|
REAL HEALTHCARE, INC. a/a/o KALEY NELSON, Appellant(s) v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellee(s).
|
4D2022-1789
|
2022-07-01
|
Closed
|
|
| Classification |
NOA Final - County Small Claims - PIP
|
| Court |
4th District Court of Appeal
|
| Originating Court |
County Court for the Seventeenth Judicial Circuit, Broward County
COCE19-017944
|
Parties
| Name |
Kaley Nelson
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
REAL HEALTHCARE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Todd Landau, Matthew Emanuel, Gregory E. Gudin
|
|
| Name |
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Nancy W. Gregoire Stamper, Michael S. Walsh
|
|
| Name |
Hon. Betsy Benson
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-06-04
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Dismissed
|
| View |
View File
|
|
| Docket Date |
2024-05-31
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Motion/Notice Voluntary Dismissal
|
|
| Docket Date |
2022-12-16
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Grant Stay ~ ORDERED that appellant's November 28, 2022 motion to stay is granted, and this appeal is stayed pending resolution of Allstate Insurance Co. v. Revival Chiropractic, LLC, No. SC22-0735, (Fla. June 3, 2022).
|
|
| Docket Date |
2022-11-28
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay
|
| On Behalf Of |
Real Healthcare, Inc.
|
|
| Docket Date |
2022-11-14
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 12/9/2022
|
|
| Docket Date |
2022-11-10
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Real Healthcare, Inc.
|
|
| Docket Date |
2022-10-10
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Real Healthcare, Inc.
|
|
| Docket Date |
2022-10-10
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 11/9/22
|
|
| Docket Date |
2022-09-09
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
State Farm Mutual Automobile Insurance Company
|
|
| Docket Date |
2022-09-08
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Real Healthcare, Inc.
|
|
| Docket Date |
2022-09-08
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 10/8/22
|
|
| Docket Date |
2022-08-03
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 1641 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-07-07
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ FINAL JUDGMENT
|
| On Behalf Of |
Real Healthcare, Inc.
|
|
| Docket Date |
2022-07-07
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| Description |
Appellant to File Order Appealed-Civil ~ ORDERED that appellant is directed to file, within fifteen (15) days from the date of this order, a conformed copy of the February 24, 2021 final judgment. See Fla. R. App. P. 9.110(d). This copy must contain a legible stamp from the clerk of the lower tribunal, showing the date and time the order being appealed was filed in that office.
|
|
| Docket Date |
2022-07-06
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Real Healthcare, Inc.
|
|
| Docket Date |
2022-07-05
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-07-01
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-07-01
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Real Healthcare, Inc.
|
|
| Docket Date |
2022-07-05
|
| 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 required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a lower tribunal clerk's determination of indigent status is filed.
|
|
|
|
REAL HEALTHCARE, INC. a/a/o RHONDA WALLACE VS STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
|
4D2022-0841
|
2022-03-25
|
Closed
|
|
| Classification |
NOA Final - County Small Claims - PIP
|
| Court |
4th District Court of Appeal
|
| Originating Court |
County Court for the Seventeenth Judicial Circuit, Broward County
COCE19-020042
|
Parties
| Name |
Rhonda Wallace
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
REAL HEALTHCARE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Todd Landau
|
|
| Name |
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Matthew Emanuel, Michael S. Walsh, Gregory E. Gudin
|
|
| Name |
Hon. Mardi Levey Cohen
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-04-19
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissed for Lack of Jurisdiction ~ ORDERED sua sponte that the above-styled appeal is dismissed for lack of jurisdiction. See Samara v. Tenet Fla. Physician Servs., LLC, 317 So. 3d 187 (Fla. 3d DCA 2021) (“[M]otions for rehearing are not authorized for non-final orders.”); Miami-Dade Cnty. v. Perez, 988 So. 2d 40 (Fla. 3d DCA 2008) (holding an order denying a motion for summary judgment is a nonappealable, nonfinal order); Agere Sys. Inc. v. All Am. Crating, Inc., 931 So. 2d 244, 245 (Fla. 5th DCA 2006) (“[A]n order that simply denies a motion for reconsideration or rehearing of an underlying non-final order . . . is not in itself an appealable order.”). (emphasis omitted). MAY, CIKLIN and ARTAU, JJ., concur.
|
|
| Docket Date |
2022-04-19
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2022-03-28
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
State Farm Mutual Automobile Insurance Company
|
|
| Docket Date |
2022-03-25
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Real Healthcare, Inc.
|
|
| Docket Date |
2022-03-25
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-03-25
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-03-29
|
| 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 whether the notice of appeal was timely filed as to the October 19 and 27, 2020 orders, as it appears the motion for rehearing was directed towards a nonfinal order denying a motion for summary judgment; and how the February 23, 2022 order is an appealable final order. See Fla. R. App. P. 9.020(h)(2), 9.110(b); Samara v. Tenet Fla. Physician Servs., LLC, 317 So. 3d 187 (Fla. 3d DCA 2021) (“[M]otions for rehearing are not authorized for non-final orders.”); Miami-Dade Cnty. v. Perez, 988 So. 2d 40 (Fla. 3d DCA 2008) (holding an order denying a motion for summary judgment is a nonappealable, nonfinal order); Agere Sys. Inc. v. All Am. Crating, Inc., 931 So. 2d 244, 245 (Fla. 5th DCA 2006) (“[A]n order that simply denies a motion for reconsideration or rehearing of an underlying non-final order . . . is not in itself an appealable order.”). Further,Appellee may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2022-03-25
|
| 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 required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a lower tribunal clerk's determination of indigent status is filed.
|
|
|
|
REAL HEALTHCARE, INC. a/a/o RICK CORTEZ VS STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
|
4D2021-0639
|
2021-01-28
|
Closed
|
|
| Classification |
NOA Final - County Small Claims - PIP
|
| Court |
4th District Court of Appeal
|
| Originating Court |
County Court for the Seventeenth Judicial Circuit, Broward County
COCE19-26173
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE20-20534
|
Parties
| Name |
Rick Cortez
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
REAL HEALTHCARE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Matthew Emanuel, Gregory E. Gudin, Todd Landau
|
|
| Name |
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Nancy A. Copperthwaite, Michael S. Walsh
|
|
| Name |
Hon. Robert W. Lee
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-01-29
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2021-05-19
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the May 19, 2021 notice of voluntary dismissal, this case is dismissed.
|
|
| Docket Date |
2021-05-19
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2021-05-19
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
Real Healthcare, Inc.
|
|
| Docket Date |
2021-05-18
|
| 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 May 18, 2021 motion for extension of time is granted in part, and appellant shall serve the initial brief within ten (10) days from the current due date. 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. Attorney workload does not constitute extraordinary circumstances which justifies a further extension of time.
|
|
| Docket Date |
2021-05-18
|
| 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 |
Real Healthcare, Inc.
|
|
| Docket Date |
2021-04-05
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Real Healthcare, Inc.
|
|
| Docket Date |
2021-04-05
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 05/19/2021
|
|
| Docket Date |
2021-02-17
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Real Healthcare, Inc.
|
|
| Docket Date |
2021-02-17
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 60 DAYS TO 04/18/2021
|
|
| Docket Date |
2021-02-11
|
| 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 |
2021-02-08
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Real Healthcare, Inc.
|
|
| Docket Date |
2021-02-01
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 1,170 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2021-02-01
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Related Case Order - Transfer ~ Upon consideration of the transfer of this case to this court from the circuit court, it is ORDERED that within ten (10) days from the date of this order, the parties shall: (1) ascertain whether there are any cases pending in this court, or any cases which are being transferred to this court from the circuit court, which are related to this case or raise same/similar issue(s); (2) if there are any related cases or cases which raise same/similar issue(s), file with this court a “Notice of Related Cases and/or Same or Similar Issues” which identifies those cases by district court and/or circuit court case number, states how those cases are related or contain same/similar issue(s) to this case, and addresses whether it would be appropriate for this court to consolidate those cases for all purposes or for purposes of assignment to the same panel; and (3) if there are no related cases or cases which raise same/similar issue(s), file a “Notice of Related Cases and/or Same or Similar Issues” which indicates that there are no related cases or cases with the same/similar issue(s).The parties may jointly file a single “Notice of Related Cases and/or Same or Similar Issues” in response to this order.
|
|
| Docket Date |
2021-01-29
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
State Farm Mutual Automobile Insurance Company
|
|
| Docket Date |
2021-01-28
|
| Type |
Notice
|
| Subtype |
Circuit Court Appeal Documents
|
| Description |
Circuit Court Appeal Documents
|
| On Behalf Of |
Real Healthcare, Inc.
|
|
| Docket Date |
2021-01-28
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NF:Not Required
|
|
|
