|
Rodney Hartbauer, As Personal Representative of the Estate of Patricia Hartbauer, Appellant(s), v. R.J. Reynolds Tobacco Company, Individually and as Successor by Merger to Brown and Williams Tobacco Corporation, Individually and as Successor By Merger to the American Tobacco Company, Philip Morris USA, Inc., and Lorillard Tobacco Company, Appellee(s).
|
5D2023-1828
|
2023-05-23
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
5th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifth Judicial Circuit, Citrus County
2023-CA-000042-A
|
Parties
| Name |
Estate of Patricia Hartbauer
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
PHILIP MORRIS USA INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
THE AMERICAN TOBACCO COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
R.J. REYNOLDS TOBACCO COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Val Leppert, Amy Lane Hurwitz, Kathryn Stewart Lehman, Ursula Maries Henninger, Geri Howell, William L. Durham, Troy A. Fuhrman, Frank Cruz-Alvarez
|
|
| Name |
Brown and Williamson Tobacco Corporation
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
LORILLARD TOBACCO COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Caroline Anne Falvey
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk Citrus
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Rodney Hartbauer
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Jonathan R. Gdanski, Bard D. Rockenbach, Brittany C. Barron, Jeffrey VanVoorhis Mansell
|
|
Docket Entries
| Docket Date |
2024-08-27
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2024-08-27
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-07-26
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
Order on Motion for Rehearing; THIS COURT'S 5/15 ORDER DENY MOT ATTY FEES VACATED; AA MOT ATTY FEES GRANTED
|
| View |
View File
|
|
| Docket Date |
2024-07-22
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to MOTION FOR REHEARING, ETC.
|
| On Behalf Of |
R.J. Reynolds Tobacco Company
|
|
| Docket Date |
2024-06-21
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Order on Motion for Extension of Time to File Response; RESPONSE TO MOT REHEAR BY 7/22/24
|
| View |
View File
|
|
| Docket Date |
2024-06-19
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Motion for Rehearing RE: Attorney's Fees
|
| On Behalf Of |
R.J. Reynolds Tobacco Company
|
|
| Docket Date |
2024-06-18
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response to Motion for Rehearing
|
| On Behalf Of |
R.J. Reynolds Tobacco Company
|
|
| Docket Date |
2024-06-06
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Order on Motion for Extension of Time- MOTION GRANTED
|
| View |
View File
|
|
| Docket Date |
2024-06-05
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing and Rehearing En Banc
|
| Description |
Motion for Rehearing and Rehearing En Banc OR FOR A WRITTEN OPINION AND MOTION TO CERTIFY CONFLICT
|
| On Behalf Of |
Rodney Hartbauer
|
|
| Docket Date |
2024-06-03
|
| Type |
Motion
|
| Subtype |
Rehearing on Misc Order
|
| Description |
Motion for Rehearing on Misc Order- OF 5/15 ORDER ON FEES; GRANTED PER 7/26 ORDER
|
| On Behalf Of |
Rodney Hartbauer
|
|
| Docket Date |
2024-05-29
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time TO FILE POST-DECISIONS MOTION
|
| On Behalf Of |
Rodney Hartbauer
|
|
| Docket Date |
2024-05-15
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order on Motion For Attorney's Fees; AA MOT DENIED; VACATED PER 7/26 ORDER
|
| View |
View File
|
|
| Docket Date |
2024-05-14
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
PER CURIAM AFFIRMED
|
| View |
View File
|
|
| Docket Date |
2024-05-06
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Rodney Hartbauer
|
|
| Docket Date |
2024-03-21
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
R.J. Reynolds Tobacco Company
|
|
| Docket Date |
2024-03-04
|
| Type |
Notice
|
| Subtype |
Notice of Oral Argument
|
| Description |
NOTICE OF ORAL ARGUMENT
|
|
| Docket Date |
2024-02-27
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ AA'S OA PREFERENCE
|
| On Behalf Of |
Rodney Hartbauer
|
|
| Docket Date |
2024-02-26
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ AE'S OA PREFERENCE
|
| On Behalf Of |
R.J. Reynolds Tobacco Company
|
|
| Docket Date |
2024-02-21
|
| Type |
Response
|
| Subtype |
OA Preference Request
|
| Description |
ORAL ARGUMENT PREFERENCE REQUEST
|
|
| Docket Date |
2024-02-16
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
Rodney Hartbauer
|
|
| Docket Date |
2024-02-16
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Rodney Hartbauer
|
|
| Docket Date |
2024-02-16
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees; GRANTED PER 7/26 ORDER
|
| On Behalf Of |
Rodney Hartbauer
|
|
| Docket Date |
2024-02-08
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order Grant EOT Reply Brief ~ REPLY BRF BY 2/16; ABSENT EXTENUATING CIRCUMSTANCES, ADDITIONAL EXTENSIONS OF TIME WILL BE DENIED.
|
|
| Docket Date |
2024-01-31
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief
|
| On Behalf Of |
Rodney Hartbauer
|
|
| Docket Date |
2024-01-02
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order Grant EOT Reply Brief ~ MOT GRANTED; RB BY 2/1/24
|
|
| Docket Date |
2023-12-29
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief
|
| On Behalf Of |
Rodney Hartbauer
|
|
| Docket Date |
2023-11-29
|
| Type |
Brief
|
| Subtype |
Appendix
|
| Description |
Appendix for Answer Brief
|
| On Behalf Of |
R.J. Reynolds Tobacco Company
|
|
| Docket Date |
2023-11-09
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Grant EOT for Answer Brief ~ ANSWER BRF BY 11/29; ABSENT EXTENUATING CIRCUMSTANCES, ADDITIONAL EXTENSIONS OF TIME WILL BE DENIED.
|
|
| Docket Date |
2023-11-02
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extensio of time to file Answer Brief
|
| On Behalf Of |
R.J. Reynolds Tobacco Company
|
|
| Docket Date |
2023-10-31
|
| Type |
Order
|
| Subtype |
Order Striking Stipulation for Extension
|
| Description |
ORD-STRIKE NOTICE OF EOT FOR AB-CIVIL ~ AE W/IN 5 DYS FILE APPROPRIATE MOT OR AB; NTC STRICKEN
|
|
| Docket Date |
2023-10-30
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ STRICKEN PER 10/31 ORDER
|
| On Behalf Of |
R.J. Reynolds Tobacco Company
|
|
| Docket Date |
2023-09-26
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ TO 10/30
|
| On Behalf Of |
R.J. Reynolds Tobacco Company
|
|
| Docket Date |
2023-08-28
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ TO 9/29
|
| On Behalf Of |
R.J. Reynolds Tobacco Company
|
|
| Docket Date |
2023-08-17
|
| Type |
Notice
|
| Subtype |
Notice of Change of Address
|
| Description |
Notice of Change of Address
|
| On Behalf Of |
Rodney Hartbauer
|
|
| Docket Date |
2023-07-31
|
| Type |
Brief
|
| Subtype |
Appendix
|
| Description |
Appendix for Initial Brief
|
| On Behalf Of |
Rodney Hartbauer
|
|
| Docket Date |
2023-06-30
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Grant EOT for Initial Brief ~ MOT GRANTED; IB/APX BY 7/31
|
|
| Docket Date |
2023-06-29
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
Rodney Hartbauer
|
|
| Docket Date |
2023-06-28
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
R.J. Reynolds Tobacco Company
|
|
| Docket Date |
2023-06-01
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Grant EOT for Initial Brief ~ IB & APX BY 6/30
|
|
| Docket Date |
2023-05-31
|
| 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 |
Rodney Hartbauer
|
|
| Docket Date |
2023-05-23
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee - Civil appeal (300)
|
|
| Docket Date |
2023-05-23
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
R.J. Reynolds Tobacco Company
|
|
| Docket Date |
2023-05-23
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
CASE FILING FEE PAID THROUGH PORTAL
|
|
| Docket Date |
2023-05-23
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgement Letter 1
|
|
| Docket Date |
2024-08-08
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing and Rehearing En Banc
|
| Description |
Order on Motion for Rehearing, Written Opinion, to Certify or Rehearing En Banc
|
| View |
View File
|
|
|
|
Bryan Rintoul, etc., Petitioner(s) v. Philip Morris USA, Inc., et al., Respondent(s)
|
SC2022-1038
|
2022-08-10
|
Closed
|
|
| Classification |
Discretionary Review - Notice to Invoke - Certified Direct Conflict
|
| Court |
Supreme Court of Florida
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
4D20-1963
|
Parties
| Name |
Estate of Edward Caprio
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Bryan Rintoul
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Jonathan R. Gdanski, Steven M. Ebner, Daniel E. Nordby, Steven J. Hammer, Michael A. Munoz, Bard D. Rockenbach, Scott P. Schlesinger, Brittany C. Barron
|
|
| Name |
THE AMERICAN TOBACCO COMPANY
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
PHILIP MORRIS, INC.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Mary Katherine G. Calderon, Scott Adam Chesin, Walter L. Cofer, Melissa M. Plunkett, John Michael Lyons, Stephanie S. Sankar, David Michael Menichetti
|
|
| Name |
VECTOR GROUP LTD. INC.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
BROWN & WILLIAMSON TOBACCO CORP.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
LIGGETT GROUP LLC
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
R.J. REYNOLDS TOBACCO COMPANY
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Stephanie E. Parker, Robert C. Weill, Mr. John M. Walker, Jason T. Burnette, Mr. Brian Charles Lea, Kenneth M. Grose, Eric L. Lundt, Kevin D. Boyce, Charles R. A. Morse, Mark R. Seiden, Mr. Paul R. Reichert
|
|
| Name |
LORILLARD TOBACCO COMPANY
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Hon. David Alan Haimes
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Broward Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
4DCA Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-08-09
|
| Type |
Disposition
|
| Subtype |
Rev Gr Merits (Quash & Remand) (Tag)
|
| Description |
Upon review of the response to this Court's Order to Show Cause dated June 6, 2024, and the reply, the Court has determined that it should exercise jurisdiction in this case. It is ordered that the Petition for Review is granted, that the Fourth District Court of Appeal's decision in this case is quashed to the extent that it is inconsistent with our decision in Ripple v. CBS Corporation, 385 So. 3d 1021 (Fla. 2024), and this matter is remanded to the district court for reconsideration upon application of the decision in Ripple.
No Motion for Rehearing will be entertained by the Court.
|
| View |
View File
|
|
| Docket Date |
2024-07-03
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Petitioner's Reply to Respondents' Response to Order to Show Cause
|
| On Behalf Of |
Bryan Rintoul
|
| View |
View File
|
|
| Docket Date |
2024-06-21
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Respondents' Response to this Court's June 6, 2024 Order to Show Cause
|
| On Behalf Of |
R.J. Reynolds Tobacco Company
|
| View |
View File
|
|
| Docket Date |
2024-06-06
|
| Type |
Event
|
| Subtype |
Stay Ended
|
| Description |
Stay ended
|
|
| Docket Date |
2024-06-06
|
| Type |
Order
|
| Subtype |
Show Cause (Tag-Reverse/Quash)
|
| Description |
Respondent is hereby directed to show cause on or before June 21, 2024, why this Court should not exercise jurisdiction in this case, summarily quash the decision being reviewed, and remand to the district court for reconsideration in light of our decision in Ripple v. CBS Corporation, No. SC2022-0597 (Fla. May 9, 2024). Petitioner may file a reply on or before July 3, 2024.
|
| View |
View File
|
|
| Docket Date |
2024-03-13
|
| Type |
Notice
|
| Subtype |
Counsel Substitution
|
| Description |
Notice of Couns Substitution
|
| On Behalf Of |
PHILIP MORRIS, INC.
|
| View |
View File
|
|
| Docket Date |
2023-08-21
|
| Type |
Notice
|
| Subtype |
Address Change
|
| Description |
Notice of Address Change
|
| On Behalf Of |
Bryan Rintoul
|
| View |
View File
|
|
| Docket Date |
2022-08-24
|
| Type |
Order
|
| Subtype |
Stay Proceedings FSC (Tag Case)
|
| Description |
ORDER-STAY PROCEEDINGS FSC (TAG CASE) ~ The proceedings in this Court in the above case are hereby stayed pending disposition of Ripple v. CBS Corporation, Case No. SC22-597, which is pending in this Court.
|
| View |
View File
|
|
| Docket Date |
2022-08-18
|
| 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 September 19, 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 |
2022-08-16
|
| Type |
Motion
|
| Subtype |
Ext of Time (Juris Brief)
|
| Description |
MOTION-EXT OF TIME (JURIS BRIEF) ~ Unopposed Motion for Extension
|
| On Behalf Of |
Bryan Rintoul
|
| View |
View File
|
|
| Docket Date |
2022-08-12
|
| Type |
Event
|
| Subtype |
Fee Paid Through Portal
|
| Description |
Fee Paid Through Portal
|
|
| Docket Date |
2022-08-12
|
| Type |
Letter-Case
|
| Subtype |
Acknowledgment Letter-New Case-Pay Fee
|
| Description |
ACKNOWLEDGMENT LETTER-NEW CASE-PAY FEE
|
| View |
View File
|
|
| Docket Date |
2022-08-12
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
PAY CASE FILING FEE-300
|
| On Behalf Of |
Bryan Rintoul
|
| View |
View File
|
|
| Docket Date |
2022-08-12
|
| Type |
Order
|
| Subtype |
Couns Pro Hac Vice (Foreign Counsel)
|
| Description |
ORDER-COUNSEL PRO HAC VICE (FOREIGN COUNSEL) ~ Any attorney involved in the above case who is not a member of The Florida Bar should immediately file a proper motion pursuant to Florida Rule of General Practice and Judicial Administration 2.510, if they wish to have this Court consider them as counsel of record. Failure to file a proper motion could result in the imposition of sanctions, including striking the pleading listing the foreign attorney as counsel of record.
|
| View |
View File
|
|
| Docket Date |
2022-08-10
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-08-10
|
| Type |
Notice
|
| Subtype |
Invoke Discretionary Jurisdiction
|
| Description |
NOTICE-DISCRETIONARY JURIS (CERT DIRECT CONFLICT)
|
| On Behalf Of |
Bryan Rintoul
|
| View |
View File
|
|
|
|
PHILIP MORRIS USA INC. VS STATE OF FLORIDA, et al.
|
4D2018-2715
|
2018-09-11
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
501995CA001466
|
Parties
| Name |
PHILIP MORRIS USA INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
E. Raul Novoa, Eleni K. Howard, David P. Ackerman, Paul Vizcarrondo, Steven Winter, Ian Boczko
|
|
| Name |
STATE OF FLORIDA LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Julissa Rodriguez, Stephanie Lauren Varela, Paul Alexander Quimby, Brigid Finerty Cech Samole, Edward M. Wenger, William Earl Davis, Ellen Belfer, Elizabeth McCallum, Scott B. Cosgrove, Mary Leslie Smith, Lindsay L. Macdonald, Andrew B. Boese, Robert William Thielhelm, Jeremy L. Kahn, Russell Kent, CHESTERFIELD SMITH, JR., ELLI LEIBENSTEIN, James V Etscorn, Andrea Shwayri, Mark F. Bideau, Robert Brookhiser
|
|
| Name |
THE AMERICAN TOBACCO COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ITG BRANDS, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
R.J. REYNOLDS TOBACCO COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
DOSAL TOBACCO CORP.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Jeffrey Dana Gillen
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
8888-10-01
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ **CONSOLIDATED WITH 18-2616 AND SHALL PROCEED UNDER 18-2616. PARTIES MAY SEPARATELY FILE THE BRIEFS. SEE 10/01/2018 ORDER.**
|
|
| Docket Date |
2020-12-18
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Miscellaneous
|
| Description |
Supreme Court Disposition ~ SC20-1506 DENIED
|
|
| Docket Date |
2020-10-19
|
| Type |
Supreme Court
|
| Subtype |
Acknowledged Receipt from Supreme Court
|
| Description |
Ack. Receipt from Supreme Court ~ SC20-1506
|
|
| Docket Date |
2020-10-15
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice sent to the Supreme Court
|
|
| Docket Date |
2020-10-15
|
| Type |
Supreme Court
|
| Subtype |
Notice to Invok. Disc. Jur. FSC
|
| Description |
Notice of Discretionary Jurisdiction to Supreme Court
|
|
| Docket Date |
2020-10-09
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2020-09-18
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing En Banc
|
| Description |
Order Denying Rehearing En Banc ~ ORDERED that appellant's August 12, 2020 motion for rehearing, rehearing en banc, and certification is denied.
|
|
| Docket Date |
2020-09-18
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2020-08-28
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ STATE OF FLORIDA'S RESPONSE TO R.J. REYNOLDS'S MOTION FOR REHEARING, REHEARING EN BANC, AND CERTIFICATION
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2020-08-28
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellee State of Florida’s August 27, 2020 response 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 |
2020-08-27
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ **STRICKEN** STATE OF FLORIDA'S RESPONSE TO R.J. REYNOLDS'S MOTION FOR REHEARING, REHEARING EN BANC, AND CERTIFICATION
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2020-08-12
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion for Rehearing / Rehearing En Banc ~ OR CERTIFICATION TO FLORIDA SUPREME COURT
|
|
| Docket Date |
2020-08-12
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO MOTION FOR REHEARING
|
|
| Docket Date |
2020-08-11
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
ORD-Withdraw as Counsel ~ ORDERED that the August 4, 2020 motion of Simon J. Williams, counsel for Philip Morris USA, Inc., to withdraw as counsel is granted.
|
|
| Docket Date |
2020-08-04
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2020-07-29
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney Fees-Unconditionally ~ ORDERED that appellee State of Florida’s August 23, 2019 unopposed motion for attorneys’ fees is granted. On remand, the trial court shall set the amount of the attorney's fees to be awarded for this appellate case. If a motion for rehearing is filed in this court, then services rendered in connection with the filing of the motion, including, but not limited to, preparation of a responsive pleading, shall be taken into account in computing the amount of the fee. Further,ORDERED that the motion for costs filed by Scott B. Cosgrove is denied without prejudice to seek costs in the trial court.
|
|
| Docket Date |
2020-07-29
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Authored Opinion
|
|
| Docket Date |
2020-06-09
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ 4DCA
|
|
| Docket Date |
2020-06-02
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2020-05-13
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Given the evolving situation surrounding the COVID-19 virus, the in-person oral arguments now scheduled at the Court on June 9, 2020 are cancelled. So as not to delay the disposition of the cases, the court will conduct oral argument through Zoom video conference on that date. The week before oral argument the Clerk of the Court will provide connection instructions. Should both parties file a stipulation by Thursday, May 21, 2020 at Noon that they waive oral argument, the court will then decide the case based upon the briefs.
|
|
| Docket Date |
2020-04-07
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
ORD-Setting Oral Argument ~ This case is set for Oral Argument on June 9, 2020, at 9:00 A.M. for 20 minutes per side. 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 HYPERLINK "http://www.4dca.org" www.4dca.org. Given the evolving situation surrounding the COVID-19 virus, the court may reschedule this oral argument or conduct oral argument by remote means.Attorneys not registered with this court’s eDCA and pro se parties are required to file a "Notice of Receipt of Oral Argument" within ten (10) days from the date of this order, acknowledging they have received this order.
|
|
| Docket Date |
2020-03-25
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED, sua sponte, that upon further review of the Agreed Notice on Allocation of Oral Argument Time and appellant’s Request for Telephonic Oral Argument, this Court is continuing Oral Argument set for April 7, 2020 at 10:30 a.m. and is resetting it for a future date to be determined.
|
|
| Docket Date |
2020-03-20
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument ~ REQUEST FOR TELEPHONIC ORAL ARGUMENT
|
|
| Docket Date |
2020-03-13
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ The Court advises all parties that, as of now, the oral argument scheduled in this case will proceed as scheduled. However, in light of the Coronavirus, COVID-19, the Court requests you file a motion to reschedule your oral argument if you, or someone who is planning on attending the oral argument with you, meets any of the following criteria: (1) have recently traveled to China, Iran, Italy, Japan, or South Korea; (2) have been exposed to or diagnosed with the Coronavirus, COVID-19; (3) are experiencing flu-like symptoms such as fever, cough, or shortness of breath; or (4) have some other Coronavirus-related risk which may make attendance at oral argument not feasible.
|
|
| Docket Date |
2020-02-25
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2020-02-24
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ AGREED NOTICE ON ALLOCATION OF ORAL ARGUMENT TIME
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2020-02-19
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2020-02-14
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
ORD-Setting Oral Argument ~ This case is set for Oral Argument on April 7, 2020, at 10:30 A.M. for 20 minutes per side. 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 HYPERLINK "http://www.4dca.org" www.4dca.org. Attorneys not registered with this court’s eDCA and pro se parties are required to file a "Notice of Receipt of Oral Argument" within ten (10) days from the date of this order, acknowledging they have received this order.
|
|
| Docket Date |
2020-02-06
|
| Type |
Brief
|
| Subtype |
Cross-Reply Brief
|
| Description |
Appellee/Cross-Appellant's Reply Brief ~ (PHILIP MORRIS USA INC)
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2019-12-31
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that Edward M. Wenger's December 30, 2019 motion to withdraw as counsel 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 |
2019-12-30
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2019-12-30
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel ~ **STRICKEN**
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2019-12-27
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument ~ (PHILIP MORRIS USA INC)
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2019-12-23
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief ~ /CROSS-ANSWER BRIEF OF ITG BRANDS
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2019-12-23
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument ~ (R.J. REYNOLDS TOBACCO COMPANY)
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2019-12-17
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
ORD-Withdraw as Counsel ~ ORDERED that the November 22, 2019 motion of Daniel W. Bell, counsel for appellee, State of Florida, to withdraw as counsel is granted.
|
|
| Docket Date |
2019-11-22
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2019-11-22
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that Daniel Bell's November 21, 2019 motion to withdraw as counsel 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 |
2019-11-21
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel ~ **STRICKEN**
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2019-11-20
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order Granting EOT for Appellant's Reply Brief ~ ORDERED that appellant, R.J. Reynolds Tobacco Company’s and ITG Brands LLC’s November 19, 2019 motions for extension of time are granted, and appellants shall serve the reply/cross-answer briefs on or before December 23, 2019. In addition, if the reply/cross-answer briefs are served after the time provided for in this order, they may be stricken.
|
|
| Docket Date |
2019-11-19
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief ~ (ITG BRANDS LLC) /CROSS-ANSWER BRIEF
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2019-11-19
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
|
| Docket Date |
2019-09-25
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2019-09-11
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief ~ (ITG BRANDS LLC) /CROSS-ANSWER BRIEF
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2019-09-11
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order Granting EOT for Appellant's Reply Brief ~ ORDERED that appellant, R.J. Reynolds Tobacco Company’s September 10, 2019 and appellant, ITG Brands LLC’s September 11, 2019 motions for extension of time are granted, and appellants shall serve the reply brief/cross-answer briefs on or before November 22, 2019. In addition, if the reply brief/cross-answer briefs are served after the time provided for in this order, they may be stricken.
|
|
| Docket Date |
2019-09-10
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief ~ (R.J. REYNOLDS TOBACCO COMPANY) /CROSS-ANSWER BRIEF
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2019-08-23
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ (STATE OF FLORIDA)
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2019-08-23
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ AND COSTS
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2019-08-14
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee, State of Florida’s August 14, 2019 motion for extension of time is granted, and appellee shall serve all answer briefs, including the answer/cross-initial brief, on or before August 23, 2019. In addition, appellee is notified that the failure to serve the briefs within the time provided herein may foreclose appellee's right to file the briefs or otherwise participate in this appeal. Further,ORDERED that the August 13, 2019 motion of Julissa Rodriguez, counsel for appellant, to withdraw as counsel is granted.
|
|
| Docket Date |
2019-08-14
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2019-08-13
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel ~ **GRANTED. SEE 08/14/2019 ORDER.**
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2019-08-13
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2019-07-30
|
| Type |
Order
|
| Subtype |
Order on Motion to Appear Pro Hac Vice
|
| Description |
Ord-Leave to Appear Pro Hac Vice ~ ORDERED that Ben M. Germana's July 26, 2019 verified motion for permission to appear pro hac vice is granted, and Ben M. Germana, Esquire, is permitted to appear in this appeal as counsel for Philip Morris USA Inc. Ben M. Germana, Esquire, is advised that this court does not send paper documents to attorneys and he shall register for this court’s eDCA system and the Florida Courts E-Filing Portal within five (5) days from the date of this order.
|
|
| Docket Date |
2019-07-26
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion to Appear Pro Hac Vice
|
| Description |
Mot. to appear pro hac vice ~ (BEN M. GERMANA)
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2019-07-26
|
| Type |
Misc. Events
|
| Subtype |
Pro Hac Vice Fee Paid through Portal
|
| Description |
PRO HAC VICE FEE PAID THROUGH PORTAL
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2019-06-21
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2019-04-23
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2019-04-12
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2019-04-01
|
| 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 March 29, 2019 motion for extension of time is granted in part, and appellant shall serve the initial brief on or before April 12, 2019. 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.
|
|
| Docket Date |
2019-03-29
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2019-02-28
|
| Type |
Order
|
| Subtype |
Order on Motion to Appear Pro Hac Vice
|
| Description |
Ord-Leave to Appear Pro Hac Vice ~ ORDERED that Simon J. Williams's February 27, 2019 verified motion for permission to appear pro hac vice is granted, and Simon J. Williams, Esquire, is permitted to appear in this appeal as counsel for Philip Morris USA, Inc. Simon J. Williams, Esquire, is advised that this court does not send paper documents to attorneys and he shall register for this court’s eDCA system and the Florida Courts E-Filing Portal within five (5) days from the date of this order.
|
|
| Docket Date |
2019-02-27
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion to Appear Pro Hac Vice
|
| Description |
Mot. to appear pro hac vice ~ (SIMON J. WILLIAMS)
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2019-02-27
|
| Type |
Misc. Events
|
| Subtype |
Pro Hac Vice Fee Paid through Portal
|
| Description |
PRO HAC VICE FEE PAID THROUGH PORTAL
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2019-01-30
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2018-12-21
|
| Type |
Order
|
| Subtype |
Order on Motion to Appear Pro Hac Vice
|
| Description |
Ord-Leave to Appear Pro Hac Vice ~ ORDERED that David P.T. Webb's December 20, 2018 verified motion for permission to appear pro hac vice is granted, and David P.T. Webb, Esquire, is permitted to appear in this appeal as counsel for Philip Morris USA Inc. David P.T. Webb, Esquire, is advised that this court does not send paper documents to attorneys and he shall register for this court’s eDCA system within five (5) days from the date of this order.
|
|
| Docket Date |
2018-12-11
|
| Type |
Order
|
| Subtype |
Order on Motion to Set Briefing Schedule
|
| Description |
ORD-Setting Briefing Schedule ~ ORDERED that the appellant's December 10, 2018 motion for modified briefing schedule is granted, as set forth in the motion.
|
|
| Docket Date |
2018-10-31
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time for Record
|
| Description |
ORD-Grant EOT to Complete ROA ~ ORDERED that the clerk of the circuit court's October 31, 2018 motion for extension of time is granted, and the time for the clerk of the circuit court to prepare the record on appeal and serve the index to the record is extended to and including November 30, 2018. All other time frames are extended accordingly. See Fla. R. App. P. 9.300(b).
|
|
| Docket Date |
2018-10-23
|
| Type |
Order
|
| Subtype |
Order on Motion to Appear Pro Hac Vice
|
| Description |
Ord-Leave to Appear Pro Hac Vice ~ ORDERED that Robert J. Brookhiser, Jr., and Elizabeth B. McCallum’s October 2, 2018 verified motions for permission to appear pro hac vice are granted, and Robert J. Brookhiser, Jr., Esquire and Elizabeth B. McCallum, Esquire, are permitted to appear in this appeal as counsel for ITG Brands, LLC. Robert J. Brookhiser, Jr., Esquire and Elizabeth B. McCallum, Esquire, are advised that this court does not send paper documents to attorneys and they shall register for this court’s eDCA system within five (5) days from the date of this order.
|
|
| Docket Date |
2018-10-22
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORD-Denying Aplee's Motion to Dismiss ~ Upon consideration of appellant Philip Morris, USA’s October 12, 2018 response, it is ORDERED that appellee ITG Brands, LLC’s October 3, 2018 motion to dismiss is denied.
|
|
| Docket Date |
2018-10-05
|
| Type |
Order
|
| Subtype |
Order on Motion to Appear Pro Hac Vice
|
| Description |
Order to Pay Fee - Motion to appear pro hac vice ~ This court is in receipt of the verified motion for admission to appear pro hac vice filed October 2, 2018, further,ORDERED that Elizabeth B. McCallum Esq., shall tender the $100 appearance fee required by section 35.22(2)(a), Fla. Stat. (2016), within ten (10) days from the date of the entry of this order. Upon so tendering the motion will be granted.
|
|
| Docket Date |
2018-10-03
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO MOTION TO DISMISS
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2018-10-03
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2018-10-01
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORD-Granting Consolidation ~ Upon consideration of the response filed September 18, 2018, the September 12, 2018 and September 14, 2018 motions to consolidate appeals are granted, and the above-styled case numbers are now consolidated and are to proceed under the time schedule for a direct appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D18-2616. The parties may separately file the briefs in this consolidated appeal. Further,ORDERED that the September 27, 2018 verified motions for permission to appear pro hac vice are granted, and Ian Boczko, Esq., Steven P. Winter, Esq., and Paul Vizcarrondo, Jr., Esq., are permitted to appear in this appeal as counsel for appellant, Philip Morris USA, Inc.
|
|
| Docket Date |
2018-09-28
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
PHILIP MORRIS USA INC.
|
|
| Docket Date |
2018-09-27
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion to Appear Pro Hac Vice
|
| Description |
Mot. to appear pro hac vice ~ (STEVEN P. WINTER) **GRANTED. SEE 10/01/2018 ORDER.**
|
| On Behalf Of |
PHILIP MORRIS USA INC.
|
|
| Docket Date |
2018-09-18
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO R.J. REYNOLDS TOBACCO COMPANY'S MOTION TO CONSOLIDATE APPEALS
|
| On Behalf Of |
PHILIP MORRIS USA INC.
|
|
| Docket Date |
2018-09-14
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2018-09-14
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO MOTION TO CONSOLIDATE
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2018-09-14
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2018-09-12
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2018-09-11
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
PHILIP MORRIS USA INC.
|
|
| Docket Date |
2018-09-11
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
R.J. REYNOLDS TOBACCO COMPANY VS STATE OF FLORIDA, et al.
|
4D2018-2616
|
2018-08-30
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
501995CA001466
|
Parties
| Name |
R.J. REYNOLDS TOBACCO COMPANY
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Mark F. Bideau, Stephanie Lauren Varela, Lindsay L. Macdonald, Elliot H. Scherker, Brigid Finerty Cech Samole, Andrea Shwayri
|
|
| Name |
PHILIP MORRIS
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
DOSAL TOBACCO CORP.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
STATE OF FLORIDA LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Steven Winter, Edward M. Wenger, Ian Boczko, Ellen Belfer, Andrew B. Boese, James V Etscorn, David P.T. Webb, Elizabeth McCallum, Robert Brookhiser, Ben M. Germana, Russell Kent, William Earl Davis, Jeremy L. Kahn, E. Raul Novoa, Paul Alexander Quimby, Paul Vizcarrondo, David P. Ackerman, Mary Leslie Smith, Scott B. Cosgrove, Amit Agarwal, Eleni K. Howard
|
|
| Name |
ITG BRANDS, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
THE AMERICAN TOBACCO COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Jeffrey Dana Gillen
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
FLORIDA SUPREME COURT CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
8888-10-01
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ **CONSOLIDATED WITH 18-2715 AND SHALL PROCEED UNDER 18-2616. PARTIES MAY SEPARATELY FILE THE BRIEFS. SEE 10/01/2018 ORDER.**
|
|
| Docket Date |
2020-12-18
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Miscellaneous
|
| Description |
Supreme Court Disposition ~ SC20-1506 DENIED
|
|
| Docket Date |
2020-10-19
|
| Type |
Supreme Court
|
| Subtype |
Acknowledged Receipt from Supreme Court
|
| Description |
Ack. Receipt from Supreme Court ~ SC20-1506
|
|
| Docket Date |
2020-10-15
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice sent to the Supreme Court
|
|
| Docket Date |
2020-10-15
|
| Type |
Supreme Court
|
| Subtype |
Notice to Invok. Disc. Jur. FSC
|
| Description |
Notice of Discretionary Jurisdiction to Supreme Court
|
| On Behalf Of |
R.J. Reynolds Tobacco Company
|
|
| Docket Date |
2020-10-09
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2020-09-18
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing En Banc
|
| Description |
Order Denying Rehearing En Banc ~ ORDERED that appellant's August 12, 2020 motion for rehearing, rehearing en banc, and certification is denied.
|
|
| Docket Date |
2020-09-18
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2020-08-28
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ STATE OF FLORIDA'S RESPONSE TO R.J. REYNOLDS'S MOTION FOR REHEARING, REHEARING EN BANC, AND CERTIFICATION
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2020-08-28
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellee State of Florida’s August 27, 2020 response 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 |
2020-08-27
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ PHILIP MORRIS'S OPPOSITION TO APPELLANT R.J. REYNOLDS'S MOTION FORREHEARING, REHEARING EN BANC, OR CERTIFICATION
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2020-08-12
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion for Rehearing / Rehearing En Banc ~ OR CERTIFICATION TO FLORIDA SUPREME COURT
|
| On Behalf Of |
R.J. Reynolds Tobacco Company
|
|
| Docket Date |
2020-08-12
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO MOTION FOR REHEARING
|
| On Behalf Of |
R.J. Reynolds Tobacco Company
|
|
| Docket Date |
2020-08-11
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
ORD-Withdraw as Counsel ~ ORDERED that the August 4, 2020 motion of Simon J. Williams, counsel for Philip Morris USA, Inc., to withdraw as counsel is granted.
|
|
| Docket Date |
2020-08-04
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2020-07-29
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney Fees-Unconditionally ~ ORDERED that appellee State of Florida’s August 23, 2019 unopposed motion for attorneys’ fees is granted. On remand, the trial court shall set the amount of the attorney's fees to be awarded for this appellate case. If a motion for rehearing is filed in this court, then services rendered in connection with the filing of the motion, including, but not limited to, preparation of a responsive pleading, shall be taken into account in computing the amount of the fee. Further,ORDERED that the motion for costs filed by Scott B. Cosgrove is denied without prejudice to seek costs in the trial court.
|
|
| Docket Date |
2020-07-29
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Authored Opinion
|
|
| Docket Date |
2020-06-09
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ 4DCA
|
|
| Docket Date |
2020-06-02
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2020-05-13
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Given the evolving situation surrounding the COVID-19 virus, the in-person oral arguments now scheduled at the Court on June 9, 2020 are cancelled. So as not to delay the disposition of the cases, the court will conduct oral argument through Zoom video conference on that date. The week before oral argument the Clerk of the Court will provide connection instructions. Should both parties file a stipulation by Thursday, May 21, 2020 at Noon that they waive oral argument, the court will then decide the case based upon the briefs.
|
|
| Docket Date |
2020-04-07
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
ORD-Setting Oral Argument ~ This case is set for Oral Argument on June 9, 2020, at 9:00 A.M. for 20 minutes per side. 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 HYPERLINK "http://www.4dca.org" www.4dca.org. Given the evolving situation surrounding the COVID-19 virus, the court may reschedule this oral argument or conduct oral argument by remote means.Attorneys not registered with this court’s eDCA and pro se parties are required to file a "Notice of Receipt of Oral Argument" within ten (10) days from the date of this order, acknowledging they have received this order.
|
|
| Docket Date |
2020-03-24
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED, sua sponte, that upon further review of the Agreed Notice on Allocation of Oral Argument Time and appellant’s Request for Telephonic Oral Argument, this Court is continuing Oral Argument set for April 7, 2020 at 10:30 a.m. and is resetting it for a future date to be determined.
|
|
| Docket Date |
2020-03-20
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument ~ REQUEST FOR TELEPHONIC ORAL ARGUMENT
|
| On Behalf Of |
R.J. Reynolds Tobacco Company
|
|
| Docket Date |
2020-03-20
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Given the evolving situation surrounding the COVID-19 virus, the oral arguments now scheduled at the Court on April 7, 2020 are cancelled. So as not to delay the disposition of the cases, the court is prepared to decide this case on the briefs of the parties. If any party desires an oral argument, that party should notify the Court by Friday, March 27, 2020, in writing, specifying the reasons why an oral argument is necessary in their case. If the Court agrees that an oral argument is necessary, such argument will be held by telephone on April 7, 2020 and the Court will provide call-in instructions and the procedure for oral argument.
|
|
| Docket Date |
2020-03-13
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ The Court advises all parties that, as of now, the oral argument scheduled in this case will proceed as scheduled. However, in light of the Coronavirus, COVID-19, the Court requests you file a motion to reschedule your oral argument if you, or someone who is planning on attending the oral argument with you, meets any of the following criteria: (1) have recently traveled to China, Iran, Italy, Japan, or South Korea; (2) have been exposed to or diagnosed with the Coronavirus, COVID-19; (3) are experiencing flu-like symptoms such as fever, cough, or shortness of breath; or (4) have some other Coronavirus-related risk which may make attendance at oral argument not feasible.
|
|
| Docket Date |
2020-03-04
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED that oral argument shall proceed in accordance with the parties’ February 24, 2020 Agreed Notice on Allocation of Oral Argument Time.
|
|
| Docket Date |
2020-02-25
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2020-02-24
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ AGREED NOTICE ON ALLOCATION OF ORAL ARGUMENT TIME
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2020-02-19
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2020-02-14
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
ORD-Setting Oral Argument ~ This case is set for Oral Argument on April 7, 2020, at 10:30 A.M. for 20 minutes per side. 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 HYPERLINK "http://www.4dca.org" www.4dca.org. Attorneys not registered with this court’s eDCA and pro se parties are required to file a "Notice of Receipt of Oral Argument" within ten (10) days from the date of this order, acknowledging they have received this order.
|
|
| Docket Date |
2020-02-06
|
| Type |
Brief
|
| Subtype |
Cross-Reply Brief
|
| Description |
Appellee/Cross-Appellant's Reply Brief ~ (PHILIP MORRIS USA INC)
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2019-12-31
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that Edward M. Wenger's December 30, 2019 motion to withdraw as counsel 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 |
2019-12-30
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 15 DAYS TO 02/06/2020
|
|
| Docket Date |
2019-12-30
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel ~ **STRICKEN**
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2019-12-30
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2019-12-27
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument ~ (PHILIP MORRIS USA INC)
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2019-12-23
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief ~ /CROSS-ANSWER BRIEF OF R.J. REYNOLDS
|
| On Behalf Of |
R.J. Reynolds Tobacco Company
|
|
| Docket Date |
2019-12-23
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument ~ (R.J. REYNOLDS TOBACCO COMPANY)
|
| On Behalf Of |
R.J. Reynolds Tobacco Company
|
|
| Docket Date |
2019-12-17
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
ORD-Withdraw as Counsel ~ ORDERED that the November 22, 2019 motion of Daniel W. Bell, counsel for appellee, State of Florida, to withdraw as counsel is granted.
|
|
| Docket Date |
2019-11-22
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2019-11-22
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that Daniel Bell's November 21, 2019 motion to withdraw as counsel 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 |
2019-11-21
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel ~ **STRICKEN**
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2019-11-20
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order Granting EOT for Appellant's Reply Brief ~ ORDERED that appellant, R.J. Reynolds Tobacco Company’s and ITG Brands LLC’s November 19, 2019 motions for extension of time are granted, and appellants shall serve the reply/cross-answer briefs on or before December 23, 2019. In addition, if the reply/cross-answer briefs are served after the time provided for in this order, they may be stricken.
|
|
| Docket Date |
2019-11-19
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief ~ (ITG BRANDS LLC) /CROSS-ANSWER BRIEF
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2019-11-19
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
R.J. Reynolds Tobacco Company
|
|
| Docket Date |
2019-09-25
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2019-09-11
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order Granting EOT for Appellant's Reply Brief ~ ORDERED that appellant, R.J. Reynolds Tobacco Company’s September 10, 2019 and appellant, ITG Brands LLC’s September 11, 2019 motions for extension of time are granted, and appellants shall serve the reply brief/cross-answer briefs on or before November 22, 2019. In addition, if the reply brief/cross-answer briefs are served after the time provided for in this order, they may be stricken.
|
|
| Docket Date |
2019-09-11
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief ~ (ITG BRANDS LLC) /CROSS-ANSWER BRIEF
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2019-09-10
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief ~ (R.J. REYNOLDS TOBACCO COMPANY) /CROSS-ANSWER BRIEF
|
| On Behalf Of |
R.J. Reynolds Tobacco Company
|
|
| Docket Date |
2019-08-23
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ (STATE OF FLORIDA)
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2019-08-23
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ AND COSTS
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2019-08-14
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2019-08-14
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee, State of Florida’s August 14, 2019 motion for extension of time is granted, and appellee shall serve all answer briefs, including the answer/cross-initial brief, on or before August 23, 2019. In addition, appellee is notified that the failure to serve the briefs within the time provided herein may foreclose appellee's right to file the briefs or otherwise participate in this appeal. Further,ORDERED that the August 13, 2019 motion of Julissa Rodriguez, counsel for appellant, to withdraw as counsel is granted.
|
|
| Docket Date |
2019-08-13
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel ~ **GRANTED. SEE 08/14/2019 ORDER.**
|
| On Behalf Of |
R.J. Reynolds Tobacco Company
|
|
| Docket Date |
2019-08-13
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2019-07-30
|
| Type |
Order
|
| Subtype |
Order on Motion to Appear Pro Hac Vice
|
| Description |
Ord-Leave to Appear Pro Hac Vice ~ ORDERED that Ben M. Germana's July 26, 2019 verified motion for permission to appear pro hac vice is granted, and Ben M. Germana, Esquire, is permitted to appear in this appeal as counsel for Philip Morris USA Inc. Ben M. Germana, Esquire, is advised that this court does not send paper documents to attorneys and he shall register for this court’s eDCA system and the Florida Courts E-Filing Portal within five (5) days from the date of this order.
|
|
| Docket Date |
2019-07-26
|
| Type |
Misc. Events
|
| Subtype |
Pro Hac Vice Fee Paid through Portal
|
| Description |
PRO HAC VICE FEE PAID THROUGH PORTAL
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2019-07-26
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion to Appear Pro Hac Vice
|
| Description |
Mot. to appear pro hac vice ~ (BEN M. GERMANA)
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2019-06-21
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 08/14/2019
|
|
| Docket Date |
2019-06-21
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2019-04-23
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 60 DAYS TO 07/15/2019
|
|
| Docket Date |
2019-04-23
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2019-04-12
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
R.J. Reynolds Tobacco Company
|
|
| Docket Date |
2019-04-01
|
| 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 March 29, 2019 motion for extension of time is granted in part, and appellant shall serve the initial brief on or before April 12, 2019. 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.
|
|
| Docket Date |
2019-03-29
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
R.J. Reynolds Tobacco Company
|
|
| Docket Date |
2019-02-28
|
| Type |
Order
|
| Subtype |
Order on Motion to Appear Pro Hac Vice
|
| Description |
Ord-Leave to Appear Pro Hac Vice ~ ORDERED that Simon J. Williams's February 27, 2019 verified motion for permission to appear pro hac vice is granted, and Simon J. Williams, Esquire, is permitted to appear in this appeal as counsel for Philip Morris USA, Inc. Simon J. Williams, Esquire, is advised that this court does not send paper documents to attorneys and he shall register for this court’s eDCA system and the Florida Courts E-Filing Portal within five (5) days from the date of this order.
|
|
| Docket Date |
2019-02-27
|
| Type |
Misc. Events
|
| Subtype |
Pro Hac Vice Fee Paid through Portal
|
| Description |
PRO HAC VICE FEE PAID THROUGH PORTAL
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2019-02-27
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion to Appear Pro Hac Vice
|
| Description |
Mot. to appear pro hac vice ~ (SIMON J. WILLIAMS)
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2019-01-30
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 50 DAYS TO 04/02/2019
|
|
| Docket Date |
2019-01-30
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
R.J. Reynolds Tobacco Company
|
|
| Docket Date |
2018-12-27
|
| Type |
Record
|
| Subtype |
Index
|
| Description |
Index ~ MASTER INDEX TO RECORD ON APPEAL
|
|
| Docket Date |
2018-12-21
|
| Type |
Order
|
| Subtype |
Order on Motion to Appear Pro Hac Vice
|
| Description |
Ord-Leave to Appear Pro Hac Vice ~ ORDERED that David P.T. Webb's December 20, 2018 verified motion for permission to appear pro hac vice is granted, and David P.T. Webb, Esquire, is permitted to appear in this appeal as counsel for Philip Morris USA Inc. David P.T. Webb, Esquire, is advised that this court does not send paper documents to attorneys and he shall register for this court’s eDCA system within five (5) days from the date of this order.
|
|
| Docket Date |
2018-12-20
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion to Appear Pro Hac Vice
|
| Description |
Mot. to appear pro hac vice ~ (DAVID P.T. WEBB)
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2018-12-19
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
R.J. Reynolds Tobacco Company
|
|
| Docket Date |
2018-12-19
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 40 DAYS TO 02/11/2019
|
|
| Docket Date |
2018-12-11
|
| Type |
Order
|
| Subtype |
Order on Motion to Set Briefing Schedule
|
| Description |
ORD-Setting Briefing Schedule ~ ORDERED that the appellant's December 10, 2018 motion for modified briefing schedule is granted, as set forth in the motion.
|
|
| Docket Date |
2018-12-10
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to Set Briefing Schedule
|
| Description |
Mot. to set briefing schedule ~ AGREED MOTION FOR MODIFIED BRIEFING SCHEDULE
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2018-10-31
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time for Record
|
| Description |
Motion Extension of Time To Complete ROA
|
|
| Docket Date |
2018-10-31
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time for Record
|
| Description |
ORD-Grant EOT to Complete ROA ~ ORDERED that the clerk of the circuit court's October 31, 2018 motion for extension of time is granted, and the time for the clerk of the circuit court to prepare the record on appeal and serve the index to the record is extended to and including November 30, 2018. All other time frames are extended accordingly. See Fla. R. App. P. 9.300(b).
|
|
| Docket Date |
2018-10-23
|
| Type |
Order
|
| Subtype |
Order on Motion to Appear Pro Hac Vice
|
| Description |
Ord-Leave to Appear Pro Hac Vice ~ ORDERED that Robert J. Brookhiser, Jr., and Elizabeth B. McCallum’s October 2, 2018 verified motions for permission to appear pro hac vice are granted, and Robert J. Brookhiser, Jr., Esquire and Elizabeth B. McCallum, Esquire, are permitted to appear in this appeal as counsel for ITG Brands, LLC. Robert J. Brookhiser, Jr., Esquire and Elizabeth B. McCallum, Esquire, are advised that this court does not send paper documents to attorneys and they shall register for this court’s eDCA system within five (5) days from the date of this order.
|
|
| Docket Date |
2018-10-22
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORD-Denying Aplee's Motion to Dismiss ~ Upon consideration of appellant Philip Morris, USA’s October 12, 2018 response, it is ORDERED that appellee ITG Brands, LLC’s October 3, 2018 motion to dismiss is denied.
|
|
| Docket Date |
2018-10-12
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO ITG BRANDS, LLC'S MOTION TO DISMISS APPEAL
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2018-10-12
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response ~ TO MOTION TO DISMISS
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2018-10-05
|
| Type |
Order
|
| Subtype |
Order on Motion to Appear Pro Hac Vice
|
| Description |
Order to Pay Fee - Motion to appear pro hac vice ~ This court is in receipt of the verified motion for admission to appear pro hac vice filed October 2, 2018, further,ORDERED that Robert J. Brookhiser, Jr., Esq., shall tender the $100 appearance fee required by section 35.22(2)(a), Fla. Stat. (2016), within ten (10) days from the date of the entry of this order. Upon so tendering the motion will be granted.
|
|
| Docket Date |
2018-10-03
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2018-10-03
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO MOTION TO DISMISS
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2018-10-02
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion to Appear Pro Hac Vice
|
| Description |
Mot. to appear pro hac vice ~ (ROBERT J. BROOKHISER, JR.)
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2018-10-01
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORD-Granting Consolidation ~ Upon consideration of the response filed September 18, 2018, the September 12, 2018 and September 14, 2018 motions to consolidate appeals are granted, and the above-styled case numbers are now consolidated and are to proceed under the time schedule for a direct appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D18-2616. The parties may separately file the briefs in this consolidated appeal. Further,ORDERED that the September 27, 2018 verified motions for permission to appear pro hac vice are granted, and Ian Boczko, Esq., Steven P. Winter, Esq., and Paul Vizcarrondo, Jr., Esq., are permitted to appear in this appeal as counsel for appellant, Philip Morris USA, Inc.
|
|
| Docket Date |
2018-09-28
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2018-09-18
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO R.J. REYNOLDS TOBACCO COMPANY'S MOTION TO CONSOLIDATE APPEALS
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2018-09-14
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar Case Pending
|
| On Behalf Of |
R.J. Reynolds Tobacco Company
|
|
| Docket Date |
2018-09-14
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate
|
| On Behalf Of |
R.J. Reynolds Tobacco Company
|
|
| Docket Date |
2018-09-14
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
R.J. Reynolds Tobacco Company
|
|
| Docket Date |
2018-09-12
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO APPELLANT'S MOTION TO CONSOLIDATE APPEALS
|
| On Behalf Of |
R.J. Reynolds Tobacco Company
|
|
| Docket Date |
2018-09-12
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
R.J. Reynolds Tobacco Company
|
|
| Docket Date |
2018-09-12
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate
|
| On Behalf Of |
R.J. Reynolds Tobacco Company
|
|
| Docket Date |
2018-08-31
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2018-08-31
|
| 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. 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 |
2018-08-30
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
R.J. Reynolds Tobacco Company
|
|
| Docket Date |
2018-08-30
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
SUE MC CALL VS R. J. REYNOLDS TOBACCO COMPANY, ET AL.,
|
2D2015-4269
|
2015-09-30
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Lee County
09-CA-1364
|
Parties
| Name |
SUE MC CALL
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
WILLIAM M. POWELL, ESQ.
|
|
| Name |
PHILIP MORRIS - U S A, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
THE AMERICAN TOBACCO COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
BROWN & WILLIAMSON TOBACCO CO
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
R. J. REYNOLDS TOBACCO CO.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
TROY A. FUHRMAN, ESQ., R. CRAIG MAYFIELD, ESQ., NICHOLAS P. MIZELL, ESQ., JOHN M. WALKER, ESQ., GAY L. TEDDER, ESQ., JENNIFER M. VOSS, ESQ., ANGELA M. SPLITTGERBER, ESQ., MICHAEL J. CORSO, ESQ., STEPHANIE E. PARKER, ESQ., GEOFFREY J. MICHAEL, ESQ., EDWARD K. CHEFFY, ESQ., MICHAEL L. WALDEN, ESQ.
|
|
| Name |
LIGGETT GROUP, L L C
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
LORILLARD TOBACCO COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
VECTOR GROUP LTD. INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
LEE CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2016-02-01
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORDER GRANTING VOLUNTARY DISMISSAL
|
|
| Docket Date |
2016-02-01
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
SUE MC CALL
|
|
| Docket Date |
2016-02-01
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2015-12-22
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ CM
|
|
| Docket Date |
2015-12-17
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ Note - motion amended - cm
|
| On Behalf Of |
SUE MC CALL
|
|
| Docket Date |
2015-11-23
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ KYLE
|
|
| Docket Date |
2015-11-19
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ CM
|
|
| Docket Date |
2015-11-17
|
| 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 |
SUE MC CALL
|
|
| Docket Date |
2015-11-10
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2015-11-10
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty
|
|
| Docket Date |
2015-10-08
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
R. J. REYNOLDS TOBACCO CO.
|
|
| Docket Date |
2015-09-30
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
SUE MC CALL
|
|
| Docket Date |
2015-09-30
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
HELEN MC HUGH VS R. J. REYNOLDS TOBACCO COMPANY, ET AL.,
|
2D2015-4251
|
2015-09-30
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Lee County
09-CA-1368
|
Parties
| Name |
HELEN MC HUGH
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
WILLIAM M. POWELL, ESQ., GEOFFREY J. MICHAEL, ESQ.
|
|
| Name |
BROWN & WILLIAMSON TOBACCO COR
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
LIGGETT GROUP, L L C
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
THE AMERICAN TOBACCO COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
LORILLARD TOBACCO COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
VECTOR GROUP LTD. INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
R. J. REYNOLDS TOBACCO CO.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
MICHAEL L. WALDEN, ESQ., MICHAEL J. CORSO, ESQ., TROY A. FUHRMAN, ESQ., JOHN M. WALKER, ESQ., R. CRAIG MAYFIELD, ESQ., JENNIFER M. VOSS, ESQ., GAY L. TEDDER, ESQ., NICHOLAS P. MIZELL, ESQ., STEPHANIE E. PARKER, ESQ., EDWARD K. CHEFFY, ESQ., JOHN F. YARBER, ESQ.
|
|
| Name |
PHILIP MORRIS - U S A, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
LEE CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2015-11-18
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ CM
|
|
| Docket Date |
2016-02-01
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2016-02-01
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
HELEN MC HUGH
|
|
| Docket Date |
2016-02-01
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORDER GRANTING VOLUNTARY DISMISSAL
|
|
| Docket Date |
2015-12-23
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ -cm
|
|
| Docket Date |
2015-12-17
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ Note - motion amended - cm
|
| On Behalf Of |
HELEN MC HUGH
|
|
| Docket Date |
2015-11-18
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ KYLE
|
|
| Docket Date |
2015-11-17
|
| 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 |
HELEN MC HUGH
|
|
| Docket Date |
2015-10-06
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2015-10-06
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty
|
|
| Docket Date |
2015-10-06
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ AND DESIGNATION OF EMAIL ADDRESSES
|
| On Behalf Of |
HELEN MC HUGH
|
|
| Docket Date |
2015-09-30
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2015-09-30
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
HELEN MC HUGH
|
|
|
|
MIRIAM FRANCIS, etc. VS R.J. REYNOLDS TOBACCO COMPANY, etc., et al.
|
4D2013-4060
|
2013-10-30
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Prohibition
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502008CA035449XXXXMB
|
Parties
| Name |
MIRIAM FRANCIS
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Scott P. Schlesinger, Bard D. Rockenbach, Jonathan Gdanski
|
|
| Name |
ALLAN FRANCIS
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
ESTATE OF ALLAN FRANCIS
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
BROOKE GROUP, LTD.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
LORILLARD TOBACCO COMPANY
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
PHILIP MORRIS USA INC.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
THE AMERICAN TOBACCO COMPANY
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Giselle G. Manseur, STACEY LIEBERMAN, Scott D. Kaiser, DANIEL H. WEINER, John P. Wiederhold, Eileen T. Moss, Maria H. Ruiz, Jason E. Keehfus, Kelly Ann Luther
|
|
| Name |
LIGGETT & MYERS TOBACCO CO.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
LIGGETT GROUP INC.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
R.J. REYNOLDS TOBACCO COMPANY
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
KAREN HAYNES CURTIS
|
|
| Name |
VECTOR GROUP LTD. INC.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
BROWN & WILLIAMSON TOBACCO CORPORATION
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Hon. Meenu Sasser
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
3333-12-02
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ ***SEE PRIMARY CASE #13-4058 FOR ALL FUTURE DOCKET ENTRIES.***
|
|
| Docket Date |
2014-03-27
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed (No Record)
|
|
| Docket Date |
2014-02-18
|
| Type |
Disposition
|
| Subtype |
Denied
|
| Description |
Denied - Order by Judge
|
|
| Docket Date |
2014-02-18
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
Order Denying Petition for Writ - Prohib. ~ ORDERED that the petitions for writ of prohibition are hereby denied.GROSS, CIKLIN and LEVINE, JJ., Concur.
|
|
| Docket Date |
2013-12-02
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-Sua Sponte ~ ORDERED sua sponte that case numbers 4D13-4058, 4D13-4059, 4D13-4060, and 4D13-4061 are hereby consolidated for all purposes. The case shall proceed under case number 4D13-4058.
|
|
| Docket Date |
2013-11-21
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
R.J. Reynolds Tobacco Company
|
|
| Docket Date |
2013-11-20
|
| Type |
Misc. Events
|
| Subtype |
Docketing Statement
|
| Description |
Docketing Statement ~ PT Bard D. Rockenbach 0771783
|
|
| Docket Date |
2013-11-12
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Prohibition / Acknowledgment letter
|
|
| Docket Date |
2013-10-30
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
| On Behalf Of |
MIRIAM FRANCIS
|
|
| Docket Date |
2013-10-30
|
| Type |
Petition
|
| Subtype |
Petition Prohibition
|
| Description |
Petition Prohibition
|
| On Behalf Of |
MIRIAM FRANCIS
|
|
| Docket Date |
2013-10-30
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
DEBRA PERROTTO, etc., et al. VS R.J. REYNOLDS TOBACCO COMPANY, etc., et al.
|
4D2013-4058
|
2013-10-30
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Prohibition
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502007CA023841XXXXMB
|
Parties
| Name |
NICHOLAS PERROTTO
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Estate of Nicholas Perrotto
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Debra Perrotto
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Bard D. Rockenbach, Scott P. Schlesinger, Jonathan Gdanski
|
|
| Name |
VECTOR GROUP LTD. INC.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
BROWN & WILLIAMSON TOBACCO CO
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
LIGGETT GROUP LLC
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
THE AMERICAN TOBACCO COMPANY
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
BROOKE GROUP, LTD.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
PHILIP MORRIS USA INC.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
LORILLARD TOBACCO COMPANY
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
R.J. REYNOLDS TOBACCO COMPANY
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
John P. Wiederhold, STACEY LIEBERMAN, Jason E. Keehfus, Eileen T. Moss, Maria H. Ruiz, Scott D. Kaiser, Kelly Ann Luther, DANIEL H. WEINER, KAREN HAYNES CURTIS, Giselle G. Manseur
|
|
| Name |
Hon. Meenu Sasser
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
3333-12-02
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ ***SEE PRIMARY CASE #13-4058 FOR ALL FUTURE DOCKET ENTRIES.***
|
|
| Docket Date |
2014-03-27
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed (No Record)
|
|
| Docket Date |
2014-02-18
|
| Type |
Disposition
|
| Subtype |
Denied
|
| Description |
Denied - Order by Judge
|
|
| Docket Date |
2014-02-18
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
Order Denying Petition for Writ - Prohib. ~ ORDERED that the petitions for writ of prohibition are hereby denied.GROSS, CIKLIN and LEVINE, JJ., Concur.
|
|
| Docket Date |
2013-12-06
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ (FILED UNDER 13-4061 FOR LIGGETT GROUP)
|
| On Behalf Of |
R.J. Reynolds Tobacco Company
|
|
| Docket Date |
2013-12-02
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-Sua Sponte ~ ORDERED sua sponte that case numbers 4D13-4058, 4D13-4059, 4D13-4060, and 4D13-4061 are hereby consolidated for all purposes. The case shall proceed under case number 4D13-4058.
|
|
| Docket Date |
2013-11-21
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
R.J. Reynolds Tobacco Company
|
|
| Docket Date |
2013-11-20
|
| Type |
Misc. Events
|
| Subtype |
Docketing Statement
|
| Description |
Docketing Statement ~ PT Bard D. Rockenbach 0771783
|
|
| Docket Date |
2013-11-12
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Prohibition / Acknowledgment letter
|
|
| Docket Date |
2013-10-30
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
| On Behalf Of |
Debra Perrotto
|
|
| Docket Date |
2013-10-30
|
| Type |
Petition
|
| Subtype |
Petition Prohibition
|
| Description |
Petition Prohibition
|
| On Behalf Of |
Debra Perrotto
|
|
| Docket Date |
2013-10-30
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
DAVID COHEN, AS PERSONAL REPRESENTATIVE, ETC. VS PHILIP MORRIS USA, INC., ETC., ET AL
|
4D2013-2681
|
2013-07-19
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
2009CA004042XXXXMBAI
|
Parties
| Name |
ESTATE OF HELEN COHEN
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
DAVID COHEN LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Jonathan Gdanski, Bard D. Rockenbach
|
|
| Name |
PHILIP MORRIS USA INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
KAREN HAYNES CURTIS, Justus Webb Reid, James W. Lee, Chad Andrew Peterson, W. Ray Persons, Andrew S. Brenner, Philip Robbins Green, STACEY LIEBERMAN, Geri E. Howell, John P. Wiederhold, Kelly Ann Luther, Austin A. Evans, Eileen T. Moss, Geoffrey Jonathan Michael, Garth Thomas Yearick, Stephen J. Krigbaum, Giselle G. Manseur, Todd Patrick Davis, Thomas W. Stoever, Jr., Maria H. Ruiz, William L. Durham
|
|
| Name |
LIGGETT GROUP LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
THE AMERICAN TOBACCO COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
LORILLARD TOBACCO COMPANY
|
| Role |
Appellee
|
| Status |
Withdrawn
|
|
| Name |
R.J. REYNOLDS TOBACCO COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
VECTOR GROUP LTD. INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
BROWN & WILLIAMSON TOBACCO CORPORATION
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Meenu Sasser
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2014-08-28
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ & DESIGNATION OF E-MAIL ADDRESSES
|
| On Behalf Of |
Philip Morris USA, Inc.
|
|
| Docket Date |
2017-03-16
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Miscellaneous
|
| Description |
Supreme Court Disposition ~ SC16-1837
|
|
| Docket Date |
2016-12-15
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Upon Notice of Voluntary Dismissal, LIGGETT GROUP, LLC, shall be dismissed as a party only as to future proceedings, if any, that may take place in this court following review by the Florida Supreme Court.
|
|
| Docket Date |
2016-12-07
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal ~ "JOINT NOTICE AND STIPULATION FOR DROPPING LIGGETT GROUP LLC WITH PREJUDICE"
|
| On Behalf Of |
Philip Morris USA, Inc.
|
|
| Docket Date |
2016-10-14
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Order
|
| Description |
Misc. Supreme Court Order ~ SC16-1837
|
|
| Docket Date |
2016-10-14
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2016-08-05
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
Philip Morris USA, Inc.
|
|
| Docket Date |
2016-10-14
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2016-10-10
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice sent to the Supreme Court
|
|
| Docket Date |
2016-10-10
|
| Type |
Supreme Court
|
| Subtype |
Notice to Invok. Disc. Jur. FSC
|
| Description |
Notice of Discretionary Jurisdiction to Supreme Court
|
| On Behalf Of |
DAVID COHEN
|
|
| Docket Date |
2016-09-23
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that appellant/cross-appellee's September 21, 2016 motion for extension of time is granted and the time in which to file post-opinion motions pursuant to Florida Rule of Appellate Procedure 9.330 and 9.331 is extended fifteen (15) days from the date of this order.
|
|
| Docket Date |
2016-09-21
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time
|
| On Behalf Of |
DAVID COHEN
|
|
| Docket Date |
2016-09-19
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that appellee's September 16, 2016 motion for extension of time is granted, and the time in which to file post-opinion motions pursuant to Florida Rules of Appellate Procedure 9.330 and 9.331 is extended to and including October 7, 2016.
|
|
| Docket Date |
2016-09-16
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time
|
| On Behalf Of |
Philip Morris USA, Inc.
|
|
| Docket Date |
2016-09-07
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed in Part/Reversed in Part
|
| Description |
Affirmed in Part/Reversed in Part - Authored Opinion
|
|
| Docket Date |
2016-09-07
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney Fees-Offer Judg. ~ ORDERED that the appellee/cross-appellant, Lorillard Tobacco Company's June 11, 2015 motion for attorneys' fees is granted conditioned on the trial court determining that appellee/cross-appellant, Lorillard Tobacco Company is entitled to fees under section 768.79, Florida Statutes (2016) and, if so, setting the amount of the attorneys' fees to be awarded for this appellate case. If a motion for rehearing is filed in this court, then services rendered in connection with the motion, including, but not limited to, preparation of a responsive pleading, shall be taken into account in computing the amount of the fee.
|
|
| Docket Date |
2016-07-28
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
Philip Morris USA, Inc.
|
|
| Docket Date |
2016-06-07
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ 4DCA
|
|
| Docket Date |
2016-05-31
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
Philip Morris USA, Inc.
|
|
| Docket Date |
2016-05-05
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
ORD-Setting Oral Argument ~ **AMENDED**This case is set for Oral Argument on June 7, 2016, at 10:00 A.M. for 15 minutes per side. The court calendars can be viewed on this court's website at HYPERLINK "http://www.4dca.org" www.4dca.org. Attorneys not registered with this court¿s eDCA and pro se parties are required to file a "Notice of Receipt of Oral Argument" within ten (10) days from the date of this order, acknowledging they have received this order.
|
|
| Docket Date |
2016-03-30
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
ORD-Setting Oral Argument ~ **AMENDED 5-5-16**This case is set for Oral Argument on June 7, 2016, at 9:30 A.M. for 15 minutes per side. The court calendars can be viewed on this court's website at HYPERLINK "http://www.4dca.org" www.4dca.org. Attorneys not registered with this court¿s eDCA and pro se parties are required to file a "Notice of Receipt of Oral Argument" within ten (10) days from the date of this order, acknowledging they have received this order.
|
|
| Docket Date |
2016-02-08
|
| Type |
Brief
|
| Subtype |
Cross-Reply Brief
|
| Description |
Appellee/Cross-Appellant's Reply Brief
|
| On Behalf Of |
Philip Morris USA, Inc.
|
|
| Docket Date |
2016-01-08
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Cross-Reply Brief
|
| Description |
Order Granting EOT for Cross-Reply Brief ~ **FINAL**ORDERED that appellees' December 30, 2015 motion for extension of time is granted, and appellees shall file the cross-reply brief and serve it upon opposing counsel within thirty (30) days from the date of this order. In addition, if the cross-reply brief is served after the time provided for in this order, it will be stricken. No further extensions will be permitted for this purpose.
|
|
| Docket Date |
2015-12-30
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Cross-Reply Brief
|
| Description |
Motion Extension of Time To File Cross Reply Brief
|
| On Behalf Of |
Philip Morris USA, Inc.
|
|
| Docket Date |
2015-11-23
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Cross-Reply Brief
|
| Description |
Notice of Agreed Extension - Cross-Reply Brief ~ 30 DAYS TO 12/30/15
|
| On Behalf Of |
Philip Morris USA, Inc.
|
|
| Docket Date |
2015-10-27
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief ~ 30 DAYS TO 11/30/15 Cross-Reply
|
| On Behalf Of |
Philip Morris USA, Inc.
|
|
| Docket Date |
2015-10-19
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO DAVID COHEN'S MOTION FOR ATTRY'S FEES
|
| On Behalf Of |
Philip Morris USA, Inc.
|
|
| Docket Date |
2015-10-19
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
ORD-Withdraw as Counsel ~ The October 13, 2015 unopposed motion of Elliot H. Scherker, Julissa Rodriguez, Brigid F. Cech Samole, Stephanie L. Varela and the law firm of Greenberg Traurig, P.A., counsel for appellee/cross-appellant Lorillard Tobacco Company, to withdraw as counsel is granted.
|
|
| Docket Date |
2015-10-13
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
Philip Morris USA, Inc.
|
|
| Docket Date |
2015-10-02
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
DAVID COHEN
|
|
| Docket Date |
2015-10-02
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief ~ AND CROSS AE'S ANSWER BRIEF
|
| On Behalf Of |
DAVID COHEN
|
|
| Docket Date |
2015-09-11
|
| Type |
Order
|
| Subtype |
Order on Motion For Substitution of Parties
|
| Description |
ORD-Allowing Substitution of Parties ~ ORDERED that the September 2, 2015 unopposed motion to substitute is granted, and R.J. Reynolds Tobacco Company, as successor-by-merger to Lorillard Tobacco Company, is substituted in place of Lorillard Tobacco Company.
|
|
| Docket Date |
2015-09-02
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
ORD-Reply Brief to be Served ~ **FINAL**ORDERED that appellant/cross-appellee's August 24, 2015 unopposed motion for extension of time is granted, and appellant/cross-appellee shall serve the reply/answer brief within thirty (30) days from the date of this order. In addition, if the reply/answer brief is served after the time provided for in this order, it will be subject to being stricken, or the court in its discretion may impose other sanctions. This is the final extension of time that will be permitted for this purpose.
|
|
| Docket Date |
2015-09-02
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion For Substitution of Parties
|
| Description |
Motion For Substitution of Parties
|
| On Behalf Of |
Philip Morris USA, Inc.
|
|
| Docket Date |
2015-08-24
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief
|
| On Behalf Of |
DAVID COHEN
|
|
| Docket Date |
2015-07-23
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order Granting EOT for Appellant's Reply Brief ~ ORDERED that appellant/cross-appellee's July 17, 2015 unopposed motion for extension of time is granted, and appellant/cross-appellee shall serve the reply/answer brief within thirty (30) days from the date of this order. In addition, if the reply/answer brief is served after the time provided for in this order, it may be stricken.
|
|
| Docket Date |
2015-07-17
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief
|
| On Behalf Of |
DAVID COHEN
|
|
| Docket Date |
2015-07-01
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO LIGGETT GROUP LLC'S MOTION FOR ATTORNEY'S FEES
|
| On Behalf Of |
DAVID COHEN
|
|
| Docket Date |
2015-06-26
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO LORILLARD TOBACCO CO.'S MOTION FOR ATTORNEY'S FEES
|
| On Behalf Of |
DAVID COHEN
|
|
| Docket Date |
2015-06-24
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ (R.J. REYNOLDS) (RESPONSE FILED 7/1/15)
|
| On Behalf Of |
Philip Morris USA, Inc.
|
|
| Docket Date |
2015-06-19
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ (RESPONSE FILED 7/1/15)
|
| On Behalf Of |
Philip Morris USA, Inc.
|
|
| Docket Date |
2015-06-17
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order Granting EOT for Appellant's Reply Brief ~ ORDERED that appellant/cross-appellee's June 12, 2015 unopposed motion for extension of time is granted, and appellant shall serve the reply/cross-answer brief within thirty (30) days from the date of this order. In addition, if the reply/cross-answer brief is served after the time provided for in this order, it may be stricken.
|
|
| Docket Date |
2015-06-12
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief
|
| On Behalf Of |
DAVID COHEN
|
|
| Docket Date |
2015-06-11
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ (LORILLARD TOBACCO CO.) (RESPONSE FILED 6/26/15)
|
| On Behalf Of |
Philip Morris USA, Inc.
|
|
| Docket Date |
2015-05-13
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief ~ 30 DAYS TO 06/12/15 (REPLY/CROSS-ANSWER)
|
| On Behalf Of |
DAVID COHEN
|
|
| Docket Date |
2015-04-13
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief ~ 30 DAYS TO 05/13/15 (REPLY/CROSS-ANSWER)
|
| On Behalf Of |
DAVID COHEN
|
|
| Docket Date |
2015-04-01
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument ~ AE Philip Robbins Green 0095592
|
|
| Docket Date |
2015-03-18
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ AND INITIAL BRIEF ON CROSS-APPEAL
|
| On Behalf Of |
Philip Morris USA, Inc.
|
|
| Docket Date |
2015-03-04
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORD-Answer Brief to be Served ~ **FINAL** ORDERED that appellees/cross-appellants' unopposed motion filed February 23, 2015, for extension of time, is granted and appellees/cross-appellants shall serve the answer/initial brief within fourteen (14) days from the date of the entry of this order. In addition, appellees/cross-appellants are notified that the failure to serve the brief within the time provided herein will foreclose appellees/cross-appellants' right to file a brief or otherwise participate in this appeal or the court in its discretion may impose other sanctions. No further extensions will be permitted for this purpose.
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|
| Docket Date |
2015-02-23
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ (GRANTED 3/4/15)
|
| On Behalf Of |
Philip Morris USA, Inc.
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|
| Docket Date |
2015-01-23
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellees/cross-appellants' unopposed motion filed January 13, 2015, for extension of time, is granted and appellees/cross-appellants shall serve the answer/initial brief within thirty (30) days from the date of the entry of this order. In addition, appellees/cross-appellants are notified that the failure to serve the brief within the time provided herein may foreclose appellees/cross-appellants' right to file a brief or otherwise participate in this appeal.
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|
| Docket Date |
2015-01-13
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ (GRANTED 1/23/15)
|
| On Behalf Of |
Philip Morris USA, Inc.
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|
| Docket Date |
2014-12-15
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellees/cross-appellants' unopposed motion filed December 3, 2014, for extension of time, is granted and appellees/cross-appellants shall serve the answer/initial brief within thirty (30) days from the date of the entry of this order. In addition, appellees/cross-appellants are notified that the failure to serve the brief within the time provided herein may foreclose appellees/cross-appellants' right to file a brief or otherwise participate in this appeal.
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|
| Docket Date |
2014-12-04
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ (GRANTED 12/15/14)
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| On Behalf Of |
Philip Morris USA, Inc.
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|
| Docket Date |
2014-09-29
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ 60 DAYS TO 12/05/14 (ANSWER/CROSS-INITIAL)
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| On Behalf Of |
Philip Morris USA, Inc.
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|
| Docket Date |
2014-08-08
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
ORD-Allowing Attachment to Record ~ ORDERED that the appellee, R.J. Reynolds Tobacco Company's agreed motion filed July 29, 2014, to supplement the record is granted, and the record is hereby supplemented to include the material referenced in the motion. Said supplemental record is deemed filed the date of the entry of this order.
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|
| Docket Date |
2014-08-08
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| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records
|
| On Behalf Of |
Philip Morris USA, Inc.
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|
| Docket Date |
2014-07-29
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion To File Supplemental Brief
|
| Description |
Motion To File Supplemental Brief
|
| On Behalf Of |
Philip Morris USA, Inc.
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|
| Docket Date |
2014-07-15
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Philip Morris USA, Inc.
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|
| Docket Date |
2014-07-14
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ 60 DAYS TO 09/25/14
|
| On Behalf Of |
Philip Morris USA, Inc.
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|
| Docket Date |
2014-07-14
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant/cross-appellee's unopposed motion filed June 23, 2014, for extension of time to serve his initial brief is granted. Said brief was filed July 7, 2014.
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|
| Docket Date |
2014-07-07
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ TO INITIAL BRIEF
|
| On Behalf Of |
DAVID COHEN
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|
| Docket Date |
2014-07-07
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
DAVID COHEN
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|
| Docket Date |
2014-07-07
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
ORD-Allowing Attachment to Record ~ ORDERED that the appellant's motion filed June 27, 2014, and amended motion filed July 1, 2014, to supplement the record are granted, and the record is hereby supplemented to include the said document which will be included in the appendix to the initial brief.
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|
| Docket Date |
2014-07-01
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record ~ AMENDED
|
| On Behalf Of |
DAVID COHEN
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|
| Docket Date |
2014-06-27
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record ~ **SEE AMENDED MOTION**
|
| On Behalf Of |
DAVID COHEN
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|
| Docket Date |
2014-06-23
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ (GRANTED 7/14/14 - BRIEF FILED 7/7/14)
|
| On Behalf Of |
DAVID COHEN
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|
| Docket Date |
2014-06-13
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant/cross-appellee's unopposed motion filed June 4, 2014, for extension of time is granted, and appellant/cross-appellee shall serve the initial brief within six (6) 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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|
| Docket Date |
2014-06-04
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ (GRANTED 6/13/14)
|
| On Behalf Of |
DAVID COHEN
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|
| Docket Date |
2014-05-27
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant/cross-appellee, David Cohen, etc.'s unopposed motion filed May 12, 2014, for extension of time is granted, and appellant/cross-appellee shall serve the initial brief within six (6) 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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|
| Docket Date |
2014-05-12
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ (GRANTED 5/27/14)
|
| On Behalf Of |
DAVID COHEN
|
|
| Docket Date |
2014-05-01
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant/cross-appellee, David Cohen, etc.'s unopposed motion filed April 14, 2014, for extension of time is granted, and appellant/cross-appellee 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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|
| Docket Date |
2014-04-14
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ ON CROSS-APPEAL (GRANTED 5/1/14)
|
| On Behalf Of |
DAVID COHEN
|
|
| Docket Date |
2014-03-24
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant/cross-appellee's (David Cohen, etc.) unopposed motion filed March 13, 2014, for extension of time is granted, and appellant/cross-appellee shall serve the initial brief within twenty (20) 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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|
| Docket Date |
2014-03-13
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ ON CROSS-APPEAL (GRANTED 3/24/14)
|
| On Behalf Of |
DAVID COHEN
|
|
| Docket Date |
2014-02-26
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant/cross-appellee's (David Cohen, etc.) unopposed motion filed February 14, 2014, for extension of time is granted, and appellant/cross-appellee shall serve the initial brief within fifteen (15) 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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|
| Docket Date |
2014-02-14
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ (GRANTED 2/26/14)
|
| On Behalf Of |
DAVID COHEN
|
|
| Docket Date |
2014-01-15
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant/cross-appellee's motion filed January 9, 2014, for extension of time is granted, and appellant/cross-appellee's shall serve the initial brief within thirty (30) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
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|
| Docket Date |
2014-01-09
|
| 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 |
DAVID COHEN
|
|
| Docket Date |
2013-12-11
|
| Type |
Notice
|
| Subtype |
Notice of Change of Address
|
| Description |
Notice of Change of Address
|
| On Behalf Of |
DAVID COHEN
|
|
| Docket Date |
2013-07-19
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
DAVID COHEN
|
|
| Docket Date |
2013-11-08
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ 30 DAYS TO 12/11/13 (ON CROSS-APPEAL)
|
| On Behalf Of |
DAVID COHEN
|
|
| Docket Date |
2013-10-25
|
| Type |
Misc. Events
|
| Subtype |
Docketing Statement
|
| Description |
Docketing Statement ~ AE Philip Robbins Green 0095592
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|
| Docket Date |
2013-09-26
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ 46 DAYS TO 11/11/13 (ON CROSS-APPEAL)
|
| On Behalf Of |
DAVID COHEN
|
|
| Docket Date |
2013-09-09
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ THIRTY-FIVE (35) VOLUMES (e)
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|
| Docket Date |
2013-07-19
|
| Type |
Misc. Events
|
| Subtype |
Order Appealed
|
| Description |
**DNU** order appealed ~ attached to NOA
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|
| Docket Date |
2013-09-03
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Philip Morris USA, Inc.
|
|
| Docket Date |
2013-08-29
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Philip Morris USA, Inc.
|
|
| Docket Date |
2013-08-23
|
| Type |
Misc. Events
|
| Subtype |
Docketing Statement
|
| Description |
Docketing Statement ~ AA Bard D. Rockenbach 0771783
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|
| Docket Date |
2013-08-22
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ THIRTY-FIVE (35) VOLUMES ("e")
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|
| Docket Date |
2013-08-21
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ THIRTY-FOUR (34) VOLUMES (e)
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|
| Docket Date |
2013-08-08
|
| Type |
Notice
|
| Subtype |
Notice of Joinder for Realignment
|
| Description |
Notice of Joinder in Appeal ~ IN CROSS APPEAL BY LIGGETT GROUP
|
| On Behalf Of |
Philip Morris USA, Inc.
|
|
| Docket Date |
2013-07-30
|
| Type |
Notice
|
| Subtype |
Notice of Cross Appeal
|
| Description |
Notice of Cross Appeal ~ LORILLARD TOBACCO CO AND RJ REYNOLDS TOBACCO CO
|
| On Behalf Of |
Philip Morris USA, Inc.
|
|
| Docket Date |
2013-07-26
|
| Type |
Notice
|
| Subtype |
Notice of Cross Appeal
|
| Description |
Notice of Cross Appeal ~ Cert.copy PHILIP MORRIS USA INC.
|
|
| Docket Date |
2013-07-26
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2013-07-26
|
| 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, 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 the entry of this order. 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. 4DCA 1997). Failure of the attorney to pay will result in referral to the Florida Department of Banking and Finance 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.
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