|
LEE M. MANDEL, M.D., et al. VS PAUL B. TARTELL, M.D.
|
4D2016-2230
|
2016-07-01
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE 14-020608 25
|
Parties
| Name |
PLANTATION EAR, NOSE & THROAT
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
LEE M. MANDEL, M.D., INC.
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Deanna K. Shullman, Mark R. Caramanica, James Joseph McGuire
|
|
| Name |
SOUTH FLORIDA SINUS
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
PAUL B. TARTELL, M.D., INC.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Beverly A. Pohl, MATTHEW S. NELLES, Adam Glenn Rabinowitz, Barbara Viota-Sawisch
|
|
| Name |
Hon. Carol-Lisa Phillips
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2016-07-27
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2016-07-27
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order-Original Proceeding Dismissed ~ ORDERED that the petition for writ of certiorari is dismissed. Power Plant Entertainment, LLC v. Trump Hotels & Casino Resorts, 958 So. 2d 565 (Fla. 4th DCA 2007); Romanos v. Caldwell, 980 So. 2d 1091, 1092 (Fla. 4th DCA 2008) (explaining that Power Plant ¿was not an invitation for litigants to seek review of all orders denying discovery¿).GROSS, GERBER and CONNER, JJ., concur.
|
|
| Docket Date |
2016-07-05
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Writ of Certiorari / Acknowledgment letter
|
|
| Docket Date |
2016-07-05
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Original Proceeding ~ The $300.00 filing fee or affidavit of indigency in conformance with sections 57.081 and 57.085, Florida Statutes, did not accompany the petition as required in Florida Rule of Appellate Procedure 9.100(b). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE PETITION IS SUBSEQUENTLY VOLUNTARILY DISMISSED OR ADVERSELY DISMISSED.ORDERED sua sponte that the $300.00 filing fee or affidavit of indigency in conformance with section 57.081 and 57.085, Florida Statutes, must be filed in this Court within ten (10) days from the date of the entry of this order. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the petition has a duty to tender the filing fee to the appellate court when the petition is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: No extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until this filing fee is paid or until an affidavit of indigency is filed and indigency status is granted.
|
|
| Docket Date |
2016-07-05
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF SERVING AMENDED CERT. OF SERVICE
|
| On Behalf Of |
LEE M. MANDEL, M.D.
|
|
| Docket Date |
2016-07-01
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
| On Behalf Of |
LEE M. MANDEL, M.D.
|
|
| Docket Date |
2016-07-01
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed
|
| On Behalf Of |
LEE M. MANDEL, M.D.
|
|
| Docket Date |
2016-07-01
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
LEE M. MANDEL, M.D., ET AL. VS PAUL B. TARTELL, M.D., ET AL.
|
4D2016-1573
|
2016-05-12
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE12002960 (13)
|
Parties
| Name |
LEE M. MANDEL, M.D., INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
James Joseph McGuire, Mark R. Caramanica, Deanna K. Shullman, Tracy Belinda Newmark
|
|
| Name |
o/b/o TARTELL & MANDEL M.D., LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
PAUL B. TARTELL, M.D., INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Matthew S. Nelles, Beverly A. Pohl, Adam Glenn Rabinowitz
|
|
| Name |
f/k/a PAUL B. TARTELL, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PAUL B. TARTELL, M.D., P.L.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. William W. Haury, Jr.
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2017-01-09
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the January 4, 2017 joint stipulation for dismissal of appeals, these cases are dismissed.
|
|
| Docket Date |
2017-01-09
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2016-12-20
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that appellant's December 15, 2016 motion for extension is granted and this case is stayed through January 30, 2017.
|
|
| Docket Date |
2016-11-16
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Grant Stay ~ ORDERED that appellant's November 14, 2016 motion for extension of time is treated as a motion to stay and is granted. This case is stayed for thirty (30) days from the date of this order.
|
|
| Docket Date |
2016-10-17
|
| 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 October 13, 2016 motion for extension of time is granted, and appellant shall serve the initial brief on or before November 16, 2016. 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 |
2016-07-08
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
LEE M. MANDEL, M.D.
|
|
| Docket Date |
2016-06-28
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
|
| Docket Date |
2016-05-17
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORD-Granting Consolidation ~ ORDERED that appellants' May 13, 2016 motion to consolidate is granted, and the above-styled case numbers are consolidated and are to proceed under the time schedule for a direct appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D16-1572. Appellants shall file a single initial brief that addresses the issues of both cases.
|
|
| Docket Date |
2016-05-13
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2016-05-13
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate ~ WITH 16-1572
|
| On Behalf Of |
LEE M. MANDEL, M.D.
|
|
| Docket Date |
2016-05-12
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ FILED BY ATTORNEY 5/11/16 - NOT CERTIFIED
|
| On Behalf Of |
LEE M. MANDEL, M.D.
|
|
| Docket Date |
2016-05-12
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2016-08-05
|
| Type |
Order
|
| Subtype |
Order to Transmit Record/Supplemental Record on Appeal
|
| Description |
Order to Supplement Record - transcript ~ ORDERED that appellant's July 29, 2016 motion to correct and supplement the record is granted. The material requested in the motion shall be included in the record on appeal. The clerk of the lower tribunal shall prepare and file the supplemental material in this court within ten (10) days from receipt of the transcript. Appellant shall monitor the supplementation process.
|
|
| Docket Date |
2016-05-13
|
| 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.
|
|
|
|
LEE M. MANDEL, M.D., ET AL. VS PAUL B. TARTELL, M.D., ET AL.
|
4D2016-1572
|
2016-05-12
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE12002957 (03)
|
Parties
| Name |
LEE M. MANDEL, M.D., INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Deanna K. Shullman, Tracy Belinda Newmark, Mark R. Caramanica, James Joseph McGuire
|
|
| Name |
o/b/o TARTELL & MANDEL M.D., LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
f/k/a PAUL B. TARTELL, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PAUL B. TARTELL, M.D., INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Adam Glenn Rabinowitz, Matthew S. Nelles, CHRISTINA LEHM, Beverly A. Pohl
|
|
| Name |
PAUL B. TARTELL, M.D., P.L.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. William W. Haury, Jr.
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2017-01-09
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2017-01-09
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the January 4, 2017 joint stipulation for dismissal of appeals, these cases are dismissed.
|
|
| Docket Date |
2017-01-04
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal ~ "JOINT STIPULATION"
|
| On Behalf Of |
LEE M. MANDEL, M.D.
|
|
| Docket Date |
2016-12-20
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that appellant's December 15, 2016 motion for extension is granted and this case is stayed through January 30, 2017.
|
|
| Docket Date |
2016-12-15
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ OF STAY OF CASE.
|
| On Behalf Of |
LEE M. MANDEL, M.D.
|
|
| Docket Date |
2016-11-16
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Grant Stay ~ ORDERED that appellant's November 14, 2016 motion for extension of time is treated as a motion to stay and is granted. This case is stayed for thirty (30) days from the date of this order.
|
|
| Docket Date |
2016-11-14
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ **TREATED AS A MOTION TO STAY**
|
| On Behalf Of |
LEE M. MANDEL, M.D.
|
|
| Docket Date |
2016-10-17
|
| 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 October 13, 2016 motion for extension of time is granted, and appellant shall serve the initial brief on or before November 16, 2016. 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 |
2016-10-13
|
| 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 |
LEE M. MANDEL, M.D.
|
|
| Docket Date |
2016-08-08
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ CORRECTED AS TO PAGES 4370-4383 (CORRECTED DATE) (4626 PAGES)
|
|
| Docket Date |
2016-08-05
|
| Type |
Order
|
| Subtype |
Order to Transmit Record/Supplemental Record on Appeal
|
| Description |
Order to Supplement Record - transcript ~ ORDERED that appellant's July 29, 2016 motion to correct and supplement the record is granted. The material requested in the motion shall be included in the record on appeal. The clerk of the lower tribunal shall prepare and file the supplemental material in this court within ten (10) days from receipt of the transcript. Appellant shall monitor the supplementation process.
|
|
| Docket Date |
2016-07-29
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Amend/Correct Record
|
| Description |
Motion To Correct the Record ~ (STIPULATED) *AND* TO SUPPLEMENT RECORD.
|
| On Behalf Of |
LEE M. MANDEL, M.D.
|
|
| Docket Date |
2016-07-22
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ (4626 PAGES) **SEE CORRECTED RECORD FILED 8/8/16**
|
|
| Docket Date |
2016-07-08
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ 90 DAYS TO 10/17/16
|
| On Behalf Of |
LEE M. MANDEL, M.D.
|
|
| Docket Date |
2016-06-28
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
PAUL B. TARTELL, M.D.
|
|
| Docket Date |
2016-05-17
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORD-Granting Consolidation ~ ORDERED that appellants' May 13, 2016 motion to consolidate is granted, and the above-styled case numbers are consolidated and are to proceed under the time schedule for a direct appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D16-1572. Appellants shall file a single initial brief that addresses the issues of both cases.
|
|
| Docket Date |
2016-05-13
|
| 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 |
2016-05-13
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2016-05-13
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate ~ WITH 16-1573
|
| On Behalf Of |
LEE M. MANDEL, M.D.
|
|
| Docket Date |
2016-05-12
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2016-05-12
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
LEE M. MANDEL, M.D.
|
|
|
