, it may be stricken.
|
|
| Docket Date |
2023-07-27
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ TO FILE CROSS-APPELLANT'S REPLY BRIEF
|
| On Behalf Of |
Lawrence Peter Metzler, Jr.
|
|
| Docket Date |
2023-06-30
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief ~ AND CROSS-ANSWER BRIEF
|
| On Behalf Of |
Jennifer Carrasquillo, M.D.
|
|
| Docket Date |
2023-06-23
|
| Type |
Order
|
| Subtype |
Order on Motion to Appear Pro Hac Vice
|
| Description |
Ord-Leave to Appear Pro Hac Vice ~ ORDERED that Austin Atkinson's June 21, 2023 verified motion for permission to appear pro hac vice is granted, and Austin Atkinson, Esquire is permitted to appear in this appeal as counsel for appellants.
|
|
| Docket Date |
2023-06-21
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion to Appear Pro Hac Vice
|
| Description |
Mot. to appear pro hac vice
|
| On Behalf Of |
Jennifer Carrasquillo, M.D.
|
|
| Docket Date |
2023-06-21
|
| Type |
Misc. Events
|
| Subtype |
Pro Hac Vice Fee Paid through Portal
|
| Description |
PRO HAC VICE FEE PAID THROUGH PORTAL
|
| On Behalf Of |
Jennifer Carrasquillo, M.D.
|
|
| Docket Date |
2023-05-10
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order Granting EOT for Appellant's Reply Brief ~ ORDERED that appellants/cross-appellees’ May 8, 2023 motion for extension of time is granted, and appellants/cross-appellees shall serve the reply brief/cross-answer brief on or before June 30, 2023. In addition, if the reply brief/cross-answer brief is served after the time provided for in this order, it may be stricken.
|
|
| Docket Date |
2023-05-08
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief
|
| On Behalf Of |
Jennifer Carrasquillo, M.D.
|
|
| Docket Date |
2023-04-24
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
Lawrence Peter Metzler, Jr.
|
|
| Docket Date |
2023-04-24
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ AND INITIAL BRIEF ON CROSS APPEAL
|
| On Behalf Of |
Lawrence Peter Metzler, Jr.
|
|
| Docket Date |
2023-04-24
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Lawrence Peter Metzler, Jr.
|
|
| Docket Date |
2023-03-31
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee/cross-appellant's March 30, 2023 motion for extension of time is granted in part, without prejudice to seeking a further extension if necessary. Appellee shall serve the answer brief within fifteen (15) days from the current due date. 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 |
2023-03-30
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ AND CROSS-APPELLANT'S INITIAL BRIEF
|
| On Behalf Of |
Lawrence Peter Metzler, Jr.
|
|
| Docket Date |
2023-02-28
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 04/08/2023
|
|
| Docket Date |
2023-02-28
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ AND CROSS-APPELLANT'S INITIAL BRIEF
|
| On Behalf Of |
Lawrence Peter Metzler, Jr.
|
|
| Docket Date |
2022-12-19
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 60 DAYS TO 03/09/2023
|
|
| Docket Date |
2022-12-19
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
Lawrence Peter Metzler, Jr.
|
|
| Docket Date |
2022-12-09
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Jennifer Carrasquillo, M.D.
|
|
| Docket Date |
2022-12-02
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-12-02
|
| Type |
Record
|
| Subtype |
Transcript
|
| Description |
Transcript Received ~ 3,379 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-10-13
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 2265 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-10-13
|
| Type |
Misc. Events
|
| Subtype |
Court Reporter Acknowledgement Letter
|
| Description |
Court Reporter Acknowledgement Letter
|
|
| Docket Date |
2022-10-13
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF INABILITY TO COMPLETE THE RECORD
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-10-10
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORD-Granting Consolidation ~ ORDERED that the appellee's unopposed October 6, 2022 motion to consolidate is granted, and the above–styled case numbers are now consolidated for all purposes and are to proceed under the time schedule for a final appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D22-2019.
|
|
| Docket Date |
2022-10-06
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate
|
| On Behalf Of |
Lawrence Peter Metzler, Jr.
|
|
| Docket Date |
2022-10-06
|
| Type |
Order
|
| Subtype |
Order on Motion to Appear Pro Hac Vice
|
| Description |
Ord-Leave to Appear Pro Hac Vice ~ ORDERED that Stewart G. Milch's September 30, 2022 verified motion for permission to appear pro hac vice is granted, and Stewart G. Milch, Esquire is permitted to appear in this appeal as counsel for appellants. Stewart G. Milch, Esquire is advised that this court does not send paper documents to attorneys and he shall register for this court’s eDCA system and the Florida Courts E-Filing Portal within five (5) days from the date of this order.
|
|
| Docket Date |
2022-10-04
|
| Type |
Misc. Events
|
| Subtype |
Pro Hac Vice Fee Paid through Portal
|
| Description |
PRO HAC VICE FEE PAID THROUGH PORTAL
|
| On Behalf Of |
Jennifer Carrasquillo, M.D.
|
|
| Docket Date |
2022-10-03
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Jennifer Carrasquillo, M.D.
|
|
| Docket Date |
2022-10-03
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 90 DAYS TO 01/02/2023
|
|
| Docket Date |
2022-09-30
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ **STRICKEN**
|
| On Behalf Of |
Jennifer Carrasquillo, M.D.
|
|
| Docket Date |
2022-09-30
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion to Appear Pro Hac Vice
|
| Description |
Mot. to appear pro hac vice
|
| On Behalf Of |
Jennifer Carrasquillo, M.D.
|
|
| Docket Date |
2022-09-30
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellants' September 30, 2022 agreed extension of time 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 |
2022-08-03
|
| Type |
Misc. Events
|
| Subtype |
Cross-Notice Filing Fee Paid through Portal
|
| Description |
CROSS NOTICE FILING FEE PAID THROUGH PORTAL
|
| On Behalf Of |
Lawrence Peter Metzler, Jr.
|
|
| Docket Date |
2022-08-02
|
| Type |
Notice
|
| Subtype |
Notice of Cross Appeal
|
| Description |
Notice of Cross Appeal ~ CERTIFIED COPY FROM CIRCUIT COURT
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-07-29
|
| Type |
Notice
|
| Subtype |
Notice of Cross Appeal
|
| Description |
Notice of Cross Appeal
|
| On Behalf Of |
Lawrence Peter Metzler, Jr.
|
|
| Docket Date |
2022-07-28
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-07-28
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Jennifer Carrasquillo, M.D.
|
|
| Docket Date |
2022-07-28
|
| 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 (2021), 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.
|
|
| Docket Date |
2022-07-26
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Jennifer Carrasquillo, M.D.
|
|
| Docket Date |
2022-07-26
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
|
CASSANDRA HARVEY VS HOLY CROSS HOSPITAL, INC. and THYSSENKRUPP ELEVATOR CORPORATION
|
4D2021-1465
|
2021-04-28
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE20-002366
|
Parties
| Name |
CASSANDRA HARVEY, LLC
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Aaron A. Karger
|
|
| Name |
HOLY CROSS HOSPITAL, INC.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Kenneth W. Morgan, Richard P. Hermann, I I
|
|
| Name |
Thyssenkrupp Elevator Corp.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Hon. Sandra Perlman
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-05-11
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2021-04-29
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Writ of Certiorari / Acknowledgment letter
|
|
| Docket Date |
2021-04-28
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2021-04-28
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition ~ *FILING FEE PAID ELECTRONICALLY
|
|
| Docket Date |
2021-04-28
|
| Type |
Motions Other
|
| Subtype |
Motion To Relinquish Jurisdiction
|
| Description |
Motion To Relinquish Jurisdiction
|
|
| Docket Date |
2021-04-28
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed ~ *FILING FEE PAID ELECTRONICALLY
|
| On Behalf Of |
Cassandra Harvey
|
|
| Docket Date |
2021-05-11
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order-Original Proceeding Dismissed ~ ORDERED that the petition for writ of certiorari is dismissed for failure to establish irreparable harm. See Williams v. Oken, 62 So. 3d 1129, 1132 (Fla. 2011); Bared & Co., Inc. v. McGuire, 670 So. 2d 153 (Fla. 4th DCA 1996). Further,ORDERED that petitioner’s April 28, 2021 motion to relinquish jurisdiction is denied as moot.LEVINE, C.J., GERBER and FORST, JJ., concur.
|
|
|
|
MONIQUE ANNETTE MOGENSEN, M.D., MOGENSEN CONSULTING, PLLC, MICHAEL C. ABIOG, M.D., and SPECIALISTS IN DIAGNOSTIC IMAGING, P.A., etc. VS LAWRENCE PETER METZLER, JR., as Personal Representative of the ESTATE OF WENDY M. METZLER, deceased, et al.
|
4D2021-0950
|
2021-03-01
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE19-022758
|
Parties
| Name |
Michael C. Abiog, M.D.
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Monique Annette Mogensen, M.D.
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Therese Ann Savona
|
|
| Name |
NationalRad
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Mogensen Consulting, PLLC
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
SPECIALISTS IN DIAGNOSTIC IMAGING, P.A.
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Estate of Wendy M. Metzler, deceased
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
MRI SCAN & IMAGING CENTERS, INC.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
MRI SCAN CENTER, LLC
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Jennifer M. Carrasquillo, M.D.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Carolina Gladys Valdes, M.D.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Lawrence Peter Metzler, Jr.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Brent M. Reitman, Sean F. Thompson, Scott S. Liberman, R. Ryan Rivas, Steven Osher, Ivan Francis Cabrera, John Goran
|
|
| Name |
Holy Cross Medical Group
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
HOLY CROSS HOSPITAL, INC.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Hon. Carlos A. Rodriguez
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-03-09
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2021-03-09
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order-Original Proceeding Dismissed ~ ORDERED that the petition for writ of certiorari is dismissed for failure to establish irreparable harm. See Williams v. Oken, 62 So. 3d 1129, 1132 (Fla. 2011); Bared & Co., Inc. v. McGuire, 670 So. 2d 153 (Fla. 4th DCA 1996).GROSS, MAY and ARTAU, JJ., concur.
|
|
| Docket Date |
2021-03-03
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Writ of Certiorari / Acknowledgment letter
|
|
| Docket Date |
2021-03-01
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
|
| Docket Date |
2021-03-01
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed ~ **Filing Fee Paid Through Portal**
|
| On Behalf Of |
Monique Annette Mogensen, M.D.
|
|
| Docket Date |
2021-03-01
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
|
|
|
HOLY CROSS HOSPITAL, INC., THOMAS LESCHER, M.D., and ELIE SCHOCHET, M.D. VS MARTHA NORELID, as Personal Representative of the ESTATE OF JAN NORELID
|
4D2019-1076
|
2019-04-15
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE 16-018831
|
Parties
| Name |
THOMAS LESCHER, M.D
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
HOLY CROSS HOSPITAL, INC.
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Thomas C. Heath, Aneta A. McCleary, Dinah Stein, Mark Hicks
|
|
| Name |
ELIE SCHOCHET, M.D.
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
MARTHA NORELID
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
ALAINA FOTIU-WOJTOWICZ, BRETT M. ROSEN, Christine A. Brown, Benjamin Brodsky, Kenneth W. Morgan
|
|
| Name |
ESTATE OF JAN NORELID
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Hon. Patti Englander Henning
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2019-07-16
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the July 10, 2019 notice of voluntary dismissal, this case is dismissed.
|
|
| Docket Date |
2019-07-16
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2019-07-10
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
HOLY CROSS HOSPITAL, INC.
|
|
| Docket Date |
2019-05-08
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT to file Response ~ ORDERED that respondent's May 6, 2019 motion for extension of time is granted, and the time for filing a response to petitioners’ April 15, 2019 petition for writ of certiorari is extended to and including June 12, 2019.
|
|
| Docket Date |
2019-05-06
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
| On Behalf Of |
MARTHA NORELID
|
|
| Docket Date |
2019-04-25
|
| 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. Petitioners may file a reply within ten (10) days of service of the response.
|
|
| Docket Date |
2019-04-16
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
| On Behalf Of |
HOLY CROSS HOSPITAL, INC.
|
|
| Docket Date |
2019-04-15
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed ~ ***FILING FEE PAID THROUGH PORTAL***
|
| On Behalf Of |
HOLY CROSS HOSPITAL, INC.
|
|
| Docket Date |
2019-04-15
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition ~ ***FILING FEE PAID THROUGH PORTAL*** ***STRICKEN***
|
| On Behalf Of |
HOLY CROSS HOSPITAL, INC.
|
|
| Docket Date |
2019-04-15
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument ~ ***FILINF FEE PAID THROUGH PORTAL***
|
| On Behalf Of |
HOLY CROSS HOSPITAL, INC.
|
|
| Docket Date |
2019-04-15
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2019-04-16
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Writ of Certiorari / Acknowledgment letter
|
|
| Docket Date |
2019-04-16
|
| 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 Writ of Certiorari 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 bookmarked 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.
|
|
|
|
MARIA JOANNA LAZZARI, etc., VS UNIVERSITY OF MIAMI, etc., et al.,
|
3D2019-0597
|
2019-03-29
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
17-11031
|
Parties
| Name |
Maria Joanna Lazzari
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
SEAN F. THOMPSON, IVAN F. CABRERA, Joel S. Perwin, SCOTT S. LIBERMAN
|
|
| Name |
Pablo Guzman, M.D.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Sabrina Levin, Marc J. Schleier, Christopher E. Knight, ERIN GASKIN, DAVID P. DRAIGH, MARC P. GANZ, ABIGAIL PRICE-WILLIAMS, JENNIFER L. HOCHSTADT, Ryan A. Ulloa, Raoul G. Cantero
|
|
| Name |
PUBLIC HEALTH TRUST
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
UNIVERSITY OF MIAMI
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HOLY CROSS HOSPITAL, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Tomas Antonio Salerno, M.D.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Daryl E. Trawick
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-11-17
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2020-11-17
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2020-10-28
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Opinion
|
|
| Docket Date |
2020-10-06
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ 3DCA
|
|
| Docket Date |
2020-09-08
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ NOTICE OF ACKNOWLEDGMENT
|
| On Behalf Of |
Pablo Guzman, M.D.
|
|
| Docket Date |
2020-09-03
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ NOTICE OF ACKNOWLEDGMENT
|
| On Behalf Of |
Pablo Guzman, M.D.
|
|
| Docket Date |
2020-08-12
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ NOTICE OF ACKNOWLEDGMENT
|
| On Behalf Of |
Pablo Guzman, M.D.
|
|
| Docket Date |
2020-08-10
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ NOTICE OF ACKNWLEDGMENT
|
| On Behalf Of |
Pablo Guzman, M.D.
|
|
| Docket Date |
2020-08-07
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ NOTICE OF ACKNOWLEDGMENT
|
| On Behalf Of |
Maria Joanna Lazzari
|
|
| Docket Date |
2020-03-18
|
| Type |
Order
|
| Subtype |
Order Dispensing with Oral Argument
|
| Description |
Cause Removed from O/A calendar (OG55) ~ This cause is removed from the oral argument calendar of Wednesday, May 13, 2020 at 9:30 o'clock a.m., to be reset at a later date.
|
|
| Docket Date |
2020-03-16
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion For Continuation of Oral Argument
|
| Description |
Motion For Continuation of Oral Argument ~ APPELLEE'S UNOPPOSED MOTIONTO RESCHEDULE ORAL ARGUMENT
|
| On Behalf Of |
Pablo Guzman, M.D.
|
|
| Docket Date |
2020-02-12
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ DEFENDANTS, PABLO GUZMAN, M.D. AND HOLY CROSS HOSPITAL, INC.'S NOTICE OF DESIGNATION OF EMAIL ADDRESSES
|
| On Behalf Of |
Pablo Guzman, M.D.
|
|
| Docket Date |
2020-02-10
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Maria Joanna Lazzari
|
|
| Docket Date |
2020-02-10
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ APPELLEE UNIVERSITY OF MIAMI d/b/a MILLER SCHOOL OF MEDICINE'S MOTION FOR APPELLATE ATTORNEYS' FEES AND COSTS
|
| On Behalf Of |
Pablo Guzman, M.D.
|
|
| Docket Date |
2020-01-16
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Extension granted to file reply brief NFE (OG05A) ~ Appellant’s Notice of Agreed Extension of Time to Serve Reply Brief is treated as a motion for an extension of time to file the reply brief and is granted to and including February 19, 2020, with no further extensions allowed.
|
|
| Docket Date |
2020-01-14
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time ~ NOTICE OF AGREED EXTENSIONOF TIME TO SERVE REPLY BRIEF
|
| On Behalf Of |
Maria Joanna Lazzari
|
|
| Docket Date |
2019-12-20
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ APPELLEE UNIVERSITY OF MIAMI'S ANSWER BRIEF
|
| On Behalf Of |
Pablo Guzman, M.D.
|
|
| Docket Date |
2019-12-20
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ APPENDIX TO APPELLEE UNIVERSITY OF MIAMI'S ANSWER BRIEF
|
| On Behalf Of |
Pablo Guzman, M.D.
|
|
| Docket Date |
2019-12-03
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Extension granted to file answer brief NFE (OG04A) ~ Appellee University of Miami d/b/a/ Miller School of Medicine’s Unopposed Motion for Extension of Time to File the Answer Brief is granted to and including January 2, 2020, with no further extensions allowed. If said brief is not timely filed in accordance with this Order, the appellee(s) will be precluded from filing an answer brief and/or presenting oral argument to the Court in this cause.
|
|
| Docket Date |
2019-11-26
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ APPELLEE'S UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE ANSWER BRIEF
|
| On Behalf Of |
Pablo Guzman, M.D.
|
|
| Docket Date |
2019-10-29
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ AB (University of Miami d/b/a Miller School of Medicine)-30 days to 11/29/19
|
|
| Docket Date |
2019-10-25
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
Pablo Guzman, M.D.
|
|
| Docket Date |
2019-09-24
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ AB (University of Miami d/b/a Miller School of Medicine)-30 days to 10/30/19
|
|
| Docket Date |
2019-09-23
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
Pablo Guzman, M.D.
|
|
| Docket Date |
2019-08-27
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ AB (University of Miami d/b/a Miller School of Medicine)-30 days to 9/30/19
|
|
| Docket Date |
2019-08-26
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Pablo Guzman, M.D.
|
|
| Docket Date |
2019-07-23
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ AB (University of Miami d/b/a Miller School of Medicine)-30 days to 8/29/19
|
|
| Docket Date |
2019-07-23
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
Pablo Guzman, M.D.
|
|
| Docket Date |
2019-06-27
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Maria Joanna Lazzari
|
|
| Docket Date |
2019-06-27
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
Maria Joanna Lazzari
|
|
| Docket Date |
2019-06-04
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2019-05-28
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB-30 days to 7/3/19
|
|
| Docket Date |
2019-05-24
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
Maria Joanna Lazzari
|
|
| Docket Date |
2019-05-24
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Mot to Supplement Rec w/attachment Granted (OG13) ~ Appellant’s May 22, 2019 agreed motion to supplement the record is granted, and the record on appeal is supplemented to include the February 25, 2019 transcript contained in the appendix to said motion.
|
|
| Docket Date |
2019-05-22
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement the Record ~ AGREED MOTION TO SUPPLEMENT RECORD ON APPEAL
|
| On Behalf Of |
Maria Joanna Lazzari
|
|
| Docket Date |
2019-05-22
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ APPENDIX TO AGREED MOTION TO SUPPLEMENT RECORD ON APPEAL
|
| On Behalf Of |
Maria Joanna Lazzari
|
|
| Docket Date |
2019-04-03
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Pablo Guzman, M.D.
|
|
| Docket Date |
2019-03-29
|
| Type |
Notice
|
| Subtype |
Notice of Appeal Transmittal Form
|
| Description |
Notice of Transmittal--NOA
|
| On Behalf Of |
Maria Joanna Lazzari
|
|
| Docket Date |
2019-03-29
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. **The $300 filing fee for an appeal is due.
|
|
| Docket Date |
2019-03-29
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Maria Joanna Lazzari
|
|
| Docket Date |
2020-10-28
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Attorney Fees Granted (OG47) ~ Upon consideration of Appellee University of Miami d/b/a Miller School of Medicine’s Motion for Appellate Attorneys’ Fees and Costs, it is ordered that said Motion is conditionally granted, contingent upon the trial court’s determination that the offer of judgment satisfies the conditions of section 768.79, Florida Statutes, and Florida Rule of Civil Procedure 1.442.
|
|
| Docket Date |
2020-09-02
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ NOTICE OF ACKNOWLEDGMENT
|
| On Behalf Of |
Maria Joanna Lazzari
|
|
| Docket Date |
2020-08-05
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ NOTICE OF ACKNOWLEDGMENT
|
| On Behalf Of |
Pablo Guzman, M.D.
|
|
| Docket Date |
2020-03-13
|
| Type |
Notice
|
| Subtype |
Notice of Oral Argument
|
| Description |
Notice of Oral Argument ~ The above-styled cause has been provisionally set for oral argument on WEDNESDAY, MAY 13, 2020, FILLIN "Date and time" \* MERGEFORMAT at 9:30 o’clock A.M., before the Third District Court of Appeal which is located at 2001 S.W. 117 Avenue; Miami, Florida 33175-1716.The parties will be allowed FILLIN "10, 15 or 20 minutes" \* MERGEFORMAT TEN (10) minutes per side to present their arguments.The Court reserves the right to remove the case from the oral argument calendar at any time before the date of oral argument.However, if you, or someone who is planning on coming to the argument, has been: Exposed to someone with COVID-19 Been to a region with COVID-19 cases Sneezing, coughing, or having a fever or flu-like symptoms Please consider filing a motion to reschedule your oral argument until such time as it can be determined that you do not have the virus. Similar or related cases should be brought to the attention of the Oral Argument Clerk at (305) 229-3200 ext. 3258. No further notice concerning oral argument will be given and all counsel are expected to be in the courtroom at the time stated. Absence of counsel at the time this case is called shall be deemed a waiver of oral argument.
|
|
|
|
MARTHA NORELID, as personal representative of the ESTATE OF JAN NORELID VS HOLY CROSS HOSPITAL, INC., et al.
|
4D2019-0454
|
2019-02-18
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE16-018831 (26)
|
Parties
| Name |
ESTATE OF JAN NORELID
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
MARTHA NORELID
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
ALAINA FOTIU-WOJTOWICZ, Benjamin Brodsky, BRETT M. ROSEN
|
|
| Name |
HOLY CROSS HOSPITAL, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Thomas C. Heath, Kenneth W. Morgan, ALINE O. MARCANTONIO, Dinah Stein
|
|
| Name |
EDWARD COOPERSMITH, M.D.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
THOMAS LESCHER, M.D
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ELIE SCHOCHET, M.D.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Patti Englander Henning
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2019-03-05
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2019-03-05
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the March 1, 2019 notice of voluntary dismissal, this case is dismissed.
|
|
| Docket Date |
2019-03-01
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
MARTHA NORELID
|
|
| Docket Date |
2019-02-27
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
MARTHA NORELID
|
|
| Docket Date |
2019-02-21
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
HOLY CROSS HOSPITAL, INC.
|
|
| Docket Date |
2019-02-20
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
AA - File Statement for Basis of Jurisdiction ~ 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 "final order on defendant's motion for partial summary judgment as to count I of the amended complaint for failure to state a proper cause of action due to insufficient presuit" is an appealable order, as it appears that other counts remain pending. See Taddie Underground Utility Co., Inc. v. Sloan Pump Co., Inc., 497 So. 2d 701 (Fla. 2d DCA 1986) (as the disposed of actions in the partial summary judgment and the remaining causes of action are interrelated, the court held that there was no appealable final judgment); S.L.T. Warehouse Co. v. Webb, 304 So. 2d 97, 99 (Fla. 1974) (“If an order does not finally end the judicial labor required, piecemeal appeals will not be permitted where claims are interrelated and involve the same transaction and the same parties remain in the suit.”); furtherAppellee may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2019-02-20
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2019-02-19
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2019-02-19
|
| 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. 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 circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2019-02-18
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
MARTHA NORELID
|
|
| Docket Date |
2019-02-18
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
|
LUKAS MORAN, a minor, etc., et al. VS WILLIAM T. JOYNER, M.D., et al.
|
4D2015-2900
|
2015-07-30
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
09-29544 07
|
Parties
| Name |
LUKAS MORAN
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
LINDA A. ALLEY (DNU)
|
|
| Name |
JOSEPH MORAN
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
CANDESS MORAN
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
ORLANDO MILAN, M.D.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
WILLIAM T. JOYNER, M.D., P.A.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
HOLY CROSS HOSPITAL, INC.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
WILLIAM T. JOYNER, M.D.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Richard Thomas Woulfe, JENNIFER S. MULLIGAN, Dinah Stein, Thomas C. Heath
|
|
| Name |
Hon. Jack B. Tuter
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2015-11-13
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
Order Denying Petition for Writ - Certiorari ~ ORDERED that the July 30, 2015 petition for writ of certiorari is denied.
|
|
| Docket Date |
2015-11-13
|
| Type |
Disposition
|
| Subtype |
Denied
|
| Description |
Denied - Order by Judge
|
|
| Docket Date |
2015-10-01
|
| Type |
Notice
|
| Subtype |
Notice of Joinder in Filing
|
| Description |
Notice of Joinder
|
| On Behalf Of |
WILLIAM T. JOYNER, M.D.
|
|
| Docket Date |
2015-09-18
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition ~ (SUPPLEMENTAL)
|
| On Behalf Of |
LUKAS MORAN
|
|
| Docket Date |
2015-09-18
|
| 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 September 9, 2015 motion for extension of time is granted and the time for filing a reply to the response is extended fourteen (14) days from the date of this order. No further extensions will be granted for the reply to response.
|
|
| Docket Date |
2015-09-18
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Response ~ TO S/C ORDER
|
| On Behalf Of |
LUKAS MORAN
|
|
| Docket Date |
2015-09-09
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time
|
| On Behalf Of |
LUKAS MORAN
|
|
| Docket Date |
2015-09-03
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
WILLIAM T. JOYNER, M.D.
|
|
| Docket Date |
2015-08-31
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response ~ TO S/C ORDER
|
| On Behalf Of |
WILLIAM T. JOYNER, M.D.
|
|
| Docket Date |
2015-08-31
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause
|
| On Behalf Of |
WILLIAM T. JOYNER, M.D.
|
|
| Docket Date |
2015-08-28
|
| Type |
Order
|
| Subtype |
Order Vacating/Withdrawing Order
|
| Description |
ORD-Amended Order ~ ORDERED that this court's August 27, 2015 order is amended as follows: ORDERED that respondent's August 21, 2015 motion for extension of time is granted,and the time for filing a response is extended to and including August 31, 2015.
|
|
| Docket Date |
2015-08-27
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT to file Response ~ ORDERED that respondent's August 21, 2015 motion for extension of time is granted, and the time for filing a response is extended to and including August 31, 2015; further,ORDERED that petitioner may file a reply within ten (10) days thereafter.
|
|
| Docket Date |
2015-08-21
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
| On Behalf Of |
WILLIAM T. JOYNER, M.D.
|
|
| Docket Date |
2015-08-13
|
| Type |
Order
|
| Subtype |
Show Cause re Petition
|
| Description |
ORD-Writs Show Cause with Reply ~ **NO REPLY NEEDED** ORDERED that respondent shall file a response within ten (10) days and show cause why the petition should not be granted.
|
|
| Docket Date |
2015-08-13
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
WILLIAM T. JOYNER, M.D.
|
|
| Docket Date |
2015-07-31
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Writ of Certiorari / Acknowledgment letter
|
|
| Docket Date |
2015-07-31
|
| 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 |
2015-07-30
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
| On Behalf Of |
LUKAS MORAN
|
|
| Docket Date |
2015-07-30
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2015-07-30
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed
|
| On Behalf Of |
LUKAS MORAN
|
|
|
