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STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY VS DOUGLAS DIAGNOSTIC CENTER, INC. a/a/o CARLOS MARTIN
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4D2018-0165
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2018-01-15
|
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 15-5280 AP
|
Parties
| Name |
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Nancy W. Gregoire Stamper, Amanda J. Phillips
|
|
| Name |
DOUGLAS DIAGNOSTIC CENTER INC.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Marlene Reiss, Mark D. Feinstein, Steven Lander
|
|
| Name |
CARLOS MARTIN, INC.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-05-03
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-Denying Rehearing ~ ORDERED that the petitioner's April 24, 2018 motion for rehearing is denied.
|
|
| Docket Date |
2018-04-30
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
DOUGLAS DIAGNOSTIC CENTER, INC.
|
|
| Docket Date |
2018-04-24
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing
|
| On Behalf Of |
State Farm Mutual Automobile Insurance Company
|
|
| Docket Date |
2018-04-13
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2018-04-10
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION TO DISMISS.
|
| On Behalf Of |
State Farm Mutual Automobile Insurance Company
|
|
| Docket Date |
2018-04-09
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
DOUGLAS DIAGNOSTIC CENTER, INC.
|
|
| Docket Date |
2018-03-14
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing
|
| On Behalf Of |
DOUGLAS DIAGNOSTIC CENTER, INC.
|
|
| Docket Date |
2018-02-12
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
DOUGLAS DIAGNOSTIC CENTER, INC.
|
|
| Docket Date |
2018-01-26
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar Case Pending
|
| On Behalf Of |
State Farm Mutual Automobile Insurance Company
|
|
| Docket Date |
2018-01-16
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Writ of Certiorari / Acknowledgment letter
|
|
| Docket Date |
2018-01-15
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
| On Behalf Of |
State Farm Mutual Automobile Insurance Company
|
|
| Docket Date |
2018-01-15
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Filed
|
| On Behalf Of |
State Farm Mutual Automobile Insurance Company
|
|
| Docket Date |
2018-01-15
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2018-01-15
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
State Farm Mutual Automobile Insurance Company
|
|
| Docket Date |
2018-04-13
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORD-Granting Aplee's Motion to Dismiss ~ ORDERED that, having considered petitioner's response, respondent's April 9, 2018 motion to dismiss is granted. State Farm Mut. Auto. Ins. Co. v. CC Chiropractic, LLC, 4D18-221, 2018 WL 1315076, at *1 (Fla. 4th DCA Mar. 14, 2018); further,ORDERED that petitioner's January 15, 2018 motion for appellate attorney's fees is denied; further,ORDERED that respondent's February 12, 2018 motion for appellate attorney's fees is granted. On remand, the trial court shall set 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.TAYLOR, MAY and LEVINE, JJ., concur.
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|
| Docket Date |
2018-01-16
|
| 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.
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|
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STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY VS DOUGLAS DIAGNOSTIC CENTER, INC. a/a/o OLGA GUERRA
|
4D2018-0167
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2018-01-15
|
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 15-835 AP
|
Parties
| Name |
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Nancy W. Gregoire Stamper, Kyle Mixson
|
|
| Name |
OLGA GUERRA
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
DOUGLAS DIAGNOSTIC CENTER INC.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
STEVEN M. SINGER, Steven Lander, Mark D. Feinstein, Marlene Reiss
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-05-22
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-Denying Rehearing ~ ORDERED that the petitioner's May 3, 2018 motion for rehearing is denied.
|
|
| Docket Date |
2018-05-15
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
DOUGLAS DIAGNOSTIC CENTER, INC.
|
|
| Docket Date |
2018-05-09
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
DOUGLAS DIAGNOSTIC CENTER, INC.
|
|
| Docket Date |
2018-05-03
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing
|
| On Behalf Of |
State Farm Mutual Automobile Insurance Company
|
|
| Docket Date |
2018-04-24
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2018-04-24
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORD-Granting Aplee's Motion to Dismiss ~ ORDERED that the respondent’s April 9, 2018 motion to dismiss is granted. The petition for writ of certiorari filed on January 15, 2018 is dismissed. See State Farm Mut. Auto. Ins. Co. v. CC Chiropractic, LLC, 4D18-221, 2018 WL 1315076 (Fla. 4th DCA Mar. 14, 2018). Further ORDERED that the petitioner’s January 15, 2018 motion for attorney’s fees is denied. Further, ORDERED that the respondent’s February 12, 2018 motion for attorney’s fees is granted. On remand, the trial court shall set the reasonable amount of attorney’s fees, if any, 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.GERBER, C.J., TAYLOR and CONNER, JJ., concur.
|
|
| Docket Date |
2018-04-23
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
DOUGLAS DIAGNOSTIC CENTER, INC.
|
|
| Docket Date |
2018-04-10
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION TO DISMISS.
|
| On Behalf Of |
State Farm Mutual Automobile Insurance Company
|
|
| Docket Date |
2018-04-09
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
DOUGLAS DIAGNOSTIC CENTER, INC.
|
|
| Docket Date |
2018-03-14
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing
|
| On Behalf Of |
DOUGLAS DIAGNOSTIC CENTER, INC.
|
|
| Docket Date |
2018-02-12
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
DOUGLAS DIAGNOSTIC CENTER, INC.
|
|
| Docket Date |
2018-01-26
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar Case Pending
|
| On Behalf Of |
State Farm Mutual Automobile Insurance Company
|
|
| Docket Date |
2018-01-15
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
State Farm Mutual Automobile Insurance Company
|
|
| Docket Date |
2018-01-15
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2018-01-15
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed
|
| On Behalf Of |
State Farm Mutual Automobile Insurance Company
|
|
| Docket Date |
2018-01-16
|
| 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 |
2018-01-16
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Writ of Certiorari / Acknowledgment letter
|
|
| Docket Date |
2018-01-15
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
| On Behalf Of |
State Farm Mutual Automobile Insurance Company
|
|
|
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DOUGLAS DIAGNOSTIC CENTER, INC., etc. VS THE RESPONSIVE AUTO INSURANCE CO.
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4D2015-4307
|
2015-11-17
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Mandamus
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE 15-008980 AP
|
Parties
| Name |
RAFAEL TAMAYO
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
STEVEN M. SINGER, ARNOLD R. GINSBERG
|
|
| Name |
DOUGLAS DIAGNOSTIC CENTER INC.
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
THE RESPONSIVE AUTO INSURANCE
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Charles L. Vaccaro
|
|
| Name |
Hon. Patti Englander Henning
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Hon. Jack B. Tuter
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2015-12-18
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
Order Denying Petition for Writ - Mandamus ~ ORDERED that the November 17, 2015 petition for writ of mandamus is denied; further,ORDERED that petitioner's November 17, 2015 motion for attorney's fees is denied.WARNER, STEVENSON and CONNER, JJ., concur.
|
|
| Docket Date |
2015-12-18
|
| Type |
Disposition
|
| Subtype |
Denied
|
| Description |
Denied - Order by Judge
|
|
| Docket Date |
2015-11-18
|
| 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 |
2015-11-18
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
| On Behalf Of |
RAFAEL TAMAYO
|
|
| Docket Date |
2015-11-18
|
| Type |
Petition
|
| Subtype |
Petition Mandamus
|
| Description |
Petition Mandamus / Acknowledgment letter
|
|
| Docket Date |
2015-11-17
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2015-11-17
|
| Type |
Petition
|
| Subtype |
Petition Mandamus
|
| Description |
Petition Mandamus
|
| On Behalf Of |
RAFAEL TAMAYO
|
|
| Docket Date |
2015-11-17
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
RAFAEL TAMAYO
|
|
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