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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02/14/2018
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NOTICE-DISCRETIONARY JURIS (CERT GPI)
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PT Progressive Select Insurance Company BY: WD Douglas H. Stein 355283
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02/20/2018
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ACKNOWLEDGMENT LETTER-NEW CASE-PAY FEE
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Supreme Court Of Florida BY: Supreme Court Of Florida
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03/01/2018
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PAY CASE FILING FEE-300
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PT Progressive Select Insurance Company BY: WD Douglas H. Stein 355283
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03/01/2018
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Fee Paid Through Portal
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03/09/2018
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MOTION-STAY (PROCEEDINGS BELOW)
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PT Progressive Select Insurance Company BY: WD Douglas H. Stein 355283
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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
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03/19/2018
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RESPONSE
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RS Florida Hospital Medical Center BY: RS Chad A. Barr 55365
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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
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03/20/2018
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ORDER-STAY PROCEEDINGS BELOW DY
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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.
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03/20/2018
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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 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.
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03/29/2018
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MOTION-AMICUS CURIAE
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MP Geico General Insurance Company BY: MP Rebecca Delaney 235090
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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
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04/02/2018
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RESPONSE
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RS Florida Hospital Medical Center BY: RS Chad A. Barr 55365
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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
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04/04/2018
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MOTION-EXT OF TIME (INITIAL BRIEF-MERITS)
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PT Progressive Select Insurance Company BY: WD Douglas H. Stein 355283
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Petitioner's Motion for Extension of Time in Which to Serve Initial Brief on the Merits
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04/04/2018
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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 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.
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04/05/2018
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MOTION-AMICUS CURIAE
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MP Florida Justice Reform Institute BY: PT Peter J. Valeta 327557
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Florida Justice Reform Institute's Motion for Leave to File Brief as Amicus Curiae in Support of Petitioner
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04/05/2018
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RESPONSE
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RS Florida Hospital Medical Center BY: RS Chad A. Barr 55365
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Respondent's Objection and Response to Florida Justice Reform Institute's Motion for Leave to File Brief as Amicus Curiae in Support of Petitioner
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04/06/2018
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ORDER-AMICUS CURIAE GR
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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).
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04/06/2018
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ORDER-AMICUS CURIAE GR
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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).
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04/16/2018
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MOTION-AMICUS CURIAE
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MP Personal Insurance Federation of Florida BY: MP Suzanne Y. Labrit 661104
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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
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05/02/2018
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ORDER-AMICUS CURIAE GR
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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).
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05/03/2018
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RECORD
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Joanne P. Simmons BY: Joanne P. Simmons
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Certified Copies of Appeal Papers (Filed Electronically)
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05/09/2018
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NOTICE-APPEARANCE
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PT Progressive Select Insurance Company BY: PT Michael C. Clarke 988022
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05/09/2018
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INITIAL BRIEF-MERITS
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PT Progressive Select Insurance Company BY: WD Douglas H. Stein 355283
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Petitioner's Initial Brief on the Merits
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05/09/2018
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APPENDIX-MERIT BRIEF
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PT Progressive Select Insurance Company BY: WD Douglas H. Stein 355283
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Appendix to Petitioner's Initial Brief on the Merits
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05/18/2018
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AMICUS CURIAE INITIAL BRIEF-MERITS
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MP Florida Justice Reform Institute BY: PT Peter J. Valeta 327557
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Brief of Amicus Curiae Florida Justice Reform Institute in Support of Progressive Select Insurance Company
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05/18/2018
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APPENDIX-MERIT BRIEF
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MP Florida Justice Reform Institute BY: PT Peter J. Valeta 327557
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Appendix to Brief of Amicus Curiae Florida Justice Reform Institute in Support of Progressive Select Insurance Company -- AMENDED APPENDIX FILED 5/22/2018
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05/21/2018
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AMICUS CURIAE INITIAL BRIEF-MERITS
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MP Geico General Insurance Company BY: MP David Dougherty 664537
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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
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05/21/2018
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APPENDIX
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MP Geico General Insurance Company BY: MP David Dougherty 664537
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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
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05/21/2018
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AMICUS CURIAE INITIAL BRIEF-MERITS
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MP Personal Insurance Federation of Florida BY: MP Suzanne Y. Labrit 661104
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Brief of Amicus Curiae Personal Insurance Federation of Florida and Property Casualty Insurers Association of America
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05/21/2018
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APPENDIX
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MP Personal Insurance Federation of Florida BY: MP Suzanne Y. Labrit 661104
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Appendix to Brief of Amicus Curiae Personal Insurance Federation of Florida and Property Casualty Insurers Association of America -- AMENDED APPENDIX FILED 5/22/2018
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05/22/2018
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APPENDIX (AMENDED)
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MP Florida Justice Reform Institute BY: PT Peter J. Valeta 327557
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Amended Appendix to Brief of Amicus Curiae Florida Justice Reform Institute in Support of Progressive Select Insurance Company
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05/22/2018
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APPENDIX (AMENDED)
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MP Geico General Insurance Company BY: MP Rebecca Delaney 235090
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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
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05/22/2018
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APPENDIX (AMENDED)
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MP Personal Insurance Federation of Florida BY: MP Suzanne Y. Labrit 661104
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Amended Appendix to Brief of Amicus Curiae Personal Insurance Federation of Florida and Property Casualty Insurers Association of America
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05/23/2018
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MOTION-EXT OF TIME (ANSWER BRIEF-MERITS)
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RS Florida Hospital Medical Center BY: RS Chad A. Barr 55365
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MOTION FOR EXTENSION OF TIME TO FILE ANSWER BRIEF ON THE MERITS
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05/23/2018
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ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS)
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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.
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06/05/2018
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MOTION-AMICUS CURIAE
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MR Edward Herbert Zebersky 908370 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 RESPONDENT
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06/06/2018
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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 respondent. 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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06/12/2018
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MOTION-AMICUS CURIAE
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MR Floridians For Fair Insurance, Inc. BY: MR Mac S. Phillips 195413
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Floridians for Fair Insurance, Inc.'s Motion for Leave to File Amicus Curiae Brief in Support of Respondent
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06/22/2018
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RESPONSE
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PT Progressive Select Insurance Company BY: PT Michael C. Clarke 988022
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Petitioner's Response to Floridians for Fair Insurance, Inc.'s Motion for Leave to File Amicus Curiae Brief
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06/27/2018
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NOTICE-SUPPLEMENTAL AUTHORITY
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PT Progressive Select Insurance Company BY: PT Michael C. Clarke 988022
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06/29/2018
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MOTION-BRIEF PAGE ENLARGEMENT
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RS Florida Hospital Medical Center BY: RS Chad A. Barr 55365
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07/02/2018
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ORDER-AMICUS CURIAE GR
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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).
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07/02/2018
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ORDER-BRIEF PAGE ENLARGEMENT GR
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Respondent's Unopposed Motion for Leave to File Enlarged Brief is hereby granted. See Fla R. App. Proc. 9.300(d)(13).
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07/05/2018
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ANSWER BRIEF-MERITS
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RS Florida Hospital Medical Center BY: RS Chad A. Barr 55365
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Respondent's Answer Brief on the Merits -- Stricken July 24, 2018, in light of filing of amended brief.
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07/05/2018
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MOTION-ATTORNEYS FEES
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RS Florida Hospital Medical Center BY: RS Chad A. Barr 55365
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07/10/2018
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MOTION-AMICUS CURIAE
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MR Chambers Medical Group, Inc. BY: MR Anthony D. Barak 523380
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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
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07/10/2018
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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 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).
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07/13/2018
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AMICUS CURIAE ANSWER BRIEF-MERITS
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MR Floridians For Fair Insurance, Inc. BY: MR David M. Caldevilla 654248
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Floridians for Fair Insurance, Inc.'s Amicus Curiae Brief in Support of Respondent
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07/13/2018
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APPENDIX-MERIT BRIEF
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MR Floridians For Fair Insurance, Inc. BY: MR David M. Caldevilla 654248
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Appendix in Support of Floridians for Fair Insurance, Inc.'s Amicus Curiae Brief -- Stricken 7/16/2018. Does not contain the cited documents.
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07/16/2018
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ORDER-APPENDIX STRICKEN
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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.
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07/16/2018
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AMICUS CURIAE ANSWER BRIEF-MERITS
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MR Clearview Imaging, Llc BY: MR Christopher P. Calkin 148751
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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.
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07/16/2018
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AMICUS CURIAE ANSWER BRIEF-MERITS
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MR Florida Medical Association FMA BY: MR Edward Herbert Zebersky 908370
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Brief of Amicus Curiae the Florida Medical Association in Support of Respondent -- Stricken July 23, 2018, in light of filing of amended brief.
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07/18/2018
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APPENDIX-AMENDED-MERIT BRIEF
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MR Floridians For Fair Insurance, Inc. BY: MR David M. Caldevilla 654248
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Amended Appendix in Support of Floridians for Fair Insurance, Inc.'s Amicus Curiae Brief
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07/20/2018
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RESPONSE
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PT Progressive Select Insurance Company BY: PT Michael C. Clarke 988022
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Petitioner's Response to Respondent's Motion for Award of Appellate Attorney's Fees and Costs
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07/20/2018
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MOTION-BRIEF AMENDMENT
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MR Florida Medical Association FMA BY: MR Edward Herbert Zebersky 908370
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Amicus Curiae the Florida Medical Association's Motion to File Amendment to Amicus Curiae Brief
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07/20/2018
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AMICUS CURIAE ANSWER AMD BRIEF-MERITS
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MR Florida Medical Association FMA BY: MR Edward Herbert Zebersky 908370
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Amended Brief of Amicus Curiae the Florida Medical Association in Support of Respondent
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07/23/2018
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ORDER-BRIEF AMENDMENT GR
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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.
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07/24/2018
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MOTION-BRIEF AMENDMENT
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RS Florida Hospital Medical Center BY: RS Chad A. Barr 55365
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Unopposed Motion for Leave to File Amendment to Answer Brief
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07/24/2018
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ANSWER AMD BRIEF-MERITS
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RS Florida Hospital Medical Center BY: RS Chad A. Barr 55365
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Respondent's Amended Answer Brief on the Merits
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07/25/2018
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ORDER-BRIEF AMENDMENT GR
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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.
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07/25/2018
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MOTION-EXT OF TIME (REPLY BRIEF-MERITS)
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PT Progressive Select Insurance Company BY: PT Michael C. Clarke 988022
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Petitioner's Unopposed Motion for Extension of Time to Serve Reply Brief
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07/25/2018
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MOTION-BRIEF PAGE ENLARGEMENT
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PT Progressive Select Insurance Company BY: PT Michael C. Clarke 988022
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Petitioner's Unopposed Motion for Leave to File Enlarged Brief
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07/27/2018
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ORDER-BRIEF PAGE ENLARGEMENT GR
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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.
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08/03/2018
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REPLY BRIEF-MERITS
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PT Progressive Select Insurance Company BY: PT Michael C. Clarke 988022
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Petitioner's Reply Brief on the Merits
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08/13/2018
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NOTICE-SUPPLEMENTAL AUTHORITY
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RS Florida Hospital Medical Center BY: RS Chad A. Barr 55365
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08/15/2018
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MOTION-COUNS WITHDRAWAL
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PT Progressive Select Insurance Company BY: WD Douglas H. Stein 355283
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Motion to Withdraw as Counsel for Petitioner
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08/17/2018
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ORDER-COUNS WITHDRAWAL GR
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The Motion to Withdraw as Counsel for Petitioner is granted and Douglas H. Stein is hereby allowed to withdraw as co-counsel for petitioner.
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12/28/2018
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ORDER-ATTY FEES GR (AMT BY TR CT - M/O)
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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).
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12/28/2018
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DISP-APPROVED
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FSC-OPINION: Accordingly, we approve Progressive and disapprove Care Wellness.
It is so ordered.
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01/24/2019
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MANDATE
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01/28/2019
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PUBLISH FULL
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