|
Robert Jagow, Appellant(s), v. CSX Transportation, Inc., Appellee(s).
|
5D2024-3216
|
2024-11-21
|
Open
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
5th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fourth Judicial Circuit, Duval County
2021-CA-005271
|
Parties
| Name |
Robert Jagow
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Alisa D Wilkes, Chester H Lauck, III
|
|
| Name |
CSX TRANSPORTATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Daniel John Fleming
|
|
| Name |
Hon. Robert Michael Dees
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Duval Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-11-22
|
| Type |
Event
|
| Subtype |
Fee Paid Through Portal
|
| Description |
Fee Paid Through Portal
|
| View |
View File
|
|
| Docket Date |
2024-11-21
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order on Filing Fee
|
| View |
View File
|
|
| Docket Date |
2024-11-21
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-11-21
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal - Filed Below 11/19/2024
|
| On Behalf Of |
Robert Jagow
|
|
| Docket Date |
2024-12-05
|
| Type |
Order
|
| Subtype |
Order Declining Referral to Mediation
|
| Description |
Order Declining Referral to Mediation
|
| View |
View File
|
|
|
|
Keith A. Scarlet, Appellant(s), v. CSX Transportation, Inc., Appellee(s).
|
5D2024-2665
|
2024-09-24
|
Open
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
5th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fourth Judicial Circuit, Duval County
2023-CA-000671
|
Parties
| Name |
Keith A. Scarlet
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Carmen Anthony DeGisi
|
|
| Name |
CSX TRANSPORTATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Michael Payne Milton
|
|
| Name |
Hon. Gilbert Lee Feltel, Jr.
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Duval Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-10-15
|
| Type |
Order
|
| Subtype |
Order Declining Referral to Mediation
|
| Description |
Order Declining Referral to Mediation
|
| View |
View File
|
|
| Docket Date |
2024-09-24
|
| Type |
Event
|
| Subtype |
Fee Paid Through Portal
|
| Description |
Fee Paid Through Portal
|
| View |
View File
|
|
| Docket Date |
2024-09-24
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-09-24
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal - Filed Below 9/23/2024
|
| On Behalf Of |
Keith A. Scarlet
|
|
| Docket Date |
2025-01-06
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Record- 147 pages
|
| On Behalf Of |
Duval Clerk
|
|
| Docket Date |
2024-12-19
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Order on Motion to Supplement Record DUE 1/9/25
|
| View |
View File
|
|
| Docket Date |
2024-12-19
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement Record- JOINT
|
| On Behalf Of |
Keith A. Scarlet
|
|
| Docket Date |
2024-12-18
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension of Time - Initial Brief to 1/23
|
| On Behalf Of |
Keith A. Scarlet
|
|
| Docket Date |
2024-12-02
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal; 1919 pages
|
| On Behalf Of |
Duval Clerk
|
|
| Docket Date |
2024-09-24
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order on Filing Fee
|
| View |
View File
|
|
|
|
Zachariah Giuliano, Appellant(s), v. CSX Transportation, Inc., Appellee(s).
|
5D2024-2481
|
2024-09-06
|
Open
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
5th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fourth Judicial Circuit, Duval County
16-2017-CA-6988
|
Parties
| Name |
CSX TRANSPORTATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Michael Payne Milton
|
|
| Name |
Hon. Virginia Baker Norton
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Duval Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Zachariah Giuliano
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Carmen Anthony DeGisi, Thomas J. Joyce, III
|
|
Docket Entries
| Docket Date |
2024-11-07
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal- 2748 pages
|
| On Behalf Of |
Duval Clerk
|
|
| Docket Date |
2024-10-24
|
| Type |
Event
|
| Subtype |
Fee Paid-Pro Hac Vice
|
| Description |
PRO HAC VICE FEE PAID
|
| View |
View File
|
|
| Docket Date |
2024-10-24
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Order; ATTY THOMAS J. JOYCE, III, W/IN 10 DYS TENDER $100 APPEARANCE FEE; UPON SO, MOT WILL BE ACTED UPON...
|
| View |
View File
|
|
| Docket Date |
2024-10-23
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion to Appear Pro Hac Vice
|
| Description |
Motion to Appear Pro Hac Vice- FOR THOMAS J. JOYCE III, ESQUIRE
|
| On Behalf Of |
Zachariah Giuliano
|
|
| Docket Date |
2024-09-19
|
| Type |
Order
|
| Subtype |
Order Declining Referral to Mediation
|
| Description |
Order Declining Referral to Mediation
|
| View |
View File
|
|
| Docket Date |
2024-09-09
|
| Type |
Event
|
| Subtype |
Fee Paid in Full - $300
|
| Description |
Fee Paid in Full - $300
|
| View |
View File
|
|
| Docket Date |
2024-09-06
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay Filing Fee
|
| View |
View File
|
|
| Docket Date |
2024-09-06
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-09-06
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
FILED BELOW: 09/03/2024
|
|
| Docket Date |
2024-12-23
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension of Time - Initial Brief TO 1/10/25
|
| On Behalf Of |
Zachariah Giuliano
|
|
| Docket Date |
2024-11-26
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension of Time - Initial Brief to 12/27
|
| On Behalf Of |
Zachariah Giuliano
|
|
| Docket Date |
2024-10-30
|
| Type |
Order
|
| Subtype |
Order on Motion to Appear Pro Hac Vice
|
| Description |
Order on Motion to Appear Pro Hac Vice; MOT GRANTED; FEE RECEIVED
|
| View |
View File
|
|
| Docket Date |
2024-12-26
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Order on Motion to Supplement Record; SROA BY 1/16/25; IB W/IN 10 DYS
|
| View |
View File
|
|
| Docket Date |
2024-12-26
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement Record
|
| On Behalf Of |
Zachariah Giuliano
|
|
|
|
Bennie Jean Bowling, Personal Representative of the Estate of Phillip Bowling, Appellant(s), v. CSX Transportation, Inc., Appellee(s).
|
5D2024-2010
|
2024-07-22
|
Open
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
5th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fourth Judicial Circuit, Duval County
2017-CA-005990
|
Parties
| Name |
Bennie Jean Bowling
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Carmen Anthony DeGisi, Stephen F. Monroe
|
|
| Name |
Estate of Phillip Bowling
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
CSX TRANSPORTATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Michael Payne Milton
|
|
| Name |
Hon. Katie L Dearing
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Duval Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-11-13
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Order on Motion to Supplement Record; SROA BY 12/3
|
| View |
View File
|
|
| Docket Date |
2024-11-13
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement Record
|
| On Behalf Of |
Bennie Jean Bowling
|
|
| Docket Date |
2024-11-13
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension of Time - Initial Brief to 12/13
|
| On Behalf Of |
Bennie Jean Bowling
|
|
| Docket Date |
2024-10-17
|
| Type |
Order
|
| Subtype |
Order on Motion to Appear Pro Hac Vice
|
| Description |
Order on Motion to Appear Pro Hac Vice; MOT GRANTED
|
| View |
View File
|
|
| Docket Date |
2024-10-17
|
| Type |
Event
|
| Subtype |
Fee Paid-Pro Hac Vice
|
| Description |
PRO HAC VICE FEE PAID
|
| View |
View File
|
|
| Docket Date |
2024-10-15
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension of Time - Initial Brief to 11/13
|
| On Behalf Of |
Bennie Jean Bowling
|
|
| Docket Date |
2024-10-15
|
| Type |
Order
|
| Subtype |
Order Striking Stipulation for Extension
|
| Description |
Order Striking Stipulation for Extension; AA W/IN 5 DYS FILE AMENDED NTC AGREED EOT; NTC STRICKEN
|
| View |
View File
|
|
| Docket Date |
2024-10-14
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion to Appear Pro Hac Vice
|
| Description |
Motion to Appear Pro Hac Vice - FOR STEPHEN F. MONROE, ESQ.
|
| On Behalf Of |
Bennie Jean Bowling
|
|
| Docket Date |
2024-10-14
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension of Time - Initial Brief
|
| On Behalf Of |
Bennie Jean Bowling
|
|
| Docket Date |
2024-09-25
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal; 1266 pages
|
| On Behalf Of |
Duval Clerk
|
|
| Docket Date |
2024-08-05
|
| Type |
Order
|
| Subtype |
Order Declining Referral to Mediation
|
| Description |
Order Declining Referral to Mediation
|
| View |
View File
|
|
| Docket Date |
2024-07-22
|
| Type |
Event
|
| Subtype |
Fee Paid in Full - $300
|
| Description |
Fee Paid in Full - $300
|
| View |
View File
|
|
| Docket Date |
2024-07-22
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order on Filing Fee - Fee Paid
|
| View |
View File
|
|
| Docket Date |
2024-07-22
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-07-22
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal - Filed Below 7/19/2024
|
| On Behalf Of |
Bennie Jean Bowling
|
|
| Docket Date |
2024-12-20
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension of Time - Answer Brief to 3/14
|
| On Behalf Of |
CSX Transportation, Inc.
|
|
| Docket Date |
2024-12-16
|
| Type |
Record
|
| Subtype |
Appendix to Initial Brief
|
| Description |
Appendix to Initial Brief
|
| On Behalf Of |
Bennie Jean Bowling
|
|
| Docket Date |
2024-12-16
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief
|
| On Behalf Of |
Bennie Jean Bowling
|
|
| Docket Date |
2024-11-26
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Record; 239 pages
|
| On Behalf Of |
Duval Clerk
|
|
| Docket Date |
2024-10-16
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Order; ATTY STEPHEN F. MONROE W/IN 10 DYS TENDER $100 PRO HAC VICE FEE; UPON TENDERING MOT WILL BE ACTED UPON
|
| View |
View File
|
|
|
|
Cheryl Arn, Personal Representative of the Estate of Ronald C. Arn, Appellant(s), v. CSX Transportation, Inc., Appellee(s)
|
5D2024-1528
|
2024-06-06
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
5th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fourth Judicial Circuit, Duval County
2017-CA-005987
|
Parties
| Name |
Cheryl Arn
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Carmen Anthony DeGisi
|
|
| Name |
Estate of Ronald C. Arn
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
CSX TRANSPORTATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Michael Payne Milton
|
|
| Name |
Hon. Bruce Rutledge Anderson Jr.
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Duval Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-07-29
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp. w/o Mandate
|
|
| Docket Date |
2024-06-20
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to MOTION TO DISMISS PER 6/11 ORDER
|
| On Behalf Of |
Cheryl Arn
|
|
| Docket Date |
2024-06-11
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
Order to File Response to Motion to Dismiss; AA W/IN 10 DYS
|
| View |
View File
|
|
| Docket Date |
2024-06-10
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Pay Case Filing Fee-300
|
| View |
View File
|
|
| Docket Date |
2024-06-07
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
CSX Transportation, Inc.
|
|
| Docket Date |
2024-06-06
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order on Filing Fee - Fee Paid
|
| View |
View File
|
|
| Docket Date |
2024-06-06
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-06-06
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal - Filed Below 6/5/2024
|
| On Behalf Of |
Cheryl Arn
|
|
| Docket Date |
2024-07-03
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
APPEAL DISMISSED
|
| View |
View File
|
|
|
|
HEATHER GOSSAGE, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF LARRY GOSSAGE, DECEASED Appellant(s) VS CSX TRANSPORTATION, INC., CSX CORPORATION, CITY OF BARTOW AND POLK COUNTY, FLORIDA Appellee(s)
|
6D2024-0130
|
2024-01-17
|
Open
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
6th District Court of Appeal
|
| Originating Court |
Circuit Court for the Tenth Judicial Circuit, Polk County
2021CA-002728-0000-00
|
Parties
| Name |
HEATHER GOSSAGE
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
JEFFREY V. MANSELL, ESQ., JESSICA LATOUR, ESQ.
|
|
| Name |
ESTATE OF LARRY GOSSAGE, DECEASED
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
CSX CORPORATION
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CITY OF BARTOW
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
POLK COUNTY, FLORIDA
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Jonathan Barnet Trohn
|
|
| Name |
CSX TRANSPORTATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
KEVIN D. TRAGESSER, ESQ., DANIEL J. FLEMING, ESQ.
|
|
| Name |
HON. BRANDON RAFOOL
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
STACY BUTTERFIELD, CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-06-04
|
| Type |
Order
|
| Subtype |
Mediation Order to Counsel
|
| Description |
The Court hereby appoints Jack Day, mediator number 346 R, as mediator in this matter. Mediation must be conducted in conformity with the Sixth District Court of Appeal's administrative orders and rules regarding appellate mediation and the Florida Rules for Certified and Court-Appointed Mediators. The Mediation Report must be completed and filed within ten days from conclusion of mediation but not later than ten days subsequent to expiration of the 60-day mediation period approved by the Order of Referral to Mediation dated April 22, 2024.
|
| View |
View File
|
|
| Docket Date |
2024-11-13
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
15- IB DUE 12/02/2024
|
| On Behalf Of |
HEATHER GOSSAGE
|
|
| Docket Date |
2024-10-15
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
30- IB DUE 11/15/2024
|
| On Behalf Of |
HEATHER GOSSAGE
|
|
| Docket Date |
2024-05-02
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE TO ORDER OF REFERRAL TO MEDIATION
|
| On Behalf Of |
HEATHER GOSSAGE
|
|
| Docket Date |
2024-04-17
|
| Type |
Mediation
|
| Subtype |
Mediation Questionnaire
|
| Description |
AE Mediation Questionnaire
|
| On Behalf Of |
POLK COUNTY, FLORIDA
|
|
| Docket Date |
2024-04-12
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Second Mediation Order ~ Pursuant to the Order of this court dated March 26, 2024, all parties were required to file mediation forms with this Court within 10 days of the date of that Order. At this time, Appellee’s Mediation Questionnaire has not yet been received. Within 5 days from the date of this order, upload the required form via the Statewide Florida Courts E-Filing Portal so that this case may timely proceed. Failure to timely comply may result in the imposition of sanctions.Parties must visit the Court’s website, https://6dca.flcourts.gov, to review the Mediation Questions & Answers, and to find the Mediation Questionnaire and Confidential Statement Regarding Appropriateness of Appellate Mediation that must be completed and filed with the Court.
|
|
| Docket Date |
2024-04-12
|
| Type |
Mediation
|
| Subtype |
Mediation Questionnaire
|
| Description |
Mediation Questionnaire ~ LOCATED IN IDCA CONFIDENTIAL
|
| On Behalf Of |
POLK COUNTY, FLORIDA
|
|
| Docket Date |
2024-04-05
|
| Type |
Mediation
|
| Subtype |
Confidential Statement
|
| Description |
Confidential Statement ~ **LOCATED IN iDCA CONFIDENTIAL**
|
| On Behalf Of |
HEATHER GOSSAGE
|
|
| Docket Date |
2024-03-26
|
| Type |
Mediation
|
| Subtype |
Notice of Case under Consideration for Mediation
|
| Description |
Case Under Consideration for Mediation Notice ~ This case is now under consideration for appellate mediation, and a decision will be made shortly whether to order mediation. An order will be issued advising you of that decision. The time for preparing the record and filing briefs will not begin to run until an order is issued that this case will not proceed to mediation or, if mediation is ordered, until the mediation process is complete.
|
|
| Docket Date |
2024-03-15
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ NOTICE OF AGREED EXTENSION OF TIME FOR SERVING APPELLANT'S INITIAL BRIEF // 30 - IB DUE 4/24/24.
|
| On Behalf Of |
HEATHER GOSSAGE
|
|
| Docket Date |
2024-03-05
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ RAFOOL - REDACTED - 3,334 PAGES
|
| On Behalf Of |
STACY BUTTERFIELD, CLERK
|
|
| Docket Date |
2024-02-08
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2024-02-08
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid through Portal
|
| On Behalf Of |
HEATHER GOSSAGE
|
|
| Docket Date |
2024-02-08
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty ~ This appeal has been filed without a filing fee required by section35.22(2)(a), Florida Statutes, Florida Statutes.If the attorney for appellant has not already done so, they shall forwardthe required $300.00 filing fee or, if applicable, a certificate or order of thelower tribunal finding appellant insolvent pursuant to section 57.081, FloridaStatutes, within twenty days from the date of this order.If this court does not receive either of the above within the prescribedtime, this appeal may be subject to dismissal without further notice.
|
|
| Docket Date |
2024-01-17
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2024-01-17
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ WITH ORDER
|
| On Behalf Of |
HEATHER GOSSAGE
|
|
| Docket Date |
2024-12-31
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension of Time - Answer Brief
|
| On Behalf Of |
CSX Transportation, Inc.
|
|
| Docket Date |
2024-12-11
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
30- AB DUE 02/07/2025
|
| On Behalf Of |
CSX Transportation, Inc.
|
|
| Docket Date |
2024-12-09
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief
|
| On Behalf Of |
HEATHER GOSSAGE
|
| View |
View File
|
|
| Docket Date |
2024-11-26
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
5- IB DUE 12/09/2024
|
| On Behalf Of |
HEATHER GOSSAGE
|
|
| Docket Date |
2024-08-07
|
| Type |
Order
|
| Subtype |
Order on Unsuccessful Mediation
|
| Description |
The above-referenced case has been noted as an unsuccessful mediation. Accordingly, the ten day time period for filing directions to the clerk and designations to the court reporter, the fifty-day time period for preparing the record and serving copies of the index, the sixty-day time period for filing the record on appeal, and the seventy-day time period for filing of Appellant's Initial Brief shall commence as of the date of this order.
|
| View |
View File
|
|
| Docket Date |
2024-04-22
|
| Type |
Order
|
| Subtype |
Order of Referral to Mediation
|
| Description |
The foregoing case, having been reviewed by the Court, is hereby referred to Appellate Mediation.
Within 10 days from the date of this Order, Appellant(s) must complete and file with this Court the Response to Order of Referral to Mediation, which is available on this Court's website, https://6dca.flcourts.gov. If the parties agree on a mediator, the Court will enter an order appointing that mediator for this case. If the parties are not able to agree on a mediator, the Court will appoint a mediator from the Supreme Court list of approved mediators. A mediator need not be certified as an appellate mediator to be appointed.
|
| View |
View File
|
|
| Docket Date |
2024-03-26
|
| Type |
Order
|
| Subtype |
Mediation Order to Counsel
|
| Description |
Initial Mediation Order ~ This case is being reviewed by the Court to determine whether it is appropriate for appellate mediation. The time for preparing the record and filing briefs will not begin to run until an order is issued that this case will not proceed to mediation or, if mediation is ordered, until the mediation process is complete. Parties must visit the Court’s website, https://6dca.flcourts.gov, to review the Mediation Questions & Answers, and to find the Mediation Questionnaire and Confidential Statement Regarding Appropriateness of Appellate Mediation that must be completed and filed with the Court.Within 10 days from the date of this order, the Mediation Questionnaire and the Confidential Statement Regarding Appropriateness of Appellate Mediation must be e-filed through the Statewide Florida Courts E Filing Portal. BE ADVISED THAT OPPOSING COUNSEL SHOULD NOT BE SERVED COPIES OF THE CONFIDENTIAL STATEMENT REGARDING APPROPRIATENESS OF APPELLATE MEDIATION. When filing the Confidential Statement through the Statewide Florida Courts E-Filing Portal, DO NOT CHECK “SERVE ALL.” FAILURE TO ENSURE ALL BOXES FOR E SERVICE ARE UNCHECKED WILL RESULT IN PARTIES BEING SERVED AND WAIVER OF CONFIDENTIALITY.
|
|
|
|
Michelle L. Cook, as Personal Representative of the Estate of Richard S. Cook, Appellant(s) v. CSX Transportation, Inc., Appellee(s).
|
5D2023-3766
|
2023-12-28
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
5th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fourth Judicial Circuit, Duval County
2017-CA-005874
|
Parties
| Name |
Estate of Richard S. Cook
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Michelle L. Cook
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Carmen Anthony DeGisi, Jonathan Sternberg
|
|
| Name |
CSX TRANSPORTATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Eric L. Leach, Frank J. Gordon, Michael Payne Milton, Ethan W. Carpenter
|
|
| Name |
Hon. Marianne L. Aho
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Circuit Court Duval
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-11-19
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
PER CURIAM AFFIRMED
|
| View |
View File
|
|
| Docket Date |
2024-11-12
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
CSX Transportation, Inc.
|
|
| Docket Date |
2024-09-30
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice of Oral Argument
|
| View |
View File
|
|
| Docket Date |
2024-07-31
|
| Type |
Response
|
| Subtype |
OA Preference Request
|
| Description |
AE'S OA Preference Request
|
| On Behalf Of |
CSX Transportation, Inc.
|
|
| Docket Date |
2024-07-31
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Oral Argument Preference Request
|
| View |
View File
|
|
| Docket Date |
2024-07-30
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Motion/Request for Oral Argument
|
| On Behalf Of |
Michelle L. Cook
|
|
| Docket Date |
2024-07-30
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Reply Brief
|
| On Behalf Of |
Michelle L. Cook
|
| View |
View File
|
|
| Docket Date |
2024-07-08
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension of Time - Reply Brief to 7/29
|
| On Behalf Of |
Michelle L. Cook
|
|
| Docket Date |
2024-05-14
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension of Time - Answer Brief TO 6/17
|
| On Behalf Of |
CSX Transportation, Inc.
|
|
| Docket Date |
2024-04-17
|
| Type |
Record
|
| Subtype |
Appendix to Initial Brief
|
| Description |
Appendix to Initial Brief
|
| On Behalf Of |
Michelle L. Cook
|
|
| Docket Date |
2024-04-17
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief
|
| On Behalf Of |
Michelle L. Cook
|
| View |
View File
|
|
| Docket Date |
2024-04-02
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Grant EOT for Initial Brief ~ TO 4/16
|
|
| Docket Date |
2024-03-29
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
Michelle L. Cook
|
|
| Docket Date |
2024-03-07
|
| Type |
Order
|
| Subtype |
Order on Motion to Appear Pro Hac Vice
|
| Description |
ORD-Leave to Appear as Foreign Counsel ~ ATTY GORDON AND CARPENTER'S MOT APPEAL PRO HAC GRANTED...
|
|
| Docket Date |
2024-03-04
|
| Type |
Misc. Events
|
| Subtype |
Pro Hac Vice Fee Paid through Portal
|
| Description |
PRO HAC VICE FEE PAID THROUGH PORTAL
|
| On Behalf Of |
CSX Transportation, Inc.
|
|
| Docket Date |
2024-03-04
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Grant EOT for Initial Brief ~ MOT GRANTED; IB BY 4/1/24
|
|
| Docket Date |
2024-03-01
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Denied for Non-Service on Client ~ AA W/IN 5 DYS FILE AMENDED MOT EOT
|
|
| Docket Date |
2024-03-01
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
Michelle L. Cook
|
|
| Docket Date |
2024-02-28
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion to Appear Pro Hac Vice
|
| Description |
Motion to Appear Pro Hac Vice ~ FOR FRANK J. GORDON, ESQ.
|
| On Behalf Of |
CSX Transportation, Inc.
|
|
| Docket Date |
2024-02-27
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
Michelle L. Cook
|
|
| Docket Date |
2024-02-21
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ WALLET MADE
|
| On Behalf Of |
Circuit Court Duval
|
|
| Docket Date |
2024-02-16
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 2060 PAGES
|
| On Behalf Of |
Circuit Court Duval
|
|
| Docket Date |
2024-01-24
|
| Type |
Order
|
| Subtype |
Order on Motion to Appear Pro Hac Vice
|
| Description |
ORD-Leave to Appear as Foreign Counsel ~ MOT GRANTED; ATTY STERNBERG APPEAR PRO HAC VICE
|
|
| Docket Date |
2024-01-23
|
| Type |
Misc. Events
|
| Subtype |
Pro Hac Vice Fee Paid through Portal
|
| Description |
PRO HAC VICE FEE PAID THROUGH PORTAL
|
| On Behalf Of |
Michelle L. Cook
|
|
| Docket Date |
2024-01-23
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ATTY STERNBERG W/IN 10 DYS TENDER THE PRO HAC VICE FEE; MOT WILL BE ACTED ON ONCE FEE SATISFIED; ATTY STERNBERG W/IN 5 DYS REGISTER...
|
|
| Docket Date |
2024-01-19
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion to Appear Pro Hac Vice
|
| Description |
Motion to Appear Pro Hac Vice ~ FOR JONATHAN STERNBERG, ESQ.
|
| On Behalf Of |
Michelle L. Cook
|
|
| Docket Date |
2024-01-10
|
| Type |
Order
|
| Subtype |
Order Declining Referral to Mediation
|
| Description |
ORD- Declining Referral to Mediation
|
|
| Docket Date |
2024-01-08
|
| Type |
Mediation
|
| Subtype |
Mediation Questionnaire
|
| Description |
Mediation Questionnaire ~ AE Michael Payne Milton 136573
|
| On Behalf Of |
CSX Transportation, Inc.
|
|
| Docket Date |
2023-12-29
|
| Type |
Mediation
|
| Subtype |
Confidential Statement
|
| Description |
Confidential Statement ~ AA Carmen Anthony DeGisi 97303
|
| On Behalf Of |
Michelle L. Cook
|
|
| Docket Date |
2023-12-29
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
CASE FILING FEE PAID THROUGH PORTAL
|
| On Behalf Of |
Michelle L. Cook
|
|
| Docket Date |
2023-12-28
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgement Letter 1
|
|
| Docket Date |
2023-12-28
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2023-12-28
|
| Type |
Order
|
| Subtype |
Mediation Order to Counsel
|
| Description |
Mediation Letter to Counsel
|
|
| Docket Date |
2023-12-28
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ FILED BELOW 12/21/2023
|
| On Behalf Of |
Michelle L. Cook
|
|
| Docket Date |
2024-12-09
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2024-12-09
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-06-17
|
| Type |
Record
|
| Subtype |
Appendix to Answer Brief
|
| Description |
Appendix to Answer Brief
|
| On Behalf Of |
CSX Transportation, Inc.
|
|
| Docket Date |
2024-06-17
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Answer Brief
|
| On Behalf Of |
CSX Transportation, Inc.
|
| View |
View File
|
|
|
|
JOSEPH D. GILBERTI, JR., PE VS FEDERAL BUREAU OF INVESTIGATION, ET AL.,
|
2D2023-2744
|
2023-12-18
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Twelfth Judicial Circuit, Sarasota County
23-CA-4821-NC
|
Parties
| Name |
JOSEPH D. GILBERTI, JR., PE
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
PEACE RIVER MANASOTA WATER SUPPLY AUTHORITY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
TOM WIDEN
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SARASOTA COUNTY COMMISSION
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
BLACKROCK INVESTMENTS GROUP, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
JULIANNE M. HOLT, P.D.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SEMINOLE GULF RAILWAY, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
LEE COUNTY SCHOOL BOARD
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
US SENATE
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
BILL GATES
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
RYAN SNYDER LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
US CONGRESS
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
NATIONAL RAILWAY COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Federal Bureau of Investigation
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
LAURENCE D. FINK
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ENVIROMENTAL PROTECTION AGENCY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CSX TRANSPORTATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
KENNETH HARRISON
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
KATHLEEN A. SMITH, P. D.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
LARRY LOUIS EGER, P. D.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
US MIDDLE DISTRICT COURT OF FLORIDA
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ED BRODSKY, STATE ATTORNEY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CANADIAN NATIONAL RAILWAY COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
THE PENTAGON
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
72 PARTNERS, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CHRISTOPHER SHAW
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SARASOTA CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
17TH JUDICIAL CIRCUIT COURT OF FLORIDA
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
MANATEE COUNTY COMMISSION
|
| Role |
Appellee
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-02-26
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed
|
|
| Docket Date |
2024-02-01
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-SUA SPONTE DISMISSAL ~ This appeal is dismissed based on Appellant's failure to file an amended notice of appeal with a certificate of service.
|
|
| Docket Date |
2024-02-01
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge ~ SLEET, C.J., and NORTHCUTT and KHOUZAM
|
|
| Docket Date |
2024-01-24
|
| Type |
Order
|
| Subtype |
Order Discharging Show Cause Order
|
| Description |
ORD-DISCHARGING SHOW CAUSE ~ The record on appeal has been transmitted, and it contains a copy of the orderappealed. This court's December 21, 2023, order to show cause is discharged.
|
|
| Docket Date |
2024-01-11
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ CARROLL - 361 PAGES REDACTED
|
| On Behalf Of |
SARASOTA CLERK
|
|
| Docket Date |
2023-12-21
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2023-12-18
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
WV:Waived
|
|
| Docket Date |
2023-12-18
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ W/INSOLVENCY
|
| On Behalf Of |
JOSEPH D. GILBERTI, JR., PE
|
|
| Docket Date |
2023-12-21
|
| Type |
Order
|
| Subtype |
Show Cause re No Order Appealed
|
| Description |
OSC - no order appealed ~ ***DISCHARGED PER 1/24/2024 ORDER*** Appellant shall show cause within fifteen days why this appeal should not bedismissed for lack of jurisdiction, as appellant has failed to provide a copy of the orderappealed as required by the Florida Rules of Appellate Procedure, and this court isunable thereby to determine its jurisdiction.
|
|
|
|
DEBORAH CARLSON VS CSX TRANSPORTATION, INC.
|
6D2023-0711
|
2022-08-24
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
6th District Court of Appeal
|
| Originating Court |
Circuit Court for the Tenth Judicial Circuit, Highlands County
GC 20-311
|
Parties
| Name |
DEBORAH CARLSON
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
MORGAN L. WEINSTEIN, ESQ.
|
|
| Name |
CSX TRANSPORTATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
DANIEL J. FLEMING, ESQ.
|
|
| Name |
HON. ANGELA J. COWDEN
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
JEROME W. KASZUBOWSKI, CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-11-17
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2023-11-17
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-10-17
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2023-09-19
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Within fifteen (15) days, Appellant is ordered to supplement the record with the transcript of the summary judgment hearing held on March 17, 2022. See Fla. R. App. P. 9.200(f)(2) (“If the court finds the record is incomplete, it shall direct a party to supply the omitted parts of the record. No proceeding shall be determined, because of an incomplete record, until an opportunity to supplement the record has been given.”).
|
|
| Docket Date |
2023-03-28
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief
|
| On Behalf Of |
CSX Transportation, Inc.
|
|
| Docket Date |
2023-03-23
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 5 - AB DUE 3/28/23 (LAST REQUEST)
|
| On Behalf Of |
CSX Transportation, Inc.
|
|
| Docket Date |
2023-03-13
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ NOTICE OF THIRD AGREED EXTENSION FOR ANSWER BRIEF//10 - AB DUE 3/23/23
|
| On Behalf Of |
CSX Transportation, Inc.
|
|
| Docket Date |
2023-02-23
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ NOTICE OF SECOND AGREED EXTENSION FOR ANSWER BRIEF//14 - AB DUE 3/13/23
|
| On Behalf Of |
CSX Transportation, Inc.
|
|
| Docket Date |
2023-01-24
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ NOTICE OF AGREED EXTENSION FOR ANSWER BRIEF//31 - AB DUE 2/27/23
|
| On Behalf Of |
CSX Transportation, Inc.
|
|
| Docket Date |
2023-01-03
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2022-12-30
|
| Type |
Disposition by Order
|
| Subtype |
Transferred
|
| Description |
Transfer to Sixth DCA
|
|
| Docket Date |
2022-12-28
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
DEBORAH CARLSON
|
|
| Docket Date |
2022-12-08
|
| Type |
Order
|
| Subtype |
Order to Serve Brief
|
| Description |
Order for Immediate Filing of Brief ~ Appellant's initial brief shall be served within 20 days from the date of this order.
|
|
| Docket Date |
2022-11-03
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ COWDEN - 399 PAGES REDACTED
|
|
| Docket Date |
2022-09-19
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid through Portal
|
| On Behalf Of |
DEBORAH CARLSON
|
|
| Docket Date |
2022-09-15
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORD-DENYING APPELLEE'S MOTION TO DISMISS ~ Appellee's motion to dismiss appeal is denied. This order is without prejudice to Appellee to address preservation in the answer brief.
|
|
| Docket Date |
2022-09-07
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss ~ APPELLEE'S MOTION TO DISMISS APPEAL
|
| On Behalf Of |
CSX Transportation, Inc.
|
|
| Docket Date |
2022-09-07
|
| Type |
Record
|
| Subtype |
Appendix to Motion
|
| Description |
ALL OTHER MOTIONS APPENDIX/ATTACHMENT
|
| On Behalf Of |
CSX Transportation, Inc.
|
|
| Docket Date |
2022-08-24
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2022-08-24
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-08-24
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ W/ORDER
|
| On Behalf Of |
DEBORAH CARLSON
|
|
| Docket Date |
2022-08-24
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty ~ This appeal has been filed without a filing fee required by section 35.22(2)(a), Florida Statutes, Florida Statutes.If the attorney for appellant has not already done so, they shall forward the required $300.00 filing fee or, if applicable, a certificate or order of the lower tribunal finding appellant insolvent pursuant to section 57.081, Florida Statutes, within twenty days from the date of this order.If this court does not receive either of the above within the prescribed time, this appeal may be subject to dismissal without further notice.
|
|
|
|
DEBORAH CARLSON VS CSX TRANSPORTATION, INC.
|
2D2022-2788
|
2022-08-24
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Tenth Judicial Circuit, Highlands County
GC 20-311
|
Parties
| Name |
DEBORAH CARLSON
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
MORGAN L. WEINSTEIN, ESQ.
|
|
| Name |
CSX TRANSPORTATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
DANIEL J. FLEMING, ESQ.
|
|
| Name |
HON. ANGELA J. COWDEN
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
HIGHLANDS CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-12-30
|
| Type |
Disposition by Order
|
| Subtype |
Transferred
|
| Description |
Transfer to Sixth DCA
|
|
| Docket Date |
2022-12-30
|
| Type |
Disposition
|
| Subtype |
Transferred
|
| Description |
Transferred - Order by Judge ~ Transferred to the 6DCA.
|
|
| Docket Date |
2022-12-28
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
DEBORAH CARLSON
|
|
| Docket Date |
2022-12-08
|
| Type |
Order
|
| Subtype |
Order to Serve Brief
|
| Description |
Order for Immediate Filing of Brief ~ Appellant's initial brief shall be served within 20 days from the date of this order.
|
|
| Docket Date |
2022-11-03
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ COWDEN - 399 PAGES REDACTED
|
|
| Docket Date |
2022-09-19
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid through Portal
|
| On Behalf Of |
DEBORAH CARLSON
|
|
| Docket Date |
2022-09-15
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORD-DENYING APPELLEE'S MOTION TO DISMISS ~ Appellee's motion to dismiss appeal is denied. This order is without prejudice to Appellee to address preservation in the answer brief.
|
|
| Docket Date |
2022-09-07
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss ~ APPELLEE'S MOTION TO DISMISS APPEAL
|
| On Behalf Of |
CSX Transportation, Inc.
|
|
| Docket Date |
2022-09-07
|
| Type |
Record
|
| Subtype |
Appendix to Motion
|
| Description |
ALL OTHER MOTIONS APPENDIX/ATTACHMENT
|
| On Behalf Of |
CSX Transportation, Inc.
|
|
| Docket Date |
2022-08-24
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty ~ This appeal has been filed without a filing fee required by section 35.22(2)(a), Florida Statutes, Florida Statutes.If the attorney for appellant has not already done so, they shall forward the required $300.00 filing fee or, if applicable, a certificate or order of the lower tribunal finding appellant insolvent pursuant to section 57.081, Florida Statutes, within twenty days from the date of this order.If this court does not receive either of the above within the prescribed time, this appeal may be subject to dismissal without further notice.
|
|
| Docket Date |
2022-08-24
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ W/ORDER
|
| On Behalf Of |
DEBORAH CARLSON
|
|
| Docket Date |
2022-08-24
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-08-24
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
|
|
DEBORAH CARLSON VS CSX TRANSPORTATION, INC.
|
2D2022-1189
|
2022-04-12
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Tenth Judicial Circuit, Highlands County
GC 20-311
|
Parties
| Name |
DEBORAH CARLSON
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
MORGAN L. WEINSTEIN, ESQ.
|
|
| Name |
CSX TRANSPORTATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
DANIEL J. FLEMING, ESQ.
|
|
| Name |
HON. ANGELA J. COWDEN
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
HIGHLANDS CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-06-13
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed
|
|
| Docket Date |
2022-05-18
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge ~ Northcutt, LaRose, and Sleet
|
|
| Docket Date |
2022-05-18
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
dismiss appeal nonfinal/nonappealable order ~ This appeal is dismissed as from a nonfinal, nonappealable order.
|
|
| Docket Date |
2022-05-13
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ Appellant's Response to Order to Show Cause and Jurisdictional Statement
|
| On Behalf Of |
DEBORAH CARLSON
|
|
| Docket Date |
2022-04-27
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
DEBORAH CARLSON
|
|
| Docket Date |
2022-04-22
|
| Type |
Order
|
| Subtype |
Show Cause Jurisdiction
|
| Description |
OSC/Better Gov't Ass'n [summary judgment) ~ Appellant shall show cause within twenty days why this appeal should not be dismissed for lack of jurisdiction. See Wahl v. Taylor, 926 So. 2d 488, 489 (Fla. 2d DCA 2006) ("[A]n order merely granting a motion for summary judgment is not a final order."); Better Gov't Ass'n of Sarasota Cty. v. State, 802 So. 2d 414 (Fla. 2d DCA 2001). Jurisdiction is relinquished to the extent necessary to allow the trial court to enter an appealable, final order. Should appellant provide this court with such an appealable, final order within twenty days, this premature appeal will be mature and will proceed to consideration. See Fla. R. App. P. 9.110(l) (stating that if a notice of appeal is prematurely filed before rendition of a final order, "the lower tribunal retains jurisdiction to render a final order"). If appellant fails to present an appealable order within that time frame, or persuade this court that the existing order is appealable, this appeal will be subject to dismissal without further notice.
|
|
| Docket Date |
2022-04-20
|
| Type |
Misc. Events
|
| Subtype |
Order Appealed
|
| Description |
Order Appealed
|
| On Behalf Of |
HIGHLANDS CLERK
|
|
| Docket Date |
2022-04-14
|
| Type |
Miscellaneous Document
|
| Subtype |
Lower Tribunal Insolvency
|
| Description |
LOWER TRIBUNAL INSOLVENCY
|
| On Behalf Of |
HIGHLANDS CLERK
|
|
| Docket Date |
2022-04-13
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; pro se
|
|
| Docket Date |
2022-04-13
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2022-04-12
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ WITH ORDER
|
| On Behalf Of |
DEBORAH CARLSON
|
|
| Docket Date |
2022-04-12
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
WV:Waived
|
|
|
|
ASHLEY RULE, as Personal Representative of the ESTATE OF KELI RULE VS CSX TRANSPORTATION, INC., et al.
|
4D2020-1433
|
2020-06-22
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, Okeechobee County
472018CA000159
|
Parties
| Name |
Estate of Keli Rule
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Ashley Rule
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Stephanie L. Serafin, Joseph Grant, Rebecca Mercier Vargas, Jane Kreusler-Walsh, Marshall Rosenbach
|
|
| Name |
CSX TRANSPORTATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
OKEECHOBEE COUNTY LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Daniel J. Fleming, Daniel R. Hoffman, William Boltrek, Heath E. Gelman, Garrison Cohen
|
|
| Name |
Hon. Laurie E. Buchanan
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Okeechobee
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-08-19
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF DESIGNATION OF COUNSEL FOR ORAL ARGUMENT
|
| On Behalf Of |
Okeechobee County
|
|
| Docket Date |
2021-08-18
|
| Type |
Order
|
| Subtype |
Order Re: Video Oral Argument
|
| Description |
Order Re: Video Oral Argument ~ ORDERED that oral argument in this case is rescheduled for September 28, 2021, at 10:45 A.M. for 10 minutes per side through Zoom video conference. In criminal cases where a victim, as defined in Article I, Section 16(e) of the Florida Constitution, has invoked their right to notice under Article I, Section 16(b)(6) of the Florida Constitution, the State shall provide the victim with notice of this oral argument and of any changes to the scheduled date or time.The parties are advised that the only attorneys permitted into the Zoom meeting will be those who will be arguing before the court. Attorneys who will not be arguing before the court may watch the public live stream of the oral argument via the court’s website. In addition, attorneys who will be arguing before the court shall attend a Zoom orientation/test session with court staff from 3:30pm to 3:45pm on either August 25, 2021 or September 9, 2021 at Zoom meeting ID
|
|
| Docket Date |
2021-07-08
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Ashley Rule
|
|
| Docket Date |
2021-07-08
|
| Type |
Notice
|
| Subtype |
Notice of Designation of E-mail Address
|
| Description |
Notice of Primary E-Mail Address
|
| On Behalf Of |
Ashley Rule
|
|
| Docket Date |
2020-07-08
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Ashley Rule
|
|
| Docket Date |
2021-10-29
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-10-29
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2021-10-07
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2021-09-28
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ 4DCA
|
|
| Docket Date |
2021-08-23
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Okeechobee County
|
|
| Docket Date |
2021-08-20
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF DESIGNATION OF COUNSEL FOR ORAL ARGUMENT
|
| On Behalf Of |
Okeechobee County
|
|
| Docket Date |
2021-07-06
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
ORD-Setting Oral Argument ~ This case is set for Oral Argument on September 28, 2021, at 10:45 A.M. for 10 minutes per side, in person at the Fourth District Court of Appeal Courthouse. If a side anticipates more than two attorneys sitting at counsel table during oral argument, it shall contact the Marshal’s Office by phone at least two business days before the oral argument session. The court calendars can be viewed on this court's website at www.4dca.org. In criminal cases where a victim, as defined in Article I, Section 16(e) of the Florida Constitution, has invoked their right to notice under Article I, Section 16(b)(6) of the Florida Constitution, the State shall provide the victim with notice of this oral argument and of any changes to the scheduled date or time.Within seven (7) days from the date of this order, either side may file a motion for remote oral argument, which, if granted, would take place on Wednesday or Thursday of the same week as the currently scheduled in-person oral argument, with the date and time to be set by further order of this court. Before filing the motion, the moving party shall confer with the opposing side to ascertain whether the opposing side agrees to a remote oral argument. The motion shall state: (1) the reasons why remote oral argument is requested; and (2) whether the opposing side consents to a remote oral argument. If the motion is opposed, then the opposing side shall file a response to the motion within three (3) days after the filing of the motion. No extensions of time to file the motion or response will be permitted, absent extraordinary circumstances. If the court grants the motion for remote oral argument, the argument will take place via Zoom video conference and all judges and attorneys will appear remotely.
|
|
| Docket Date |
2021-06-18
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 15 DAYS TO 07/08/2021
|
|
| Docket Date |
2021-06-18
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief
|
| On Behalf Of |
Ashley Rule
|
|
| Docket Date |
2021-05-26
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records
|
| On Behalf Of |
Ashley Rule
|
|
| Docket Date |
2021-05-26
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
ORD-Allowing Attachment to Record ~ ORDERED that appellant’s May 25, 2021 motion to supplement the record is granted, and the record is supplemented to include the material listed in the motion. Said supplemental record is deemed filed as of the date of this order.
|
|
| Docket Date |
2021-05-25
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
Ashley Rule
|
|
| Docket Date |
2021-05-21
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Okeechobee County
|
|
| Docket Date |
2021-05-03
|
| 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 |
Okeechobee County
|
|
| Docket Date |
2021-05-03
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORD-Answer Brief to be Served ~ ORDERED that appellee CSX Transportation, Inc.’s May 3, 2021 motion for extension of time is granted in part, and appellee shall serve the answer brief within ten (10) days from the current due date. In addition, appellee is notified that the failure to serve the brief within the time provided herein will foreclose appellee’s right to file a brief or otherwise participate in this appeal, or the court in its discretion may impose other sanctions. Appellee is advised that no further extensions will be granted absent a detailed explanation for why the answer brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant. Attorney workload does not constitute extraordinary circumstances which justifies a further extension of time.
|
|
| Docket Date |
2021-03-31
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 05/12/2021
|
|
| Docket Date |
2021-03-31
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
Okeechobee County
|
|
| Docket Date |
2021-03-04
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 04/12/2021
|
|
| Docket Date |
2021-03-04
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
Okeechobee County
|
|
| Docket Date |
2021-01-14
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 03/13/2021
|
|
| Docket Date |
2021-01-14
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
Okeechobee County
|
|
| Docket Date |
2021-01-11
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Ashley Rule
|
|
| Docket Date |
2021-01-11
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
Ashley Rule
|
|
| Docket Date |
2020-12-09
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Ashley Rule
|
|
| Docket Date |
2020-12-09
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 01/11/2021
|
|
| Docket Date |
2020-11-10
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant’s November 3, 2020 motion for extension of time is granted, and appellant shall serve the initial brief within thirty (30) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2020-11-03
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
Ashley Rule
|
|
| Docket Date |
2020-10-01
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Ashley Rule
|
|
| Docket Date |
2020-10-01
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 11/04/2020
|
|
| Docket Date |
2020-09-04
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 160 PAGES
|
| On Behalf Of |
Clerk - Okeechobee
|
|
| Docket Date |
2020-09-01
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion ~ ORDERED that appellant’s August 31, 2020 unopposed motion to correct caption is granted.
|
|
| Docket Date |
2020-08-31
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ UNOPPOSED MOTION TO CORRECT CAPTION
|
| On Behalf Of |
Ashley Rule
|
|
| Docket Date |
2020-08-31
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Motion Supplemental Record & Eot For Brief ~ AMENDED
|
| On Behalf Of |
Ashley Rule
|
|
| Docket Date |
2020-08-28
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Motion Supplemental Record & Eot For Brief
|
| On Behalf Of |
Ashley Rule
|
|
| Docket Date |
2020-08-24
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 1801 PAGES
|
| On Behalf Of |
Clerk - Okeechobee
|
|
| Docket Date |
2020-08-19
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Memorandum
|
| On Behalf Of |
Clerk - Okeechobee
|
|
| Docket Date |
2020-08-07
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Ashley Rule
|
|
| Docket Date |
2020-06-23
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2020-06-23
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2020-06-22
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Ashley Rule
|
|
| Docket Date |
2020-06-22
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
|
KENNETH J. HETTEL VS CSX TRANSPORTATION, INC.
|
SC2016-1292
|
2016-07-15
|
Closed
|
|
| Classification |
Discretionary Review - Notice to Invoke - Direct Conflict of Decisions
|
| Court |
Supreme Court of Florida
|
| Originating Court |
Circuit Court for the Twelfth Judicial Circuit, Manatee County
411986CA000815CAAXMA
Circuit Court for the Twelfth Judicial Circuit, Manatee County
2D15-3410
|
Parties
| Name |
KENNETH J. HETTEL
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
CSX TRANSPORTATION, INC.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Mr. Daniel John Fleming
|
|
| Name |
Hon. Gilbert Alexander Smith Jr.
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Hon. Mary Beth Kuenzel
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Hon. Angelina M. Colonneso
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2016-07-21
|
| Type |
Disposition
|
| Subtype |
**DISP-REV DISM NO JURIS (WELLS/JACKSON)
|
| Description |
DISP-REV DISM NO JURIS (WELLS/JACKSON) ~ Having determined that this Court is without jurisdiction, this case is hereby dismissed. See Wells v. State, 132 So. 3d 1110 (Fla. 2014); Jackson v. State, 926 So. 2d 1262 (Fla. 2006). No motion for rehearing or reinstatement will be entertained by the Court.
|
|
| Docket Date |
2016-07-21
|
| Type |
Event
|
| Subtype |
No Fee - Insolvent
|
| Description |
No Fee - Insolvent ~ INSOLVENT BELOW
|
|
| Docket Date |
2016-07-15
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NI:No Fee - Insolvent
|
|
| Docket Date |
2016-07-15
|
| Type |
Notice
|
| Subtype |
Invoke Discretionary Jurisdiction
|
| Description |
NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT) ~ FILED AS A "NOTICE OF APPEAL" & TREATED AS A NOTICE - DISCRETIONARY JURISDICTION
|
| On Behalf Of |
KENNETH J. HETTEL
|
| View |
View File
|
|
|
|
FLORIDA DEPARTMENT OF TRANSPORTATION VS DORTHY SCHWEFRINGHAUS, ET AL.
|
SC2014-0069
|
2014-01-09
|
Closed
|
|
| Classification |
Discretionary Review - Notice to Invoke - Certified Great Public Importance
|
| Court |
Supreme Court of Florida
|
| Originating Court |
Circuit Court for the Sixth Judicial Circuit, Pasco County
2D12-1097
Circuit Court for the Sixth Judicial Circuit, Pasco County
06-1894CA
|
Parties
| Name |
FLORIDA DEPARTMENT OF TRANSPORTATION
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
GERALD B. CURINGTON, MARC A. PEOPLES
|
|
| Name |
DORTHY SCHWEFRINGHAUS
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
CSX TRANSPORTATION, INC.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
DAN HAMMELFARB, Mr. Daniel John Fleming
|
|
| Name |
FLORIDA ASSOCIATION OF COUNTY ATTORNEYS, INC.
|
| Role |
Amicus - Petitioner
|
| Status |
Active
|
| Representations |
STEPHEN M. DURDEN
|
|
| Name |
FLORIDA JUSTICE REFORM INSTITUTE, INC.
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
| Representations |
William W. Large, STEPHEN H GRIMES, Matthew H. Mears
|
|
| Name |
THE ASSOCIATION OF AMERICAN RAILROADS
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
| Representations |
Ms. Wendy F. Lumish, Mr. Peter D. Webster, DANIEL SAPHIRE
|
|
| Name |
FLORIDA CHAMBER OF COMMERCE, INC.
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
| Representations |
Matthew H. Mears, STEPHEN H GRIMES, William W. Large
|
|
| Name |
ASSOCIATED INDUSTRIES OF FLORIDA INC
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
| Representations |
STEPHEN H GRIMES, Matthew H. Mears, William W. Large
|
|
| Name |
Hon. Linda Hobe Babb
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Hon. Paula O'Neil
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
HON. JAMES R. BIRKHOLD, CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2014-05-28
|
| Type |
Brief
|
| Subtype |
Initial-Merit
|
| Description |
INITIAL BRIEF-MERITS ~ NO APPENDIX FILED
|
| On Behalf Of |
FLORIDA DEPARTMENT OF TRANSPORTATION
|
|
| Docket Date |
2016-05-03
|
| Type |
Record
|
| Subtype |
Record/Transcript Returned
|
| Description |
RECORD/TRANSCRIPT RETURNED ~ 1 CERT. CLERK, 1 VOLUME DCA BRIEFS & 19 VOLUMES RECORD (2 BOXES)
|
|
| Docket Date |
2016-05-03
|
| Type |
Mandate
|
| Subtype |
Mandate Issued
|
| Description |
MANDATE ~ CC: COUNSEL
|
|
| Docket Date |
2016-04-29
|
| Type |
Miscellaneous Document
|
| Subtype |
Publish Full
|
| Description |
PUBLISH FULL
|
| View |
View File
|
|
| Docket Date |
2016-04-07
|
| Type |
Disposition
|
| Subtype |
Affirmed/Remanded
|
| Description |
DISP-AFFIRMED/REMANDED ~ Based on the foregoing, we find that the breach-of-contract principles in Pan-Am prohibit the DOT from using sovereign immunity to avoid suit for its breach of the crossing agreement. We also find that DOT is bound by the indemnity provision as a part of the statutorily authorized crossing agreement, and that the limits of liability in section 768.28(5) do not apply. We affirm the Second District's opinion in Department of Transportation v. CSX Transportation, Inc., 128 So. 3d 209 (Fla. 2d DCA 2013), and remand for disposition in accordance with this opinion.It is so ordered.
|
| View |
View File
|
|
| Docket Date |
2014-11-04
|
| Type |
Event
|
| Subtype |
Oral Argument Held
|
| Description |
ORAL ARGUMENT HELD
|
|
| Docket Date |
2014-09-10
|
| Type |
Order
|
| Subtype |
OA Schedule (Prev Accepted)
|
| Description |
ORDER-OA SCHED (PREV ACCEPTED) ~ The Court previously accepted jurisdiction. The Court will hear oral argument at 9:00 a.m., Tuesday, November 4, 2014.A maximum of twenty minutes to the side is allowed for the argument, but counsel is expected to use only so much of that time as is necessary.NO CONTINUANCES WILL BE GRANTED EXCEPT UPON A SHOWING OF EXTREME HARDSHIP.
|
|
| Docket Date |
2014-09-05
|
| Type |
Brief
|
| Subtype |
Reply-Merit
|
| Description |
REPLY BRIEF-MERITS
|
| On Behalf Of |
FLORIDA DEPARTMENT OF TRANSPORTATION
|
|
| Docket Date |
2014-08-19
|
| Type |
Order
|
| Subtype |
Counsel Withdrawal
|
| Description |
ORDER-COUNS WITHDRAWAL GR ~ The motion to withdraw as attorney of record for Respondent CSX Transportation, Inc. is granted and Richard Caldarone is hereby allowed to withdraw as co-counsel.
|
|
| Docket Date |
2014-08-15
|
| Type |
Order
|
| Subtype |
Amicus Curiae
|
| Description |
ORDER-AMICUS CURIAE GR ~ The motion for leave to file brief as amici curiae filed by Florida Justice Reform Institute, Florida Chamber of Commerce and Associated Industries of Florida is hereby granted and they are allowed to file brief only in support of respondent. The brief by the above referenced amici curiae was filed with this Court on July 28, 2014.
|
|
| Docket Date |
2014-08-14
|
| Type |
Motion
|
| Subtype |
Couns Withdrawal
|
| Description |
MOTION-COUNS WITHDRAWAL ~ MOTION TOWITHDRAW APPEARANCE OFRICHARD CALDARONE PURSUANT TOFLORIDA RULE OF APPELLATE PROCEDURE 9.440
|
| On Behalf Of |
CSX TRANSPORTATION, INC.
|
|
| Docket Date |
2014-08-07
|
| Type |
Order
|
| Subtype |
Amicus Curiae
|
| Description |
ORDER-AMICUS CURIAE GR ~ The motion for leave to file brief as amicus curiae filed by the Association of American Railroads is hereby granted and they are allowed to file brief only in support of respondent. The brief by the above referenced amicus curiae was filed with this Court on July 28, 2014.
|
|
| Docket Date |
2014-07-28
|
| Type |
Brief
|
| Subtype |
Amicus Curiae Answer
|
| Description |
AMICUS CURIAE ANSWER BRIEF-MERITS ~ FILED AS BRIEF OF THE ASSOCIATION OF AMERICAN RAILROADS ASAMICUS CURIAE IN SUPPORT OF RESPONDENT CSXTRANSPORTATION, INC.
|
| On Behalf Of |
THE ASSOCIATION OF AMERICAN RAILROADS
|
|
| Docket Date |
2014-07-28
|
| Type |
Motion
|
| Subtype |
Amicus Curiae
|
| Description |
MOTION-AMICUS CURIAE ~ FILED AS MOTION FOR LEAVE OF THE ASSOCIATION OF AMERICAN RAILROADS TO FILE A BRIEF AS AMICUS CURIAE IN SUPPORT OF RESPONDENT CSX TRANSPORTATION, INC.
|
| On Behalf Of |
THE ASSOCIATION OF AMERICAN RAILROADS
|
|
| Docket Date |
2014-07-25
|
| Type |
Motion
|
| Subtype |
Amicus Curiae
|
| Description |
MOTION-AMICUS CURIAE ~ FILED AS AMENDED MOTION FOR LEAVE OF COURT TO FILE AN AMICUS CURIAE BRIEF
|
| On Behalf Of |
Florida Justice Reform Institute
|
|
| Docket Date |
2014-07-25
|
| Type |
Order
|
| Subtype |
Couns Pro Hac Vice (Foreign Counsel)
|
| Description |
ORDER-COUNSEL PRO HAC VICE GR (FOREIGN COUNSEL) ~ The motion to appear pro hac vice filed in the above cause by Daniel Saphire, is hereby granted and counsel's payment of the $100.00 fee required by section 25.241(3), Florida Statutes (2004), was received by this Court on July 22, 2014.
|
|
| Docket Date |
2014-07-24
|
| Type |
Order
|
| Subtype |
Extension of Time (Merits Brief)
|
| Description |
ORDER-EXT OF TIME GR (REPLY BRIEF-MERITS) ~ Petitioner's motion for extension of time is granted and petitioner is allowed to and including September 5, 2014, in which to serve the reply brief on the merits. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO PETITIONER FOR THE FILING OF THE REPLY BRIEF ON THE MERITS.
|
|
| Docket Date |
2014-07-22
|
| Type |
Motion
|
| Subtype |
Couns Pro Hac Vice (Foreign Counsel)
|
| Description |
MOTION-COUNS PRO HAC VICE (FOREIGN COUNSEL) ~ FILED AS VERIFIED MOTION FOR ADMISSION TO APPEAR PRO HAC VICE OF DANIEL SAPHIRE PURSUANTTO FLORIDA RULE OF JUDICIAL ADMINISTRATION 2.510
|
| On Behalf Of |
THE ASSOCIATION OF AMERICAN RAILROADS
|
|
| Docket Date |
2014-06-06
|
| Type |
Brief
|
| Subtype |
Appendix-Merit
|
| Description |
APPENDIX-MERIT BRIEF ~ TO INITIAL BRIEF MERITS
|
| On Behalf Of |
FLORIDA DEPARTMENT OF TRANSPORTATION
|
|
| Docket Date |
2014-07-22
|
| Type |
Notice
|
| Subtype |
Appearance
|
| Description |
NOTICE-APPEARANCE
|
| On Behalf Of |
THE ASSOCIATION OF AMERICAN RAILROADS
|
|
| Docket Date |
2014-07-17
|
| Type |
Brief
|
| Subtype |
Answer-Merit
|
| Description |
ANSWER BRIEF-MERITS
|
| On Behalf Of |
CSX TRANSPORTATION, INC.
|
|
| Docket Date |
2014-07-17
|
| Type |
Motion
|
| Subtype |
Request-Oral Argument
|
| Description |
REQUEST-ORAL ARGUMENT
|
| On Behalf Of |
CSX TRANSPORTATION, INC.
|
|
| Docket Date |
2014-07-11
|
| Type |
Motion
|
| Subtype |
Amicus Curiae
|
| Description |
MOTION-AMICUS CURIAE ~ 07/25/2014: MOTION AMENDED
|
| On Behalf Of |
Florida Justice Reform Institute
|
|
| Docket Date |
2014-06-12
|
| Type |
Order
|
| Subtype |
Amicus Curiae
|
| Description |
ORDER-AMICUS CURIAE GR ~ The motion for leave to file brief as amicus curiae filed by Florida Association of County Attorneys, Inc. is hereby granted and they are allowed to file brief only in support of petitioner. The brief by the above referenced amicus curiae was filed with this Court on June 9, 2014.
|
|
| Docket Date |
2014-06-09
|
| Type |
Motion
|
| Subtype |
Amicus Curiae
|
| Description |
MOTION-AMICUS CURIAE ~ FILED AS UNOPPOSED MOTION FOR LEAVE OF THE FLORIDA ASSOCIATION OF COUNTY ATTORNEYS, INC. TO APPEAR AS AMICAS CURIAE ON BEHALF OF FLORIDA DEPARTMENT OF TRANSPORTATION
|
| On Behalf Of |
FLORIDA ASSOCIATION OF COUNTY ATTORNEYS, INC.
|
|
| Docket Date |
2014-06-09
|
| Type |
Brief
|
| Subtype |
Amicus Curiae Initial
|
| Description |
AMICUS CURIAE INITIAL BRIEF-MERITS
|
| On Behalf Of |
FLORIDA ASSOCIATION OF COUNTY ATTORNEYS, INC.
|
|
| Docket Date |
2014-06-05
|
| Type |
Order
|
| Subtype |
Extension of Time (Merits Brief)
|
| Description |
ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS) ~ Respondent's motion for extension of time is granted and respondent is allowed to and including July 17, 2014, in which to serve the answer brief on the merits. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO RESPONDENT FOR THE FILING OF THE ANSWER BRIEF ON THE MERITS. All other times will be extended accordingly.
|
|
| Docket Date |
2014-06-04
|
| Type |
Order
|
| Subtype |
Other Substantive
|
| Description |
ORDER-OTHER SUBSTANTIVE ~ The above brief was filed but not accompanied by an appendix pursuant to Florida Rule of Appellate Procedure 9.220. Petitioner is directed, on or before June 19, 2014, to serve an original of an appendix. The appendix shall contain an index and a copy of the opinion or order of the district court of appeal to be reviewed and may contain any other portions of the record and other authorities.
|
|
| Docket Date |
2014-06-02
|
| Type |
Motion
|
| Subtype |
Ext of Time (Answer Brief-Merit)
|
| Description |
MOTION-EXT OF TIME (ANSWER BRIEF-MERITS)
|
| On Behalf Of |
CSX TRANSPORTATION, INC.
|
|
| Docket Date |
2014-05-23
|
| Type |
Order
|
| Subtype |
Couns Pro Hac Vice (Foreign Counsel)
|
| Description |
ORDER-COUNSEL PRO HAC VICE GR (FOREIGN COUNSEL) ~ The motion to appear pro hac vice filed in the above cause by Dan Hammelfarb and Richard Caldarone, on behalf of Respondent, CSX Transportation, Inc., are hereby granted and counsels' payment of the $100.00 fee required by section 25.241(3), Florida Statutes (2004), was received by this Court on May 21, 2014.
|
|
| Docket Date |
2014-05-21
|
| Type |
Letter-Case
|
| Subtype |
Letter
|
| Description |
LETTER ~ WITH CHECK FOR $200.00 FOR THE MOTIONS FOR ADMISSION TO APPEAR PRO HAC VICE FOR DAN HIMMELFARB AND RICHARD CALDARONE
|
| On Behalf Of |
CSX TRANSPORTATION, INC.
|
|
| Docket Date |
2014-05-20
|
| Type |
Motion
|
| Subtype |
Couns Pro Hac Vice (Foreign Counsel)
|
| Description |
MOTION-COUNS PRO HAC VICE (FOREIGN COUNSEL)
|
| On Behalf Of |
CSX TRANSPORTATION, INC.
|
|
| Docket Date |
2014-04-24
|
| Type |
Order
|
| Subtype |
Extension of Time (Merits Brief)
|
| Description |
ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS) ~ Petitioner's motion for extension of time is granted and petitioner is allowed to and including May 28, 2014, in which to serve the initial brief on the merits. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO PETITIONER FOR THE FILING OF THE INITIAL BRIEF ON THE MERITS. All other times will be extended accordingly.
|
|
| Docket Date |
2014-04-16
|
| Type |
Motion
|
| Subtype |
Ext of Time (Initial Brief-Merit)
|
| Description |
MOTION-EXT OF TIME (INITIAL BRIEF-MERITS)
|
| On Behalf Of |
FLORIDA DEPARTMENT OF TRANSPORTATION
|
|
| Docket Date |
2014-04-14
|
| Type |
Record
|
| Subtype |
Record/Transcript
|
| Description |
RECORD/TRANSCRIPT ~ 1 CERT. CLERK, 1 VOLUME DCA BRIEFS & 19 VOLUMES RECORD (2 BOXES)
|
| On Behalf Of |
HON. JAMES R. BIRKHOLD, CLERK
|
|
| Docket Date |
2014-04-03
|
| Type |
Order
|
| Subtype |
Juris Accept/Brief Sched (OA Later Date)
|
| Description |
ORDER-JURIS ACCEPT/BRIEF SCHED (OA LATER DATE) ~ The Court accepts jurisdiction of this case. Oral argument will be set by separate order. Counsel for the parties will be notified of the oral argument date approximately sixty days prior to oral argument.Petitioner's initial brief on the merits shall be served on or before April 28, 2014; respondent's answer brief on the merits shall be served twenty days after service of petitioner's initial brief on the merits; and petitioner's reply brief on the merits shall be served twenty days after service of respondent's answer 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 June 2, 2014. The record shall include the briefs filed in the district court separately indexed. The Clerk may provide the record in the format as currently maintained at the district court, either paper or electronic. If an electronic record, the Clerk of the Second District Court of Appeal should contact the Clerk of this Court for instructions on transmittal of the electronic record.
|
|
| Docket Date |
2014-01-22
|
| Type |
Event
|
| Subtype |
No Fee - State
|
| Description |
No Fee - State ~ STATE AGENCY
|
|
| Docket Date |
2014-01-22
|
| Type |
Letter-Case
|
| Subtype |
Acknowledgment Letter-New Case
|
| Description |
ACKNOWLEDGMENT LETTER-NEW CASE
|
|
| Docket Date |
2014-01-09
|
| Type |
Notice
|
| Subtype |
Invoke Discretionary Jurisdiction
|
| Description |
NOTICE-DISCRETIONARY JURIS (CERT GPI)
|
| On Behalf Of |
FLORIDA DEPARTMENT OF TRANSPORTATION
|
|
| Docket Date |
2014-01-09
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NS:No Fee - State
|
|
|
