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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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12/11/2015
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NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT)
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PT Simon Dockswell BY: PT Geoffrey B. Marks 714860
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12/15/2015
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Fee Paid In Full - $300
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12/15/2015
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Filing Fee $300
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2015 - 1025245 Amount: $300
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12/15/2015
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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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12/17/2015
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MOTION-EXT OF TIME (JURIS BRIEF)
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PT Simon Dockswell BY: PT Geoffrey B. Marks 714860
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12/17/2015
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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 January 11, 2016, 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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01/11/2016
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APPENDIX-JURIS BRIEF
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PT Simon Dockswell BY: PT Geoffrey B. Marks 714860
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01/11/2016
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JURIS INITIAL BRIEF
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PT Simon Dockswell BY: PT Geoffrey B. Marks 714860
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01/29/2016
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JURIS ANSWER BRIEF
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RS Bethesda Memorial Hospital BY: RS William T. Viergever 92916
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04/14/2016
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ORDER-JURIS ACCEPT/BRIEF SCHED (OA LATER DATE)
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The Court accepts jurisdiction of this case.
Petitioner's initial brief on the merits shall be served on or before May 4, 2016; respondent's answer brief on the merits shall be served twenty days after service of petitioner's initial brief on the merits; and petitioner's reply brief on the merits shall be served twenty days after service of respondent's answer 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 June 13, 2016. The Clerk may provide the record in the format as currently maintained at the district court, either paper or electronic
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04/26/2016
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RECORD
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Lonn Weissblum 498017 BY: Lonn Weissblum 498017
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CERTIFIED COPIES OF APPEAL PAPERS (ELECTRONICALLY FILED)
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04/26/2016
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RECORD/TRANSCRIPT
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Lonn Weissblum 498017 BY: Lonn Weissblum 498017
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ROA, VOLUMES 1-8 (ELECTRONICALLY FILED)
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04/26/2016
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RECORD/TRANSCRIPT
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Lonn Weissblum 498017 BY: Lonn Weissblum 498017
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SUPPLEMENTAL ROA, VOLUMES 1-15 (ELECTRONICALLY FILED)
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04/27/2016
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MOTION-EXT OF TIME (INITIAL BRIEF-MERITS)
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PT Simon Dockswell BY: PT Geoffrey B. Marks 714860
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PETITIONERS' UNOPPOSED MOTION FOR EXTENSION OF TIME
TO SERVE INITIAL BRIEF ON THE MERITS
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04/28/2016
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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 May 16, 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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05/05/2016
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MOTION-AMICUS CURIAE
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MP Florida Justice Association BY: MP Roy D. Wasson 332070
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FILED AS "FLORIDA JUSTICE ASSOCIATION'S UNOPPOSED MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF SUPPORTING POSITION OF PETITIONERS"
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05/10/2016
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ORDER-AMICUS CURIAE GR
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The motion for leave to file brief as amicus curiae filed by The Florida Justice Association 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).
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05/16/2016
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INITIAL BRIEF-MERITS
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PT Simon Dockswell BY: PT Geoffrey B. Marks 714860
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PETITIONERS' BRIEF ON THE MERITS
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05/16/2016
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APPENDIX-MERIT BRIEF
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PT Simon Dockswell BY: PT Geoffrey B. Marks 714860
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APPENDIX TO PETITIONERS' BRIEF ON THE MERITS
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05/26/2016
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MOTION-EXT OF TIME (AMICUS CURIAE BRIEF)
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MP Florida Justice Association BY: MP Roy D. Wasson 332070
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05/27/2016
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ORDER-EXT OF TIME GR (AMICUS CURIAE)
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The motion for extension of time filed in the above case by Florida Justice Association is granted and said amicus curiae is allowed to and including May 31, 2016, in which to serve the amicus curiae initial brief on the merits. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED FOR THE FILING OF THE ABOVE REFERENCED AMICUS CURIAE BRIEF ON THE MERITS. All other times will be extended accordingly.
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05/31/2016
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AMICUS CURIAE INITIAL BRIEF-MERITS
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MP Florida Justice Association BY: MP Roy D. Wasson 332070
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AMICUS CURIAE BRIEF OF THE
FLORIDA JUSTICE ASSOCIATION
IN SUPPORT OF PETITIONERS
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06/01/2016
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MOTION-EXT OF TIME (ANSWER BRIEF-MERITS)
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RS Bethesda Memorial Hospital BY: RS William T. Viergever 92916
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06/01/2016
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ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS)
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Respondent's Unopposed Motion for Extension of Time to Serve Answer Brief is granted, and respondent is allowed to and including June 27, 2016, in which to serve the answer brief on the merits. 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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06/27/2016
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ANSWER BRIEF-MERITS
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RS Bethesda Memorial Hospital BY: RS William T. Viergever 92916
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***Order Striking brief 6/27/2016***
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06/27/2016
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ORDER-BRIEF STRICKEN (NON-COMPLIANCE)
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Respondent's answer brief on the merits, which was filed with this Court on June 27, 2016, does not comply with Florida Rule of Appellate Procedure 9.210 and is hereby stricken. Respondent is hereby directed, on or before July 5, 2016, to file an amended answer brief on the merits which includes a conclusion of not more than one page.
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06/28/2016
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ANSWER AMD BRIEF-MERITS
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RS Bethesda Memorial Hospital BY: RS William T. Viergever 92916
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07/01/2016
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MOTION-ATTORNEYS FEES
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RS Bethesda Memorial Hospital BY: RS William T. Viergever 92916
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07/07/2016
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RESPONSE
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PT Simon Dockswell BY: PT Geoffrey B. Marks 714860
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PETITIONERS' RESPONSE TO MOTION
FOR APPELLATE ATTORNEY FEES
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07/07/2016
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APPENDIX-RESPONSE
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PT Simon Dockswell BY: PT Geoffrey B. Marks 714860
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APPENDIX TO PETITIONERS' RESPONSE TO
MOTION FOR ATTORNEY FEES
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07/07/2016
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REPLY BRIEF-MERITS
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PT Simon Dockswell BY: PT Geoffrey B. Marks 714860
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07/13/2016
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ORDER-OA SCHED (PREV ACCEPTED)
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The Court previously accepted jurisdiction. The Court will hear oral argument at 9:00 a.m., Thursday, October 6, 2016.
A maximum of twenty minutes to the side is allowed for the argument, but counsel is expected to use only so much of that time as is necessary.
NO CONTINUANCES WILL BE GRANTED EXCEPT UPON A SHOWING OF EXTREME HARDSHIP
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10/04/2016
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MOTION-ORAL ARGUMENT RESCHEDULE
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PT Simon Dockswell BY: PT Geoffrey B. Marks 714860
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10/04/2016
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ORDER-ORAL ARGUMENT CALENDAR REMOVAL
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Petitioner's Emergency Motion to Reschedule Oral Argument is hereby granted in part. The above case, which was scheduled for oral argument on Thursday, October 6, 2016, has been removed from the oral argument calendar and submitted to the Court without oral argument.
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01/26/2017
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DISP-REMAND FOR TRIAL
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FSC-OPINION: For the reasons explained above, the foreign-body presumption of negligence in section 766.102(3)(b), Florida Statutes, as set forth in Florida Standard Jury Instruction 402.4c, establishing a presumption of negligence and shifting the burden to the defendant when a foreign body is discovered inside a patient, was applicable to the Dockswells when they proved that a drainage tube fragment improperly remained inside Mr. Dockswell. Further, the nonstandard jury instruction given at trial, omitting the second portion of section 766.102(3)(b), was misleading and, thus, separately constituted reversible error. Accordingly, we approve of the Third District's decision in Kenyon v. Miller, 756 So. 2d 133 (Fla. 3d DCA 2000), quash the Fourth District's decision in Dockswell, and remand with instructions that a new trial be ordered in which the Dockswells receive the benefit of the foreign-body presumption of negligence in section 766.102(3)(b) as set forth in Florida Standard Jury Instruction 402.4c.
It is so ordered.
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01/26/2017
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ORDER-ATTY FEES DY (J/M/O)
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Respondent's Motion for Appellate Attorney Fees filed with this Court on July 1, 2016, pursuant to chapter 768, Florida Statutes, and Florida Rule of Civil Procedure 1.442 is hereby denied.
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02/07/2017
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MOTION-REHEARING
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RS Bethesda Memorial Hospital BY: RS William T. Viergever 92916
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02/08/2017
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RESPONSE
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PT Simon Dockswell BY: PT Geoffrey B. Marks 714860
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03/01/2017
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DISP-REHEARING DY
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Respondent's Motion for Rehearing is hereby denied.
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03/24/2017
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PUBLISH FULL
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03/24/2017
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MANDATE
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CC: COUNSEL
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