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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 (CERT DIRECT CONFLICT)
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PT Allstate Insurance Company BY: PT Suzanne Y. Labrit 661104
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12/15/2015
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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 January 14, 2016, 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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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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12/16/2015
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Filing Fee $300
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2015 - 1025265 Amount: $300
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12/16/2015
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Fee Paid In Full - $300
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12/21/2015
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JURIS INITIAL BRIEF
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PT Allstate Insurance Company BY: PT Suzanne Y. Labrit 661104
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Petitioner's Brief on Jurisdiction
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12/21/2015
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APPENDIX-JURIS BRIEF
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PT Allstate Insurance Company BY: PT Suzanne Y. Labrit 661104
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Appendix to Petitioner's Brief on Jurisdiction
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12/23/2015
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JURIS ANSWER BRIEF
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RS Orthopedic Specialists BY: RS Gary M. Farmer, Sr. 177611
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01/20/2016
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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 February 9, 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 March 22, 2016. The Clerk may provide the record in the format as currently maintained at the district court, either paper or electronic.
Oral argument will be set by separate order. Counsel for the parties will be notified of the oral argument date approximately sixty days prior to oral argument
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01/29/2016
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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
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01/29/2016
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RECORD
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Lonn Weissblum 498017 BY: Lonn Weissblum 498017
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1 VOLUME
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02/02/2016
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MOTION-EXT OF TIME (INITIAL BRIEF-MERITS)
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PT Allstate Insurance Company BY: PT Suzanne Y. Labrit 661104
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02/02/2016
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MOTION-TOLL TIME
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PT Allstate Insurance Company BY: PT Suzanne Y. Labrit 661104
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02/02/2016
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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 February 29, 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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02/04/2016
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NOTICE-RELATED CASE(S)
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PT Allstate Insurance Company BY: PT Suzanne Y. Labrit 661104
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02/29/2016
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INITIAL BRIEF-MERITS
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PT Allstate Insurance Company BY: PT Suzanne Y. Labrit 661104
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02/29/2016
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APPENDIX-MERIT BRIEF
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PT Allstate Insurance Company BY: PT Suzanne Y. Labrit 661104
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03/08/2016
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ANSWER BRIEF-MERITS
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RS Orthopedic Specialists BY: RS Gary M. Farmer, Sr. 177611
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ANSWER BRIEF OF RESPONDENTS
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03/08/2016
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REQUEST-ORAL ARGUMENT
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RS Orthopedic Specialists BY: RS Gary M. Farmer, Sr. 177611
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RESPONDENTS REQUEST FOR ORAL ARGUMENT
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03/08/2016
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MOTION-ATTORNEYS FEES
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RS Orthopedic Specialists BY: RS Gary M. Farmer, Sr. 177611
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RESPONDENTS MOTION FOR ATTORNEYS FEES ON REVIEW IN SUPREME COURT
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03/11/2016
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MOTION-AMICUS CURIAE
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MR Florida Medical Association FMA BY: MR Edward Herbert Zebersky 908370
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THE FLORIDA MEDICAL ASSOCIATION'S MOTION FOR LEAVE
TO FILE AN AMICUS CURIAE BRIEF ON BEHALF OF APPELLEE
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03/11/2016
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AMICUS CURIAE INITIAL BRIEF-MERITS
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MR Florida Medical Association FMA BY: MR Lawrence M. Kopelman 288845
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BRIEF OF AMICUS CURIAE
FLORIDA MEDICAL ASSOCIATION
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03/14/2016
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NOTICE-APPEARANCE
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MR Florida Medical Association FMA BY: MR Lawrence M. Kopelman 288845
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03/15/2016
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NOTICE-APPEARANCE
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MR Florida Medical Association FMA BY: MR Lawrence M. Kopelman 288845
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03/22/2016
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RESPONSE
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PT Allstate Insurance Company BY: PT Suzanne Y. Labrit 661104
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PETITIONER'S RESPONSE TO RESPONDENT'S
MOTION FOR ATTORNEY'S FEES ON REVIEW IN SUPREME COURT
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03/23/2016
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RESPONSE
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PT Allstate Insurance Company BY: PT Suzanne Y. Labrit 661104
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ALLSTATE INSURANCE COMPANY'S OPPOSITION TO THE FLORIDA MEDICAL ASSOCIATION'S MOTION FOR LEAVE TO FILE AN AMICUS BRIEF ON BEHALF OF APPELLEE
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03/30/2016
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MOTION-EXT OF TIME (REPLY BRIEF-MERITS)
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PT Allstate Insurance Company BY: PT Suzanne Y. Labrit 661104
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03/30/2016
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MOTION-TOLL TIME
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PT Allstate Insurance Company BY: PT Suzanne Y. Labrit 661104
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03/30/2016
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RESPONSE
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RS Orthopedic Specialists BY: RS Gary M. Farmer, Sr. 177611
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RESPONDENTS RESPONSE TO MOTION FOR
EXTENSION OF TIME TO FILE REPLY BRIEF
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03/31/2016
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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 Medical Association is hereby granted and they are allowed to file brief only in support of appellee. 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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03/31/2016
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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 April 25, 2016, in which to serve the reply brief on the merits. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO PETITIONER FOR THE FILING OF THE REPLY BRIEF ON THE MERITS.
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04/25/2016
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REPLY BRIEF-MERITS
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PT Allstate Insurance Company BY: PT Suzanne Y. Labrit 661104
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PETITIONER'S REPLY BRIEF
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04/26/2016
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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., Tuesday, August 30, 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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04/29/2016
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MOTION-ORAL ARGUMENT RESCHEDULE
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RS Orthopedic Specialists BY: RS Gary M Farmer 914444
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05/02/2016
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MOTION-OTHER SUBSTANTIVE
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RS Orthopedic Specialists BY: RS David M. Caldevilla 654248
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RESPONDENTS' UNOPPOSED MOTION FOR
LEAVE TO FILE SUR-REPLY BRIEF
CONCERNING NEW SECOND DCA DECISION
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05/02/2016
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REPLY BRIEF-MERITS
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RS Orthopedic Specialists BY: RS David M. Caldevilla 654248
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RESPONDENTS' SUR-REPLY BRIEF
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05/12/2016
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ORDER-OTHER SUBSTANTIVE GR
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Respondents' Unopposed Motion for Leave to File Sur-Reply Brief Concerning New Second DCA Decision is hereby granted and said brief was filed with this Court on May 2, 2016.
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05/13/2016
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ORAL ARGUMENT CALENDAR
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05/13/2016
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NOTICE-SUPPLEMENTAL AUTHORITY
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PT Allstate Insurance Company BY: PT Peter J. Valeta 327557
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***STRICKEN 5/13/16***
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05/13/2016
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ORDER-ORAL ARGUMENT RESCHEDULE GR
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Respondent's motion to reschedule oral argument is granted and the above case which was scheduled for oral argument on Tuesday, August 30, 2016, has been rescheduled for oral argument at 9:00 a.m. September 1, 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.
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05/13/2016
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ORDER-SUPP AUTHORITY STRICKEN
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Petitioner's Notice of Supplemental Authority does not comply with Florida Rule of Appellate Procedure 9.225 and is hereby stricken as it contains argument.
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07/13/2016
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NOTICE-SUPPLEMENTAL AUTHORITY
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PT Allstate Insurance Company BY: PT Suzanne Y. Labrit 661104
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07/14/2016
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MOTION-COUNS PRO HAC VICE (FOREIGN COUNSEL)
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PT Allstate Insurance Company BY: PT Richard C. Godfrey
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07/14/2016
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PAY PRO HAC VICE FEE-100
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07/21/2016
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ORDER-COUNSEL PRO HAC VICE GR (FOREIGN COUNSEL)
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The motion to appear pro hac vice filed in the above cause by Richard C. Godfrey, on behalf of petitioner, is hereby granted and counsel's payment of the $100.00 fee required by section 25.241(2)(a), Florida Statutes (2015), was received by this Court on July 14, 2016.
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09/01/2016
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ORAL ARGUMENT HELD
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09/08/2016
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NOTICE-SUPPLEMENTAL AUTHORITY
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RS Orthopedic Specialists BY: RS Gary M. Farmer, Sr. 177611
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RESPONDENTS' SUPPLEMENTAL AUTHORITIES RE
QUESTIONS AND TOPICS RAISED IN ORAL ARGUMENT
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09/13/2016
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MOTION-STRIKE
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PT Allstate Insurance Company BY: PT Peter J. Valeta 327557
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PETITIONER'S OBJECTION TO AND MOTION TO STRIKE RESPONDENTS' SUPPLEMENTAL AUTHORITIES RE: QUESTIONS AND TOPICS RAISED AT ORAL ARGUMENT, OR IN THE ALTERNATIVE, FOR LEAVE TO FILE REPLY
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09/19/2016
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RESPONSE
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RS Orthopedic Specialists BY: RS Gary M. Farmer, Sr. 177611
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RESPONDENTS' MEMO OPPOSING ALLSTATE'S MOTION TO STRIKE RESPONDENTS SUPPLEMENTAL AUTHORITIES
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09/23/2016
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ORDER-STRIKE DY
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Petitioner's Objection to and Motion to Strike Respondents' Supplemental Authorities Re: Questions and Topics Raised at Oral Argument, or in the Alternative, for Leave to File Reply is hereby denied.
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09/29/2016
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NOTICE-SUPPLEMENTAL AUTHORITY
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RS Orthopedic Specialists BY: RS Gary M. Farmer, Sr. 177611
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RESPONDENTS' SECOND NOTICE OF
SUPPLEMENTAL AUTHORITY AFTER ORAL ARGUMENT
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01/26/2017
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DISP-QUASHED
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FSC-OPINION: We approve Stand-Up MRI on the conflict issue and quash Orthopedic Specialists.
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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Respondents' motion for attorney's fees filed with this Court on March 8, 2016, is hereby denied.
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02/07/2017
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MOTION-REHEARING
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RS Orthopedic Specialists BY: RS David M. Caldevilla 654248
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02/08/2017
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MOTION-REHEARING/REINST STRICKEN (UNAUTHORIZED)
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MR Florida Medical Association FMA BY: MR Edward Herbert Zebersky 908370
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AMICUS CURIAE FLORIDA MEDICAL ASSOCIATION'S
MOTION FOR REHEARING
*Stricken as unauthorized on 2/21/2017*
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02/17/2017
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NOTICE-SUPPLEMENTAL AUTHORITY
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RS Orthopedic Specialists BY: RS David M. Caldevilla 654248
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RESPONDENTS' NOTICE OF SUPPLEMENTAL
AUTHORITY CONCERNING MOTION FOR REHEARING
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02/17/2017
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MOTION-EXT OF TIME (RESPONSE)
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PT Allstate Insurance Company BY: PT Suzanne Y. Labrit 661104
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02/17/2017
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MOTION-TOLL TIME
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PT Allstate Insurance Company BY: PT Suzanne Y. Labrit 661104
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02/21/2017
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ORDER-STRIKE FILING UNAUTHORIZED
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On the Court's own motion, Amicus Curiae Florida Medical Association's Motion for Rehearing is hereby stricken as unauthorized. See, March 31, 2016, order granting said amicus curiae leave to file a brief only in support of the appellee.
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02/21/2017
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ORDER-EXT OF TIME GR (RESPONSE)
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Petitioner's motion for extension of time is granted in part and petitioner is allowed to and including March 9, 2017, in which to serve its response to respondent's motion for rehearing. Petitioner's motion for extension of time to respond to the amicus curiae motion for rehearing is denied as moot. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO RESPONDENT FOR SERVING THE RESPONSE. All other times are extended accordingly.
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02/28/2017
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RESPONSE
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PT Allstate Insurance Company BY: PT Suzanne Y. Labrit 661104
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TO RESPONDENT ORTHOPEDIC SPECIALISTS' MOTION FOR REHEARING
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03/27/2017
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DISP-REHEARING DY
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Respondents' Motion for Rehearing is hereby denied.
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04/20/2017
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MANDATE
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04/21/2017
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PUBLISH FULL
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