|
ELISHEA MOORE, Individually, et al. VS SOUTH FLORIDA ENT ASSOCIATES, INC., et al.
|
4D2023-1406
|
2023-06-09
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE22-008778
|
Parties
| Name |
Clinton Duke Moore, Jr.
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Clinton Moore
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Kevin L. Payton, D.D.S.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
David Jassir, M.D.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Hon. Carol-Lisa Phillips
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
William T. Zenga, Jr. D.M.D
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
William Thomas Zenga, D.M.D., P.A.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
ORAL-FACIAL RECONSTRUCTION AND IMPLANT CENTER OF SOUTH FLORIDA, INC.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Clinique Moore
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Estate of Clinton Moore
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Elishea Moore
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Lincoln J. Connolly
|
|
| Name |
South Florida ENT Associates, Inc.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Christine A. Brown, Jessica L. Gross, Julie W. Allison, Dorothy F. Easley, Kenneth W. Morgan, A. Scott Lundeen, Michael J. Thomas
|
|
Docket Entries
| Docket Date |
2023-09-06
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing En Banc
|
| Description |
Order Denying Rehearing En Banc ~ ORDERED that petitioners’ July 14, 2023 motion for rehearing, clarification, certification, written opinion, and rehearing en banc is denied.
|
|
| Docket Date |
2023-08-14
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| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ WILLIAM THOMAS ZENGA, DM.D, P.A., WILLIAM T. ZENGA, JR., DM.D., AND NONPARTY ARMAND ASINMAZ, DM.D. RESPONSE TO PETITIONERS' MOTION FOR CLARIFICATION, REHEARING, CERTIFICATION, WRITTEN OPINION, AND/OR FOR REHEARING EN BANC
|
| On Behalf Of |
South Florida ENT Associates, Inc.
|
|
| Docket Date |
2023-08-03
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT to file Response ~ ORDERED that Respondents' July 28, 2023 motion for extension of time is granted. The time for filing a response to the rehearing motion is extended to August 14, 2023.
|
|
| Docket Date |
2023-07-28
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
| On Behalf Of |
South Florida ENT Associates, Inc.
|
|
| Docket Date |
2023-07-14
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion for Rehearing / Rehearing En Banc ~ MOTION FOR CLARIFICATION, REHEARING, CERTIFICATION, WRITTEN OPINION,AND/OR FOR REHEARING EN BANC
|
| On Behalf Of |
Elishea Moore
|
|
| Docket Date |
2023-06-29
|
| Type |
Disposition
|
| Subtype |
Denied
|
| Description |
Denied - Order by Judge
|
|
| Docket Date |
2023-06-29
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
Order Denying Petition for Writ - Certiorari ~ ORDERED that, having considered the responses filed in 4D23-1242, Petitioner's June 20, 2023 motion to consolidate is granted. Case number 4D23-1242 is consolidated for all purposes with 4D23-1406. The appeal filed in 4D23-1242 is treated as a petition for certiorari and shall proceed in 4D23-1406. Further, ORDERED that the petition for writ of certiorari is denied on the merits.GROSS, MAY and KUNTZ, JJ., concur.
|
|
| Docket Date |
2023-06-28
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
South Florida ENT Associates, Inc.
|
|
| Docket Date |
2023-06-26
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ PETITIONERS' RESPONSE TO ZENGA RESPONDENTS' MOTION TO STRIKE PETITION FOR WRIT OF CERTIORARI EMBEDDED IN THEIR RESPONSE TO PETITIONERS' MOTION TO CONSOLIDATE
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| On Behalf Of |
Elishea Moore
|
|
| Docket Date |
2023-06-21
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ RESPONDENTS WILLIAM THOMAS ZENGA, DM.D, P.A., WILLIAM T. ZENGA, JR., DM.D., ETC. RESPONSE TO PETITIONERS' MOTION TO CONSOLIDATE COMBINED CERTIORARI PROCEEDING WITH APPEAL PROCEEDING AND MOTION TO DISPENSE WITH RECORD AND USE OF JOINT APPENDIXES
|
| On Behalf Of |
South Florida ENT Associates, Inc.
|
|
| Docket Date |
2023-06-20
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO PETITIONERS' NOTICE OF RELATED CASE AND MOTION TO CONSOLIDATE
|
| On Behalf Of |
Elishea Moore
|
|
| Docket Date |
2023-06-20
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate ~ NOTICE OF RELATED CASE AND MOTION TO CONSOLIDATE
|
| On Behalf Of |
Elishea Moore
|
|
| Docket Date |
2023-06-13
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion ~ ORDERED that Petitioner's June 9, 2023 motion is granted. The amended petition is accepted.
|
|
| Docket Date |
2023-06-12
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF NON-OBJECTIONS TO MOTION FOR LEAVE TO FILE AMENDED PETITION FOR WRIT OF CERTIORARI
|
|
| Docket Date |
2023-06-09
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed ~ *FILING FEE PAID ELECTRONICALLY
|
| On Behalf Of |
Elishea Moore
|
|
| Docket Date |
2023-06-09
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Writ of Certiorari / Acknowledgment letter
|
|
| Docket Date |
2023-06-09
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
|
| Docket Date |
2023-06-09
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ *MOTION FOR LEAVE TO FILEAMENDED PETITION FOR WRIT OF CERTIORARI
|
|
| Docket Date |
2023-06-09
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition ~ *FILING FEE PAID ELECTRONICALLY
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|
|
|
ELISHEA MOORE, Individually, et al. VS ARMAND ASINMAZ, D.M.D, et al.
|
4D2023-1242
|
2023-05-22
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE22-008778
|
Parties
| Name |
Clinton Moore
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Clinton Duke Moore, Jr.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Estate of Clinton Moore
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Elishea Moore
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Lincoln J. Connolly
|
|
| Name |
Clinique Moore
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
South Florida ENT Associates, Inc.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
William T. Zenga, Jr. D.M.D
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
David Jassir, M.D.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
William Thomas Zenga, D.M.D., P.A.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Kevin L. Payton, D.D.S.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ORAL-FACIAL RECONSTRUCTION AND IMPLANT CENTER OF SOUTH FLORIDA, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Carol-Lisa Phillips
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Armand Asinmaz, D.M.D
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Christine A. Brown, Michael J. Thomas, Julie W. Allison, Jessica L. Gross, Kenneth W. Morgan, Dorothy F. Easley, A. Scott Lundeen
|
|
Docket Entries
| Docket Date |
2023-06-20
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO APPELLANTS' MOTION FOR LEAVE TO FILE COMBINED INITIAL BRIEF /PETITION FOR WRIT OF CERTIORARI AND RELATED CONSOLIDATED RELIEF
|
| On Behalf Of |
Armand Asinmaz, D.M.D
|
|
| Docket Date |
2023-06-07
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
| On Behalf Of |
Armand Asinmaz, D.M.D
|
|
| Docket Date |
2023-06-20
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
Elishea Moore
|
|
| Docket Date |
2023-07-28
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
| On Behalf Of |
South Florida ENT Associates, Inc.
|
|
| Docket Date |
2023-07-14
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion for Rehearing / Rehearing En Banc ~ MOTION FOR CLARIFICATION, REHEARING, CERTIFICATION, WRITTEN OPINION,AND/OR FOR REHEARING EN BANC
|
| On Behalf Of |
Elishea Moore
|
|
| Docket Date |
2023-06-29
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
Order Denying Petition for Writ - Certiorari ~ ORDERED that, having considered the responses filed in 4D23-1242, Petitioner's June 20, 2023 motion to consolidate is granted. Case number 4D23-1242 is consolidated for all purposes with 4D23-1406. The appeal filed in 4D23-1242 is treated as a petition for certiorari and shall proceed in 4D23-1406. Further, ORDERED that the petition for writ of certiorari is denied on the merits.GROSS, MAY and KUNTZ, JJ., concur.
|
|
| Docket Date |
2023-06-29
|
| Type |
Disposition
|
| Subtype |
Denied
|
| Description |
Denied - Order by Judge
|
|
| Docket Date |
2023-06-26
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO ASINMAZ AND ZENGA APPELLEES' MOTION TO STRIKE PETITION FOR WRIT OF CERTIORARI IN 4D23-1406
|
| On Behalf Of |
Elishea Moore
|
|
| Docket Date |
2023-06-21
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ SECOND CORRECTED
|
| On Behalf Of |
Armand Asinmaz, D.M.D
|
|
| Docket Date |
2023-06-20
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate ~ CORRECTED -- MOTION TO DISPENSE WITH THE RECORD AND TO USE JOINT APPENDICES, AND NOTICE OF WITHDRAWAL OF EARLIER MOTION
|
| On Behalf Of |
Elishea Moore
|
|
| Docket Date |
2023-06-08
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT to file Response ~ ORDERED that both of appellees’ June 7, 2023 motions for extension of time are granted, and the time for filing a response to appellants’ May 30, 2023 motion is extended to June 19, 2023.
|
|
| Docket Date |
2023-06-07
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Armand Asinmaz, D.M.D
|
|
| Docket Date |
2023-05-30
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
Elishea Moore
|
|
| Docket Date |
2023-05-30
|
| Type |
Notice
|
| Subtype |
Notice of Designation of E-mail Address
|
| Description |
Notice of Primary E-Mail Address
|
| On Behalf Of |
Elishea Moore
|
|
| Docket Date |
2023-05-30
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ MOTION FOR LEAVE TO FILE COMBINED INITIAL BRIEF/PETITION FOR WRIT OF CERTIORARI AND FOR RELATED RELIEF
|
| On Behalf Of |
Elishea Moore
|
|
| Docket Date |
2023-05-30
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Elishea Moore
|
|
| Docket Date |
2023-05-23
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2023-05-22
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Elishea Moore
|
|
| Docket Date |
2023-05-22
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2023-09-06
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing En Banc
|
| Description |
Order Denying Rehearing En Banc ~ ORDERED that petitioners’ July 14, 2023 motion for rehearing, clarification, certification, written opinion, and rehearing en banc is denied.
|
|
| Docket Date |
2023-08-14
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ WILLIAM THOMAS ZENGA, DM.D, P.A., WILLIAM T. ZENGA, JR., DM.D., AND NONPARTY ARMAND ASINMAZ, DM.D. RESPONSE TO PETITIONERS' MOTION FOR CLARIFICATION, REHEARING, CERTIFICATION, WRITTEN OPINION, AND/OR FOR REHEARING EN BANC
|
| On Behalf Of |
South Florida ENT Associates, Inc.
|
|
| Docket Date |
2023-08-03
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT to file Response ~ ORDERED that Respondents' July 28, 2023 motion for extension of time is granted. The time for filing a response to the rehearing motion is extended to August 14, 2023.
|
|
| Docket Date |
2023-05-23
|
| 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.
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