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COLUMNA, INC., Appellant(s) v. ANDREA COWART, Appellee(s).
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4D2023-2861
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2023-11-28
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Open
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502016CA008995
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Parties
| Name |
COLUMNA INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Kara Rockenbach Link, William Cornwell, David Friedman, David Michael Kerner, Gregory William Coleman, Santo DiGangi
|
|
| Name |
Andrea Cowart
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Jeffrey Michael Liggio, Olivia D. Liggio, Philip Mead Burlington, Nichole Johnston Segal
|
|
| Name |
Hon. Gerard Joseph Curley Jr.
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Palm Beach Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-08-14
|
| Type |
Recognizing Agreed Extension
|
| Subtype |
Answer Brief
|
| Description |
30 Days to September 14, 2024
|
|
| Docket Date |
2024-11-26
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
|
| Docket Date |
2024-11-26
|
| Type |
Recognizing Agreed Extension
|
| Subtype |
Reply Brief
|
| Description |
15 Days to December 12, 2024
|
|
| Docket Date |
2024-11-26
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension of Time - Reply Brief
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| On Behalf Of |
Columna, Inc.
|
|
| Docket Date |
2024-11-22
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| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Record
|
| On Behalf Of |
Columna, Inc.
|
|
| Docket Date |
2024-11-22
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement Record
|
|
| Docket Date |
2024-11-04
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
ORDERED that Appellee's October 31, 2024 motion to supplement the record is granted, and the record is supplemented to include the material requested in the motion. Said supplemental record is deemed filed as of the date of this order.
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| View |
View File
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| Docket Date |
2024-10-31
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| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Amended Motion to Supplement Record
|
|
| Docket Date |
2024-10-30
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| Type |
Order
|
| Subtype |
Order on Motion/Notice Voluntary Dismissal (non-dispositive)
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| Description |
Pursuant to the October 28, 2024 notice of voluntary dismissal, this appeal is dismissed as to Andrea Cowart's cross-appeal.
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| View |
View File
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|
| Docket Date |
2024-10-29
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| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Answer Brief
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| On Behalf Of |
Andrea Cowart
|
|
| Docket Date |
2024-10-29
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| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Appellant's Amended Motion for Appellate Attorney's Fees
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| On Behalf Of |
Andrea Cowart
|
|
| Docket Date |
2024-10-29
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement Record
|
|
| Docket Date |
2024-10-29
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| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Answer Brief
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| On Behalf Of |
Andrea Cowart
|
|
| Docket Date |
2024-10-29
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| Type |
Motions Other
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| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Motion/Notice Voluntary Dismissal
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| On Behalf Of |
Andrea Cowart
|
|
| Docket Date |
2024-10-24
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| Type |
Notice
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| Subtype |
Notice
|
| Description |
Notice
|
| On Behalf Of |
Cigna Health and Life Insurance Company
|
|
| Docket Date |
2024-10-15
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| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Unopposed Motion for Extension of Time to Serve Answer Brief
|
|
| Docket Date |
2024-09-12
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| Type |
Recognizing Agreed Extension
|
| Subtype |
Answer Brief
|
| Description |
30 Days to October 15, 2024.
|
|
| Docket Date |
2024-09-12
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| Type |
Notice
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| Subtype |
Notice of Agreed Extension of Time - Answer Brief
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| Description |
Notice of Agreed Extension of Time - Answer/Cross-Initial Brief
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|
| Docket Date |
2024-08-23
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| Type |
Notice
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| Subtype |
Notice of Supplemental Authority
|
| Description |
Appellant's Notice of Supplemental Authority
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|
| Docket Date |
2024-07-17
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| Type |
Motions Relating to Attorney Fees/Costs
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| Subtype |
Motion For Attorney's Fees
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| Description |
Appellant's Amended Motion For Attorney's Fees
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| Docket Date |
2024-07-13
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| Type |
Recognizing Agreed Extension
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| Subtype |
Answer Brief
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| Description |
30 Days to August 14, 2024.
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|
| Docket Date |
2024-07-12
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| Type |
Notice
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| Subtype |
Notice of Agreed Extension of Time - Answer Brief
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| Description |
Notice of Agreed Extension of Time - Answer/Cross-Initial Brief
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|
| Docket Date |
2024-06-25
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to File Response
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| Description |
Motion for Extension of Time to File Response
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|
| Docket Date |
2024-06-13
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| Type |
Motions Relating to Attorney Fees/Costs
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| Subtype |
Motion For Attorney's Fees
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| Description |
Appellant's Motion For Attorney's Fees
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|
| Docket Date |
2024-06-13
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| Type |
Motions Relating to Oral Argument
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| Subtype |
Motion/Request for Oral Argument
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| Description |
Appellant's Request for Oral Argument
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|
| Docket Date |
2024-06-13
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| Type |
Brief
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| Subtype |
Initial Brief
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| Description |
Initial Brief
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| On Behalf Of |
Columna, Inc.
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|
| Docket Date |
2024-05-14
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| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order on Motion for Extension of Time to Serve Initial Brief
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| View |
View File
|
|
| Docket Date |
2024-05-10
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to Serve Initial Brief
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| Description |
Amended Motion for Extension of Time to Serve Initial Brief
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|
| Docket Date |
2024-05-06
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Motion for Extension of Time to Serve Initial Brief
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|
| Docket Date |
2024-03-28
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| Type |
Recognizing Agreed Extension
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| Subtype |
Initial Brief
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| Description |
30 Days to May 6, 2024.
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|
| Docket Date |
2024-03-28
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| Type |
Notice
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| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension of Time - Initial Brief
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| On Behalf Of |
Columna, Inc.
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|
| Docket Date |
2024-02-01
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| Type |
Order
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| Subtype |
Order on Agreed Extension of Time
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| Description |
60 Days to April 5, 2024
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|
| Docket Date |
2024-02-01
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| Type |
Notice
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| Subtype |
Notice of Agreed Extension of Time - Initial Brief
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| Description |
Notice of Agreed Extension of Time - Initial Brief
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| On Behalf Of |
Columna, Inc.
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|
| Docket Date |
2024-01-27
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| Type |
Notice
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| Subtype |
Notice of Appearance
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| Description |
Notice of Appearance
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| On Behalf Of |
Andrea Cowart
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|
| Docket Date |
2024-01-11
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| Type |
Record
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| Subtype |
Record on Appeal Confidential
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| Description |
**Confidential**Record on Appeal - 1,092 Pages
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| On Behalf Of |
Palm Beach Clerk
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|
| Docket Date |
2023-12-29
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| Type |
Miscellaneous Document
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| Subtype |
Pay Cross Notice Filing Fee-295
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| Description |
Paid Cross Notice Filing Fee-295
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| On Behalf Of |
Andrea Cowart
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| View |
View File
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| Docket Date |
2023-12-13
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| Description |
Order to Pay Cross-Appeal Filing Fee
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| View |
View File
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|
| Docket Date |
2023-12-13
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| Type |
Notice
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| Subtype |
Notice of Cross Appeal
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| Description |
Notice of Cross Appeal
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| On Behalf Of |
Palm Beach Clerk
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|
| Docket Date |
2023-11-28
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| Type |
Miscellaneous Document
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| Subtype |
Pay Case Filing Fee-300
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| Description |
Case Filing Fee Paid through Portal
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| On Behalf Of |
Columna, Inc.
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| View |
View File
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|
| Docket Date |
2023-11-28
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter
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| View |
View File
|
|
| Docket Date |
2023-11-28
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| Type |
Order
|
| Subtype |
Order on Filing Fee
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| Description |
Order on Filing Fee
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| View |
View File
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| Docket Date |
2023-11-28
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| Type |
Notice
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| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal
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| Docket Date |
2024-12-12
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| Type |
Brief
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| Subtype |
Reply Brief
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| Description |
Reply Brief
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| On Behalf Of |
Columna, Inc.
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| Docket Date |
2024-12-11
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| Type |
Response
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| Subtype |
To Motion for Attorney Fees
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| Description |
Response to Motion for Attorney Fees
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| On Behalf Of |
Columna, Inc.
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| View |
View File
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| Docket Date |
2024-11-22
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| Type |
Order
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| Subtype |
Order on Motion to Supplement Record
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| Description |
ORDERED that Appellant's November 21, 2024 motion to supplement the record is granted, and the record is supplemented to include the material requested in the motion. Said supplemental record is deemed filed as of the date of this order.
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| View |
View File
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| Docket Date |
2024-10-16
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| Type |
Order
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| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
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| Description |
ORDERED that Appellees' October 15, 2024 motion for extension of time is granted, and Appellees shall serve the answer brief within ten (10) days from the date of this order. In addition, Appellees are notified that the failure to serve the brief within the time provided herein will foreclose Appellees' right to file a brief or otherwise participate in this appeal, or the court in its discretion may impose other sanctions. Appellees are 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.
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| View |
View File
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| Docket Date |
2024-08-14
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| Type |
Notice
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| Subtype |
Notice of Agreed Extension of Time - Answer Brief
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| Description |
Notice of Agreed Extension of Time - Answer/Cross-Initial Brief
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| On Behalf Of |
Andrea Cowart
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| Docket Date |
2024-06-27
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| Type |
Order
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| Subtype |
Order on Motion for Extension of Time to File Response
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| Description |
ORDERED that Appellee's June 25, 2024 motion for extension of time is granted, and the time for filing a response to Appellant's motion for attorney's fees is extended to the due date of the answer/cross-initial brief.
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| View |
View File
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COLUMNA, INC. VS JASMINE HUNTER BOSTON
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6D2023-4041
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2023-10-18
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Closed
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| Classification |
NOA Final - Circuit Civil - Other
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| Court |
6th District Court of Appeal
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| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Lee County
21-CA-002744
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Parties
| Name |
COLUMNA INC.
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| Role |
Appellant
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| Status |
Active
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| Representations |
SANFORD R. TOPKIN, ESQ.
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|
| Name |
JASMINE HUNTER BOSTON
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| Role |
Appellee
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| Status |
Active
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| Representations |
D. RICCARDO PAGE, SR., ESQ.
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|
| Name |
HONORABLE ALANE LABODA
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| Role |
Judge/Judicial Officer
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| Status |
Active
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|
| Name |
KEVIN KARNES, CLERK
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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Docket Entries
| Docket Date |
2024-11-21
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| Type |
Mandate
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| Subtype |
Mandate
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| Description |
Mandate
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| View |
View File
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| Docket Date |
2024-03-12
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| Type |
Disposition by Order
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| Subtype |
Dismissed
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| Description |
ORDER GRANTING VOLUNTARY DISMISSAL ~ Pursuant to the notice of voluntary dismissal filed February 22. 2024,this appeal is dismissed.
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| Docket Date |
2024-02-22
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| Type |
Motions Other
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| Subtype |
Motion/Notice Voluntary Dismissal
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| Description |
Notice of Voluntary Dismissal ~ NOTICE OF DISMISSAL WITH PREJUDICE
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| On Behalf Of |
COLUMNA, INC.
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| Docket Date |
2024-02-22
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| Type |
Notice
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| Subtype |
Notice of Appearance
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| Description |
Notice of Appearance
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| On Behalf Of |
COLUMNA, INC.
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| Docket Date |
2024-02-20
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| Type |
Motions Relating to Parties and Counsel
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| Subtype |
Motion To Withdraw as Counsel
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| Description |
Motion To Withdraw as Counsel ~
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| On Behalf Of |
COLUMNA, INC.
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| Docket Date |
2024-02-07
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| Type |
Record
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| Subtype |
Record on Appeal
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| Description |
Received Records ~ ***REDACTED*** - JUDGE LABODA - 547 PAGES
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| On Behalf Of |
KEVIN KARNES, CLERK
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| Docket Date |
2024-01-29
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| Type |
Mediation
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| Subtype |
Response to Order of Referral to Mediation
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| Description |
Response to Order of Referral to Mediation ~ LOCATED IN IDCA CONFIDENTIAL
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| On Behalf Of |
COLUMNA, INC.
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|
| Docket Date |
2024-01-17
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| Type |
Mediation
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| Subtype |
Confidential Statement
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| Description |
Confidential Statement ~ LOCATED IN IDCA CONFIDENTIAL
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| On Behalf Of |
COLUMNA, INC.
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| Docket Date |
2024-01-17
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| Type |
Notice
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| Subtype |
Notice of Appearance
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| Description |
Notice of Appearance
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| On Behalf Of |
COLUMNA, INC.
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| Docket Date |
2024-01-16
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| Type |
Mediation
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| Subtype |
Mediation Questionnaire
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| Description |
Mediation Questionnaire ~ **LOCATED IN iDCA CONFIDENTIAL**
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| On Behalf Of |
JASMINE HUNTER BOSTON
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| Docket Date |
2024-01-09
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| Type |
Order
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| Subtype |
Mediation Order to Counsel
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| Description |
Initial Mediation Order ~ This case is being reviewed by the Court to determine whether it is appropriate for appellate mediation. Parties must visit the Court’s website, https://6dca.flcourts.gov, to find the Mediation Questions & Answers, Mediation Questionnaire, and Confidential Statement Regarding Appropriateness of Appellate Mediation that must be completed and filed with the Court.Within 10 days from the date of this order, the Mediation Questionnaire and the Confidential Statement Regarding Appropriateness of Appellate Mediation must be e-filed through the Statewide Florida Courts E Filing Portal. BE ADVISED THAT OPPOSING COUNSEL SHOULD NOT BE SERVED COPIES OF THE CONFIDENTIAL STATEMENT REGARDING APPROPRIATENESS OF APPELLATE MEDIATION. When filing the Confidential Statement through the Statewide Florida Courts E-Filing Portal, DO NOT CHECK “SERVE ALL.” FAILURE TO ENSURE ALL BOXES FOR E SERVICE ARE UNCHECKED WILL RESULT IN PARTIES BEING SERVED AND WAIVER OF CONFIDENTIALITY
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| Docket Date |
2024-01-09
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| Type |
Mediation
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| Subtype |
Notice of Case under Consideration for Mediation
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| Description |
Case Under Consideration for Mediation Notice ~ This case is now under consideration for appellate mediation, and a decision will be made shortly whether to order mediation. An order will be issued advising you of that decision. If mediation is ordered, the time for preparing the record will not begin to run until the mediation process is complete.If you have questions regarding this Court’s appellate mediation program, you may view the Court's website, https://6dca.flcourts.gov/, under the "Mediation" tab for further information. If you have any questions regarding the Court’s mediation program, you may contact the mediation coordinator at (863) 940-6041.
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| Docket Date |
2023-12-12
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| Type |
Notice
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| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
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| On Behalf Of |
COLUMNA, INC.
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|
| Docket Date |
2023-12-12
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| Type |
Misc. Events
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| Subtype |
Case Filing Fee Paid through Portal
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| Description |
Case Filing Fee Paid through Portal
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| On Behalf Of |
COLUMNA, INC.
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|
| Docket Date |
2023-12-08
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| Description |
fee - civil; atty ~ This appeal has been filed without a filing fee required by section35.22(2)(a), Florida Statutes, Florida Statutes.If the attorney for appellant has not already done so, they shall forwardthe required $300.00 filing fee or, if applicable, a certificate or order of thelower tribunal finding appellant insolvent pursuant to section 57.081, FloridaStatutes, within twenty days from the date of this order.If this court does not receive either of the above within the prescribedtime, this appeal may be subject to dismissal without further notice.
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| Docket Date |
2023-12-08
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| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2023-10-18
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| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2023-10-18
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| Type |
Notice
|
| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal Filed ~ WIITH ORDER
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| On Behalf Of |
COLUMNA, INC.
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|
| Docket Date |
2024-03-12
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| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
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| Description |
ORDER GRANTING TO WITHDRAW AS COUNSEL ~ Appellant's counsel's motion to withdraw is granted, and attorneys Bresky, Burks, and Underwood are relieved of further appellate responsibilities in this case, except that within ten days from the date of this order, counsel shall provide a status report with this court to indicate whether any copy of the record on appeal or index thereto has been provided to appellant for the purposes of preparing the initial brief. As a corporation, appellant may not proceed pro se and must retain new counsel to proceed with this appeal. Newly retained counsel shall file a notice of appearance within thirty days from the date of this order. The initial brief shall be served within thirty days from the date of this order. Withdrawing counsel has indicated service on appellant at the law offices of Topkin & Partlow, P.L. If an attorney at that firm is not representing appellant in this matter, notice of nonrepresentation must be filed with this court within ten days from the date of this order. Any such notice shall provide an address for effectuating service on appellant.
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| Docket Date |
2024-01-19
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| Type |
Order
|
| Subtype |
Order of Referral to Mediation
|
| Description |
Order of Referral to Mediation ~ The foregoing case, having been reviewed by the Court, is hereby referred to Appellate Mediation. All appellate deadlines, including for preparing the record and filing briefs, will not begin to run until an order is issued that this case will not proceed to mediation or, if mediation is ordered, until the mediation process is complete.Within 10 days from the date of this Order, Appellant(s) must complete and file with this Court the Response to Order of Referral to Mediation, which is available on this Court’s website, https://6dca.flcourts.gov. If the parties agree on a Florida Supreme Court Certified mediator, the Court will enter an order appointing that mediator for this case. If the parties are not able to agree on a mediator, the Court will appoint a mediator from the Supreme Court list of approved mediators. A mediator need not be certified as an appellate mediator to be appointed.
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COLUMNA, INC. VS ANDREA COWART, et al.
|
4D2018-3658
|
2018-12-13
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Prohibition
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502016CA008995
|
Parties
| Name |
COLUMNA INC.
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Dean T. Xenick, Bernard A. Lebedeker, Justus Webb Reid, Stephanie L. Serafin, Rebecca Mercier Vargas, Jane Kreusler-Walsh
|
|
| Name |
GULF COAST COLLECTION BUREAU, INC.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
CIGNA HEALTH AND LIFE INSURANCE COMPANY
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
ANDREA COWART
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
SHAYNA A. FREYMAN, Jeffrey M. Liggio, Geoff S. Stahl, SHARI GERSON
|
|
| Name |
Hon. Donald W. Hafele
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2019-03-01
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
Order Denying Petition for Writ - Prohib. ~ ORDERED that the December 13, 2018 petition for writ of prohibition is denied.GROSS, TAYLOR and CONNER, JJ., concur.
|
|
| Docket Date |
2019-03-01
|
| Type |
Disposition
|
| Subtype |
Denied
|
| Description |
Denied - Order by Judge
|
|
| Docket Date |
2018-12-14
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Prohibition / Acknowledgment letter
|
|
| Docket Date |
2018-12-13
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
| On Behalf Of |
COLUMNA, INC.
|
|
| Docket Date |
2018-12-13
|
| Type |
Petition
|
| Subtype |
Petition Prohibition
|
| Description |
Petition Prohibition
|
| On Behalf Of |
COLUMNA, INC.
|
|
| Docket Date |
2018-12-13
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
COLUMNA, INC. VS ANDREA COWART
|
4D2018-2527
|
2018-08-23
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502016CA008995XXXXMB
|
Parties
| Name |
COLUMNA INC.
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Bernard A. Lebedeker
|
|
| Name |
ANDREA COWART
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Jeffrey M. Liggio, Dean T. Xenick, Philip M. Burlington, Geoff S. Stahl
|
|
| Name |
Hon. Donald W. Hafele
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2019-02-25
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2019-02-22
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order-Original Proceeding Dismissed ~ **AMENDED ORDER ISSUED**ORDERED that petitioner's petitions for writ of certiorari are dismissed; further,ORDERED that the respondent's, Andrew Cowart, January 14, 2019 motion for attorney's fees is granted conditioned on the trial court determining that respondent is the prevailing party and, if so, setting the amount of the 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.MAY, LEVINE and CONNER, JJ., concur.
|
|
| Docket Date |
2019-02-22
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge ~ AMENDED ORDER ISSUED.
|
|
| Docket Date |
2019-01-14
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
ANDREA COWART
|
|
| Docket Date |
2019-01-03
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
ANDREA COWART
|
|
| Docket Date |
2019-01-03
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
ANDREA COWART
|
|
| Docket Date |
2019-01-03
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that the respondent's appendix to the response 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 fully text searchable. 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 |
2018-12-28
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF RELATED CASE
|
| On Behalf Of |
ANDREA COWART
|
|
| Docket Date |
2018-12-14
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT to file Response ~ ORDERED that respondent's December 10, 2018 motion for extension of time is granted, and the time for filing a response is extended twenty (20) days from the date of this order; further,ORDERED that petitioner may file a reply within ten (10) days thereafter.
|
|
| Docket Date |
2018-11-16
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED that, having considered the notice of appearance filed November 14, 2018, Cigna Health and Life Insurance Company is a respondent in this proceeding and shall be named in the caption. Fla. R. App. P. 9.100(b).
|
|
| Docket Date |
2018-11-08
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT to file Response ~ ORDERED that respondent's November 5, 2018 motion for extension of time is granted, and the time for filing a response is extended thirty (30) days from the date of this order; further,ORDERED that petitioner may file a reply within ten (10) days thereafter.
|
|
| Docket Date |
2018-10-18
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that the petitioner's appendix to the petition 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, and was not paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index. 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 |
2018-10-16
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that petitioner's October 15, 2018 Second Motion for Extension of Time is granted. The time for petitioner to file an amended petition and appendix is extended to October 16, 2018.
|
|
| Docket Date |
2018-10-10
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that petitioner's October 8, 2018 motion for extension of time is granted. The time for filing an amended petition and appendix is extended to October 15, 2018.
|
|
| Docket Date |
2018-08-31
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF RELATED CASE
|
| On Behalf Of |
ANDREA COWART
|
|
| Docket Date |
2018-08-31
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate ~ w/18-1762.
|
| On Behalf Of |
ANDREA COWART
|
|
| Docket Date |
2018-08-24
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Writ of Certiorari / Acknowledgment letter
|
|
| Docket Date |
2018-08-23
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2018-08-23
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
| On Behalf Of |
COLUMNA, INC.
|
|
| Docket Date |
2018-08-23
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed
|
| On Behalf Of |
COLUMNA, INC.
|
|
| Docket Date |
2019-02-25
|
| Type |
Order
|
| Subtype |
Order Vacating/Withdrawing Order
|
| Description |
ORD-Amended Order ~ ORDERED that this court's February 22, 2019 order is amended as follows: ORDERED that petitioner's petitions for writ of certiorari are dismissed; further,ORDERED that the respondent's, Andrea Cowart, January 14, 2019 motion for attorney's fees is granted conditioned on the trial court determining that respondent is the prevailing party and, if so, setting the amount of the 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. MAY, LEVINE and CONNER, JJ., concur.
|
|
| Docket Date |
2018-09-18
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORD-Granting Consolidation ~ ORDERED that respondent's August 31, 2018 unopposed motion to consolidate is granted. Case numbers 4D18-1762 and 4D18-2527 are consolidated for all purposes and shall proceed in 4D18-1762. This Court's August 16, 2018 order to show cause is discharged. Within twenty (20) days of this order, petitioner shall file an amended petition and appendix in case number 4D18-1762 addressing the two orders at issue. Respondent shall file a response to the amended petition within twenty (20) days of service of the amended petition. Petitioner may file a reply within ten (10) days thereafter.
|
|
| Docket Date |
2018-08-24
|
| 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.
|
|
|
|
COLUMNA, INC. VS ANDREA COWART and CIGNA HEALTH AND LIFE INSURANCE COMPANY
|
4D2018-1762
|
2018-06-11
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502016CA008995XXXXMB
|
Parties
| Name |
COLUMNA INC.
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Bernard A. Lebedeker
|
|
| Name |
CIGNA HEALTH AND LIFE INSURANCE CO.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
ANDREA COWART
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Philip M. Burlington, Dean T. Xenick, SHARI GERSON, Geoff S. Stahl, Jeffrey M. Liggio
|
|
| Name |
Hon. Donald W. Hafele
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2019-02-25
|
| Type |
Order
|
| Subtype |
Order Vacating/Withdrawing Order
|
| Description |
ORD-Amended Order ~ ORDERED that this court's February 22, 2019 order is amended as follows: ORDERED that petitioner's petitions for writ of certiorari are dismissed; further,ORDERED that the respondent's, Andrea Cowart, January 14, 2019 motion for attorney's fees is granted conditioned on the trial court determining that respondent is the prevailing party and, if so, setting the amount of the 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. MAY, LEVINE and CONNER, JJ., concur.
|
|
| Docket Date |
2019-02-25
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2019-02-22
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge ~ AMENDED ORDER ISSUED.
|
|
| Docket Date |
2019-02-22
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order-Original Proceeding Dismissed ~ **AMENDED ORDER ISSUED**ORDERED that petitioner's petitions for writ of certiorari are dismissed; further,ORDERED that the respondent's, Andrew Cowart, January 14, 2019 motion for attorney's fees is granted conditioned on the trial court determining that respondent is the prevailing party and, if so, setting the amount of the 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.MAY, LEVINE and CONNER, JJ., concur.
|
|
| Docket Date |
2019-01-14
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
ANDREA COWART
|
|
| Docket Date |
2019-01-03
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition ~ **APPENDIX TO RESPONSE, NOT PETITION**
|
| On Behalf Of |
ANDREA COWART
|
|
| Docket Date |
2019-01-03
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that the respondent's appendix to the response 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 fully text searchable. 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 |
2019-01-03
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
ANDREA COWART
|
|
| Docket Date |
2018-12-28
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF RELATED CASE.
|
| On Behalf Of |
ANDREA COWART
|
|
| Docket Date |
2018-12-14
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT to file Response ~ ORDERED that respondent's December 10, 2018 motion for extension of time is granted, and the time for filing a response is extended twenty (20) days from the date of this order; further,ORDERED that petitioner may file a reply within ten (10) days thereafter.
|
|
| Docket Date |
2018-12-10
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
| On Behalf Of |
ANDREA COWART
|
|
| Docket Date |
2018-11-16
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED that, having considered the notice of appearance filed November 14, 2018, Cigna Health and Life Insurance Company is a respondent in this proceeding and shall be named in the caption. Fla. R. App. P. 9.100(b).
|
|
| Docket Date |
2018-11-14
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
ANDREA COWART
|
|
| Docket Date |
2018-11-08
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT to file Response ~ ORDERED that respondent's November 5, 2018 motion for extension of time is granted, and the time for filing a response is extended thirty (30) days from the date of this order; further,ORDERED that petitioner may file a reply within ten (10) days thereafter.
|
|
| Docket Date |
2018-11-05
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
| On Behalf Of |
ANDREA COWART
|
|
| Docket Date |
2018-10-18
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that the petitioner's appendix to the petition 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, and was not paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index. 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 |
2018-10-18
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
| On Behalf Of |
COLUMNA, INC.
|
|
| Docket Date |
2018-10-16
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that petitioner's October 15, 2018 Second Motion for Extension of Time is granted. The time for petitioner to file an amended petition and appendix is extended to October 16, 2018.
|
|
| Docket Date |
2018-10-16
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition ~ **STRICKEN**
|
| On Behalf Of |
COLUMNA, INC.
|
|
| Docket Date |
2018-10-16
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed
|
| On Behalf Of |
COLUMNA, INC.
|
|
| Docket Date |
2018-10-15
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time
|
| On Behalf Of |
COLUMNA, INC.
|
|
| Docket Date |
2018-10-10
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that petitioner's October 8, 2018 motion for extension of time is granted. The time for filing an amended petition and appendix is extended to October 15, 2018.
|
|
| Docket Date |
2018-10-08
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
| On Behalf Of |
COLUMNA, INC.
|
|
| Docket Date |
2018-09-18
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORD-Granting Consolidation ~ ORDERED that respondent's August 31, 2018 unopposed motion to consolidate is granted. Case numbers 4D18-1762 and 4D18-2527 are consolidated for all purposes and shall proceed in 4D18-1762. This Court's August 16, 2018 order to show cause is discharged. Within twenty (20) days of this order, petitioner shall file an amended petition and appendix in case number 4D18-1762 addressing the two orders at issue. Respondent shall file a response to the amended petition within twenty (20) days of service of the amended petition. Petitioner may file a reply within ten (10) days thereafter.
|
|
| Docket Date |
2018-08-31
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate ~ w/18-2527
|
| On Behalf Of |
ANDREA COWART
|
|
| Docket Date |
2018-08-16
|
| Type |
Order
|
| Subtype |
Show Cause re Petition
|
| Description |
ORD-Writs Show Cause with Reply ~ **DISCHARGED** ORDERED that respondent shall file a response within twenty (20) days and show cause why the petition should not be granted. Petitioner may file a reply within ten (10) days of service of the response.
|
|
| Docket Date |
2018-08-14
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition ~ AMENDED.
|
| On Behalf Of |
COLUMNA, INC.
|
|
| Docket Date |
2018-08-14
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed ~ AMENDED.
|
| On Behalf Of |
COLUMNA, INC.
|
|
| Docket Date |
2018-08-08
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that appellant's unopposed motion for extension of time is granted. The time for filing an amended petition is extended to August 14, 2018.
|
|
| Docket Date |
2018-08-03
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time
|
| On Behalf Of |
COLUMNA, INC.
|
|
| Docket Date |
2018-07-27
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORD-Denying Aplee's Motion to Dismiss ~ ORDERED that, in light of the corrected order filed by petitioner on July 25, 2018, respondent's June 13, 2018 motion to dismiss is denied. The abatement of this proceeding is lifted. Petitioner shall file an amended petition within ten (10) days of this order.
|
|
| Docket Date |
2018-07-25
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ CORRECTED ORDER PURSUANT TO 7/5/18 ORDER (ORDER ATTACHED)
|
| On Behalf Of |
COLUMNA, INC.
|
|
| Docket Date |
2018-07-05
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED that, having considered Petitioner’s June 27, 2018 response, this Court defers ruling on Respondent’s motion to dismiss. This proceeding is abated. Within twenty (20) days of this order, Petitioner may file a written order that corrects the alleged typographical errors identified in Petitioner’s response. The parties shall ensure that any draft order submitted to the trial court accurately reflects the trial court’s rulings and any and all concessions made by the parties at the hearing.
|
|
| Docket Date |
2018-06-27
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
COLUMNA, INC.
|
|
| Docket Date |
2018-06-25
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT to file Response ~ ORDERED that petitioner's June 22, 2018 motion is granted. The time for petitioner to file a response to the motion to dismiss is extended to Wednesday, June 27, 2018.
|
|
| Docket Date |
2018-06-22
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response ~ TO MOTION TO DISMISS.
|
| On Behalf Of |
COLUMNA, INC.
|
|
| Docket Date |
2018-06-14
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
| On Behalf Of |
COLUMNA, INC.
|
|
| Docket Date |
2018-06-13
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
ANDREA COWART
|
|
| Docket Date |
2018-06-13
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
ANDREA COWART
|
|
| Docket Date |
2018-06-12
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Writ of Certiorari / Acknowledgment letter
|
|
| Docket Date |
2018-06-12
|
| 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 |
2018-06-11
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2018-06-11
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition ~ ***STRICKEN***
|
| On Behalf Of |
COLUMNA, INC.
|
|
| Docket Date |
2018-06-11
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed
|
| On Behalf Of |
COLUMNA, INC.
|
|
|
|
ERIC WEINBERGER and COLUMNA, INC. VS BRIAN BAUER, et al.
|
4D2017-2717
|
2017-08-25
|
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 15-014153
|
Parties
| Name |
Eric Weinberger
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Rodolfo Mayor, Bruce D. Green, DAVID DI PIETRO
|
|
| Name |
COLUMNA INC.
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
BRIAN BAUER, LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
William Robert Scherer, TOM SPYREDES (DNU), Albert L. Frevola, Joshua Alper
|
|
| Name |
BROWARD OUTPATIENT SURGERY CENTER
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Broward Outpatient Center
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
BETH ISRAEL OUTPATIENT SURGICAL CENTER, LLC
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
HON. JOSEPH A. MURPHY, III
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2017-09-22
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2017-09-22
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order-Original Proceeding Dismissed ~ ORDERED that the petition for writ of certiorari is dismissed for failure to establish irreparable harm that cannot adequately be remedied on appeal from a final order. Williams v. Oken, 62 So. 3d 1129, 1132 (Fla. 2011); Bared & Co., Inc. v. McGuire, 670 So. 2d 153 (Fla. 4th DCA 1996); see also Power Plant Entertainment, LLC v. Trump Hotels & Casino Resorts, 958 So. 2d 565 (Fla. 4th DCA 2007) (en banc); Romanos v. Caldwell, 980 So.2d 1091, 1092 (Fla. 4th DCA 2008).DAMOORGIAN, CIKLIN and KLINGENSMITH, JJ., concur.
|
|
| Docket Date |
2017-09-01
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar Case Pending
|
| On Behalf Of |
Eric Weinberger
|
|
| Docket Date |
2017-08-28
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Writ of Certiorari / Acknowledgment letter
|
|
| Docket Date |
2017-08-25
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Filed
|
| On Behalf Of |
Eric Weinberger
|
|
| Docket Date |
2017-08-25
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2017-08-25
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
| On Behalf Of |
Eric Weinberger
|
|
|
|
ERIC WEINBERGER and COLUMNA, INC. VS BRIAN BAUER, et al.
|
4D2017-2715
|
2017-08-25
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE 15-014153
|
Parties
| Name |
Eric Weinberger
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Bruce D. Green, Rodolfo Mayor, DAVID DI PIETRO
|
|
| Name |
COLUMNA INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
BRIAN BAUER, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
William Robert Scherer, Albert L. Frevola, ANASTASIOS TOM SPYREDES, Joshua Alper
|
|
| Name |
BROWARD OUTPATIENT SURGERY CENTER
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Broward Outpatient Center
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
BETH ISRAEL OUTPATIENT SURGICAL CENTER, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HON. JOSEPH A. MURPHY, III
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-02-08
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2018-02-08
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the February 7, 2018 notice of voluntary dismissal, this case is dismissed.
|
|
| Docket Date |
2018-02-07
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
Eric Weinberger
|
|
| Docket Date |
2017-11-28
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Eric Weinberger
|
|
| Docket Date |
2017-11-13
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
BRIAN BAUER
|
|
| Docket Date |
2017-11-13
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
BRIAN BAUER
|
|
| Docket Date |
2017-10-13
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellees’ October 11, 2017 motion for extension of time is granted, and appellees shall serve the answer brief on or before November 13, 2017. In addition, appellees are notified that the failure to serve the brief within the time provided herein may foreclose appellees’ right to file a brief or otherwise participate in this appeal.
|
|
| Docket Date |
2017-10-11
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief
|
| On Behalf Of |
BRIAN BAUER
|
|
| Docket Date |
2017-10-04
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Eric Weinberger
|
|
| Docket Date |
2017-10-04
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that the appellants’ appendix to the initial 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 and was not paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index. 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 |
2017-10-02
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Eric Weinberger
|
|
| Docket Date |
2017-10-02
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ ***STRICKEN, SEE 10/04/2017 ORDER***
|
| On Behalf Of |
Eric Weinberger
|
|
| Docket Date |
2017-09-29
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORD-Initial Brief to be Served ~ ORDERED that appellant's September 6, 2017 motion for extension of time is granted, and appellant shall serve the initial brief on or before October 2, 2017. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case will be subject to dismissal or the court in its discretion may impose other sanctions. Appellant is advised that no further extensions will be granted absent a detailed explanation for why the initial 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.
|
|
| Docket Date |
2017-09-06
|
| 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 |
Eric Weinberger
|
|
| Docket Date |
2017-09-01
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar Case Pending
|
| On Behalf Of |
Eric Weinberger
|
|
| Docket Date |
2017-08-28
|
| 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, 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 |
2017-08-28
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2017-08-25
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2017-08-25
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Eric Weinberger
|
|
|
