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Doc.
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Date Docketed
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Description
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Filed by
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Notes
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10/16/2015
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NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT)
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PT Alexis Cantore BY: PT Philip M. Burlington 285862
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10/21/2015
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ORDER-FILING FEE DUE
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The jurisdiction of this Court was invoked by the filing of a Notice to Invoke Discretionary Jurisdiction in the lower tribunal; however, said notice was not accompanied by the $300.00 filing fee or an order of insolvency from the district court of appeal as required by Florida Rules of Appellate Procedure 9.110(b) and 9.120(b). The filing fee is due and payable at the time of filing the notice. Petitioner is allowed to and including November 20, 2015, in which to submit the filing fee, or an order of insolvency, or a proper motion for leave to proceed in forma pauperis that complies with sections 57.081 and 57.082, Florida Statutes (2013). Failure to submit the filing fee or one of the above referenced documents to this Court could result in the imposition of sanctions, including dismissal of the notice.
Please understand that once this case is dismissed, it is not subject to reinstatement.
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10/21/2015
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ACKNOWLEDGMENT LETTER-NEW CASE
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Supreme Court Of Florida BY: Supreme Court Of Florida
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10/21/2015
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Filing Fee $300
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2015 - 1024928 Amount: $300
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10/21/2015
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Fee Paid In Full - $300
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10/22/2015
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MOTION-TOLL TIME
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PT Alexis Cantore BY: PT Andrew A. Harris 10061
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10/22/2015
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MOTION-EXT OF TIME (JURIS BRIEF)
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PT Alexis Cantore BY: PT Andrew A. Harris 10061
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10/27/2015
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ORDER-EXT OF TIME GR (JURIS BRIEF-PETITIONER)
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Petitioner's motion for extension of time is granted, and petitioner is allowed to and including November 16, 2015, in which to serve the brief on jurisdiction. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO PETITIONER FOR THE FILING OF THE JURISDICTIONAL BRIEF. All other times will be extended accordingly.
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11/09/2015
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MAIL RETURNED
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RS Variety Children'S Hospital BY: RS Susan L. Palmatier 39072
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ORDER DATED 10/27/2015
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11/16/2015
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JURIS INITIAL BRIEF
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PT Alexis Cantore BY: PT Andrew A. Harris 10061
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PETITIONERS' BRIEF ON JURISDICTION
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11/16/2015
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APPENDIX-JURIS BRIEF
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PT Alexis Cantore BY: PT Andrew A. Harris 10061
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APPENDIX TO PETITIONERS' BRIEF ON JURISDICTION
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12/04/2015
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MOTION-EXT OF TIME (JURIS BRIEF)
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RS West Boca Medical Center, Inc. BY: WE Michael Keith Mittelmark 791751
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12/04/2015
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MOTION-TOLL TIME
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RS West Boca Medical Center, Inc. BY: WE Michael Keith Mittelmark 791751
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12/04/2015
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MOTION-EXT OF TIME (JURIS BRIEF)
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RS Variety Children'S Hospital BY: RS Stephanie Lauren Varela 70989
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12/04/2015
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MOTION-TOLL TIME
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RS Variety Children'S Hospital BY: RS Stephanie Lauren Varela 70989
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12/07/2015
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ORDER-EXT OF TIME GR (JURIS BRIEF-RESPONDENT)
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Respondents' motions for extension of time are granted and respondents are allowed to and including January 4, 2016, in which to serve their jurisdictional answer briefs. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO RESPONDENTS FOR THE FILING OF THEIR JURISDICTIONAL ANSWER BRIEFS.
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01/04/2016
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JURIS ANSWER BRIEF
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RS West Boca Medical Center, Inc. BY: WE Michael Keith Mittelmark 791751
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JURISDICTIONAL ANSWER BRIEF OF RESPONDENT WEST BOCA MEDICAL CENTER, INC. D/B/A WEST BOCA MEDICAL CENTER
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01/04/2016
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APPENDIX-JURIS BRIEF
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RS West Boca Medical Center, Inc. BY: WE Michael Keith Mittelmark 791751
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APPENDIX TO RESPONDENTS' ANSWER BRIEF ON JURISDICTION
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01/04/2016
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JURIS ANSWER BRIEF
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RS Variety Children'S Hospital BY: RS Elliot H. Scherker 202304
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ANSWER BRIEF ON JURISDICTION OF
RESPONDENT VARIETY CHILDREN'S HOSPITAL,
d/b/a MIAMI CHILDREN'S HOSPITAL
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10/11/2016
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ORDER-NO REQ&BRIEF SCHED/JURIS ACCEPTED
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The Court accepts jurisdiction.
Petitioner's brief on the merits shall be served on or before October 31, 2016; respondent's brief on the merits shall be served twenty days after service of petitioner's brief on the merits; and petitioner's reply brief on the merits shall be served twenty days after service of respondent's brief on the merits.
The Clerk of the Fourth District Court of Appeal shall file the record which shall be properly indexed and paginated on or before December 12, 2016. The Clerk may provide the record in the format as currently maintained at the district court, either paper or electronic.
The Court dispenses with oral argument pursuant to Florida Rule of Appellate Procedure 9.320.
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10/14/2016
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RECORD/TRANSCRIPT
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Lonn Weissblum 498017 BY: Lonn Weissblum 498017
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Briefs
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10/14/2016
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RECORD/TRANSCRIPT
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Lonn Weissblum 498017 BY: Lonn Weissblum 498017
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Master Index
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10/14/2016
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RECORD/TRANSCRIPT
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Lonn Weissblum 498017 BY: Lonn Weissblum 498017
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Volume 13-31
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10/14/2016
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RECORD/TRANSCRIPT
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Lonn Weissblum 498017 BY: Lonn Weissblum 498017
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Volume 32-47
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10/14/2016
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TRANSCRIPT
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Lonn Weissblum 498017 BY: Lonn Weissblum 498017
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Volume 48-70
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10/14/2016
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TRANSCRIPT
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Lonn Weissblum 498017 BY: Lonn Weissblum 498017
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Volume 71-92
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10/14/2016
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EXHIBITS
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Lonn Weissblum 498017 BY: Lonn Weissblum 498017
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Electronically filed Exhibits 1-26; saved in T:\Records
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10/14/2016
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RECORD/TRANSCRIPT
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Lonn Weissblum 498017 BY: Lonn Weissblum 498017
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Record on Appeal Volume 1-4
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10/14/2016
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SUPP RECORD/TRANSCRIPT
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Lonn Weissblum 498017 BY: Lonn Weissblum 498017
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Supplemental Record on Appeal
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10/14/2016
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SUPP RECORD/TRANSCRIPT
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Lonn Weissblum 498017 BY: Lonn Weissblum 498017
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Supplemental Volume 93-94
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10/14/2016
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EXHIBITS
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Lonn Weissblum 498017 BY: Lonn Weissblum 498017
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Electronically filed Exhibits 27-59, saved in T:\Records
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10/14/2016
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RECORD/TRANSCRIPT
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Lonn Weissblum 498017 BY: Lonn Weissblum 498017
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Volume 1-12
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10/31/2016
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MOTION-TOLL TIME
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PT Alexis Cantore BY: PT Philip M. Burlington 285862
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10/31/2016
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MOTION-EXT OF TIME (INITIAL BRIEF-MERITS)
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PT Alexis Cantore BY: PT Philip M. Burlington 285862
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11/01/2016
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ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS)
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Petitioner's motion for extension of time is granted and petitioner is allowed to and including December 1, 2016, 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.
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12/01/2016
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INITIAL BRIEF-MERITS
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PT Alexis Cantore BY: PT Andrew A. Harris 10061
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12/01/2016
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APPENDIX-MERIT BRIEF
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PT Alexis Cantore BY: PT Andrew A. Harris 10061
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12/01/2016
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MOTION-ATTORNEYS FEES
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PT Alexis Cantore BY: PT Andrew A. Harris 10061
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12/02/2016
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ORDER-DISMISSAL RE: FAILURE TO COMPLY
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In reviewing our records, we note that your case is subject to dismissal for failure to comply with this Court's direction. See Fla. R. App. P. 9.410.
We have not received the initial brief on the merits in accordance with this Court's order dated November 11, 2016. Failure to file the above referenced documents with this Court within 5 days from the date of this order could result in the imposition of sanctions, including dismissal of the notice to invoke discretionary jurisdiction.
Please understand that once this case is dismissed, it may not be subject to reinstatement.
*Vacated 12/2/2016*
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12/02/2016
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ORDER-VACATE
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The order of this Court dated December 2, 2016, citing failure to file the initial brief on the merits is hereby vacated.
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12/02/2016
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MOTION-ATTORNEYS FEES
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PT Alexis Cantore BY: PT Andrew A. Harris 10061
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AMENDED MOTION
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12/14/2016
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MOTION-EXT OF TIME (ANSWER BRIEF-MERITS)
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RS Variety Children'S Hospital BY: RS Elliot H. Scherker 202304
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RESPONDENT VARIETY CHILDREN'S HOSPITAL
d/b/a MIAMI CHILDREN'S HOSPITAL'S UNOPPOSED MOTIONS FOR EXTENSION OF TIME TO SERVE ANSWER BRIEF AND TO SERVE RESPONSE TO PETITIONERS'
MOTION FOR APPELLATE ATTORNEYS' FEES
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12/14/2016
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MOTION-TOLL TIME
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RS Variety Children'S Hospital BY: RS Elliot H. Scherker 202304
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12/15/2016
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MOTION-EXT OF TIME (ANSWER BRIEF-MERITS)
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RS West Boca Medical Center, Inc. BY: WE Michael Keith Mittelmark 791751
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RESPONDENT, WEST BOCA MEDICAL CENTER, INC. D/B/A WEST BOCA MEDICAL CENTER'S, MOTION FOR EXTENSION OF TIME TO SERVE ANSWER BRIEF ON THE MERITS AND RESONSE TO PETITIONERS' MOTION FOR APPELLATE ATTORNEY FEES
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12/15/2016
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MOTION-TOLL TIME
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RS West Boca Medical Center, Inc. BY: WE Michael Keith Mittelmark 791751
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12/15/2016
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ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS)
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Respondent Variety Children's Hospital d/b/a Miami Children's Hospital's motion for extension of time is granted, and respondent is allowed to and including January 26, 2017, in which to serve the answer brief on the merits and the response to petitioner's motion for attorney's fees. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO RESPONDENT FOR THE FILING OF THE ANSWER BRIEF ON THE MERITS. All other times will be extended accordingly.
*Corrected 12/16/16*
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12/15/2016
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ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS)
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Respondent, West Boca Medical Center, Inc. d/b/a West Boca Medical Center's, motion for extension of time is granted, and respondent is allowed to and including January 26, 2017, in which to serve the answer brief on the merits and the response to the petitioner's motion for attorney's fees. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO RESPONDENT FOR THE FILING OF THE ANSWER BRIEF ON THE MERITS. All other times will be extended accordingly.
*Corrected 12/16/16*
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01/24/2017
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MOTION-EXT OF TIME (ANSWER BRIEF-MERITS)
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RS Variety Children'S Hospital BY: RS Elliot H. Scherker 202304
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RESPONDENT VARIETY CHILDREN'S HOSPITAL d/b/a MIAMI CHILDREN'S HOSPITAL'S UNOPPOSED MOTIONS FOR EXTENSION OF TIME TO SERVE ANSWER BRIEF AND RESPONSE TO PETITIONERS' MOTION FOR APPELLATE ATTORNEYS' FEES
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01/24/2017
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MOTION-TOLL TIME
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RS Variety Children'S Hospital BY: RS Elliot H. Scherker 202304
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RESPONDENT VARIETY CHILDREN'S HOSPITAL
d/b/a MIAMI CHILDREN'S HOSPITAL'S MOTION TO TOLL BRIEFING AND RESPONSE SCHEDULE PENDING DISPOSITION OF ITS UNOPPOSED MOTIONS FOR EXTENSION OF TIME TO SERVE ANSWER BRIEF AND RESPONSE TO PETITIONERS'
MOTION FOR APPELLATE ATTORNEYS' FEES
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01/24/2017
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MOTION-EXT OF TIME (ANSWER BRIEF-MERITS)
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RS West Boca Medical Center, Inc. BY: WE Michael Keith Mittelmark 791751
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RESPONDENT WEST BOCA MEDICAL CENTER INC. D/B/A WEST BOCA MEDICAL CENTER'S UNOPPOSED MOTION FOR EXTENSION OF TIME TO SERVE ANSWER BRIEF ON THE MERITS AND RESPONSE TO PETITIONERS' MOTION FOR APPELLATE ATTORNEYS' FEES
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01/24/2017
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MOTION-TOLL TIME
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RS West Boca Medical Center, Inc. BY: WE Michael Keith Mittelmark 791751
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RESPONDENT, WEST BOCA MEDICAL CENTER, INC. D/B/A WEST BOCA MEDICAL CENTER'S, MOTION TO TOLL TIME FOR SERVING ANSWER BRIEF ON THE MERITS AND RESONSE TO PETITIONERS' MOTION FOR APPELLATE ATTORNEY FEES PENDING DISPOSITION OF MOTION FOR EXTENSION OF TIME
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01/24/2017
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ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS)
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Respondent Variety Children's Hospital d/b/a Miami Children's Hospital's Unopposed Motions for Extension of Time to Serve Answer Brief and Response to Petitioners' Motion for Appellate Attorneys' Fees is granted, and respondent is allowed to and including February 6, 2017, in which to serve the answer brief on the merits and the response to petitioners' motion for appellate attorneys' fees. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO RESPONDENT FOR THE FILING OF THE ANSWER BRIEF ON THE MERITS. All other times will be extended accordingly.
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01/24/2017
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ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS)
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Respondent West Boca Medical Center Inc., d/b/a West Boca Medical Center's Unopposed Motion for Extension of Time to Serve Answer Brief on the Merits and Response to Petitioners' Motion for Appellate Attorneys' Fees is granted, and respondent is allowed to and including February 6, 2017, in which to serve the answer brief on the merits and response to petitioners' motion for appellate attorneys' fees. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO RESPONDENT FOR THE FILING OF THE ANSWER BRIEF ON THE MERITS. All other times will be extended accordingly.
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02/06/2017
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ANSWER BRIEF-MERITS
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RS West Boca Medical Center, Inc. BY: WE Michael Keith Mittelmark 791751
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ANSWER BRIEF ON THE MERITS OF RESPONDENT,WEST BOCA MEDICAL CENTER, INC. D/B/A WEST BOCA MEDICAL CENTER
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02/06/2017
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RESPONSE
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RS West Boca Medical Center, Inc. BY: WE Michael Keith Mittelmark 791751
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RESPONDENT, WEST BOCA MEDICAL CENTER, INC. D/B/A WEST BOCA MEDICAL CENTER'S RESPONSE TO PETITIONERS' MOTION FOR APPELLATE ATTORNEYS' FEES
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02/06/2017
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ANSWER BRIEF-MERITS
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RS Variety Children'S Hospital BY: RS Elliot H. Scherker 202304
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ANSWER BRIEF OF RESPONDENT VARIETY CHILDREN'S HOSPITAL,
d/b/a MIAMI CHILDREN'S HOSPITAL
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02/06/2017
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RESPONSE
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RS Variety Children'S Hospital BY: RS Elliot H. Scherker 202304
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RESPONDENT VARIETY CHILDREN'S HOSPITAL
d/b/a MIAMI CHILDREN'S HOSPITAL'S RESPONSE TO
PETITIONERS' MOTION FOR APPELLATE ATTORNEYS' FEES
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02/27/2017
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MOTION-EXT OF TIME (REPLY BRIEF-MERITS)
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PT Alexis Cantore BY: PT Philip M. Burlington 285862
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02/27/2017
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MOTION-TOLL TIME
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PT Alexis Cantore BY: PT Philip M. Burlington 285862
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03/01/2017
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ORDER-EXT OF TIME GR (REPLY BRIEF-MERITS)
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Petitioner's motion for extension of time is granted and petitioner is allowed to and including March 23, 2017, in which to serve the reply brief on the merits. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.
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03/20/2017
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MOTION-BRIEF PAGE ENLARGEMENT
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PT Alexis Cantore BY: PT Andrew A. Harris 10061
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03/21/2017
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ORDER-BRIEF PAGE ENLARGEMENT GR
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Petitioner's "Agreed Motion to File Overlength Consolidated Reply Brief" is hereby granted.
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03/23/2017
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REPLY BRIEF-MERITS
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PT Alexis Cantore BY: PT Andrew A. Harris 10061
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12/06/2017
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MOTION-COUNS SUBSTITUTION STIPULATION
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12/07/2017
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ORDER-COUNS SUBSTITUTION STIPULATION GR
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The stipulation for substitution of counsel as attorney of record is hereby approved by this Court and Billing, Cochran, Lyles, Mauro, & Ramsey, P.A., is hereby substituted as counsel of record for respondent West Boca Medical Center, Inc.
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04/26/2018
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ORDER-ATTY FEES GR (COND OFFER SETTLE – M/O)
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Petitioners' motion for attorney's fees is provisionally granted in an amount to be determined by the trial court, conditioned on the trial court's determination, at the conclusion of the case, that under Florida Rule of Civil Procedure 1.442, petitioners are entitled to attorney's fees pursuant to a proposal for settlement.
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04/26/2018
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DISP-QUASHED & REMANDED
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FSC-OPINION: For the foregoing reasons, Dr. Sandberg's testimony about how he would have treated Alexis had she arrived at MCH earlier was inadmissible and cannot be considered harmless error. Accordingly, we quash the Fourth District's decision in Cantore, reverse the judgment in favor of WBMC and MCH, and remand for a new trial. It is so ordered. ***CORRECTED OPINION ISSUED ON APRIL 30, 2018; SECOND CORRECTED OPINION ISSUED ON AUGUST 30, 2018.***
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04/30/2018
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WEST CORRESPONDENCE
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ATTENTION: ALL PUBLISHERS
THE FOLLOWING CORRECTION HAS BEEN MADE IN THE ABOVE OPINION:
On the third line of page 6, "practice" has been changed to "malpractice."
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05/10/2018
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MOTION-REHEARING
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RS Variety Children'S Hospital BY: RS Elliot H. Scherker 202304
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RESPONDENT MIAMI CHILDREN'S HOSPITAL'S
MOTION FOR REHEARING
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05/11/2018
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MOTION-REHEARING
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RS West Boca Medical Center, Inc. BY: RS Donna M. Krusbe 975631
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RESPONDENT WEST BOCA MEDICAL CENTER, INC.'S
MOTION FOR REHEARING
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05/25/2018
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RESPONSE
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PT Alexis Cantore BY: PT Andrew A. Harris 10061
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RESPONSE TO RESPONDENTS' MOTIONS FOR REHEARING
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06/11/2018
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MOTION-REPLY FILING TO RESPONSE
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RS Variety Children'S Hospital BY: RS Elliot H. Scherker 202304
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RESPONDENT MIAMI CHILDREN'S HOSPITAL'S MOTION FOR LEAVE TO FILE REPLY TO PETITIONERS' RESPONSE TO MOTIONS FOR REHEARING
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06/11/2018
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REPLY TO RESPONSE
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RS Variety Children'S Hospital BY: RS Elliot H. Scherker 202304
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RESPONDENT MIAMI CHILDREN'S HOSPITAL'S REPLY TO
RESPONSE TO RESPONDENTS' MOTIONS FOR REHEARING
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06/14/2018
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RESPONSE
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PT Alexis Cantore BY: PT Andrew A. Harris 10061
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RESPONSE IN OPPOSITION TO RESPONDENT MIAMI CHILDREN'S HOSPITAL'S MOTION FOR LEAVE TO FILE REPLY
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06/18/2018
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ORDER-REPLY TO RESPONSE FILING GR
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Respondent Variety Children's Hospital d/b/a Miami Children's Hospital's motion to file reply to response to motion for rehearing is granted and said reply was filed with this Court on June 11, 2018.
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06/25/2018
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DISP-REHEARING DY
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Respondents' Motions for Rehearing is hereby denied.
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07/19/2018
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MANDATE
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08/30/2018
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WEST CORRESPONDENCE
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ATTENTION: ALL PUBLISHERS THE FOLLOWING CORRECTION HAS BEEN MADE IN THE ABOVE OPINION: On the fifth line up from the bottom of page 21, the word "involve[e]" has been changed to "involv[e]" in the quoted text.
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08/31/2018
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PUBLISH FULL
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