SHERYL SCHULER and TODD SCHULER, Appellant(s) v. 7-ELEVEN, INC. and GOOD TO GREAT INC., Appellee(s).
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4D2024-2170
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2024-08-22
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Open
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|
Classification |
NOA Final - Circuit Civil - Other
|
Court |
4th District Court of Appeal
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Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE21-13384
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Parties
Name |
Sheryl Schuler
|
Role |
Appellant
|
Status |
Active
|
Representations |
David Lanier Luck, Daniel Alexander Chehouri
|
|
Name |
Todd Schuler
|
Role |
Appellant
|
Status |
Active
|
|
Name |
7-ELEVEN, INC.
|
Role |
Appellee
|
Status |
Active
|
Representations |
Daniel F Ieraci, Alyssa Mara Reiter
|
|
Name |
GOOD TO GREAT INC
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Hon. Fabienne Elizabeth Fahnestock
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Broward Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2024-09-30
|
Type |
Misc. Events
|
Subtype |
Status Report
|
Description |
Status Report
|
|
Docket Date |
2024-08-27
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
|
Docket Date |
2024-08-26
|
Type |
Miscellaneous Document
|
Subtype |
Pay Case Filing Fee-300
|
Description |
Pay Case Filing Fee-300
|
On Behalf Of |
Sheryl Schuler
|
View |
View File
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|
Docket Date |
2024-08-26
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal
|
On Behalf Of |
Sheryl Schuler
|
|
Docket Date |
2024-08-26
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
View |
View File
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|
Docket Date |
2024-12-11
|
Type |
Misc. Events
|
Subtype |
Status Report
|
Description |
Second Status Report
|
On Behalf Of |
Sheryl Schuler
|
|
Docket Date |
2024-08-29
|
Type |
Order
|
Subtype |
Abeyance Order
|
Description |
This court notes that a motion tolling rendition is pending in the trial court. ORDERED that the above-styled case is held in abeyance until the trial court disposes of the motion and Appellant files a copy of the order in this court. On that date, this case shall proceed, and the briefing schedule shall run from that date. See Fla. R. App. P. 9.020(h)(2)(C). If the trial court has not entered an order disposing of the motion within thirty (30) days from the date of this order, Appellant shall file a status report with this court as to the progress being made towards disposition of the motion.
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View |
View File
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TASHANNA HIGGINS, Appellant(s) v. 7-ELEVEN INC. AND COREY ALEXANDER EUBANKS, Appellee(s).
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4D2024-1310
|
2024-05-21
|
Open
|
|
Classification |
NOA Final - Circuit Civil - Other
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE22-003676
|
Parties
Name |
Tashanna Higgins
|
Role |
Appellant
|
Status |
Active
|
Representations |
Zedrick Barber, II
|
|
Name |
7-ELEVEN, INC.
|
Role |
Appellee
|
Status |
Active
|
Representations |
Jesse Donnelly Ochoa, Alyssa Mara Reiter
|
|
Name |
Corey Alexander Eubanks
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Carlos Augusto Rodriguez
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Broward Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2024-10-22
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
Description |
Notice of Agreed Extension of Time - Answer Brief
|
On Behalf Of |
7-ELEVEN INC
|
|
Docket Date |
2024-10-01
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief
|
On Behalf Of |
Tashanna Higgins
|
View |
View File
|
|
Docket Date |
2024-09-20
|
Type |
Record
|
Subtype |
Supplemental Record
|
Description |
Supplemental Record
|
On Behalf Of |
Tashanna Higgins
|
|
Docket Date |
2024-11-26
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Answer Brief
|
Description |
Motion for Extension of Time to Serve Answer Brief
|
|
Docket Date |
2024-10-22
|
Type |
Recognizing Agreed Extension
|
Subtype |
Answer Brief
|
Description |
30 Days to 12/02/2024
|
|
Docket Date |
2024-09-19
|
Type |
Motions Relating to Records
|
Subtype |
Motion to Supplement Record
|
Description |
Motion to Supplement Record
|
|
Docket Date |
2024-09-03
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time for Record & EOT/Toll Briefing
|
Description |
Motion for Extension of Time for Record & EOT Briefing
|
|
Docket Date |
2024-08-06
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time for Record & EOT/Toll Briefing
|
Description |
ORDERED that Appellant's August 2, 2024 motion for extension of time is granted, and Appellant shall serve the initial brief on or before August 31, 2024. 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.
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View |
View File
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Docket Date |
2024-08-02
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time for Record & EOT/Toll Briefing
|
Description |
Motion for Extension of Time for Record & EOT/Toll Briefing
|
|
Docket Date |
2024-08-02
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Record on Appeal; Pages 1 to 1,000
|
On Behalf Of |
Broward Clerk
|
|
Docket Date |
2024-08-02
|
Type |
Notice
|
Subtype |
Notice of Electronic Transmission
|
Description |
Notice of Electronic Transmission
|
On Behalf Of |
Broward Clerk
|
|
Docket Date |
2024-08-01
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
ORDERED that Appellant's July 31, 2024 motion for extension of time 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.
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View |
View File
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Docket Date |
2024-08-01
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Type |
Motions Extensions
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Subtype |
Motion for Extension of Time for Record & EOT/Toll Briefing
|
Description |
Motion for Extension of Time for Record & Initial Brief
|
|
Docket Date |
2024-07-29
|
Type |
Order
|
Subtype |
Order for Party to File Status Report on Record
|
Description |
Upon consideration of the notice of inability to transmit the record filed by the clerk of the lower tribunal on July 19, 2024, it is ORDERED that Appellant shall file a report, within five (5) days from the date of this order, as to the status of the payment for and preparation of the record on appeal.
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View |
View File
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Docket Date |
2024-07-19
|
Type |
Notice
|
Subtype |
Notice of Inability
|
Description |
Notice of Inability to Transmit the Record
|
On Behalf Of |
Broward Clerk
|
|
Docket Date |
2024-06-25
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
7-ELEVEN INC
|
|
Docket Date |
2024-06-06
|
Type |
Event
|
Subtype |
Fee Satisfied
|
Description |
Fee Satisfied
|
View |
View File
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|
Docket Date |
2024-05-23
|
Type |
Misc. Events
|
Subtype |
Order Appealed
|
Description |
Final Judgment in Favor of the Defendant
|
On Behalf Of |
Broward Clerk
|
|
Docket Date |
2024-05-23
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
Order on Filing Fee
|
View |
View File
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|
Docket Date |
2024-05-23
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
View |
View File
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|
Docket Date |
2024-05-23
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal
|
|
Docket Date |
2024-12-30
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees
|
|
Docket Date |
2024-12-30
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Answer Brief
|
On Behalf Of |
7-ELEVEN INC
|
View |
View File
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|
Docket Date |
2024-12-05
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
Description |
ORDERED that Appellee 7-Eleven, Inc.'s November 26, 2024 motion for extension of time is granted, and Appellee shall serve the answer brief on or before January 2, 2025. In addition, Appellee is notified that the failure to serve the brief within the time provided herein may foreclose Appellee's right to file a brief or otherwise participate in this appeal.
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View |
View File
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Docket Date |
2024-09-20
|
Type |
Order
|
Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
Description |
ORDERED that Appellant's September 18, 2024 motion to supplement the record is granted, and the record is supplemented to include the trial transcript. Said supplemental record is deemed filed as of the date of this order. Further, ORDERED that Appellant's September 3, 2024 motion for extension of time is granted, and Appellant shall serve the initial brief within ten (10) 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.
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View |
View File
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JIMMY MITCHELL, VS VLAN INVESTMENTS, LLC, etc., et al.,
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3D2023-0371
|
2023-03-03
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Other
|
Court |
3rd District Court of Appeal
|
Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
21-10050
|
Parties
Name |
JIMMY MITCHELL
|
Role |
Appellant
|
Status |
Active
|
Representations |
Josef Timlichman
|
|
Name |
7-ELEVEN, INC.
|
Role |
Appellee
|
Status |
Active
|
Representations |
JESSICA L. GROSS
|
|
Name |
Hon. Thomas J. Rebull
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Miami-Dade Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2023-04-04
|
Type |
Post-Disposition Motions
|
Subtype |
Motion For Reinstatement
|
Description |
Motion For Reinstatement ~ APPELLANT JIMMY MITCHELL'S MOTION TO REINSTATE APPEAL
|
On Behalf Of |
JIMMY MITCHELL
|
|
Docket Date |
2023-04-04
|
Type |
Disposition by Opinion
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Judge ~ Reinstated 4/6/23
|
|
Docket Date |
2023-05-09
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2023-05-09
|
Type |
Notice
|
Subtype |
Voluntary Dismissal
|
Description |
Voluntary Dismissal Recognized (OG33) ~ Upon consideration, Appellant’s “Status Report and Notice of Withdrawal” is treated as a notice of voluntary dismissal, and this appeal from the Circuit Court for Miami-Dade County, Florida, is hereby dismissed.
|
|
Docket Date |
2023-05-09
|
Type |
Mandate
|
Subtype |
Disp. w/o Mandate
|
Description |
Disp w/o mandate
|
|
Docket Date |
2023-05-09
|
Type |
Disposition by Opinion
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Judge
|
|
Docket Date |
2023-05-08
|
Type |
Order
|
Subtype |
Order to Transmit Record/Supplemental Record on Appeal
|
Description |
Non-Conforming Transcript Stricken ~ Upon review of the record/affidavits filed in this case, the Court has determined that condensed transcripts fail to comply with the requirements of Florida Rules of Appellate Procedure 9.200(b)(4) and 9.220(c)(4). Any such condensed transcripts filed after January 1, 2019, are hereby stricken. The responsible party (the party who seeks to have the transcripts considered by this Court) shall file transcripts that comply with the Florida Rules of Appellate Procedure within thirty (30) days from the date of this Order.
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|
Docket Date |
2023-05-05
|
Type |
Order
|
Subtype |
Order to File Status Report
|
Description |
File Status Report (OR03) ~ Appellant is ordered to file a status report in this cause within ten (10) days from the date of this Order.
|
|
Docket Date |
2023-05-05
|
Type |
Misc. Events
|
Subtype |
Status Report
|
Description |
Status Report ~ APPELLANT'S STATUS REPORT AND NOTICE OF WITHDRAWAL
|
On Behalf Of |
JIMMY MITCHELL
|
|
Docket Date |
2023-05-03
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Record on Appeal
|
On Behalf Of |
Miami-Dade Clerk
|
|
Docket Date |
2023-04-14
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ APPELLANT JIMMY MITCHELL'S NOTICE OF SETTLEMENT
|
On Behalf Of |
JIMMY MITCHELL
|
|
Docket Date |
2023-04-06
|
Type |
Order
|
Subtype |
Order on Motion for Reinstatement
|
Description |
Reinstatement Gr and Dism Ord Vacated (OG40A) ~ Upon consideration, Appellant’s Motion to Reinstate Appeal is granted, and the appeal is reinstated.
|
|
Docket Date |
2023-04-04
|
Type |
Notice
|
Subtype |
Notice of Filing
|
Description |
Notice of Filing ~ APPELLANT JIMMY MITCHELL'S NOTICE OF FILING A CERTIFICATE OF SERVICE
|
On Behalf Of |
JIMMY MITCHELL
|
|
Docket Date |
2023-04-04
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
Case Filing Fee Paid Through Portal
|
On Behalf Of |
JIMMY MITCHELL
|
|
Docket Date |
2023-04-04
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
Dismissal for Failure to Comply (DA11H) ~ Upon the Court’s own motion, it is ordered that this appeal from the Circuit Court for Miami-Dade County, Florida, is dismissed for failure to comply with this Court’s Order dated March 6, 2023, and with the Florida Rules of Appellate Procedure.
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|
Docket Date |
2023-03-09
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
7-ELEVEN, INC.
|
|
Docket Date |
2023-03-06
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
Order to pay filing fee-civil w/atty (OR14B) ~ This is to notify counsel for Appellant that the filing and prosecution of a notice of appeal in this Court is not acceptable without compliance with the Florida Rules of Appellate Procedure. Therefore, this appeal will be dismissed unless the required three hundred dollar ($300.00) fee is paid to the Clerk of the Court on or before March 16, 2023.
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|
Docket Date |
2023-03-03
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ Incomplete certificate of service in NOA.
|
On Behalf Of |
JIMMY MITCHELL
|
|
Docket Date |
2023-03-03
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
Docket Date |
2023-03-03
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter ~ Acknowledgment of new case letter with attachments. The 3DCA $300 filing fee for a notice of appeal is due.
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|
|
Ayinde Crespo, Appellant(s), v. 7-Eleven, INC., et al., Appellee(s).
|
3D2022-0502
|
2022-03-23
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Other
|
Court |
3rd District Court of Appeal
|
Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
16-11390
|
Parties
Name |
AYINDE CRESPO
|
Role |
Appellant
|
Status |
Active
|
Representations |
Andrew Williams
|
|
Name |
GERARDO ULLOA
|
Role |
Appellee
|
Status |
Active
|
|
Name |
7-ELEVEN, INC.
|
Role |
Appellee
|
Status |
Active
|
Representations |
JESSICA L. GROSS, CONSTANTINE G. NICKAS, BERESFORD A. LANDERS, JR., Vivianne A. Wicker
|
|
Name |
HASSAN RAHAL
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Hon. Jose M. Rodriguez
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Miami-Dade Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2024-01-23
|
Type |
Notice
|
Subtype |
Notice of Confidential Information within Court Filing
|
Description |
Notice of Confidential Information within Court Filing
|
On Behalf Of |
AYINDE CRESPO
|
|
Docket Date |
2024-02-20
|
Type |
Order
|
Subtype |
Order on Motion for Written Opinion
|
Description |
Upon consideration, Appellant's "Motion for Written Opinion and/or Clarification and/or Rehearing of this Court's January 25, 2024, Order Denying [Appellant's] Motion to Reinstate Appeal with Request to Amend to File [Declaration] Under Seal" is hereby denied.
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View |
View File
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Docket Date |
2024-02-12
|
Type |
Post-Disposition Motions
|
Subtype |
Motion for Rehearing
|
Description |
Appellant Motion for Written Opinion and/or Clarification and/or Rehearing of this Court's January 25, 2024 Order denying Appellant Motion to Reinstate Appeal with Request to Amend to File Declaration Under Seal
|
On Behalf Of |
AYINDE CRESPO
|
|
Docket Date |
2024-01-25
|
Type |
Order
|
Subtype |
Order on Motion for Reinstatement
|
Description |
Appellee's Response to Appellant's Motion to Reinstate Appeal and/or Motion to Strike Belated Initial Brief, filed on January 17, 2024, is noted.
Upon consideration, Appellant's Motion to Reinstate Appeal with Request to Amend to File Declaration Under Seal is hereby denied.
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View |
View File
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Docket Date |
2024-01-23
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Motion to Permit Limited Reply to Appellee's Response to the Appellants' Motion to Reinstate Appeal
|
On Behalf Of |
AYINDE CRESPO
|
|
Docket Date |
2024-01-18
|
Type |
Response
|
Subtype |
Response
|
Description |
Appellee's Response to Appellant's Motion to Reinstate Appeal and/or Motion to Strike Belated Initial Brief
|
On Behalf Of |
7-ELEVEN, INC.
|
|
Docket Date |
2024-01-12
|
Type |
Post-Disposition Motions
|
Subtype |
Motion For Reinstatement
|
Description |
Appellant Motion For Reinstatement Appeal with Request to Amend to file Declaration under Seal
|
On Behalf Of |
AYINDE CRESPO
|
|
Docket Date |
2024-01-08
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Appellant's Initial Brief
|
On Behalf Of |
AYINDE CRESPO
|
View |
View File
|
|
Docket Date |
2023-01-25
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2023-01-25
|
Type |
Mandate
|
Subtype |
Disp. w/o Mandate
|
Description |
Disp w/o mandate
|
|
Docket Date |
2023-01-09
|
Type |
Order
|
Subtype |
Order on Motion For Attorney's Fees
|
Description |
Attorney Fees Granted (OG47) ~ Upon consideration of the Motion to Tax Appellate Attorney's Fees/Costs filed by Appellee 7-Eleven, Inc., it is ordered that said Motion is granted, and the matter is remanded to the trial court to fix the amount. FERNANDEZ, C.J., and LINDSEY and LOBREE, JJ., concur.
|
|
Docket Date |
2023-01-06
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees ~ APPELLEE'S MOTION TO TAX APPELLATE FEES/COSTS
|
On Behalf Of |
7-ELEVEN, INC.
|
|
Docket Date |
2023-01-06
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix ~ APPENDIX TO APPELLEE'S MOTION FOR APPELLATE ATTORNEY'S FEES AND COSTS
|
On Behalf Of |
7-ELEVEN, INC.
|
|
Docket Date |
2023-01-05
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
Appeal Dismissed by the Court (DA11) ~ Appellant filed a Motion for Extension of Time to file the initial brief, which sought an extension of time to December 1, 2022, despite the fact that this Court’s prior Orders warned that no further extensions would be allowed, and that the filing of a motion would not toll the time for filing the initial brief as ordered. As of the date of this Order, Appellant has yet to file an initial brief. Appellee 7-Eleven, Inc., has filed a Response, opposed the requested extension of time, and moved for dismissal of this appeal. Upon this Court’s own motion, and upon the Motion of the appellee 7-Eleven, Inc., this appeal is hereby dismissed for the reasons articulated herein.
|
|
Docket Date |
2023-01-05
|
Type |
Disposition by Opinion
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Judge
|
|
Docket Date |
2022-11-29
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ APPELLEE'S RESPONSE IN OPPOSITION TO APPELLANT'SMOTION FOR EXTENSION OF TIME TO SERVE OPENING BRIEFAND MOTION TO DISMISS APPEAL
|
On Behalf Of |
7-ELEVEN, INC.
|
|
Docket Date |
2022-11-28
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Mot. for Extension of time to file Initial Brief ~ MOTION FOR EXTENSION OF TIME TO SERVE OPENING BRIEF
|
On Behalf Of |
AYINDE CRESPO
|
|
Docket Date |
2022-11-22
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Miscellaneous Motion Granted (OG999) ~ Upon consideration of the Motion for Extension of Time and the exigencies described therein, the Motion is granted to the extent that Appellant shall file the initial brief by 5:00 p.m. on Monday, November 28, 2022. No further extensions shall be allowed. Motions filed for extension of time or otherwise shall not toll the time for filing the initial brief as ordered. Failure to file the initial brief as ordered shall result in dismissal of this appeal.
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Docket Date |
2022-11-18
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Type |
Motions Extensions
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Subtype |
Motion for Extension of Time to Serve Initial Brief
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Description |
Mot. for Extension of time to file Initial Brief ~ MOTION FOR EXTENSION OF TIME TO SERVE OPENING BRIEF
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On Behalf Of |
AYINDE CRESPO
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Docket Date |
2022-10-06
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Type |
Order
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Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
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Description |
Ext-gr initial brief no further extensions (OG03B) ~ Appellant’s Motion for Extension of Time to file the initial brief is granted to and including November 18, 2022, with no further extensions allowed. If said brief is not timely filed in accordance with this Order, the appeal will be subject to dismissal.
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Docket Date |
2022-10-03
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Type |
Motions Extensions
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Subtype |
Motion for Extension of Time to Serve Initial Brief
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Description |
Mot. for Extension of time to file Initial Brief ~ MOTION FOR EXTENSION OF TIME TO SERVE OPENING BRIEF
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On Behalf Of |
AYINDE CRESPO
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Docket Date |
2022-08-02
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Type |
Order
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Subtype |
Order on Motion for Extension of Time
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Description |
Recognizing Agreed Extension of Time ~ IB-60 days to 10/01/2022
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Docket Date |
2022-08-01
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Type |
Notice
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Subtype |
Notice
|
Description |
Notice ~ NOTICE OF STIPULATED EXTENSION OF TIME TO SERVE OPENING BRIEF
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On Behalf Of |
AYINDE CRESPO
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Docket Date |
2022-06-01
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Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ NOTICE OF STIPULATED EXTENSION OF TIME TO SERVE OPENING BRIEF
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On Behalf Of |
AYINDE CRESPO
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Docket Date |
2022-06-01
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Type |
Order
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Subtype |
Order on Motion for Extension of Time
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Description |
Recognizing Agreed Extension of Time ~ IB-60 days to 8/01/2022
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Docket Date |
2022-05-27
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Type |
Record
|
Subtype |
Transcript
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Description |
Transcripts
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On Behalf Of |
Miami-Dade Clerk
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|
Docket Date |
2022-04-05
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Type |
Notice
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Subtype |
Notice of Appearance
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Description |
Notice of Appearance ~ NOTICE OF APPEARANCE AS COUNSEL FOR APPELLEE, 7-ELEVEN, INC.
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On Behalf Of |
7-ELEVEN, INC.
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Docket Date |
2022-04-01
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Type |
Notice
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Subtype |
Notice of Filing
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Description |
Notice of Filing ~ Orders appealed
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On Behalf Of |
AYINDE CRESPO
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Docket Date |
2022-04-01
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Type |
Misc. Events
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Subtype |
Case Filing Fee Paid through Portal
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Description |
Case Filing Fee Paid Through Portal
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On Behalf Of |
AYINDE CRESPO
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Docket Date |
2022-03-24
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Type |
Order
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Subtype |
Certificate of Service
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Description |
Ap/ant Ordered to File Cert. of Serv. (OR50) ~ All pleadings filed in this Court must be served on each party and contain a certificate of service stating the names and addresses of those served. See Fla. R. App. P. 9.420. Within ten (10) days from the date of this Order, counsel for the appellant is directed to file with this Court a certificate of service indicating the addresses of all the parties in this appeal.
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Docket Date |
2022-03-23
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Type |
Misc. Events
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Subtype |
Fee Status
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Description |
FP:Fee Paid Through Portal
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Docket Date |
2022-03-23
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Type |
Notice
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Subtype |
Notice of Appeal
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Description |
Notice of Appeal Filed ~ CASE: 21-822 INCOMPLETE CERTIFICATE OF SERVICE ORDERS APPEALED NOT ATTACHED
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On Behalf Of |
AYINDE CRESPO
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Docket Date |
2022-03-23
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Type |
Letter
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Subtype |
Acknowledgment Letter
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Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. **The $300 filing fee for an appeal is due.
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SPENCER THOMAS VS 7-ELEVEN, INC., AILA ENTERPRISE, INC., CS COLLEGE PARKWAY, LLC AND SANDEEP MADHAR
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2D2021-2366
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2021-08-03
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Closed
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Classification |
NOA Final - Circuit Civil - Other
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Court |
2nd District Court of Appeal
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Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Lee County
19-CA-007899
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Parties
Name |
SPENCER THOMAS
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Role |
Appellant
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Status |
Active
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Representations |
BOBBY NUNEZ, ESQ., MARTIN E. LEACH, ESQ.
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|
Name |
SANDEEP MADHAR
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Role |
Appellee
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Status |
Active
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Name |
AILA ENTERPRISE INC.
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Role |
Appellee
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Status |
Active
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Name |
CS COLLEGE PARKWAY, LLC
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Role |
Appellee
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Status |
Active
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Name |
7-ELEVEN, INC.
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Role |
Appellee
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Status |
Active
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Representations |
BRITTANY A. PEREZ, ESQ., MICHAEL R. D' LUGO, ESQ.
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|
Name |
HON. JOSEPH C. FULLER, JR.
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Role |
Judge/Judicial Officer
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Status |
Active
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Name |
LEE CLERK
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Role |
Lower Tribunal Clerk
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Status |
Active
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Docket Entries
Docket Date |
2021-09-27
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Type |
Misc. Events
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Subtype |
Status Report
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Description |
Status Report
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On Behalf Of |
LEE CLERK
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Docket Date |
2022-12-20
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Type |
Mandate
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Subtype |
Mandate
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Description |
Mandate
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Docket Date |
2022-12-20
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Type |
Order
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Subtype |
Order on Motion for Rehearing
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Description |
ORD-DENYING REHEARING ~ Appellant’s motion for rehearing, for issuance of written opinion, or for rehearingen banc is denied. The clerk is directed to issue the mandate contemporaneously withthis order.
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Docket Date |
2022-12-20
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Type |
Misc. Events
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Subtype |
West Publishing
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Description |
West Publishing
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Docket Date |
2022-12-05
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Type |
Response
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Subtype |
Response
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Description |
RESPONSE ~ APPELLEES', 7-ELEVEN, INC.; AILA ENTERPRISE, INC.; AND SANDEEP MADHAR, OPPOSITION TO APPELLANT'S MOTION FOR REHEARING, FOR ISSUANCE OF WRITTEN OPINION, OR FOR REHEARING EN BANC
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On Behalf Of |
7-ELEVEN, INC.
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Docket Date |
2022-12-02
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Type |
Order
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Subtype |
Order on Motion for Extension of Time
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Description |
Grant EOT (general)-74c ~ Appellees filed a December 1, 2022, "Unopposed Motion for Extension of Timeto File Response to Appellant's Motion for Rehearing, For Issuance of Written Opinion,or for Rehearing En Banc." Appellees' motion is granted. Appellees shall file aresponse to Appellant's "Motion for Rehearing, For Issuance of Written Opinion, or forRehearing En Banc" no later than 12:00 pm on Monday, December 5, 2022. Nofurther motions for extension of time will be considered.
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Docket Date |
2022-12-01
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Type |
Motions Extensions
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Subtype |
Motion for Extension of Time to File Response
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Description |
Motion Extension of time To File Response ~ TO APPELLANT'S MOTION FOR REHEARING, FOR ISSUANCE OF WRITTEN OPINION, OR FOR REHEARING EN BANC
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On Behalf Of |
7-ELEVEN, INC.
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Docket Date |
2021-09-29
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Type |
Record
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Subtype |
Record on Appeal
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Description |
Received Records ~ FULLER - REDACTED - 3269 PAGES
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Docket Date |
2022-11-17
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Type |
Post-Disposition Motions
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Subtype |
Motion for Rehearing
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Description |
Motion for Rehearing / Rehearing En Banc ~ APPELLANT'S MOTION FOR REHEARING, FOR ISSUANCE OF WRITTEN OPINION, OR FOR REHEARING EN-BANC
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On Behalf Of |
SPENCER THOMAS
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Docket Date |
2022-11-04
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Type |
Order
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Subtype |
Order
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Description |
Miscellaneous Order ~ Appellees filed a "Motion for Appellate Attorney's Fees and Costs," pursuant to a proposal for settlement. See §§ 59.46, Fla. Stat. (2022); 768.79, Fla. Stat. (2022). Appellees' motion is provisionally granted, subject to a determination of entitlement by the trial court on remand. The trial court shall determine the reasonable amount of appellate attorney's fees. Appellant filed a "Motion for Appellate Attorney's Fees and Costs." Appellant's motion is denied.
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Docket Date |
2022-11-04
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Type |
Disposition by Opinion
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Subtype |
Affirmed
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Description |
Affirmed - Per Curiam Affirmed
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Docket Date |
2022-10-25
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Type |
Misc. Events
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Subtype |
Oral Argument Date Set
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Description |
Oral Argument Date Set ~ Remote
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Docket Date |
2022-08-16
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Type |
Order
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Subtype |
Order Re: Video Oral Argument
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Description |
OA Notice Video ~ This case is provisionally set for oral argument on TUESDAY, OCTOBER 25, 2022, at 11:00 A.M., before: Judge Edward C. LaRose, Judge Susan H. Rothstein-Youakim, Judge Suzanne Labrit. The oral argument will be conducted by video conference. The court calendars can be viewed on this court’s website at www.2dca.org. Counsel or parties are requested to sign in by fifteen minutes prior to the time listed above.The panel is subject to change without notice. Should the assigned panel of judges decide that the court will not benefit from oral argument, the attorneys or parties will be notified by order no less than two weeks before the scheduled date. If this is a criminal proceeding where a victim, as defined in article I, section 16(e), Florida Constitution, has invoked their right to notice under article I, section 16(b)(6), the State is directed to provide the victim with notice of this oral argument and of any changes to the scheduled date.Please review the notice regarding oral argument in the Second District Court of Appeal. A copy has been furnished with this order and may also be found on this court’s website.Within ten days from the date of this order, any attorney or party who will be presenting argument is requested to provide the Clerk of the Court with the email address where the video invitation should be sent and a telephone number. This information may be sent by email to 2dcaClerk@flcourts.org. The Clerk of the Court will provide each participant with connection instructions, including the opportunity for a test session, before the argument.
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Docket Date |
2022-06-16
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Type |
Motions Relating to Oral Argument
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Subtype |
Motion/Request for Oral Argument
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Description |
Request for Oral Argument ~ UNOPPOSED REQUEST THAT ORAL ARGUMENT BE CONDUCTED VIA VIDEO
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On Behalf Of |
SPENCER THOMAS
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Docket Date |
2022-06-14
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Type |
Motions Relating to Oral Argument
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Subtype |
Motion/Request for Oral Argument
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Description |
Request for Oral Argument
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On Behalf Of |
SPENCER THOMAS
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Docket Date |
2022-06-14
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Type |
Order
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Subtype |
Order on Motion/Request for Oral Argument
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Description |
Amended OA Request Permitted ~ A request for oral argument has been filed in this case. Within five days from the date of this order, any party may file a request that the argument be conducted by video. The manner of oral argument will be decided in the court's discretion. A video request must state the reason in support, and it must indicate that the requesting party has consulted opposing counsel and is authorized to represent that opposing counsel either has no objection or will file an objection. A party objecting to a request to conduct oral argument by video must file a response within five days after service of the request.
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Docket Date |
2022-06-14
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Type |
Brief
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Subtype |
Reply Brief
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Description |
Appellant Reply Brief
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On Behalf Of |
SPENCER THOMAS
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Docket Date |
2022-05-16
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Type |
Order
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Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
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Description |
ORDER GRANTING APPELLANT'S REPLY BRIEF ~ Appellant's motion for extension of time is granted, and the reply brief shall be served by June 14, 2022.
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Docket Date |
2022-05-13
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Type |
Motions Extensions
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Subtype |
Motion for Extension of Time to Serve Reply Brief
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Description |
Mot. for Extension of Time to File Reply Brief ~ UNOPPOSED MOTION FOR EXTENSION OF TIME
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On Behalf Of |
SPENCER THOMAS
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Docket Date |
2022-05-12
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Type |
Response
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Subtype |
Response
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Description |
RESPONSE ~ APPELLEES' OPPOSITION TO APPELLANT'S MOTION FOR APPELLATE ATTORNEY'S FEES
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On Behalf Of |
7-ELEVEN, INC.
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Docket Date |
2022-04-27
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Type |
Response
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Subtype |
Response
|
Description |
RESPONSE ~ APPELLANT'S RESPONSE IN OPPOSITION TO MOTION FOR APPELATE ATTORNEYS' FEES FILED BY APPELLEES
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On Behalf Of |
SPENCER THOMAS
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Docket Date |
2022-04-27
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Type |
Motions Relating to Attorney Fees/Costs
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Subtype |
Motion For Attorney's Fees
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Description |
Motion For Fees and Cost
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On Behalf Of |
SPENCER THOMAS
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Docket Date |
2022-04-15
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Type |
Motions Relating to Attorney Fees/Costs
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Subtype |
Motion For Attorney's Fees
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Description |
Motion For Attorney's Fees
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On Behalf Of |
7-ELEVEN, INC.
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Docket Date |
2022-04-15
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee Answer Brief
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On Behalf Of |
7-ELEVEN, INC.
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Docket Date |
2022-04-08
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ 7 - AB DUE 4/15/22
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On Behalf Of |
7-ELEVEN, INC.
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Docket Date |
2022-03-09
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Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ 30 - AB DUE 4/8/22
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On Behalf Of |
7-ELEVEN, INC.
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Docket Date |
2022-02-04
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ NOTICE OF AGREED EXTENSION OF TIME TO SERVE ANSWER BRIEF//30 - AB DUE 3/9/22
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On Behalf Of |
7-ELEVEN, INC.
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|
Docket Date |
2022-02-01
|
Type |
Record
|
Subtype |
Supplemental Record
|
Description |
Supplemental Records ~ REDACTED - 43 PAGES
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|
Docket Date |
2022-01-07
|
Type |
Order
|
Subtype |
Order on Motion to Supplement Record
|
Description |
ORDER GRANTING MOTION TO SUPPLEMENT THE RECORD ~ Appellant's motion to supplement the record is granted, and appellant shall make arrangements within three days with the clerk of the lower tribunal for the supplementation of the record with the items mentioned in the motion, with the supplemental record to be filed in this court within twenty-five days from the date of this order.
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Docket Date |
2022-01-07
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Appellant Brief on Merits
|
On Behalf Of |
SPENCER THOMAS
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|
Docket Date |
2022-01-06
|
Type |
Motions Relating to Records
|
Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
Description |
Motion To File Supplemental Record
|
On Behalf Of |
SPENCER THOMAS
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|
Docket Date |
2021-12-09
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
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Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellant's motion for extension of time is granted, and the initial brief shall be served by January 7, 2022.
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Docket Date |
2021-12-07
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
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Description |
Mot. for Extension of time to file Initial Brief ~ AGREED NOTICE OF EXTENSION OF TIME
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On Behalf Of |
SPENCER THOMAS
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Docket Date |
2021-11-05
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Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Mot. for Extension of time to file Initial Brief
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On Behalf Of |
SPENCER THOMAS
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|
Docket Date |
2021-11-05
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellant's motion for extension of time is granted, and the initial brief shall be served by December 8, 2021.
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Docket Date |
2021-10-05
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellant's motion for extension of time is granted, and the initial brief shall be served by November 6, 2021.
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Docket Date |
2021-10-04
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Mot. for Extension of time to file Initial Brief ~ AGREED NOTICE OF EXTENSION OF TIME
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On Behalf Of |
SPENCER THOMAS
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Docket Date |
2021-08-18
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance ~ NOTICE OF APPEARANCE AS COUNSEL FOR APPELLEES AND DESIGNATION OF E-MAIL ADDRESSES
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On Behalf Of |
7-ELEVEN, INC.
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Docket Date |
2021-08-04
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
fee - civil; atty
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Docket Date |
2021-08-04
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter 1
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|
Docket Date |
2021-08-04
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
Case Filing Fee Paid through Portal
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|
Docket Date |
2021-08-03
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ WITH ORDER
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On Behalf Of |
SPENCER THOMAS
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|
Docket Date |
2021-08-03
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
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|
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