| Docket Date |
2017-02-21
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike ~ CLARIFICATION AND/OR EXTENSION OF TIME
|
| On Behalf Of |
DR. GARRETT WEINSTEIN, D.C.
|
|
| Docket Date |
2017-09-25
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellees' September 18, 2017 motion for extension of time is granted, and appellees shall serve the answer brief on or before October 5, 2017. In addition, appellees are notified that the failure to serve the brief within the time provided herein may foreclose appellees' right to file a brief or otherwise participate in this appeal.
|
|
| Docket Date |
2017-09-18
|
| 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 |
DR. GARRETT WEINSTEIN, D.C.
|
|
| Docket Date |
2017-09-01
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Appellant's Initial Brief
|
| On Behalf Of |
JEFFREY SHAPIRO, D.C.
|
|
| Docket Date |
2018-03-02
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2018-03-02
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2018-02-08
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Deny Attorney's Fees ~ ORDERED that the appellees' October 25, 2017 motion for appellate attorney's fees and costs is denied.
|
|
| Docket Date |
2018-02-08
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2018-01-30
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ 4DCA
|
|
| Docket Date |
2017-11-06
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO APPELLEES' MOTION FOR APPELLATE ATTORNEYS' FEES AND COSTS
|
| On Behalf Of |
JEFFREY SHAPIRO, D.C.
|
|
| Docket Date |
2017-10-30
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
ORD-Setting Oral Argument ~ This case is set for Oral Argument on January 30, 2018, at 10:00 A.M. for 10 minutes per side. The parties are advised that the oral argument will occur at the new Fourth District Court of Appeal Courthouse at 110 S. Tamarind Avenue, West Palm Beach, FL 33401. 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 |
2017-10-25
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
JEFFREY SHAPIRO, D.C.
|
|
| Docket Date |
2017-10-25
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
DR. GARRETT WEINSTEIN, D.C.
|
|
| Docket Date |
2017-10-05
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
DR. GARRETT WEINSTEIN, D.C.
|
|
| Docket Date |
2017-10-05
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
DR. GARRETT WEINSTEIN, D.C.
|
|
| Docket Date |
2017-02-22
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ IN SUPPORT OF MOTION TO STRIKE
|
| On Behalf Of |
DR. GARRETT WEINSTEIN, D.C.
|
|
| Docket Date |
2017-08-24
|
| Type |
Order
|
| Subtype |
Order on Motion for Reconsideration/Rehearing of an Order
|
| Description |
Order Denying Rehearing Interim Order ~ Upon consideration of appellees’ August 22, 2017 response in opposition, it is ORDERED that appellant’s August 10, 2017 “motion for rehearing on the order dated July 31, 2017 striking appellant’s appendix and all references to the appendix in the initial brief or in the alternative request for certification of question of great public importance” is denied; further,Upon consideration of appellees’ August 22, 2017 response in opposition, it is ORDERED that appellant’s August 10, 2017 motion for extension of time to file amended initial brief and appendix is granted, and appellant shall serve an amended brief in compliance with the rules and with this court’s orders within ten (10) days from the date of this order. The time for any responsive briefing shall be tolled until service of this amended brief.
|
|
| Docket Date |
2017-08-22
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ IN OPPOSITION TO APPELLANT'S MOTION FOR REHEARING ON THE ORDER DATED JULY 31, 2017 STRIKING APPELLANT'S APPENDIX AND ALL REFERENCES TO THE APPENDIX IN THE INITIAL BRIEF OR IN THE ALTERNATIVE REQUEST FOR CERTIFICATION OF QUESTION OF GREAT PUBLIC IMPORTANCE, AND APPELLEES' REQUEST FOR ATTORNEY FEESFOR CONTINUED VEXATIOUS LITIGATION
|
| On Behalf Of |
DR. GARRETT WEINSTEIN, D.C.
|
|
| Docket Date |
2017-08-22
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF COMPLIANCE WITH SERVICE AND FILING DEADLINES
|
| On Behalf Of |
DR. GARRETT WEINSTEIN, D.C.
|
|
| Docket Date |
2017-08-10
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing/Interim Order
|
| On Behalf Of |
JEFFREY SHAPIRO, D.C.
|
|
| Docket Date |
2017-08-10
|
| 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 |
JEFFREY SHAPIRO, D.C.
|
|
| Docket Date |
2017-07-31
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken as Unauthorized ~ ORDERED sua sponte that the appellee's July 28, 2017 "reply appellant’s response in opposition to appellees’ motion to strike appellant’s appendix and all references to the appendix in the initial brief" is stricken as unauthorized.
|
|
| Docket Date |
2017-07-28
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Response ~ ***STRICKEN AS UNAUTHORIZED 7/31/17.***
|
| On Behalf Of |
DR. GARRETT WEINSTEIN, D.C.
|
|
| Docket Date |
2017-07-27
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response ~ TO RESPONSE AND MEMORANDUM OF LAW IN OPPOSITION TO MOTION TO STRIKE
|
| On Behalf Of |
JEFFREY SHAPIRO, D.C.
|
|
| Docket Date |
2017-07-26
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ AND MEMORANDUM OF LAW IN OPPOSITION TO APPELLEES' MOTION TO STRIKE
|
| On Behalf Of |
JEFFREY SHAPIRO, D.C.
|
|
| Docket Date |
2017-07-25
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellees' July 17, 2017 motion for extension of time is granted, and appellee shall serve the answer brief on or before August 1, 2017. 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 |
2017-07-17
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike
|
| On Behalf Of |
DR. GARRETT WEINSTEIN, D.C.
|
|
| Docket Date |
2017-07-17
|
| 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 |
DR. GARRETT WEINSTEIN, D.C.
|
|
| Docket Date |
2017-06-15
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellees' June 14, 2017 motion for extension of time is granted, and appellees shall serve the answer brief on or before July 17, 2017. In addition, appellees are notified that the failure to serve the brief within the time provided herein may foreclose appellees' right to file a brief or otherwise participate in this appeal.
|
|
| Docket Date |
2017-06-14
|
| 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 |
DR. GARRETT WEINSTEIN, D.C.
|
|
| Docket Date |
2017-05-16
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellees' May 15, 2017 motion for extension of time is granted, and appellees shall serve the answer brief on or before June 15, 2017. In addition, appellees are notified that the failure to serve the brief within the time provided herein may foreclose appellees' right to file a brief or otherwise participate in this appeal.
|
|
| Docket Date |
2017-05-15
|
| 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 |
DR. GARRETT WEINSTEIN, D.C.
|
|
| Docket Date |
2017-04-27
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ ***STRICKEN FROM THE DOCKET SEE 7/31/17 ORDER***
|
| On Behalf Of |
JEFFREY SHAPIRO, D.C.
|
|
| Docket Date |
2017-04-26
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
JEFFREY SHAPIRO, D.C.
|
|
| Docket Date |
2017-04-26
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits ~ ***STRICKEN FROM THE DOCKET SEE 7/31/17 ORDER***
|
| On Behalf Of |
JEFFREY SHAPIRO, D.C.
|
|
| Docket Date |
2017-04-19
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ (379 PAGES)
|
|
| Docket Date |
2017-03-14
|
| Type |
Order
|
| Subtype |
Order on Motion To Strike
|
| Description |
Grant Motion to Strike ~ Upon consideration of appellant’s March 2, 2017 response, it is ORDERED that appellees’ February 21, 2017 “motion to strike, clarification, and/or extension of time to the court’s order dated January 25, 2017” is granted, and the clerk of the lower tribunal shall not include any documents from CACE03-007904 that were included in the directions to the clerk by the appellant pursuant to this court’s January 25, 2017 order. Further, appellees’ motion for clarification is granted. This court notes that the citation to Florida Rule of Appellate Procedure 9.200(a)(3) in its January 25, 2017 order should have read Florida Rule of Appellate Procedure 9.200(a)(2), which addresses the appellant filing directions to the clerk. The appellees’ motion for extension of time is granted, and appellees may file directions for additional documents and exhibits to the clerk within ten (10) days from the date of this order.
|
|
| Docket Date |
2017-03-02
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION TO STRIKE
|
| On Behalf Of |
JEFFREY SHAPIRO, D.C.
|
|
| Docket Date |
2017-01-25
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Deny Motion to Supplement Record ~ ORDERED that the record on appeal filed on September 2, 2016 is stricken from the docket. The appellant shall file directions to the clerk under Florida Rule of Appellate Procedure 9.200(a)(3) within ten (10) days from the date of this order, and appellee may file directions for additional documents and exhibits within ten (10) days after the appellant’s filing of directions to the clerk. These documents should only be from CACE11-007325. The times for preparing the record on appeal, serving the index to the record on appeal, and for service of briefs are extended correspondingly; further, ORDERED that within fifty (50) days from receipt of the parties’ directions, the clerk of the lower tribunal shall prepare the record for CACE11-007325 prescribed by Florida Rule of Appellate Procedure 9.200 and serve copies of the index on all parties. Within 110 days, the clerk shall electronically transmit the record to this court; further, Upon consideration of appellees’ January 17, 2017 response in opposition, it is ORDERED that appellant’s December 22, 2016 motion to supplement the record and/or to relinquish jurisdiction is denied.
|
|
| Docket Date |
2017-01-17
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ IN OPPOSITION TO MOTION TO SUPPLEMENT
|
| On Behalf Of |
DR. GARRETT WEINSTEIN, D.C.
|
|
| Docket Date |
2017-01-09
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellee to File Response ~ ORDERED that appellees are directed to respond, within five (5) days from the date of this order, to appellant's December 22, 2016 motion to supplement the record on appeal and/or to relinquish jurisdiction.
|
|
| Docket Date |
2016-12-22
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record ~ **AND/OR** TO RELINQUISH JURISDICTION
|
| On Behalf Of |
JEFFREY SHAPIRO, D.C.
|
|
| Docket Date |
2016-11-16
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORD-Denying Aplee's Motion to Dismiss ~ ORDERED that appellant’s October 5, 2016 motion to change the case style, found in the motion to relinquish jurisdiction, is granted, and the caption in the above-referenced case is corrected to change the name of the appellants to Dr. Jeffrey Shapiro, N.C., derivatively on behalf of Chiropractic Spinal Health, Inc. and the name of the appellees to Dr. Garrett R. Weinstein, D.C., Garrett R. Weinstein, D.C.P.A. and Chiropractic Spinal Health, Inc.; further, ORDERED that the Notice of Appeal filed in the Seventeenth Judicial Circuit, in and for Broward County, Florida, on July 14, 2016 by appellant is treated as an appeal of the amended final judgment entered July 20, 2016 nunc pro tunc to June 30, 2016 in the underlying lower tribunal case number CACE 11-007325; further, Upon consideration of appellees’ October 17, 2016 response, it is ORDERED that appellant’s October 5, 2016 motion to relinquish jurisdiction is determined to be moot. This court determines that it no longer has jurisdiction over lower tribunal case number CACE03-007904, as the amended final judgment is not being appealed from that case. The lower tribunal retains its jurisdiction to proceed as to CACE03-007904; further, Upon consideration of appellant’s October 21, 2016 response, it is ORDERED that appellees’ October 17, 2016 motion to dismiss is denied; further, Upon consideration of appellees’ October 31, 2016 response, it is ORDERED that appellant’s October 20, 2016 motion for extension of time to file initial brief is granted, and appellant shall serve the initial brief within forty-five (45) 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 |
2016-10-31
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ IN OPPOSTION TO MOTION FOR EXTENSION
|
| On Behalf Of |
DR. GARRETT WEINSTEIN, D.C.
|
|
| Docket Date |
2016-10-24
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
JEFFREY SHAPIRO, D.C.
|
|
| Docket Date |
2016-10-21
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ AND MEMORANDUM OF LAW IN OPPOSITION TO MOTION TO DISMISS
|
| On Behalf Of |
JEFFREY SHAPIRO, D.C.
|
|
| Docket Date |
2016-10-20
|
| 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 |
JEFFREY SHAPIRO, D.C.
|
|
| Docket Date |
2016-10-20
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal
|
|
| Docket Date |
2016-10-14
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss ~ AND RESPONSE TO MOTION TO RELINQUISH
|
| On Behalf Of |
DR. GARRETT WEINSTEIN, D.C.
|
|
| Docket Date |
2016-10-05
|
| Type |
Motions Other
|
| Subtype |
Motion To Relinquish Jurisdiction
|
| Description |
Motion To Relinquish Jurisdiction
|
| On Behalf Of |
JEFFREY SHAPIRO, D.C.
|
|
| Docket Date |
2016-10-05
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing
|
| On Behalf Of |
JEFFREY SHAPIRO, D.C.
|
|
| Docket Date |
2016-09-26
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ **STRICKEN 1/25/17.** 4779 PAGES
|
|
| Docket Date |
2016-09-19
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ 30 DAYS TO 10/24/16
|
| On Behalf Of |
JEFFREY SHAPIRO, D.C.
|
|
| Docket Date |
2016-07-27
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal ~ CERT. COPY FILED 7/20/16
|
|
| Docket Date |
2016-07-25
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of this order. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2016-07-25
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2016-07-20
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
JEFFREY SHAPIRO, D.C.
|
|
| Docket Date |
2016-07-20
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
