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Doc. Date Docketed Description Filed by Notes
Click to open document 02/14/2018 NOTICE-DISCRETIONARY JURIS (CERT GPI) PT Progressive Select Insurance Company BY: WD Douglas H. Stein 355283
Click to open document 02/20/2018 ACKNOWLEDGMENT LETTER-NEW CASE-PAY FEE Supreme Court Of Florida BY: Supreme Court Of Florida
Click to open document 03/01/2018 PAY CASE FILING FEE-300 PT Progressive Select Insurance Company BY: WD Douglas H. Stein 355283
03/01/2018 Fee Paid Through Portal
Click to open document 03/09/2018 MOTION-STAY (PROCEEDINGS BELOW) PT Progressive Select Insurance Company BY: WD Douglas H. Stein 355283 Petitioner's Motion for Review of Order of the Fifth District Court of Appeal Denying Motion to Stay Issuance of the Mandate and/or Motion to Stay Issuance of the Mandate and/or Motion to Recall the Mandate
Click to open document 03/19/2018 RESPONSE RS Florida Hospital Medical Center BY: RS Chad A. Barr 55365 Respondent's Response and Objection to Petitioner's Motion for Review of Order of the Fifth District Court of Appeal Denying Motion to Stay Issuance of the Mandate and/or Motion to Stay Issuance of the Mandate and/or Motion to Recall the Mandate
Click to open document 03/20/2018 ORDER-STAY PROCEEDINGS BELOW DY Petitioner's Motion for Review of Order of the Fifth District Court of Appeal Denying Motion to Stay Issuance of the Mandate and/or Motion to Stay Issuance of the Mandate and/or Motion to Recall the Mandate filed in the above styled cause is hereby denied.
Click to open document 03/20/2018 ORDER-NO REQ&BRIEF SCHED/JURIS ACCEPTED The Court accepts jurisdiction. Petitioner's brief on the merits shall be served on or before April 9, 2018; 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 Fifth District Court of Appeal shall file the record which shall be properly indexed and paginated on or before May 21, 2018. 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.
Click to open document 03/29/2018 MOTION-AMICUS CURIAE MP Geico General Insurance Company BY: MP Rebecca Delaney 235090 GEICO General Insurance Company's, GEICO Indemnity Company's, and Government Employees Insurance Company's Motion for Leave to File Brief as Amicus Curiae in Support of Petitioner
Click to open document 04/02/2018 RESPONSE RS Florida Hospital Medical Center BY: RS Chad A. Barr 55365 Respondent's Objection and Response to GEICO General Insurance Company's, GEICO Indemnity Company's, and Government Employees Insurance Company's Motion for Leave to File Brief as Amicus Curiae in Support of Petitioner
Click to open document 04/04/2018 MOTION-EXT OF TIME (INITIAL BRIEF-MERITS) PT Progressive Select Insurance Company BY: WD Douglas H. Stein 355283 Petitioner's Motion for Extension of Time in Which to Serve Initial Brief on the Merits
Click to open document 04/04/2018 ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS) Petitioner's motion for extension of time is granted and petitioner is allowed to and including May 9, 2018, in which to serve the initial brief on the merits. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied. All other times will be extended accordingly.
Click to open document 04/05/2018 MOTION-AMICUS CURIAE MP Florida Justice Reform Institute BY: PT Peter J. Valeta 327557 Florida Justice Reform Institute's Motion for Leave to File Brief as Amicus Curiae in Support of Petitioner
Click to open document 04/05/2018 RESPONSE RS Florida Hospital Medical Center BY: RS Chad A. Barr 55365 Respondent's Objection and Response to Florida Justice Reform Institute's Motion for Leave to File Brief as Amicus Curiae in Support of Petitioner
Click to open document 04/06/2018 ORDER-AMICUS CURIAE GR The motion for leave to file brief as amicus curiae filed by GEICO General Insurance Company, GEICO Indemnity Company, and Government Employees Insurance Company 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).
Click to open document 04/06/2018 ORDER-AMICUS CURIAE GR The motion for leave to file brief as amicus curiae filed by Florida Justice Reform Institute 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).
Click to open document 04/16/2018 MOTION-AMICUS CURIAE MP Personal Insurance Federation of Florida BY: MP Suzanne Y. Labrit 661104 Joint Motion of Personal Insurance Federation of Florida and Property Casualty Insurers Association of America for Leave to Appear as Amicus Curiae in Support of Petitioner
Click to open document 05/02/2018 ORDER-AMICUS CURIAE GR The motion for leave to file brief as amicus curiae filed by Personal Insurance Federation of Florida and Property Casualty Insurers Association of America is hereby granted and they are allowed to file brief only in support of petitioner. The brief by the above referenced amici curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
05/03/2018 RECORD Joanne P. Simmons BY: Joanne P. Simmons Certified Copies of Appeal Papers (Filed Electronically)
Click to open document 05/09/2018 NOTICE-APPEARANCE PT Progressive Select Insurance Company BY: PT Michael C. Clarke 988022
Click to open document 05/09/2018 INITIAL BRIEF-MERITS PT Progressive Select Insurance Company BY: WD Douglas H. Stein 355283 Petitioner's Initial Brief on the Merits
Click to open document 05/09/2018 APPENDIX-MERIT BRIEF PT Progressive Select Insurance Company BY: WD Douglas H. Stein 355283 Appendix to Petitioner's Initial Brief on the Merits
Click to open document 05/18/2018 AMICUS CURIAE INITIAL BRIEF-MERITS MP Florida Justice Reform Institute BY: PT Peter J. Valeta 327557 Brief of Amicus Curiae Florida Justice Reform Institute in Support of Progressive Select Insurance Company
Click to open document 05/18/2018 APPENDIX-MERIT BRIEF MP Florida Justice Reform Institute BY: PT Peter J. Valeta 327557 Appendix to Brief of Amicus Curiae Florida Justice Reform Institute in Support of Progressive Select Insurance Company -- AMENDED APPENDIX FILED 5/22/2018
Click to open document 05/21/2018 AMICUS CURIAE INITIAL BRIEF-MERITS MP Geico General Insurance Company BY: MP David Dougherty 664537 GEICO General Insurance Company's, GEICO Indemnity Company's and Government Employees Insurance Company's Amici Curiae Brief in Support of Progressive Select Insurance Company
Click to open document 05/21/2018 APPENDIX MP Geico General Insurance Company BY: MP David Dougherty 664537 Appendix to GEICO General Insurance Company's, GEICO Indemnity Company's and Government Employees Insurance Company's Amici Curiae Brief in Support of Progressive Select Insurance Company -- AMENDED APPENDIX FILED 5/22/2018
Click to open document 05/21/2018 AMICUS CURIAE INITIAL BRIEF-MERITS MP Personal Insurance Federation of Florida BY: MP Suzanne Y. Labrit 661104 Brief of Amicus Curiae Personal Insurance Federation of Florida and Property Casualty Insurers Association of America
Click to open document 05/21/2018 APPENDIX MP Personal Insurance Federation of Florida BY: MP Suzanne Y. Labrit 661104 Appendix to Brief of Amicus Curiae Personal Insurance Federation of Florida and Property Casualty Insurers Association of America -- AMENDED APPENDIX FILED 5/22/2018
Click to open document 05/22/2018 APPENDIX (AMENDED) MP Florida Justice Reform Institute BY: PT Peter J. Valeta 327557 Amended Appendix to Brief of Amicus Curiae Florida Justice Reform Institute in Support of Progressive Select Insurance Company
Click to open document 05/22/2018 APPENDIX (AMENDED) MP Geico General Insurance Company BY: MP Rebecca Delaney 235090 Amended Appendix to GEICO General Insurance Company's, GEICO Indemnity Company's and Government Employees Insurance Company's Amici Curiae Brief in Support of Progressive Select Insurance Company
Click to open document 05/22/2018 APPENDIX (AMENDED) MP Personal Insurance Federation of Florida BY: MP Suzanne Y. Labrit 661104 Amended Appendix to Brief of Amicus Curiae Personal Insurance Federation of Florida and Property Casualty Insurers Association of America
Click to open document 05/23/2018 MOTION-EXT OF TIME (ANSWER BRIEF-MERITS) RS Florida Hospital Medical Center BY: RS Chad A. Barr 55365 MOTION FOR EXTENSION OF TIME TO FILE ANSWER BRIEF ON THE MERITS
Click to open document 05/23/2018 ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS) Respondent's motion for extension of time is granted, and respondent is allowed to and including July 5, 2018, in which to serve the answer brief on the merits. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied. All other times will be extended accordingly.
Click to open document 06/05/2018 MOTION-AMICUS CURIAE MR Edward Herbert Zebersky 908370 BY: MR Edward Herbert Zebersky 908370 THE FLORIDA MEDICAL ASSOCIATION'S MOTION FOR LEAVE TO FILE AN AMICUS CURIAE BRIEF ON BEHALF OF RESPONDENT
Click to open document 06/06/2018 ORDER-AMICUS CURIAE GR 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 respondent. The brief by the above referenced amicus curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
Click to open document 06/12/2018 MOTION-AMICUS CURIAE MR Floridians For Fair Insurance, Inc. BY: MR Mac S. Phillips 195413 Floridians for Fair Insurance, Inc.'s Motion for Leave to File Amicus Curiae Brief in Support of Respondent
Click to open document 06/22/2018 RESPONSE PT Progressive Select Insurance Company BY: PT Michael C. Clarke 988022 Petitioner's Response to Floridians for Fair Insurance, Inc.'s Motion for Leave to File Amicus Curiae Brief
Click to open document 06/27/2018 NOTICE-SUPPLEMENTAL AUTHORITY PT Progressive Select Insurance Company BY: PT Michael C. Clarke 988022
Click to open document 06/29/2018 MOTION-BRIEF PAGE ENLARGEMENT RS Florida Hospital Medical Center BY: RS Chad A. Barr 55365
Click to open document 07/02/2018 ORDER-AMICUS CURIAE GR The motion for leave to file brief as amicus curiae filed by Floridians for Fair Insurance, Inc. is hereby granted and they are allowed to file brief only in support of respondent. The brief by the above referenced amicus curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
Click to open document 07/02/2018 ORDER-BRIEF PAGE ENLARGEMENT GR Respondent's Unopposed Motion for Leave to File Enlarged Brief is hereby granted. See Fla R. App. Proc. 9.300(d)(13).
Click to open document 07/05/2018 ANSWER BRIEF-MERITS RS Florida Hospital Medical Center BY: RS Chad A. Barr 55365 Respondent's Answer Brief on the Merits -- Stricken July 24, 2018, in light of filing of amended brief.
Click to open document 07/05/2018 MOTION-ATTORNEYS FEES RS Florida Hospital Medical Center BY: RS Chad A. Barr 55365
Click to open document 07/10/2018 MOTION-AMICUS CURIAE MR Chambers Medical Group, Inc. BY: MR Anthony D. Barak 523380 Unopposed Joint Motion of Chambers Medical Group, Inc., Clearview Imaging, LLC, MRI Associates of St. Pete, Inc., and Pagano Chiropractic, P.A. to Appear and File a Single Joint Amici Curiae Brief in Support of Respondent
Click to open document 07/10/2018 ORDER-AMICUS CURIAE GR The motion for leave to file brief as amicus curiae filed by The Chambers Medical Group, Inc., Clearview Imaging, LLC, MRI Associates of St. Pete, Inc., and Pagano Chiropractic, P.A. is hereby granted and they are allowed to file brief only in support of respondent. The brief by the above referenced amicus curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
Click to open document 07/13/2018 AMICUS CURIAE ANSWER BRIEF-MERITS MR Floridians For Fair Insurance, Inc. BY: MR David M. Caldevilla 654248 Floridians for Fair Insurance, Inc.'s Amicus Curiae Brief in Support of Respondent
Click to open document 07/13/2018 APPENDIX-MERIT BRIEF MR Floridians For Fair Insurance, Inc. BY: MR David M. Caldevilla 654248 Appendix in Support of Floridians for Fair Insurance, Inc.'s Amicus Curiae Brief -- Stricken 7/16/2018. Does not contain the cited documents.
Click to open document 07/16/2018 ORDER-APPENDIX STRICKEN The Appendix in Support of Floridians for Fair Insurance, Inc.'s Amicus Curiae Brief does not comply with Florida Rule of Appellate Procedure 9.220 and is hereby stricken. Amicus Floridians for Fair Insurance, Inc. may file, within five days from the date of this order, an amended appendix as a separate PDF document. Per rule 9.220, the amended appendix must be properly bookmarked, indexed, and consecutively paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index.
Click to open document 07/16/2018 AMICUS CURIAE ANSWER BRIEF-MERITS MR Clearview Imaging, Llc BY: MR Christopher P. Calkin 148751 Amici Curiae Brief in Support of Respondent Jointly Submitted on Behalf of the Chambers Medical Group, Inc., Clearview Imaging, LLC, MRI Associates of St. Pete, Inc., and Pagano Chiropractic, P.A.
Click to open document 07/16/2018 AMICUS CURIAE ANSWER BRIEF-MERITS MR Florida Medical Association FMA BY: MR Edward Herbert Zebersky 908370 Brief of Amicus Curiae the Florida Medical Association in Support of Respondent -- Stricken July 23, 2018, in light of filing of amended brief.
Click to open document 07/18/2018 APPENDIX-AMENDED-MERIT BRIEF MR Floridians For Fair Insurance, Inc. BY: MR David M. Caldevilla 654248 Amended Appendix in Support of Floridians for Fair Insurance, Inc.'s Amicus Curiae Brief
Click to open document 07/20/2018 RESPONSE PT Progressive Select Insurance Company BY: PT Michael C. Clarke 988022 Petitioner's Response to Respondent's Motion for Award of Appellate Attorney's Fees and Costs
Click to open document 07/20/2018 MOTION-BRIEF AMENDMENT MR Florida Medical Association FMA BY: MR Edward Herbert Zebersky 908370 Amicus Curiae the Florida Medical Association's Motion to File Amendment to Amicus Curiae Brief
Click to open document 07/20/2018 AMICUS CURIAE ANSWER AMD BRIEF-MERITS MR Florida Medical Association FMA BY: MR Edward Herbert Zebersky 908370 Amended Brief of Amicus Curiae the Florida Medical Association in Support of Respondent
Click to open document 07/23/2018 ORDER-BRIEF AMENDMENT GR The Florida Medical Association's Motion to File Amendment to Amicus Curiae Brief is granted and said amended brief was filed with this Court on July 20, 2018. The Brief of Amicus Curiae The Florida Medical Association in Support of Respondent filed with this Court on July 16, 2018, is hereby stricken.
Click to open document 07/24/2018 MOTION-BRIEF AMENDMENT RS Florida Hospital Medical Center BY: RS Chad A. Barr 55365 Unopposed Motion for Leave to File Amendment to Answer Brief
Click to open document 07/24/2018 ANSWER AMD BRIEF-MERITS RS Florida Hospital Medical Center BY: RS Chad A. Barr 55365 Respondent's Amended Answer Brief on the Merits
Click to open document 07/25/2018 ORDER-BRIEF AMENDMENT GR Respondent's Unopposed Motion for Leave to File Amendment to Answer Brief is granted and said amended brief was filed with this Court on July 24, 2018. Respondent's Answer Brief on the Merits filed with this Court on July 5, 2018, is hereby stricken.
Click to open document 07/25/2018 MOTION-EXT OF TIME (REPLY BRIEF-MERITS) PT Progressive Select Insurance Company BY: PT Michael C. Clarke 988022 Petitioner's Unopposed Motion for Extension of Time to Serve Reply Brief
Click to open document 07/25/2018 MOTION-BRIEF PAGE ENLARGEMENT PT Progressive Select Insurance Company BY: PT Michael C. Clarke 988022 Petitioner's Unopposed Motion for Leave to File Enlarged Brief
Click to open document 07/27/2018 ORDER-BRIEF PAGE ENLARGEMENT GR Petitioner's Unopposed Motion for Leave to File Enlarged Brief is hereby granted. Petitioner's Unopposed Motion for Extension of Time to Serve Reply Brief is granted and petitioner is allowed to and including August 3, 2018, in which to serve the reply brief on the merits.
Click to open document 08/03/2018 REPLY BRIEF-MERITS PT Progressive Select Insurance Company BY: PT Michael C. Clarke 988022 Petitioner's Reply Brief on the Merits
Click to open document 08/13/2018 NOTICE-SUPPLEMENTAL AUTHORITY RS Florida Hospital Medical Center BY: RS Chad A. Barr 55365
Click to open document 08/15/2018 MOTION-COUNS WITHDRAWAL PT Progressive Select Insurance Company BY: WD Douglas H. Stein 355283 Motion to Withdraw as Counsel for Petitioner
Click to open document 08/17/2018 ORDER-COUNS WITHDRAWAL GR The Motion to Withdraw as Counsel for Petitioner is granted and Douglas H. Stein is hereby allowed to withdraw as co-counsel for petitioner.
Click to open document 12/28/2018 ORDER-ATTY FEES GR (AMT BY TR CT - M/O) Respondent's motion for attorney's fees and costs is hereby granted in part and denied in part. Respondent's request for attorney's fees is granted, the amount to be determined by the trial court on remand. See Fla. R. App. P. 9.400(b). Respondent's request for costs is denied without prejudice for the motion to be refiled in the trial court. See Arthur v. Arthur, 54 So. 3d 454, 460 (Fla. 2010); Fla. R. App. P. 9.400(a).
Click to open document 12/28/2018 DISP-APPROVED FSC-OPINION: Accordingly, we approve Progressive and disapprove Care Wellness. It is so ordered.
Click to open document 01/24/2019 MANDATE
Click to open document 01/28/2019 PUBLISH FULL