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United States Court Cases

Florida Fourth District Court Of Appeals

GOVERNMENT EMPLOYEES INSURANCE COMPANY vs ASSOCIATESMD MEDICAL GROUP LLC a/a/o ALCIDES GONZALEZ MORENO

Date Docketed Description Filed By Notes
08/20/2021 Petition Prohibition Michael A. Rosenberg 0095721 **Filing Fee Paid Through Portal**
08/20/2021 Appendix to Petition
08/20/2021 Motion To Consolidate
08/23/2021 Prohibition / Acknowledgment letter
08/25/2021 ORD-Granting Consolidation ORDERED that petitioner’s August 20, 2021 motion to consolidate is granted. This case is consolidated with case number 4D21-2144 for all purposes and shall proceed in that case number.
08/25/2021 Motion For Attorney's Fees Chad A. Barr 0055365 (FILED IN 4D21-2474) (RESPONSE FILED 8/27/21) (Amended response filed 9/9/21)
08/25/2021 Notice of Appearance Chad A. Barr 0055365 (FILED IN 4D21-2474)
08/27/2021 Response Adrianna Christine De La Cruz-Munoz 1024647 (FILED IN 4D21-2474)
09/09/2021 Response Adrianna Christine De La Cruz-Munoz 1024647 AMENDED RESPONSE TO RESPONDENT'S MOTION FOR AWARD OF APPELLATE ATTORNEY'S FEES
10/08/2021 Notice of Appearance Daniela Silva 1031346
10/11/2021 Motion for Extension of Time to File Response Chad A. Barr 0055365
10/12/2021 Grant EOT to file Response ORDERED that respondents’ October 11, 2021 motion for extension of time is granted. The time for filing a response is extended sixty (60) days from the date of this order.
12/13/2021 Motion for Extension of Time to File Response Chad A. Barr 0055365
12/14/2021 Grant EOT to file Response ORDERED that respondent’s December 13, 2021 motion for extension of time is granted. The time for filing a response is extended sixty (60) days from the date of this order.
02/14/2022 Response Chad A. Barr 0055365 TO PETITIONERS' PETITIONS FOR WRIT OF PROHIBITION
02/24/2022 Motion Extension of TimeTo Reply To Response Michael A. Rosenberg 0095721
02/24/2022 Grant EOT to Reply to Response ORDERED that petitioner’s February 24, 2022 motion for extension of time is granted. The time for filing a reply is extended to March 11, 2022.
03/11/2022 Reply to Response Michael A. Rosenberg 0095721
03/11/2022 Request for Oral Argument
03/31/2022 Order Denying Petition for Writ - Prohib. ORDERED that, having considered the response and reply, the petitions are denied without prejudice. The court’s order denying the motion to dismiss determines only that the action for declaratory relief is properly pleaded. There is no showing that the circuit court lacks subject matter jurisdiction over the declaratory judgment action. Prohibition is not available to prevent an erroneous exercise of jurisdiction or to prevent a possible error in granting declaratory relief in these circumstances. English v. McCrary, 348 So. 2d 293, 296-97 (Fla. 1977). Denial is without prejudice for petitioner to raise its defenses to the declaratory judgment action below and to appeal from a final judgment if necessary. MAY, GERBER and LEVINE, JJ., concur.
03/31/2022 Order Granting Attorney Fees-Prevailing ORDERED that the respondents’ motions for attorney’s fees are granted conditioned on the trial court determining that respondents are the prevailing parties and, if so, setting the amount of the attorney’s fees to be awarded for this appellate case. If a motion for rehearing is filed in this court, then services rendered in connection with the filing of the motion, including but not limited to preparation of a responsive pleading, shall be taken into account in computing the amount of the fee.
03/31/2022 Order Denying Oral Argument ORDERED that the petitioner’s March 11, 2022 request for oral argument is denied.
03/31/2022 Denied - Order by Judge