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Raymond Ortega, et al., Petitioner(s) v. Burger King Corporation, et al., Respondent(s)
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SC2024-1343
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2024-09-13
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Closed
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|
| Classification |
Discretionary Review - Notice to Invoke - Direct Conflict of Decisions
|
| Court |
Supreme Court of Florida
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| Originating Court |
3rd District Court of Appeal
3D2023-0740;
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Parties
| Name |
Raymond Ortega
|
| Role |
Petitioner
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| Status |
Active
|
| Representations |
Jason Bravo
|
|
| Name |
Antonio Llerena
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
3DCA Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
BURGER KING CORPORATION
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| Role |
Respondent
|
| Status |
Active
|
| Representations |
David Bryan Shelton, Robert Voss Fitzsimmons, Suzanne Ashelle Singer
|
|
| Name |
BK WHOPPER BAR, LLC
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Legacy Protection and Intelligence Agency, LLC
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| Role |
Respondent
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| Status |
Active
|
|
| Name |
Hon. Vivianne del Rio
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| Role |
Judge/Judicial Officer
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| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-10-08
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| Type |
Disposition
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| Subtype |
Dism Failure To Comply
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| Description |
The petition for review is hereby dismissed on the Court's own motion based on petitioner's failure to timely file the jurisdictional brief in accordance with this Court's order dated October 1, 2024. Any and all pending motions are hereby denied as moot. If petitioner wishes to seek reinstatement, the motion for reinstatement must be filed within fifteen days from the date of this order.
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| View |
View File
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| Docket Date |
2024-10-01
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| Type |
Order
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| Subtype |
Dismissal re: Failure To Comply
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| Description |
In reviewing our records, we note that your case is subject to dismissal for failure to comply with this Court's direction. See Fla. R. App. P. 9.410.
We have not received the jurisdictional brief with appendix in accordance with Florida Rule of Appellate Procedure 9.120(d). Failure to file the above referenced documents with this Court within five days from the date of this order could result in the imposition of sanctions, including dismissal of the petition.
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| View |
View File
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| Docket Date |
2024-09-16
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| Type |
Letter-Case
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| Subtype |
Acknowledgment Letter-New Case
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| Description |
Acknowledgment Letter-New Case
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| View |
View File
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| Docket Date |
2024-09-16
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| Type |
Event
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| Subtype |
Fee Paid in Full - $300 (DCA Portal)
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| Description |
Fee Paid in Full - $300 (DCA Portal)
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|
| Docket Date |
2024-09-13
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| Type |
Notice
|
| Subtype |
Invoke Discretionary Jurisdiction
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| Description |
Notice to Invoke Discretionary Jurisdiction
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| On Behalf Of |
Raymond Ortega
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| View |
View File
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Raymond Ortega, et al., Appellant(s), v. Burger King Corporation, et al., Appellee(s).
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3D2023-0740
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2023-04-24
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Closed
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|
| Classification |
NOA Final - Circuit Civil - Other
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| Court |
3rd District Court of Appeal
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| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
19-6042
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Parties
| Name |
Raymond Ortega
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| Role |
Appellant
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| Status |
Active
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| Representations |
Matthew Eric Ladd, Jason Bravo
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|
| Name |
Antoni Llerena
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
BURGER KING CORPORATION
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| Role |
Appellee
|
| Status |
Active
|
| Representations |
Suzanne Ashelle Singer, Robert Voss Fitzsimmons, David Bryan Shelton
|
|
| Name |
Hon. Vivianne del Rio
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-11-03
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| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
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| Description |
Notice of Agreed Extension of Time Initial Brief -3 days to 11/06/2023 (GRANTED).
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| On Behalf Of |
Raymond Ortega
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|
| Docket Date |
2024-10-15
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| Type |
Supreme Court
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| Subtype |
Supreme Court Order
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| Description |
Supreme Court Order
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| View |
View File
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|
| Docket Date |
2024-09-16
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| Type |
Supreme Court
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| Subtype |
Acknowledged Receipt from Supreme Court
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| Description |
Acknowledged Receipt from Supreme Court
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| View |
View File
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| Docket Date |
2024-09-13
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| Type |
Supreme Court
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| Subtype |
Notice to Invok. Disc. Jur. FSC
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| Description |
Notice to Invok. Disc. Jur. FSC
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| On Behalf Of |
Raymond Ortega
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| View |
View File
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| Docket Date |
2024-09-04
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| Type |
Mandate
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| Subtype |
Mandate
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| Description |
Mandate
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| View |
View File
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| Docket Date |
2024-08-15
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| Type |
Misc. Events
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| Subtype |
West Publishing
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| Description |
West Publishing
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| Docket Date |
2024-07-08
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| Type |
Post-Disposition Motions
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| Subtype |
Motion for Rehearing En Banc
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| Description |
Motion for Rehearing En Banc
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| On Behalf Of |
Raymond Ortega
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| View |
View File
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| Docket Date |
2024-06-19
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| Type |
Order
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| Subtype |
Order on Motion For Attorney's Fees
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| Description |
Upon consideration of Appellee Burger King Corporation's Motion for Award of Appellate Attorney's Fees, it is ordered that said Motion is conditionally granted, subject to a determination pursuant to Florida Rule of Civil Procedure 1.442 and section 768.79, Florida Statutes.
EMAS, SCALES and GORDO, JJ., concur.
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| View |
View File
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| Docket Date |
2024-06-19
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| Type |
Disposition by Opinion
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| Subtype |
Affirmed
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| Description |
Affirmed.
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| View |
View File
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| Docket Date |
2024-04-03
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| Type |
Order
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| Subtype |
Order on Motion for Leave to File Reply
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| Description |
Appellee, Burger King Corporation's objection is noted. Appellants' Motion for Leave to File Reply is granted, and the Reply Brief filed simultaneously with the motion stands as filed.
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| View |
View File
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| Docket Date |
2024-04-01
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to Serve Reply Brief
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| Description |
Motion for Leave to file Reply [Reply Brief attached]
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| On Behalf Of |
Raymond Ortega
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| Docket Date |
2024-02-14
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| Type |
Response
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| Subtype |
Response
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| Description |
Appellant's Response in Opposition to Appellees' Motion for Attorney's Fees
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| On Behalf Of |
Raymond Ortega
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| Docket Date |
2024-02-05
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| Type |
Motions Relating to Attorney Fees/Costs
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| Subtype |
Motion For Attorney's Fees
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| Description |
Appellee Motion For Attorney's Fees
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| On Behalf Of |
Burger King Corporation
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| Docket Date |
2024-01-25
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| Type |
Brief
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| Subtype |
Answer Brief
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| Description |
Answer Brief
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| On Behalf Of |
Burger King Corporation
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| View |
View File
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| Docket Date |
2023-12-07
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| Type |
Order
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| Subtype |
Order on Agreed Extension of Time
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| Description |
Order on Agreed Extension of Time to Serve Answer Brief - 50 days to 01/25/2024 (GRANTED)
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| Docket Date |
2023-12-07
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| Type |
Notice
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| Subtype |
Notice of Agreed Extension of Time
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| Description |
Burger King Corporation's Amended Notice of Agreed Extension of Time to Serve Answer Brief
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| On Behalf Of |
Burger King Corporation
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|
| Docket Date |
2023-12-06
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| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
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| Description |
Notice of Agreed Extension of Time
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| On Behalf Of |
Burger King Corporation
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|
| Docket Date |
2023-11-07
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| Type |
Record
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| Subtype |
Appendix
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| Description |
Appendix to Appellant's Initial Brief
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| On Behalf Of |
Raymond Ortega
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|
| Docket Date |
2023-11-07
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| Type |
Brief
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| Subtype |
Initial Brief
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| Description |
Initial Brief on the Merits
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| On Behalf Of |
Raymond Ortega
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| View |
View File
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|
| Docket Date |
2024-07-15
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| Type |
Response
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| Subtype |
Response
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| Description |
Appellee's Response to Appellant's Motion for Rehearing EN Banc
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| On Behalf Of |
Burger King Corporation
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| View |
View File
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|
| Docket Date |
2023-10-30
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| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
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| On Behalf Of |
Raymond Ortega
|
|
| Docket Date |
2023-10-24
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| Type |
Order
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| Subtype |
Order on Agreed Extension of Time
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| Description |
Order on Agreed Extension of Time - IB - 7 days to 10/30/2023.
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| View |
View File
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| Docket Date |
2023-10-23
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| Type |
Notice
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| Subtype |
Notice of Agreed Extension of Time
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| Description |
Amended Notice of Agreed Extension of Time
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| On Behalf Of |
Raymond Ortega
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|
| Docket Date |
2023-10-23
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| Type |
Order
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| Subtype |
Order on Agreed Extension of Time
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| Description |
Order on Agreed Extension of Time - IB - 7 days to 10/30/2023.
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| View |
View File
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| Docket Date |
2023-10-20
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| Type |
Notice
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| Subtype |
Notice of Agreed Extension of Time
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| Description |
Notice of Agreed Extension of Time
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| On Behalf Of |
Raymond Ortega
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|
| Docket Date |
2023-09-29
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| Type |
Notice
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| Subtype |
Notice
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| Description |
Appellee, Burger King Corporation's Notice of Substitution of Counsel within same Firm and Amended Designation of E-Mail Addresses
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| On Behalf Of |
Burger King Corporation
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|
| Docket Date |
2023-09-26
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| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
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| Description |
Notice of Agreed Extension of Time
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| On Behalf Of |
Raymond Ortega
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|
| Docket Date |
2023-08-11
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| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
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| Description |
Notice of Agreed Extension of Time
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| On Behalf Of |
Raymond Ortega
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|
| Docket Date |
2023-08-11
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| Type |
Order
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| Subtype |
Order on Motion for Extension of Time
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| Description |
Recognizing Agreed Extension of Time ~ IB-30 days to 09/28/2023
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|
| Docket Date |
2023-07-11
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| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
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| Description |
Amended Notice of Appeal
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| On Behalf Of |
Raymond Ortega
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|
| Docket Date |
2023-07-06
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| Type |
Record
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| Subtype |
Supplemental Record
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| Description |
Supplemental Records
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| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2023-06-30
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| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
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| Description |
Clerk Ordered to Supplement Record (OG13A) ~ Appellee Burger King Corporation's Unopposed Motion to Supplement the Record on Appeal, filed on June 28, 2023, is granted, and the clerk of the trial court is directed to supplement the record on appeal with the transcripts as stated in said Motion, within twenty (20) days from the date of this Order.
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| Docket Date |
2023-06-30
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| Type |
Record
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| Subtype |
Record on Appeal Confidential
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| Description |
Confidential Records ~ Sealed Pleadings
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| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2023-06-28
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| Type |
Motions Relating to Records
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| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement the Record
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| On Behalf Of |
Burger King Corporation
|
|
| Docket Date |
2023-06-27
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| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB-60 days to 08/29/2023
|
|
| Docket Date |
2023-06-27
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| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
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| On Behalf Of |
Raymond Ortega
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|
| Docket Date |
2023-05-05
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| Type |
Notice
|
| Subtype |
Notice of Appearance
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| Description |
Notice of Appearance
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| On Behalf Of |
Burger King Corporation
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|
| Docket Date |
2023-04-26
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| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
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| On Behalf Of |
Raymond Ortega
|
|
| Docket Date |
2023-04-24
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| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee-civil w/atty (OR14B) ~ This is to notify counsel for Appellants that the filing and prosecution of a notice of appeal in this Court is not acceptable without compliance with the Florida Rules of Appellate Procedure. Therefore, this appeal will be dismissed unless the required three hundred dollar ($300.00) fee is paid to the Clerk of the Court on or before May 4, 2023.
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| Docket Date |
2023-04-24
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| Type |
Notice
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| Subtype |
Notice of Appeal Transmittal Form
|
| Description |
Notice of Transmittal--NOA
|
| On Behalf Of |
Burger King Corporation
|
|
| Docket Date |
2023-04-24
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| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
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| On Behalf Of |
Raymond Ortega
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|
| Docket Date |
2023-04-24
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| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case letter with attachments. The 3DCA $300 filing fee for a notice of appeal is due.
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| Docket Date |
2023-09-26
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| Type |
Order
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| Subtype |
Order on Agreed Extension of Time
|
| Description |
Order on Agreed Extension of Time- IB - 25 days to 10/23/2023.
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| On Behalf Of |
Raymond Ortega
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| View |
View File
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| Docket Date |
2024-08-15
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| Type |
Order
|
| Subtype |
Order on Motion for Rehearing En Banc
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| Description |
Appellee Burger King Corporation's Response to Appellants' Motion for Rehearing En Banc, filed on July 15, 2024, is noted.
Upon consideration, Appellants' Motion for Rehearing En Banc is treated as having included a motion for rehearing. The motion for rehearing is hereby denied.
EMAS, SCALES and GORDO, JJ., concur.
The Motion for Rehearing En Banc is, likewise, denied.
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| View |
View File
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| Docket Date |
2023-10-30
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| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
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| Description |
Order on Agreed Extension of Time - IB - 5 days to 11/03/2023.
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| View |
View File
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MARIE POLYNICE, VS BURGER KING CORPORATION,
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3D2021-0896
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2021-04-08
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Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
14-522
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Parties
| Name |
MARIE POLYNICE
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
THERESA L. GIRTEN, LAURI WALDMAN ROSS, Sina Negahbani
|
|
| Name |
BURGER KING CORPORATION
|
| Role |
Appellee
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| Status |
Active
|
| Representations |
JENNIFER PEREZ ALONSO, CHRISTOPHER D. BROWN, SHERRIL M. COLOMBO
|
|
| Name |
Hon. Mavel Ruiz
|
| Role |
Judge/Judicial Officer
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| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
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Docket Entries
| Docket Date |
2022-10-21
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| Type |
Motions Other
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| Subtype |
Miscellaneous Motion
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| Description |
Miscellaneous Motion Granted (OG999) ~ Appellee’s Unopposed Motion to Release Bond Number 106873323 is granted as stated in the Motion. FERNANDEZ, C.J., and LINDSEY and LOBREE, JJ., concur.
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| Docket Date |
2022-10-20
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| Type |
Motions Other
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| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ UNOPPOSED MOTION TO RELEASE BOND NUMBER 10687332
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| On Behalf Of |
BURGER KING CORPORATION
|
|
| Docket Date |
2022-10-19
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Clarification
|
| Description |
Motion For Clarification
|
| On Behalf Of |
MARIE POLYNICE
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|
| Docket Date |
2022-10-12
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| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Attorney Fees Granted (OG47) ~ Upon consideration of Appellant’s Amended Motion for Appellate Attorney’s Fees, it is ordered that said Motion is conditionally granted. The amount is to be determined by the trial court at the conclusion of the case below, if Appellant ultimately prevails.
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|
| Docket Date |
2022-10-12
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Opinion
|
|
| Docket Date |
2022-09-13
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ 3DCA
|
|
| Docket Date |
2022-09-07
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
BURGER KING CORPORATION
|
|
| Docket Date |
2022-07-14
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| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ NOTICE OF ACKNOWLEDGMENT
|
| On Behalf Of |
MARIE POLYNICE
|
|
| Docket Date |
2021-04-08
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case letter with attachments. The 3DCA $300 filing fee for a notice of appeal is due.
|
|
| Docket Date |
2022-11-10
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2022-11-10
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2022-10-25
|
| Type |
Order
|
| Subtype |
Order on Motion For Clarification
|
| Description |
Grant Clarification (OG54) ~ Upon consideration, Appellant’s Motion for Clarification is hereby granted. See Ed Ricke & Sons, Inc. v. Green, 609 So. 2d 504, 507 (Fla. 1992) (“An order directing a new trial has the effect of vacating the proceeding and leaving the case as though no trial had been had” … “[w]e find that newly discovered evidence or alternative claims or defenses, whether presented by a plaintiff or a defendant, should be allowed to be presented in any subsequent trial of a cause.”). FERNANDEZ, C.J., and LINDSEY and LOBREE, JJ., concur.
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|
| Docket Date |
2022-07-13
|
| Type |
Notice
|
| Subtype |
Notice of Oral Argument
|
| Description |
Notice of Oral Argument ~ The above-styled cause will be set for oral argument on TUESDAY, SEPTEMBER 13, 20221 at 9:30 A.M., before the Third District Court of Appeal, which is located at 2001 S.W. 117 Avenue, Miami, Florida 33175-1716.All counsel and self-represented parties (if applicable) who will appear to argue this cause before the Court must complete and return the attached Notice of Acknowledgment within seven (7) days of this Notice. The parties will be allowed FILLIN "10, 15 or 20 minutes" \* MERGEFORMAT fifteen (15) minutes per side to present their arguments. PLEASE NOTE THIS NOTICE AND THE ATTACHED ACKNOWLEDGEMENT FORM HAVE CHANGED. PLEASE READ CAREFULLY. THE PARTIES MAY SELECT IN-PERSON OR REMOTE APPEARANCE. COUNSEL (AND SELF-REPRESENTED PARTIES, IF APPLICABLE) MUST CONFER AND SEEK AGREEMENT UPON THE METHOD OF APPEARANCE (IN-PERSON OR REMOTE) PRIOR TO COMPLETING AND RETURNING THE ATTACHED NOTICE OF ACKNOWLEDGEMENT FORM. Upon receipt of the acknowledgement form, the Court shall send out a notice of in-person (if all parties agree to appear in-person), remote (if all parties agree to appear remotely), or hybrid (if one or more parties will appear in-person, but other(s) will appear remotely) oral argument.It is your responsibility to contact the Clerk’s office if you do not receive a notice reflecting the specific date and time for oral argument 7 days before the week specified above. If this is a criminal appeal, in compliance with Marsy’s Law, the State of Florida is hereby directed to provide notice of this oral argument to the victims, as defined by Marsy’s Law. The Court reserves the right to remove the case from the oral argument calendar at any time before the date of oral argument. Additionally, the Court reserves the right to change the date, time, and method of appearance of the oral argument. Please review any amended or updated notice carefully. Similar or related cases should be brought to the attention of the Oral Argument Clerk at (305) 229-3200 ext. 3258. Absence of counsel at the time this case is called shall be deemed a waiver of oral argument.
|
|
| Docket Date |
2022-04-06
|
| Type |
Order
|
| Subtype |
Order Dispensing with Oral Argument
|
| Description |
Cause Removed from O/A calendar (OG55) ~ Appellee’s Motion to Reschedule Oral Argument is hereby granted. This cause is removed from the oral argument calendar for the week of June 6, 2022. The Court may, or may not, reset this matter for oral argument at a later date.FERNANDEZ, C.J., and LINDSEY and LOBREE, JJ., concur.
|
|
| Docket Date |
2022-03-31
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion For Continuation of Oral Argument
|
| Description |
Motion For Continuation of Oral Argument ~ MOTION TO RESCHEDULE ORAL ARGUMENT
|
| On Behalf Of |
BURGER KING CORPORATION
|
|
| Docket Date |
2022-03-29
|
| Type |
Notice
|
| Subtype |
Notice of Oral Argument
|
| Description |
Notice of Oral Argument ~ The above-styled cause will be set for oral argument during the week of June 6, 2022, before the Third District Court of Appeal, which is located at 2001 S.W. 117 Avenue, Miami, Florida 33175-1716.All counsel and self-represented parties (if applicable) who will appear to argue this cause before the Court must complete and return the attached Notice of Acknowledgment within seven (7) days of this Notice. The parties will be allowed FILLIN "10, 15 or 20 minutes" \* MERGEFORMAT fifteen (15) minutes per side to present their arguments. PLEASE NOTE THIS NOTICE AND THE ATTACHED ACKNOWLEDGEMENT FORM HAVE CHANGED. PLEASE READ CAREFULLY. THE PARTIES MAY SELECT IN-PERSON OR REMOTE APPEARANCE. COUNSEL (AND SELF-REPRESENTED PARTIES, IF APPLICABLE) MUST CONFER AND SEEK AGREEMENT UPON THE METHOD OF APPEARANCE (IN-PERSON OR REMOTE) PRIOR TO COMPLETING AND RETURNING THE ATTACHED NOTICE OF ACKNOWLEDGEMENT FORM. Upon receipt of the acknowledgement form, the Court shall send out a notice of in-person (if all parties agree to appear in-person), remote (if all parties agree to appear remotely), or hybrid (if one or more parties will appear in-person, but other(s) will appear remotely) oral argument.It is your responsibility to contact the Clerk’s office if you do not receive a notice reflecting the specific date and time for oral argument 7 days before the week specified above. If this is a criminal appeal, in compliance with Marsy’s Law, the State of Florida is hereby directed to provide notice of this oral argument to the victims, as defined by Marsy’s Law. The Court reserves the right to remove the case from the oral argument calendar at any time before the date of oral argument. Additionally, the Court reserves the right to change the date, time, and method of appearance of the oral argument. Please review any amended or updated notice carefully. Similar or related cases should be brought to the attention of the Oral Argument Clerk at (305) 229-3200 ext. 3258. Absence of counsel at the time this case is called shall be deemed a waiver of oral argument.
|
| On Behalf Of |
MARIE POLYNICE
|
|
| Docket Date |
2022-02-23
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
MARIE POLYNICE
|
|
| Docket Date |
2022-01-31
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
BURGER KING CORPORATION
|
|
| Docket Date |
2022-01-28
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
BURGER KING CORPORATION
|
|
| Docket Date |
2021-11-30
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ AB-45 days to 1/28/2022
|
|
| Docket Date |
2021-11-30
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
BURGER KING CORPORATION
|
|
| Docket Date |
2021-10-11
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ AB-60 days to 12/17/2021
|
|
| Docket Date |
2021-10-11
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
BURGER KING CORPORATION
|
|
| Docket Date |
2021-09-29
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ APPELLANT'S AMENDED MOTION FOR APPELLATEATTORNEY'S FEES
|
| On Behalf Of |
MARIE POLYNICE
|
|
| Docket Date |
2021-09-17
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ APPELLANT'S MOTION FOR APPELLATE ATTORNEY'S FEES
|
| On Behalf Of |
MARIE POLYNICE
|
|
| Docket Date |
2021-09-17
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
MARIE POLYNICE
|
|
| Docket Date |
2021-09-17
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Motion For Oral Argument ~ REQUEST FOR ORAL ARGUMENT
|
| On Behalf Of |
MARIE POLYNICE
|
|
| Docket Date |
2021-08-17
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB-30 days to 9/17/2021
|
|
| Docket Date |
2021-08-16
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
MARIE POLYNICE
|
|
| Docket Date |
2021-08-02
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB-30 days to 8/18/21
|
|
| Docket Date |
2021-07-12
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
MARIE POLYNICE
|
|
| Docket Date |
2021-06-15
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
MARIE POLYNICE
|
|
| Docket Date |
2021-06-15
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB-30 days to 7/17/21
|
|
| Docket Date |
2021-06-03
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2021-05-24
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Mot to Supplement Rec w/attachment Granted (OG13) ~ Appellee’s Motion to Supplement the Record, filed on May 20, 2021, is granted, and the record on appeal is supplemented to include the transcript that is attached to said Motion.
|
|
| Docket Date |
2021-05-20
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement the Record
|
| On Behalf Of |
BURGER KING CORPORATION
|
|
| Docket Date |
2021-04-27
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER (OR999) ~ Appellant’s April Status Report filed on April 23, 2021, is noted. The abatement period entered on October 9, 2020, is hereby lifted, and the appeal shall proceed.
|
|
| Docket Date |
2021-04-16
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
Consolidation Granted--record only (OG24A) ~ Upon consideration of the motion of the appellant, it is ordered that the above-referenced appeals are hereby consolidated for record purposes and traveling together.
|
|
| Docket Date |
2021-04-16
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
MARIE POLYNICE
|
|
| Docket Date |
2021-04-14
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate
|
| On Behalf Of |
MARIE POLYNICE
|
|
| Docket Date |
2021-04-12
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar or Related Case
|
| On Behalf Of |
MARIE POLYNICE
|
|
| Docket Date |
2021-04-08
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee-civil w/atty (OR14B) ~ This is to notify counsel for Appellant that the filing and prosecution of a notice of appeal in this Court is not acceptable without compliance with the Florida Rules of Appellate Procedure. Therefore, this appeal will be dismissed unless the required three hundred dollar ($300.00) fee is paid to the Clerk of the Court on or before April 18, 2021.
|
|
| Docket Date |
2021-04-08
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
MARIE POLYNICE
|
|
| Docket Date |
2021-04-08
|
| Type |
Notice
|
| Subtype |
Notice of Appeal Transmittal Form
|
| Description |
Notice of Transmittal--NOA
|
| On Behalf Of |
BURGER KING CORPORATION
|
|
|
|
BURGER KING CORPORATION, VS MARIE POLYNICE,
|
3D2019-2490
|
2019-12-24
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
14-522
|
Parties
| Name |
BURGER KING CORPORATION
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
CHRISTOPHER D. BROWN, JENNIFER PEREZ ALONSO, JENNA RINEHART RASSIF, BRIDGETTE N. THORNTON
|
|
| Name |
MARIE POLYNICE
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
LAURI WALDMAN ROSS, THERESA L. GIRTEN, Sina Negahbani
|
|
| Name |
Hon. Mavel Ruiz
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-06-10
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2021-06-10
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-05-21
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2021-05-21
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Appeal Dismissed by the Court (DA11) ~ Appellant’s Response to Appellee’s Motion to Dismiss is noted. Upon consideration of Appellee’s Motion to Dismiss Appeal as Moot, it is ordered that the above-styled appeal is hereby dismissed as stated in the Motion. The joint request for the Record on Appeal in case no. 3D19-2490 to be retained for use in case no. 3D21-896 is granted. Appellee’s Motion for Appellate Fees is hereby denied.
|
|
| Docket Date |
2021-05-19
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANT'S RESPONSE TO APPELLEE'S MOTION TO DISMISS
|
| On Behalf Of |
BURGER KING CORPORATION
|
|
| Docket Date |
2021-05-06
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss ~ MOTION TO DISMISS APPEAL AS MOOT
|
| On Behalf Of |
MARIE POLYNICE
|
|
| Docket Date |
2021-04-27
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER (OR999) ~ Appellant’s April Status Report filed on April 23, 2021, is noted. The abatement period entered on October 9, 2020, is hereby lifted, and the appeal shall proceed.
|
|
| Docket Date |
2021-04-23
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
BURGER KING CORPORATION
|
|
| Docket Date |
2021-04-19
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
MARIE POLYNICE
|
|
| Docket Date |
2021-04-16
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
Consolidation Granted--record only (OG24A) ~ Upon consideration of the motion of the appellant, it is ordered that the above-referenced appeals are hereby consolidated for record purposes and traveling together.
|
|
| Docket Date |
2021-03-24
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER (OR999) ~ Appellant's Fourth Status Report filed on March 19, 2021, isnoted. The appeal shall continue to be held in abeyance. Appellant shallfile a status report, within thirty (30) days from the date of this Order,regarding the pendency or disposition of any pending post-judgmentmotions addressing the March 8, 2021, order granting a new trial.
|
|
| Docket Date |
2021-03-19
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ APPELLANT'S FOURTH STATUS REPORT
|
| On Behalf Of |
BURGER KING CORPORATION
|
|
| Docket Date |
2021-02-17
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER (OR999) ~ The Status Report filed on February 15, 2021, is noted. The trial court is respectfully requested to issue an order on the pending post-judgment motions within thirty (30) days from the date of this Order. Appellant shall file a status report no later than thirty (30) days from the date of this Order.
|
|
| Docket Date |
2021-02-15
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
BURGER KING CORPORATION
|
|
| Docket Date |
2021-01-15
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
File Status Report (OR03) ~ Appellant's Third Status Report filed on January 13, 2021, is noted.The appeal shall continue to be held in abeyance, and Appellant is hereby ordered to file a further status report in this cause within thirty (30) days from the date from this Order.
|
|
| Docket Date |
2021-01-13
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ APPELLANT'S THIRD STATUS REPORT
|
| On Behalf Of |
BURGER KING CORPORATION
|
|
| Docket Date |
2020-12-14
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
File Status Report (OR03) ~ Appellant's Status Report filed on December 11, 2020, is noted. Appellant is requested to file a further status report in this cause within thirty (30) days from the date from this Order.
|
|
| Docket Date |
2020-12-11
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ APPELLANT'S SECOND STATUS REPORT
|
| On Behalf Of |
BURGER KING CORPORATION
|
|
| Docket Date |
2020-11-12
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
File Status Report (OR03) ~ Appellant's Status Report filed on November 6, 2020, is noted. Appellant is requested to file a status report in this cause within thirty (30) days from the date from this Order.
|
|
| Docket Date |
2020-11-06
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
BURGER KING CORPORATION
|
|
| Docket Date |
2020-10-09
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion Granted (OG999) ~ Appellant's Motion to Hold Case in Abeyance is granted, and the appeal is held in abeyance until the filing of a written order disposing of timely, and authorized post-judgment motions, pending in the trial court. Appellant shall file a report with this Court every thirty (30) days updating the status of the pending post-judgment motions.
|
|
| Docket Date |
2020-10-07
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLEE'S RESPONSE TOAPPELLANT'S MOTION TO HOLD CASE IN ABEYANCE
|
| On Behalf Of |
MARIE POLYNICE
|
|
| Docket Date |
2020-10-05
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ APPELLANT'S MOTION TO HOLD CASE IN ABEYANCE
|
| On Behalf Of |
BURGER KING CORPORATION
|
|
| Docket Date |
2020-09-21
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Extension granted to file reply brief (OG05) ~ Appellant’s Unopposed Motion for an Extension of Time to file the reply brief is granted to and including November 7, 2020.
|
|
| Docket Date |
2020-09-18
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief
|
| On Behalf Of |
BURGER KING CORPORATION
|
|
| Docket Date |
2020-09-07
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ APPELLEE'S MOTION FOR APPELLATE FEES
|
| On Behalf Of |
MARIE POLYNICE
|
|
| Docket Date |
2020-09-07
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
MARIE POLYNICE
|
|
| Docket Date |
2020-08-13
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ AB-18 days to 9/07/2020
|
|
| Docket Date |
2020-08-13
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
MARIE POLYNICE
|
|
| Docket Date |
2020-06-23
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ AB-60 days to 8/20/20
|
|
| Docket Date |
2020-06-22
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
MARIE POLYNICE
|
|
| Docket Date |
2020-06-05
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Motion For Oral Argument ~ APPELLEE'S REQUST FOR ORAL ARGUMENT
|
| On Behalf Of |
BURGER KING CORPORATION
|
|
| Docket Date |
2020-05-22
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ APPENDIX FOR INITIAL BRIEFOF BURGER KING CORPORATION
|
| On Behalf Of |
BURGER KING CORPORATION
|
|
| Docket Date |
2020-05-22
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits ~ ITIAL BRIEF OF APPELLANT BURGER KING CORPORATION
|
| On Behalf Of |
BURGER KING CORPORATION
|
|
| Docket Date |
2020-05-12
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB-7 days to 5/22/20
|
|
| Docket Date |
2020-05-12
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
BURGER KING CORPORATION
|
|
| Docket Date |
2020-04-21
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Mot to Supplement Rec w/attachment Granted (OG13) ~ Appellant’s Unopposed Motion to Supplement the Record, filed on April 20, 2020, is granted, and the record on appeal is supplemented to include the transcripts that are attached to said Motion.
|
|
| Docket Date |
2020-04-20
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement the Record
|
| On Behalf Of |
BURGER KING CORPORATION
|
|
| Docket Date |
2020-04-20
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
BURGER KING CORPORATION
|
|
| Docket Date |
2020-04-20
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB-14 days to 5/15/20
|
|
| Docket Date |
2020-03-06
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2020-02-24
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB-60 days to 5/1/20
|
|
| Docket Date |
2020-02-21
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time ~ APPELLANT'S NOTICE OF AGREEMENT TO EXTENSION OF TIME TO FILE INITIAL BRIEF
|
| On Behalf Of |
BURGER KING CORPORATION
|
|
| Docket Date |
2019-12-30
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar or Related Case
|
| On Behalf Of |
BURGER KING CORPORATION
|
|
| Docket Date |
2019-12-24
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2019-12-24
|
| Type |
Notice
|
| Subtype |
Notice of Appeal Transmittal Form
|
| Description |
Notice of Transmittal--NOA
|
| On Behalf Of |
MARIE POLYNICE
|
|
| Docket Date |
2019-12-24
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. ** The $300 filing fee for a notice of appeal is due.
|
|
|
|
LAMINGTON RESOURCES, INC., et al., VS BURGER KING CORPORATION
|
3D2015-2801
|
2015-12-10
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
14-32088
|
Parties
| Name |
LAMINGTON RESOURCES, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
MARK A. SCHWEIKERT, RONALD P. WEIL
|
|
| Name |
BK CENTROAMERICA CAYMAN, LTD.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
BK CENTROAMERICA S.R.L.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
BURGER KING CORPORATION
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
NINA GREENE, MICHAEL D. JOBLOVE
|
|
| Name |
HON. JOHN W. THORNTON, JR.
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2015-12-10
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
DM:No Fee - Case Dismissed
|
|
| Docket Date |
2016-02-05
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
LAMINGTON RESOURCES, INC.
|
|
| Docket Date |
2015-12-28
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Extension Granted for Initial Brief (OGO3) ~ Appellants¿ motion for an extension of time to file the initial brief and pay the filing fee is granted to and including February 5, 2016.
|
|
| Docket Date |
2016-02-09
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2016-02-09
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2016-02-09
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2016-02-09
|
| Type |
Notice
|
| Subtype |
Voluntary Dismissal
|
| Description |
Voluntary Dismissal Recognized (OG33) ~ ORDERED that appellants' notice of voluntary dismissal is recognized by the Court, and this appeal from the Circuit Court for Miami-Dade County, Florida is hereby dismissed.
|
|
| Docket Date |
2015-12-22
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ and pay filing fee
|
| On Behalf Of |
LAMINGTON RESOURCES, INC.
|
|
| Docket Date |
2015-12-17
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee-civil w/atty (OR14B) ~ This is to notify counsel for appellants that the filing and prosecution of a notice of appeal in this Court is not acceptable without compliance with the Florida Rules of Appellate Procedure. Therefore, this appeal will be dismissed unless the required three hundred ($300.00) dollar fee is paid to the Clerk of the Court on or before December 27, 2015.
|
|
| Docket Date |
2015-12-10
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. ** The $300 filing fee for appeal is due.
|
|
| Docket Date |
2015-12-10
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ PRIOR CASES: 15-2272, 15-751
|
| On Behalf Of |
LAMINGTON RESOURCES, INC.
|
|
|
|
BURGER KING CORPORATION, VS ANGEL LUIS LASTRE-TORRES,
|
3D2015-2104
|
2015-09-14
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
12-42509
|
Parties
| Name |
BURGER KING CORPORATION
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
DAVID B. SHELTON, CANDY L. MESSERSMITH, ROBERT V. FITZSIMMONS
|
|
| Name |
ANGEL LUIS LASTRE-TORRES
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
KEITH CHASIN
|
|
| Name |
Hon. Jorge E. Cueto
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2016-09-07
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed in Part/Reversed in Part
|
| Description |
Affirmed in Part/Reversed in Part - Authored Opinion ~ and Remanded.
|
|
| Docket Date |
2016-09-07
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Attorney Fees Granted (OG47) ~ Upon consideration, appellee's motion for attorney's fees is granted solely with respect to the hours expended in defending the appeal of the issues upon which he prevailed on appeal. The cause is remanded to the trial court to determine the amount of such fees.
|
|
| Docket Date |
2016-08-18
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing
|
| On Behalf Of |
ANGEL LUIS LASTRE-TORRES
|
|
| Docket Date |
2016-06-14
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ 3rd DCA
|
|
| Docket Date |
2016-10-21
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2016-10-21
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2016-10-04
|
| Type |
Order
|
| Subtype |
Order on Motion for Reconsideration/Rehearing of an Order
|
| Description |
Rehearing denied (OD57) ~ Upon consideration, appellant¿s motion for rehearing and clarification of court¿s order granting appellee¿s motion for attorney¿s fees is hereby denied. ROTHENBERG, EMAS and FERNANDEZ, JJ., concur.
|
|
| Docket Date |
2016-09-21
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE
|
| On Behalf Of |
ANGEL LUIS LASTRE-TORRES
|
|
| Docket Date |
2016-09-13
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing ~ and clarification
|
| On Behalf Of |
BURGER KING CORPORATION
|
|
| Docket Date |
2016-04-08
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
BURGER KING CORPORATION
|
|
| Docket Date |
2016-03-14
|
| Type |
Notice
|
| Subtype |
Notice of Oral Argument
|
| Description |
Notice of Oral Argument
|
|
| Docket Date |
2016-03-09
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
BURGER KING CORPORATION
|
|
| Docket Date |
2016-02-22
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
ANGEL LUIS LASTRE-TORRES
|
|
| Docket Date |
2016-02-19
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
ANGEL LUIS LASTRE-TORRES
|
|
| Docket Date |
2016-01-12
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief
|
| On Behalf Of |
ANGEL LUIS LASTRE-TORRES
|
|
| Docket Date |
2015-12-11
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE
|
| On Behalf Of |
BURGER KING CORPORATION
|
|
| Docket Date |
2015-12-03
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
ANGEL LUIS LASTRE-TORRES
|
|
| Docket Date |
2015-11-16
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
BURGER KING CORPORATION
|
|
| Docket Date |
2015-11-12
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal ~ 3 VOLUMES ( XVI - XVII - XVIII ).
|
|
| Docket Date |
2015-11-03
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Extension Granted for Initial Brief (OGO3) ~ Appellant¿s motion for an extension of time to file the initial brief is granted to and including November 15, 2015.
|
|
| Docket Date |
2015-11-02
|
| Type |
Response
|
| Subtype |
Objection
|
| Description |
Objection
|
| On Behalf Of |
ANGEL LUIS LASTRE-TORRES
|
|
| Docket Date |
2015-10-13
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
BURGER KING CORPORATION
|
|
| Docket Date |
2015-10-01
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
Consolidations Granted--all purpose (OG24) ~ Upon unopposed motion of appellant, it is ordered that case no. 3D15-2104 is hereby consolidated with the above referenced appeals for all appellate purposes under case no. 3D15-1523.
|
|
| Docket Date |
2015-09-25
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate
|
| On Behalf Of |
BURGER KING CORPORATION
|
|
| Docket Date |
2015-09-25
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ of similar or related case
|
| On Behalf Of |
BURGER KING CORPORATION
|
|
| Docket Date |
2015-09-15
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. ** The $300 filing fee for appeal is due.
|
|
| Docket Date |
2015-09-14
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2015-09-14
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ Prior cases: 15-1523, 15-1007
|
| On Behalf Of |
BURGER KING CORPORATION
|
|
|
|
SOUFIA AMALEK VS BURGER KING CORPORATION, ET AL.
|
SC2015-0606
|
2015-04-02
|
Closed
|
|
| Classification |
Discretionary Review - Notice to Invoke - Direct Conflict of Decisions
|
| Court |
Supreme Court of Florida
|
| Originating Court |
Unknown Court
1D14-988
Unknown Court
00-015022
|
Parties
| Name |
SOUFIA AMALEK
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
BROADSPIRE
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
BURGER KING CORPORATION
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
STEPHANIE RENAE DANIELLE HAYES, CARLOS MIGUEL MARTINEZ, JR.
|
|
| Name |
HON. NEAL P. PITTS, JUDGE
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Jon S. Wheeler
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2015-04-07
|
| Type |
Letter-Case
|
| Subtype |
Acknowledgment Letter-New Case
|
| Description |
ACKNOWLEDGMENT LETTER-NEW CASE
|
|
| Docket Date |
2015-04-07
|
| Type |
Disposition
|
| Subtype |
**DISP-REV DISM NO JURIS (JACKSON/JENKINS)
|
| Description |
DISP-REV DISM NO JURIS (JACKSON/JENKINS) ~ Having determined that this Court is without jurisdiction, this case is hereby dismissed. See Jackson v. State, 926 So. 2d 1262 (Fla. 2006); Jenkins v. State, 385 So. 2d 1356 (Fla. 1980). No motion for rehearing or reinstatement will be entertained by the Court.
|
|
| Docket Date |
2015-04-07
|
| Type |
Event
|
| Subtype |
No Fee - Insolvent
|
| Description |
No Fee - Insolvent ~ INSOLVENT BELOW
|
|
| Docket Date |
2015-04-02
|
| Type |
Notice
|
| Subtype |
Invoke Discretionary Jurisdiction
|
| Description |
NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT) ~ FILED AS A "MOTION TO APPEAL THE DISTRICT COURT OF APPEAL MANDATE AND OPINION" & TREATED AS A NOTICE- DISCRETIONARY JURIS (DIRECT CONFLICT)
|
| On Behalf Of |
SOUFIA AMALEK
|
|
| Docket Date |
2015-04-02
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NI:No Fee - Insolvent
|
|
|
