Jennifer Ripple, etc., Petitioner(s) v. CBS Corporation, et al., Respondent(s)
|
SC2022-0597
|
2022-04-29
|
Closed
|
|
Classification |
Discretionary Review - Notice to Invoke - Certified Direct Conflict
|
Court |
Supreme Court of Florida
|
Originating Court |
4th District Court of Appeal
4D20-1939;
|
Parties
Name |
Estate of Richard D. Counter, Deceased
|
Role |
Petitioner
|
Status |
Active
|
|
Name |
Jennifer Ripple
|
Role |
Petitioner
|
Status |
Active
|
Representations |
Mathew D. Gutierrez
|
|
Name |
Warren Pumps, LLC
|
Role |
Respondent
|
Status |
Active
|
|
Name |
THE GOODYEAR TIRE & RUBBER COMPANY
|
Role |
Respondent
|
Status |
Active
|
Representations |
Amanda R. Cachaldora, Susan J. Cole, Neil A. Covone, Melanie E. Chung-Tims
|
|
Name |
CBS CORPORATION
|
Role |
Respondent
|
Status |
Active
|
Representations |
Matthew J. Conigliaro
|
|
Name |
Bennet Auto Supply
|
Role |
Respondent
|
Status |
Active
|
|
Name |
GENERAL ELECTRIC COMPANY
|
Role |
Respondent
|
Status |
Active
|
|
Name |
JOHN CRANE INC.
|
Role |
Respondent
|
Status |
Active
|
Representations |
Stephanie Selman, Rebecca C. Kibbe, Lucia V. Pazos
|
|
Name |
Coalition for Litigation Justice, Inc.
|
Role |
Amicus - Respondent
|
Status |
Active
|
Representations |
Daniel B. Rogers
|
|
Name |
Hon. Martin John Bidwill
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Broward Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2023-03-15
|
Type |
Motion
|
Subtype |
Ext of Time (Reply Brief-Merit)
|
Description |
Motion for Extension of Time to File Reply Brief on the Merits
|
On Behalf Of |
Jennifer Ripple
|
View |
View File
|
|
Docket Date |
2024-06-07
|
Type |
Miscellaneous Document
|
Subtype |
Publish Full
|
Description |
Publish Full
|
View |
View File
|
|
Docket Date |
2024-05-30
|
Type |
Mandate
|
Subtype |
Mandate Issued
|
Description |
Mandate Issued
|
View |
View File
|
|
Docket Date |
2024-05-09
|
Type |
Disposition
|
Subtype |
Quashed & Remanded
|
Description |
FSC-OPINION: For these reasons, we approve the holding in Domino's that a spouse who married the decedent after the onset of the injury that caused the decedent's death can recover damages as a "surviving spouse" under section 768.21(2). We quash Ripple to the extent that it holds otherwise and remand for proceedings consistent with this opinion. It is so ordered.
|
View |
View File
|
|
Docket Date |
2023-08-23
|
Type |
Notice
|
Subtype |
Supplemental Authority
|
Description |
Petitioner's Notice of Supplemental Authority -- Ellis v. Humana of Fla., Inc., 569 So. 2d 827, 828-29 (Fla. 5th DCA 1990), review denied, 581 So. 2d 163
|
On Behalf Of |
Jennifer Ripple
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View |
View File
|
|
Docket Date |
2023-07-07
|
Type |
Order
|
Subtype |
OA Schedule (Prev Accepted)
|
Description |
The Court previously accepted jurisdiction. The Court will hear oral argument at 9:00 a.m., Wednesday, September 6, 2023.
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.
|
View |
View File
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|
Docket Date |
2023-04-27
|
Type |
Order
|
Subtype |
Extension of Time (Merits Brief)
|
Description |
Petitioner's Motion for Extension of Time is granted and Petitioner's brief was filed with this Court on April 27, 2023.
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View |
View File
|
|
Docket Date |
2023-04-27
|
Type |
Brief
|
Subtype |
Reply-Merit
|
Description |
Petitioner's Reply Brief
|
On Behalf Of |
Jennifer Ripple
|
View |
View File
|
|
Docket Date |
2023-04-24
|
Type |
Motion
|
Subtype |
Ext of Time (Reply Brief-Merit)
|
Description |
Petitioner's Unopposed Motion for Final Extension of Time to File Reply Brief
|
On Behalf Of |
Jennifer Ripple
|
View |
View File
|
|
Docket Date |
2023-03-16
|
Type |
Order
|
Subtype |
Extension of Time (Merits Brief)
|
Description |
Extension of Time (Merits Brief)
Petitioner's Motion for Extension of Time to File Reply Brief on the Merits is granted and Petitioner is allowed to and including April 24, 2023, in which to serve the reply brief on the merits. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.
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View |
View File
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|
Docket Date |
2023-03-14
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Type |
Order
|
Subtype |
Amicus Curiae
|
Description |
The motion for leave to file brief as amicus curiae filed by Coalition for Litigation Justice, Inc. 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 March 06, 2023.
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View |
View File
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|
Docket Date |
2023-03-07
|
Type |
Brief
|
Subtype |
Amicus Curiae Initial
|
Description |
Brief of Amicus Curiae The Coalition for Litigation Justice, Inc. in Support of Respondents
|
On Behalf Of |
Coalition for Litigation Justice, Inc.
|
View |
View File
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|
Docket Date |
2023-03-07
|
Type |
Motion
|
Subtype |
Amicus Curiae
|
Description |
Consented-To Motion to File Amicus Curiae Brief by the Coalition for Litigation Justice, Inc. in Support of Respondents
|
On Behalf Of |
Coalition for Litigation Justice, Inc.
|
View |
View File
|
|
Docket Date |
2023-02-22
|
Type |
Brief
|
Subtype |
Answer-Merit
|
Description |
ANSWER BRIEF-MERITS ~ Answer Brief of Respondents CBS Corporation, General Electric Company, The Goodyear Tire & Rubber Company, John Crane Inc., and Warren Pumps, LLC
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On Behalf Of |
CBS Corporation
|
View |
View File
|
|
Docket Date |
2023-01-24
|
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 February 22, 2023, in which to serve the answer brief on the merits. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.All other times will be extended accordingly.
|
View |
View File
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|
Docket Date |
2023-01-23
|
Type |
Motion
|
Subtype |
Ext of Time (Answer Brief-Merit)
|
Description |
MOTION-EXT OF TIME (ANSWER BRIEF-MERITS)
|
On Behalf Of |
CBS Corporation
|
View |
View File
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|
Docket Date |
2022-12-27
|
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 January 23, 2023, in which to serve the answer brief on the merits. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.All other times will be extended accordingly.
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View |
View File
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Docket Date |
2022-12-21
|
Type |
Motion
|
Subtype |
Ext of Time (Answer Brief-Merit)
|
Description |
MOTION-EXT OF TIME (ANSWER BRIEF-MERITS) ~ Unopposed Motion for Extension of Time
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On Behalf Of |
CBS Corporation
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View |
View File
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|
Docket Date |
2022-11-23
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Type |
Brief
|
Subtype |
Initial-Merit
|
Description |
INITIAL BRIEF-MERITS ~ Petitioner's Initial Brief
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On Behalf Of |
Jennifer Ripple
|
View |
View File
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Docket Date |
2022-11-01
|
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 November 23, 2022, in which to serve the initial brief on the merits. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.All other times will be extended accordingly.
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View |
View File
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|
Docket Date |
2022-10-31
|
Type |
Motion
|
Subtype |
Ext of Time (Initial Brief-Merit)
|
Description |
MOTION-EXT OF TIME (INITIAL BRIEF-MERITS) ~ Petitioner's Unopposed Motion for Final Extension of Time to File Initial Brief
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On Behalf Of |
Jennifer Ripple
|
View |
View File
|
|
Docket Date |
2022-10-11
|
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 November 10, 2022, in which to serve the initial brief on the merits. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.All other times will be extended accordingly.
|
View |
View File
|
|
Docket Date |
2022-10-10
|
Type |
Motion
|
Subtype |
Ext of Time (Initial Brief-Merit)
|
Description |
MOTION-EXT OF TIME (INITIAL BRIEF-MERITS)
|
On Behalf Of |
Jennifer Ripple
|
View |
View File
|
|
Docket Date |
2022-09-08
|
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 October 13, 2022, in which to serve the initial brief on the merits. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.All other times will be extended accordingly.
|
View |
View File
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|
Docket Date |
2022-09-06
|
Type |
Motion
|
Subtype |
Ext of Time (Initial Brief-Merit)
|
Description |
MOTION-EXT OF TIME (INITIAL BRIEF-MERITS)
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On Behalf Of |
Jennifer Ripple
|
View |
View File
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|
Docket Date |
2022-08-29
|
Type |
Record
|
Subtype |
Record/Transcript
|
Description |
RECORD ~ CERTIFIED COPIES OF APPEAL PAPERS * Filed Electronically *
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View |
View File
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|
Docket Date |
2022-07-27
|
Type |
Order
|
Subtype |
Juris Accept/Brief Sched (OA Later Date)
|
Description |
ORDER-JURIS ACCEPT/BRIEF SCHED (OA LATER DATE) ~ In this case, the district court of appeal certified a conflict between two district court of appeal decisions. However, neither of the decisions was Ripple v. CBS Corp., 337 So. 3d 45 (Fla. 4th DCA 2022), the decision for which the petitioner seeks this Court's discretionary review. Under article V, section 3(b)(4) of the Florida Constitution, this Court has the discretion to "review any decision of a district court of appeal . . . that is certified by it to be in direct conflict with a decision of another district court of appeal." This means that the Court has the discretion to review Ripple if the district court certifies Ripple to be in direct conflict with a decision of another district court of appeal. Because the district court did not certify conflict between Ripple and a decision of another district court of appeal, we do not have certified conflict jurisdiction under article V, section 3(b)(4). Nonetheless, we exercise our discretion to review Ripple based on the Court's express and direct conflict jurisdiction, set forth in article V, section 3(b)(3) of the Florida Constitution. Petitioner's initial brief on the merits must be served on or before September 13, 2022; respondent's answer brief on the merits must be served thirty days after service of petitioner's initial brief on the merits; and petitioner's reply brief on the merits must be served thirty days after service of respondent's answer brief on the merits. The Clerk of the Fourth District Court of Appeal must file the record which must be properly indexed and paginated on or before September 6, 2022. The Clerk may provide the record in the format as currently maintained at the district court, either paper or electronic.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.
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View |
View File
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Docket Date |
2022-07-05
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Type |
Brief
|
Subtype |
Juris Answer
|
Description |
JURIS ANSWER BRIEF ~ Brief on Jurisdiction of Respondents CBS Corporation, General Electric Company, John Crane Inc., The Goodyear Tire & Rubber Company, and Warren Pumps, LLC
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On Behalf Of |
CBS Corporation
|
View |
View File
|
|
Docket Date |
2022-06-14
|
Type |
Order
|
Subtype |
Extension of Time (Juris Brief)
|
Description |
ORDER-EXT OF TIME GR (JURIS BRIEF-RESPONDENT) ~ Respondent's motion for extension of time is granted and respondent is allowed to and including July 5, 2022, in which to serve the jurisdictional answer brief. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.
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View |
View File
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|
Docket Date |
2022-06-13
|
Type |
Motion
|
Subtype |
Ext of Time (Juris Brief)
|
Description |
MOTION-EXT OF TIME (JURIS BRIEF)
|
On Behalf Of |
CBS Corporation
|
View |
View File
|
|
Docket Date |
2022-06-13
|
Type |
Notice
|
Subtype |
Appearance
|
Description |
NOTICE-APPEARANCE
|
On Behalf Of |
CBS Corporation
|
View |
View File
|
|
Docket Date |
2022-05-18
|
Type |
Notice
|
Subtype |
Appearance
|
Description |
NOTICE-APPEARANCE
|
On Behalf Of |
John Crane, Inc.
|
View |
View File
|
|
Docket Date |
2022-05-16
|
Type |
Brief
|
Subtype |
Juris Initial
|
Description |
JURIS INITIAL BRIEF
|
On Behalf Of |
Jennifer Ripple
|
View |
View File
|
|
Docket Date |
2022-05-16
|
Type |
Motion
|
Subtype |
Request-Oral Argument
|
Description |
REQUEST-ORAL ARGUMENT
|
On Behalf Of |
Jennifer Ripple
|
View |
View File
|
|
Docket Date |
2022-05-09
|
Type |
Order
|
Subtype |
Extension of Time (Juris Brief)
|
Description |
ORDER-EXT OF TIME GR (JURIS BRIEF-PETITIONER) ~ Petitioner's motion for extension of time is granted, and petitioner is allowed to and including May 16, 2022, in which to serve the brief on jurisdiction. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied. All other times will be extended accordingly.
|
View |
View File
|
|
Docket Date |
2022-05-04
|
Type |
Motion
|
Subtype |
Ext of Time (Juris Brief)
|
Description |
MOTION-EXT OF TIME (JURIS BRIEF) ~ PETITIONER'S UNOPPOSED MOTION FOREXTENSION OF TIME TO FILE BRIEF ON JURISDICTION
|
On Behalf Of |
Jennifer Ripple
|
View |
View File
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|
Docket Date |
2022-05-03
|
Type |
Event
|
Subtype |
Fee Paid Through Portal
|
Description |
Fee Paid Through Portal
|
|
Docket Date |
2022-05-03
|
Type |
Letter-Case
|
Subtype |
Acknowledgment Letter-New Case-Pay Fee
|
Description |
ACKNOWLEDGMENT LETTER-NEW CASE-PAY FEE
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View |
View File
|
|
Docket Date |
2022-05-03
|
Type |
Miscellaneous Document
|
Subtype |
Pay Case Filing Fee-300
|
Description |
PAY CASE FILING FEE-300
|
On Behalf Of |
Jennifer Ripple
|
View |
View File
|
|
Docket Date |
2022-04-29
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
Docket Date |
2022-04-29
|
Type |
Notice
|
Subtype |
Invoke Discretionary Jurisdiction
|
Description |
NOTICE-DISCRETIONARY JURIS (CERT DIRECT CONFLICT)
|
On Behalf Of |
Jennifer Ripple
|
View |
View File
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|
JENNIFER RIPPLE, as Personal Representative of the ESTATE OF RICHARD D. COUNTER, deceased VS BENNET AUTO SUPPLY, et al.
|
4D2020-1939
|
2020-08-28
|
Open
|
|
Classification |
NOA Final - Circuit Civil - Other
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE15-012497
|
Parties
Name |
Jennifer Ripple
|
Role |
Appellant
|
Status |
Active
|
Representations |
Mathew Gutierrez, Juan P. Bauta
|
|
Name |
Estate of Richard D. Counter, deceased
|
Role |
Appellant
|
Status |
Active
|
|
Name |
Bennet Auto Supply
|
Role |
Appellee
|
Status |
Active
|
Representations |
Rebecca C. Kibbe, Matthew J. Conigliaro, Amanda Cachaldora, Anthony Nolan Upshaw, Kaylin S Grey, Ari C. Shapiro, Susan J. Cole, Lucia Veronica Pazos, William J. Simonitsch, Stephen McGuinness, Melanie Chung-Tims, Christopher Collins, Peter Melaragno
|
|
Name |
Warrne Pumps, LLC
|
Role |
Appellee
|
Status |
Active
|
|
Name |
THE GOODYEAR TIRE & RUBBER COMPANY
|
Role |
Appellee
|
Status |
Active
|
|
Name |
JOHN CRANE INC.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
General Electric Corp.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
CRANE CO.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
CBS CORP
|
Role |
Appellee
|
Status |
Active
|
|
Name |
HONEYWELL INTERNATIONAL INC.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Ingersoll - Rand Co.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Forest Wheeler Energy Corp.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Hon. Martin J. Bidwill
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - Broward
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Name |
FLORIDA SUPREME COURT CLERK
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2020-10-12
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellant’s October 12, 2020 status report is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that the certificate of service does not comply in substance with the requirements of Florida Rule of Judicial Administration 2.516(f).
|
|
Docket Date |
2024-05-30
|
Type |
Supreme Court
|
Subtype |
Supreme Court Mandate
|
Description |
Supreme Court Mandate
|
|
Docket Date |
2024-05-09
|
Type |
Supreme Court
|
Subtype |
Supreme Court Opinion
|
Description |
SC2022-0597 Supreme Court Opinion Remanded
|
|
Docket Date |
2023-03-16
|
Type |
Supreme Court
|
Subtype |
Supreme Court Order
|
Description |
Misc. Supreme Court Order ~ SC22-597
|
|
Docket Date |
2023-03-14
|
Type |
Supreme Court
|
Subtype |
Supreme Court Order
|
Description |
Misc. Supreme Court Order ~ SC22-0597
|
|
Docket Date |
2022-08-09
|
Type |
Supreme Court
|
Subtype |
Supreme Court Order
|
Description |
Misc. Supreme Court Order ~ SC22-597 SC ACCEPTS JURISDICTION
|
|
Docket Date |
2022-05-03
|
Type |
Supreme Court
|
Subtype |
Acknowledged Receipt from Supreme Court
|
Description |
Ack. Receipt from Supreme Court ~ SC22-597
|
|
Docket Date |
2022-04-29
|
Type |
Supreme Court
|
Subtype |
Notice to Invok. Disc. Jur. FSC
|
Description |
Notice of Discretionary Jurisdiction to Supreme Court
|
On Behalf Of |
Jennifer Ripple
|
|
Docket Date |
2022-04-29
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice sent to the Supreme Court
|
|
Docket Date |
2022-04-22
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2022-04-22
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2022-03-30
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed in Part/Reversed in Part
|
Description |
Affirmed in Part/Reversed in Part - Per Curiam Opinion
|
|
Docket Date |
2022-02-08
|
Type |
Misc. Events
|
Subtype |
Oral Argument Date Set
|
Description |
Oral Argument Date Set ~ 4DCA
|
|
Docket Date |
2022-01-07
|
Type |
Order
|
Subtype |
Order Re: Video Oral Argument
|
Description |
Order Re: Video Oral Argument ~ ORDERED due to the increase in COVID cases caused by the Omicron variant, that the court sua sponte gives notice that 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 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 request is made due to concerns about the pandemic (no further details are needed); 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 |
2021-01-06
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellant’s January 5, 2021 notice of agreed extension is stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that it is a computer-generated document which does not comply with the font requirements set forth in Rule 9.045(b). See Fla. R. App. P. 9.045(b) (“Computer-generated documents shall be filed in either Arial 14-point font or Bookman Old Style 14-point font.”). An amended document in compliance with Rule 9.045 shall be filed within two (2) days from the date of this order.
|
|
Docket Date |
2021-01-05
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
Description |
Notice of Agreed Extension - Initial Brief
|
On Behalf Of |
Jennifer Ripple
|
|
Docket Date |
2020-11-06
|
Type |
Order
|
Subtype |
Order on Agreed Extension of Time
|
Description |
Recognizing Agreed Extension of Time ~ 60 DAYS TO 01/05/2021
|
|
Docket Date |
2020-11-06
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
Description |
Notice of Agreed Extension - Initial Brief
|
On Behalf Of |
Jennifer Ripple
|
|
Docket Date |
2020-10-26
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Bennet Auto Supply
|
|
Docket Date |
2020-10-21
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ 2,323 PAGES
|
On Behalf Of |
Clerk - Broward
|
|
Docket Date |
2021-12-07
|
Type |
Order
|
Subtype |
Order on Motion/Request for Oral Argument
|
Description |
ORD-Setting Oral Argument ~ This case is set for Oral Argument on February 8, 2022, at 9:30 A.M. for 15 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 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 |
2021-08-24
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument
|
On Behalf Of |
Bennet Auto Supply
|
|
Docket Date |
2021-08-17
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant's Reply Brief
|
On Behalf Of |
Jennifer Ripple
|
|
Docket Date |
2021-07-30
|
Type |
Order
|
Subtype |
Order on Agreed Extension of Time
|
Description |
Recognizing Agreed Extension of Time ~ 15 DAYS TO 08/17/2021
|
|
Docket Date |
2021-07-30
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
Description |
Notice of Agreed Extension - Reply Brief
|
On Behalf Of |
Jennifer Ripple
|
|
Docket Date |
2021-07-01
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief
|
On Behalf Of |
Bennet Auto Supply
|
|
Docket Date |
2021-05-28
|
Type |
Order
|
Subtype |
Order on Agreed Extension of Time
|
Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 07/01/2021
|
|
Docket Date |
2021-05-28
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
Description |
Notice of Agreed Extension - Answer Brief
|
On Behalf Of |
Bennet Auto Supply
|
|
Docket Date |
2021-03-29
|
Type |
Order
|
Subtype |
Order on Agreed Extension of Time
|
Description |
Recognizing Agreed Extension of Time ~ 60 DAYS TO 05/30/2021
|
|
Docket Date |
2021-03-29
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
Description |
Notice of Agreed Extension - Answer Brief
|
On Behalf Of |
Bennet Auto Supply
|
|
Docket Date |
2021-03-02
|
Type |
Motions Relating to Records
|
Subtype |
Motion to Supplement Record
|
Description |
Motion To File Supplemental Record
|
On Behalf Of |
Jennifer Ripple
|
|
Docket Date |
2021-03-02
|
Type |
Record
|
Subtype |
Supplemental Record
|
Description |
Supplemental Records
|
On Behalf Of |
Jennifer Ripple
|
|
Docket Date |
2021-03-02
|
Type |
Order
|
Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
Description |
ORD-Allowing Attachment to Record ~ ORDERED that appellant’s March 2, 2021 motion to supplement the record is granted, and the record is supplemented to include the material requested in the motion. Said supplemental record is deemed filed as of the date of this order.
|
|
Docket Date |
2021-03-02
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
Jennifer Ripple
|
|
Docket Date |
2021-01-29
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
ORD-Initial Brief to be Served ~ ORDERED that appellant’s January 29, 2021 motion for extension of time is granted, and appellant shall serve the initial brief on or before March 1, 2021. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case will be subject to dismissal or the court in its discretion may impose other sanctions. Appellant is advised that no further extensions will be granted absent a detailed explanation for why the initial 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 |
2021-01-29
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Mot. for Extension of time to file Initial Brief ~ CORRECTED
|
On Behalf Of |
Jennifer Ripple
|
|
Docket Date |
2021-01-29
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Bennet Auto Supply
|
|
Docket Date |
2021-01-28
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Bennet Auto Supply
|
|
Docket Date |
2021-01-28
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellee Melanie Chung-Tims Esq.’s January 28, 2021 notice of appearance is stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that it is a computer-generated document which does not comply with the font requirements set forth in Rule 9.045(b). See Fla. R. App. P. 9.045(b) (“Computer-generated documents shall be filed in either Arial 14-point font or Bookman Old Style 14-point font.”). An amended document in compliance with Rule 9.045 shall be filed within two (2) days from the date of this order. Further, ORDERED that appellee’s notice of appearance is also stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that the certificate of service does not comply in substance with the requirements of Florida Rule of Judicial Administration 2.516(f).
|
|
Docket Date |
2021-01-27
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
ORD-Initial Brief to be Served ~ ORDERED that appellant’s January 26, 2021 motion for extension of time is granted in part, and appellant shall serve the initial brief within seven (7) days from the current due date. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case will be subject to dismissal or the court in its discretion may impose other sanctions. Appellant is advised that no further extensions will be granted absent a detailed explanation for why the initial 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 |
2021-01-26
|
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 |
Jennifer Ripple
|
|
Docket Date |
2021-01-08
|
Type |
Order
|
Subtype |
Order on Agreed Extension of Time
|
Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 02/04/2021
|
|
Docket Date |
2021-01-08
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
Description |
Notice of Agreed Extension - Initial Brief
|
On Behalf Of |
Jennifer Ripple
|
|
Docket Date |
2020-10-12
|
Type |
Misc. Events
|
Subtype |
Status Report
|
Description |
Status Report
|
On Behalf Of |
Jennifer Ripple
|
|
Docket Date |
2020-10-02
|
Type |
Order
|
Subtype |
Order to File Status Report
|
Description |
Order for Status Report Re: ROA ~ Upon consideration of the Affidavit of Non-Payment of Appeal Invoice filed by the clerk of the lower tribunal on September 24, 2020, appellant is ordered to file a report, within ten (10) days from the date of this order, as to the status of the payment and preparation of the record on appeal.
|
|
Docket Date |
2020-09-24
|
Type |
Misc. Events
|
Subtype |
Affidavit
|
Description |
Affidavit ~ OF NON-PAYMENT OF APPEAL INVOICE
|
On Behalf Of |
Clerk - Broward
|
|
Docket Date |
2020-09-03
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
Case Filing Fee Paid Through Portal
|
On Behalf Of |
Jennifer Ripple
|
|
Docket Date |
2020-09-03
|
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 |
2020-09-03
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2020-08-28
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
Jennifer Ripple
|
|
Docket Date |
2020-08-28
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
|
LINDA P. SEVERINO AND FRANK SEVERINO VS LAZY DAY'S R.V. CENTER, LLC, ET AL.,
|
2D2017-4827
|
2017-11-28
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Other
|
Court |
2nd District Court of Appeal
|
Originating Court |
Circuit Court for the Thirteenth Judicial Circuit, Hillsborough County
12-CA-17948
|
Parties
Name |
FRANK SEVERINO
|
Role |
Appellant
|
Status |
Active
|
|
Name |
LINDA P. SEVERINO
|
Role |
Appellant
|
Status |
Active
|
Representations |
JULIE H. LITTKY - RUBIN, ESQ.
|
|
Name |
DOMINIC A. CALABRO
|
Role |
Appellee
|
Status |
Active
|
|
Name |
LAZY DAY'S R.V. CENTER, LLC
|
Role |
Appellee
|
Status |
Active
|
Representations |
SCOTT A. RICHMAN, ESQ., FRANCIS M. MC DONALD, ESQ., JAMES P. HANRATTY, ESQ.
|
|
Name |
SP REIFENWERKE G.M.B.H.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
THE GOODYEAR TIRE & RUBBER COMPANY
|
Role |
Appellee
|
Status |
Active
|
|
Name |
GOODYEAR DUNLOP TIRES GERMANY
|
Role |
Appellee
|
Status |
Active
|
|
Name |
GOODYEAR LUXEMBOURG TIRES S. A
|
Role |
Appellee
|
Status |
Active
|
|
Name |
HON. RICHARD A. NIELSEN
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
HILLSBOROUGH CLERK
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2018-04-20
|
Type |
Order
|
Subtype |
Order on Miscellaneous Motion
|
Description |
Deny Miscellaneous Motion-79a ~ As the record on appeal was filed in this court in redacted form and as the appellants have voluntarily dismissed this appeal, the appellants' motion to maintain confidentiality of the trial court records, which seeks leave of the court to file certain record documents in unredacted form and to have the court maintain them as confidential, is denied as moot.
|
|
Docket Date |
2018-03-19
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
ORDER GRANTING VOLUNTARY DISMISSAL
|
|
Docket Date |
2018-03-19
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Clerk
|
|
Docket Date |
2018-03-15
|
Type |
Motions Other
|
Subtype |
Motion/Notice Voluntary Dismissal
|
Description |
Notice of Voluntary Dismissal
|
On Behalf Of |
LINDA P. SEVERINO
|
|
Docket Date |
2018-03-01
|
Type |
Order
|
Subtype |
Order on Motion to Stay
|
Description |
Grant Stay-55 ~ The appellants' motion to stay the appeal is granted to the extent that this appeal shall be held in abeyance for 45 days from the date of this order, by the end of which period the appellants shall either serve the initial brief or file a notice of voluntary dismissal or a status report. The appellants' motion to maintain confidentiality of trial court records remains pending. If the circumstances are such that the appeal is not to be dismissed, the appellants should remind this court of the pending motion in their status report.
|
|
Docket Date |
2018-02-21
|
Type |
Motions Other
|
Subtype |
Motion To Stay
|
Description |
Motion To Stay ~ NOTICE OF SETTLEMENT AND MOTION TO STAY APPEAL PENDINGEXECUTION OF SETTLEMENT DOCUMENTS
|
On Behalf Of |
LINDA P. SEVERINO
|
|
Docket Date |
2018-02-12
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ APPELLANTS' RESPONSE TO THE COURT'S ORDER OF FEBRUARY 5, 2018
|
On Behalf Of |
LINDA P. SEVERINO
|
|
Docket Date |
2018-02-08
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ NIELSEN - REDACTED - 1289 PAGES
|
|
Docket Date |
2018-02-05
|
Type |
Order
|
Subtype |
Order
|
Description |
Miscellaneous Order ~ Upon further review of the agreed motion to maintain confidentiality of trial court records, the court directs further clarification from the appellants. It is not clear from the paragraph labeled "(1)" on page 3 of the motion whether the unredacted versions of the redacted documents are on file with the clerk of the circuit court. In either case, however, it appears that the parties wish to have the record, as redacted, transmitted by the clerk of the circuit court according to standard procedure but to file unredacted versions of the specified record documents directly in this court, instead of having the circuit clerk transmit them. The appellant shall within 10 days of the date of this order clarify whether the unredacted versions of documents were before the trial court and whether they are on file with the circuit clerk. If they were not before the trial court, the appellants shall address the propriety of this court's reviewing the unredacted records in the first instance. See, e.g., Altchiler v. State, Dept. of Professional Regulation, Div. of Professions, Bd. of Dentistry, 442 So. 2d 349, 350 (Fla. 1st DCA 1983). If the unredacted versions of the record were before the trial court, the appellants shall explain why their proposed method of directly filing them with this court should be necessary. The appellees may reply within 10 days of service of the appellants' response, or the parties may stipulate to a single response.
|
|
Docket Date |
2018-01-25
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ PLAINTIFFS/APPELLANTS' SUPPLEMENT TO THEIR AGREED MOTION TO MAINTAIN CONFIDENTIALITY OF THE TRIAL COURT RECORDS IN THIS NON-CRIMINAL CASE ON APPEAL PURSUANT TO RULE 2.420(e) AND PERMISSION TO FILE UNREDACTED VERSIONS OF THE DOCUMENT THAT WILL BE KEPT CONFIDENTIAL
|
On Behalf Of |
LINDA P. SEVERINO
|
|
Docket Date |
2018-01-24
|
Type |
Order
|
Subtype |
Order
|
Description |
Miscellaneous Order ~ Within 10 days of the date of this order the appellants shall supplement their motion to maintain confidentiality of trial court records with (1) copies of any trial court orders directing that specified records are to be kept confidential and (2) a clarification of whether records designated confidential must be kept confidential from any party to this appeal.
|
|
Docket Date |
2018-01-23
|
Type |
Motions Other
|
Subtype |
Motion to Determine Confidentiality
|
Description |
Motion to Determine Confidentiality of Court Records ~ AGREED MOTION TO MAINTAIN CONFIDENTIALITY OF THE TRIAL COURT RECORDS IN THIS NON-CRIMINAL CASE ON APPEAL PURSUANT TO RULE 2.420(e) AND PERMISSION TO FILE UNREDACTED VERSIONS OF THE DOCUMENT THAT WILL BE KEPT CONFIDENTIAL
|
On Behalf Of |
LINDA P. SEVERINO
|
|
Docket Date |
2017-12-28
|
Type |
Order
|
Subtype |
Order Discharging Show Cause Order
|
Description |
ORD-DISCHARGING SHOW CAUSE ~ The December 7, 2017 order to show cause is discharged.
|
|
Docket Date |
2017-12-28
|
Type |
Notice
|
Subtype |
Amended Notice of Appeal
|
Description |
Amended Notice of Appeal
|
|
Docket Date |
2017-12-22
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ PLAINTIFFS/APPELLANTS' RESPONSE TO THE COURT'S ORDER TOSHOW CAUSE OF DECEMBER 7, 2017
|
On Behalf Of |
LINDA P. SEVERINO
|
|
Docket Date |
2017-12-07
|
Type |
Order
|
Subtype |
Show Cause Jurisdiction
|
Description |
OSC/Better Gov't Ass'n [summary judgment) ~ *DISCHARGED-SEE 12/28/17 ORDER.*
|
|
Docket Date |
2017-12-07
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter 1
|
|
Docket Date |
2017-11-28
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
LINDA P. SEVERINO
|
|
Docket Date |
2017-11-28
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
|
THE GOODYEAR TIRE & RUBBER COMPANY VS LINDA P. SEVERINO, ET AL
|
2D2017-1222
|
2017-03-27
|
Closed
|
|
Classification |
Original Proceedings - Circuit Civil - Certiorari
|
Court |
2nd District Court of Appeal
|
Originating Court |
Circuit Court for the Thirteenth Judicial Circuit, Hillsborough County
12-CA-017948
|
Parties
Name |
THE GOODYEAR TIRE & RUBBER COMPANY
|
Role |
Appellant
|
Status |
Active
|
Representations |
WENDY F. LUMISH, ESQ., M. Gary Toole, Esq., SCOTT A. RICHMAN, ESQ.
|
|
Name |
LINDA P. SEVERINO
|
Role |
Appellee
|
Status |
Active
|
Representations |
JULIE H. LITTKY - RUBIN, ESQ., JAMES P. HANRATTY, ESQ., L. JASON CORNELL, ESQ., DONALD FOUNTAIN, ESQ., SUZAN BATES, ESQ.
|
|
Name |
FRANK SEVERINO
|
Role |
Appellee
|
Status |
Active
|
|
Name |
HILLSBOROUGH CLERK
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2017-11-01
|
Type |
Order
|
Subtype |
Order on Motion/Notice Voluntary Dismissal (non-dispositive)
|
Description |
voluntary dismissal of writ ~ Petitioner's notice of voluntary dismissal of petition for certiorari is accepted and this petition for writ of certiorari is dismissed.
|
|
Docket Date |
2017-11-01
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Judge
|
|
Docket Date |
2017-10-26
|
Type |
Motions Other
|
Subtype |
Motion/Notice Voluntary Dismissal
|
Description |
Notice of Voluntary Dismissal
|
On Behalf Of |
THE GOODYEAR TIRE & RUBBER COMPANY
|
|
Docket Date |
2017-09-29
|
Type |
Order
|
Subtype |
Order on Motion to Stay
|
Description |
Grant Stay-55 ~ Petitioner's "agreed motion for stay of further action pending settlement" is granted for 30 days.
|
|
Docket Date |
2017-09-13
|
Type |
Motions Other
|
Subtype |
Motion To Stay
|
Description |
Motion To Stay
|
On Behalf Of |
THE GOODYEAR TIRE & RUBBER COMPANY
|
|
Docket Date |
2017-09-01
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ *CONTAINED IN CONFIDENTIAL FOLDER*
|
On Behalf Of |
LINDA P. SEVERINO
|
|
Docket Date |
2017-09-01
|
Type |
Notice
|
Subtype |
Notice of Confidential Information within Court Filing
|
Description |
Notice of Confidential Information Within Court Filing
|
On Behalf Of |
LINDA P. SEVERINO
|
|
Docket Date |
2017-08-29
|
Type |
Order
|
Subtype |
Order on Miscellaneous Motion
|
Description |
Grant Miscellaneous Motion-79 ~ Upon further consideration of the July 29, 2013, confidentiality agreement and protective order, the parties' agreed motion, filed July 17, 2017, is granted to the extent that this court will treat as confidential all of those items covered by the confidentiality agreement and protective order. Further action by the circuit court is not necessary. Within five days from the date of this order, Respondents shall file an unredacted response to the petition, accompanied by a notice of confidential information in court filing.
|
|
Docket Date |
2017-07-17
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Miscellaneous Motion ~ AGREED MOTION WITH RESPECT TO PROCEDURE FOR ADDRESSING CONFIDENTIALITY OF INFORMATION CONTAINED WITHIN GOODYEAR'S REPLY IN SUPPORT OF AMENDED PETITION FOR WRIT OF CERTIORARI
|
On Behalf Of |
THE GOODYEAR TIRE & RUBBER COMPANY
|
|
Docket Date |
2017-07-17
|
Type |
Misc. Events
|
Subtype |
Status Report
|
Description |
Status Report ~ PETITIONER'S STATUS REPORT TO THE COURT ON MOTION FOR STAY RELATED TO CONFIDENTIAL DOCUMENTS
|
On Behalf Of |
THE GOODYEAR TIRE & RUBBER COMPANY
|
|
Docket Date |
2017-07-17
|
Type |
Response
|
Subtype |
Reply
|
Description |
REPLY ~ LOCATED IN CONFIDENTIAL FOLDER - NOTICE OF CONFIDENTIALITY - RELATED TO ATTACHED REPLY IN SUPPORT OF AMENDED PETITION FOR WRIT OF CERTIORARI
|
On Behalf Of |
THE GOODYEAR TIRE & RUBBER COMPANY
|
|
Docket Date |
2017-07-12
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Grant EOT (general)-74c ~ The petitioner's motion for an extension of time is granted. The reply shall be served by July 27, 2017.
|
|
Docket Date |
2017-07-11
|
Type |
Motions Extensions
|
Subtype |
Motion Extension of Time To Reply To Response
|
Description |
Motion Extension of TimeTo Reply To Response
|
On Behalf Of |
THE GOODYEAR TIRE & RUBBER COMPANY
|
|
Docket Date |
2017-06-29
|
Type |
Order
|
Subtype |
Order on Miscellaneous Motion
|
Description |
Grant Miscellaneous Motion-79 ~ The respondents' motion seeking expedited review is granted to the extent that the petition will be assigned to the next available merits panel. The parties shall note, however, that there is no guarantee that this proceeding will be concluded by the parties' projected trial date.
|
|
Docket Date |
2017-06-27
|
Type |
Motions Other
|
Subtype |
Motion To Expedite
|
Description |
Motion To Expedite ~ AMENDED1 MOTION SEEKING EXPEDITED REVIEW DUE TO IMPENDING SPECIAL SET TRIAL DATE
|
On Behalf Of |
LINDA P. SEVERINO
|
|
Docket Date |
2017-06-23
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ PLAINTIFFS/RESPONDENTS' RESPONSE TO THE GOODYEAR TIRE& RUBBER COMPANY'S PETITION FOR WRIT OF CERTIORARI *with redactions*
|
On Behalf Of |
LINDA P. SEVERINO
|
|
Docket Date |
2017-06-23
|
Type |
Motions Other
|
Subtype |
Motion To Expedite
|
Description |
Motion To Expedite ~ MOTION SEEKING EXPEDITED REVIEW DUE TO IMPENDINGSPECIAL SET TRIAL DATE
|
On Behalf Of |
LINDA P. SEVERINO
|
|
Docket Date |
2017-06-19
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to File Response
|
Description |
grant eot for cert response
|
|
Docket Date |
2017-06-16
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to File Response
|
Description |
Motion Extension of time To File Response
|
On Behalf Of |
LINDA P. SEVERINO
|
|
Docket Date |
2017-06-16
|
Type |
Misc. Events
|
Subtype |
Status Report
|
Description |
Status Report ~ PETITIONER'S STATUS REPORT TO THE COURT ON MOTION FOR STAY RELATED TO CONFIDENTIAL DOCUMENTS
|
On Behalf Of |
THE GOODYEAR TIRE & RUBBER COMPANY
|
|
Docket Date |
2017-06-08
|
Type |
Order
|
Subtype |
Order on Motion to Stay
|
Description |
Grant Stay-55 ~ The petitioner's agreed motion for stay is granted. Those portions of the originally filed petition for writ of certiorari and appendix identified as confidential in the petitioner's March 27, 2017, agreed notice of filing and those portions of the amended petition and appendix identified as confidential in the petitioner's May 30, 2017, notice of filing shall be held confidential by this court pending the trial court's resolution of the motion that the petitioner proposed to file in the trial court. By June 16, 2017, the petitioner shall file in this court either a status report or, if the trial court has ruled on the motion, an appropriate motion. To the extent that the trial court rules that certain records are confidential, the petitioner should, in a motion to determine confidentiality of court records filed in this court, identify with specificity those records and their locations in the appendix and amended appendix, along with references thereto in the petition and amended petitions for writ of certiorari. Cf. Fla. R. Jud. Admin. 2.420(g)(8).
|
|
Docket Date |
2017-06-01
|
Type |
Order
|
Subtype |
Order on Motion To Strike
|
Description |
Grant Motion to Strike ~ The petioner's motion to strike is granted. The petition for writ of certiorari and its appendix filed on March 27, 2017, are stricken.
|
|
Docket Date |
2017-05-30
|
Type |
Record
|
Subtype |
Amended Appendix
|
Description |
AMENDED APPENDIX OR ATTACHMENT
|
On Behalf Of |
THE GOODYEAR TIRE & RUBBER COMPANY
|
|
Docket Date |
2017-05-30
|
Type |
Notice
|
Subtype |
Notice of Filing
|
Description |
Notice of Filing ~ AGREED NOTICE OF FILING AMENDED PETITION FOR WRIT OF CERTIORARI AND AMENDED APPENDIX WITH CONFIDENTIAL DOCUMENTS/INFORMATION
|
On Behalf Of |
THE GOODYEAR TIRE & RUBBER COMPANY
|
|
Docket Date |
2017-05-30
|
Type |
Petition
|
Subtype |
Petition
|
Description |
Petition Filed ~ AMENDED PETITION FOR WRIT OF CERTIORARI
|
On Behalf Of |
THE GOODYEAR TIRE & RUBBER COMPANY
|
|
Docket Date |
2017-05-30
|
Type |
Motions Other
|
Subtype |
Motion To Strike
|
Description |
Motion To Strike ~ AGREED MOTION TO STRIKE PETITION FOR WRIT OF CERTIORARI AND APPENDIX FILED ON MARCH 27, 2017
|
On Behalf Of |
THE GOODYEAR TIRE & RUBBER COMPANY
|
|
Docket Date |
2017-05-23
|
Type |
Motions Other
|
Subtype |
Motion To Stay
|
Description |
Motion To Stay ~ PETITIONER'S AGREED MOTION FOR STAY OF THE COURT'S MAY 15, 2017 ORDER REGARDING CONFIDENTIALITY OF DOCUMENTS IN GOODYEAR'S PETITION AND APPENDIX TO ALLOW THE TRIAL COURT THE OPPORTUNITY TO RULE ON THE CONFIDENTIALITY OF SUCH INFORMATION
|
On Behalf Of |
THE GOODYEAR TIRE & RUBBER COMPANY
|
|
Docket Date |
2017-05-15
|
Type |
Order
|
Subtype |
Order
|
Description |
MISCELLANEOUS ORDER ~ The petitioner's agreed notice of filing petition for writ of certiorari and appendix with confidential documents/information is noted. The court will take no action on the filing except as delineated herein. Within 10 days of the date of this order, either party may file a notice of confidential information within court filing or a motion to determine confidentiality of court records, or both, pursuant to Florida Rule of Judicial Administration 2.420(d), (g); see also Fla. R. Jud. Admin. 2.420(c). Any such motion must, at a minimum, clarify the following: (1) whether the trial court has determined whether any of the documents at issue are confidential. See Rocket Group, LLC v. Jatib, 114 So. 3d 398, 400-01 (Fla. 4th DCA 2013); (2) whether any of the documents identified in the motion are also the document(s) at issue in the certiorari petition; (3) whether any of the documents identified in the motion are to be kept confidential from a party to the certiorari petition as well as from the public. A notice or motion must separately identify the legal basis for maintaining the confidentiality of each document at issue. The court will maintain the confidentiality of the petition for certiorari and its appendix for 10 days from the date of this order and, if a notice and/or motion is filed, while the notice or motion is being reviewed by the court. In the absence of the timely filing of a notice and/or motion, the confidential designations will be removed from the court's docket.
|
|
Docket Date |
2017-05-02
|
Type |
Motions Relating to Briefs
|
Subtype |
Motion to Amend Brief
|
Description |
Motion For Leave To File Amended Brief ~ PETITIONER'S AGREED MOTION FOR LEAVE TO FILE AMENDED PETITION FOR WRIT OF CERTIORARI
|
On Behalf Of |
THE GOODYEAR TIRE & RUBBER COMPANY
|
|
Docket Date |
2017-04-18
|
Type |
Order
|
Subtype |
Order on Miscellaneous Motion
|
Description |
Grant Miscellaneous Motion-79 ~ Respondents' agreed notice of filing motion seeking stay of time to respond to show cause order while plaintiffs/respondents seek an amended order from the trial court with confidential documents/information is treated as a motion for extension of time to serve the response to the petition for writ of certiorari. The motion is granted to the extent that the response shall be served within 30 days from the date of this order. The parties shall file the trial court's amended order requiring disclosure of trade secret information.
|
|
Docket Date |
2017-04-17
|
Type |
Notice
|
Subtype |
Notice of Filing
|
Description |
Notice of Filing ~ AGREED NOTICE OF FILING MOTION SEEKING STAY OF TIME TO RESPOND TO SHOW CAUSE ORDER WHILE PLAINTIFFS/RESPONDENTS SEEK AN AMENDED ORDER FROM THE TRIAL COURT WITH CONFIDENTIAL DOCUMENTS/INFORMATION
|
On Behalf Of |
LINDA P. SEVERINO
|
|
Docket Date |
2017-04-17
|
Type |
Motions Other
|
Subtype |
Motion To Stay
|
Description |
Motion To Stay ~ ***CONFIDENTIAL*** MOTION SEEKING STAY OF TIME TO RESPOND TO SHOW CAUSE ORDER WHILE PLAINTIFFS/RESPONDENTS SEEK AN AMENDED ORDER FROM THE TRIAL COURT
|
On Behalf Of |
LINDA P. SEVERINO
|
|
Docket Date |
2017-04-04
|
Type |
Order
|
Subtype |
Order to Respond to Petition
|
Description |
certiorari response - pretrial ~ Respondent shall serve a response to the petition for writ of certiorari within 20 days. Petitioner may serve a reply within 20 days thereafter. The parties shall keep this court apprised of all hearings or trial dates that may affect this proceeding.
|
|
Docket Date |
2017-03-27
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
fee - civil; atty
|
|
Docket Date |
2017-03-27
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix ~ ***STRICKEN***(see 06/01/17 ord)
|
On Behalf Of |
THE GOODYEAR TIRE & RUBBER COMPANY
|
|
Docket Date |
2017-03-27
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter 1
|
|
Docket Date |
2017-03-27
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
Docket Date |
2017-03-27
|
Type |
Notice
|
Subtype |
Notice of Confidential Information within Court Filing
|
Description |
Notice of Confidential Information Within Court Filing ~ AGREED NOTICE OF FILING PETITION FOR WRIT OF CERTIORARIAND APPENDIX WITH CONFIDENTIAL DOCUMENTS/INFORMATION
|
On Behalf Of |
THE GOODYEAR TIRE & RUBBER COMPANY
|
|
Docket Date |
2017-03-27
|
Type |
Petition
|
Subtype |
Petition
|
Description |
Petition Filed ~ ***STRICKEN***
|
On Behalf Of |
THE GOODYEAR TIRE & RUBBER COMPANY
|
|
|
THE GOODYEAR TIRE & RUBBER COMPANY VS MICHELLE TURCOTTE
|
2D2016-5652
|
2016-12-08
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Other
|
Court |
2nd District Court of Appeal
|
Originating Court |
Circuit Court for the Twelfth Judicial Circuit, Sarasota County
2013-CA-008160-NC
|
Parties
Name |
MICHELLE TURCOTTE
|
Role |
Appellee
|
Status |
Active
|
Representations |
JESSE R. BUTLER, ESQ., RAYMOND T. ELLIGETT, JR., ESQ., CHARLES W. DENNY, I V, ESQ., A. JAMES ROLFES, ESQ., AMY S. FARRIOR, ESQ.
|
|
Name |
SARASOTA CLERK
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Name |
THE GOODYEAR TIRE & RUBBER COMPANY
|
Role |
Appellant
|
Status |
Active
|
Representations |
WENDY F. LUMISH, ESQ., M. Gary Toole, Esq., ALINA ALONSO RODRIGUEZ, ESQ., BIANCA G. LISTON, ESQ., LINNEA EBERHART, ESQ.
|
|
Docket Entries
Docket Date |
2018-01-04
|
Type |
Order
|
Subtype |
Order
|
Description |
Miscellaneous Order ~ Appellant's agreed motion to utilize the record from case 2D16-5652 is granted to the extent that the record in 2D16-5652 shall serve as the record in the present appeal, and the parties may file motions to supplement the record as necessary. *SEE ORDER IN 17-4678.*
|
|
Docket Date |
2017-12-22
|
Type |
Order
|
Subtype |
Order
|
Description |
Miscellaneous Order ~ Appellee has filed a motion for appellate attorney fees based on section 559.921(1), Florida Statutes. Appellee's motion also seeks appellate attorney fees based on a rejected proposal for settlement and section 768.79, Florida Statutes. Appellee's request pursuant to section 559.921(1) is granted, subject to the trial court's determination as to the reasonable amount of fees. Appellee's request pursuant to section 768.79 is also granted, contingent upon the trial court's determination that Appellee is entitled to the same under section 768.79 and Florida Rule of Civil Procedure 1.442. If a finding of entitlement is made, the trial court shall determine the appropriate amount of the award. See Fla. R. App. P. 9.400(b).
|
|
Docket Date |
2017-09-13
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to File Response
|
Description |
Motion for Extension of Time to File Response ~ TO APPELLEE'S MOTION FOR ATTORNEY'S FEES
|
On Behalf Of |
THE GOODYEAR TIRE & RUBBER COMPANY
|
|
Docket Date |
2017-08-09
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Grant EOT (general)-74c ~ Appellant's motion for an extension of time to serve the response to Appellee's motion for attorney's fees is granted, and the response shall be filed by September 20, 2017.
|
|
Docket Date |
2017-07-28
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
ORD-STRICKEN ~ The appellee's notice of confidential information within court filing is stricken. The appendix to the answer brief will be held confidential for 10 days from the date of this order and thereafter removed from the confidential docket unless a party files a notice of confidential information within court filing or a motion to determine confidentiality of court records that identifies the specific legal authority requiring the court to maintain the confidentiality of the appendix. If the trial court has sealed or deemed the material confidential, the movant shall so state and attach the relevant order.
|
|
Docket Date |
2017-03-24
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
ORD-STRICKEN ~ The parties' joint notice regarding confidentiality of record on appeal is stricken without prejudice. To the extent that the parties are concerned about material already deemed confidential by the trial court, the clerk of the circuit court will mark the record index appropriately. See Fla. R. App. P. 9.200(1)(A). To the extent that the parties are concerned with material still under consideration by the trial court as being confidential or not, the parties may wish to arrange with the clerk of the circuit court to delay transmission of the record until after the trial court issues a ruling. Cf. Fla. R. App. P. 9.600(a). In any event, this court will not hold the entire transmitted record confidential on the possibility that certain documents contained therein, as yet unidentified by the parties and not yet finally considered by the trial court, may contain confidential material. If the record is transmitted before the trial court finally rules on motions to determine confidentiality of court records, the parties must file a motion pursuant to Florida Rule of Judicial Administration 2.420(g) to have this court determine the confidentiality of specified materials in the record. Finally, if by "sealed" the parties are referring to record materials that are permitted to be viewed by only one party, a moving party must so specify in an appropriate motion.
|
|
Docket Date |
2017-12-12
|
Type |
Misc. Events
|
Subtype |
Oral Argument Date Set
|
Description |
Oral Argument Date Set ~ Tampa
|
|
Docket Date |
2018-01-25
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2017-12-22
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed - Per Curiam Affirmed
|
|
Docket Date |
2017-12-11
|
Type |
Notice
|
Subtype |
Notice of Supplemental Authority
|
Description |
Notice of Supplemental Authority
|
On Behalf Of |
MICHELLE TURCOTTE
|
|
Docket Date |
2017-12-07
|
Type |
Notice
|
Subtype |
Notice of Related Case or Issue
|
Description |
Notice of Related Case
|
On Behalf Of |
THE GOODYEAR TIRE & RUBBER COMPANY
|
|
Docket Date |
2017-11-28
|
Type |
Notice
|
Subtype |
Notice of Supplemental Authority
|
Description |
Notice of Supplemental Authority
|
On Behalf Of |
MICHELLE TURCOTTE
|
|
Docket Date |
2017-10-02
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ APPELLANT THE GOODYEAR TIRE & RUBBER COMPANY'S RESPONSE IN OPPOSITION TO APPELLEE'S MOTION FOR ATTORNEY'S FEES
|
On Behalf Of |
THE GOODYEAR TIRE & RUBBER COMPANY
|
|
Docket Date |
2017-10-02
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant Reply Brief
|
On Behalf Of |
THE GOODYEAR TIRE & RUBBER COMPANY
|
|
Docket Date |
2017-09-25
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to File Response
|
Description |
Grant EOT Response to Court Order-74a ~ Appellant's motion for an extension of time to serve the response to Appellee's motion for appellate attorney's fees is granted. The response shall be served by October 2, 2017.
|
|
Docket Date |
2017-09-13
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ 10- RB DUE 09/30/17
|
On Behalf Of |
THE GOODYEAR TIRE & RUBBER COMPANY
|
|
Docket Date |
2017-08-08
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to File Response
|
Description |
Motion Extension of time To File Response ~ APPELLANT'S UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE ITS RESPONSE TO APPELLEE'S MOTION FOR ATTORNEY'S FEES
|
On Behalf Of |
THE GOODYEAR TIRE & RUBBER COMPANY
|
|
Docket Date |
2017-08-08
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ 30- RB DUE 09/20/17 *AMENDED NOTICE OF AGREED EXTENSION OF TIME TO FILE APPELLANT'S REPLY BRIEF
|
On Behalf Of |
THE GOODYEAR TIRE & RUBBER COMPANY
|
|
Docket Date |
2017-08-07
|
Type |
Order
|
Subtype |
Order Striking Stipulation for Extension
|
Description |
strike stip for eot - more than one brief
|
|
Docket Date |
2017-08-07
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time
|
On Behalf Of |
THE GOODYEAR TIRE & RUBBER COMPANY
|
|
Docket Date |
2017-08-04
|
Type |
Notice
|
Subtype |
Notice of Confidential Information within Court Filing
|
Description |
Notice of Confidential Information Within Court Filing
|
On Behalf Of |
THE GOODYEAR TIRE & RUBBER COMPANY
|
|
Docket Date |
2017-08-01
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ APPELLEE'S RESPONSE TO COURT'S ORDER CONCERNING CONFIDENTIALITY OF APPENDIX DOCUMENTS
|
On Behalf Of |
MICHELLE TURCOTTE
|
|
Docket Date |
2017-07-26
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee Answer Brief
|
On Behalf Of |
MICHELLE TURCOTTE
|
|
Docket Date |
2017-07-26
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees
|
On Behalf Of |
MICHELLE TURCOTTE
|
|
Docket Date |
2017-07-26
|
Type |
Notice
|
Subtype |
Notice of Confidential Information within Court Filing
|
Description |
Notice of Confidential Information Within Court Filing ~ ***STRICKEN***
|
On Behalf Of |
MICHELLE TURCOTTE
|
|
Docket Date |
2017-06-14
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ 30-AB DUE 07/26/17
|
On Behalf Of |
MICHELLE TURCOTTE
|
|
Docket Date |
2017-06-07
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Appellant Brief on Merits
|
On Behalf Of |
THE GOODYEAR TIRE & RUBBER COMPANY
|
|
Docket Date |
2017-06-07
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument
|
On Behalf Of |
THE GOODYEAR TIRE & RUBBER COMPANY
|
|
Docket Date |
2017-05-25
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ AREND **CONFIDENTIAL** 2794 PAGES
|
|
Docket Date |
2017-01-17
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
Case Filing Fee Paid through Portal
|
On Behalf Of |
THE GOODYEAR TIRE & RUBBER COMPANY
|
|
Docket Date |
2017-01-13
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
fee - civil; atty
|
|
Docket Date |
2017-01-13
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter 1
|
|
Docket Date |
2016-12-08
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
Docket Date |
2016-12-08
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
THE GOODYEAR TIRE & RUBBER COMPANY
|
|
Docket Date |
2017-04-24
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ 30-IB DUE 06/07/17
|
On Behalf Of |
THE GOODYEAR TIRE & RUBBER COMPANY
|
|
Docket Date |
2017-03-20
|
Type |
Notice
|
Subtype |
Notice of Confidential Information within Court Filing
|
Description |
Notice of Confidential Information Within Court Filing ~ ***STRICKEN***JOINT NOTICE REGARDING CONFIDENTIALITY OF RECORD ON APPEAL
|
On Behalf Of |
THE GOODYEAR TIRE & RUBBER COMPANY
|
|
Docket Date |
2017-01-27
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time for Record
|
Description |
ORD-GRANT EOT TO COMPLETE ROA
|
|
Docket Date |
2017-01-25
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time for Record
|
Description |
Motion Extension of Time To Complete Roa
|
On Behalf Of |
THE GOODYEAR TIRE & RUBBER COMPANY
|
|
|