Classification |
NOA Final - Circuit Civil - Other
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE19-008816 (09)
|
Parties
Name |
Jeffrey D. Morgan, M.D.
|
Role |
Appellant
|
Status |
Active
|
Representations |
Jeremy D. Friedman
|
|
Name |
AVEO PHARMACEUTICALS, INC.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Astellas Pharma Europe BV
|
Role |
Appellee
|
Status |
Active
|
|
Name |
SFCT, A MEMBER OF THE ALLIANCE, INC.
|
Role |
Appellee
|
Status |
Active
|
Representations |
Debra Klauber, Mitchell W. Berger, Geoffrey Lottenberg, Eugene Keith Pettis
|
|
Name |
SOUTH FLORIDA CLINICAL TRIALS, INC
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Hon. Jeffrey R. Levenson
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - Broward
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2020-06-03
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ 259 PAGES
|
On Behalf Of |
Clerk - Broward
|
|
Docket Date |
2020-06-01
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
ORD-Sua Sponte Dismissed for Lack of Jurisdiction ~ Upon consideration of appellant’s April 22, 2020 jurisdiction statement, appellee Astellas Pharma Europe B.V.’s April 29, 2020 response, appellee Aveo Pharmaceuticals, Inc.’s April 30, 2020 response and motion to dismiss, and appellant’s April 30, 2020 reply, it is ORDERED that appellee Aveo Pharmaceuticals, Inc.’s motion to dismiss is granted and the above-styled appeal is dismissed for lack of jurisdiction. The circuit court’s March 13, 2020 order is a nonfinal, nonappealable order. See Cardillo v. Qualsure Ins. Corp., 974 So. 2d 1174 (Fla. 4th DCA 2008); Perry v. Perry, 976 So. 2d 1151 (Fla. 4th DCA 2008); Palamara v. Chinnock Marine, Inc., 788 So. 2d 305 (Fla. 4th DCA 2001).LEVINE, C.J., GROSS and KUNTZ, JJ., concur.
|
|
Docket Date |
2020-06-01
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Judge
|
|
Docket Date |
2020-04-30
|
Type |
Motions Other
|
Subtype |
Motion To Dismiss
|
Description |
Motion To Dismiss ~ AND RESPONSE TO JURISDICTIONAL BRIEF
|
On Behalf Of |
SFCT, A Member of the Alliance, Inc.
|
|
Docket Date |
2020-04-30
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ TO MOTION TO DISMISS
|
On Behalf Of |
Jeffrey D. Morgan, M.D.
|
|
Docket Date |
2020-04-29
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ TO JURISDICTIONAL STATEMENT
|
On Behalf Of |
SFCT, A Member of the Alliance, Inc.
|
|
Docket Date |
2020-04-29
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
SFCT, A Member of the Alliance, Inc.
|
|
Docket Date |
2020-04-27
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
Jeffrey D. Morgan, M.D.
|
|
Docket Date |
2020-04-27
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
SFCT, A Member of the Alliance, Inc.
|
|
Docket Date |
2020-04-27
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix to Brief
|
On Behalf Of |
Jeffrey D. Morgan, M.D.
|
|
Docket Date |
2020-04-23
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix ~ TO JURISDICTIONAL BRIEF
|
On Behalf Of |
Jeffrey D. Morgan, M.D.
|
|
Docket Date |
2020-04-22
|
Type |
Brief
|
Subtype |
Jurisdictional Brief
|
Description |
Jurisdictional Brief
|
On Behalf Of |
Jeffrey D. Morgan, M.D.
|
|
Docket Date |
2020-04-22
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
Case Filing Fee Paid Through Portal
|
On Behalf Of |
Jeffrey D. Morgan, M.D.
|
|
Docket Date |
2020-04-16
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2020-04-16
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed.
|
|
Docket Date |
2020-04-15
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
Jeffrey D. Morgan, M.D.
|
|
Docket Date |
2020-04-15
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
|