| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502019CA005331
|
Parties
| Name |
Kenneth Woliner, M.D.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Jonathan O'Boyle
|
|
| Name |
Holistic Family Medicine, LLC
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
CARLSON & ASSOCIATES, P.A.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
DAVID S. FURSTELLER, P.A.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Curtis Carlson, Laura M. Kelly, Charles J. Meltz, D. David Keller, Thomas A. Conrad, Raymond Leonard Robin, Warren R. Trazenfeld, Peter A. Cooke
|
|
| Name |
WILLIAM R. HUSEMAN, P.A.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Curtis Carlson
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
David S. Fursteller
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
William R. Huseman
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
WARREN R. TRAZENFELD, P.A.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
WILLIAM J MCFARLANE III, P.A.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Warren R. Trazenfeld
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
William J. McFarlane, III
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Hon. Samantha Schosberg Feuer
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-11-14
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ IN OPPOSITION TO WARREN R. TRAZENFELD, P.A., AND WARREN R. TRAZENFELD, ESQUIRE'S MOTION FOR FURTHER CLARIFICATION
|
| On Behalf Of |
Kenneth Woliner, M.D.
|
|
| Docket Date |
2022-11-09
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Clarification
|
| Description |
Motion for Clarification ~ Curtis Carlson & Associates, P.A.
|
| On Behalf Of |
David S. Fursteller, P.A.
|
|
| Docket Date |
2022-11-01
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay
|
| On Behalf Of |
Kenneth Woliner, M.D.
|
|
| Docket Date |
2022-10-28
|
| Type |
Order
|
| Subtype |
Order on Motion For Clarification
|
| Description |
Grant Clarification ~ ORDERED that Curtis Carlson & Associates, P.A.’s October 25, 2022 motion for clarification is granted. This case is an original writ proceeding under Florida Rule of Appellate Procedure 9.100. No response to the petition is required unless ordered by this Court. Further, ORDERED that petitioner’s October 11, 2022 motion to amend is granted. The amended petition filed on October 11, 2022 is accepted. Further, ORDERED that respondents’ October 24, 2022 motion for extension of time is denied as moot. No response is required to the petition unless ordered by this Court.
|
|
| Docket Date |
2022-10-26
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR CLARIFICATION
|
| On Behalf Of |
Kenneth Woliner, M.D.
|
|
| Docket Date |
2022-10-25
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
David S. Fursteller, P.A.
|
|
| Docket Date |
2022-10-25
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Clarification
|
| Description |
Motion for Clarification
|
| On Behalf Of |
David S. Fursteller, P.A.
|
|
| Docket Date |
2022-10-24
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response ~ AMENDED
|
| On Behalf Of |
David S. Fursteller, P.A.
|
|
| Docket Date |
2022-10-24
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that respondents’ October 21, 2022 motion for extension of time to file a response 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 |
2022-10-21
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response ~ **Stricken**
|
| On Behalf Of |
David S. Fursteller, P.A.
|
|
| Docket Date |
2022-10-13
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Kenneth Woliner, M.D.
|
|
| Docket Date |
2022-10-12
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF SERVICE OF APPENDIX
|
| On Behalf Of |
Kenneth Woliner, M.D.
|
|
| Docket Date |
2022-10-11
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
| On Behalf Of |
Kenneth Woliner, M.D.
|
|
| Docket Date |
2022-10-11
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed ~ AMENDED
|
| On Behalf Of |
Kenneth Woliner, M.D.
|
|
| Docket Date |
2022-10-11
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ MOTION FOR LEAVE TO AMEND JOINT MOTION FOR STAY PENDING REVIEW
|
| On Behalf Of |
Kenneth Woliner, M.D.
|
|
| Docket Date |
2022-10-10
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Writ of Certiorari / Acknowledgment letter
|
|
| Docket Date |
2022-10-06
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-10-06
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed
|
| On Behalf Of |
Kenneth Woliner, M.D.
|
|
| Docket Date |
2022-11-18
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2022-11-18
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order-Original Proceeding Dismissed ~ ORDERED that Warren R. Trazenfeld, P.A., and Warren R. Trazenfeld, Esquire’s November 9, 2022 motion for further clarification and instructions is denied. Further,ORDERED that Curtis Carlson & Associates, P.A.’s November 9, 2022 second motion for clarification is denied. Further, ORDERED that petitioner’s November 1, 2022 motion to stay is denied. Further, ORDERED that the amended petition for writ of certiorari filed on October 11, 2022 is dismissed. Petitioners have not shown a departure from the essential requirements of law, and they have an adequate remedy at law. See Williams v. Oken, 62 So. 3d 1129, 1132 (Fla. 2011); Bared & Co., Inc. v. McGuire, 670 So. 2d 153 (Fla. 4th DCA 1996). Petitioners may seek reimbursement of the funds at issue if they succeed on rehearing or on appeal from the final judgment.WARNER, GROSS and KUNTZ, JJ., concur.
|
|
| Docket Date |
2022-10-10
|
| 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 (2021), 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 (2021), must be filed in this Court within ten (10) days from the date of the entry 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 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.
|
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502019CA005331XXXXMB
|
Parties
| Name |
Kenneth N. Woliner
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Curtis Carlson
|
|
| Name |
Furst Law Group, P.A.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
William J. McFarlane, III
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Laura M. Kelly, Raymond Leonard Robin, Charles J. Meltz, Kathryn Harden, William T. Viergever, D. David Keller, Peter A. Cooke, Jodi G. Barrett, Michael Corso
|
|
| Name |
DAVID S. FURSTELLER, P.A.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
David S. Fursteller
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
William R. Huseman
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
WILLIAM R. HUSEMAN, P.A.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
WILLIAM J MCFARLANE III, P.A.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Lisa S. Small
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Hon. Fabienne E. Fahnestock
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Hon. Samantha Schosberg Feuer
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-08-05
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2021-08-05
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Order Denying Oral Argument ~ ORDERED that appellant’s December 31, 2020 request for oral argument is denied.
|
|
| Docket Date |
2021-04-12
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Kenneth N. Woliner
|
|
| Docket Date |
2021-03-11
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
William J. McFarlane, III
|
|
| Docket Date |
2021-02-18
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 20 DAYS TO 3/11/21.
|
|
| Docket Date |
2021-02-18
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
William J. McFarlane, III
|
|
| Docket Date |
2021-02-08
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 10 DAYS TO 2/19/21.
|
|
| Docket Date |
2021-02-08
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
William J. McFarlane, III
|
|
| Docket Date |
2021-01-19
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 20 DAYS TO 2/9/21
|
|
| Docket Date |
2021-10-01
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2021-09-15
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-09-15
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-Denying Rehearing ~ ORDERED that appellant's August 20, 2021 motion for rehearing, certification, and written opinion is denied.
|
|
| Docket Date |
2021-08-20
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing ~ CERTIFICATION, AND WRITTEN OPINION
|
| On Behalf Of |
Kenneth N. Woliner
|
|
| Docket Date |
2021-01-19
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
William J. McFarlane, III
|
|
| Docket Date |
2020-12-31
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
Kenneth N. Woliner
|
|
| Docket Date |
2020-12-21
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Kenneth N. Woliner
|
|
| 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 ~ ORDERED that appellant's December 8, 2020 motion for extension of time is granted, and appellant shall serve the initial brief on or before December 21, 2020. 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 |
2020-12-08
|
| 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 |
Kenneth N. Woliner
|
|
| Docket Date |
2020-12-04
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ (568 PAGES)
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2020-10-28
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ FINAL ORDER
|
| On Behalf Of |
Kenneth N. Woliner
|
|
| Docket Date |
2020-10-08
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Kenneth N. Woliner
|
|
| Docket Date |
2020-10-08
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2020-10-08
|
| 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 |
2020-10-06
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Kenneth N. Woliner
|
|
| Docket Date |
2020-10-06
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
