| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE19-008244 (08)
|
Parties
| Name |
FONT & NELSON, PLLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Jose Font
|
|
| Name |
Andrew Scott Berman
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
DAVIS GOLDMAN, PLLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
GEICO INDEMNITY COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
GEICO GENERAL INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
DR. ROBERT LEWIN
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
JASON GOLDMAN, ESQ
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
YOUNG, BERMAN, KARPF & GONZALEZ, P.A.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
GEICO CASUALTY COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ROSENBERG LAW P.A.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
RIVKIN RADLER, P.A.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PATH MEDICAL, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Bruce R. Calderon, Bruce S. Rosenberg, Alexis S. Disbrow, Bryan Thomas West, Marcy Levine Aldrich, Andrew Scott Berman, Isaac J. Mitrani, Nancy A. Copperthwaite, Andrew M. Feldman, Barri Alexis Reisch, Clinton Richard Losego, Robert M. Klein, Jamie L. Webner, Daniel Bitran, Alex A. Diaz
|
|
| Name |
EDWIN THARP
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Nelson Mullins Riley & Scarborough, LLP
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Kevin P. Tynan
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
RICHARDSON & TYNAN, PLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
GOVERNMENT EMPLOYEES INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SMITH, GAMBRELL & RUSSEL, LLP
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. John B. Bowman
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-07-02
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2021-06-10
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-06-10
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing En Banc
|
| Description |
Order Denying Rehearing En Banc ~ ORDERED that appellant's May 6, 2021 motions for rehearing en banc, clarification, certification, and rehearing are denied.
|
|
| Docket Date |
2021-05-21
|
| Type |
Notice
|
| Subtype |
Notice of Joinder in Filing
|
| Description |
Notice of Joinder ~ AMENDED -- Rivkin Radler LLP and Smith, Gambrell & Russel, LLP
|
| On Behalf Of |
Path Medical, LLC
|
|
| Docket Date |
2021-05-20
|
| Type |
Notice
|
| Subtype |
Notice of Joinder in Filing
|
| Description |
Notice of Joinder ~ AMENDED -- Richardson & Tynan, PLC and Kevin P. Tynan
|
| On Behalf Of |
Path Medical, LLC
|
|
| Docket Date |
2021-05-17
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellees’ May 17, 2021 response in opposition and notice of joinder are stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that the certificates of service do not comply in substance with the requirements of Florida Rule of General Practice and Judicial Administration 2.516(f).
|
|
| Docket Date |
2021-05-19
|
| Type |
Notice
|
| Subtype |
Notice of Joinder in Filing
|
| Description |
Notice of Joinder ~ Nelson Mullins Riley & Scarborough, LLP
|
| On Behalf Of |
Path Medical, LLC
|
|
| Docket Date |
2021-05-19
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellees Richardson & Tynan, PLC and Kevin P. Tynan’s May 19, 2021 notice of joinder and Rosenberg Law, P.A.’s May 19, 2021 notice of joinder are stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that they are computer-generated documents which do not comply with the font requirements set forth in Rule 9.045(b). See Fla. R. App. P. 9.045(b) (“Computer-generated documents shall be filed in either Arial 14-point font or Bookman Old Style 14-point font.”). Amended documents in compliance with Rule 9.045 shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2021-05-17
|
| Type |
Notice
|
| Subtype |
Notice of Joinder in Filing
|
| Description |
Notice of Joinder
|
| On Behalf Of |
Path Medical, LLC
|
|
| Docket Date |
2021-05-18
|
| Type |
Notice
|
| Subtype |
Notice of Joinder in Filing
|
| Description |
Notice of Joinder
|
| On Behalf Of |
Path Medical, LLC
|
|
| Docket Date |
2021-05-17
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ IN OPPOSITION TO MOTION FOR REHEARING, CLARIFICATION, CERTIFICATION and REHEARING EN BANC
|
| On Behalf Of |
Path Medical, LLC
|
|
| Docket Date |
2021-05-06
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing
|
| On Behalf Of |
FONT & NELSON, PLLC
|
|
| Docket Date |
2021-04-21
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Authored Opinion
|
|
| Docket Date |
2020-11-23
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
FONT & NELSON, PLLC
|
|
| Docket Date |
2020-11-13
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken ~ ORDERED that appellant’s reply brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.210 in that it exceeds the page limit. An amended reply brief in compliance with the rules shall be filed within ten (10) days from the date of this order.
|
|
| Docket Date |
2020-11-13
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
FONT & NELSON, PLLC
|
|
| Docket Date |
2020-11-05
|
| 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 appellant’s November 4, 2020 motion for extension of time is granted, and appellant shall serve the reply brief within five (5) days from the current due date. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
|
| Docket Date |
2020-11-04
|
| 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 |
FONT & NELSON, PLLC
|
|
| Docket Date |
2020-10-14
|
| 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 appellant’s October 5, 2020 motion for extension of time is granted, and appellant shall serve the reply brief 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 |
2020-10-05
|
| 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 |
FONT & NELSON, PLLC
|
|
| Docket Date |
2020-09-04
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ RIVKIN RADLER LLP'S AND SMITH, GAMBRELL & RUSSELL, LLP
|
| On Behalf Of |
Path Medical, LLC
|
|
| Docket Date |
2020-09-04
|
| Type |
Notice
|
| Subtype |
Notice of Joinder in Filing
|
| Description |
Notice of Joinder
|
| On Behalf Of |
Path Medical, LLC
|
|
| Docket Date |
2020-09-03
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ GEICO
|
| On Behalf Of |
Path Medical, LLC
|
|
| Docket Date |
2020-09-03
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ GEICO'S APPENDIX
|
| On Behalf Of |
Path Medical, LLC
|
|
| Docket Date |
2020-09-02
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Path Medical, LLC
|
|
| Docket Date |
2020-09-02
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ PATH MEDICAL, LLC, ROBERT LEWIN and EDWIN THARP
|
| On Behalf Of |
Path Medical, LLC
|
|
| Docket Date |
2020-09-02
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellees’ September 2, 2020 answer brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that the certificate of service does not comply in substance with the requirements of Florida Rule of Judicial Administration 2.516(f). Further, ORDERED that appellees’ appendix to the answer brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.220(c), which was amended effective October 1, 2017, in that it was not properly indexed and consecutively paginated, beginning with the cover sheet as page 1, was not paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index, and contains no bookmarks as required by Rule 9.220(c)(3). An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2020-07-22
|
| Type |
Order
|
| Subtype |
Order on Motion For Clarification
|
| Description |
Grant Clarification ~ ORDERED that appellees’ July 21, 2020 “joint motion for clarification of briefing schedule or for extension of time” is granted. Appellees’ answer briefs are due September 4, 2020.
|
|
| Docket Date |
2020-07-21
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Clarification
|
| Description |
Motion for Clarification ~ JOINT MOTION FOR CLARIFICATION OF BRIEFING SCHEDULE OR FOR EXTENSION OF TIME
|
| On Behalf Of |
Path Medical, LLC
|
|
| Docket Date |
2020-07-10
|
| Type |
Disposition by Order
|
| Subtype |
Granted in Part/Denied in Part
|
| Description |
ORD-Grant in Part/Deny in Part ~ Upon consideration of appellant’s July 7, 2020 response, it is ORDERED that appellees’ June 22, 2020 “joint motion to supplement record and request for judicial notice” is denied in part and granted in part. The request to supplement the record is denied. The request to take judicial notice is granted. See § 90.202(6), Fla. Stat. (2019) (permitting a court to take judicial notice of “[r]ecords of any court of this state or of any court of record of the United States or of any state, territory, or jurisdiction of the United States”).
|
|
| Docket Date |
2020-07-07
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
FONT & NELSON, PLLC
|
|
| Docket Date |
2020-06-22
|
| Type |
Motions Other
|
| Subtype |
Motion/Request for Judicial Notice
|
| Description |
Motion/Request for Judicial Notice ~ AND MOTION TO SUPPLEMENT THE RECORD
|
| On Behalf Of |
Path Medical, LLC
|
|
| Docket Date |
2020-06-22
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellant to File Response ~ ORDERED that appellant is directed to respond, within fifteen (15) days from the date of this order, to appellees’ June 22, 2020 “joint motion to supplement record and request for judicial notice.”
|
|
| Docket Date |
2020-05-19
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellees’ May 13, 2020 motion for extension of time is granted, and appellees shall serve the answer brief within ninety (90) days from the date 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 |
2020-05-13
|
| 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 |
Path Medical, LLC
|
|
| Docket Date |
2020-04-15
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
FONT & NELSON, PLLC
|
|
| Docket Date |
2020-04-15
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
FONT & NELSON, PLLC
|
|
| Docket Date |
2020-04-14
|
| Type |
Order
|
| Subtype |
Order Discharging Show Cause Order
|
| Description |
ORD-Discharging Show Cause ~ ORDERED that, upon consideration of appellant’s response filed April 13, 2020, this court’s April 1, 2020 order to show cause is discharged. Further, ORDERED that appellant’s April 13, 2020 motion for extension of time is granted, and appellant shall serve the initial brief within one (1) day from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2020-04-13
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause
|
| On Behalf Of |
FONT & NELSON, PLLC
|
|
| Docket Date |
2020-04-01
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ **DISCHARGED**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 |
2020-01-15
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF COMPLIANCE WITH COURT'S ORDER DATED JANUARY 6, 2020
|
| On Behalf Of |
FONT & NELSON, PLLC
|
|
| Docket Date |
2020-01-14
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken as Unauthorized ~ ORDERED that the appellees’ January 13, 2020 notice of unavailability is stricken as unauthorized.
|
|
| Docket Date |
2020-01-13
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF UNAVAILABILITY
|
| On Behalf Of |
Path Medical, LLC
|
|
| Docket Date |
2020-01-06
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that appellant’s January 2, 2020 “amended motion for relief and/or motion for extension of time to comply with December 2, 2019 order” is granted, and the time to comply with this court’s December 2, 2019 order is extended up to and including January 15, 2020.
|
|
| Docket Date |
2020-01-02
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ AMENDED MOTION FOR RELIEF AND/OR MOTION FOR EXTENSION OF TIME TO COMPLY
|
| On Behalf Of |
FONT & NELSON, PLLC
|
|
| Docket Date |
2019-12-30
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ MOTION FOR RELIEF AND/OR MOTION FOR EXTENSION OF TIME TO COMPLY
|
| On Behalf Of |
FONT & NELSON, PLLC
|
|
| Docket Date |
2019-12-17
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ (653 PAGES)
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2019-12-02
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
Aplnt to Obtain Final Order-Per Dobrick ~ Upon consideration of appellant’s November 18, 2019 jurisdictional brief, appellee GEICO’s November 26, 2019 response, and the November 27, 2019 notices of joinder, it is ORDERED that appellant shall have thirty (30) days from the date of this order to obtain a final order, dismissing the underlying proceedings as to the parties involved, and to file a copy in this court. Failure to do so will result in the sua sponte dismissal of the appeal. See Fla. R. App. P. 9.110(l).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 |
2019-11-27
|
| Type |
Notice
|
| Subtype |
Notice of Joinder in Filing
|
| Description |
Notice of Joinder ~ ROSENBERG LAW, P.A.
|
| On Behalf Of |
Path Medical, LLC
|
|
| Docket Date |
2019-11-26
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO JURISDICTIONAL BRIEF (GEICO)
|
| On Behalf Of |
Path Medical, LLC
|
|
| Docket Date |
2019-11-26
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Path Medical, LLC
|
|
| Docket Date |
2019-11-21
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Path Medical, LLC
|
|
| Docket Date |
2019-11-20
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Path Medical, LLC
|
|
| Docket Date |
2019-11-18
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
FONT & NELSON, PLLC
|
|
| Docket Date |
2019-11-12
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Path Medical, LLC
|
|
| Docket Date |
2019-11-07
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
AA - File Statement for Basis of Jurisdiction ~ ORDERED that, within ten (10) days from the date of this order, appellant shall file in this court a brief statement explaining the basis for this court's subject matter jurisdiction over the order appealed in this case, citing supporting legal authorities. Appellant shall specifically address how the "order granting motions to dismiss" is a final, appealable order, as: (1) the order dismisses count II without prejudice and with leave to amend, Neptune v. Boncroft, 110 So. 3d 537, 538 (Fla. 4th DCA 2013) (orders granting motions to dismiss and affording leave to amend are non-final and non-appealable); and (2) there remains counts pending that may be legally interrelated and in substance involve the same transaction as the disposed of counts, Mendez v. W. Flagler Family Ass'n, 303 So. 2d 1, 5 (Fla. 1974); Flinn v. Flinn, 68 So. 3d 424 (Fla. 4th DCA 2011).; furtherAppellees may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2019-11-07
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
FONT & NELSON, PLLC
|
|
| Docket Date |
2019-11-06
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| Description |
Order for Amendment to Notice of Appeal ~ ORDERED that the appellant is directed to file, within ten (10) days from the date of this order, an amended Notice of Appeal with a certificate of service that states the name of the attorney of record for the appellee and his/her physical address.
|
|
| Docket Date |
2019-11-06
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2019-11-05
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2019-11-05
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
FONT & NELSON, PLLC
|
|
|
