| Docket Date |
2020-03-31
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the March 26, 2020 notice of voluntary dismissal, this case is dismissed. Further, ORDERED that appellee’s January 13, 2020 motion for attorney’s fees is denied as moot.
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|
| Docket Date |
2020-03-31
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2020-03-30
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-To File Response ~ Upon consideration of appellants’ March 26, 2020 notice of voluntary dismissal, it is ORDERED that, within ten (10) days of this order, appellee shall notify this court whether appellee’s January 13, 2020 motion for appellate attorney’s fees may be denied as moot pursuant to the parties’ settlement.
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|
| Docket Date |
2020-03-30
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
RICHMOND BROOKS, IV
|
|
| Docket Date |
2020-03-26
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing
|
| On Behalf Of |
CHARLES V. TOMAN, M.D.
|
|
| Docket Date |
2020-03-26
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
CHARLES V. TOMAN, M.D.
|
|
| Docket Date |
2020-03-17
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
ORD-Granting EOT for Relinquishment of Juris. ~ ORDERED that appellants’ March 16, 2020 motion to extend relinquishment is granted. Relinquishment of jurisdiction to the trial court is continued until April 20, 2020 for the parties to finalize and execute the settlement agreement and move to vacate the final judgment. Appellants shall forward to this court a copy of any order issued during relinquishment. It is further ordered that appellants shall monitor this proceeding in the trial court. If further time is needed beyond this relinquishment period, it shall be the duty of appellants to request an extension of time by proper motion to this court. This case is stayed and shall proceed in this court upon expiration of relinquishment unless otherwise notified in writing by the parties.
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|
| Docket Date |
2020-03-16
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ THE PERIOD OF RELINQUISHMENT OF JURISDICTION
|
| On Behalf Of |
CHARLES V. TOMAN, M.D.
|
|
| Docket Date |
2020-02-18
|
| Type |
Order
|
| Subtype |
Order on Motion to Relinquish Jurisdiction
|
| Description |
Order Granting Relinquishment of Jurisdiction ~ ORDERED that the parties’ February 11, 2020 “joint motion for relinquishment of jurisdiction and stay pending finalization of settlement” is granted. Jurisdiction is relinquished to the trial court for thirty (30) days for the parties to finalize and execute the settlement agreement and move to vacate the final judgment. Appellants shall forward to this court a copy of any order issued during relinquishment. It is further ordered that appellants shall monitor this proceeding in the trial court. If further time is needed beyond this relinquishment period, it shall be the duty of appellants to request an extension of time by proper motion to this court. This case is stayed and shall proceed in this court upon expiration of relinquishment unless otherwise notified in writing by the parties.
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|
| Docket Date |
2020-02-11
|
| Type |
Motions Other
|
| Subtype |
Motion To Relinquish Jurisdiction
|
| Description |
Motion To Relinquish Jurisdiction ~ AND STAY PENDING FINALIZATION OF SETTLEMENT
|
| On Behalf Of |
CHARLES V. TOMAN, M.D.
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|
| Docket Date |
2020-02-04
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ IN OPPOSITION TO APPELLEE'S MOTION FOR ATTORNEY'S FEES
|
| On Behalf Of |
CHARLES V. TOMAN, M.D.
|
|
| Docket Date |
2020-01-29
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT to file Response ~ ORDERED that appellants’ January 28, 2020 motion for extension of time is granted, and the time for filing a response to appellee’s motion for attorney’s fees is extended until February 4, 2020.
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|
| Docket Date |
2020-01-28
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
| On Behalf Of |
CHARLES V. TOMAN, M.D.
|
|
| Docket Date |
2020-01-13
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
RICHMOND BROOKS, IV
|
|
| Docket Date |
2020-01-13
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ (RESPONSE FILED 02/04/2020)
|
| On Behalf Of |
RICHMOND BROOKS, IV
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|
| Docket Date |
2019-12-13
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 01/13/2020
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|
| Docket Date |
2019-12-13
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
RICHMOND BROOKS, IV
|
|
| Docket Date |
2019-11-13
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
RICHMOND BROOKS, IV
|
|
| Docket Date |
2019-11-13
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 12/13/2019
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|
| Docket Date |
2019-10-14
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee’s October 11, 2019 amended motion for extension of time is granted, and appellee shall serve the answer brief within thirty (30) days from the date of this order. 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.
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|
| Docket Date |
2019-10-11
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ (AMENDED)
|
| On Behalf Of |
RICHMOND BROOKS, IV
|
|
| Docket Date |
2019-10-10
|
| 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 |
RICHMOND BROOKS, IV
|
|
| Docket Date |
2019-09-10
|
| Type |
Order
|
| Subtype |
Order on Motion For Leave To File Amended Brief
|
| Description |
Grant Motion Serve Amended Brief ~ ORDERED that appellants’ August 26, 2019 motion to serve an amended initial brief is granted. Said amended brief is deemed filed as of the date of this order.
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|
| Docket Date |
2019-09-10
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Appellant's Initial Brief
|
| On Behalf Of |
CHARLES V. TOMAN, M.D.
|
|
| Docket Date |
2019-08-26
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to Amend Brief
|
| Description |
Motion For Leave To File Amended Brief
|
| On Behalf Of |
CHARLES V. TOMAN, M.D.
|
|
| Docket Date |
2019-08-21
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
CHARLES V. TOMAN, M.D.
|
|
| Docket Date |
2019-08-21
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
CHARLES V. TOMAN, M.D.
|
|
| Docket Date |
2019-07-19
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 08/21/19
|
|
| Docket Date |
2019-07-19
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
CHARLES V. TOMAN, M.D.
|
|
| Docket Date |
2019-06-25
|
| Type |
Order
|
| Subtype |
Order to Transmit Record/Supplemental Record on Appeal
|
| Description |
Order Directing Clerk to File Unredacted Record ~ ORDERED that appellants’ June 21, 2019 “unopposed motion to un-redact the record on appeal” is granted. The clerk of the lower tribunal shall file an unredacted version of the record on appeal within five (5) days from the date of this order. The lower tribunal shall maintain the appellee’s Social Security number and date of birth redacted pursuant to Florida Rule of Judicial Administration 2.425(a). When filing the unredacted version of the record, the clerk of the lower tribunal shall indicate on the front cover of the document that the record is unredacted and confidential.
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|
| Docket Date |
2019-06-25
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ NOT REDACTED/CONFIDENTIAL (2949 PAGES)
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2019-06-21
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion for Unredacted Record on Appeal
|
| Description |
Motion to Direct the LT Clerk to File Unredacted Record
|
| On Behalf Of |
CHARLES V. TOMAN, M.D.
|
|
| Docket Date |
2019-06-20
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
CHARLES V. TOMAN, M.D.
|
|
| Docket Date |
2019-06-20
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 07/22/19
|
|
| Docket Date |
2019-06-13
|
| Type |
Record
|
| Subtype |
Transcript
|
| Description |
Transcript Received ~ CORRECTED (2,293 PAGES)
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2019-06-04
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants’ June 3, 2019 unopposed motion for extension of time and to amend the trial transcript is granted. The court reporter shall have ten (10) days from the date of this order in which to complete the remaining transcripts. The clerk of the lower tribunal shall prepare and file the material in this court within ten (10) days from receipt of the transcripts. Further, ORDERED that appellants’ request for an extension of time to file the initial brief, found in the motion, is granted in part, and appellants shall serve the initial brief within ten (10) days from receipt of the transcripts.
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|
| Docket Date |
2019-06-03
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ AND TO AMEND THE TRIAL TRANSCRIPT
|
| On Behalf Of |
CHARLES V. TOMAN, M.D.
|
|
| Docket Date |
2019-05-15
|
| Type |
Record
|
| Subtype |
Transcript
|
| Description |
Transcript Received ~ (2,165 PAGES)
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2019-05-10
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ (2,892 PAGES)
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2019-04-26
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
RICHMOND BROOKS, IV
|
|
| Docket Date |
2019-04-23
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time for Court Reporter
|
| Description |
Order Granting EOT for Court Reporter's Transcript ~ ORDERED that the court reporter's request for an extension of time to file the transcript with the circuit court is granted, and the time for preparation and service of the transcript is extended to and including April 26, 2019. Attorneys shall notify this court of non-compliance; further,ORDERED that all other time frames pertaining to the filing of the record and briefs are extended accordingly. See Fla. R. App. P. 9.300(b) (record on appeal is due twenty (20) days after receipt of the transcript, appellant's initial brief shall be filed within thirty (30) days from service of the index to the record.).
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|
| Docket Date |
2019-04-22
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion for Extension of Time for Court Reporter
|
| Description |
Motion EOT For Court Reporter Transcript
|
|
| Docket Date |
2019-04-18
|
| Type |
Motions Other
|
| Subtype |
Request for Emergency Treatment
|
| Description |
Request for Emergency Treatment
|
|
| Docket Date |
2019-04-18
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion for Extension of Time for Court Reporter
|
| Description |
Motion EOT For Court Reporter Transcript
|
| On Behalf Of |
CHARLES V. TOMAN, M.D.
|
|
| Docket Date |
2019-04-18
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time for Court Reporter
|
| Description |
Order Granting EOT for Court Reporter's Transcript ~ ORDERED that the court reporter's April 18, 2019 request for an extension of time, found in the April 18, 2019 "designation to court reporter and reporter's acknowledgment" is granted, and the time for preparation and service of the transcript is extended to and including April 23, 2019. Attorneys shall notify this court of non-compliance. Further, ORDERED that all other time frames pertaining to the filing of the record and briefs are extended accordingly. See Fla. R. App. P. 9.300(b) (record on appeal is due twenty (20) days after receipt of the transcript, appellant's initial brief shall be filed within thirty (30) days from service of the index to the record.). Further, ORDERED that the court reporters' April 18, 2019 request for emergency treatment is denied. An "emergency" is a matter of extreme urgency that requires immediate action by this court in order to avoid imminent, irreparable, and material harm. See Administrative Order No. 2014-1 (effective June 12, 2018).
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|
| Docket Date |
2019-04-09
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time for Court Reporter
|
| Description |
Order Granting EOT for Court Reporter's Transcript ~ ORDERED that the court reporter's request for an extension of time to file the transcript with the circuit court is granted, and the time for preparation and service of the transcript is extended to and including April 19, 2019. Attorneys shall notify this court of non-compliance; further,ORDERED that all other time frames pertaining to the filing of the record and briefs are extended accordingly. See Fla. R. App. P. 9.300(b) (record on appeal is due twenty (20) days after receipt of the transcript, appellant's initial brief shall be filed within thirty (30) days from service of the index to the record.).
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|
| Docket Date |
2019-04-05
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time for Court Reporter
|
| Description |
Order Denying EOT Court Reporter - Transcription ~ ORDERED that the court reporter's April 4, 2019 motion for extension of time is denied without prejudice to refiling the motion with an explanation for why an extension is necessary.
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|
| Docket Date |
2019-04-05
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion for Extension of Time for Court Reporter
|
| Description |
Motion EOT For Court Reporter Transcript
|
| On Behalf Of |
CHARLES V. TOMAN, M.D.
|
|
| Docket Date |
2019-04-04
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion for Extension of Time for Court Reporter
|
| Description |
Motion EOT For Court Reporter Transcript
|
| On Behalf Of |
CHARLES V. TOMAN, M.D.
|
|
| Docket Date |
2019-03-07
|
| Type |
Misc. Events
|
| Subtype |
Court Reporter Acknowledgement Letter
|
| Description |
Court Reporter Acknowledgement Letter
|
| On Behalf Of |
CHARLES V. TOMAN, M.D.
|
|
| Docket Date |
2019-02-06
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
CHARLES V. TOMAN, M.D.
|
|
| Docket Date |
2019-02-06
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2019-02-06
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
CHARLES V. TOMAN, M.D.
|
|
| Docket Date |
2019-02-06
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal - see the court's website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed.
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