RIVERSIDE MEDICAL ASSOCIATES, INC. a/a/o NORMADEL BURKE VS UNITED AUTOMOBILE INSURANCE COMPANY
|
4D2021-0068
|
2021-01-07
|
Closed
|
|
Classification |
NOA Final - County Civil - PIP
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE19-15388
County Court for the Seventeenth Judicial Circuit, Broward County
COCE04-010641
|
Parties
Name |
Normadel Burke
|
Role |
Appellant
|
Status |
Active
|
|
Name |
RIVERSIDE MEDICAL ASSOCIATES, INC.
|
Role |
Appellant
|
Status |
Active
|
Representations |
Henry A. Seiden
|
|
Name |
UNITED AUTOMOBILE INSURANCE COMPANY
|
Role |
Appellee
|
Status |
Active
|
Representations |
Sarah Hafeez, Russell Kolodziej, Thomas Lee Hunker
|
|
Name |
Clerk - Broward
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2021-03-24
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Clerk
|
|
Docket Date |
2021-03-24
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
ORD-Grant Voluntary Dismissal (Joint) ~ At the request of the parties, this case is dismissed.
|
|
Docket Date |
2021-03-23
|
Type |
Motions Other
|
Subtype |
Motion/Notice Voluntary Dismissal
|
Description |
Notice of Voluntary Dismissal ~ "JOINT"
|
On Behalf Of |
Riverside Medical Associates, Inc.
|
|
Docket Date |
2021-02-11
|
Type |
Notice
|
Subtype |
Notice of Supplemental Authority
|
Description |
Notice of Supplemental Authority
|
On Behalf Of |
United Automobile Insurance Company
|
|
Docket Date |
2021-01-19
|
Type |
Notice
|
Subtype |
Notice of Related Case or Issue
|
Description |
Notice of Similar Case Pending
|
On Behalf Of |
Riverside Medical Associates, Inc.
|
|
Docket Date |
2021-01-13
|
Type |
Notice
|
Subtype |
Notice of Related Case or Issue
|
Description |
Notice of Similar Case Pending
|
On Behalf Of |
United Automobile Insurance Company
|
|
Docket Date |
2021-01-08
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument
|
|
Docket Date |
2021-01-08
|
Type |
Order
|
Subtype |
Order
|
Description |
Related Case Order - Transfer ~ Upon consideration of the transfer of this case to this court from the circuit court, it is ORDERED that within ten (10) days from the date of this order, the parties shall: (1) ascertain whether there are any cases pending in this court, or any cases which are being transferred to this court from the circuit court, which are related to this case or raise same/similar issue(s); (2) if there are any related cases or cases which raise same/similar issue(s), file with this court a “Notice of Related Cases and/or Same or Similar Issues” which identifies those cases by district court and/or circuit court case number, states how those cases are related or contain same/similar issue(s) to this case, and addresses whether it would be appropriate for this court to consolidate those cases for all purposes or for purposes of assignment to the same panel; and (3) if there are no related cases or cases which raise same/similar issue(s), file a “Notice of Related Cases and/or Same or Similar Issues” which indicates that there are no related cases or cases with the same/similar issue(s).The parties may jointly file a single “Notice of Related Cases and/or Same or Similar Issues” in response to this order.
|
|
Docket Date |
2021-01-07
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
NF:Not Required
|
|
Docket Date |
2021-01-07
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records
|
|
Docket Date |
2021-01-07
|
Type |
Notice
|
Subtype |
Appeal Transfer Cover Sheet
|
Description |
Appeal Transfer Form
|
On Behalf Of |
Riverside Medical Associates, Inc.
|
|
Docket Date |
2021-01-07
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
|
UNITED AUTOMOBILE INSURANCE COMPANY VS RIVERSIDE MEDICAL ASSOCIATES, INC., etc., et al.
|
4D2018-2207
|
2018-07-23
|
Closed
|
|
Classification |
Original Proceedings - Circuit Civil - Certiorari
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
13-013358 CACE
|
Parties
Name |
UNITED AUTOMOBILE INSURANCE COMPANY
|
Role |
Petitioner
|
Status |
Active
|
Representations |
Michael J. Neimand
|
|
Name |
Normadel Burke
|
Role |
Appellee
|
Status |
Active
|
|
Name |
RIVERSIDE MEDICAL ASSOCIATES, INC.
|
Role |
Respondent
|
Status |
Active
|
Representations |
ERIC G. BELSKY, Henry A. Seiden
|
|
Name |
Hon. Martin J. Bidwill
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - Broward
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Name |
JAMES BAYLIS
|
Role |
Respondent
|
Status |
Active
|
|
Docket Entries
Docket Date |
2018-08-07
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Clerk
|
|
Docket Date |
2018-08-06
|
Type |
Motions Other
|
Subtype |
Motion/Notice Voluntary Dismissal
|
Description |
Notice of Voluntary Dismissal
|
On Behalf Of |
United Automobile Insurance Company
|
|
Docket Date |
2018-07-26
|
Type |
Record
|
Subtype |
Appendix to Petition
|
Description |
Appendix to Petition
|
On Behalf Of |
United Automobile Insurance Company
|
|
Docket Date |
2018-07-25
|
Type |
Notice
|
Subtype |
Notice of Related Case or Issue
|
Description |
Notice of Similar Case Pending
|
On Behalf Of |
Riverside Medical Associates, Inc.
|
|
Docket Date |
2018-07-25
|
Type |
Record
|
Subtype |
Appendix to Response
|
Description |
Appendix to Response
|
On Behalf Of |
Riverside Medical Associates, Inc.
|
|
Docket Date |
2018-07-25
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ IN OPPOSITION TO PETITIONER'S MOTION FOR EXTENSION OF TIME
|
On Behalf Of |
Riverside Medical Associates, Inc.
|
|
Docket Date |
2018-07-24
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Writ of Certiorari / Acknowledgment letter
|
|
Docket Date |
2018-07-23
|
Type |
Petition
|
Subtype |
Petition Certiorari
|
Description |
Petition for Certiorari Filed
|
On Behalf Of |
United Automobile Insurance Company
|
|
Docket Date |
2018-07-23
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time
|
Description |
Motion for Extension of Time ~ TO FILE APPENDIX
|
On Behalf Of |
United Automobile Insurance Company
|
|
Docket Date |
2018-07-23
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
Docket Date |
2018-08-07
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
Order Granting Voluntary Dismissal ~ Pursuant to the August 6, 2018 notice of voluntary dismissal, this case is dismissed.
|
|
Docket Date |
2018-07-31
|
Type |
Order
|
Subtype |
Show Cause re Petition
|
Description |
ORD-Writs Show Cause w/out Reply ~ ORDERED that, having considered the July 25, 2018 response to petitioner's motion for extension of time to file an appendix, petitioner shall file a response within five (5) days of this order and show cause why this petition should not be dismissed as untimely. Decktight Roofing Services, Inc. v. Amwest Sur. Ins., 841 So. 2d 667, 668 (Fla. 4th DCA 2003). The Court defers ruling on petitioner's request for extension of time.
|
|
|
UNITED AUTOMOBILE INSURANCE COMPANY VS RIVERSIDE MEDICAL ASSOCIATES, INC., et al
|
4D2018-1185
|
2018-04-16
|
Closed
|
|
Classification |
Original Proceedings - Circuit Civil - Certiorari
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
13-013358
|
Parties
Name |
UNITED AUTOMOBILE INSURANCE COMPANY
|
Role |
Petitioner
|
Status |
Active
|
Representations |
ERIC G. BELSKY, Michael J. Neimand
|
|
Name |
RIVERSIDE MEDICAL ASSOCIATES, INC.
|
Role |
Respondent
|
Status |
Active
|
Representations |
Henry A. Seiden
|
|
Name |
JAMES BAYLIS
|
Role |
Respondent
|
Status |
Active
|
|
Name |
Normadel Burke
|
Role |
Respondent
|
Status |
Active
|
|
Name |
Hon. Martin J. Bidwill
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - Broward
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2018-06-05
|
Type |
Response
|
Subtype |
Response
|
Description |
Response
|
On Behalf Of |
Riverside Medical Associates, Inc.
|
|
Docket Date |
2018-09-28
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2018-09-28
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2018-09-12
|
Type |
Disposition
|
Subtype |
Granted
|
Description |
Granted - Per Curiam Opinion
|
|
Docket Date |
2018-09-12
|
Type |
Order
|
Subtype |
Order on Motion For Attorney's Fees
|
Description |
Deny Attorney's Fees ~ ORDERED that the respondent, Riverside Medical Associates Inc.'s, June 5, 2018 motion for attorney's fees is denied.
|
|
Docket Date |
2018-08-15
|
Type |
Notice
|
Subtype |
Notice of Supplemental Authority
|
Description |
Notice of Supplemental Authority
|
On Behalf Of |
Riverside Medical Associates, Inc.
|
|
Docket Date |
2018-06-11
|
Type |
Response
|
Subtype |
Reply
|
Description |
Reply
|
On Behalf Of |
United Automobile Insurance Company
|
|
Docket Date |
2018-06-05
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees
|
On Behalf Of |
Riverside Medical Associates, Inc.
|
|
Docket Date |
2018-05-15
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to File Response
|
Description |
Grant EOT to file Response ~ ORDERED that respondent's unopposed May 10, 2018 motion for extension of time is granted. The time for filing a response to this Court's order to show cause is extended thirty (30) days from the date of this order; further,ORDERED that petitioner may file a reply within ten (10) days thereafter.
|
|
Docket Date |
2018-05-10
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to File Response
|
Description |
Motion for Extension of Time to File Response
|
On Behalf Of |
Riverside Medical Associates, Inc.
|
|
Docket Date |
2018-05-10
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Riverside Medical Associates, Inc.
|
|
Docket Date |
2018-04-23
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
United Automobile Insurance Company
|
|
Docket Date |
2018-04-20
|
Type |
Order
|
Subtype |
Show Cause re Petition
|
Description |
ORD-Writs Show Cause with Reply ~ ORDERED that respondent shall file a response within twenty (20) days and show cause why the petition should not be granted. Petitioner may file a reply within ten (10) days of service of the response.
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|
Docket Date |
2018-04-18
|
Type |
Record
|
Subtype |
Appendix to Petition
|
Description |
Appendix to Petition
|
On Behalf Of |
United Automobile Insurance Company
|
|
Docket Date |
2018-04-17
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Writ of Certiorari / Acknowledgment letter
|
|
Docket Date |
2018-04-17
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that the Petitioner's appendix to the Petition for Writ of Certiorari is stricken as not in compliance with Florida Rule of Appellate Procedure 9.220(c), which was amended effective October 1, 2017, in that it was not properly indexed and consecutively paginated, beginning with the cover sheet as page 1 and was not paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index. An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
|
|
Docket Date |
2018-04-16
|
Type |
Petition
|
Subtype |
Petition Certiorari
|
Description |
Petition for Certiorari Filed
|
On Behalf Of |
United Automobile Insurance Company
|
|
Docket Date |
2018-04-16
|
Type |
Record
|
Subtype |
Appendix to Petition
|
Description |
Appendix to Petition
|
On Behalf Of |
United Automobile Insurance Company
|
|
Docket Date |
2018-04-16
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
|
UNITED AUTOMOBLIE INSURANCE COMPANY VS RIVERSIDE MEDICAL ASSOCIATES, INC. and NORMADEL BURKE
|
4D2016-4362
|
2016-12-28
|
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 14-010344
|
Parties
Name |
UNITED AUTOMOBLIE INSURANCE COMPANY
|
Role |
Petitioner
|
Status |
Active
|
Representations |
Thomas Lee Hunker
|
|
Name |
Normadel Burke
|
Role |
Respondent
|
Status |
Active
|
|
Name |
RIVERSIDE MEDICAL ASSOCIATES, INC.
|
Role |
Respondent
|
Status |
Active
|
Representations |
Henry A. Seiden
|
|
Name |
Hon. Mily Rodriguez Powell
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - Broward
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2017-05-12
|
Type |
Disposition by Order
|
Subtype |
Denied
|
Description |
Order Denying Petition for Writ - Certiorari ~ ORDERED that the December 28, 2016 petition for writ of certiorari is denied; further, ORDERED that petitioner’s December 28, 2016 motion for appellate attorney’s fees is granted, conditioned on the trial court determining that it is entitled to attorney’s fees under section 768.79, Florida Statutes (2016), and if so, setting the amount of the attorney’s fees to be awarded for this appellate case. It 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; further, ORDERED that respondent’s January 9, 2017 motion for appellate attorney’s fees is granted, conditioned on the trial court determining that it is entitled to fees under section 768.736 and/or section 627.428, Florida Statutes (2016), and if so, setting the amount of the attorney’s fees to be awarded for the 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.TAYLOR, LEVINE and CONNER, JJ., concur.
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|
Docket Date |
2017-05-12
|
Type |
Disposition
|
Subtype |
Denied
|
Description |
Denied - Order by Judge
|
|
Docket Date |
2017-03-14
|
Type |
Response
|
Subtype |
Reply
|
Description |
Reply
|
On Behalf Of |
UNITED AUTOMOBLIE INSURANCE COMPANY
|
|
Docket Date |
2017-03-14
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Reply to Response
|
Description |
Grant EOT to Reply to Response ~ ORDERED that petitioner's February 28, 2017 motion for extension of time is granted. The reply was filed March 14, 2017.
|
|
Docket Date |
2017-02-28
|
Type |
Motions Extensions
|
Subtype |
Motion Extension of Time To Reply To Response
|
Description |
Motion Extension of TimeTo Reply To Response
|
On Behalf Of |
UNITED AUTOMOBLIE INSURANCE COMPANY
|
|
Docket Date |
2017-02-20
|
Type |
Response
|
Subtype |
Response
|
Description |
Response
|
On Behalf Of |
Riverside Medical Associates, Inc.
|
|
Docket Date |
2017-02-20
|
Type |
Record
|
Subtype |
Appendix to Response
|
Description |
Appendix to Response
|
On Behalf Of |
Riverside Medical Associates, Inc.
|
|
Docket Date |
2017-01-31
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to File Response
|
Description |
Grant EOT to file Response ~ ORDERED that respondent's January 25, 2017 motion for extension of time is granted, and the time for filing a response is extended to and including February 20, 2017; further,ORDERED that petitioner may file a reply within ten (10) days thereafter.
|
|
Docket Date |
2017-01-25
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to File Response
|
Description |
Motion for Extension of Time to File Response
|
On Behalf Of |
Riverside Medical Associates, Inc.
|
|
Docket Date |
2017-01-11
|
Type |
Order
|
Subtype |
Show Cause re Petition
|
Description |
ORD-Writs Show Cause with Reply ~ ORDERED that respondent shall file a response within twenty (20) days and show cause why the petition should not be granted. Petitioner may file a reply within ten (10) days of service of the response.
|
|
Docket Date |
2017-01-09
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ TO MOTION FOR ATTORNEY'S FEES.
|
On Behalf Of |
UNITED AUTOMOBLIE INSURANCE COMPANY
|
|
Docket Date |
2017-01-09
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees ~ **RESPONSE FILED 1/9/17**
|
On Behalf Of |
Riverside Medical Associates, Inc.
|
|
Docket Date |
2016-12-29
|
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 |
2016-12-29
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Writ of Certiorari / Acknowledgment letter
|
|
Docket Date |
2016-12-28
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees ~ **RESPONSE FILED 1/9/17**
|
On Behalf Of |
UNITED AUTOMOBLIE INSURANCE COMPANY
|
|
Docket Date |
2016-12-28
|
Type |
Petition
|
Subtype |
Petition Certiorari
|
Description |
Petition for Certiorari Filed
|
On Behalf Of |
UNITED AUTOMOBLIE INSURANCE COMPANY
|
|
Docket Date |
2016-12-28
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
Docket Date |
2016-12-28
|
Type |
Record
|
Subtype |
Appendix to Petition
|
Description |
Appendix to Petition
|
On Behalf Of |
UNITED AUTOMOBLIE INSURANCE COMPANY
|
|
|