|
LIBERTY MUTUAL INSURANCE COMPANY , Appellant(s) v. MD NOW MEDICAL CENTERS, INC. d/b/a MD NOW (PATIENT: JACK NGUYEN), Appellee(s).
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4D2022-1486
|
2022-06-01
|
Closed
|
|
| Classification |
NOA Final - County Small Claims - PIP
|
| Court |
4th District Court of Appeal
|
| Originating Court |
County Court for the Fifteenth Judicial Circuit, Palm Beach County
502019SC011362
|
Parties
| Name |
LIBERTY MUTUAL INSURANCE COMPANY
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Veresa Lia Jones Adams, Jeffrey Robert Geldens, Abbi Freifeld Carr
|
|
| Name |
MD NOW MEDICAL CENTERS, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Chad Leslie Christensen, Douglas Howard Stein, Aileen Graffe-McDonley
|
|
| Name |
JACK NGUYEN LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Reginald Roy Corlew
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-11-03
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-11-03
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2023-10-18
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-10-18
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing En Banc
|
| Description |
Order on Motion for Rehearing En Banc
|
| View |
View File
|
|
| Docket Date |
2023-09-27
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Appellant's Motion for Rehearing / Rehearing En Banc
|
| On Behalf Of |
MD Now Medical Centers, Inc.
|
|
| Docket Date |
2023-09-16
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing and Rehearing En Banc
|
| Description |
Motion for Rehearing and Rehearing En Banc, Clarification, and Certification of a Question
of Great Public Importance
|
| On Behalf Of |
Liberty Mutual Insurance Company
|
|
| Docket Date |
2023-08-24
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that appellant's August 15, 2023 motion for extension of time is granted, and the time in which to file a motion for rehearing, clarification, or certification is extended thirty (30) days from the current due date.
|
|
| Docket Date |
2023-08-15
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time
|
| On Behalf Of |
Liberty Mutual Insurance Company
|
|
| Docket Date |
2023-08-02
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney's Fees ~ ORDERED that the appellee's January 18, 2023 motion for attorney's fees is granted based on entitlement to fees under section 627.428, Florida Statutes. On remand, the trial court shall set the amount of attorney's fees to be awarded for this appellate case. If a motion for rehearing is filed in this court, then services rendered in connection with the filing of the motion, including, but not limited to, preparation of a responsive pleading, shall be taken into account in computing the amount of the fee.
|
|
| Docket Date |
2023-08-02
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Authored Opinion
|
|
| Docket Date |
2023-03-06
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Liberty Mutual Insurance Company
|
|
| Docket Date |
2023-03-02
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
ORD-Allowing Attachment to Record ~ ORDERED that appellant's February 28, 2023 motion to supplement the record is granted, and the record is supplemented to include the transcript of the hearing on Plaintiff’s Motion for Summary Judgment. Said supplemental record is deemed filed as of the date of this order.
|
|
| Docket Date |
2023-03-02
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ **MOTION GRANTED**
|
| On Behalf Of |
Liberty Mutual Insurance Company
|
|
| Docket Date |
2023-03-01
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR ATTORNEY'S FEES
|
| On Behalf Of |
MD Now Medical Centers, Inc.
|
|
| Docket Date |
2023-02-28
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
Liberty Mutual Insurance Company
|
|
| Docket Date |
2023-02-17
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Liberty Mutual Insurance Company
|
|
| Docket Date |
2023-02-16
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief
|
| On Behalf Of |
Liberty Mutual Insurance Company
|
|
| Docket Date |
2023-02-16
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 15 DAYS TO 3/6/23
|
|
| Docket Date |
2023-01-18
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
MD Now Medical Centers, Inc.
|
|
| Docket Date |
2023-01-18
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
MD Now Medical Centers, Inc.
|
|
| Docket Date |
2022-12-16
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORD-Answer Brief to be Served ~ ORDERED that appellee's December 14, 2022 motion for extension of time is granted, and appellee shall serve the answer brief on or before January 19, 2023. In addition, appellee is notified that the failure to serve the brief within the time provided herein will foreclose appellee's right to file a brief or otherwise participate in this appeal, or the court in its discretion may impose other sanctions. Appellee is advised that no further extensions will be granted absent a detailed explanation for why the answer brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant. Attorney workload does not constitute extraordinary circumstances which justifies a further extension of time.
|
|
| Docket Date |
2022-12-14
|
| 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 |
MD Now Medical Centers, Inc.
|
|
| Docket Date |
2022-11-16
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 12/20/22
|
|
| Docket Date |
2022-11-16
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
MD Now Medical Centers, Inc.
|
|
| Docket Date |
2022-09-16
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
MD Now Medical Centers, Inc.
|
|
| Docket Date |
2022-09-16
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 60 DAYS TO 11/20/22
|
|
| Docket Date |
2022-08-22
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Liberty Mutual Insurance Company
|
|
| Docket Date |
2022-07-22
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORD-Granting Consolidation ~ ORDERED that, upon consideration of the parties' responses to the court's July 5, 2022 order to show cause, case numbers 4D22-846, 4D22-847, and 4D22-1486 are consolidated for designation to the same appellate panel for review.
|
|
| Docket Date |
2022-07-19
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 296 PAGES
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2022-07-15
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Liberty Mutual Insurance Company
|
|
| Docket Date |
2022-07-13
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
MD Now Medical Centers, Inc.
|
|
| Docket Date |
2022-07-05
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
Order to Show Cause ~ Upon consideration of appellant’s June 30, 2022 notice of similar case pending, it is ORDERED that the parties are to show cause, within ten (10) days from the date of this order, as to why case numbers 4D22-846, 4D22-847, and 4D22-1486 should not be consolidated for the purpose of designation to the same appellate panel for review.
|
|
| Docket Date |
2022-06-30
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Liberty Mutual Insurance Company
|
|
| Docket Date |
2022-06-02
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
MD Now Medical Centers, Inc.
|
|
| Docket Date |
2022-06-01
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a lower tribunal clerk's determination of indigent status is filed.
|
|
| Docket Date |
2022-06-01
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Liberty Mutual Insurance Company
|
|
| Docket Date |
2022-06-01
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-06-01
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Liberty Mutual Insurance Company
|
|
|
|
LM GENERAL INSURANCE COMPANY, Appellant(s) v. MD NOW MEDICAL CENTERS, INC. d/b/a MD NOW PATIENT: LISA LUGO, Appellee(s).
|
4D2022-0847
|
2022-03-28
|
Closed
|
|
| Classification |
NOA Final - County Small Claims - PIP
|
| Court |
4th District Court of Appeal
|
| Originating Court |
County Court for the Fifteenth Judicial Circuit, Palm Beach County
502019SC005335
|
Parties
| Name |
LM GENERAL INSURANCE COMPANY
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Keith Hernandez, Veresa Lia Jones Adams, Jeffrey Robert Geldens, Abbi Freifeld Carr
|
|
| Name |
MD Now
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
MD NOW MEDICAL CENTERS, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Chad Leslie Christensen, Douglas Howard Stein
|
|
| Name |
Lisa Lugo
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Reginald Roy Corlew
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-10-18
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-10-18
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing En Banc
|
| Description |
Order on Motion for Rehearing En Banc
|
| View |
View File
|
|
| Docket Date |
2023-09-27
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Appellant's Motion for Rehearing / Rehearing En Banc
|
| On Behalf Of |
MD Now Medical Centers, Inc.
|
|
| Docket Date |
2023-09-18
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing and Rehearing En Banc
|
| Description |
Motion for Rehearing and Rehearing En Banc
|
| On Behalf Of |
LM General Insurance Company
|
|
| Docket Date |
2023-08-23
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that appellant’s August 16, 2023 motion for extension of time is granted, and within thirty (30) days from the date of this order appellant may file any post-opinion motions.
|
|
| Docket Date |
2023-08-16
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time
|
| On Behalf Of |
LM General Insurance Company
|
|
| Docket Date |
2023-08-02
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Authored Opinion
|
|
| Docket Date |
2023-08-02
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney's Fees ~ ORDERED that the appellee's January 18, 2023 motion for attorney's fees is granted based on entitlement to fees under section 627.428, Florida Statutes. On remand, the trial court shall set the amount of attorney's fees to be awarded for this appellate case. If a motion for rehearing is filed in this court, then services rendered in connection with the filing of the motion, including, but not limited to, preparation of a responsive pleading, shall be taken into account in computing the amount of the fee.
|
|
| Docket Date |
2023-03-10
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
LM General Insurance Company
|
|
| Docket Date |
2023-03-01
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO APPELLANT'S MOTION FOR APPELLATE ATTORNEY'S FEES
|
| On Behalf Of |
MD Now Medical Centers, Inc.
|
|
| Docket Date |
2023-02-28
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief
|
| On Behalf Of |
LM General Insurance Company
|
|
| Docket Date |
2023-02-28
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ (Response filed 03/01/2023)
|
| On Behalf Of |
LM General Insurance Company
|
|
| Docket Date |
2023-02-28
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 15 DAYS TO 03/16/2023
|
|
| Docket Date |
2023-01-30
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
MD Now Medical Centers, Inc.
|
|
| Docket Date |
2023-01-30
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
MD Now Medical Centers, Inc.
|
|
| Docket Date |
2023-01-04
|
| 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 |
MD Now Medical Centers, Inc.
|
|
| Docket Date |
2022-12-05
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 01/06/2023
|
|
| Docket Date |
2022-12-05
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
MD Now Medical Centers, Inc.
|
|
| Docket Date |
2022-09-16
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 60 DAYS TO 12/07/2022
|
|
| Docket Date |
2022-09-16
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
MD Now Medical Centers, Inc.
|
|
| Docket Date |
2022-09-08
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
LM General Insurance Company
|
|
| Docket Date |
2022-08-10
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 1212 PAGES
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2022-07-22
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORD-Granting Consolidation ~ ORDERED that, upon consideration of the parties' responses to the court's July 5, 2022 order to show cause, case numbers 4D22-846, 4D22-847, and 4D22-1486 are consolidated for designation to the same appellate panel for review.
|
|
| Docket Date |
2022-07-15
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause
|
| On Behalf Of |
LM General Insurance Company
|
|
| Docket Date |
2022-07-13
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause
|
| On Behalf Of |
MD Now Medical Centers, Inc.
|
|
| Docket Date |
2022-07-05
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
Order to Show Cause ~ Upon consideration of appellant’s June 30, 2022 notice of similar case pending, it is ORDERED that the parties are to show cause, within ten (10) days from the date of this order, as to why case numbers 4D22-846, 4D22-847, and 4D22-1486 should not be consolidated for the purpose of designation to the same appellate panel for review.
|
|
| Docket Date |
2022-06-30
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
LM General Insurance Company
|
|
| Docket Date |
2022-04-28
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
MD Now Medical Centers, Inc.
|
|
| Docket Date |
2022-04-27
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Order
|
| Description |
ORD-FROM CIRCUIT COURT/AGENCY ~ FINAL JUDGMENT
|
| On Behalf Of |
LM General Insurance Company
|
|
| Docket Date |
2022-03-31
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
Aplnt to Obtain Final Order-Dobrick/BCH ~ It appearing that the order to which the Notice of Appeal is directed is a non-appealable, non-final order, appellant(s) shall have thirty (30) days from the date of this order to obtain a final order and to file a copy in this court. Failure to do so will result in sua sponte dismissal of the appeal. Dobrick v. Discovery Cruises, Inc., 581 So. 2d 645 (Fla. 4th DCA 1991); see also Rust v. Brown, 13 So. 3d 1105, 1107 (Fla. 4th DCA 2009) ("An order merely granting a motion for summary judgment is not a final order because it does not enter judgment for or against a party.").ORDERED that the trial court is specifically authorized, pursuant to Florida Rule of Appellate Procedure 9.600(b), upon appropriate application, to enter a final order in these proceedings.
|
|
| Docket Date |
2022-03-29
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
LM General Insurance Company
|
|
| Docket Date |
2022-03-28
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-03-28
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2023-11-03
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-11-03
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2023-01-09
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORD-Answer Brief to be Served ~ ORDERED that appellee’s unopposed January 4, 2023 motion for extension of time is granted, and the time for service of the answer brief is extended to and including February 5, 2023. In addition, appellee is notified that the failure to serve the brief within the time provided herein will foreclose appellee’s right to file a brief or otherwise participate in this appeal, or the court in its discretion may impose other sanctions. Appellee is advised that no further extensions will be granted absent a detailed explanation for why the answer brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant. Attorney workload does not constitute extraordinary circumstances which justifies a further extension of time.
|
|
| Docket Date |
2022-03-28
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
MD Now Medical Centers, Inc.
|
|
| Docket Date |
2022-03-28
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a lower tribunal clerk's determination of indigent status is filed.
|
|
|
|
SAFECO INSURANCE COMPANY OFILLINOIS, Appellant(s) v. MD NOW MEDICAL CENTERS, INC. d/b/a MD NOW PATIENT: SHELLEY HOLMSTOCK, Appellee(s).
|
4D2022-0846
|
2022-03-28
|
Closed
|
|
| Classification |
NOA Final - County Small Claims - PIP
|
| Court |
4th District Court of Appeal
|
| Originating Court |
County Court for the Fifteenth Judicial Circuit, Palm Beach County
502018SC022038
|
Parties
| Name |
SAFECO INSURANCE COMPANY OF ILLINOIS
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Veresa Lia Jones Adams, Abbi Freifeld Carr, Keith Hernandez, Jeffrey Robert Geldens
|
|
| Name |
Shelley Holmstock
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
MD NOW MEDICAL CENTERS, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Douglas Howard Stein, Chad Leslie Christensen, Jeffrey Robert Geldens
|
|
| Name |
MD Now
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Reginald Roy Corlew
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-11-03
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-11-03
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2023-02-28
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 15 DAYS TO 03/16/2023
|
|
| Docket Date |
2023-01-30
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
MD Now Medical Centers, Inc.
|
|
| Docket Date |
2023-01-30
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
MD Now Medical Centers, Inc.
|
|
| Docket Date |
2023-10-18
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-10-18
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing En Banc
|
| Description |
Order on Motion for Rehearing En Banc
|
| View |
View File
|
|
| Docket Date |
2023-09-27
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Appellant's Motion for Rehearing / Rehearing En Banc
|
| On Behalf Of |
MD Now Medical Centers, Inc.
|
|
| Docket Date |
2023-09-18
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing and Rehearing En Banc
|
| Description |
Motion for Rehearing and Rehearing En Banc
|
| On Behalf Of |
Safeco Insurance Company of Illinois
|
|
| Docket Date |
2023-08-23
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that appellant’s August 16, 2023 motion for extension of time is granted, and within thirty (30) days from the date of this order appellant may file any post-opinion motions.
|
|
| Docket Date |
2023-08-16
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time
|
| On Behalf Of |
MD Now Medical Centers, Inc.
|
|
| Docket Date |
2023-08-02
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Deny Attorney's Fees ~ ORDERED that appellant’s February 28, 2023 motion for appellate attorney's fees is denied.
|
|
| Docket Date |
2023-08-02
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Authored Opinion
|
|
| Docket Date |
2023-03-10
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Safeco Insurance Company of Illinois
|
|
| Docket Date |
2023-03-01
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO APPELLANT'S MOTION FOR APPELLATE ATTORNEY'S FEES
|
| On Behalf Of |
MD Now Medical Centers, Inc.
|
|
| Docket Date |
2023-02-28
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ (Response filed 03/01/2023)
|
| On Behalf Of |
Safeco Insurance Company of Illinois
|
|
| Docket Date |
2023-02-28
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief
|
| On Behalf Of |
Safeco Insurance Company of Illinois
|
|
| Docket Date |
2023-01-09
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORD-Answer Brief to be Served ~ ORDERED that appellee’s unopposed January 4, 2023 motion for extension of time is granted, and the time for service of the answer brief is extended to and including February 15, 2023. In addition, appellee is notified that the failure to serve the brief within the time provided herein will foreclose appellee’s right to file a brief or otherwise participate in this appeal, or the court in its discretion may impose other sanctions. Appellee is advised that no further extensions will be granted absent a detailed explanation for why the answer brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant. Attorney workload does not constitute extraordinary circumstances which justifies a further extension of time..
|
|
| Docket Date |
2023-01-04
|
| 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 |
MD Now Medical Centers, Inc.
|
|
| Docket Date |
2022-12-05
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 01/16/2023.
|
|
| Docket Date |
2022-12-05
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
MD Now Medical Centers, Inc.
|
|
| Docket Date |
2022-10-25
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
MD Now Medical Centers, Inc.
|
|
| Docket Date |
2022-10-25
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 60 DAYS TO 12/17/2022
|
|
| Docket Date |
2022-09-19
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Safeco Insurance Company of Illinois
|
|
| Docket Date |
2022-09-15
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
ORD-Allowing Attachment to Record ~ ORDERED that appellant’s September 13, 2022 motion to supplement the record is granted, and the record is supplemented to include the material listed in the motion. Said supplemental record is deemed filed as of the date of this order.
|
|
| Docket Date |
2022-09-15
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records
|
| On Behalf Of |
Safeco Insurance Company of Illinois
|
|
| Docket Date |
2022-09-13
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
Safeco Insurance Company of Illinois
|
|
| Docket Date |
2022-09-12
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ 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 |
2022-08-10
|
| Type |
Record
|
| Subtype |
Transcript
|
| Description |
Transcript Received ~ 27 PAGES
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2022-07-22
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORD-Granting Consolidation ~ ORDERED that, upon consideration of the parties' responses to the court's July 5, 2022 order to show cause, case numbers 4D22-846, 4D22-847, and 4D22-1486 are consolidated for designation to the same appellate panel for review.
|
|
| Docket Date |
2022-07-15
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause
|
| On Behalf Of |
Safeco Insurance Company of Illinois
|
|
| Docket Date |
2022-07-13
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause
|
| On Behalf Of |
MD Now Medical Centers, Inc.
|
|
| Docket Date |
2022-07-05
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
Order to Show Cause ~ Upon consideration of appellant’s June 30, 2022 notice of similar case pending, it is ORDERED that the parties are to show cause, within ten (10) days from the date of this order, as to why case numbers 4D22-846, 4D22-847, and 4D22-1486 should not be consolidated for the purpose of designation to the same appellate panel for review.
|
|
| Docket Date |
2022-06-30
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Safeco Insurance Company of Illinois
|
|
| Docket Date |
2022-04-28
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
MD Now Medical Centers, Inc.
|
|
| Docket Date |
2022-04-27
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Order
|
| Description |
ORD-FROM CIRCUIT COURT/AGENCY ~ FINAL JUDGMENT
|
| On Behalf Of |
MD Now Medical Centers, Inc.
|
|
| Docket Date |
2022-03-31
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
Aplnt to Obtain Final Order-Dobrick/BCH ~ It appearing that the order to which the Notice of Appeal is directed is a non-appealable, non-final order, appellant(s) shall have thirty (30) days from the date of this order to obtain a final order and to file a copy in this court. Failure to do so will result in sua sponte dismissal of the appeal. Dobrick v. Discovery Cruises, Inc., 581 So. 2d 645 (Fla. 4th DCA 1991); see also Rust v. Brown, 13 So. 3d 1105, 1107 (Fla. 4th DCA 2009) ("An order merely granting a motion for summary judgment is not a final order because it does not enter judgment for or against a party.").ORDERED that the trial court is specifically authorized, pursuant to Florida Rule of Appellate Procedure 9.600(b), upon appropriate application, to enter a final order in these proceedings.
|
|
| Docket Date |
2022-03-29
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Safeco Insurance Company of Illinois
|
|
| Docket Date |
2022-03-28
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-03-28
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Document
|
| Description |
Misc. LT pleadings ~ Civil Cover Sheet
|
|
| Docket Date |
2022-03-28
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Safeco Insurance Company of Illinois
|
|
| Docket Date |
2022-03-28
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a lower tribunal clerk's determination of indigent status is filed.
|
|
|
|
WELLINGTON MEDICAL ASSOCIATES, LLC. VS RV MATTHEWS III, et al.
|
4D2014-3387
|
2014-09-09
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502013CA009428MB
|
Parties
| Name |
WELLINGTON MEDICAL ASSOCIATES, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
John G. Crabtree, Charles M. Auslander, GEORGE R BAISE, JR.
|
|
| Name |
RV MATTHEWS, III
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Christopher S. Carver, VANESSA SERRANO, Michael Fox Orr, JAMIE TUCHMAN, William J. Cornwell, BRUCE SILVER (DNU), David K. Friedman, Roberto M. Vargas, AMANDA E. FERRELLE, BRUCE FRANKLIN SILVER
|
|
| Name |
RON DEPAOLO
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
INPHYNET CONTRACTING SERVICES, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PATRICIA L. MAHER, ESQ.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
LAUREN MCKELVEY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SELECT PHYSICAL THERAPY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PREMIER FAMILY HEALTH, P.A.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
MD NOW MEDICAL CENTERS, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
EMERGENCY PHYSICIANS OF DELRAY
|
| Role |
Appellee
|
| Status |
Active
|
|
| 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 |
2016-12-15
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Miscellaneous
|
| Description |
Supreme Court Disposition ~ SC16-1769
|
|
| Docket Date |
2016-09-30
|
| Type |
Supreme Court
|
| Subtype |
Acknowledged Receipt from Supreme Court
|
| Description |
Ack. Receipt from Supreme Court ~ SC16-1769
|
|
| Docket Date |
2016-09-28
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice sent to the Supreme Court
|
|
| Docket Date |
2016-09-16
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2016-08-31
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2016-08-31
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing En Banc
|
| Description |
Order Denying Rehearing En Banc ~ ORDERED that the appellant's (Inphynet Contracting Services, Inc.) July 26, 2016 motion for rehearing and rehearing en banc is denied.
|
|
| Docket Date |
2016-08-01
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion ~ ORDERED that appellant's July 26, 2016 motion for leave to file motion for rehearing/clarification one day out of time is granted. Said motion was filed July 26, 2016.
|
|
| Docket Date |
2016-07-08
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that appellant's June 30, 2016 motion for extension of time is granted, and the time for appellant to file a motion for rehearing, reconsideration, or clarification is extended to and including July 25, 2016.
|
|
| Docket Date |
2016-06-22
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed in Part/Reversed in Part
|
| Description |
Affirmed in Part/Reversed in Part - Authored Opinion ~ Affirmed in part, reversed in part, certiorari granted in part, and cause remanded
|
|
| Docket Date |
2015-12-16
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ 4DCA
|
|
| Docket Date |
2015-12-14
|
| Type |
Notice
|
| Subtype |
Notice of Change of Address
|
| Description |
Notice of Change of Address
|
| On Behalf Of |
WELLINGTON MEDICAL ASSOCIATES
|
|
| Docket Date |
2015-06-01
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order Granting EOT for Appellant's Reply Brief
|
|
| Docket Date |
2015-01-14
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief
|
|
| Docket Date |
2015-05-22
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief
|
| On Behalf Of |
RV MATTHEWS, III
|
|
| Docket Date |
2015-04-02
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief
|
|
| Docket Date |
2015-02-03
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief
|
|
| Docket Date |
2015-01-27
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken
|
|
| Docket Date |
2014-12-11
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief
|
|
| Docket Date |
2014-10-28
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief
|
|
| Docket Date |
2014-10-03
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORD-Granting Consolidation ~ ORDERED that the Appellants' joint motion filed September 11, 2014, to consolidate appeals, to use a joint appendix, and to extend time for filing of briefs is granted, and the above-styled case numbers are now consolidated for record and panel purposes and are to proceed under the time schedule for a non-final appeal and according to the requirements of Fla. R. App. P. 9.130, and shall proceed under case number 14-3382; further, ORDERED that the appellants are directed to use a joint appendix prepared by counsel of appellant InPhyNet Contracting Services, Inc.; further ORDERED that the time for appellants to file initial brief is extended to and including October 27, 2014.
|
|
| Docket Date |
2014-09-11
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate ~ (GRANTED 10/3/14)
|
|
| Docket Date |
2014-09-11
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2014-09-11
|
| 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 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 |
2014-09-09
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
WELLINGTON MEDICAL ASSOCIATES
|
|
| Docket Date |
2014-09-09
|
| Type |
Misc. Events
|
| Subtype |
Order Appealed
|
| Description |
**DNU** order appealed
|
|
|
|
INPHYNET CONTRACTING SERVICES, etc., et al. VS RV MATTHEWS III, et al.
|
4D2014-3382
|
2014-09-09
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502013CA009428
|
Parties
| Name |
INPHYNET CONTRACTING SERVICES, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Barbara Viota-Sawisch, Peter R. Goldman, Beverly A. Pohl, VANESSA SERRANO
|
|
| Name |
RON DEPAOLO
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
LAUREN MCKELVEY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
MD NOW MEDICAL CENTERS, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PREMIER FAMILY HEALTH, P.A.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
RV MATTHEWS, III
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
BRUCE FRANKLIN SILVER, AMANDA E. FERRELLE, Roberto M. Vargas, Seth A. Kolton, John G. Crabtree, Michael Fox Orr, GEORGE R BAISE, JR., Charles M. Auslander, William J. Cornwell, Brian G. Tackenberg, David K. Friedman, SYLVIA L. WENGER
|
|
| Name |
WELLINGTON MEDICAL CARE ASSOC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SELECT PHYSICAL THERAPY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PATRICIA L. MAHER, ESQ.
|
| Role |
Appellee
|
| Status |
Active
|
|
| 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 |
2016-12-15
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Miscellaneous
|
| Description |
Supreme Court Disposition ~ SC16-1769
|
|
| Docket Date |
2016-09-30
|
| Type |
Supreme Court
|
| Subtype |
Acknowledged Receipt from Supreme Court
|
| Description |
Ack. Receipt from Supreme Court ~ SC16-1769
|
|
| Docket Date |
2016-09-28
|
| Type |
Supreme Court
|
| Subtype |
Notice to Invok. Disc. Jur. FSC
|
| Description |
Notice of Discretionary Jurisdiction to Supreme Court
|
| On Behalf Of |
INPHYNET CONTRACTING SERVICES
|
|
| Docket Date |
2016-09-28
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice sent to the Supreme Court
|
|
| Docket Date |
2016-09-16
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2016-08-31
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2016-08-31
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing En Banc
|
| Description |
Order Denying Rehearing En Banc ~ ORDERED that the appellant's (Inphynet Contracting Services, Inc.) July 26, 2016 motion for rehearing and rehearing en banc is denied.
|
|
| Docket Date |
2016-08-10
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR REHEARING/REHEARING EN BANC
|
| On Behalf Of |
RV MATTHEWS, III
|
|
| Docket Date |
2016-08-01
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion ~ ORDERED that appellant's July 26, 2016 motion for leave to file motion for rehearing/clarification one day out of time is granted. Said motion was filed July 26, 2016.
|
|
| Docket Date |
2016-07-26
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ FOR LEAVE TO FILE MOTION FOR REHEARING/CLARIFICATION ONE DAY OUT OF TIME
|
| On Behalf Of |
INPHYNET CONTRACTING SERVICES
|
|
| Docket Date |
2016-07-26
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion for Rehearing / Rehearing En Banc
|
| On Behalf Of |
INPHYNET CONTRACTING SERVICES
|
|
| Docket Date |
2016-07-08
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that appellant's June 30, 2016 motion for extension of time is granted, and the time for appellant to file a motion for rehearing, reconsideration, or clarification is extended to and including July 25, 2016.
|
|
| Docket Date |
2016-06-30
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time
|
| On Behalf Of |
INPHYNET CONTRACTING SERVICES
|
|
| Docket Date |
2016-06-22
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed in Part/Reversed in Part
|
| Description |
Affirmed in Part/Reversed in Part - Authored Opinion ~ Affirmed in part, reversed in part, certiorari granted in part, and cause remanded
|
|
| Docket Date |
2015-12-16
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ 4DCA
|
|
| Docket Date |
2015-12-14
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
RV MATTHEWS, III
|
|
| Docket Date |
2015-11-23
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion ~ ORDERED that appellants' November 19, 2015 joint motion for ten additional minutes for oral argument is granted.
|
|
| Docket Date |
2015-11-19
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ (JOINT) FOR TEN ADDITIONAL MINUTES FOR OA
|
| On Behalf Of |
INPHYNET CONTRACTING SERVICES
|
|
| Docket Date |
2015-11-12
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
ORD-Setting Oral Argument ~ This case is set for Oral Argument on December 16, 2015, at 11:00 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 |
2015-07-06
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
RV MATTHEWS, III
|
|
| Docket Date |
2015-07-01
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief ~ (HEALTHPORT TECHNOLOGIES, INC.)
|
| On Behalf Of |
RV MATTHEWS, III
|
|
| Docket Date |
2015-05-22
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief
|
| On Behalf Of |
RV MATTHEWS, III
|
|
| Docket Date |
2015-05-04
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
RV MATTHEWS, III
|
|
| Docket Date |
2015-07-01
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
|
| Docket Date |
2015-06-01
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order Granting EOT for Appellant's Reply Brief ~ ORDERED that appellants' May 22, 2015 unopposed joint motion for extension of time is granted, and appellants shall serve the reply briefs within thirty (30) days from the date of this order. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
|
| Docket Date |
2015-04-02
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellees' unopposed motion filed March 19, 2015, for extension of time, is granted and appellees shall serve the answer brief within thirty (30) days from the date of the entry of this order. 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 |
2015-03-19
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ (GRANTED 4/2/15)
|
| On Behalf Of |
RV MATTHEWS, III
|
|
| Docket Date |
2015-02-03
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellees' motion filed February 2, 2015, for extension of time, is granted and appellees shall serve the answer brief within forty-five (45) days from the date of the entry of this order. 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 |
2015-02-02
|
| 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 |
RV MATTHEWS, III
|
|
| Docket Date |
2015-01-31
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Appellant's Initial Brief
|
| On Behalf Of |
RV MATTHEWS, III
|
|
| Docket Date |
2015-01-27
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken ~ The appellant, Wellington Medical Care Associates, LLC's initial brief filed January 20, 2015 is stricken as not in compliance with Florida Rules of Appellate Procedure 9.210(b), (c), and (d) in that the table of contents does not list issues for review. An amended brief in compliance with the rules shall be filed within ten (10) days of the date of this order. The time for any responsive briefing shall be tolled until service of this amended brief.
|
|
| Docket Date |
2015-01-20
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits ~ **STRICKEN** (WELLINGTON MEDICAL CARE ASSOC., LLC)
|
| On Behalf Of |
RV MATTHEWS, III
|
|
| Docket Date |
2015-01-14
|
| 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, Wellington Medical Associates, LLC, motion filed January 12, 2015, for extension of time, is granted and appellant shall serve the initial brief on or before January 19, 2015. 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 |
2015-01-13
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits ~ (PREMIER FAMILY HEALTH, P.A.)
|
| On Behalf Of |
RV MATTHEWS, III
|
|
| Docket Date |
2015-01-12
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ ("SUPPLEMENTAL JOINT")
|
| On Behalf Of |
INPHYNET CONTRACTING SERVICES
|
|
| Docket Date |
2015-01-12
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits ~ (HEALTHPORT TECHNOLOGIES, LLC)
|
| On Behalf Of |
RV MATTHEWS, III
|
|
| Docket Date |
2015-01-12
|
| 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 |
RV MATTHEWS, III
|
|
| Docket Date |
2014-12-11
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants' motion filed December 5, 2014 for extension of time is granted and appellants shall serve the initial brief on or before January 12, 2015. 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 |
2014-12-05
|
| 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 |
RV MATTHEWS, III
|
|
| Docket Date |
2014-10-28
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants' unopposed joint motion filed October 22, 2014, for second extension of time, is granted and appellants shall serve their respective initial briefs within forty-five (45) days from the date of this order. In addition, if the initial briefs are 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 |
2014-10-22
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ (GRANTED 10/28/14)
|
| On Behalf Of |
INPHYNET CONTRACTING SERVICES
|
|
| Docket Date |
2014-10-07
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice
|
| On Behalf Of |
RV MATTHEWS, III
|
|
| Docket Date |
2014-10-06
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
INPHYNET CONTRACTING SERVICES
|
|
| Docket Date |
2014-10-03
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORD-Granting Consolidation ~ ORDERED that the Appellants' joint motion filed September 11, 2014, to consolidate appeals, to use a joint appendix, and to extend time for filing of briefs is granted, and the above-styled case numbers are now consolidated for record and panel purposes and are to proceed under the time schedule for a non-final appeal and according to the requirements of Fla. R. App. P. 9.130, and shall proceed under case number 14-3382; further, ORDERED that the appellants are directed to use a joint appendix prepared by counsel of appellant InPhyNet Contracting Services, Inc.; further ORDERED that the time for appellants to file initial brief is extended to and including October 27, 2014.
|
|
| Docket Date |
2014-09-16
|
| Type |
Misc. Events
|
| Subtype |
Docketing Statement
|
| Description |
Docketing Statement
|
| On Behalf Of |
INPHYNET CONTRACTING SERVICES
|
|
| Docket Date |
2014-09-11
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate ~ (GRANTED 10/3/14) (WITH 14-3387, 14-3391 AND 14-3392) *AND* TO PERMIT USE OF A JOINT APPENDIX *AND* FOR EXT. OF TIME TO FILE INITIAL BRIEFS
|
| On Behalf Of |
INPHYNET CONTRACTING SERVICES
|
|
| Docket Date |
2014-09-11
|
| Type |
Order
|
| Subtype |
Order to Register/Update eDCA
|
| Description |
Counsel to register with eDCA ~ Be advised that Peter R. Goldman, Bruce F. Silver, Michael Fox Orr, Amanda Ferrelle and Vanessa M. Serrano 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 |
2014-09-11
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2014-09-10
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ ***CLEAR COPY***
|
|
| Docket Date |
2014-09-09
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
INPHYNET CONTRACTING SERVICES
|
|
| Docket Date |
2014-09-09
|
| Type |
Misc. Events
|
| Subtype |
Order Appealed
|
| Description |
**DNU** order appealed
|
|
|
