|
MGA Insurance Company, Inc., etc., Appellant(s), v. MSP Recovery Claims, Series LLC, etc., et al., Appellee(s).
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3D2024-1278
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2024-07-17
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Open
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|
| Classification |
NOA Non Final - Circuit Civil - Other
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| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
18-42463-CA-01
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Parties
| Name |
MGA INSURANCE COMPANY, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Valerie B Greenberg, Alexander Julian Hall, Nancy Copperthwaite
|
|
| Name |
MSP RECOVERY CLAIMS, SERIES LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
John Hasan Ruiz, Ryan Hy Susman, Eduardo Enrique Bertran, Francesco Antonio Zincone, III
|
|
| Name |
MSPA Claims I, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
John Hasan Ruiz, Ryan Hy Susman, Eduardo Enrique Bertran, Francesco Antonio Zincone, III
|
|
| Name |
Series PMPI
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
John Hasan Ruiz, Ryan Hy Susman, Eduardo Enrique Bertran, Francesco Antonio Zincone, III
|
|
| Name |
MAO-MSO Recovery II LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
John Hasan Ruiz, Ryan Hy Susman, Eduardo Enrique Bertran, Francesco Antonio Zincone, III
|
|
| Name |
Hon. Charles Kenneth Johnson
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-08-12
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Unopposed Motion To Partly Consolidate Related Appeals
|
| On Behalf Of |
MGA Insurance Company, Inc.
|
| View |
View File
|
|
| Docket Date |
2024-11-01
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time to file IB-22 days to 12/22/2024
|
| On Behalf Of |
MGA Insurance Company, Inc.
|
| View |
View File
|
|
| Docket Date |
2024-11-01
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
Upon consideration of Appellees' Motion to Dismiss Appeal or, in the Alternative, to Lift Stay, Appellees' Motion to Dismiss Appeal based on waiver is hereby denied without prejudice to being raised, as appropriate, in any answer brief. The Motion to Lift Stay is hereby denied.
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| View |
View File
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|
| Docket Date |
2024-10-31
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| Type |
Response
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| Subtype |
Response
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| Description |
MGA'S Response to Motion to Dismiss Appeal or to Lift Stay
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| On Behalf Of |
MGA Insurance Company, Inc.
|
| View |
View File
|
|
| Docket Date |
2024-10-17
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| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Appellee's Motion To Dismiss Appeal or, in the Alternative, to Lift Stay
|
| On Behalf Of |
MSP Recovery Claims, Series LLC
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| View |
View File
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|
| Docket Date |
2024-10-01
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time to file IB-26 days to 11/12/2024
|
| On Behalf Of |
MGA Insurance Company, Inc.
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| View |
View File
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|
| Docket Date |
2024-09-25
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| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Related Case or Issue
|
| On Behalf Of |
MGA Insurance Company, Inc.
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| View |
View File
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|
| Docket Date |
2024-08-26
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| Type |
Order
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| Subtype |
Order on Motion to Stay
|
| Description |
Appellees' Opposition to Appellant's Motion to Stay Trial Court
Proceedings is noted.
Upon consideration, Appellant's Motion to Stay Trial Court
Proceedings is granted, and the trial court proceedings are hereby stayed
pending further order of this Court.
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| View |
View File
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| Docket Date |
2024-08-23
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| Type |
Response
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| Subtype |
Response
|
| Description |
Appellees' Opposition to Appellant's Motion to Stay Trial Court Proceedings
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| On Behalf Of |
MSP Recovery Claims, Series LLC
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| View |
View File
|
|
| Docket Date |
2024-08-14
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| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
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| Description |
Upon consideration, the Unopposed Motion to Consolidate
Appeals in case nos. 3D2024-1056, 3D2024-1278, and 3D2024-1316, in
part, is granted, and the above-referenced appeals are hereby consolidated
for the purpose of traveling together. Any consolidated brief must contain all
relevant case numbers. The parties are responsible for clearly denominating
all relevant case numbers on any filing and alerting the Clerk's office to any
consolidated briefs that they may submit.
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| View |
View File
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|
| Docket Date |
2024-08-12
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| Type |
Record
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| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
MGA Insurance Company, Inc.
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| View |
View File
|
|
| Docket Date |
2024-08-15
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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-35 days to 10/14/2024 Granted
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| On Behalf Of |
MGA Insurance Company, Inc.
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| View |
View File
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| Docket Date |
2024-07-29
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| Type |
Notice
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| Subtype |
Notice of Related Case or Issue
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| Description |
Amended Notice of Similar or Related Cases
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| On Behalf Of |
MGA Insurance Company, Inc.
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| View |
View File
|
|
| Docket Date |
2024-07-19
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| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Related Case or Issue
|
| On Behalf Of |
MGA Insurance Company, Inc.
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| View |
View File
|
|
| Docket Date |
2024-07-17
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| Type |
Event
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| Subtype |
Fee Satisfied
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| Description |
Fee Satisfied
|
|
| Docket Date |
2024-07-17
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| Type |
Miscellaneous Document
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| Subtype |
Pay Case Filing Fee-300
|
| Description |
$300 case filing fee paid through the portal. Batch no. 11870640
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| On Behalf Of |
MGA Insurance Company, Inc.
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| View |
View File
|
|
| Docket Date |
2024-07-17
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| Type |
Notice
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| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
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| On Behalf Of |
MGA Insurance Company, Inc.
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| View |
View File
|
|
| Docket Date |
2024-07-17
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
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| View |
View File
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| Docket Date |
2024-12-20
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| Type |
Brief
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| Subtype |
Initial Brief
|
| Description |
Initial Brief of Appellant
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| On Behalf Of |
MGA Insurance Company, Inc.
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| View |
View File
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| Docket Date |
2024-08-16
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| Type |
Order
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| Subtype |
Order on Motion to Stay
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| Description |
Upon consideration of Appellant's Motion to Stay Trial Court Proceedings, the trial court proceedings are hereby temporarily stayed pending further order of this Court.
Appellees are ordered to file a response within ten (10) days from the date of this Order to Appellant's Motion to Stay Trial Court Proceedings.
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| View |
View File
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| Docket Date |
2024-08-14
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| Type |
Motions Other
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| Subtype |
Motion To Stay
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| Description |
Appellant's Motion To Stay Trial Court Proceedings
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| On Behalf Of |
MGA Insurance Company, Inc.
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| View |
View File
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| Docket Date |
2024-08-02
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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 |
Unopposed Motion for Extension of Time to Serve Initial Brief-26 days to 09/03/2024 Granted
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| On Behalf Of |
MGA Insurance Company, Inc.
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| View |
View File
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PRECISION DIAGNOSTIC, INC., Appellant(s) v. MGA INSURANCE COMPANY, INC., Appellee(s)
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4D2023-0635
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2023-03-10
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Closed
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|
| Classification |
NOA Final - County Small Claims - PIP
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| Court |
4th District Court of Appeal
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| Originating Court |
County Court for the Seventeenth Judicial Circuit, Broward County
CONO21014973
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Parties
| Name |
PRECISION DIAGNOSTIC, INC.
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| Role |
Appellant
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| Status |
Active
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| Representations |
Chad Andrew Barr
|
|
| Name |
Hon. John Matthew Brooks Hurley
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| Role |
Judge/Judicial Officer
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| Status |
Active
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|
| Name |
MGA INSURANCE COMPANY, INC.
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| Role |
Appellee
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| Status |
Active
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| Representations |
Christopher Kirwan, Nancy W. Gregoire Stamper, Scott E. Danner
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|
| Name |
Clerk - Broward
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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Docket Entries
| Docket Date |
2024-02-01
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| Type |
Disposition by Opinion
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| Subtype |
Affirmed
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| Description |
Affirmed
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| View |
View File
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|
| Docket Date |
2023-12-06
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| Type |
Order
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| Subtype |
Order on Motion/Request for Oral Argument
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| Description |
Order on Motion/Request for Oral Argument
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| View |
View File
|
|
| Docket Date |
2023-10-27
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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 |
Precision Diagnostic, Inc.
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| View |
View File
|
|
| Docket Date |
2023-10-27
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| Type |
Motion
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| Subtype |
Request-Oral Argument
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| Description |
Request for Oral Argument
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| On Behalf Of |
Precision Diagnostic, Inc.
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| View |
View File
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| Docket Date |
2023-10-26
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| Type |
Order
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| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
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| Description |
Order on Motion for Extension of Time to Serve Reply Brief
|
| View |
View File
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|
| Docket Date |
2023-10-24
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to Serve Reply Brief
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| Description |
Motion for Extension of Time to Serve Reply Brief
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|
| Docket Date |
2023-10-06
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| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order on Motion for Extension of Time to Serve Reply Brief
|
| View |
View File
|
|
| Docket Date |
2023-10-05
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Motion for Extension of Time to Serve Reply Brief
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|
| Docket Date |
2023-09-22
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| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order on Motion for Extension of Time to Serve Reply Brief
|
| View |
View File
|
|
| Docket Date |
2023-09-22
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Motion for Extension of Time to Serve Reply Brief
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| On Behalf Of |
Precision Diagnostic, Inc.
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|
| Docket Date |
2023-08-22
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| Type |
Record
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| Subtype |
Appendix
|
| Description |
Appendix to Brief
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| On Behalf Of |
MGA Insurance Company, Inc.
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|
| Docket Date |
2023-08-22
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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 |
Motion For Attorney's Fees
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| On Behalf Of |
MGA Insurance Company, Inc.
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|
| Docket Date |
2023-08-03
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief
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| On Behalf Of |
MGA Insurance Company, Inc.
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|
| Docket Date |
2023-08-03
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| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee’s August 3, 2023 motion for extension of time is granted, and appellee shall serve the answer brief on or before September 6, 2023. In addition, appellee is notified that the failure to serve the brief within the time provided herein may foreclose appellee’s right to file a brief or otherwise participate in this appeal.
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|
| Docket Date |
2023-07-06
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Precision Diagnostic, Inc.
|
|
| Docket Date |
2023-07-06
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| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Precision Diagnostic, Inc.
|
|
| Docket Date |
2023-07-06
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| Type |
Motions Relating to Attorney Fees/Costs
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| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
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| On Behalf Of |
Precision Diagnostic, Inc.
|
|
| Docket Date |
2023-06-29
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| 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 |
Precision Diagnostic, Inc.
|
|
| Docket Date |
2023-06-29
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| 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 June 29, 2023 motion for extension of time is granted in part, and appellant shall serve the initial brief within ten (10) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case 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 |
2023-05-30
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| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant’s May 26, 2023 motion for extension of time is granted in part, and appellant shall serve the initial brief within thirty (30) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
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| Docket Date |
2023-05-26
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
Precision Diagnostic, Inc.
|
|
| Docket Date |
2023-03-28
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| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's March 24, 2023 motion for extension of time is granted, and appellant shall serve the initial brief within sixty (60) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
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| Docket Date |
2023-03-24
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| 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 |
Precision Diagnostic, Inc.
|
|
| Docket Date |
2023-03-15
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| Type |
Order
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| Subtype |
Order
|
| Description |
ORD-Sua Sponte ~ ORDERED sua sponte that the court determines that this appeal seeks review of an order entered on an authorized and timely motion for relief from judgment, which is reviewable by the method prescribed by Florida Rule of Appellate Procedure 9.130. Fla. R. App. P. 9.130(a)(5). Appellant shall serve an initial brief and an accompanying appendix within fifteen (15) days from the date of this order. See Fla. R. App. P. 9.130(e), 9.220. The clerk of the lower tribunal shall not transmit a record on appeal unless ordered by this court.
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| Docket Date |
2023-03-15
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| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
MGA Insurance Company, Inc.
|
|
| Docket Date |
2023-03-14
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| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Amended
|
|
| Docket Date |
2023-03-13
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
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| On Behalf Of |
Precision Diagnostic, Inc.
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|
| Docket Date |
2023-03-13
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| Type |
Order
|
| Subtype |
Order on Filing Fee
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| 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.
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|
| Docket Date |
2023-03-13
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2023-03-10
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2023-03-10
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Precision Diagnostic, Inc.
|
|
| Docket Date |
2024-02-22
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-02-22
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2024-02-01
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order on Motion For Attorney's Fees
|
| View |
View File
|
|
| Docket Date |
2023-08-22
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
MGA Insurance Company, Inc.
|
|
|
|
MGA INSURANCE COMPANY, INC., VS ADVANCED HEALTH & WELLNESS, INC., a/a/o ESDRAS CUX,
|
3D2022-1092
|
2022-06-24
|
Closed
|
|
| Classification |
NOA Final - County Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
County Court for the Eleventh Judicial Circuit, Miami-Dade County
14-2354 CC
|
Parties
| Name |
MGA INSURANCE COMPANY, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
REBECCA DELANEY, SCOTT W. DUTTON, ANTHONY L. TOLGYESI
|
|
| Name |
ADVANCED HEALTH & WELLNESS, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Douglas H. Stein, LEWIS J. MERTZ, JR.
|
|
| Name |
Hon. Patricia Marino Pedraza
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-09-07
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2023-08-22
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing and Rehearing En Banc
|
| Description |
Rehearing & Rehearing en banc denied (OD57A) ~ Appellee’s Response to Appellant’s Motion for Rehearing and Motion for Rehearing En Banc, filed on July 21, 2023, is noted.Upon consideration, Appellant’s Motion for Rehearing is hereby denied. Appellant’s Motion for Rehearing En Banc is also denied.
|
|
| Docket Date |
2023-08-22
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-07-21
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLEE'S RESPONSE TO APPELLANT'S MOTIONFOR REHEARING AND MOTION FOR REHEARING EN BANC
|
| On Behalf Of |
ADVANCED HEALTH & WELLNESS, INC.
|
|
| Docket Date |
2023-07-12
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Ext-granted to respond to motion (OG01A) ~ Appellee’s Unopposed Motion for Extension of Time to File a Response to Appellant’s Motion for Rehearing and Motion for Rehearing En Banc is granted to and including ten (10) days from the date of this Order.
|
|
| Docket Date |
2023-07-03
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ APPELLEE'S UNOPPOSED MOTION FOR EXTENSION OFTIME TO FILE A RESPONSE TO APPELLANT'S MOTION FORREHEARING AND MOTION FOR REHEARING EN BANC
|
| On Behalf Of |
ADVANCED HEALTH & WELLNESS, INC.
|
|
| Docket Date |
2023-06-29
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion for Rehearing / Rehearing En Banc
|
| On Behalf Of |
MGA Insurance Company, Inc.
|
|
| Docket Date |
2023-06-14
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Attorney Fees Granted (OG47) ~ Upon consideration of Appellee’s Motion for Attorney’s Fees, it is ordered that said Motion is granted, and the matter is remanded to the trial court. Appellant’s Motion for Appellate Attorney’s Fees is hereby denied.
|
|
| Docket Date |
2023-06-14
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Citation
|
|
| Docket Date |
2023-06-09
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
ADVANCED HEALTH & WELLNESS, INC.
|
|
| Docket Date |
2023-03-28
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Order Denying ORAL ARGUMENT ~ Upon consideration, the appellant’s Request for Oral Argument is hereby denied.
|
|
| Docket Date |
2023-02-02
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
MGA Insurance Company, Inc.
|
|
| Docket Date |
2023-01-19
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
MGA Insurance Company, Inc.
|
|
| Docket Date |
2023-01-18
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar or Related Case
|
| On Behalf Of |
MGA Insurance Company, Inc.
|
|
| Docket Date |
2022-12-22
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
ADVANCED HEALTH & WELLNESS, INC.
|
|
| Docket Date |
2022-12-22
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
ADVANCED HEALTH & WELLNESS, INC.
|
|
| Docket Date |
2022-11-22
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ AB-30 days to 12/28/2022
|
|
| Docket Date |
2022-11-22
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
ADVANCED HEALTH & WELLNESS, INC.
|
|
| Docket Date |
2022-09-27
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
ADVANCED HEALTH & WELLNESS, INC.
|
|
| Docket Date |
2022-09-27
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ AB-60 days to 11/28/2022
|
|
| Docket Date |
2022-08-30
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
MGA Insurance Company, Inc.
|
|
| Docket Date |
2022-08-25
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2022-07-07
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
MGA Insurance Company, Inc.
|
|
| Docket Date |
2022-06-24
|
| Type |
Notice
|
| Subtype |
Notice of Appeal Transmittal Form
|
| Description |
Notice of Transmittal--NOA
|
| On Behalf Of |
ADVANCED HEALTH & WELLNESS, INC.
|
|
| Docket Date |
2022-06-24
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
MGA Insurance Company, Inc.
|
|
| Docket Date |
2022-06-24
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. **The $300 filing fee for an appeal is due.
|
|
|
|
MGA INSURANCE COMPANY, INC., VS NEW VISTA DIAGNOSTIC IMAGING SERVICES, LLC, A/A/O HECTOR YAQUE,
|
3D2022-1093
|
2022-06-24
|
Closed
|
|
| Classification |
NOA Non Final - County Small Claims - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
21-39718 SP
|
Parties
| Name |
MGA INSURANCE COMPANY, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
CHRISTOPHER S. DUTTON, SCOTT W. DUTTON, REBECCA DELANEY
|
|
| Name |
NEW VISTA DIAGNOSTIC IMAGING SERVICES LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Douglas H. Stein, JEREMY P. DOVER
|
|
| Name |
Hon. Ayana Harris
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-01-27
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2023-01-27
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-01-11
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Citation
|
|
| Docket Date |
2023-01-11
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Attorney Fees Granted (OG47) ~ Upon consideration of Appellee’s Motion for Attorney’s Fees, it is ordered that said Motion is granted, contingent upon Appellee prevailing below pursuant to section 627.428, Florida Statutes. Appellant’s Motion for Appellate Attorney’s Fees is hereby denied.
|
|
| Docket Date |
2022-08-31
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLEE'S RESPONSE TO APPELLANT'SMOTION FOR APPELLATE ATTORNEY'S FEES
|
| On Behalf Of |
NEW VISTA DIAGNOSTIC IMAGING SERVICES, LLC
|
|
| Docket Date |
2022-08-30
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
MGA Insurance Company, Inc.
|
|
| Docket Date |
2022-08-29
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
MGA Insurance Company, Inc.
|
|
| Docket Date |
2022-08-02
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
NEW VISTA DIAGNOSTIC IMAGING SERVICES, LLC
|
|
| Docket Date |
2022-08-02
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
NEW VISTA DIAGNOSTIC IMAGING SERVICES, LLC
|
|
| Docket Date |
2022-07-07
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
NEW VISTA DIAGNOSTIC IMAGING SERVICES, LLC
|
|
| Docket Date |
2022-07-05
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO INITIAL BRIEF
|
| On Behalf Of |
MGA Insurance Company, Inc.
|
|
| Docket Date |
2022-07-05
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
MGA Insurance Company, Inc.
|
|
| Docket Date |
2022-06-24
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ NOTICE OF APPEAL OF NONFINAL ORDER
|
| On Behalf Of |
MGA Insurance Company, Inc.
|
|
| Docket Date |
2022-06-24
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
| On Behalf Of |
MGA Insurance Company, Inc.
|
|
| Docket Date |
2022-06-24
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee-civil w/atty (OR14B) ~ This is to notify counsel for Appellant that the filing and prosecution of a notice of appeal in this Court is not acceptable without compliance with the Florida Rules of Appellate Procedure. Therefore, this appeal will be dismissed unless the required three hundred dollar ($300.00) fee is paid to the Clerk of the Court on or before July 4, 2022.
|
|
| Docket Date |
2022-06-24
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case letter with attachments. The 3DCA $300 filing fee for a notice of appeal is due.
|
|
|
|
MARK J. FELDMAN AND MARK J. FELDMAN, P.A., VS MGA INSURANCE COMPANY, INC.,
|
3D2022-0867
|
2022-05-23
|
Closed
|
|
| Classification |
NOA Final - County Small Claims - PIP
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
County Court for the Eleventh Judicial Circuit, Miami-Dade County
14-8087 SP
|
Parties
| Name |
MARK J. FELDMAN, P.A.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
MARK J. FELDMAN
|
|
| Name |
MGA INSURANCE COMPANY, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Diane H. Tutt, DREW A. STOLLER
|
|
| Name |
Hon. Linda Melendez
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-05-23
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
MARK J. FELDMAN, P.A.
|
|
| Docket Date |
2022-05-23
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case letter with attachments. The 3DCA $300 filing fee for a notice of appeal is due.
|
|
| Docket Date |
2023-04-14
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2023-04-14
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-03-29
|
| Type |
Motion
|
| Subtype |
Attorney's Fees
|
| Description |
Attorneys fees denied (OD47) ~ Upon consideration of Appellants’ Motion for Sanctions, it is ordered that said Motion is hereby denied.
|
|
| Docket Date |
2023-03-29
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2023-02-20
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
MGA Insurance Company, Inc.
|
|
| Docket Date |
2023-01-11
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLEE'S RESPONSE TO APPELLANTS'MOTION FOR SANCTIONS
|
| On Behalf Of |
MGA Insurance Company, Inc.
|
|
| Docket Date |
2022-12-29
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
MARK J. FELDMAN, P.A.
|
|
| Docket Date |
2022-12-27
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ MOTION FOR SANCTIONS
|
| On Behalf Of |
MARK J. FELDMAN, P.A.
|
|
| Docket Date |
2022-12-13
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief
|
| On Behalf Of |
MARK J. FELDMAN, P.A.
|
|
| Docket Date |
2022-12-13
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Clerk's notice granting eot (CLKEX) ~ RB-14 days to 01/02/2023
|
|
| Docket Date |
2022-11-29
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
MGA Insurance Company, Inc.
|
|
| Docket Date |
2022-10-31
|
| 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 |
MGA Insurance Company, Inc.
|
|
| Docket Date |
2022-10-31
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Clerk's notice granting eot (CLKEX) ~ AB-30 days to 11/29/2022
|
|
| Docket Date |
2022-09-30
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Extension granted to file answer brief (OG04) ~ Appellee's Motion for Extension of Time to file the answer brief is granted to and including thirty (30) days from the date of this Order.
|
|
| Docket Date |
2022-09-27
|
| 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 |
MGA Insurance Company, Inc.
|
|
| Docket Date |
2022-09-13
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion to Dismiss Denied (OD32) ~ Upon consideration, Appellee’s Renewed Motion to Dismiss the Appeal is hereby denied. FERNANDEZ, C.J., and LOGUE and HENDON, JJ., concur.
|
|
| Docket Date |
2022-09-08
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion Granted (OG999) ~ Appellants’ Response to the Motion to Re-Style Case is noted. Upon consideration, Appellee’s Motion to Re-Style Case is granted as stated in the Motion.
|
|
| Docket Date |
2022-09-07
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 2 ~ Corrected Case Style.
|
|
| Docket Date |
2022-09-06
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE TO RENEWED MOTION TO DISMISS APPEAL
|
| On Behalf Of |
MARK J. FELDMAN, P.A.
|
|
| Docket Date |
2022-09-01
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss ~ RENEWED MOTION TO DISMISS APPEAL
|
| On Behalf Of |
MGA Insurance Company, Inc.
|
|
| Docket Date |
2022-08-17
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
MARK J. FELDMAN, P.A.
|
|
| Docket Date |
2022-08-16
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion Granted (OG999) ~ Appellant’s Motion to Supplement the Record, filed on July 28, 2022, is granted in part, and the record on appeal is supplemented to include the attached documents, to the extent that the offered records were filed in, and considered by, the trial court.
|
|
| Docket Date |
2022-08-12
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE TO APPELLANT'S MOTION TO SUPPLEMENT RECORD
|
| On Behalf Of |
MGA Insurance Company, Inc.
|
|
| Docket Date |
2022-08-11
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion to Dismiss Denied (OD32) ~ Upon consideration, Appellee’s Motion to Dismiss the Appeal is hereby denied. FERNANDEZ, C.J., and LOGUE and HENDON, JJ., concur.
|
|
| Docket Date |
2022-08-08
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE TO MOTION TO DISMISS APPEAL(S)
|
| On Behalf Of |
MARK J. FELDMAN, P.A.
|
|
| Docket Date |
2022-08-03
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
MGA Insurance Company, Inc.
|
|
| Docket Date |
2022-07-28
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement the Record
|
| On Behalf Of |
MARK J. FELDMAN, P.A.
|
|
| Docket Date |
2022-07-22
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Clerk's notice granting eot (CLKEX) ~ IB-30 days to 8/29/2022
|
|
| Docket Date |
2022-07-22
|
| 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 |
MARK J. FELDMAN, P.A.
|
|
| Docket Date |
2022-07-20
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2022-07-13
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
MGA Insurance Company, Inc.
|
|
| Docket Date |
2022-06-02
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
MARK J. FELDMAN, P.A.
|
|
| Docket Date |
2022-05-23
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-05-23
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee-civil w/atty (OR14B) ~ This is to notify counsel for Appellant that the filing and prosecution of a notice of appeal in this Court is not acceptable without compliance with the Florida Rules of Appellate Procedure. Therefore, this appeal will be dismissed unless the required three hundred dollar ($300.00) fee is paid to the Clerk of the Court on or before June 2, 2022.
|
|
|
