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Doc. Date Docketed Description Filed by Notes
Click to open document 09/24/2020 NOTICE-DISCRETIONARY JURIS (CERT DIRECT CONFLICT) PT William Boyle BY: PT Landis V. Curry 469246
Click to open document 09/24/2020 ACKNOWLEDGMENT LETTER-NEW CASE-PAY FEE Supreme Court Of Florida FSC BY: Supreme Court Of Florida FSC
09/25/2020 Fee Transferred From L.T.
Click to open document 09/30/2020 JURIS INITIAL BRIEF PT William Boyle BY: PT Landis V. Curry 469246
Click to open document 09/30/2020 APPENDIX-JURIS BRIEF PT William Boyle BY: PT Landis V. Curry 469246
Click to open document 10/08/2020 ORDER-FILING FEE DUE 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 9, 2020, 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. (10/14/20 VACATED)
Click to open document 10/14/2020 ORDER-VACATE The order of this Court dated October 8, 2020, directing the petitioner to submit the filing fee, or an order of insolvency, or a proper motion for leave to proceed in forma pauperis, is hereby vacated. The filing fee was received by the Second District Court of Appeal on September 25, 2020.
Click to open document 11/02/2020 ORDER-BRIEF NON-FILING (ANSWER BRIEF) Counsel for respondent having not filed an answer brief, the above case has been submitted to the Court for consideration.
Click to open document 12/08/2020 ORDER-NO REQ&BRIEF SCHED/JURIS ACCEPTED The Court accepts jurisdiction. Petitioner's brief on the merits shall be served on or before December 28, 2020; respondent's brief on the merits shall be served thirty days after service of petitioner's brief on the merits; and petitioner's reply brief on the merits shall be served thirty days after service of respondent's brief on the merits. The Clerk of the Second District Court of Appeal shall file the record which shall be properly indexed and paginated on or before February 8, 2021. 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 12/14/2020 MOTION-EXT OF TIME (INITIAL BRIEF-MERITS) PT William Boyle BY: PT Landis V. Curry 469246
Click to open document 12/14/2020 ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS) Petitioner's motion for extension of time is granted and petitioner is allowed to and including January 19, 2021, 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 01/05/2021 MOTION-AMICUS CURIAE MR Florida Hospital Association BY: MR Andrew S. Bolin 569097
Click to open document 01/06/2021 ORDER-AMICUS CURIAE GR The motion for leave to file brief as amicus curiae filed by Florida Hospital Association, and Florida Medical Association, is hereby granted and they are allowed to file brief only in support of respondents. 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 01/06/2021 MOTION-AMICUS CURIAE MR Florida Defense Lawyers Association BY: MR Kansas R. Gooden 58707
Click to open document 01/07/2021 ORDER-AMICUS CURIAE GR The motion for leave to file brief as amicus curiae filed by Florida Defense Lawyers Association is hereby granted and they are allowed to file brief only in support of respondents. The brief by the above referenced amicus curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
01/08/2021 RECORD Mary Beth Kuenzel D2 BY: Mary Beth Kuenzel D2 1 VOLUME RECORD ON APPEAL (VOLUME 1) - Filed Electronically
01/08/2021 RECORD Mary Beth Kuenzel D2 BY: Mary Beth Kuenzel D2 1 VOLUME RECORD ON APPEAL (VOLUME 2 - SEALED) - Filed Electronically
01/08/2021 RECORD Mary Beth Kuenzel D2 BY: Mary Beth Kuenzel D2 1 VOLUME RECORD ON APPEAL (SUPPLEMENTAL VOLUME 1 - REDACTED) - Filed Electronically
01/08/2021 RECORD Mary Beth Kuenzel D2 BY: Mary Beth Kuenzel D2 1 VOLUME CERTIFIED COPIES OF APPEAL PAPERS - Filed Electronically
Click to open document 01/19/2021 INITIAL BRIEF-MERITS PT William Boyle BY: PT Landis V. Curry 469246
Click to open document 02/08/2021 NOTICE-APPEARANCE RS Myles Rubin Samotin, M.D. BY: WE Jesse Levine 121877
Click to open document 02/18/2021 ANSWER BRIEF-MERITS RS Myles Rubin Samotin, M.D. BY: RS Kirsten K. Ullman
Click to open document 03/01/2021 AMICUS CURIAE ANSWER BRIEF-MERITS MR Florida Defense Lawyers Association BY: MR Kansas R. Gooden 58707 Amicus Brief of Florida Defense Lawyers Association in Support of Respondents
Click to open document 03/01/2021 AMICUS CURIAE INITIAL BRIEF-MERITS MR Florida Hospital Association BY: MR Andrew S. Bolin 569097 Amicus Curiae Brief of the Florida Hospital Association and Florida Medical Association **Does not contain Certificate of Compliance - Stricken 3/2/21, in light of amended brief filed.**
Click to open document 03/02/2021 ORDER-CERTIFICATE OF COMPLIANCE All computer-generated documents filed in this Court must contain a Certificate of Compliance certifying that the document complies with the applicable font and word count limit requirements. See Fla. R. App. P. 9.045(e). Amici curiae Florida Hospital Association and Florida Medical Association's brief will not be submitted to the Court until you have filed with this Court a proper Certificate of Compliance. Failure to provide this Court with a Certificate of Compliance within five days from the date of this order could result in the imposition of sanctions. See Fla. R. App. P. 9.410.
Click to open document 03/02/2021 AMICUS CURIAE INITIAL AMD BRIEF-MERITS MR Florida Hospital Association BY: MR Andrew S. Bolin 569097 Amicus Curiae Brief of the Florida Hospital Association and Florida Medical Association
Click to open document 03/02/2021 ORDER-BRIEF STRICKEN In light of the filing of amici curiae Florida Hospital Association and Florida Medical Association's amended brief filed with this Court on March 2, 2021, it is ordered that Florida Hospital Association and Florida Medical Association's brief filed with this Court on March 1, 2021, is hereby stricken.
Click to open document 03/17/2021 MOTION-EXT OF TIME (REPLY BRIEF-MERITS) PT William Boyle BY: PT Landis V. Curry 469246 Petitioner's Unopposed Motion for Extension of Time to Serve Reply Brief on the Merits
Click to open document 03/17/2021 ORDER-EXT OF TIME GR (REPLY BRIEF-MERITS) Petitioner's motion for extension of time is granted and petitioner is allowed to and including March 29, 2021, 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.
Click to open document 03/24/2021 REPLY BRIEF-MERITS PT William Boyle BY: PT Landis V. Curry 469246
Click to open document 04/21/2022 DISP-QUASHED FSC-OPINION: We hold that under section 766.106, Florida Statutes (2018), and Florida Rule of Civil Procedure 1.650, it is the timely mailing of the presuit notice of intent to initiate litigation, not the receipt of the notice, that begins the tolling of the applicable limitations period for filing a complaint for medical negligence. Accordingly, we quash the Second District's decision in Boyle, and we approve the certified conflict cases of Zacker and Baxter to the extent they are consistent with this opinion. It is so ordered.
Click to open document 05/12/2022 MANDATE
Click to open document 05/12/2022 PUBLISH FULL