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SUMIT SAWHNEY, M.D., et al., Appellant(s) v. NORTHWEST MEDICAL CENTER, INC., Appellee(s).
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4D2023-1901
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2023-08-09
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Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE22-9137
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Parties
| Name |
Eric Kleinstein, M.D.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Sumit Sawhney, M.D.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Richard H. Levenstein, Terry Ellen Resk
|
|
| Name |
Northwest Medical Center Executive Committee
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Northwest Medical Center Medical Staff
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
NORTHWEST MEDICAL CENTER, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Clark S. Splichal, Jennifer Christianson, Martin B. Goldberg, Jonathan Eric Siegelaub
|
|
| Name |
Hon. Fabienne E. Fahnestock
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-05-10
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response in Opposition to Appellants' Motion to Strike Answer Brief
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| On Behalf Of |
Northwest Medical Center, Inc.
|
|
| Docket Date |
2024-05-02
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
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|
| Docket Date |
2024-04-25
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| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike Appellee's Answer Brief
|
|
| Docket Date |
2024-04-08
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
ORDERED that Appellants' April 5, 2024 motion for extension of time is granted in part without prejudice to seeking a further extension if necessary. Appellant shall serve the reply brief within fifteen (15) days from the current due date. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
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| View |
View File
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|
| Docket Date |
2024-04-05
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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
|
|
| Docket Date |
2024-03-28
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| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Answer Brief
|
| On Behalf Of |
Northwest Medical Center, Inc.
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| View |
View File
|
|
| Docket Date |
2024-02-27
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
10 Days to 03/28/2024
|
|
| Docket Date |
2024-02-27
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| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension of Time - Answer Brief
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| On Behalf Of |
Northwest Medical Center, Inc.
|
|
| Docket Date |
2023-12-28
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
60 Days to 03/18/2024
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|
| Docket Date |
2023-12-28
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| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension of Time - Answer Brief
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| On Behalf Of |
Northwest Medical Center, Inc.
|
|
| Docket Date |
2024-10-15
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| Type |
Notice
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| Subtype |
Notice of Supplemental Authority
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| Description |
Notice of Supplemental Authority
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|
| Docket Date |
2024-08-13
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| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice to Attend Oral Argument Via Zoom Video Conference on October 22, 2024
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| On Behalf Of |
Northwest Medical Center, Inc.
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|
| Docket Date |
2024-08-12
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| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice to Attend Oral Argument Via Zoom Video Conference on October 22, 2024
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| On Behalf Of |
Sumit Sawhney, M.D.
|
|
| Docket Date |
2024-06-07
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| Type |
Motions Relating to Oral Argument
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| Subtype |
Motion/Request for Oral Argument
|
| Description |
Amended Request for Oral Argument
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|
| Docket Date |
2024-06-07
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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 |
Sumit Sawhney, M.D.
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| View |
View File
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| Docket Date |
2024-05-21
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| Type |
Brief
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| Subtype |
Amended Answer Brief
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| Description |
Amended Answer Brief
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| On Behalf Of |
Northwest Medical Center, Inc.
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| View |
View File
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|
| Docket Date |
2024-05-16
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| Type |
Order
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| Subtype |
Order on Motion To Strike
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| Description |
ORDERED that, upon consideration of appellee's May 10, 2024 response, appellants' April 25, 2024 motion to strike is granted, and the answer brief is stricken. Appellee shall file, within ten (10) days from the date of this order, an amended answer brief in conformance with Florida Rule of Appellate Procedure 9.210, including references to the appropriate pages of the record and transcript. See Fla. R. App. P. 9.210. The time for service of the reply brief is tolled accordingly.
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| View |
View File
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| Docket Date |
2023-12-18
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| Type |
Record
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| Subtype |
Appendix to Initial Brief
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| Description |
Appendix to Initial Brief
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| On Behalf Of |
Sumit Sawhney, M.D.
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|
| Docket Date |
2023-12-18
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| Type |
Brief
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| Subtype |
Initial Brief
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| Description |
Initial Brief
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| On Behalf Of |
Sumit Sawhney, M.D.
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| View |
View File
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|
| Docket Date |
2023-12-15
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| Type |
Response
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| Subtype |
Response
|
| Description |
Response to Appellants' Motion for Extension of Time
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| On Behalf Of |
Northwest Medical Center, Inc.
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|
| Docket Date |
2023-12-14
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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 |
Amended Motion for Extension of Time to Serve Initial Brief
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|
| Docket Date |
2023-10-03
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| Type |
Record
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| Subtype |
Record on Appeal
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| Description |
Record on Appeal; 4,288 Pages
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| On Behalf Of |
Clerk - Broward
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|
| Docket Date |
2023-09-28
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| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
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| Description |
60 Days to 12/16/2023
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|
| Docket Date |
2023-09-28
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| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
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| Description |
Notice of Agreed Extension of Time - Initial Brief
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|
| Docket Date |
2023-08-09
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| Type |
Notice
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| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal Filed
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| On Behalf Of |
Sumit Sawhney, M.D.
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|
| Docket Date |
2023-08-09
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| Type |
Misc. Events
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| Subtype |
Fee Status
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| Description |
FP:Fee Paid Through Portal
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| On Behalf Of |
Sumit Sawhney, M.D.
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|
| Docket Date |
2023-08-09
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter
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|
| Docket Date |
2024-12-18
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| Type |
Mandate
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| Subtype |
Mandate
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| Description |
Mandate
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| View |
View File
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|
| Docket Date |
2024-12-18
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| Type |
Misc. Events
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| Subtype |
West Publishing
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| Description |
West Publishing
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|
| Docket Date |
2024-11-27
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| Type |
Disposition by Opinion
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| Subtype |
Reversed
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| Description |
Reversed
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| View |
View File
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| Docket Date |
2024-08-08
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| Type |
Order
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| Subtype |
Order Re: Video Oral Argument
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| Description |
ORDERED that oral argument in this case is scheduled for Tuesday, October 22, 2024, at 10:45 a.m. for 15 minutes per side through Zoom video conference. The court calendars can be viewed on this court's website at 4dca.flcourts.gov. In criminal cases where a victim, as defined in Article I, Section 16(e) of the Florida Constitution, has invoked their right to notice under Article I, Section 16(b)(6) of the Florida Constitution, the State shall provide the victim with notice of this oral argument and of any changes to the scheduled date or time. The parties are advised that the only attorneys permitted into the Zoom meeting will be those who will be arguing before the court. Attorneys who will not be arguing before the court may watch the public live stream of the oral argument via the court's website. In addition, attorneys who will be arguing before the court shall attend a Zoom orientation/test session with court staff at 3:30pm on August 21, 2024 or September 18, 2024 at Zoom meeting ID 836 8222 9748 and Zoom meeting passcode 246426. Attorneys who have previously attended this court's Zoom orientation/test session within the three months predating this order are exempt from this requirement. Further ORDERED that, within five (5) days from the date of this order, all parties shall file a notice which: (1) identifies the attorney or attorneys who will be arguing the case; and (2) provides the direct contact information for those attorneys, including email addresses and telephone numbers. The court will send the Zoom meeting information for the oral argument session to the email addresses provided.
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| View |
View File
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| Docket Date |
2024-05-13
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| Type |
Motions Relating to Oral Argument
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| Subtype |
Motion/Request for Oral Argument
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| Description |
**AMENDED MOTION FILED** Motion/Request for Oral Argument
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|
| Docket Date |
2024-05-03
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| Type |
Order
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| Subtype |
Order on Motion for Extension of Time to File Response
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| Description |
ORDERED that Appellee's May 2, 2024 motion for extension of time is granted, and the time for filing a response to Appellants' April 25, 2024 motion to strike is extended to and including May 10, 2024.
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| View |
View File
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| Docket Date |
2023-12-20
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| Type |
Order
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| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
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| Description |
ORDERED that, upon consideration of appellee's December 15, 2023 response, appellants' December 14, 2023 motion for extension of time is granted, and the initial brief is deemed timely filed as of December 18, 2023.
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| View |
View File
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| Docket Date |
2023-08-09
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| Type |
Order
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| 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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NUR CLARKE VS NORTHWEST MEDICAL CENTER, INC.
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4D2019-2780
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2019-09-05
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Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
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| Court |
4th District Court of Appeal
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| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE 15020071 (26)
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Parties
| Name |
NUR CLARKE
|
| Role |
Appellant
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| Status |
Active
|
| Representations |
Joel S. Perwin
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|
| Name |
NORTHWEST MEDICAL CENTER, INC.
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| Role |
Appellee
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| Status |
Active
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| Representations |
Brent M. Reitman, Sean F. Thompson, Robert E. Paradela, Paul R. Borr, Scott S. Liberman, Alyssa Reiter, Ivan Francis Cabrera
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|
| Name |
Jeffrey V. Mansell
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| Role |
Amicus - Petitioner
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| Status |
Active
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|
| Name |
Hon. Carolyn Bell
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| Role |
Judge/Judicial Officer
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| Status |
Active
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|
| Name |
Hon. Patti Englander Henning
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
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Docket Entries
| Docket Date |
2021-04-29
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| Type |
Record
|
| Subtype |
Returned Exhibits
|
| Description |
Returned Exhibits
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|
| Docket Date |
2021-02-12
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| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2021-01-26
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| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
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|
| Docket Date |
2021-01-26
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| Type |
Order
|
| Subtype |
Order on Motion for Rehearing En Banc
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| Description |
Order Denying Rehearing En Banc ~ ORDERED that appellant's December 21, 2020 motion for rehearing en banc is denied.
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| Docket Date |
2021-01-04
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| Type |
Response
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| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR REHEARING
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| On Behalf Of |
Northwest Medical Center, Inc.
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|
| Docket Date |
2020-12-21
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| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing En Banc
|
| Description |
Motion For Rehearing EN BANC
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| On Behalf Of |
NUR CLARKE
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|
| Docket Date |
2020-12-09
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| Type |
Disposition by Opinion
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| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Opinion
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|
| Docket Date |
2020-11-10
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| Type |
Misc. Events
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| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ 4DCA
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|
| Docket Date |
2020-10-16
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| Type |
Notice
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| Subtype |
Notice
|
| Description |
Notice ~ RE: ORAL ARGUMENT
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| On Behalf Of |
Northwest Medical Center, Inc.
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|
| Docket Date |
2020-10-14
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| Type |
Notice
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| Subtype |
Notice
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| Description |
Notice ~ NOTICE OF ATTENDANCE AT ORAL ARGUMENT VIA ZOOM
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| On Behalf Of |
NUR CLARKE
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|
| Docket Date |
2020-10-13
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| Type |
Order
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| Subtype |
Order Re: Video Oral Argument
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| Description |
Order Re: Video Oral Argument ~ Given the evolving situation surrounding the COVID-19 virus, the in-person oral arguments now scheduled at the Court on November 10, 2020 are cancelled. So as not to delay the disposition of the cases, the court will conduct oral argument through Zoom video conference on that date. The week before oral argument the Clerk of the Court will provide connection instructions. Should both parties file a stipulation by noon on Monday, October 19, 2020 that they waive oral argument, the court will then decide the case based upon the briefs. If the parties do not stipulate to waive oral argument, then they shall file a notice by noon on Monday, October 19, 2020 which: (1) identifies the attorneys who will be arguing the case; and (2) provides the direct contact information for those attorneys.
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| Docket Date |
2020-08-26
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| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
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| Description |
ORD-Setting Oral Argument ~ This case is set for Oral Argument on November 10, 2020, at 9:30 A.M. for 15 minutes per side. If a side anticipates more than two attorneys sitting at counsel table during oral argument, it shall contact the Marshal’s Office by phone at least two business days before the oral argument session. The court calendars can be viewed on this court's website at HYPERLINK "http://www.4dca.org" www.4dca.org. Given the evolving situation surrounding the COVID-19 virus, the court may reschedule this oral argument or conduct oral argument by remote means.Attorneys not registered with this court’s eDCA and pro se parties are required to file a "Notice of Receipt of Oral Argument" within ten (10) days from the date of this order, acknowledging they have received this order.
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| Docket Date |
2020-07-08
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| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
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| On Behalf Of |
NUR CLARKE
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|
| Docket Date |
2020-06-23
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| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
Northwest Medical Center, Inc.
|
|
| Docket Date |
2020-06-23
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| Type |
Brief
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| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
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| On Behalf Of |
Northwest Medical Center, Inc.
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|
| Docket Date |
2020-05-26
|
| 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 May 21, 2020 motion for extension of time is granted, and appellee shall serve the answer brief within fifteen (15) days from the current due date. 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 |
2020-05-21
|
| 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 |
Northwest Medical Center, Inc.
|
|
| Docket Date |
2020-04-28
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
Northwest Medical Center, Inc.
|
|
| Docket Date |
2020-04-28
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 6/8/20
|
|
| Docket Date |
2020-03-17
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
Northwest Medical Center, Inc.
|
|
| Docket Date |
2020-03-17
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 5/4/20.
|
|
| Docket Date |
2020-02-28
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 4/2/2020
|
|
| Docket Date |
2020-02-28
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
Northwest Medical Center, Inc.
|
|
| Docket Date |
2020-02-10
|
| Type |
Brief
|
| Subtype |
Amicus Curiae Brief
|
| Description |
Amicus Curiae Brief
|
| On Behalf Of |
Jeffrey V. Mansell
|
|
| Docket Date |
2020-01-31
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
NUR CLARKE
|
|
| Docket Date |
2020-01-31
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
NUR CLARKE
|
|
| Docket Date |
2020-01-07
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 2/12/20
|
|
| Docket Date |
2020-01-07
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
NUR CLARKE
|
|
| Docket Date |
2019-12-16
|
| Type |
Order
|
| Subtype |
Order on Motion for Leave to File Amicus Curiae Brief
|
| Description |
ORD-Permitting Amicus Curiae Brief ~ ORDERED that the Florida Justice Association's December 12, 2019 motion for leave to file an amicus curiae brief in support of appellant is granted. The Florida Justice Association shall file its brief no later than ten (10) days after appellant files the initial brief. Fla. R. App. P. 9.370(c).
|
|
| Docket Date |
2019-12-12
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to File Amicus Curiae Brief
|
| Description |
Motion To File Amicus Curiae Brief
|
| On Behalf Of |
Jeffrey V. Mansell
|
|
| Docket Date |
2019-11-08
|
| Type |
Record
|
| Subtype |
Exhibits
|
| Description |
Received Exhibits ~ (1) ONE ENVELOPE--CD ROM
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2019-11-07
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
NUR CLARKE
|
|
| Docket Date |
2019-11-07
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 4475 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2019-11-07
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 60 DAYS TO 1/13/20
|
|
| Docket Date |
2019-09-11
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Northwest Medical Center, Inc.
|
|
| Docket Date |
2019-09-06
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2019-09-06
|
| 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 |
2019-09-06
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
NUR CLARKE
|
|
| Docket Date |
2019-09-05
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
NUR CLARKE
|
|
| Docket Date |
2019-09-05
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
|
OCTAVIA MCDOUGLE, as Personal Representative for the ESTATE OF CLAUDETTE BUTLER (deceased) VS NORTHWEST MEDICAL CENTER, INC., COCONUT CREEK EMERGENCY PHYSICIANS, LLC and ADEBAYO FAYIGA, M.D.
|
4D2019-1356
|
2019-05-13
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE 17-020165
|
Parties
| Name |
ESTATE OF CLAUDETTE BUTLER (deceased)
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
OCTAVIA MCDOUGLE
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Erik P. Bartenhagen
|
|
| Name |
COCONUT CREEK EMERGENCY PHYSICIANS, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ADEBAYO FAYIGA, M.D.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
NORTHWEST MEDICAL CENTER, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
KEVIN O'CONNOR, VIVIANA I. VARELA, Alyssa Reiter, REBECCA D. BOVINET, THERESA CHRISTINE PEREZ, Nathan M. Saunders
|
|
Docket Entries
| Docket Date |
2019-12-13
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the December 11, 2019 notice of voluntary dismissal, this case is dismissed.
|
|
| Docket Date |
2019-12-13
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2019-12-11
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
OCTAVIA MCDOUGLE
|
|
| Docket Date |
2019-11-12
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ NORTHWEST MEDICAL CENTER
|
| On Behalf Of |
Northwest Medical Center, Inc.
|
|
| Docket Date |
2019-11-12
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 12/13/19.
|
|
| Docket Date |
2019-10-08
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ NORTHWEST MEDICAL CENTER
|
| On Behalf Of |
Northwest Medical Center, Inc.
|
|
| Docket Date |
2019-10-08
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 11/13/19.
|
|
| Docket Date |
2019-09-11
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ NORTHWEST MEDICAL CENTER
|
| On Behalf Of |
Northwest Medical Center, Inc.
|
|
| Docket Date |
2019-09-11
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 10/13/19.
|
|
| Docket Date |
2019-08-14
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
OCTAVIA MCDOUGLE
|
|
| Docket Date |
2019-08-14
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
OCTAVIA MCDOUGLE
|
|
| Docket Date |
2019-07-18
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
OCTAVIA MCDOUGLE
|
|
| Docket Date |
2019-07-18
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 8/19/19.
|
|
| Docket Date |
2019-06-28
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ (284 PAGES)
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2019-05-22
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Northwest Medical Center, Inc.
|
|
| Docket Date |
2019-05-15
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
OCTAVIA MCDOUGLE
|
|
| Docket Date |
2019-05-14
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2019-05-13
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2019-05-13
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
OCTAVIA MCDOUGLE
|
|
| Docket Date |
2019-05-14
|
| 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.
|
|
|
|
NORTHWEST MEDICAL CENTER, INC. VS NUR CLARKE, et al.
|
4D2016-1895
|
2016-06-07
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE 15-020071 08
|
Parties
| Name |
NORTHWEST MEDICAL CENTER, INC.
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Debra Klauber, Kenneth J. Miller
|
|
| Name |
JAMIE BURROWS
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
AMBER BRYANT, RN
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
NUR CLARKE
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Jami L. Gursky, JOSHUA MAXWELL BLOOM, KATHRYN L. SHANLEY, Scott S. Liberman
|
|
| Name |
ROYAL PALM OB/GYN
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
TARA DENNIS
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
REBECCA CHAUVIN LLC
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
AMN HEALTHCARE, INC.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
HON. DALE ROSS
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2016-06-23
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2016-06-23
|
| 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.MAY, CONNER and KLINGENSMITH, JJ., concur.
|
|
| Docket Date |
2016-06-17
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay filing fee-Notice Joinder-10 days ~ The $295.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Joinder as required by section 35.22(2)(b), Florida Statutes (2014). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE PROCEEDING IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED, Rebecca Chauvin, CNM, MSN, ARNP, Tara Dennis, D.O., Jamie Burros, D.O. and Royal Palm OB/GYN, P.A., shall pay the $295.00 filing fee or file the circuit court clerk's determination of indigent status in this Court within ten (10) days from the date of the entry of this order. Failure to comply within the time prescribed will result in dismissal/striking of the notice of joinder 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 joinder has a duty to tender the filing fee to the appellate court when the notice 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 Florida Department of Financial Services for collection.
|
|
| Docket Date |
2016-06-14
|
| Type |
Notice
|
| Subtype |
Notice of Joinder in Filing
|
| Description |
Notice of Joinder
|
| On Behalf Of |
NUR CLARKE
|
|
| Docket Date |
2016-06-08
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Writ of Certiorari / Acknowledgment letter
|
|
| Docket Date |
2016-06-08
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Original Proceeding ~ The $300.00 filing fee or affidavit of indigency in conformance with sections 57.081 and 57.085, Florida Statutes, did not accompany the petition as required in Florida Rule of Appellate Procedure 9.100(b). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE PETITION IS SUBSEQUENTLY VOLUNTARILY DISMISSED OR ADVERSELY DISMISSED.ORDERED sua sponte that the $300.00 filing fee or affidavit of indigency in conformance with section 57.081 and 57.085, Florida Statutes, must be filed in this Court within ten (10) days from the date of the entry of this order. 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 petition has a duty to tender the filing fee to the appellate court when the petition 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: 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 this filing fee is paid or until an affidavit of indigency is filed and indigency status is granted.
|
|
| Docket Date |
2016-06-07
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed
|
| On Behalf Of |
NORTHWEST MEDICAL CENTER, INC.
|
|
| Docket Date |
2016-06-07
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2016-06-07
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
| On Behalf Of |
NORTHWEST MEDICAL CENTER, INC.
|
|
|
|
JAMES D'AVIGNON, etc. VS NORTHWEST MEDICAL CENTER, INC., et al.
|
4D2015-1533
|
2015-04-20
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE14002127 (12)
|
Parties
| Name |
EST. OF ROBIN D'AVIGNON
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
JAMES D'AVIGNON
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
ROBERT DWIGHT PELTZ, CHARLES H. BAUMBERGER
|
|
| Name |
NORTHWEST MEDICAL CENTER, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
JAMES S. HALICZER, Debra Klauber, Richard Thomas Woulfe
|
|
| Name |
DOUGLAS WEISSMAN, M.D.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Michael L. Gates
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2016-04-22
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2016-04-22
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2016-03-31
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney Fees-Offer Judg. ~ ORDERED that the appellee Northwest Medical Center's September 10, 2015 motion for attorneys' fees is granted conditioned on the trial court determining that appellee Northwest Medical Center is entitled to fees under section 768.79, Florida Statutes (2014) and, if so, setting the amount of the attorneys' fees to be awarded for this appellate case. If a motion for rehearing is filed in this court, then services rendered in connection with the motion, including, but not limited to, preparation of a responsive pleading, shall be taken into account in computing the amount of the fee
|
|
| Docket Date |
2016-03-31
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2016-03-29
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ 4DCA
|
|
| Docket Date |
2016-01-14
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
ORD-Setting Oral Argument ~ This case is set for Oral Argument on March 29, 2016, at 10:00 A.M. for 15 minutes per side. The court calendars can be viewed on this court's website at HYPERLINK "http://www.4dca.org" www.4dca.org. Attorneys not registered with this court¿s eDCA and pro se parties are required to file a "Notice of Receipt of Oral Argument" within ten (10) days from the date of this order, acknowledging they have received this order.
|
|
| Docket Date |
2015-10-26
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
JAMES D'AVIGNON
|
|
| Docket Date |
2015-09-21
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief ~ 30 DAYS TO 10/30/15
|
| On Behalf Of |
JAMES D'AVIGNON
|
|
| Docket Date |
2015-09-18
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR ATTORNEY'S FEES
|
| On Behalf Of |
JAMES D'AVIGNON
|
|
| Docket Date |
2015-09-10
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ (RESPONSE FILED 9/18/15)
|
| On Behalf Of |
Northwest Medical Center, Inc.
|
|
| Docket Date |
2015-09-10
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Northwest Medical Center, Inc.
|
|
| Docket Date |
2015-08-28
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ 10 DAYS TO 09/10/15
|
| On Behalf Of |
Northwest Medical Center, Inc.
|
|
| Docket Date |
2015-08-04
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ SIX (6) VOLUMES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2015-08-03
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ 25 DAYS TO 08/31/15
|
| On Behalf Of |
Northwest Medical Center, Inc.
|
|
| Docket Date |
2015-06-11
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ 30 DAYS TO 08/05/15
|
| On Behalf Of |
Northwest Medical Center, Inc.
|
|
| Docket Date |
2015-06-09
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
JAMES D'AVIGNON
|
|
| Docket Date |
2015-06-09
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
|
| Docket Date |
2015-04-22
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2015-04-20
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
JAMES D'AVIGNON
|
|
| Docket Date |
2015-04-20
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
ALL ABOUT STAFFING, INC. VS JERI LYNN WALTERS, ETC., ET AL.
|
4D2013-3572
|
2013-09-30
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
11-13453 CA21
|
Parties
| Name |
ALL ABOUT STAFFING, INC.
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Marc Jason Schleier, ERIN GASKIN
|
|
| Name |
NORTHWEST MEDICAL CENTER, INC.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
JERI LYNN WALTERS
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
JAMES HALICZER (DNU), Paul R. Borr, Scott S. Liberman
|
|
| Name |
MICHAEL F. WALTERS
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
LINDA STERILE
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Hon. John J. Murphy , III
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2014-01-22
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed (No Record)
|
|
| Docket Date |
2013-12-12
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2013-12-12
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the notice of voluntary dismissal filed herein this petition is dismissed.
|
|
| Docket Date |
2013-12-06
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Motion For Voluntary Dismissal
|
| On Behalf Of |
ALL ABOUT STAFFING, INC.
|
|
| Docket Date |
2013-11-12
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Grant Stay ~ ORDERED that petitioner's motion to stay filed November 7, 2013, is hereby granted. The petition is stayed for forty-five (45) days to enable the parties to acquire approval of the settlement from the court, properly document their settlement and to submit the appropriate stipulation of dismissal.
|
|
| Docket Date |
2013-11-07
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay ~ *AND* NOTICE OF SETTLEMENT
|
| On Behalf Of |
ALL ABOUT STAFFING, INC.
|
|
| Docket Date |
2013-10-02
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
| On Behalf Of |
ALL ABOUT STAFFING, INC.
|
|
| Docket Date |
2013-09-30
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
| On Behalf Of |
ALL ABOUT STAFFING, INC.
|
|
| Docket Date |
2013-09-30
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Common Law Certiorari
|
| On Behalf Of |
ALL ABOUT STAFFING, INC.
|
|
| Docket Date |
2013-09-30
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
