Classification |
NOA Final - County Civil - Other
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
COINX23-022940
|
Parties
Name |
GEICO GENERAL INSURANCE COMPANY
|
Role |
Appellant
|
Status |
Active
|
Representations |
Kristen L. Wenger, Mark Andrew Krieger, IV, Rebecca Morrison
|
|
Name |
OPEN MAGNETIC SCANNING OF BOCA-DELRAY, LLC
|
Role |
Appellee
|
Status |
Active
|
Representations |
Henry Ray Crouser, Sean Alexander Storani, Chad Andrew Barr
|
|
Name |
Windsor Imaging Boca-Delray
|
Role |
Appellee
|
Status |
Active
|
|
Name |
ANTHONY DAVIS INC
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Hon. Mardi Levey Cohen
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Broward Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2024-11-18
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Consolidated Record on Appeal; pages 1 to 1,086
|
On Behalf Of |
Broward Clerk
|
|
Docket Date |
2024-10-16
|
Type |
Order
|
Subtype |
Order on Consolidation
|
Description |
ORDERED that, upon consideration of appellant's October 4, 2024 Notice of Related Case or Issue, case number 4D2024-2468 is now consolidated for all purposes with consolidated case number 4D2024-1328, and shall proceed under the time schedule for a final appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D2024-1328. Further,
ORDERED that appellant shall file the consolidated initial brief on or before December 6, 2024. 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.
|
View |
View File
|
|
Docket Date |
2024-10-07
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Record on Appeal -- 1838 pages
|
On Behalf Of |
Broward Clerk
|
|
Docket Date |
2024-09-16
|
Type |
Order
|
Subtype |
Order on Consolidation
|
Description |
ORDERED that, upon consideration of appellant's September 13, 2024 response, case numbers 4D2024-1913, 4D2024-1328, 4D2024-1606, 4D2024-1617, 4D2024-1746, 4D2024-1920 and 4D2024-1995 are now consolidated for all purposes and are to proceed under the time schedule for a final appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D2024-1328. Further, ORDERED that appellant shall file the consolidated initial brief on or before December 6, 2024. 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.
|
View |
View File
|
|
Docket Date |
2024-09-13
|
Type |
Response
|
Subtype |
Response
|
Description |
Response to Order to Show Cause
|
On Behalf Of |
Geico General Insurance Company
|
|
Docket Date |
2024-09-09
|
Type |
Order
|
Subtype |
Order to Show Cause
|
Description |
ORDERED that appellant is directed to show cause in writing, within five (5) days from the date of this order, why case numbers 4D2024-1913, 4D2024-1328, 4D2024-1606, 4D2024-1617, 4D2024-1746, 4D2024-1920, and 4D2024-1995 should not be consolidated either for all purposes or for purposes of assignment to the same panel. If appellant contends consolidation is proper, appellant shall provide a proposed consolidated briefing schedule.
|
View |
View File
|
|
Docket Date |
2024-09-05
|
Type |
Notice
|
Subtype |
Notice of Related Case or Issue
|
Description |
Notice of Related Case or Issue
|
On Behalf Of |
Geico General Insurance Company
|
|
Docket Date |
2024-07-29
|
Type |
Miscellaneous Document
|
Subtype |
Pay Case Filing Fee-300
|
Description |
Paid Case Filing Fee-300
|
On Behalf Of |
Geico General Insurance Company
|
View |
View File
|
|
Docket Date |
2024-07-26
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees
|
|
Docket Date |
2024-07-26
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal
|
On Behalf Of |
Open Magnetic Scanning of Boca-Delray
|
|
Docket Date |
2024-07-26
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
View |
View File
|
|
Docket Date |
2025-01-06
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief
|
On Behalf Of |
Geico Indemnity Company
|
View |
View File
|
|
Docket Date |
2024-12-02
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
ORDERED that Appellant's December 2, 2024 motion for extension of time is granted, and Appellant shall serve the initial brief on or before January 6, 2024. 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.
|
View |
View File
|
|
Docket Date |
2024-12-02
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Motion for Extension of Time to Serve Initial Brief
|
|
Docket Date |
2024-10-30
|
Type |
Order
|
Subtype |
Order on Consolidation
|
Description |
ORDERED that, upon consideration of appellant's October 4, 2024 Notice of Related Case or Issue and appellee's October 15, 2024 response, case number 4D2024-2502 is now consolidated for all purposes with consolidated case number 4D2024-1328, and shall proceed under the time schedule for a final appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D2024-1328. Further, ORDERED that appellant shall file the consolidated initial brief on or before December 6, 2024. 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.
|
View |
View File
|
|
Docket Date |
2024-09-20
|
Type |
Order
|
Subtype |
Order on Consolidation
|
Description |
ORDERED that, upon consideration of appellant's September 18, 2024 Notice of Related Case or Issue, case number 4D2024-2374 is now consolidated for all purposes with consolidated case number 4D2024-1328, and shall proceed under the time schedule for a final appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D2024-1328. Further,
ORDERED that appellant shall file the consolidated initial brief on or before December 6, 2024. 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.
|
View |
View File
|
|
|
Classification |
NOA Final - Circuit Criminal - 3.800 Non Summary
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
90-005512CF10A
|
Parties
Name |
ANTHONY DAVIS INC
|
Role |
Appellant
|
Status |
Active
|
Representations |
Carla P. Lowry
|
|
Name |
STATE OF FLORIDA LLC
|
Role |
Appellee
|
Status |
Active
|
Representations |
Matthew Steven Ocksrider, Attorney General-W.P.B., Heidi Lynn Bettendorf
|
|
Name |
Hon. Tim Bailey
|
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 |
2021-02-24
|
Type |
Order
|
Subtype |
Article I, Section 16(b)(10)b., Fla. Const. Order - Time Expired
|
Description |
Order Per Section 16(b)(10)b., Fla. Const. - Time Expired ~ Article I, section 16(b)(10)b. of the Florida Constitution provides that all state-level appeals and collateral attacks on any judgment must be complete within two years of the date of appeal in non-capital cases and five years from the date of appeal in capital cases unless a court enters an order with specific findings as to why the court was unable to comply and the circumstances causing the delay. Pursuant to the administrative procedures and definitions set forth in Supreme Court of Florida Administrative Order No. AOSC19-76, this case was not completed within the time frame required by Article I, section 16(b)(10)b. because the applicable time frame had already expired by the time this case was filed. Therefore, the Court is required to issue this order. The parties to this case are advised that no further action is necessary, and this case is completed and no further filings will be entertained.
|
|
Docket Date |
2021-02-22
|
Type |
Order
|
Subtype |
Order on Motion for Reinstatement
|
Description |
Deny Motion to Reinstate ~ Upon consideration of appellee’s February 15, 2021 response, it is ORDERED that appellant’s January 14, 2021 “motion to set aside January 6, 2021 order” is treated as a motion for reinstatement and is denied without prejudice.
|
|
Docket Date |
2021-02-15
|
Type |
Response
|
Subtype |
Response
|
Description |
Response
|
On Behalf Of |
State of Florida
|
|
Docket Date |
2021-02-05
|
Type |
Order
|
Subtype |
Order to File Response
|
Description |
ORD-Appellee to File Response ~ ORDERED that appellee is directed to respond, within ten (10) days from the date of this order, to appellant’s January 14, 2021 “motion to set aside January 6, 2021 order”.
|
|
Docket Date |
2021-01-14
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Miscellaneous Motion ~ MOTION TO SET ASIDE JANUARY 6, 2021 ORDER
|
On Behalf Of |
ANTHONY DAVIS
|
|
Docket Date |
2021-01-06
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Clerk
|
|
Docket Date |
2021-01-06
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
ORD-Sua Sponte Dismiss-Lack of Prosecution ~ ORDERED sua sponte that the above-styled case is dismissed for lack of prosecution.
|
|
Docket Date |
2020-12-18
|
Type |
Order
|
Subtype |
Show Cause
|
Description |
Show Cause Lack of Prosecution, Initial Brief ~ ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, within ten (10) days from the date of this order, why the above-styled case should not be dismissed for lack of timely prosecution, in that appellant's initial brief has not been filed with this court as of this date. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief is filed within this time, the order to show cause will be considered automatically discharged without further order.
|
|
Docket Date |
2020-11-16
|
Type |
Order
|
Subtype |
Order on Motion For Review
|
Description |
Order Denying Motion For Review ~ ORDERED that appellant’s October 22, 2020 “motion for review of order dated October 16, 2020” is denied without prejudice to file an amended motion for review within ten (10) days setting forth a colorable or justiciable basis for relief.
|
|
Docket Date |
2020-10-22
|
Type |
Motions Other
|
Subtype |
Motion For Review
|
Description |
Motion For Review
|
On Behalf Of |
ANTHONY DAVIS
|
|
Docket Date |
2020-10-22
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix
|
On Behalf Of |
ANTHONY DAVIS
|
|
Docket Date |
2020-10-21
|
Type |
Order
|
Subtype |
Show Cause
|
Description |
Show Cause Lack of Prosecution, Initial Brief ~ ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, within ten (10) days from the date of this order, why the above-styled case should not be dismissed for lack of timely prosecution, in that appellant’s initial brief has not been filed with this court as of this date. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief is filed within this time, the order to show cause will be considered automatically discharged without further order.
|
|
Docket Date |
2020-10-19
|
Type |
Misc. Events
|
Subtype |
Miscellaneous Trial Court Order
|
Description |
ORD-FROM CIRCUIT COURT/AGENCY
|
On Behalf Of |
Clerk - Broward
|
|
Docket Date |
2020-10-12
|
Type |
Order
|
Subtype |
Order to File Status Report
|
Description |
Order to File Status Report ~ Upon consideration of Carla Lowry, Esq.’s October 5, 2020 response, it is ORDERED that the circuit court is directed to file a status report, within ten (10) days from the date of this order, regarding the progress being made toward disposition of the August 7, 2020 “motion to withdraw and motion for appointment of appella[te] counsel.”
|
|
Docket Date |
2020-10-05
|
Type |
Response
|
Subtype |
Response
|
Description |
Response
|
On Behalf Of |
ANTHONY DAVIS
|
|
Docket Date |
2020-09-10
|
Type |
Order
|
Subtype |
Order to File Status Report
|
Description |
Order to File Status Report ~ ORDERED that Carla Lowry, Esq. shall provide a supplemental status report as to appellant’s representation on appeal within fifteen (15) days from the date of this order.
|
|
Docket Date |
2020-09-08
|
Type |
Response
|
Subtype |
Response
|
Description |
Response
|
On Behalf Of |
ANTHONY DAVIS
|
|
Docket Date |
2020-03-24
|
Type |
Motions Relating to Records
|
Subtype |
Motion for Extension of Time for Court Reporter
|
Description |
Motion EOT For Court Reporter Transcript
|
|
Docket Date |
2020-08-24
|
Type |
Order
|
Subtype |
Order Discharging Show Cause Order
|
Description |
ORD-Discharging Show Cause ~ ORDERED that, upon consideration of appellant’s response filed August 21, 2020, this court’s August 12, 2020 order to show cause is discharged. Further, ORDERED that 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. Further, ORDERED that Carla Lowry, Esq. shall provide a status report as to appellant’s representation on appeal within fifteen (15) days from the date of this order.
|
|
Docket Date |
2020-08-21
|
Type |
Response
|
Subtype |
Response
|
Description |
Response to Order to Show Cause
|
On Behalf Of |
ANTHONY DAVIS
|
|
Docket Date |
2020-08-12
|
Type |
Order
|
Subtype |
Show Cause
|
Description |
Show Cause Lack of Prosecution, Initial Brief ~ **DISCHARGED**ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, within ten (10) days from the date of this order, why the above-styled case should not be dismissed for lack of timely prosecution, in that appellant's initial brief has not been filed with this court as of this date. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief is filed within this time, the order to show cause will be considered automatically discharged without further order.
|
|
Docket Date |
2020-05-29
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ 275 PAGES
|
On Behalf Of |
Clerk - Broward
|
|
Docket Date |
2020-04-30
|
Type |
Misc. Events
|
Subtype |
Miscellaneous Trial Court Order
|
Description |
ORD-FROM CIRCUIT COURT/AGENCY ~ FOLLOWING APRIL 30, 2020 HEARING ON STATUS OF TRANSCRIPTS
|
On Behalf Of |
Clerk - Broward
|
|
Docket Date |
2020-04-23
|
Type |
Response
|
Subtype |
Response
|
Description |
Response
|
|
Docket Date |
2020-04-22
|
Type |
Order
|
Subtype |
Order to File Status Report
|
Description |
Order to File Status Report ~ ORDERED, upon consideration of Boss Reporting’s failure to comply with this court’s April 8, 2020 order and the Seventeenth Judicial Circuit’s April 7, 2020 order, Boss Reporting shall file a status report concerning the completion of the transcript by no later than Friday, April 24, 2020 at Noon. Boss Reporting shall also serve a copy of the status report on the Chief Judge of the Seventeenth Judicial Circuit. Further, pursuant to Fla. R. App. P. 9.600(a), this court authorizes the Chief Judge of the Seventeenth Judicial Circuit, or the Chief Judge’s designee, to render such orders as are necessary to implement this order, and to render such further orders as are necessary to secure completion of the transcript, including any and all actions referenced in the Seventeenth Judicial Circuit’s April 7, 2020 order. The Chief Judge of the Seventeenth Judicial Circuit, or the Chief Judge’s designee, shall file in this court copies of any orders entered in connection with the completion of the transcript. The reporter shall file with this court a copy of the lower tribunal clerk’s receipt of any transcript filed after the date of this order.
|
|
Docket Date |
2020-04-22
|
Type |
Misc. Events
|
Subtype |
Court Reporter Acknowledgement Letter
|
Description |
Court Reporter Acknowledgement Letter
|
|
Docket Date |
2020-04-22
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ OF NON-RECEIPT OF TRANSCRIPT
|
On Behalf Of |
Clerk - Broward
|
|
Docket Date |
2020-04-08
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time for Court Reporter
|
Description |
Order Granting EOT for Court Reporter's Transcript ~ ORDERED that the court reporter’s request for an extension of time to file the transcript with the circuit court is granted, and the time for preparation and service of the transcript is extended to and including April 9, 2020. Attorneys shall notify this court of non-compliance; further,ORDERED that all other time frames pertaining to the filing of the record and briefs are extended accordingly. See Fla. R. App. P. 9.300(b) (record on appeal is due twenty (20) days after receipt of the transcript, appellant's initial brief shall be filed within thirty (30) days from service of the index to the record.).
|
|
Docket Date |
2020-04-07
|
Type |
Misc. Events
|
Subtype |
Miscellaneous Trial Court Order
|
Description |
ORD-FROM CIRCUIT COURT/AGENCY
|
On Behalf Of |
Hon. Jack B. Tuter
|
|
Docket Date |
2020-04-03
|
Type |
Response
|
Subtype |
Response
|
Description |
Response
|
|
Docket Date |
2020-03-31
|
Type |
Misc. Events
|
Subtype |
Miscellaneous Trial Court Order
|
Description |
ORD-FROM CIRCUIT COURT/AGENCY
|
On Behalf Of |
Hon. Jack B. Tuter
|
|
Docket Date |
2020-03-31
|
Type |
Order
|
Subtype |
Order
|
Description |
Miscellaneous Order ~ The Court appreciates the efforts, during these difficult times, by all parties and Boss Reporting to provide expedited responses and replies to the March 24, 2020 motion for extension of time. Upon consideration of the responses and replies, it is ORDERED that, pursuant to Florida Rule of Appellate Procedure 9.600(a), the Chief Judge of the Seventeenth Judicial Circuit is directed to conduct a hearing by no later than Monday, April 6, 2020 for the purpose of: (1) ascertaining Boss Reporting’s ongoing ability to complete and file transcripts; and (2) recommending to this Court, as to each case, a reasonable deadline for completion and filing of the transcript. By no later than two (2) business days prior to the scheduled hearing, Boss Reporting shall provide to the Chief Judge of the Seventeenth Judicial Circuit, with copies to this Court and all parties, a list of all cases in this Court for which a transcript is pending. The list shall include the following information as to each case: (1) the name of the court reporter; (2) the current due date of the transcript; and (3) the current status of the completion and filing of the transcript. The Chief Judge of the Seventeenth Judicial Circuit shall file in this court copies of any orders entered in connection with the hearing by no later than Tuesday, April 7, 2020.
|
|
Docket Date |
2020-03-26
|
Type |
Order
|
Subtype |
Order to File Response
|
Description |
ORD-To File Response ~ ORDERED, upon consideration of the responses to Boss Reporting’s March 24, 2020 motion for extension of time, Boss Reporting shall file a reply to the responses by no later than Noon on Monday, March 30, 2020. Boss Reporting shall also serve the Chief Judge of the Seventeenth Judicial Circuit with a copy of the reply. Boss Reporting is advised that identical orders are being issued in Case Nos. 18-2640, 18-3269, 19-1007, 19-1326, 19-1795, 19-1901, 19-1938, 19- 1956, 19-2757, 19-3409, 19-3732, 19-3749, 19-3753, 19-3821, 19-3874, 19-3875, 19-3913, 19-3973, 20-0037, 20-0059, 20-0129, 20-0231, 20-0278, 20-0478, 20-0532, 20-0533, and 20-0752, and inconsistent replies should be avoided.
|
|
Docket Date |
2020-03-26
|
Type |
Response
|
Subtype |
Response
|
Description |
Response
|
On Behalf Of |
State of Florida
|
|
Docket Date |
2020-03-25
|
Type |
Order
|
Subtype |
Order to File Response
|
Description |
ORD-To File Response ~ ORDERED, upon consideration of Boss Reporting’s March 24, 2020 motion for extension of time, both the appellant and the appellee shall file a response to the motion by no later than Noon on Thursday, March 26, 2020. The appellant and appellee may file a joint response. The parties shall also serve the Chief Judge of the Seventeenth Judicial Circuit with a copy of the response. The parties are also advised that identical orders are being issued in Case Nos. 18-2640, 18-3269, 19-1007, 19-1326, 19-1795, 19-1901, 19-1938, 19-1956, 19-2757, 19-3409, 19-3732, 19-3749, 19-3753, 19-3821, 19-3874, 19-3875, 19-3913, 19-3973, 20-0037, 20-0059, 20-0129, 20-0231, 20-0278, 20-0478, 20-0532, 20-0533, and 20-0752, and inconsistent responses filed by the same entity or attorney should be avoided.
|
|
Docket Date |
2020-03-25
|
Type |
Response
|
Subtype |
Response
|
Description |
Response
|
On Behalf Of |
ANTHONY DAVIS
|
|
Docket Date |
2020-02-11
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time for Court Reporter
|
Description |
Order Granting EOT for Court Reporter's Transcript ~ ORDERED that the court reporter’s request for an extension of time to file the transcript with the circuit court is granted, and the time for preparation and service of the transcript is extended to and including March 10, 2020. Attorneys shall notify this court of non-compliance; further,ORDERED that all other time frames pertaining to the filing of the record and briefs are extended accordingly. See Fla. R. App. P. 9.300(b) (record on appeal is due twenty (20) days after receipt of the transcript, appellant's initial brief shall be filed within thirty (30) days from service of the index to the record.).
|
|
Docket Date |
2020-02-10
|
Type |
Motions Relating to Records
|
Subtype |
Motion for Extension of Time for Court Reporter
|
Description |
Motion EOT For Court Reporter Transcript
|
|
Docket Date |
2020-01-09
|
Type |
Misc. Events
|
Subtype |
Court Reporter Acknowledgement Letter
|
Description |
Court Reporter Acknowledgement Letter
|
|
Docket Date |
2020-01-08
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2020-01-07
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
ANTHONY DAVIS
|
|
Docket Date |
2020-01-07
|
Type |
Misc. Events
|
Subtype |
Determination of Indigency/LT Order Insolvency
|
Description |
Determination of Indigent Status
|
|
|