|
DELRAY MEDICAL CENTER, Petitioner(s) v. DR. MIRI JARECKI, as Personal Representative of the ESTATE OF DR. STEVEN JARECKI, Respondent(s).
|
4D2024-1466
|
2024-06-10
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502023CA002429
|
Parties
| Name |
DELRAY MEDICAL CENTER, INC.
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Katherine A. Gannon, Ashley Leasure, Richard Barrett Mangan, Jr.
|
|
| Name |
Dr. Miri Jarecki
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
David H Gold
|
|
| Name |
Estate of Dr. Steven Jarecki
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Hon. Scott Ryan Kerner
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Palm Beach Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-06-27
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
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).
|
| View |
View File
|
|
| Docket Date |
2024-06-20
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Amended Appendix to Petition
|
|
| Docket Date |
2024-06-20
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Amended Petition for Writ of Certiorari
|
|
| Docket Date |
2024-06-18
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix
|
| View |
View File
|
|
| Docket Date |
2024-06-10
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Case Filing Fee Paid -300
|
| View |
View File
|
|
| Docket Date |
2024-06-10
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-06-10
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order on Filing Fee
|
| View |
View File
|
|
| Docket Date |
2024-06-10
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
|
| Docket Date |
2024-06-10
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition Certiorari
|
|
|
|
OLOLADE OGUNJOBI VS STATE OF FLORIDA
|
4D2021-1275
|
2021-04-08
|
Closed
|
|
| Classification |
NOA Final - Circuit Criminal - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502021MH000957
|
Parties
| Name |
Ololade Ogunjobi
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Narine N. Austin, Public Defender-P.B.
|
|
| Name |
STATE OF FLORIDA LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Attorney General-W.P.B., Jacqueline I. Kurland
|
|
| Name |
DELRAY MEDICAL CENTER, INC.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Hon. Laura C. Burkhart
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2222-09-02
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ *APPENDIX TREATED AS RECORD - SEE 4/28/21 ORDER*
|
|
| Docket Date |
2021-11-12
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-11-12
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2021-10-14
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2021-07-26
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2021-07-02
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee's July 1, 2021 motion for extension of time is granted, and appellee shall serve the answer brief on or before July 30, 2021. In addition, appellee is notified that the failure to serve the brief within the time provided herein may foreclose appellee's right to file a brief or otherwise participate in this appeal.
|
|
| Docket Date |
2021-07-01
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2021-06-30
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Appellant's Initial Brief
|
| On Behalf Of |
Ololade Ogunjobi
|
|
| Docket Date |
2021-06-28
|
| Type |
Order
|
| Subtype |
Order on Motion To Strike
|
| Description |
Grant Motion to Strike ~ Upon consideration of appellant's June 22, 2021 response, it is ORDERED that appellee's June 15, 2021 motion to strike is granted in part, and appellant's initial brief is stricken. Appellant is directed to file an amended initial brief within twenty (20) days from the date of this order. Further, ORDERED that appellant's amended appendix is deemed filed as of the date of this order. Further, ORDERED that the time for any responsive briefing shall be tolled until service of this amended initial brief.
|
|
| Docket Date |
2021-06-22
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION TO STRIKE
|
| On Behalf Of |
Ololade Ogunjobi
|
|
| Docket Date |
2021-06-22
|
| Type |
Notice
|
| Subtype |
Notice of Confidential Information within Court Filing
|
| Description |
Notice of Confidential Information Within Court Filing
|
| On Behalf Of |
Ololade Ogunjobi
|
|
| Docket Date |
2021-06-22
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ ***AMENDED***
|
| On Behalf Of |
Ololade Ogunjobi
|
|
| Docket Date |
2021-06-15
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2021-05-19
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits ~ ***STRICKEN 6/28/21***
|
| On Behalf Of |
Ololade Ogunjobi
|
|
| Docket Date |
2021-05-10
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2021-04-28
|
| Type |
Order
|
| Subtype |
Order Reclassifying Case
|
| Description |
ORD-Writ Treated as NOA ~ ORDERED that this Court determines that a petition for writ of habeas corpus is not a proper remedy. The period of commitment in the order at issue has expired. The order is appealable and not moot. Godwin v. State, 593 So. 2d 211 (Fla. 1992). The petition is treated as a notice of appeal from the March 28, 2021 commitment order. The appendix is treated as the record on appeal. Appellant shall file an initial brief within twenty (20) days of this order with additional briefing as provided in the appellate rules. Fla. R. App. P. 9.210(g).
|
|
| Docket Date |
2021-04-26
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
| On Behalf Of |
Ololade Ogunjobi
|
|
| Docket Date |
2021-04-13
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED that the petition is not accompanied by a supporting appendix as required by Florida Rule of Appellate Procedure 9.100(g). Within ten (10) days of service of this order, petitioner shall file an appendix providing an adequate record to review the issue presented. Failure to file an appendix will result in dismissal of this proceeding. State v. S.M., 131 So. 3d 780, 784 (Fla. 2013).
|
|
| Docket Date |
2021-04-08
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Habeas Corpus / Acknowledgment letter
|
|
| Docket Date |
2021-04-08
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NF4:No Fee-Habeas Corpus
|
|
| Docket Date |
2021-04-08
|
| Type |
Petition
|
| Subtype |
Petition Habeas Corpus
|
| Description |
Petition Habeas Corpus
|
| On Behalf Of |
Ololade Ogunjobi
|
|
|
|
DELRAY MEDICAL CENTER, INC. VS LINDA STEIN and MARTIN STEIN
|
4D2020-1961
|
2020-09-04
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502019CA004283XXXMB
|
Parties
| Name |
DELRAY MEDICAL CENTER, INC.
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Christina M. Benitez, Richard B. Mangan, Jr., Katherine Gannon
|
|
| Name |
Martin Stein
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Linda Stein
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Lee Friedland
|
|
| Name |
Hon. John S. Kastrenakes
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-11-24
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
Order Denying Petition for Writ - Certiorari ~ ORDERED that the September 3, 2020 petition for writ of certiorari is denied.LEVINE, C.J., WARNER and GROSS, JJ., concur.
|
|
| Docket Date |
2020-11-24
|
| Type |
Disposition
|
| Subtype |
Denied
|
| Description |
Denied - Order by Judge
|
|
| Docket Date |
2020-11-13
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Response
|
| On Behalf Of |
Delray Medical Center, Inc.
|
|
| Docket Date |
2020-11-03
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Linda Stein
|
|
| Docket Date |
2020-11-03
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
Linda Stein
|
|
| Docket Date |
2020-10-14
|
| 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 for writ of certiorari should not be granted. Petitioner may file a reply within ten (10) days of service of the response.
|
|
| Docket Date |
2020-09-08
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition ~ AMENDED.
|
| On Behalf Of |
Delray Medical Center, Inc.
|
|
| Docket Date |
2020-09-07
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Writ of Certiorari / Acknowledgment letter
|
|
| Docket Date |
2020-09-07
|
| 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 paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index. An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2020-09-04
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition ~ **STRICKEN***FILING FEE PAID ELECTRONICALLY*
|
| On Behalf Of |
Delray Medical Center, Inc.
|
|
| Docket Date |
2020-09-04
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed ~ **FILING FEE PAID ELECTRONICALLY**
|
| On Behalf Of |
Delray Medical Center, Inc.
|
|
| Docket Date |
2020-09-04
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
|
|
|
MELISSA HOLLANDER JEDA as Personal Representative of the ESTATE OF ATTILA E. KOVACS VS JOSEPH GERASCI
|
4D2020-1920
|
2020-08-28
|
Closed
|
|
| Classification |
NOA Final - Circuit Guardianship - Guardianship
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502020GA000418XXXXNB
|
Parties
| Name |
Melissa Hollander Jeda
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Attilla Kovacs
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Maria Toth
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Anna Lenchus, Michael A. Citron, Menachem M. Mayberg
|
|
| Name |
Estate of Attila E. Kovacs
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
DELRAY MEDICAL CENTER, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Joseph Gerasci
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Carol J. Healy Glasgow, John W. Mauro
|
|
| Name |
Hon. Dina Keever-Agrama
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2222-03-19
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ **RETURNED MAIL RECEIVED FOR ANNA LENCHUS**
|
|
| Docket Date |
2021-12-03
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2021-12-03
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-11-17
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Per Curiam Opinion
|
|
| Docket Date |
2020-10-20
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 23 PAGES
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2020-10-01
|
| Type |
Misc. Events
|
| Subtype |
Order Appealed
|
| Description |
Order Appealed
|
| On Behalf Of |
Maria Toth
|
|
| Docket Date |
2021-09-29
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-Sua Sponte ~ ORDERED that the court, sua sponte, withdraws its September 14, 2021 order setting oral argument. The October 5, 2021 oral argument with respect to this case is canceled. Instead, the issues on appeal will be addressed by the court based upon the parties' briefs and filings, as well as the record on appeal.
|
|
| Docket Date |
2021-09-28
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Judicial Notice
|
| Description |
Order Granting Motion/Request for Judicial Notice ~ ORDERED that the appellee's September 20, 2021 motion for judicial notice is granted.
|
|
| Docket Date |
2021-09-27
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Response
|
| On Behalf Of |
Joseph Gerasci
|
|
| Docket Date |
2021-09-24
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ UNOPPOSED MOTION TO ACCEPT APPELLANT'S RESPONSE TO ORDERENTERED ON SEPTEMBER 22, 2021, AS TIMELY FILED
|
| On Behalf Of |
Maria Toth
|
|
| Docket Date |
2021-09-24
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion ~ ORDERED that appellant's September 24, 2021 motion to accept response to order entered on September 22, 2021 as timely filed is granted, and said response is deemed timely filed.
|
|
| Docket Date |
2021-09-24
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Maria Toth
|
|
| Docket Date |
2021-09-23
|
| Type |
Order
|
| Subtype |
Order Vacating/Withdrawing Order
|
| Description |
ORD-Amended Order ~ ORDERED that this court's September 22, 2021 Order to Show Cause is amended to extend the time in which Appellee Joseph Gerasci is provided to file a reply. The amended order is as follows: ORDERED that Appellant Melissa Hollander Jeda, as personal representative of the estate of Attila E. Kovacs, is to show cause on or before noon on September 24, 2021, as to why the appeal in Docket Number 20-1920 should not be dismissed as moot, as requested by Appellee Joseph Gerasci's September 20, 2021 "Suggestion of Mootness." Appellee may file a reply to Appellant's response no later than 3:00 p.m. on September 27, 2021.
|
|
| Docket Date |
2021-09-22
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
Order to Show Cause ~ **SEE AMENDED ORDER**ORDERED that appellant Melissa Hollander Jeda, as personal representative of the estate of Attila E. Kovacs, is to show cause on or before noon on September 24, 2021, as to why the appeal in case number 4D20-1920 should not be dismissed as moot, as requested by appellee Joseph Gerasci's September 20, 2021 "Suggestion of Mootness." Appellee may file a reply to appellant's response no later than 5:00 p.m. on September 24, 2021.
|
|
| Docket Date |
2021-09-20
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF COMPLIANCE WITH SEPTEMBER 14, 2021 COURT ORDER
|
| On Behalf Of |
Maria Toth
|
|
| Docket Date |
2021-09-20
|
| Type |
Motions Other
|
| Subtype |
Motion/Request for Judicial Notice
|
| Description |
Motion/Request for Judicial Notice
|
| On Behalf Of |
Joseph Gerasci
|
|
| Docket Date |
2021-09-14
|
| Type |
Order
|
| Subtype |
Order Re: Video Oral Argument
|
| Description |
Order Re: Video Oral Argument ~ **WITHDRAWN, SEE 09/29/2021 ORDER** ORDERED that oral argument in this case is scheduled for October 5, 2021, at 10:45 A.M. for 15 minutes per side through Zoom video conference. In criminal cases where a victim, as defined in Article I, Section 16(e) of the Florida Constitution, has invoked their right to notice under Article I, Section 16(b)(6) of the Florida Constitution, the State shall provide the victim with notice of this oral argument and of any changes to the scheduled date or time.The parties are advised that the only attorneys permitted into the Zoom meeting will be those who will be arguing before the court. Attorneys who will not be arguing before the court may watch the public live stream of the oral argument via the court's website. In addition, attorneys who will be arguing before the court shall attend a Zoom orientation/test session with court staff from 3:30pm to 3:45pm on either September 29, 2021 or October 4, 2021 at Zoom meeting ID
|
|
| Docket Date |
2021-07-21
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion ~ ORDERED that appellant's July 20, 2021 “notice of substitution and request to amend caption” is granted, and Melissa Hollander Jeda, as Personal Representative of the Estate of Attila E. Kovacs is substituted for appellant Attila Kovacs.
|
|
| Docket Date |
2021-07-20
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ NOTICE OF SUBSTITUTION AND REQUEST TO AMEND CAPTION
|
| On Behalf Of |
Maria Toth
|
|
| Docket Date |
2021-05-28
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that appellant's May 27, 2021 unopposed motion for extension of time is granted, and the above-styled appeal is stayed for sixty (60) days pending the substitution of the estate/a personal representative for appellant.
|
|
| Docket Date |
2021-05-27
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time
|
| On Behalf Of |
Maria Toth
|
|
| Docket Date |
2021-05-05
|
| Type |
Order
|
| Subtype |
Order re Stay
|
| Description |
ORD-Case Stayed ~ Upon consideration of appellant's May 4, 2021 response, it is ORDERED that the above-styled appeal is stayed for thirty (30) days pending the substitution of the estate/a personal representative for appellant.
|
|
| Docket Date |
2021-05-04
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Maria Toth
|
|
| Docket Date |
2021-04-29
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-To File Response ~ Upon consideration of the April 28, 2021 suggestion of death, appellant's counsel is ORDERED to file a response, within ten (10) days from the date of this order, indicating whether the estate/a personal representative will be substituted in for appellant, and whether this appeal should be stayed pending substitution. See Fla. R. App. P. 9.360(c)(3); Fla. R. Civ. P. 1.260(a)(1). Appellee may file a reply within ten (10) days of appellant's response.
|
|
| Docket Date |
2021-04-28
|
| Type |
Order
|
| Subtype |
Order on Motion for Reconsideration/Rehearing of an Order
|
| Description |
Order Denying Rehearing Interim Order ~ ORDERED that appellant's April 27, 2021 motion for rehearing is denied.
|
|
| Docket Date |
2021-04-28
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice
|
| On Behalf Of |
Joseph Gerasci
|
|
| Docket Date |
2021-04-27
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing/Interim Order
|
| On Behalf Of |
Maria Toth
|
|
| Docket Date |
2021-04-27
|
| Type |
Order
|
| Subtype |
Order on Motion to Relinquish Jurisdiction
|
| Description |
ORD-Deny Relinquishment of Jurisdiction ~ Upon consideration of appellee's April 26, 2021 response, it is ORDERED that appellant's April 26, 2021 motion to relinquish jurisdiction is denied. Further, ORDERED that appellee's second motion to expedite contained within its response is denied. Further, ORDERED that appellant's April 26, 2021 reply to appellee's response is stricken as unauthorized.
|
|
| Docket Date |
2021-04-26
|
| Type |
Motions Other
|
| Subtype |
Motion To Relinquish Jurisdiction
|
| Description |
Motion To Relinquish Jurisdiction ~ **SEE AMENDED MOTION**
|
| On Behalf Of |
Maria Toth
|
|
| Docket Date |
2021-04-26
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Maria Toth
|
|
| Docket Date |
2021-04-26
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ **STRICKEN, SEE 04/27/2021 ORDER** TO APPELLEE'S SECOND MOTION TO EXPEDITE and APPELLANT'S REPLY TO APPELLEE'S RESPONSE TO THE APRIL 25, 2021 SECOND MOTION FOR RELINQUISHMENT
|
| On Behalf Of |
Maria Toth
|
|
| Docket Date |
2021-04-21
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Joseph Gerasci
|
|
| Docket Date |
2021-04-07
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
Maria Toth
|
|
| Docket Date |
2021-04-06
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Maria Toth
|
|
| Docket Date |
2021-04-06
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellant's April 5, 2021 initial brief 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 Judicial Administration 2.516(f). Further,ORDERED that appellant's appendix to the initial brief 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 Judicial Administration 2.516(f) and with Florida Rule of Appellate Procedure 9.220(c), in that it was not properly indexed and consecutively paginated, beginning with the cover sheet as page 1, was not paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index, and contains bookmarks which are not in compliance with Rule 9.220(c)(3). An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2021-04-06
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Maria Toth
|
|
| Docket Date |
2021-04-06
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion To File Enlarged Brief
|
| Description |
Motion To File Enlarged Brief
|
| On Behalf Of |
Maria Toth
|
|
| Docket Date |
2021-04-06
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF COMPLIANCE WITH COURT ORDER DATED APRIL 6, 2021
|
| On Behalf Of |
Maria Toth
|
|
| Docket Date |
2021-04-05
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits ~ **STRICKEN**
|
| On Behalf Of |
Maria Toth
|
|
| Docket Date |
2021-03-26
|
| Type |
Order
|
| Subtype |
Order on Motion To Strike
|
| Description |
Deny Motion to Strike ~ ORDERED that appellant's March 25, 2021 response is noted and its motion to strike appellee's motion to expedite appeal is denied as moot in light of our March 25, 2021 order granting appellee's motion.
|
|
| Docket Date |
2021-03-25
|
| Type |
Order
|
| Subtype |
Order on Motion to Expedite
|
| Description |
ORD-Granting Expediting ~ ORDERED that appellant's March 4, 2021 motion for clarification is denied. Further, ORDERED that appellee's March 25, 2021 motion to expedite is granted. The parties shall cooperate in the early preparation of this case for merits consideration. Motions causing delay shall not be filed except in extreme circumstances. Appellant shall file the initial brief within ten (10) days from the date of this order. Appellee shall file the answer brief within fifteen (15) days from the service of the initial brief. Appellant shall file the reply brief, if any, within ten (10) days from the service of the answer brief.
|
|
| Docket Date |
2021-03-25
|
| Type |
Motions Other
|
| Subtype |
Motion To Expedite
|
| Description |
Motion To Expedite
|
| On Behalf Of |
Joseph Gerasci
|
|
| Docket Date |
2021-03-25
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ RESPONSE OR IN THE ALTERNATIVE, APPELLANT'S MOTION TO STRIKE TO APPELLEE'S MOTION TO EXPEDITE APPEAL
|
| On Behalf Of |
Maria Toth
|
|
| Docket Date |
2021-03-09
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 561 PAGES (PAGES 24-584)
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2021-03-04
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Clarification
|
| Description |
Motion for Clarification ~ **SEE AMENDED MOTION**
|
| On Behalf Of |
Maria Toth
|
|
| Docket Date |
2021-03-04
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Order Granting Motion to Supplement the Record ~ ORDERED that appellant's March 3, 2021 motion to supplement the record is granted. The material requested in the motion shall be included in the record on appeal. The clerk of the lower tribunal shall prepare and file the supplemental material in this court within ten (10) days from the date of this order. Appellant shall monitor the supplementation process.
|
|
| Docket Date |
2021-03-03
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
Maria Toth
|
|
| Docket Date |
2021-03-03
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2021-03-01
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ TRIAL COURT'S ORDER ISSUED FEBRUARY 23, 2021
|
| On Behalf Of |
Maria Toth
|
|
| Docket Date |
2021-02-24
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ 2/23/2021 ORDER OF JUDGE DINA KEEVER-AGRAMA
|
| On Behalf Of |
Joseph Gerasci
|
|
| Docket Date |
2021-02-09
|
| Type |
Order
|
| Subtype |
Order on Motion to Relinquish Jurisdiction
|
| Description |
Order Granting Relinquishment of Jurisdiction ~ ORDERED that appellant’s January 22, 2021 motion to relinquish jurisdiction is granted. Jurisdiction is relinquished to the trial court for a period of thirty (30) days for the trial court to consider the pending motion to vacate. The appellant shall forward to this court a copy of any order issued during relinquishment. It is further ordered that the appellant shall monitor this proceeding in the trial court. If further time is needed beyond this relinquishment period, it shall be the duty of appellant to request an extension of time by proper motion to this court. This case shall proceed in this court upon expiration of relinquishment unless otherwise notified in writing by the parties.
|
|
| Docket Date |
2021-01-29
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Joseph Gerasci
|
|
| Docket Date |
2021-01-26
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellee to File Response ~ ORDERED that appellee is directed to respond, within fifteen (15) days from the date of this order, to appellant’s January 22, 2021 motion to relinquish jurisdiction.
|
|
| Docket Date |
2021-01-22
|
| Type |
Motions Other
|
| Subtype |
Motion To Relinquish Jurisdiction
|
| Description |
Motion To Relinquish Jurisdiction
|
| On Behalf Of |
Maria Toth
|
|
| Docket Date |
2021-01-13
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken as Unauthorized ~ ORDERED sua sponte that appellant's January 7, 2021 reply to response is stricken as unauthorized.
|
|
| Docket Date |
2021-01-07
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Response ~ **STRICKEN**
|
| On Behalf Of |
Maria Toth
|
|
| Docket Date |
2021-01-05
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
Maria Toth
|
|
| Docket Date |
2020-12-08
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ Upon consideration of appellant’s response filed December 4, 2020, this court’s November 23, 2020 order to show cause is discharged. Further,ORDERED that the motion for extension of time, contained in the response, is granted, and appellant shall serve the initial brief within thirty (30) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2020-12-04
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause
|
| On Behalf Of |
Maria Toth
|
|
| Docket Date |
2020-11-23
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ **DISCHARGED**ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, within ten (10) days from the date of this order, why the above-styled case should not be dismissed for lack of timely prosecution, in that appellant's initial brief has not been filed with this court as of this date. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief is filed within this time, the order to show cause will be considered automatically discharged without further order.
|
|
| Docket Date |
2020-09-22
|
| Type |
Order
|
| Subtype |
Show Cause re Compliance with Prior Order
|
| Description |
Order to Show Cause-Appeal Dismissal ~ ORDERED that appellant is directed to show cause in writing, if any there be, within ten (10) days from the date of this order, why the above-styled case should not be dismissed or other sanctions imposed for failure to comply with this court's August 31, 2020 order requiring a conformed copy of the order being appealed to be filed with this court. If the order is filed within this ten (10) day period, this order to show cause will be considered automatically discharged without further order.
|
|
| Docket Date |
2020-08-31
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2020-08-31
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| Description |
Appellant to File Order Appealed-Civil ~ ORDERED that appellant is directed to file, within fifteen (15) days from the date of this order, a conformed copy of the order being appealed. See Florida Rule of Appellate Procedure 9.110(d). 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.
|
|
| Docket Date |
2020-08-28
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Maria Toth
|
|
| Docket Date |
2020-08-28
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
DELRAY MEDICAL CENTER, INC. VS COLLEEN FARRINGTON
|
4D2017-2884
|
2017-09-19
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502016CA009442
|
Parties
| Name |
DELRAY MEDICAL CENTER, INC.
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Robert S. Covitz
|
|
| Name |
COLLEEN FARRINGTON
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Ryan M. Sanders, Roy D. Wasson, JENNIFER WHITE, RAFAEL MARTINEZ
|
|
| Name |
Hon. Edward L. Artau
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2017-11-21
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order-Original Proceeding Dismissed ~ ORDERED that, in light of the November 15, 2017 status report, the petition is dismissed as moot.GERBER, C.J., GROSS and MAY, JJ., concur.
|
|
| Docket Date |
2017-11-21
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2017-11-15
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Delray Medical Center, Inc.
|
|
| Docket Date |
2017-10-16
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
COLLEEN FARRINGTON
|
|
| Docket Date |
2017-10-16
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED that, having considered petitioner's October 10, 2017 response, the petition is dismissed as to petitioner's argument that plaintiff's presuit investigation expert was not qualified to provide a corroborating affidavit. This Court lacks certiorari jurisdiction to review this issue. Williams v. Oken, 62 So. 3d 1129, 1136-37 (Fla. 2011). As to petitioner's argument that the trial court deprived it of the procedural protections of the statute by denying the motion to dismiss "without prejudice," the proceedings on this petition are stayed until the trial court rules on petitioner's motion for reconsideration. Petitioner shall promptly advise this Court when the trial court has ruled and dismiss this proceeding if it has become moot. If necessary, petitioner shall file a supplemental appendix containing the trial court's order. Petitioner shall file a status report within thirty (30) days of this order and every thirty (30) days thereafter advising of the progress being made in obtaining a ruling on the motion for reconsideration.
|
|
| Docket Date |
2017-10-10
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause
|
| On Behalf Of |
Delray Medical Center, Inc.
|
|
| Docket Date |
2017-09-20
|
| 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 |
2017-09-19
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Filed
|
| On Behalf Of |
Delray Medical Center, Inc.
|
|
| Docket Date |
2017-09-19
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2017-09-20
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
| On Behalf Of |
Delray Medical Center, Inc.
|
|
| Docket Date |
2017-09-20
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Writ of Certiorari / Acknowledgment letter
|
|
| Docket Date |
2017-10-03
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
Order to Show Cause ~ ORDERED that, within ten (10) days of this order, petitioner shall file a response with this Court and show cause why the petition for writ of certiorari should not be dismissed as to petitioner’s second argument – regarding the sufficiency of the expert's corroborating affidavit. Williams v. Oken, 62 So. 3d 1129, 1136-37 (Fla. 2011). Petitioner shall also address whether the proceedings on this petition should be stayed as to the first argument until the trial court rules on the motion for reconsideration.
|
|
|
|
ANIL DESAI, M.D. VS LAWNWOOD MEDICAL CENTER, INC.
|
SC2017-1493
|
2017-08-09
|
Closed
|
|
| Classification |
Discretionary Review - Notice to Invoke - Direct Conflict of Decisions
|
| Court |
Supreme Court of Florida
|
| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County
562009CA010027AXXXHC
Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County
4D15-4408
|
Parties
| Name |
ANIL DESAI, M.D.
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Abby M. Spears, Richard H. Levenstein, Thomas P. Crapps
|
|
| Name |
LAWNWOOD MEDICAL CENTER, INC.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Dean A. Morande, Michael D. Sloan, Thomas E. Warner
|
|
| Name |
American Medical Association
|
| Role |
Amicus - Petitioner
|
| Status |
Active
|
| Representations |
Mr. Leonard A. Nelson, Mary Thomas, Erin G. Sutton
|
|
| Name |
The Association of American Physicians & Surgeons
|
| Role |
Amicus - Petitioner
|
| Status |
Active
|
| Representations |
Glenn J. Webber
|
|
| Name |
WEST BOCA MEDICAL CENTER, INC.
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
BOCA RATON REGIONAL HOSPITAL, INC.
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
DELRAY MEDICAL CENTER, INC.
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
HMA SANTA ROSA MEDICAL CENTER, LLC
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
d/b/a Cape Canaveral Hospital
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
d/b/a Palm Beach Gardens Medical Center
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
d/b/a St. Mary's Medical Center
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
d/b/a Bayfront Health Punta Gorda
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
d/b/a Lower Keys Medical Center
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
d/b/a Boca Raton Regional Hospital
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
D/B/A WEST BOCA MEDICAL CENTER
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
LAKE SHORE HMA, LLC
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
d/b/a Hialeah Hospital
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
VIERA HOSPITAL, INC.
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
d/b/a Palm Bay Hospital
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
d/b/a Good Samaritan Medical Center
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
d/b/a Shands Starke Regional Medical Center
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
d/b/a Lakewood Ranch Medical Center
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
PORT CHARLOTTE HMA, LLC
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
CORAL GABLES HOSPITAL, INC.
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
d/b/a Delray Medical Center
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
d/b/a Wellington Regional Medical Center
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
d/b/a Venice Regional Bayfront Health
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
NAPLES HMA, LLC
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
LIVE OAK HMA, LLC
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
HERNANDO HMA, LLC
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
d/b/a Munroe Regional Health System
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
Hialeah Hospital, Inc.
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
Osceola SC, LLC
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
GOOD SAMARITAN MEDICAL CENTER, INC.
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
d/b/a Bayfront Health Spring Hill
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
MUNROE HMA HOSPITAL, LLC
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
d/b/a Lake Wales Medical Center
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
HOLMES REGIONAL MEDICAL CENTER, INC.
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
d/b/a Bayfront Health Brooksville
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
LIFEMARK HOSPITALS OF FLORIDA, INC.
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
VENICE HMA, LLC
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
Wellington Regional Medical Center, Inc.
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
LAKE WALES HOSPITAL CORPORATION
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
d/b/a Bayfront Health Port Charlotte
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
d/b/a Palmetto General Hospital
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
d/b/a Shands Lake Shore Regional Medical Center
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
ST. MARY'S MEDICAL CENTER, INC.
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
Manatee Memorial Hospital, LP
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
CAPE CANAVERAL HOSPITAL, INC.
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
Lakewood Ranch Medical Group, LLC
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
PUNTA GORDA HMA, LLC
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
KEY WEST HMA, LLC
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
d/b/a Santa Rosa Medical Center
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
PALM BEACH GARDENS COMMUNITY HOSPITAL, INC.
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
d/b/a Coral Gables Hospital
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
d/b/a Physicians Regional Healthcare System - Collier
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
Hon. Janet C. Croom
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Joseph E. Smith
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
d/b/a Physicians Regional Healthcare System - Pine Ridge
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
PALM BAY HOSPITAL, INC.
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
CITRUS HMA, LLC
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
d/b/a St. Cloud Regional Medical Center
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
d/b/a North Shore Medical Center
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
d/b/a North Okaloosa Medical Center
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
d/b/a Manatee Memorial Hospital
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
d/b/a Seven Rivers Regional Medical Center
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
d/b/a Viera Hospital
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
BAYFRONT HMA MEDICAL CENTER, LLC
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
| Representations |
Mr. Jason A. Coe, Martin B. Goldberg
|
|
| Name |
d/b/a Shands Live Oak Regional Medical Center
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
d/b/a Holmes Regional Medical Center
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
HAINES CITY HMA, LLC
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
CRESTVIEW HOSPITAL CORPORATION
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
North Shore Medical Center, Inc.
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
d/b/a Heart of Florida Regional Medical Center
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
STARKE HMA, LLC
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
| Name |
d/b/a Bayfront Health St. Petersburg
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-12-28
|
| Type |
Order
|
| Subtype |
Atty Fees GR (Amt by Trial Court - M/O)
|
| Description |
ORDER-ATTY FEES GR (AMT BY TR CT - M/O) ~ Respondent's motion for attorney's fees is granted, the amount to be determined by the trial court. See Fla. R. App. P. 9.400(b).
|
|
| Docket Date |
2018-11-07
|
| Type |
Event
|
| Subtype |
Oral Argument Held
|
| Description |
ORAL ARGUMENT HELD
|
|
| Docket Date |
2019-01-28
|
| Type |
Miscellaneous Document
|
| Subtype |
Publish Full
|
| Description |
PUBLISH FULL
|
| View |
View File
|
|
| Docket Date |
2018-12-28
|
| Type |
Mandate
|
| Subtype |
Mandate Issued
|
| Description |
MANDATE
|
|
| Docket Date |
2018-12-28
|
| Type |
Disposition
|
| Subtype |
Rev Dism Improvidently Granted (OA)
|
| Description |
DISP-REV DISM IMPROVIDENTLY GRANTED (OA) ~ FSC-OPINION: We initially accepted jurisdiction to review the decision of the Fourth District Court of Appeal in Desai v. Lawnwood Medical Center, Inc., 219 So. 3d 869 (Fla. 4th DCA 2017), based on express and direct conflict. See art. V, § 3(b)(3), Fla. Const. Upon further consideration, we exercise our discretion and discharge jurisdiction. It is so ordered.
|
| View |
View File
|
|
| Docket Date |
2018-08-01
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE
|
| On Behalf Of |
ANIL DESAI, M.D.
|
| View |
View File
|
|
| Docket Date |
2018-07-30
|
| Type |
Motion
|
| Subtype |
Oral Argument Reschedule
|
| Description |
MOTION-ORAL ARGUMENT RESCHEDULE
|
| On Behalf Of |
LAWNWOOD MEDICAL CENTER, INC.
|
| View |
View File
|
|
| Docket Date |
2018-07-25
|
| Type |
Order
|
| Subtype |
OA Schedule (Prev Accepted)
|
| Description |
ORDER-OA SCHED (PREV ACCEPTED) ~ The Court previously accepted jurisdiction. The Court will hear oral argument at 9:00 a.m., Wednesday, October 3, 2018.A maximum of twenty minutes to the side is allowed for the argument, but counsel is expected to use only so much of that time as is necessary.NO CONTINUANCES WILL BE GRANTED EXCEPT UPON A SHOWING OF EXTREME HARDSHIP.
|
|
| Docket Date |
2018-07-18
|
| Type |
Motion
|
| Subtype |
Request-Oral Argument
|
| Description |
REQUEST-ORAL ARGUMENT
|
| On Behalf Of |
ANIL DESAI, M.D.
|
| View |
View File
|
|
| Docket Date |
2018-07-18
|
| Type |
Brief
|
| Subtype |
Reply-Merit
|
| Description |
REPLY BRIEF-MERITS
|
| On Behalf Of |
ANIL DESAI, M.D.
|
| View |
View File
|
|
| Docket Date |
2018-07-10
|
| Type |
Motion
|
| Subtype |
Ext of Time (Reply Brief-Merit)
|
| Description |
MOTION-EXT OF TIME (REPLY BRIEF-MERITS)
|
| On Behalf Of |
ANIL DESAI, M.D.
|
| View |
View File
|
|
| Docket Date |
2018-07-02
|
| Type |
Brief
|
| Subtype |
Amicus Curiae Answer
|
| Description |
AMICUS CURIAE ANSWER BRIEF-MERITS ~ BRIEF ON BEHALF OF 36 FLORIDA HOSPITAL FACILITIES AS AMICI CURIAE IN SUPPORT OF RESPONDENT
|
| On Behalf Of |
Bayfront HMA Medical Center, LLC
|
| View |
View File
|
|
| Docket Date |
2018-06-29
|
| Type |
Order
|
| Subtype |
Amicus Curiae
|
| Description |
ORDER-AMICUS CURIAE GR ~ The motion for leave to file brief as amici curiae filed by Bayfront HMA Medical Center, LLC d/b/a Bayfront Health St. Petersburg, et al., is hereby granted and they are allowed to file brief only in support of respondent. The brief by the above referenced amici curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
|
|
| Docket Date |
2018-06-28
|
| Type |
Motion
|
| Subtype |
Amicus Curiae
|
| Description |
MOTION-AMICUS CURIAE
|
| On Behalf Of |
Bayfront HMA Medical Center, LLC
|
| View |
View File
|
|
| Docket Date |
2018-06-26
|
| Type |
Notice
|
| Subtype |
Counsel Substitution
|
| Description |
NOTICE-COUNS SUBSTITUTION ~ JOINT STIPULATION FOR SUBSTITUTION OF COUNSELWITH RESPECT TO LAW FIRM ONLY
|
| On Behalf Of |
ANIL DESAI, M.D.
|
| View |
View File
|
|
| Docket Date |
2018-06-21
|
| Type |
Brief
|
| Subtype |
Answer-Merit
|
| Description |
ANSWER BRIEF-MERITS
|
| On Behalf Of |
LAWNWOOD MEDICAL CENTER, INC.
|
| View |
View File
|
|
| Docket Date |
2018-06-08
|
| Type |
Order
|
| Subtype |
Extension of Time (Merits Brief)
|
| Description |
ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS) ~ Respondent's motion for extension of time is granted, and respondent is allowed to and including June 21, 2018, in which to serve the answer brief on the merits. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.All other times will be extended accordingly.
|
|
| Docket Date |
2018-06-07
|
| Type |
Motion
|
| Subtype |
Toll Time
|
| Description |
MOTION-TOLL TIME
|
| On Behalf Of |
LAWNWOOD MEDICAL CENTER, INC.
|
| View |
View File
|
|
| Docket Date |
2018-04-12
|
| Type |
Miscellaneous Document
|
| Subtype |
Mail Returned
|
| Description |
MAIL RETURNED ~ Placed with file (2/12/18 Order)
|
| On Behalf Of |
American Medical Association
|
| View |
View File
|
|
| Docket Date |
2018-04-10
|
| Type |
Order
|
| Subtype |
Extension of Time (Merits Brief)
|
| Description |
ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS) ~ Respondent's motion for extension of time is granted, and respondent is allowed to and including June 11, 2018, in which to serve the answer brief on the merits. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.All other times will be extended accordingly.
|
|
| Docket Date |
2018-04-09
|
| Type |
Motion
|
| Subtype |
Toll Time
|
| Description |
MOTION-TOLL TIME
|
| On Behalf Of |
LAWNWOOD MEDICAL CENTER, INC.
|
| View |
View File
|
|
| Docket Date |
2018-04-09
|
| Type |
Miscellaneous Document
|
| Subtype |
Mail Returned
|
| Description |
MAIL RETURNED ~ 03/22/2018 ORDER-APPENDIX DUE. Placed w/ file.
|
| On Behalf Of |
American Medical Association
|
| View |
View File
|
|
| Docket Date |
2018-04-03
|
| Type |
Order
|
| Subtype |
Couns Pro Hac Vice (Foreign Counsel)
|
| Description |
ORDER-COUNSEL PRO HAC VICE GR (FOREIGN COUNSEL) ~ The motion to appear pro hac vice filed in the above cause by Leonard A. Nelson, on behalf of American Medical Association, is hereby granted and counsel's payment of the $100.00 fee required by section 25.241(2)(a), Florida Statutes (2015), was received by this Court on April 3, 2018.
|
|
| Docket Date |
2018-03-28
|
| Type |
Brief
|
| Subtype |
Appendix-Merit (Amended)
|
| Description |
APPENDIX-AMENDED-MERIT BRIEF ~ (Must be screened for confidential information)
|
| On Behalf Of |
ANIL DESAI, M.D.
|
| View |
View File
|
|
| Docket Date |
2018-03-28
|
| Type |
Order
|
| Subtype |
Amicus Curiae
|
| Description |
ORDER-AMICUS CURIAE GR ~ The motion for leave to file brief as amicus curiae filed by The American Medical Association is hereby granted and they are allowed to file brief only in support of petitioner. The brief by the above referenced amicus curiae was filed with this Court on March 27, 2018.
|
|
| Docket Date |
2018-03-27
|
| Type |
Brief
|
| Subtype |
Appendix-Merit
|
| Description |
APPENDIX-MERIT BRIEF ~ (Must be screened for confidential information) **Stricken 3/27/18, not properly bookmarked, indexed, and consecutively paginated.**
|
| On Behalf Of |
ANIL DESAI, M.D.
|
| View |
View File
|
|
| Docket Date |
2018-03-27
|
| Type |
Motion
|
| Subtype |
Amicus Curiae
|
| Description |
MOTION-AMICUS CURIAE
|
| On Behalf Of |
American Medical Association
|
| View |
View File
|
|
| Docket Date |
2018-03-27
|
| Type |
Order
|
| Subtype |
Appendix Stricken
|
| Description |
ORDER-APPENDIX STRICKEN ~ Petitioner's appendix does not comply with Florida Rule of Appellate Procedure 9.220 and is hereby stricken. Petition is directed to file, within 5 days from the date of this order, an amended appendix as a separate PDF document. Per rule 9.220, the amended appendix must be properly bookmarked, indexed, and consecutively paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index.
|
|
| Docket Date |
2018-03-22
|
| Type |
Order
|
| Subtype |
Appendix Due
|
| Description |
ORDER-APPENDIX DUE ~ Petitioner's initial brief on the merits was filed with the Court on March 21, 2018, but not accompanied by an appendix pursuant to Florida Rule of Appellate Procedure 9.220. Petitioner is directed, on or before March 27, 2018, to file an appendix. The appendix shall contain an index and a conformed copy of the opinion or order to be reviewed and may contain any other portions of the record and other authorities.
|
|
| Docket Date |
2018-03-21
|
| Type |
Brief
|
| Subtype |
Initial-Merit
|
| Description |
INITIAL BRIEF-MERITS
|
| On Behalf Of |
ANIL DESAI, M.D.
|
| View |
View File
|
|
| Docket Date |
2018-03-19
|
| Type |
Miscellaneous Document
|
| Subtype |
Mail Returned
|
| Description |
MAIL RETURNED ~ **February 12, 2018 order. Sent to corrected address on 3/22/18.**
|
| On Behalf Of |
American Medical Association
|
| View |
View File
|
|
| Docket Date |
2018-03-05
|
| Type |
Miscellaneous Document
|
| Subtype |
Mail Returned
|
| Description |
MAIL RETURNED ~ ***February 12, 2018 order. Sent to corrected address on 3/5/18.***
|
| On Behalf Of |
American Medical Association
|
| View |
View File
|
|
| Docket Date |
2018-02-12
|
| Type |
Motion
|
| Subtype |
Ext of Time (Initial Brief-Merit)
|
| Description |
MOTION-EXT OF TIME (INITIAL BRIEF-MERITS)
|
| On Behalf Of |
ANIL DESAI, M.D.
|
| View |
View File
|
|
| Docket Date |
2018-02-12
|
| Type |
Order
|
| Subtype |
Extension of Time (Merits Brief)
|
| Description |
ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS) ~ Petitioner's motion for extension of time is granted and petitioner is allowed to and including March 21, 2018, in which to serve the initial brief on the merits. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.All other times will be extended accordingly.
|
|
| Docket Date |
2018-02-07
|
| Type |
Record
|
| Subtype |
Record/Transcript
|
| Description |
RECORD/TRANSCRIPT ~ ROA and certified copies of appeal papers (contains confidential portions; filed electronically)
|
|
| Docket Date |
2018-01-29
|
| Type |
Order
|
| Subtype |
Juris Accept/Brief Sched (OA Later Date)
|
| Description |
ORDER-JURIS ACCEPT/BRIEF SCHED (OA LATER DATE) ~ The Court accepts jurisdiction of this case. Petitioner's initial brief on the merits must be served on or before February 19, 2018; respondent's answer brief on the merits must be served twenty days after service of petitioner's initial brief on the merits; and petitioner's reply brief on the merits must be served twenty days after service of respondent's answer brief on the merits.The Clerk of the Fourth District Court of Appeal must file the record which must be properly indexed and paginated on or before March 30, 2018. The Clerk may provide the record in the format as currently maintained at the district court, either paper or electronic. As jurisdiction has been accepted in the above cause, any movant who wishes to follow through on a previously-filed Notice of Intent to Appear as Amicus or Amici Curiae must now proceed in compliance with Florida Rule of Appellate Procedure 9.370.Oral argument will be set by separate order. Counsel for the parties will be notified of the oral argument date approximately sixty days prior to oral argument.
|
|
| Docket Date |
2017-10-23
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ PETITIONER'S RESPONSE IN OPPOSITION TORESPONDENT'S MOTION FOR APPELLATE ATTORNEY'SFEES AND COSTS
|
| On Behalf Of |
ANIL DESAI, M.D.
|
| View |
View File
|
|
| Docket Date |
2017-10-12
|
| Type |
Brief
|
| Subtype |
Juris Answer
|
| Description |
JURIS ANSWER BRIEF
|
| On Behalf Of |
LAWNWOOD MEDICAL CENTER, INC.
|
| View |
View File
|
|
| Docket Date |
2017-09-28
|
| Type |
Motion
|
| Subtype |
Ext of Time (Juris Brief)
|
| Description |
MOTION-EXT OF TIME (JURIS BRIEF)
|
| On Behalf Of |
LAWNWOOD MEDICAL CENTER, INC.
|
| View |
View File
|
|
| Docket Date |
2017-09-26
|
| Type |
Notice
|
| Subtype |
Amicus Curiae Intent to Appear
|
| Description |
NOTICE-AMICUS CURIAE INTENT TO APPEAR
|
| On Behalf Of |
The Association of American Physicians & Surgeons
|
| View |
View File
|
|
| Docket Date |
2017-08-15
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
PAY CASE FILING FEE-300 ~ Amended filing which included fee
|
| On Behalf Of |
ANIL DESAI, M.D.
|
| View |
View File
|
|
| Docket Date |
2017-08-15
|
| Type |
Order
|
| Subtype |
Extension of Time (Juris Brief)
|
| Description |
ORDER-EXT OF TIME GR (JURIS BRIEF-PETITIONER) ~ Petitioner's motion for extension of time is granted, and petitioner is allowed to and including September 11, 2017, in which to serve the brief on jurisdiction. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied. All other times will be extended accordingly.
|
|
| Docket Date |
2017-08-14
|
| Type |
Letter-Case
|
| Subtype |
Acknowledgment Letter-New Case-Pay Fee
|
| Description |
ACKNOWLEDGMENT LETTER-NEW CASE-PAY FEE
|
|
| Docket Date |
2017-08-14
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
PAY CASE FILING FEE-300 ~ Original filing did not include fee.
|
| On Behalf Of |
ANIL DESAI, M.D.
|
| View |
View File
|
|
| Docket Date |
2017-08-14
|
| Type |
Motion
|
| Subtype |
Ext of Time (Juris Brief)
|
| Description |
MOTION-EXT OF TIME (JURIS BRIEF)
|
| On Behalf Of |
ANIL DESAI, M.D.
|
| View |
View File
|
|
| Docket Date |
2017-08-09
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2017-08-09
|
| Type |
Notice
|
| Subtype |
Invoke Discretionary Jurisdiction
|
| Description |
NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT)
|
| On Behalf Of |
ANIL DESAI, M.D.
|
| View |
View File
|
|
| Docket Date |
2017-08-15
|
| Type |
Event
|
| Subtype |
Fee Paid Through Portal
|
| Description |
Fee Paid Through Portal
|
|
| Docket Date |
2017-09-29
|
| Type |
Order
|
| Subtype |
Extension of Time (Juris Brief)
|
| Description |
ORDER-EXT OF TIME GR (JURIS BRIEF-RESPONDENT) ~ Respondent's motion for extension of time is granted, and respondent is allowed to and including October 13, 2017, in which to serve the brief on jurisdiction. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied. All other times will be extended accordingly.CORRECTED ON 9/29/2017
|
|
| Docket Date |
2018-03-29
|
| Type |
Order
|
| Subtype |
Brief Stricken
|
| Description |
ORDER-BRIEF STRICKEN ~ In light of the filing of The Association of American Physicians & Surgeons' amended amicus curiae brief in support of petitioner filed with this Court on March 29, 2018, it is ordered that The Association of American Physicians & Surgeons' amicus curiae brief in support of petitioner filed with this Court on March 28, 2018, is hereby stricken.
|
|
| Docket Date |
2017-10-12
|
| Type |
Motion
|
| Subtype |
Attorney's Fees
|
| Description |
MOTION-ATTORNEYS FEES
|
| On Behalf Of |
LAWNWOOD MEDICAL CENTER, INC.
|
| View |
View File
|
|
| Docket Date |
2018-08-13
|
| Type |
Order
|
| Subtype |
Oral Argument Reschedule
|
| Description |
ORDER-ORAL ARGUMENT RESCHEDULE GR ~ Petitioner's motion to remove the above styled case from the oral argument calendar is hereby denied.Respondent's motion to reschedule oral argument is granted and the above case which was scheduled for oral argument on October 3, 2018, has been rescheduled for oral argument at 9:00 a.m., Wednesday, November 7, 2018. A maximum of twenty minutes to the side is allowed for the argument, but counsel is expected to use only so much of that time as is necessary.
|
|
| Docket Date |
2018-07-11
|
| Type |
Order
|
| Subtype |
Extension of Time (Merits Brief)
|
| Description |
ORDER-EXT OF TIME GR (REPLY BRIEF-MERITS) ~ Petitioner's motion for extension of time is granted and petitioner is allowed to and including July 18, 2018, in which to serve the reply brief on the merits. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.
|
|
| Docket Date |
2018-04-03
|
| Type |
Motion
|
| Subtype |
Couns Pro Hac Vice (Foreign Counsel)
|
| Description |
MOTION-COUNS PRO HAC VICE (FOREIGN COUNSEL) ~ Leonard Nelson (Hand-delivered)
|
| On Behalf Of |
American Medical Association
|
| View |
View File
|
|
| Docket Date |
2018-03-29
|
| Type |
Brief
|
| Subtype |
Amicus Curiae Initial (Amended)
|
| Description |
AMICUS CURIAE INITIAL AMD BRIEF-MERITS
|
| On Behalf Of |
The Association of American Physicians & Surgeons
|
| View |
View File
|
|
| Docket Date |
2018-03-29
|
| Type |
Motion
|
| Subtype |
Amicus Curiae
|
| Description |
MOTION-AMICUS CURIAE
|
| On Behalf Of |
The Association of American Physicians & Surgeons
|
| View |
View File
|
|
| Docket Date |
2017-09-07
|
| Type |
Notice
|
| Subtype |
Amicus Curiae Intent to Appear
|
| Description |
NOTICE-AMICUS CURIAE INTENT TO APPEAR ~ The American Medical Association (the "AMA")
|
| On Behalf Of |
American Medical Association
|
| View |
View File
|
|
| Docket Date |
2017-09-06
|
| Type |
Brief
|
| Subtype |
Juris Initial
|
| Description |
JURIS INITIAL BRIEF
|
| On Behalf Of |
ANIL DESAI, M.D.
|
| View |
View File
|
|
|
|
DELRAY MEDICAL CENTER, INC. VS BRITTANY MONGER and LOUSELINE NOEL
|
4D2016-1484
|
2016-05-05
|
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 14-19587 21
|
Parties
| Name |
DELRAY MEDICAL CENTER, INC.
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Robert S. Covitz
|
|
| Name |
LOUSELINE NOEL
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
BRITTANY MONGER
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Warren B. Kwavnick, Gregg M. Hollander, James P. Murphy
|
|
| Name |
Hon. Barbara Anne McCarthy
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2016-06-09
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the June 6, 2016 stipulation for dismissal, this case is dismissed.
|
|
| Docket Date |
2016-06-09
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2016-06-06
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal ~ (STIPULATION)
|
| On Behalf Of |
Delray Medical Center, Inc.
|
|
| Docket Date |
2016-05-16
|
| 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 |
2016-05-13
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
BRITTANY MONGER
|
|
| Docket Date |
2016-05-06
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Writ of Certiorari / Acknowledgment letter
|
|
| Docket Date |
2016-05-05
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2016-05-05
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed
|
| On Behalf Of |
Delray Medical Center, Inc.
|
|
| Docket Date |
2016-05-05
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
| On Behalf Of |
Delray Medical Center, Inc.
|
|
| Docket Date |
2016-05-06
|
| 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.
|
|
|
|
STATE FARM MUTUAL AUTO, etc. VS DELRAY MEDICAL CENTER, INC.
|
4D2014-2287
|
2014-06-20
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502012CA022717XXXXMB
|
Parties
| Name |
STATE FARM MUTUAL AUTO INS.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Kenneth Paul Hazouri
|
|
| Name |
DELRAY MEDICAL CENTER, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Robert S. Covitz, ALAN J. NISBERG
|
|
| Name |
Hon. Lucy Chernow Brown
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2015-01-30
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Delray Medical Center, Inc.
|
|
| Docket Date |
2015-11-20
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2015-11-20
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2015-11-04
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Authored Opinion
|
|
| Docket Date |
2015-11-04
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Deny Attorney's Fees ~ ORDERED that the appellant's April 15, 2015 amended motion for attorney's fees is denied.
|
|
| Docket Date |
2015-09-30
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ 4th DCA
|
|
| Docket Date |
2015-07-20
|
| Type |
Order
|
| Subtype |
Order on Motion For Continuation of Oral Argument
|
| Description |
Grant Continuance of Oral Argument ~ ORDERED that the appellant's July 17, 2015 motion for continuance of oral argument is granted. Oral argument scheduled for September 29, 2015 is cancelled and rescheduled for Wednesday, September 30, 2015 at 10:00 A.M.
|
|
| Docket Date |
2015-07-17
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion For Continuation of Oral Argument
|
| Description |
Motion For Continuation of Oral Argument
|
| On Behalf Of |
STATE FARM MUTUAL AUTO INS.
|
|
| Docket Date |
2015-07-13
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
ORD-Setting Oral Argument ~ This case is set for Oral Argument on Tuesday, September 29, 2015, at 10:00 A.M. for 15 minutes per side. The court calendars can be viewed on this court's website at HYPERLINK "http://www.4dca.org" www.4dca.org. Attorneys not registered with this court¿s eDCA and pro se parties are required to file a "Notice of Receipt of Oral Argument" within ten (10) days from the date of this order, acknowledging they have received this order.
|
|
| Docket Date |
2015-04-20
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO AMENDED MOTION FOR ATTORNEY'S FEES
|
| On Behalf Of |
Delray Medical Center, Inc.
|
|
| Docket Date |
2015-04-15
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
STATE FARM MUTUAL AUTO INS.
|
|
| Docket Date |
2015-04-15
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ (AMENDED) (RESPONSE FILED 4/20/15)
|
| On Behalf Of |
STATE FARM MUTUAL AUTO INS.
|
|
| Docket Date |
2015-03-19
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief ~ 20 DAYS TO 04/15/15
|
| On Behalf Of |
STATE FARM MUTUAL AUTO INS.
|
|
| Docket Date |
2015-03-09
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR ATTORNEY'S FEES
|
| On Behalf Of |
Delray Medical Center, Inc.
|
|
| Docket Date |
2015-03-03
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR ATTORNEY'S FEES
|
| On Behalf Of |
STATE FARM MUTUAL AUTO INS.
|
|
| Docket Date |
2015-03-03
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ (RESPONSE FILED 3/9/15)
|
| On Behalf Of |
STATE FARM MUTUAL AUTO INS.
|
|
| Docket Date |
2015-02-18
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT to file Response ~ ORDERED that appellant's motion for extension filed February 16, 2015 is granted, and the time for filing a response to appellee's motion for attorney's fee on appeal is hereby extended to and including March 3, 2015.
|
|
| Docket Date |
2015-02-16
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response ~ TO MOTION FOR ATTORNEY'S FEES
|
| On Behalf Of |
STATE FARM MUTUAL AUTO INS.
|
|
| Docket Date |
2015-02-13
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief ~ 30 DAYS TO 03/26/15
|
| On Behalf Of |
STATE FARM MUTUAL AUTO INS.
|
|
| Docket Date |
2015-01-30
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ (RESPONSE FILED 3/3/15)
|
| On Behalf Of |
Delray Medical Center, Inc.
|
|
| Docket Date |
2015-01-22
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ 10 DAYS TO 2/5/15
|
| On Behalf Of |
Delray Medical Center, Inc.
|
|
| Docket Date |
2014-12-16
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ 30 DAYS TO 01/26/15
|
| On Behalf Of |
Delray Medical Center, Inc.
|
|
| Docket Date |
2014-11-14
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ "AMENDED" 30 DAYS TO 12/26/14
|
| On Behalf Of |
Delray Medical Center, Inc.
|
|
| Docket Date |
2014-11-11
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ 30 DAYS TO 12/11/14
|
| On Behalf Of |
Delray Medical Center, Inc.
|
|
| Docket Date |
2014-10-31
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
STATE FARM MUTUAL AUTO INS.
|
|
| Docket Date |
2014-10-30
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ ONE (1) VOLUME
|
|
| Docket Date |
2014-10-29
|
| Type |
Order
|
| Subtype |
Order to Transmit Record/Supplemental Record on Appeal
|
| Description |
Order to Supplement Record - transcript ~ ORDERED that appellant's amended and unopposed motion filed October 24, 2014, to supplement the record with corrected hearing transcript is granted. The material requested in the motion shall be included in the record on appeal. The court reporter shall have thirty (30) days from the date of this order in which to prepare the transcript. The clerk of the lower tribunal shall prepare and file the supplemented material in this court within ten (10) days from receipt of the transcript. Appellant shall monitor the supplementation process.
|
|
| Docket Date |
2014-10-24
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
STATE FARM MUTUAL AUTO INS.
|
|
| Docket Date |
2014-10-02
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ 21 DAYS TO 10/27/14
|
| On Behalf Of |
STATE FARM MUTUAL AUTO INS.
|
|
| Docket Date |
2014-10-01
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ ELEVEN (11) VOLUMES
|
|
| Docket Date |
2014-09-30
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
ORD-deny motion to supplement per 9.300(a) ~ ORDERED that appellant's motion filed to supplement the record with corrected hearing transcript filed September 24, 2014, is hereby denied without prejudice for failure to comply with Florida Rule of Appellate Procedure 9.300(a). See also this court's Notice to Attorneys and Parties, Paragraph 1.
|
|
| Docket Date |
2014-09-24
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
STATE FARM MUTUAL AUTO INS.
|
|
| Docket Date |
2014-09-23
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument ~ AA Kenneth Paul Hazouri 0019800
|
|
| Docket Date |
2014-07-22
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ 31 DAYS TO 09/29/14
|
| On Behalf Of |
STATE FARM MUTUAL AUTO INS.
|
|
| Docket Date |
2014-07-16
|
| Type |
Misc. Events
|
| Subtype |
Order Appealed
|
| Description |
Order Appealed ~ (6/16/14 ORDER) CL Clerk Palm Beach CC02
|
|
| Docket Date |
2014-06-25
|
| Type |
Misc. Events
|
| Subtype |
Order Appealed
|
| Description |
**DNU** order appealed ~ STILL NEED 6/16/14 ORDER BEING APPEALED
|
|
| Docket Date |
2014-06-24
|
| Type |
Order
|
| Subtype |
Order to Register/Update eDCA
|
| Description |
Counsel to register with eDCA ~ Be advised that Robert S. Covitz and Kenneth P. Hazouri have failed to comply with this Court¿s Administrative Order No. 2013-01, requiring counsel of record to register with the Fourth District Court of Appeal¿s electronic filing system to receive electronic copies of court communications, including but not limited to orders.You are further advised that to receive all communications from this Court in electronic form you must register at www.4dca.org or https://edca.4dca.org.Unless you obtain a hardship waiver of the registration requirement the Clerk of the Court shall cease mailing paper copies of all communications from the Court to you after ten (10) days from the date of this order.Paper copies can be obtained by completing a Copy Request Form located at www.4dca.org.AMERICANS WITH DISABILITIES ACT: If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, the provision of certain assistance. Please contact the Marshal, Daniel DiGiacomo, 4th District Court of Appeal, 1525 Palm Beach Lakes Blvd., West Palm Beach, Florida 33401, telephone (561)242-2000; 1-800-955-8771(TDD): or 1-800-955-8770(V) via Florida Relay Service, at least seven (7) days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than seven (7) days; if you are hearing or voice impaired, call 711.
|
|
| Docket Date |
2014-06-23
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2014-06-23
|
| 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, 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 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 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. 4DCA 1997). Failure of the attorney to pay will result in referral to the Florida Department of Banking and Finance 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 |
2014-06-20
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
STATE FARM MUTUAL AUTO INS.
|
|
| Docket Date |
2014-06-20
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
