| Docket Date |
2022-04-06
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken as Unauthorized ~ ORDERED sua sponte that appellant's April 5, 2022 reply to appellees’ response is stricken as unauthorized and as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that it is a computer-generated document which does not comply with the font requirements set forth in Rule 9.045(b). See Fla. R. App. P. 9.045(b) (“Computer-generated documents shall be filed in either Arial 14-point font or Bookman Old Style 14-point font.”).
|
|
| Docket Date |
2022-05-27
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2022-05-10
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2022-05-10
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing En Banc
|
| Description |
Order Denying Rehearing En Banc ~ ORDERED that appellant's April 12, 2022 motion for rehearing, rehearing en banc, and written opinion is denied.
|
|
| Docket Date |
2022-05-04
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
David B. Ross
|
|
| Docket Date |
2022-05-02
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Deny Miscellaneous Motion ~ ORDERED that appellant's April 12, 2022 “motion to remand case to lower court to determine Ross’ inability, due to COVID-19 restrictions, to comply with the lower court’s order of January 21, 2020, directing Ross to secure a trial date within sixty days thereof” is denied. Further,ORDERED that appellant’s April 28, 2022 reply to response is stricken as unauthorized.
|
|
| Docket Date |
2022-04-29
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Response ~ ***STRICKEN***
|
| On Behalf Of |
David B. Ross
|
|
| Docket Date |
2022-04-28
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time
|
| On Behalf Of |
David B. Ross
|
|
| Docket Date |
2022-04-28
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Response ~ ***STRICKEN***
|
| On Behalf Of |
David B. Ross
|
|
| Docket Date |
2022-04-18
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO APPELLANT'S MOTION FOR REMAND
|
| On Behalf Of |
Associates in Neurology, Inc.
|
|
| Docket Date |
2022-04-12
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Deny Extension of Time ~ ORDERED that appellant's April 7, 2022 “amended motion to extend time to file post opinion motions” is denied.
|
|
| Docket Date |
2022-04-12
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion for Rehearing / Rehearing En Banc
|
| On Behalf Of |
David B. Ross
|
|
| Docket Date |
2022-04-12
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ TO REMAND CASE TO LOWER COURT TO DETERMINEROSS' INABILITY, DUE TO COVID-19 RESTRICTIONS, TOCOMPLY WITH THE LOWER COURT'S ORDER OF JANUARY 21,2020, DIRECTING ROSS TO SECURE A TRIAL DATE WITHINSIXTY DAYS THEREOF
|
| On Behalf Of |
David B. Ross
|
|
| Docket Date |
2022-04-07
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ AMENDED MOTION TO EXTEND TIME TO FILE POST OPINION MOTIONS
|
| On Behalf Of |
David B. Ross
|
|
| Docket Date |
2022-04-07
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO APPELLANT'S AMENDED MOTION TO EXTEND TIME TO FILE POST OPINION MOTIONS
|
| On Behalf Of |
Associates in Neurology, Inc.
|
|
| Docket Date |
2022-04-05
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellees’ April 4, 2022 response is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that there is no certificate of service or the certificate of service does not comply in substance with the requirements of Florida Rule of General Practice and Judicial Administration 2.516(f).
|
|
| Docket Date |
2022-04-05
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Response ~ **STRICKEN**
|
| On Behalf Of |
David B. Ross
|
|
| Docket Date |
2022-04-04
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ **STRICKEN**
|
| On Behalf Of |
Associates in Neurology, Inc.
|
|
| Docket Date |
2022-04-01
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ **STRICKEN**
|
| On Behalf Of |
David B. Ross
|
|
| Docket Date |
2022-03-17
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2022-03-02
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ NOTICE OF COMPLIANCE
|
| On Behalf Of |
David B. Ross
|
|
| Docket Date |
2022-02-01
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Grant Stay ~ Upon consideration of appellant’s January 26, 2022 motions to stay and to supplement the record, it is ORDERED that this appeal is stayed for thirty (30) days. The appellant shall, within thirty (30) days of the date of this order, file a transcript of the hearing that occurred on November 14, 2016. No motions for extension will be entertained.
|
|
| Docket Date |
2022-01-26
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay
|
| On Behalf Of |
David B. Ross
|
|
| Docket Date |
2022-01-26
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice
|
| On Behalf Of |
David B. Ross
|
|
| Docket Date |
2022-01-26
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
David B. Ross
|
|
| Docket Date |
2022-01-26
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
David B. Ross
|
|
| Docket Date |
2022-01-25
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellant's January 24, 2022 motion to stay proceedings pending transcription of hearing before Judge Garcia-Wood of November 14, 2016 and January 24, 2022 response to January 14, 2022 order directing filing of transcript of hearing dated February 2, 2021 are stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that they are computer-generated documents which do not comply with the font requirements set forth in Rule 9.045(b). See Fla. R. App. P. 9.045(b) (“Computer-generated documents shall be filed in either Arial 14-point font or Bookman Old Style 14-point font.”). Amended documents in compliance with Rule 9.045 shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2022-01-24
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay ~ ***STRICKEN 1/25/22***
|
| On Behalf Of |
David B. Ross
|
|
| Docket Date |
2022-01-24
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ ***STRICKEN 1/25/22***
|
| On Behalf Of |
David B. Ross
|
|
| Docket Date |
2022-01-14
|
| Type |
Order
|
| Subtype |
Order to Transmit Record/Supplemental Record on Appeal
|
| Description |
Order Directing Party to File Supplemental ROA ~ ORDERED that the appellant shall supplement the record within five (5) days from the date of this order with the transcript of the hearing that occurred on or about February 2, 2021, which resulted in dismissal. Failure to do so may result in affirmance. See Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150 (Fla. 1979).
|
|
| Docket Date |
2022-01-10
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
David B. Ross
|
|
| Docket Date |
2021-12-10
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
David B. Ross
|
|
| Docket Date |
2021-12-07
|
| Type |
Order
|
| Subtype |
Order Dispensing with Oral Argument
|
| Description |
ORD-Dispensing Oral Argument ~ After reviewing the briefs, the court, pursuant to Florida Rule of Appellate Procedure 9.320, has dispensed with oral argument. The case will be submitted to a conference by a panel of the court.
|
|
| Docket Date |
2021-11-10
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
David B. Ross
|
|
| Docket Date |
2021-11-10
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
David B. Ross
|
|
| Docket Date |
2021-11-04
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken ~ ORDERED that appellant’s reply brief is stricken as not in compliance with Florida Rule of Judicial Administration 2.520(b) in that it is not searchable. An amended brief in compliance with the rules shall be filed within ten (10) days from the date of this order. The time for any responsive briefing shall be tolled until service of this amended brief. Further,ORDERED that appellant’s November 3, 2021 request for oral argument is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that there is no certificate of service or the certificate of service does not comply in substance with the requirements of Florida Rule of General Practice and Judicial Administration 2.516(f).
|
|
| Docket Date |
2021-11-03
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief ~ ***STRICKEN 11/4/21***
|
| On Behalf Of |
David B. Ross
|
|
| Docket Date |
2021-11-03
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument ~ ***STRICKEN 11/4/21***
|
| On Behalf Of |
David B. Ross
|
|
| Docket Date |
2021-11-02
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order Granting EOT for Appellant's Reply Brief ~ ORDERED that appellant's November 1, 2021 motion for extension of time is granted, and appellant shall serve the reply brief on or before November 3, 2021. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
|
| Docket Date |
2021-11-01
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief
|
| On Behalf Of |
David B. Ross
|
|
| Docket Date |
2021-09-30
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Associates in Neurology, Inc.
|
|
| Docket Date |
2021-09-30
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellees’ September 30, 2021 answer brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that there is no certificate of service or the certificate of service does not comply in substance with the requirements of Florida Rule of General Practice and Judicial Administration 2.516(f).
|
|
| Docket Date |
2021-09-09
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing
|
| On Behalf Of |
David B. Ross
|
|
| Docket Date |
2021-09-09
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
David B. Ross
|
|
| Docket Date |
2021-08-27
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORD-Initial Brief to be Served ~ ORDERED that appellant's August 26, 2021 motion for extension of time is granted, and appellant shall serve the initial brief on or before August 30, 2021. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case will be subject to dismissal or the court in its discretion may impose other sanctions. Appellant is advised that no further extensions will be granted absent a detailed explanation for why the initial brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant. Attorney workload does not constitute extraordinary circumstances which justifies a further extension of time.
|
|
| Docket Date |
2021-08-26
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
David B. Ross
|
|
| Docket Date |
2021-07-27
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Deny Motion to Supplement Record ~ Upon consideration of appellees’ July 22, 2021 response, it is ORDERED that appellant's June 18, 2021 motion to supplement the record is denied. Further, ORDERED that appellant's July 12, 2021 motion for extension of time to file the initial brief is denied. Appellant shall file the initial brief within thirty (30) days from the date of this order. Failure to comply with this order will result in dismissal of this appeal for lack of prosecution without further notice.
|
|
| Docket Date |
2021-07-22
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION TO SUPPLEMENT THE RECORD ON APPEAL
|
| On Behalf Of |
Associates in Neurology, Inc.
|
|
| Docket Date |
2021-07-16
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellee to File Response ~ ORDERED that appellees are directed to respond, within ten (10) days from the date of this order, to appellant’s June 18, 2021 motion to supplement the record on appeal.
|
|
| Docket Date |
2021-07-12
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
David B. Ross
|
|
| Docket Date |
2021-06-18
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellant's June 17, 2021 motion to supplement is stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that it is a computer-generated document which does not comply with the font requirements set forth in Rule 9.045(b). See Fla. R. App. P. 9.045(b) (“Computer-generated documents shall be filed in either Arial 14-point font or Bookman Old Style 14-point font.”). An amended document in compliance with Rule 9.045 shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2021-06-18
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
David B. Ross
|
|
| Docket Date |
2021-06-17
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record ~ ***STRICKEN 6/18/21***
|
| On Behalf Of |
David B. Ross
|
|
| Docket Date |
2021-05-17
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's May 13, 2021 motion for extension of time is granted, and appellant shall serve the initial brief on or before July 12, 2021. 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.
|
|
| Docket Date |
2021-05-13
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
David B. Ross
|
|
| Docket Date |
2021-05-12
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellant's May 11, 2021 motion for extension of time is stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that it is a computer-generated document which does not comply with the font requirements set forth in Rule 9.045(b). See Fla. R. App. P. 9.045(b) (“Computer-generated documents shall be filed in either Arial 14-point font or Bookman Old Style 14-point font.”). An amended document in compliance with Rule 9.045 shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2021-05-11
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ ***STRICKEN 5/12/21***
|
| On Behalf Of |
David B. Ross
|
|
| Docket Date |
2021-04-27
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order for Status Report Re: ROA ~ Upon consideration of the Affidavit of Non-Payment of Appeal Invoice filed by the clerk of the lower tribunal on April 16, 2021, appellant is ordered to file a report, within ten (10) days from the date of this order, as to the status of the payment for and preparation of the record on appeal.
|
|
| Docket Date |
2021-04-26
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 802 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2021-04-16
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit ~ OF NON-PAYMENT OF APPEAL INVOICE
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2021-03-05
|
| 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 |
2021-03-05
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2021-03-05
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
David B. Ross
|
|
| Docket Date |
2021-03-05
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
| On Behalf Of |
David B. Ross
|
|
