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Doc. Date Docketed Description Filed by Notes
04/06/2006 NOTICE-DISCRETIONARY JURIS (CERT GPI) CP Florida Hospital Waterman Inc. BY: CP Arthur J. England, Jr. 22730
04/13/2006 NOTICE-DISCRETIONARY JURIS (CROSS) CR Teresa M. Buster BY: CR Christopher V. Carlyle 991007
04/21/2006 Filing Fee $300 2006 - 1003921 Amount: $300
04/21/2006 Fee Paid In Full - $300
05/05/2006 ORDER-JURIS ACCEPT/BRIEF SCHED (OA LATER DATE) The Court accepts jurisdiction of this case. Oral argument will be set by separate order. Counsel for the parties will be notified of the oral argument date approximately sixty (60) days prior to oral argument. Petitioner/Cross-Respondent's initial brief on the merits shall be served on or before May 30, 2006; respondent/cross-petitioner's answer/cross-initial brief on the merits shall be served twenty (20) days after service of petitioner/cross-respondent's initial brief on the merits; petitioner/cross-respondent's reply/cross-answer brief on the merits shall be served twenty (20) days after service of respondent's brief on the merits; and respondent/cross-petitioner's cross-reply brief on the merits shall be served (20) days after service of petitioner/cross-respondent's reply/cross-answer brief on the merits. Please file an original and seven (7) copies of all briefs. The Clerk of the Fifth District Court of Appeal shall file the original record which shall be properly indexed and paginated on or before July 5, 2006. The record shall include the briefs filed in the district court separately indexed.
05/17/2006 NOTICE-JOINDER CP Jeffery B. Keller, M.D. BY: PT Pierre Joseph Seacord 796050 by JEFFREY B. KELLER, M.D. and KELLER & GOODMAN, M.D., P.A.
05/18/2006 MOTION-AMICUS CURIAE MP Florida Hospital Association BY: MP Stephen H Grimes 32005 (O&1)
05/18/2006 MOTION-EXT OF TIME (INITIAL BRIEF-MERITS) CP Florida Hospital Waterman Inc. BY: CP Arthur J. England, Jr. 22730 (O&7) FILED AS: "NOTICE OF RELATED CASE, AGREED MOTION FOR EXTENSION OF TIME TO SERVE INITIAL BRIEF, & MOTION TO TOLL PRESENT BRIEFING DUE DATE"
05/19/2006 ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS) Upon consideration of Petitioner Florida Hospital Waterman, Inc.'s Notice Of Related Case, Agreed Motion For Extension Of Time To Serve Initial Brief, and Motion To Toll Present Briefing Due Date, it is ordered that the motion for extension of time is granted and petitioner is allowed to and including June 29, 2006, in which to serve the initial brief on the merits. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO PETITIONER FOR THE FILING OF THE INITIAL BRIEF ON THE MERITS. All other times will be extended accordingly.
05/19/2006 ORDER-AMICUS CURIAE GR The motion for leave to file brief as amicus curiae filed by Florida Hospital Association, Inc. is hereby granted and they are allowed to file brief only in support of petitioners. The brief by the above referenced amicus curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
06/02/2006 MOTION-AMICUS CURIAE MP Fl. Defense Lawyers Associati BY: MP Gail Leverett Parenti 380164
06/06/2006 NOTICE CP Florida Hospital BY: CP Arthur J. England, Jr. 22730 OF UNAVAILABILITY FOR ARTHUR J. ENGLAND FROM 6/13/06 - 6/30/06
06/07/2006 ORDER-AMICUS CURIAE GR The motion for leave to file brief as amicus curiae filed by Florida Defense Lawyers Association ("FDLA") is hereby granted and they are allowed to file brief only in support of petitioner. The brief by the above referenced amicus curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
06/09/2006 NOTICE-ADDRESS CHANGE CR Teresa M. Buster BY: CR Christopher V. Carlyle 991007 (THE CARLYLE APPELLATE LAW FIRM)
06/16/2006 MOTION-AMICUS CURIAE NPAC Florida Patient Safety Corporation, Inc. BY: NPAC James M. Barclay 114183 (07/05/06 - AMENDED MOTION FILED)
06/30/2006 INITIAL BRIEF-MERITS CP Florida Hospital BY: CP Arthur J. England, Jr. 22730 W/APPENDIX (O&7 & E-MAIL)
06/30/2006 AMICUS CURIAE INITIAL BRIEF-MERITS MP Fl. Defense Lawyers Associati BY: MP Gail Leverett Parenti 380164 (O&8 & E-MAIL)
06/30/2006 REQUEST-ORAL ARGUMENT CP Florida Hospital BY: CP Arthur J. England, Jr. 22730
07/05/2006 AMICUS CURIAE INITIAL BRIEF-MERITS MP Florida Hospital Association BY: MP Stephen H Grimes 32005 (O&7 & E-MAIL) (TOO LONG)
07/05/2006 AMICUS CURIAE INITIAL BRIEF-MERITS NPAC Florida Patient Safety Corporation, Inc. BY: NPAC James M. Barclay 114183 W/APPENDIX (O&7 & E-MAIL)
07/06/2006 RECORD/TRANSCRIPT Hon. Susan Wright, Clerk BY: Hon. Susan Wright, Clerk (1 VOLUME OF BRIEFS & 2 VOLUMES OF RECORD)
07/07/2006 ORDER-BRIEF STRICKEN (NON-COMPLIANCE) The brief of amicus curiae Florida Hospital Association, Inc., which was filed with this Court on July 5, 2006, does not comply with Florida Rule of Appellate Procedure 9.370(b) and is hereby stricken. Florida Hospital Association, Inc. is hereby directed, on or before July 27, 2006, to serve an original and seven (7) copies of an amended brief which does not exceed twenty (20) pages in length.
07/10/2006 MOTION-EXT OF TIME (ANSWER BRIEF-MERITS) CR Teresa M. Buster BY: CR Christopher V. Carlyle 991007
07/20/2006 ORDER-AMICUS CURIAE GR The motion for leave to file brief as amicus curiae and amendment thereto, filed by Florida Patient Safety Corporation, Inc. is hereby granted and they are allowed to file brief as a neutral party on behalf of all patients in Florida in the interest of patient safety. The brief by the above referenced amicus curiae was filed with this Court on July 5, 2006.
07/24/2006 AMICUS CURIAE INITIAL AMD BRIEF-MERITS MP Florida Hospital Association BY: MP Stephen H Grimes 32005 (O&7 & E-MAIL) (CERTIFICATE OF SERVICE DOES NOT SERVE GAIL LEVERETT PARIENTI, A. BOLIN, OR J. BARCLAY)
07/25/2006 CERTIFICATE OF SERVICE (AMD) MP Florida Hospital Association BY: MP Stephen H. Grimes 0032005 (O&7) (FOR AMICUS BRIEF FILED 7/24/06)
08/04/2006 ORDER-EXT OF TIME DY (ANSWER BRIEF-MERITS) In light of this Court's order dated July 7, 2006, striking amicus curiae Florida Hospital Association, Inc.'s brief, it is ordered that respondents' motion for extension of time to serve the answer brief on the merits which, was filed with this court on July 10, 2006, is hereby denied as moot. All times have been extended accordingly.
08/21/2006 ANSWER/CROSS INITIAL BRIEF-MERITS CR Teresa M. Buster BY: CR Christopher V. Carlyle 991007 (O&7 & E-MAIL)
08/28/2006 MOTION-AMICUS CURIAE MR Floridians For Patient Protection BY: MR Philip M. Burlington 285862 O&7
08/28/2006 MOTION-AMICUS CURIAE MR Florida Justice Association BY: MR Paul D. Jess 348082 O&7
08/28/2006 AMICUS CURIAE ANSWER BRIEF-MERITS MR Florida Justice Association BY: MR Paul D. Jess 348082 O&7 & E-MAIL
08/28/2006 AMICUS CURIAE ANSWER BRIEF-MERITS MR Floridians For Patient Protection BY: MR Philip M. Burlington 285862 O&7 & E-MAIL
09/05/2006 ORDER-AMICUS CURIAE GR The motion for leave to file brief as amicus curiae filed by Floridians for Patient Protection, Inc. is hereby granted and they are allowed to file brief only in support of respondents. The brief by the above referenced amicus curiae was filed with this Court on August 28, 2006. The motion for leave to file brief as amicus curiae filed by the Academy of Florida Trial Lawyers is hereby granted and they are allowed to file brief only in support of respondents. The brief by the above referenced amicus curiae was filed with this Court on August 28, 2006.
09/12/2006 MOTION-AMICUS CURIAE DA2 Semmelweis Society, International , BY: DA2 Eric N Grosch (NOT SIGNED BY FL. ATTY.)
09/13/2006 REPLY/CROSS ANSWER BRIEF-MERITS CP Florida Hospital BY: CP Arthur J. England, Jr. 22730 (O&7) (CERT OF SERVISE IS NOT DATED AND DOES NOT SERVE JAMES BARCLAY OR PAUL D. JESS)
09/14/2006 CERTIFICATE OF SERVICE (AMD) CP Florida Hospital Waterman Inc. BY: PT Arthur J. England, Jr. 0022730 FOR REPLY BRIEF ON THE MERITS FILED 09/13/06 (O&7)
09/14/2006 ORDER-AMICUS CURIAE DY The Motion for Leave to File Amicus Curiae Brief filed in the above cause by Ralph Bard, M.D., J.D., and Eric N. Grosch, M.D., on behalf of Semmelweis Society, International is hereby denied as untimely.
09/14/2006 RESPONSE CP Florida Hospital Waterman Inc. BY: CP Arthur J. England, Jr. 22730 (O&7) IN OPPOSITION TO MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF FILED ON BEHALF OF SEMMELWEIS SOCIETY, INTERNATIONAL
09/19/2006 SUPPLEMENT DA2 Semmelweis Society, International , BY: DA2 Eric N Grosch FILED AS: "SUPPLEMENTARY MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF IN ANSWER TO PETITIONER'S RESPONSE IN OPPOSITION TO PRIOR MOTION FOR THE SAME REASON"
11/13/2006 NOTICE-SUPPLEMENTAL AUTHORITY MR Floridians For Patient Protection BY: MR Philip M. Burlington 285862 (O&7)
01/12/2007 NOTICE-SUPPLEMENTAL AUTHORITY CR Teresa M. Buster BY: CR Christopher V. Carlyle 991007 (O&7) (CERT OF SERVICE DOES NOT SERVE PAUL JESS)
01/16/2007 CERTIFICATE OF SERVICE (AMD) CR Teresa M. Buster BY: RS Christopher V. Carlyle 991007
01/23/2007 ORDER-OA SCHED (PREV ACCEPTED) The above cases are hereby consolidated for the purpose of oral argument and scheduled for argument at 9:00 a.m., Thursday, May 10, 2007. A maximum of twenty minutes to the side as consolidated is allowed for the argument, but counsel is expected to use only so much of that time as is necessary.
01/25/2007 MOTION-ORAL ARGUMENT RESCHEDULE Steven J. Wisotsky 130838 BY: Steven J. Wisotsky 130838 FILED AS LETTER DATED JANUARY 24, 2007
01/26/2007 ORAL ARGUMENT CALENDAR
01/26/2007 ORDER-ORAL ARGUMENT RESCHEDULE GR Notami Hospital of Florida, Inc.'s counsel's letter filed in this Court on January 25, 2007, has been treated as a motion to reschedule oral argument and is hereby granted. The above cases which were scheduled for oral argument on May 10, 2007, have been rescheduled for oral argument at 9:00 a.m. Thursday, June 7, 2007. A maximum of twenty minutes to the side as consolidated is allowed for the argument, but counsel is expected to use only so much of that time as is necessary.
01/26/2007 NOTICE-ADDRESS CHANGE CP Florida Hospital BY: CP Jack E. Holt, Iii 909300
04/12/2007 MOTION-OTHER SUBSTANTIVE CP Florida Hospital Waterman Inc. BY: CP Arthur J. England, Jr. 22730 FILED AS "JOINT MOTION FOR ENLARGEMENT OF TIME FOR ORAL ARGUMENT" (O&7)
04/18/2007 ORDER-OTHER SUBSTANTIVE GR Florida Hospital Waterman and Notami Hospital of Florida's joint motion for enlargement of oral argument time is hereby granted. A maxiumum of thirty minutes to the side as consolidated is allowed, but counsel is expected to use only so much of that time as is necessary.
05/02/2007 NOTICE-SUPPLEMENTAL AUTHORITY CR Teresa M. Buster BY: CR Christopher V. Carlyle 991007 O&7 (CERT OF SERVICE DOES NOT SERVE PAUL D. JESS)
05/04/2007 CERTIFICATE OF SERVICE (AMD) CR Teresa M. Buster BY: CR Christopher V. Carlyle 991007 FOR RESP'S NOTICE OF SUPPL AUTHORITY
06/01/2007 NOTICE-SUPPLEMENTAL AUTHORITY CP Florida Hospital Waterman Inc. BY: CP Arthur J. England, Jr. 22730 O&7
06/05/2007 NOTICE-SUPPLEMENTAL AUTHORITY CP Florida Hospital Waterman Inc. BY: CP Arthur J. England, Jr. 22730 O&7
06/05/2007 NOTICE-SUPPLEMENTAL AUTHORITY CP Florida Hospital Waterman Inc. BY: CP Arthur J. England, Jr. 22730 O&7
06/07/2007 ORAL ARGUMENT HELD
06/29/2007 NOTICE-SUPPLEMENTAL AUTHORITY CR Teresa M. Buster BY: CR Christopher V. Carlyle 991007 O&7
07/06/2007 NOTICE-SUPPLEMENTAL AUTHORITY CP Florida Hospital Waterman Inc. BY: CP Arthur J. England, Jr. 22730 O&7
03/06/2008 DISP-APPROVED IN PART We affirm the First District's decision in Notami Hospital; we approve in part and quash in part the decision of the Fifth District in Buster and remand for further proceedings in accord herewith.
03/11/2008 MAIL RETURNED MASON H. GROWER, III - OPINION; (03/13/2008 - REMAILED TO CORRECT ADDRESS)
03/24/2008 MOTION-REHEARING CP Florida Hospital Waterman Inc. BY: CP Arthur J. England, Jr. 22730 (RC) FILED AS "FLORIDA HOSPITAL WATERMAN'S MOTION FOR CLARIFICATION AND REHEARING" (O&7)
04/04/2008 MOTION-EXT OF TIME (RESPONSE) CR Teresa M. Buster BY: CR Christopher V. Carlyle 991007 FILED AS "UNOPPOSED MOTION FOR EXTENSION OF TIME TO SERVE RESPONDENT'S RESPONSE TO MOTION FOR CLARIFICATION AND REHEARING"
04/09/2008 RESPONSE CR Teresa M. Buster BY: CR Christopher V. Carlyle 991007 (O&7) FILED AS "RESPONDENT'S, TERESA M. BUSTER'S, RESPONSE TO MOTION FOR CLARIFICATION AND REHEARING"
04/14/2008 ORDER-EXT OF TIME GR (RESPONSE) Respondent/Cross-Petitioner Teresa M. Buster's Motion for Extension of Time to Serve Respondent's Response to Motion for Clarification and Rehearing is granted and said response was filed with this Court on April 9, 2008.
04/23/2008 MAIL RETURNED CP Florida Hospital Waterman Inc. (ORDER DATED 04/14/2008) (RETURNED; NOT DELIVERABLE AS ADDRESSED; UNABLE TO FORWARD) (04/25/2008: CALLED OFFICE TO GET CURRENT ADDRESS; FORWARDED TO NEW ADDRESS)
05/12/2008 DISP-REHEARING DY Petitioner Florida Hospital Waterman, Inc.'s "Motion for Clarification and Rehearing" is hereby denied. (RC)
06/26/2008 MANDATE CC: COUNSEL
06/26/2008 RECORD/TRANSCRIPT RETURNED Hon. Susan Wright, Clerk BY: Hon. Susan Wright, Clerk 1 VOLUME OF BRIEFS & 2 VOLUMES OF RECORD
07/17/2008 ARCHIVES