|
Philip Morris USA Inc., Appellant(s), v. Gloria Garcia, etc., et al., Appellee(s).
|
3D2024-1693
|
2024-09-26
|
Open
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
17-5523-CA-01
|
Parties
| Name |
GLORIA GARCIA LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Philip Freidin, Sarah Jaffe Glasser, Robert E Schack, Kimberly Lynn Boldt, Ryan Carter Tyler, Douglas Fredric Eaton
|
|
| Name |
Hon. Charles Kenneth Johnson
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
PHILIP MORRIS USA INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Frank Cruz-Alvarez, Douglas Fredric Eaton, Lindsey Katherine Heinz, Jennifer Blues Kenyon, David Michael Menichetti
|
|
Docket Entries
| Docket Date |
2024-11-21
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time to file IB-30 days to 12/22/2024
|
| On Behalf Of |
Gloria Garcia
|
| View |
View File
|
|
| Docket Date |
2024-11-21
|
| Type |
Record
|
| Subtype |
Transcript
|
| Description |
Transcript
|
| On Behalf Of |
Miami-Dade Clerk
|
| View |
View File
|
|
| Docket Date |
2024-11-19
|
| Type |
Order
|
| Subtype |
Order on Motion For Clarification
|
| Description |
Appellee R.J. Reynolds Tobacco Company's Unopposed Motion to Clarify Briefing Schedule filed on November 18, 2024, is granted as stated in the Motion.
|
| View |
View File
|
|
| Docket Date |
2024-11-06
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
|
| On Behalf Of |
Miami-Dade Clerk
|
| View |
View File
|
|
| Docket Date |
2024-11-05
|
| Type |
Notice
|
| Subtype |
Notice of Confidential Information within Court Filing
|
| Description |
Notice of Confidential Information within Court Filing
|
| On Behalf Of |
Miami-Dade Clerk
|
| View |
View File
|
|
| Docket Date |
2024-10-08
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Gloria Garcia
|
| View |
View File
|
|
| Docket Date |
2024-09-27
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
Upon consideration of Appellant's unopposed Motion to
Consolidate Appeals filed in Case No. 3D2024-1693, it is ordered that the
above-referenced appeals are hereby consolidated for all appellate
purposes under case no. 3D2024-1624. All filings in the case shall be under
case no. 3D2024-1624. The parties shall file only one set of briefs under
case no. 3D2024-1624.
|
| View |
View File
|
|
| Docket Date |
2024-09-26
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Appellant Unopposed Motion To Consolidate Appeals
|
| On Behalf Of |
Philip Morris USA Inc.
|
| View |
View File
|
|
| Docket Date |
2024-09-26
|
| Type |
Event
|
| Subtype |
Fee Satisfied
|
| Description |
Fee Satisfied
|
|
| Docket Date |
2024-09-26
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
$300 case filing fee paid through the portal. Batch no. 12616329
|
| On Behalf Of |
Philip Morris USA Inc.
|
| View |
View File
|
|
| Docket Date |
2024-09-26
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Related Case: 24-1624
|
| On Behalf Of |
Philip Morris USA Inc.
|
| View |
View File
|
|
| Docket Date |
2024-09-26
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-12-23
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time to file IB-30 days to 01/21/2025
|
| On Behalf Of |
Gloria Garcia
|
| View |
View File
|
|
| Docket Date |
2024-11-18
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Appellee's Unopposed Motion to Clarify Briefing Schedule
|
| On Behalf Of |
Philip Morris USA Inc.
|
| View |
View File
|
|
| Docket Date |
2024-11-06
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Upon review of the record/affidavits filed in this case, the Court has determined that condensed transcripts fail to comply with the requirements of Florida Rules of Appellate Procedure 9.200(b)(4) and 9.220(c)(4). Any such condensed transcripts filed after January 1, 2019, are hereby stricken. The responsible party (the party who seeks to have the transcripts considered by this Court) shall file transcripts that comply with the Florida Rules of Appellate Procedure within thirty (30) days from the date of this Order.
|
| View |
View File
|
|
|
|
Gloria Garcia, etc., Appellant(s), v. R.J. Reynolds Tobacco Company, et al., Appellee(s).
|
3D2024-1624
|
2024-09-16
|
Open
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
17-5523-CA-01
|
Parties
| Name |
R.J. REYNOLDS TOBACCO COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PHILIP MORRIS USA INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Frank Cruz-Alvarez, Lindsey Katherine Heinz, Jennifer Blues Kenyon, David Michael Menichetti
|
|
| Name |
Hon. Charles Kenneth Johnson
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
GLORIA GARCIA LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Douglas Fredric Eaton, Philip Freidin, Sarah Jaffe Glasser, Robert E Schack, Kimberly Lynn Boldt, Ryan Carter Tyler
|
|
Docket Entries
| Docket Date |
2024-11-21
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time to file IB-30 days to 12/22/2024
|
| On Behalf Of |
Gloria Garcia
|
| View |
View File
|
|
| Docket Date |
2024-11-21
|
| Type |
Record
|
| Subtype |
Transcript
|
| Description |
Transcript
|
| On Behalf Of |
Miami-Dade Clerk
|
| View |
View File
|
|
| Docket Date |
2024-11-19
|
| Type |
Order
|
| Subtype |
Order on Motion For Clarification
|
| Description |
Appellee R.J. Reynolds Tobacco Company's Unopposed Motion to Clarify Briefing Schedule filed on November 18, 2024, is granted as stated in the Motion.
|
| View |
View File
|
|
| Docket Date |
2024-11-18
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Appellee's Unopposed Motion to Clarify Briefing Schedule
|
| On Behalf Of |
Philip Morris USA Inc.
|
| View |
View File
|
|
| Docket Date |
2024-11-06
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Upon review of the record/affidavits filed in this case, the Court has determined that condensed transcripts fail to comply with the requirements of Florida Rules of Appellate Procedure 9.200(b)(4) and 9.220(c)(4). Any such condensed transcripts filed after January 1, 2019, are hereby stricken. The responsible party (the party who seeks to have the transcripts considered by this Court) shall file transcripts that comply with the Florida Rules of Appellate Procedure within thirty (30) days from the date of this Order.
|
| View |
View File
|
|
| Docket Date |
2024-11-06
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
|
| On Behalf Of |
Miami-Dade Clerk
|
| View |
View File
|
|
| Docket Date |
2024-11-05
|
| Type |
Notice
|
| Subtype |
Notice of Confidential Information within Court Filing
|
| Description |
Notice of Confidential Information within Court Filing
|
| On Behalf Of |
Miami-Dade Clerk
|
| View |
View File
|
|
| Docket Date |
2024-10-08
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Gloria Garcia
|
| View |
View File
|
|
| Docket Date |
2024-09-27
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
Upon consideration of Appellant's unopposed Motion to
Consolidate Appeals filed in Case No. 3D2024-1693, it is ordered that the
above-referenced appeals are hereby consolidated for all appellate
purposes under case no. 3D2024-1624. All filings in the case shall be under
case no. 3D2024-1624. The parties shall file only one set of briefs under
case no. 3D2024-1624.
|
| View |
View File
|
|
| Docket Date |
2024-09-18
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Philip Morris USA Inc.
|
| View |
View File
|
|
| Docket Date |
2024-09-16
|
| Type |
Event
|
| Subtype |
Fee Satisfied
|
| Description |
Fee Satisfied
|
|
| Docket Date |
2024-09-16
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
$300 case filing fee paid through the portal. Batch no. 12497462
|
| On Behalf Of |
Gloria Garcia
|
| View |
View File
|
|
| Docket Date |
2024-09-16
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-09-16
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
| On Behalf Of |
Gloria Garcia
|
| View |
View File
|
|
| Docket Date |
2024-12-23
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time to file IB-30 days to 01/21/2025
|
| On Behalf Of |
Gloria Garcia
|
| View |
View File
|
|
| Docket Date |
2024-09-16
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
This is to notify counsel for appellant that the filing and prosecution of a notice of appeal in this Court is not acceptable without compliance with the Florida Rules of Appellate Procedure. Therefore, this appeal will be dismissed unless the required three hundred dollar ($300.00) fee is paid to the Clerk of the Court on or before September 26, 2024.
|
| View |
View File
|
|
|
|
Philip Morris USA Inc., et al., Petitioner(s) v. The Estate of Roberta Eisen, etc., Respondent(s)
|
SC2024-0692
|
2024-05-06
|
Closed
|
|
| Classification |
Discretionary Review - Notice to Invoke - Direct Conflict of Decisions
|
| Court |
Supreme Court of Florida
|
| Originating Court |
3rd District Court of Appeal
3D2022-1649;
|
Parties
| Name |
R.J. REYNOLDS TOBACCO COMPANY
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Ursula Marie Henninger, Philip Robbins Green
|
|
| Name |
The Estate of Roberta Eisen deceased, by and through her Personal Representative, Neil Schertzer
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Douglas Fredric Eaton, Richard John Diaz, Carlos Rigoberto Salazar, Jr., Ramon Arturo Hernandez, Carlos Santisteban, Jr.
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Hon. Reemberto Diaz
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
3DCA Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
PHILIP MORRIS USA INC.
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Scott Adam Chesin, Michael Evan Rayfield, Ryan Benjamin Witte, David M. Menichetti, Frank Cruz-Alvarez, Drew T. Bell
|
|
Docket Entries
| Docket Date |
2024-05-08
|
| Type |
Motion
|
| Subtype |
Ext of Time (Juris Brief-Initial)
|
| Description |
Petitioners Philip Morris USA Inc. and R.J. Reynolds Tobacco Company's Unopposed Motion for Extension to File Brief on Jurisdiction
|
| On Behalf Of |
Philip Morris USA, Inc.
|
| View |
View File
|
|
| Docket Date |
2024-06-27
|
| Type |
Order
|
| Subtype |
Brief Amendment
|
| Description |
Respondent's motion to file an amended jurisdictional brief is granted and said amended brief was filed with this Court on June 27, 2024. Respondent's brief filed June 18, 2024, is hereby stricken.
|
| View |
View File
|
|
| Docket Date |
2024-06-27
|
| Type |
Brief
|
| Subtype |
Juris Answer (Amended)
|
| Description |
Respondent's Amended Answer Brief on Jurisdiction
|
| On Behalf Of |
The Estate of Roberta Eisen deceased, by and through her Personal Representative, Neil Schertzer
|
| View |
View File
|
|
| Docket Date |
2024-06-27
|
| Type |
Motion
|
| Subtype |
Brief Amendment
|
| Description |
Respondent's Unopposed Motion to File Amended Brief
|
| On Behalf Of |
The Estate of Roberta Eisen deceased, by and through her Personal Representative, Neil Schertzer
|
| View |
View File
|
|
| Docket Date |
2024-06-18
|
| Type |
Brief
|
| Subtype |
Juris Answer
|
| Description |
Answer Brief on Jurisdiction of Respondent Roberta Eisen * Stricken on 6/18/24. Does not contain a statement of the issues. *
|
| On Behalf Of |
The Estate of Roberta Eisen deceased, by and through her Personal Representative, Neil Schertzer
|
| View |
View File
|
|
| Docket Date |
2024-06-18
|
| Type |
Order
|
| Subtype |
Brief/Appendix Stricken (Non-Compliance)
|
| Description |
Respondent's Answer Brief on Jurisdiction of Respondent Roberta Eisen, which was filed with this Court on June 18, 2024, does not comply with Florida Rules of Appellate Procedure 9.120(d) and 9.210 and is hereby stricken. Respondent is hereby directed, on or before June 25, 2024, to serve an amended brief. It shall contain, in the following order: a cover sheet, a table of contents, a table of citations, a statement of the issues, a statement of the case and of the facts, an argument, a conclusion, and include a certificate of compliance which immediately follows the certificate of service. The brief must not exceed 2,500 words. The table of contents and citations, the statement of the issues, the certificates of service and compliance, and the signature block for the brief's author shall be excluded from the computation.
|
| View |
View File
|
|
| Docket Date |
2024-06-05
|
| Type |
Brief
|
| Subtype |
Juris Initial
|
| Description |
Petitioners' Brief on Jurisdiction
|
| On Behalf Of |
Philip Morris USA, Inc.
|
| View |
View File
|
|
| Docket Date |
2024-05-08
|
| Type |
Order
|
| Subtype |
Extension of Time (Juris Brief)
|
| Description |
Petitioner's motion for extension of time is granted, and petitioner is allowed to and including June 5, 2024, 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.
|
| On Behalf Of |
Philip Morris USA, Inc.
|
| View |
View File
|
|
| Docket Date |
2024-05-07
|
| Type |
Event
|
| Subtype |
Fee Paid Through Portal
|
| Description |
Fee Paid Through Portal
|
|
| Docket Date |
2024-05-07
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Pay Case Filing Fee-300
|
| On Behalf Of |
Philip Morris USA, Inc.
|
| View |
View File
|
|
| Docket Date |
2024-05-07
|
| Type |
Letter-Case
|
| Subtype |
Acknowledgment Letter-New Case-Pay Fee
|
| Description |
Acknowledgment Letter-New Case-Pay Fee
|
| View |
View File
|
|
| Docket Date |
2024-05-06
|
| Type |
Notice
|
| Subtype |
Invoke Discretionary Jurisdiction
|
| Description |
Notice to Invoke Discretionary Jurisdiction
|
| On Behalf Of |
Philip Morris USA, Inc.
|
| View |
View File
|
|
| Docket Date |
2024-08-02
|
| Type |
Disposition
|
| Subtype |
Rev DY Lack Juris
|
| Description |
This cause having heretofore been submitted to the Court on jurisdictional briefs and portions of the record deemed necessary to reflect jurisdiction under Article V, Section 3(b), Florida Constitution, and the Court having determined that it should decline to accept jurisdiction, it is ordered that the petition for review is denied.
No motion for rehearing will be entertained by the Court. See Fla. R. App. P. 9.330(d)(2).
|
| View |
View File
|
|
| Docket Date |
2024-05-07
|
| Type |
Order
|
| Subtype |
Couns Pro Hac Vice (Foreign Counsel)
|
| Description |
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
|
|
|
|
PHILIP MORRIS USA, INC., et al., Appellant(s) v. BERNICE MCCALL, Individually, etc., et al., Appellee(s).
|
4D2024-0753
|
2024-03-22
|
Open
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE07-36888
|
Parties
| Name |
R.J. REYNOLDS TOBACCO COMPANY
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Bernice McCall
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Alejandro Alvarez, Phillip Edward Holden, Jordan L. Chaikin, Celene Harrell Humphries, Thomas ArnoldAntoineBeller Burns
|
|
| Name |
Estate of Martin Mccall
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Broward Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Hon. David Alan Haimes
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
PHILIP MORRIS USA INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
David Menichetti, Kenneth James Reilly, David Robbins Swaney, David Francis Northrip, James William Feeney, III
|
|
Docket Entries
| Docket Date |
2024-09-09
|
| Type |
Recognizing Agreed Extension
|
| Subtype |
Answer Brief
|
| Description |
90 DAYS TO December 30, 2024.
|
|
| Docket Date |
2024-09-09
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension of Time - Answer Brief
|
|
| Docket Date |
2024-08-30
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
ORDERED that Appellant's August 27, 2024 motion to supplement the record is granted, and the record is supplemented to include the material mentioned within the motion. Said supplemental record is deemed filed as of the date of this order.
|
| View |
View File
|
|
| Docket Date |
2024-08-30
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Record
|
|
| Docket Date |
2024-08-27
|
| Type |
Record
|
| Subtype |
Appendix to Initial Brief
|
| Description |
Appendix to Initial Brief
|
|
| Docket Date |
2024-08-27
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement Record
|
|
| Docket Date |
2024-08-27
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief
|
|
| Docket Date |
2024-08-27
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
|
| Docket Date |
2024-08-07
|
| Type |
Record
|
| Subtype |
Transcript
|
| Description |
Transcript - 2,010 pages
|
| On Behalf Of |
Broward Clerk
|
|
| Docket Date |
2024-07-17
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Record - 1,312 pages
|
| On Behalf Of |
Broward Clerk
|
|
| Docket Date |
2024-07-03
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement Record
|
|
| Docket Date |
2024-06-25
|
| Type |
Recognizing Agreed Extension
|
| Subtype |
Initial Brief
|
| Description |
60 DAYS TO August 27, 2024.
|
|
| Docket Date |
2024-06-25
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension of Time - Initial Brief
|
|
| Docket Date |
2024-06-04
|
| Type |
Record
|
| Subtype |
Exhibits
|
| Description |
See Notice of Electronic Transmission
|
| On Behalf Of |
Broward Clerk
|
|
| Docket Date |
2024-05-31
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal Part 1 pgs 1 - 11,797
|
| On Behalf Of |
Broward Clerk
|
|
| Docket Date |
2024-05-30
|
| Type |
Notice
|
| Subtype |
Notice of Electronic Transmission
|
| Description |
Notice of Electronic Transmission
|
| On Behalf Of |
Broward Clerk
|
|
| Docket Date |
2024-05-29
|
| Type |
Record
|
| Subtype |
Record on Appeal Confidential
|
| Description |
Record on Appeal ***Confidential***-- 246 pages (P. 23153-23306)
|
| On Behalf Of |
Broward Clerk
|
|
| Docket Date |
2024-05-29
|
| Type |
Notice
|
| Subtype |
Notice of Electronic Transmission
|
| Description |
Notice of Electronic Transmission
|
| On Behalf Of |
Broward Clerk
|
|
| Docket Date |
2024-05-21
|
| Type |
Recognizing Agreed Extension
|
| Subtype |
Initial Brief
|
| Description |
30 DAYS TO June 28, 2024.
|
|
| Docket Date |
2024-05-21
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension of Time - Initial Brief
|
| On Behalf Of |
Philip Morris USA, Inc.
|
|
| Docket Date |
2024-04-09
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Cross Notice Filing Fee-295
|
| Description |
Cross-Appeal Filing Fee Paid through Portal
|
| On Behalf Of |
Bernice McCall
|
| View |
View File
|
|
| Docket Date |
2024-04-08
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order on Cross-Appeal Filing Fee
|
| View |
View File
|
|
| Docket Date |
2024-04-04
|
| Type |
Notice
|
| Subtype |
Notice of Cross Appeal
|
| Description |
Notice of Cross Appeal
|
| On Behalf Of |
Broward Clerk
|
|
| Docket Date |
2024-03-25
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Pay Case Filing Fee-300
|
| On Behalf Of |
Philip Morris USA, Inc.
|
| View |
View File
|
|
| Docket Date |
2024-03-25
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order on Filing Fee
|
| View |
View File
|
|
| Docket Date |
2024-03-25
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-03-25
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
|
| Docket Date |
2025-01-06
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Motion for Extension of Time to Serve Answer Brief
|
| On Behalf Of |
Bernice McCall
|
|
| Docket Date |
2025-01-06
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDERED that Appellee's December 30, 2024 motion for extension of time is granted in part and denied in part, and Appellee shall serve the answer brief within ten (10) days from the date of this order. In addition, Appellee is notified that the failure to serve the brief within the time provided herein will foreclose Appellee's right to file a brief or otherwise participate in this appeal, or the court in its discretion may impose other sanctions. Appellee is advised that no further extensions will be granted absent a detailed explanation for why the answer brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant. Attorney workload does not constitute extraordinary circumstances which justifies a further extension of time.
|
| View |
View File
|
|
| Docket Date |
2024-12-30
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Motion for Extension of Time to Serve Answer Brief
|
|
| Docket Date |
2024-12-26
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Bernice McCall
|
|
| Docket Date |
2024-07-03
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
ORDERED that Appellant's July 3, 2024 motion to supplement the record is granted. The material requested in the motion shall be included in the record on appeal. The clerk of the lower tribunal shall prepare and file the supplemental material in this court within ten (10) days from the date of this order. Appellant shall monitor the supplementation process.
|
| View |
View File
|
|
|
|
ELISSA MCLAUGHLIN, et al. Appellant(s) v. RJ REYNOLDS TOBACCO COMPANY, et al., Appellee(s).
|
4D2024-0408
|
2024-02-15
|
Open
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE08-25823
|
Parties
| Name |
Elissa McLaughlin
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Bard Daniel Rockenbach, Jonathan Gdanski, Brittany C. Barron
|
|
| Name |
PHILIP MORRIS USA INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Geoffrey J. Michael, Stacey Elaine Deere, Timothy Eric Congrove, Scott Donald Kaiser, Andrew D. Carpenter
|
|
| Name |
Estate of Sheila Kaplan
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
R.J. REYNOLDS TOBACCO COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Valentin Leppert, Eric L Lundt, Kathryn Stewart Lehman, Stephanie Ethel Parker, John M. Walker, Paul Rudolph Reichert, Patrick Price, Cory Hohnbaum, Robert C L Vaughan
|
|
| Name |
Hon. Jeffrey Richard Levenson
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Broward Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-11-08
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Appellants Phillip Morris USA Inc. and R.J. Reynolds Tobacco Company's Response to Appellee's Notice of Supplemental Authority
|
| On Behalf Of |
Philip Morris USA, Inc.
|
|
| Docket Date |
2024-10-30
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
Elissa McLaughlin
|
|
| Docket Date |
2024-09-14
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Appellants Philip Morris USA Inc. and R.J Reynolds Tobacco Company's Request for Oral Argument
|
|
| Docket Date |
2024-09-03
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Reply Brief
|
| On Behalf Of |
Philip Morris USA, Inc.
|
| View |
View File
|
|
| Docket Date |
2024-08-21
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Motion for Extension of Time to Serve Reply Brief
|
|
| Docket Date |
2024-08-06
|
| Type |
Recognizing Agreed Extension
|
| Subtype |
Reply Brief
|
| Description |
15 Days to 08/22/2024
|
|
| Docket Date |
2024-08-06
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension of Time - Reply Brief
|
| On Behalf Of |
Philip Morris USA, Inc.
|
|
| Docket Date |
2024-07-23
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Appellants' Response to Appellee's Motion for Appellate Attorney's Fees
|
| On Behalf Of |
Philip Morris USA, Inc.
|
|
| Docket Date |
2024-07-08
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Answer Brief
|
| On Behalf Of |
Elissa McLaughlin
|
| View |
View File
|
|
| Docket Date |
2024-07-08
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
|
| Docket Date |
2024-06-07
|
| Type |
Recognizing Agreed Extension
|
| Subtype |
Answer Brief
|
| Description |
30 Days to July 8, 2024
|
|
| Docket Date |
2024-06-07
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension of Time - Answer Brief/Initial Brief on Cross Appeal
|
| On Behalf Of |
Elissa McLaughlin
|
|
| Docket Date |
2024-05-08
|
| Type |
Recognizing Agreed Extension
|
| Subtype |
Initial Brief
|
| Description |
30 Days to June 7, 2024
|
|
| Docket Date |
2024-05-08
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension of Time - Answer Brief/ Initial Brief on Cross Appeal
|
| On Behalf Of |
Elissa McLaughlin
|
|
| Docket Date |
2024-05-03
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal -- 174 pages
|
| On Behalf Of |
Broward Clerk
|
|
| Docket Date |
2024-04-05
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
30 Days to May 8, 2024
|
|
| Docket Date |
2024-04-05
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension of Time - Answer & Initial Brief on Cross Appeal
|
| On Behalf Of |
Elissa McLaughlin
|
|
| Docket Date |
2024-03-12
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice of Substitution of Counsel
|
| On Behalf Of |
Philip Morris USA, Inc.
|
|
| Docket Date |
2024-03-08
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Order on Motion to Supplement Record
|
| View |
View File
|
|
| Docket Date |
2024-03-07
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Appellants' Initial Brief
|
| On Behalf Of |
Philip Morris USA, Inc.
|
|
| Docket Date |
2024-03-07
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement Record
|
|
| Docket Date |
2024-03-07
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief
|
| On Behalf Of |
Philip Morris USA, Inc.
|
| View |
View File
|
|
| Docket Date |
2024-03-01
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
R.J. Reynolds Tobacco Company
|
|
| Docket Date |
2024-02-21
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Philip Morris USA Inc.
|
|
| Docket Date |
2024-02-16
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order on Filing Fee
|
| View |
View File
|
|
| Docket Date |
2024-02-16
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-02-15
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
|
| Docket Date |
2024-11-08
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
This case is set for Oral Argument on January 14, 2025, at 10:30 a.m. for 10 minutes per side, in person at the Fourth District Court of Appeal Courthouse. If a side anticipates more than two attorneys sitting at counsel table during oral argument, it shall contact the Marshal's Office by phone at least two business days before the oral argument session. The court calendars can be viewed on this court's website at 4dca.flcourts.gov. In criminal cases where a victim, as defined in Article I, Section 16(e) of the Florida Constitution, has invoked their right to notice under Article I, Section 16(b)(6) of the Florida Constitution, the State shall provide the victim with notice of this oral argument and of any changes to the scheduled date or time.
|
| View |
View File
|
|
| Docket Date |
2024-08-22
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
ORDERED that Appellants' August 21, 2024 motion for extension of time is granted, and Appellants shall serve the reply brief within ten (10) days from the date of this order. In addition, if the reply 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. Appellants are advised that no further extensions will be granted absent a detailed explanation for why the reply brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant. Attorney workload does not constitute extraordinary circumstances which justifies a further extension of time.
|
| View |
View File
|
|
| Docket Date |
2024-02-23
|
| Type |
Order
|
| Subtype |
Order on Consolidation
|
| Description |
Order on Consolidation
|
| View |
View File
|
|
| Docket Date |
2024-02-21
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Paid Case Filing Fee-300
|
| On Behalf Of |
Elissa McLaughlin
|
| View |
View File
|
|
|
|
R.J. Reynolds Tobacco Company, et al., Appellant(s), v. The Estate of Roberta Eisen, etc., Appellee(s).
|
3D2023-2280
|
2023-12-27
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
08-1460
|
Parties
| Name |
The Estate of Roberta Eisen
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Richard John Diaz, Carlos Rigoberto Salazar, Jr., Ramon Arturo Hernandez, Douglas Fredric Eaton, Carlos Santisteban, Jr., Alejandro Alvarez
|
|
| Name |
Neil Schertzer
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Richard John Diaz, Carlos Rigoberto Salazar, Jr., Ramon Arturo Hernandez, Douglas Fredric Eaton, Carlos Santisteban, Jr., Alejandro Alvarez
|
|
| Name |
Hon. Reemberto Diaz
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
PHILIP MORRIS USA INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Ryan Benjamin Witte, Frank Cruz-Alvarez, Jessica L. Grant, David Michael Menichetti
|
|
| Name |
R.J. REYNOLDS TOBACCO COMPANY
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Amy Lane Hurwitz, Ursula Marie Henninger, Philip Robbins Green, Drew Thompson Bell, William L Durham, II
|
|
Docket Entries
| Docket Date |
2024-04-30
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Whereas the time for compliance with this Court's March 12, 2024, Order has expired, the condensed transcripts remain stricken and shall not be considered by the Court.
|
| View |
View File
|
|
| Docket Date |
2024-03-13
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice of Substitution of Counsel
|
| On Behalf Of |
Philip Morris USA Inc.
|
| View |
View File
|
|
| Docket Date |
2024-09-06
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-09-06
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp. w/o Mandate
|
|
| Docket Date |
2024-09-06
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
IT IS HEREBY ORDERED that Appellants' Notice of Voluntary Dismissal is recognized by the Court, and this appeal from the Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County, Florida, is hereby dismissed.
|
| View |
View File
|
|
| Docket Date |
2024-09-05
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice Voluntary Dismissal
|
| On Behalf Of |
Philip Morris USA Inc.
|
| View |
View File
|
|
| Docket Date |
2024-08-14
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Appellants' Second Status Report
|
| On Behalf Of |
Philip Morris USA Inc.
|
| View |
View File
|
|
| Docket Date |
2024-06-14
|
| Type |
Order
|
| Subtype |
Order re Stay
|
| Description |
Upon consideration of Appellants' Status Report and Response
to the Court's June 5, 2024, Order, the stay entered on March 5, 2024, is
hereby extended an additional sixty (60) days from the date of this Order.
|
| View |
View File
|
|
| Docket Date |
2024-06-07
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Appellant's Status Report and Response to the Court's June 5, 2024 Order
|
| On Behalf Of |
Philip Morris USA Inc.
|
| View |
View File
|
|
| Docket Date |
2024-03-11
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2024-03-05
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Appellants' Unopposed Motion to Stay Appeal is granted, and the appellate proceedings are hereby temporarily stayed pending resolution of the merits judgment.
|
| View |
View File
|
|
| Docket Date |
2024-03-04
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Unopposed Motion To Stay Appeal
|
| On Behalf Of |
Philip Morris USA Inc.
|
|
| Docket Date |
2024-01-08
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Related Case or Issue
|
| On Behalf Of |
Philip Morris USA Inc.
|
|
| Docket Date |
2024-01-03
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Philip Morris USA Inc.
|
| View |
View File
|
|
| Docket Date |
2023-12-29
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Receipt
|
| On Behalf Of |
Philip Morris USA Inc.
|
|
| Docket Date |
2023-12-29
|
| Type |
Event
|
| Subtype |
Fee Satisfied
|
| Description |
Fee Satisfied
|
|
| Docket Date |
2023-12-27
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
This is to notify counsel for appellants that the filing and prosecution of a notice of appeal in this Court is not acceptable without compliance with the Florida Rules of Appellate Procedure. Therefore, this appeal will be dismissed unless the required three hundred dollar ($300.00) fee is paid to the Clerk of the Court on or before January 6, 2024.
|
| View |
View File
|
|
| Docket Date |
2023-12-27
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment of a New Case Letter. The 3DCA $300 filing fee for a notice of appeal is due.
|
| View |
View File
|
|
| Docket Date |
2023-12-27
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal-Related cases: 22-1649 and 12-1114
|
| On Behalf Of |
Philip Morris USA Inc.
|
|
| Docket Date |
2024-06-05
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Pursuant to the time schedule provided in the Florida Rules of Appellate Procedure, the time for filing the initial brief has expired. This cause will be subject to dismissal unless the document referred to is filed within ten (10) days from the date of this Order, or within said time the Court is otherwise notified that this matter is being diligently prosecuted.
|
| View |
View File
|
|
| Docket Date |
2024-03-12
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Upon review of the record/affidavits filed in this case, the Court
has determined that condensed transcripts fail to comply with the
requirements of Florida Rules of Appellate Procedure 9.200(b)(4) and
9.220(c)(4). Any such condensed transcripts filed after January 1, 2019, are
hereby stricken. The responsible party (the party who seeks to have the
transcripts considered by this Court) shall file transcripts that comply with the
Florida Rules of Appellate Procedure within thirty (30) days from the date of
this Order.
|
| View |
View File
|
|
|
|
Philip Morris USA Inc., Appellant v. Elsa Chacon, etc., Appellee.
|
3D2023-2163
|
2023-12-05
|
Open
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
08-102
|
Parties
| Name |
Hon. Jennifer D. Bailey
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Hon. Lourdes Simon
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
PHILIP MORRIS USA INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Geri Elaine Howell, Scott Adam Chesin, Robert C. L. Vaughan, Michael Lawrence Walden, David Michael Menichetti, Michael Evan Rayfield
|
|
| Name |
Elsa Chacon
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Charles Henry Baumberger, Alejandro Alvarez, Michael A. Alvarez, Xavier Antonio Navarro, Jr., Shea Thomas Moxon, Thomas J. Seider, Celene Harrell Humphries, Thomas ArnoldAntoineBeller Burns
|
|
Docket Entries
| Docket Date |
2024-11-13
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Elsa Chacon
|
| View |
View File
|
|
| Docket Date |
2024-11-07
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Appellee's Agreed Motion for Extension of Time to file answer brief is hereby granted to and including December 9, 2024. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.
|
| View |
View File
|
|
| Docket Date |
2024-11-06
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Motion for Extension of Time to Serve Answer Brief
|
| On Behalf Of |
Elsa Chacon
|
| View |
View File
|
|
| Docket Date |
2024-06-24
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time to file AB-120 days to 11/07/2024
|
| On Behalf Of |
Elsa Chacon
|
| View |
View File
|
|
| Docket Date |
2024-06-12
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief
|
| On Behalf Of |
Philip Morris USA Inc.
|
| View |
View File
|
|
| Docket Date |
2024-05-02
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time to File IB-30 days to 06/12/2024
|
| On Behalf Of |
Philip Morris USA Inc.
|
| View |
View File
|
|
| Docket Date |
2024-04-01
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time to File IB- 30 days to 05/13/2024
|
| On Behalf Of |
Philip Morris USA Inc.
|
| View |
View File
|
|
| Docket Date |
2024-03-13
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice of Substitution of Counsel
|
| On Behalf Of |
Philip Morris USA Inc.
|
| View |
View File
|
|
| Docket Date |
2024-03-05
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time to File IB- 30 days to 04/12/2024
|
| On Behalf Of |
Philip Morris USA Inc.
|
| View |
View File
|
|
| Docket Date |
2024-02-26
|
| Type |
Record
|
| Subtype |
Transcript
|
| Description |
Transcript
|
| On Behalf Of |
Miami-Dade Clerk
|
| View |
View File
|
|
| Docket Date |
2024-02-08
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time to File Initial Brief- 30 days to 03/13/2024
|
| On Behalf Of |
Philip Morris USA Inc.
|
| View |
View File
|
|
| Docket Date |
2023-12-20
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Cross Notice Filing Fee-295
|
| Description |
Cross Notice Filing Fee $295 paid through the portal. Batch # 9827371
|
| On Behalf Of |
Elsa Chacon
|
| View |
View File
|
|
| Docket Date |
2023-12-13
|
| Type |
Notice
|
| Subtype |
Notice of Cross Appeal
|
| Description |
Notice of Cross Appeal
|
| On Behalf Of |
Elsa Chacon
|
| View |
View File
|
|
| Docket Date |
2023-12-12
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Elsa Chacon
|
| View |
View File
|
|
| Docket Date |
2023-12-05
|
| Type |
Event
|
| Subtype |
Fee Satisfied
|
| Description |
Fee Satisfied
|
|
| Docket Date |
2023-12-05
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Case Filing Fee $300 paid through the portal. Batch # 9694164
|
| On Behalf Of |
Philip Morris USA Inc.
|
| View |
View File
|
|
| Docket Date |
2023-12-05
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
This is to notify counsel for appellant that the filing and prosecution of a notice of appeal in this Court is not acceptable without compliance with the Florida Rules of Appellate Procedure. Therefore, this appeal will be dismissed unless the required three hundred dollar ($300.00) fee is paid to the Clerk of the Court on or before December 15, 2023.
|
| View |
View File
|
|
| Docket Date |
2023-12-05
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment of a New Case Letter. The 3DCA $300 filing fee for a notice of appeal is due.
|
| View |
View File
|
|
| Docket Date |
2023-12-05
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal-Related case: 16-2330
|
| On Behalf Of |
Philip Morris USA Inc.
|
| View |
View File
|
|
| Docket Date |
2024-12-10
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Appellee's Unopposed Motion for Extension of Time to file answer brief/cross-initial brief is hereby granted to and including January 8, 2025. No further extensions will be allowed.
|
| View |
View File
|
|
| Docket Date |
2025-01-07
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Appellee/Cross-Appellant's Unopposed Motion to Supplement the Record on Appeal and for Extension of Time to File and Answer Brief, filed on January 3, 2025, is granted, and the clerk of the trial court is directed to supplement the record on appeal with the trial exhibits as stated in said Motion. Appellee/Cross-Appellant shall file the answer brief/cross-initial brief and appendix with exhibits within ten (10) days of the filing of the supplemental record.
|
| View |
View File
|
|
| Docket Date |
2025-01-06
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Unopposed Motion to Supplement Record on Appeal and for Extension of Time to File and Serve Answer Brief
|
| On Behalf Of |
Elsa Chacon
|
| View |
View File
|
|
| Docket Date |
2024-12-09
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Motion for Extension of Time to Serve Answer Brief/Cross-Initial Brief
|
| On Behalf Of |
Elsa Chacon
|
| View |
View File
|
|
| Docket Date |
2024-06-12
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Philip Morris USA Inc.
|
| View |
View File
|
|
| Docket Date |
2024-06-12
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
Philip Morris USA Inc.
|
| View |
View File
|
|
| Docket Date |
2023-12-13
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
A notice of cross appeal has been filed in this cause without the required statutory filing fee. Within ten (10) days from the date of this Order, Elsa Chacon shall pay the required fee of two hundred ninety-five dollars ($295.00) to the Clerk of the Court by cash, cashier's check, money order, or electronically through the Florida Courts E-Filing Portal.
|
| View |
View File
|
|
|
|
ADA CARO, as Personal Representative, etc., et al., Appellant(s) v. PHILIP MORRIS USA, INC., Appellee(s).
|
4D2023-2915
|
2023-11-30
|
Open
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE11-010570
|
Parties
| Name |
Ada Caro
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Justin R. Parafinczuk, Jeffrey VanVoorhis Mansell, Bard Daniel Rockenbach, Todd Friedman
|
|
| Name |
Estate of Francisco Caro
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
PHILIP MORRIS USA INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Scott Adam Chesin, Timothy Eric Congrove, Stacey Elaine Deere, David Robbins Swaney, Mary Louise Olson, Joseph M Fasi, II
|
|
| Name |
Fabienne Fahnestock
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Broward Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-02-07
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal Pages 1-133,397
|
| On Behalf Of |
Broward Clerk
|
|
| Docket Date |
2024-02-07
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Ada Caro
|
|
| Docket Date |
2024-02-06
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
30 Days March 8, 2024
|
|
| Docket Date |
2024-02-06
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension of Time - Initial Brief
|
| On Behalf Of |
Ada Caro
|
|
| Docket Date |
2024-10-28
|
| Type |
Order
|
| Subtype |
Order on Motion to Appear Pro Hac Vice
|
| Description |
ORDERED that Mary Louise Olson's October 25, 2024 verified motion for permission to appear pro hac vice is granted, and Mary Louise Olson is permitted to appear in this appeal as counsel for Philip Morris USA, Inc. Mary Louise Olson is advised that this court does not send paper documents to attorneys and she shall register for the Appellate Case Information System ("ACIS") and the Florida Courts E-Filing Portal within five (5) days from the date of this order.
|
| View |
View File
|
|
| Docket Date |
2024-10-25
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Pro Hac Vice Fee-100
|
| Description |
Paid Pro Hac Vice Fee-100
|
| On Behalf Of |
Philip Morris USA, Inc.
|
| View |
View File
|
|
| Docket Date |
2024-10-25
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion to Appear Pro Hac Vice
|
| Description |
Motion to Appear Pro Hac Vice
|
|
| Docket Date |
2024-10-22
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Reply Brief
|
| On Behalf Of |
Ada Caro
|
| View |
View File
|
|
| Docket Date |
2024-10-22
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Motion/Request for Oral Argument
|
|
| Docket Date |
2024-10-04
|
| Type |
Recognizing Agreed Extension
|
| Subtype |
Reply Brief
|
| Description |
15 Days to October 22, 2024
|
|
| Docket Date |
2024-10-04
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension of Time - Reply Brief
|
| On Behalf Of |
Ada Caro
|
|
| Docket Date |
2024-09-06
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Answer Brief
|
| On Behalf Of |
Philip Morris USA, Inc.
|
| View |
View File
|
|
| Docket Date |
2024-08-02
|
| Type |
Recognizing Agreed Extension
|
| Subtype |
Answer Brief
|
| Description |
30 Days to 09/06/2024
|
|
| Docket Date |
2024-08-02
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension of Time - Answer Brief
|
| On Behalf Of |
Philip Morris USA, Inc.
|
|
| Docket Date |
2024-07-01
|
| Type |
Recognizing Agreed Extension
|
| Subtype |
Answer Brief
|
| Description |
30 Days to 08/07/2024
|
|
| Docket Date |
2024-07-01
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension of Time - Answer Brief
|
| On Behalf Of |
Philip Morris USA, Inc.
|
|
| Docket Date |
2024-06-05
|
| Type |
Recognizing Agreed Extension
|
| Subtype |
Answer Brief
|
| Description |
30 Days to 07/08/2024
|
|
| Docket Date |
2024-06-05
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension of Time - Answer Brief
|
| On Behalf Of |
Philip Morris USA, Inc.
|
|
| Docket Date |
2024-05-23
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Opposition to Appellant's Motion for Attorney's Fees
|
| On Behalf Of |
Philip Morris USA, Inc.
|
|
| Docket Date |
2024-05-09
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
ORDERED that Appellant's May 8, 2024 motion to supplement the record is granted, and the record is supplemented to include the material contained in Appellant's May 8, 2024 appendix to initial brief. Said supplemental record is deemed filed as of the date of this order.
|
| View |
View File
|
|
| Docket Date |
2024-05-08
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
|
| Docket Date |
2024-05-08
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief
|
| On Behalf Of |
Ada Caro
|
| View |
View File
|
|
| Docket Date |
2024-05-08
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Motion/Request for Oral Argument
|
|
| Docket Date |
2024-05-08
|
| Type |
Record
|
| Subtype |
Appendix to Initial Brief
|
| Description |
Appendix to Initial Brief
|
| On Behalf Of |
Ada Caro
|
|
| Docket Date |
2024-05-08
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement Record
|
|
| Docket Date |
2024-04-08
|
| Type |
Recognizing Agreed Extension
|
| Subtype |
Initial Brief
|
| Description |
30 Days to 05/08/2024
|
|
| Docket Date |
2024-04-08
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension of Time - Initial Brief
|
| On Behalf Of |
Ada Caro
|
|
| Docket Date |
2024-03-06
|
| Type |
Recognizing Agreed Extension
|
| Subtype |
Initial Brief
|
| Description |
30 Days to 04/08/2024
|
|
| Docket Date |
2024-03-06
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension of Time - Initial Brief
|
| On Behalf Of |
Ada Caro
|
|
| Docket Date |
2024-01-24
|
| Type |
Notice
|
| Subtype |
Notice of Inability
|
| Description |
Notice of Inability to Transmit the Record
|
| On Behalf Of |
Broward Clerk
|
|
| Docket Date |
2023-12-05
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Paid Case Filing Fee-300
|
| On Behalf Of |
Ada Caro
|
| View |
View File
|
|
| Docket Date |
2023-12-04
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order on Filing Fee
|
| View |
View File
|
|
| Docket Date |
2023-12-04
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2023-11-30
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
|
| Docket Date |
2024-11-20
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
This case is set for Oral Argument on Tuesday, January 28, 2025, at 10:30 a.m. for 10 minutes per side, in person at the Fourth District Court of Appeal Courthouse. If a side anticipates more than two attorneys sitting at counsel table during oral argument, it shall contact the Marshal's Office by phone at least two business days before the oral argument session. The court calendars can be viewed on this court's website at 4dca.flcourts.gov. In criminal cases where a victim, as defined in Article I, Section 16(e) of the Florida Constitution, has invoked their right to notice under Article I, Section 16(b)(6) of the Florida Constitution, the State shall provide the victim with notice of this oral argument and of any changes to the scheduled date or time.
|
| View |
View File
|
|
| Docket Date |
2024-02-05
|
| Type |
Order
|
| Subtype |
Order for Clerk to File Status Report on Record
|
| Description |
Upon consideration of the notice of inability to transmit the record filed by the clerk of the lower tribunal on January 24, 2024, it is ORDERED that Appellant shall file a report, within five (5) days from the date of this order, as to the status of the payment for and preparation of the record on appeal.
|
| View |
View File
|
|
|
|
PHILIP MORRIS USA, INC. and R.J. REYNOLDS TOBACCO COMPANY, Appellant(s) v. ELISSA MCLAUGHLIN, as Personal Representative of the ESTATE OF SHEILA KAPLAN, Appellee(s).
|
4D2023-2742
|
2023-11-15
|
Open
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE 08-25823
|
Parties
| Name |
R.J. REYNOLDS TOBACCO COMPANY
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Stephanie Ethel Parker, John Michael Walker, Paul Rudolph Reichert, Eric L Lundt, Patrick Price, Kathryn Stewart Lehman, Cory Hohnbaum, William L Durham, II
|
|
| Name |
Elissa McLaughlin
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Jonathan Gdanski, Brittany C. Barron, Bard Daniel Rockenbach
|
|
| Name |
Estate of Sheila Kaplan
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Jeffrey Richard Levenson
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Broward Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
PHILIP MORRIS USA INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Stacey Elaine Deere, Andrew D. Carpenter, Timothy Eric Congrove, Scott Donald Kaiser, Robert C L Vaughan, David Michael Menichetti
|
|
Docket Entries
| Docket Date |
2024-01-17
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal - **Certified copy**
|
| On Behalf Of |
Broward Clerk
|
|
| Docket Date |
2024-11-08
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Appellants Phillip Morris USA Inc. and R.J. Reynolds Tobacco Company's Response to Appellee's Notice of Supplemental Authority
|
| On Behalf Of |
Philip Morris USA, Inc.
|
|
| Docket Date |
2024-10-30
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
Elissa McLaughlin
|
|
| Docket Date |
2024-09-14
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Appellants Philip Morris USA Inc. and R.J Reynolds Tobacco Company's Request for Oral Argument
|
|
| Docket Date |
2024-09-03
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Reply Brief
|
| On Behalf Of |
Philip Morris USA, Inc.
|
| View |
View File
|
|
| Docket Date |
2024-08-22
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
ORDERED that Appellants' August 21, 2024 motion for extension of time is granted, and Appellants shall serve the reply brief within ten (10) days from the date of this order. In addition, if the reply 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. Appellants are advised that no further extensions will be granted absent a detailed explanation for why the reply brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant. Attorney workload does not constitute extraordinary circumstances which justifies a further extension of time.
|
| View |
View File
|
|
| Docket Date |
2024-08-21
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Motion for Extension of Time to Serve Reply Brief
|
|
| Docket Date |
2024-08-06
|
| Type |
Recognizing Agreed Extension
|
| Subtype |
Reply Brief
|
| Description |
15 Days to 08/22/2024
|
|
| Docket Date |
2024-08-06
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension of Time - Reply Brief
|
| On Behalf Of |
Philip Morris USA, Inc.
|
|
| Docket Date |
2024-07-23
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Appellants' Response to Appellee's Motion for Appellate Attorney's Fees
|
| On Behalf Of |
Philip Morris USA, Inc.
|
|
| Docket Date |
2024-07-08
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Answer Brief
|
| On Behalf Of |
Elissa McLaughlin
|
| View |
View File
|
|
| Docket Date |
2024-07-08
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
|
| Docket Date |
2024-06-07
|
| Type |
Recognizing Agreed Extension
|
| Subtype |
Answer Brief
|
| Description |
30 Days to July 8, 2024
|
|
| Docket Date |
2024-06-07
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension of Time - Answer Brief/Initial Brief on Cross Appeal
|
| On Behalf Of |
Elissa McLaughlin
|
|
| Docket Date |
2024-05-08
|
| Type |
Recognizing Agreed Extension
|
| Subtype |
Initial Brief
|
| Description |
30 Days to June 7, 2024
|
|
| Docket Date |
2024-05-08
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension of Time - Answer Brief/ Initial Brief on Cross Appeal
|
| On Behalf Of |
Elissa McLaughlin
|
|
| Docket Date |
2024-05-03
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal -- 174 pages
|
| On Behalf Of |
Broward Clerk
|
|
| Docket Date |
2024-04-05
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
30 Days to May 8, 2024
|
|
| Docket Date |
2024-04-05
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension of Time - Answer & Initial Brief on Cross Appeal
|
| On Behalf Of |
Elissa McLaughlin
|
|
| Docket Date |
2024-03-12
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice of Substitution of Counsel
|
| On Behalf Of |
Philip Morris USA, Inc.
|
|
| Docket Date |
2024-03-08
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Order on Motion to Supplement Record
|
| View |
View File
|
|
| Docket Date |
2024-03-07
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Appellants' Initial Brief
|
| On Behalf Of |
Philip Morris USA, Inc.
|
|
| Docket Date |
2024-03-07
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement Record
|
|
| Docket Date |
2024-03-07
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief
|
| On Behalf Of |
Philip Morris USA, Inc.
|
| View |
View File
|
|
| Docket Date |
2024-03-01
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
R.J. Reynolds Tobacco Company
|
|
| Docket Date |
2024-02-23
|
| Type |
Order
|
| Subtype |
Order on Consolidation
|
| Description |
Order on Consolidation
|
| View |
View File
|
|
| Docket Date |
2024-02-21
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Related Case or Issue
|
| On Behalf Of |
Philip Morris USA, Inc.
|
|
| Docket Date |
2024-01-31
|
| Type |
Notice
|
| Subtype |
Compliance
|
| Description |
Appellee's Notice of Compliance with this Court's January 5, 2024 Order
|
| On Behalf Of |
Elissa McLaughlin
|
| View |
View File
|
|
| Docket Date |
2024-01-24
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
30 Days to March 7, 2024
|
|
| Docket Date |
2024-01-24
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension of Time - Initial Brief
|
| On Behalf Of |
Philip Morris USA, Inc.
|
|
| Docket Date |
2024-01-04
|
| Type |
Motions Other
|
| Subtype |
Motion To Relinquish Jurisdiction
|
| Description |
Motion To Relinquish Jurisdiction
|
|
| Docket Date |
2023-12-26
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal - 5,107 Pages
|
| On Behalf Of |
Broward Clerk
|
|
| Docket Date |
2023-11-15
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Case Filing Fee Paid through Portal
|
| On Behalf Of |
Philip Morris USA, Inc.
|
| View |
View File
|
|
| Docket Date |
2023-11-15
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2023-11-15
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order on Filing Fee
|
| View |
View File
|
|
| Docket Date |
2023-11-15
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
|
| Docket Date |
2024-11-08
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
This case is set for Oral Argument on January 14, 2025, at 10:30 a.m. for 10 minutes per side, in person at the Fourth District Court of Appeal Courthouse. If a side anticipates more than two attorneys sitting at counsel table during oral argument, it shall contact the Marshal's Office by phone at least two business days before the oral argument session. The court calendars can be viewed on this court's website at 4dca.flcourts.gov. In criminal cases where a victim, as defined in Article I, Section 16(e) of the Florida Constitution, has invoked their right to notice under Article I, Section 16(b)(6) of the Florida Constitution, the State shall provide the victim with notice of this oral argument and of any changes to the scheduled date or time.
|
| View |
View File
|
|
| Docket Date |
2024-01-05
|
| Type |
Order
|
| Subtype |
Order on Motion to Relinquish Jurisdiction
|
| Description |
Order on Motion to Relinquish Jurisdiction
|
| View |
View File
|
|
|
|
DEBORAH NEFF, as Personal Representative, etc., Appellant(s) v. RJ REYNOLDS TOBACCO CO., et al., Appellee(s).
|
4D2023-2321
|
2023-09-27
|
Open
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE07-36745
|
Parties
| Name |
Estate of Dorothy Milinkovich
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Hon. David Alan Haimes
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Broward Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
PHILIP MORRIS USA INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Rachel Lyons Forman, David Michael Menichetti
|
|
| Name |
Engle Progeny Cases Tobacco Litigation
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Deborah Neff
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Thomas J Seider, Jonathan Gdanski, Scott P Schlesinger, Steven Jeffrey Hammer, Brittany C. Barron
|
|
| Name |
RJ Reynolds Tobacco Co.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Cory Hohnbaum, Spencer Miles Diamond, Philip Robbins Green, W Ray Persons, Drew Bell, Patrick Price, Austin A. Evans, Andrew Scott Brenner, Ryan Benjamin Witte, Geri Elaine Howell, Stacey Elaine Deere, Timothy E. Congrove, Cherine Smith Valbrun, Valentin Leppert, William L Durham, II
|
|
Docket Entries
| Docket Date |
2024-11-21
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
|
| Docket Date |
2024-11-21
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Reply Brief
|
| On Behalf Of |
Deborah Neff
|
|
| Docket Date |
2024-10-21
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
ORDERED that appellant's October 16, 2024 unopposed motion for extension of time is granted, and appellant shall serve the reply brief on or before November 20, 2024. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
| View |
View File
|
|
| Docket Date |
2024-10-16
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Motion for Extension of Time to Serve Reply Brief Due to Hurricane
|
|
| Docket Date |
2024-10-04
|
| Type |
Recognizing Agreed Extension
|
| Subtype |
Reply Brief
|
| Description |
15 Days to October 21, 2024
|
|
| Docket Date |
2024-10-04
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension of Time - Reply Brief
|
| On Behalf Of |
Deborah Neff
|
|
| Docket Date |
2024-09-03
|
| Type |
Record
|
| Subtype |
Appendix to Answer Brief
|
| Description |
Appendix to Answer Brief
|
| On Behalf Of |
RJ Reynolds Tobacco Co.
|
|
| Docket Date |
2024-09-03
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Answer Brief
|
| On Behalf Of |
RJ Reynolds Tobacco Co.
|
|
| Docket Date |
2024-08-20
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Motion for Extension of Time to Serve Answer Brief
|
|
| Docket Date |
2024-07-18
|
| Type |
Recognizing Agreed Extension
|
| Subtype |
Answer Brief
|
| Description |
30 Days to 08/21/2024
|
|
| Docket Date |
2024-07-18
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension of Time - Answer Brief
|
| On Behalf Of |
RJ Reynolds Tobacco Co.
|
|
| Docket Date |
2024-06-20
|
| Type |
Recognizing Agreed Extension
|
| Subtype |
Answer Brief
|
| Description |
30 days to 7/21/24
|
|
| Docket Date |
2024-06-20
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension of Time - Answer Brief
|
|
| Docket Date |
2024-05-20
|
| Type |
Recognizing Agreed Extension
|
| Subtype |
Answer Brief
|
| Description |
30 Days to 06/21/2024
|
|
| Docket Date |
2024-05-20
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension of Time - Answer Brief
|
| On Behalf Of |
RJ Reynolds Tobacco Co.
|
|
| Docket Date |
2024-04-24
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
RJ Reynolds Tobacco Co.
|
|
| Docket Date |
2024-04-22
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief
|
| On Behalf Of |
Deborah Neff
|
|
| Docket Date |
2024-04-10
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Motion for Extension of Time to Serve Initial Brief
|
|
| Docket Date |
2024-03-12
|
| Type |
Recognizing Agreed Extension
|
| Subtype |
Initial Brief
|
| Description |
30 Days to 04/12/2024
|
|
| Docket Date |
2024-03-12
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice of Substitution of Counsel
|
| On Behalf Of |
Philip Morris USA, Inc.
|
|
| Docket Date |
2024-02-09
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
30 Days to 03/13/2024
|
|
| Docket Date |
2024-02-09
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension of Time - Initial Brief
|
| On Behalf Of |
Deborah Neff
|
|
| Docket Date |
2024-02-07
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal Pages 1-18,985
|
| On Behalf Of |
Broward Clerk
|
|
| Docket Date |
2024-02-01
|
| Type |
Record
|
| Subtype |
Record on Appeal Confidential
|
| Description |
Record on Appeal **Confidential**
|
| On Behalf Of |
Broward Clerk
|
|
| Docket Date |
2024-02-01
|
| Type |
Notice
|
| Subtype |
Notice of Electronic Transmission
|
| Description |
Notice of Electronic Transmission
|
| On Behalf Of |
Broward Clerk
|
|
| Docket Date |
2024-01-12
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
30 Days to 02/12/2024
|
|
| Docket Date |
2024-01-12
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension of Time - Initial Brief
|
|
| Docket Date |
2024-01-10
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Philip Morris USA, Inc.
|
|
| Docket Date |
2023-12-29
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Response
|
| On Behalf Of |
Broward Clerk
|
| View |
View File
|
|
| Docket Date |
2023-12-22
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORDERED that the clerk of the lower tribunal is directed to reply, within five (5) days from the date of this order, to Appellant's December 21, 2023 response. The clerk of the lower tribunal shall confer with Appellant's counsel prior to filing the reply.
|
| View |
View File
|
|
| Docket Date |
2023-12-21
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Deborah Neff
|
|
| Docket Date |
2023-12-20
|
| Type |
Order
|
| Subtype |
Order for Party to File Status Report on Record
|
| Description |
Upon consideration of the notice of inability to transmit the record filed by the clerk of the lower tribunal on December 11, 2023, it is ORDERED that Appellant shall file a report, within five (5) days from the date of this order, as to the status of the payment for and preparation of the record on appeal.
|
| View |
View File
|
|
| Docket Date |
2023-12-11
|
| Type |
Notice
|
| Subtype |
Notice of Inability
|
| Description |
Notice of Inability to Transmit the Record
|
| On Behalf Of |
Broward Clerk
|
|
| Docket Date |
2023-12-05
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time for Record
|
| Description |
ORDERED that Appellant's December 01, 2023 motion for extension of time is granted, and the time for the clerk of the lower tribunal to transmit the record on appeal is extended thirty (30) days from the date of this order. All other time frames are extended accordingly. See Fla. R. App. P. 9.300(b).
|
| View |
View File
|
|
| Docket Date |
2023-12-01
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time for Record
|
| Description |
Motion for Extension of Time for Record
|
|
| Docket Date |
2023-09-29
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Paid Case Filing Fee-300
|
| On Behalf Of |
Deborah Neff
|
| View |
View File
|
|
| Docket Date |
2023-09-29
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Philip Morris USA, Inc.
|
|
| Docket Date |
2023-09-28
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
|
| Docket Date |
2023-09-28
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order on Filing Fee
|
| View |
View File
|
|
| Docket Date |
2023-09-28
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2025-01-07
|
| Type |
Order
|
| Subtype |
Order Dispensing with Oral Argument
|
| Description |
After reviewing the briefs, the court, pursuant to Florida Rule of Appellate Procedure 9.320, has dispensed with oral argument. The case will be submitted to a conference by a panel of the court.
|
| View |
View File
|
|
| Docket Date |
2024-12-05
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Motion/Request for Oral Argument
|
|
| Docket Date |
2024-12-05
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Appellees' Response to Appellant's Motion for Attorneys' Fees
|
| On Behalf Of |
RJ Reynolds Tobacco Co.
|
|
| Docket Date |
2024-08-21
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDERED that Appellee R.J. Reynolds Tobacco Company's August 20, 2024 motion for extension of time is granted in part, and Appellee shall serve the answer brief within ten (10) days from the date of this order. In addition, Appellee is notified that the failure to serve the brief within the time provided herein will foreclose Appellee's right to file a brief or otherwise participate in this appeal, or the court in its discretion may impose other sanctions. Appellee is advised that no further extensions will be granted absent a detailed explanation for why the answer brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant. Attorney workload does not constitute extraordinary circumstances which justifies a further extension of time.
|
| View |
View File
|
|
| Docket Date |
2024-04-11
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDERED that Appellant's April 10, 2024 motion for extension of time is granted in part, and Appellant shall serve the initial brief within ten (10) days from the current due date. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case will be subject to dismissal or the court in its discretion may impose other sanctions. Appellant is advised that no further extensions will be granted absent a detailed explanation for why the initial brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant. Attorney workload does not constitute extraordinary circumstances which justifies a further extension of time.
|
| View |
View File
|
|
|
|
R.J. REYNOLDS TOBACCO COMPANY and PHILIP MORRIS USA INC., Appellant(s) v. LOURDES JONES, as Personal Representative of the Estate of YOLANDA ALVAREZ, Appellee(s).
|
4D2023-2077
|
2023-08-28
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE11-027049
|
Parties
| Name |
PHILIP MORRIS USA INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Estate of Yolanda Alvarez
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Lourdes Jones
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Brittany C. Barron, Jonathan Gdanski, Bard D. Rockenbach
|
|
| Name |
Hon. Martin J. Bidwill
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
R.J. REYNOLDS TOBACCO COMPANY
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Laselve Harrison, Andrew Beyda, Patrick Price, Joames Philip Cone, Todd Patrick Davis, Ryan Witte, Philip Robbins Green, David M. Menichetti, Cory Hohnbaum
|
|
Docket Entries
| Docket Date |
2024-09-10
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2024-08-21
|
| Type |
Order
|
| Subtype |
Order on Motion to Certify
|
| Description |
ORDERED that Appellant's July 22, 2024 motion to certify to the Supreme Court is denied.
|
| View |
View File
|
|
| Docket Date |
2024-08-21
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-08-06
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE TO MOTION TO CERTIFY A QUESTION OF GREAT PUBLIC IMPORTANCE
AND "CONTINGENT" MOTION TO CERTIFY CONFLICT
|
|
| Docket Date |
2024-07-23
|
| Type |
Record
|
| Subtype |
Appendix to Motion
|
| Description |
APPENDIX TO MOTION FOR CERTIFICATION OF A QUESTION OF GREAT PUBLIC IMPORTANCE AND CONTINGENT MOTION FOR CERTIFICATION OF CONFLICT WITH HARTBAUER V. R.J. REYNOLDS TOBACCO COMPANY
|
|
| Docket Date |
2024-07-23
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion to Certify
|
| Description |
MOTION FOR CERTIFICATION OF A QUESTION OF GREAT PUBLIC IMPORTANCE AND CONTINGENT MOTION FOR CERTIFICATION OF CONFLICT WITH HARTBAUER V. R.J.
REYNOLDS TOBACCO COMPANY
|
| On Behalf Of |
R.J. Reynolds Tobacco Company
|
|
| Docket Date |
2024-07-04
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
MOTION FOR ADDITIONAL EXTENSION OF TIME TO FILE POST-OPINION MOTIONS
|
|
| Docket Date |
2024-06-21
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Order on Motion for Extension of Time
|
| View |
View File
|
|
| Docket Date |
2024-06-19
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
MOTION FOR EXTENSION OF TIME TO FILE POST OPINION MOTIONS
|
|
| Docket Date |
2024-06-05
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order on Motion For Attorney's Fees
|
| View |
View File
|
|
| Docket Date |
2024-06-05
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed
|
| View |
View File
|
|
| Docket Date |
2024-04-17
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Reply Brief
|
| View |
View File
|
|
| Docket Date |
2024-04-17
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Motion/Request for Oral Argument
|
|
| Docket Date |
2024-04-04
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
Order on Motion To Withdraw as Counsel
|
| View |
View File
|
|
| Docket Date |
2024-03-28
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order on Motion for Extension of Time to Serve Reply Brief
|
| View |
View File
|
|
| Docket Date |
2024-03-27
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Motion for Extension of Time to Serve Reply Brief
|
|
| Docket Date |
2024-03-25
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE TO MOTION FOR APPELLATE ATTORNEYS' FEES
|
|
| Docket Date |
2024-03-12
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
NOTICE OF WITHDRAWAL OF COUNSEL AND REQUEST TO BE REMOVED FROM SERVICE LISTS
|
|
| Docket Date |
2024-03-08
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
|
| Docket Date |
2024-02-29
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Answer Brief
|
| On Behalf Of |
Lourdes Jones
|
| View |
View File
|
|
| Docket Date |
2024-02-22
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order on Motion for Extension of Time to Serve Answer Brief
|
| View |
View File
|
|
| Docket Date |
2024-02-21
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Motion for Extension of Time to Serve Answer Brief
|
| On Behalf Of |
Lourdes Jones
|
|
| Docket Date |
2024-01-19
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order on Motion for Extension of Time to Serve Answer Brief
|
| View |
View File
|
|
| Docket Date |
2024-01-13
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Motion for Extension of Time to Serve Answer Brief
|
|
| Docket Date |
2023-12-15
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order on Motion for Extension of Time to Serve Answer Brief
|
| View |
View File
|
|
| Docket Date |
2023-12-15
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Motion for Extension of Time to Serve Answer Brief
|
|
| Docket Date |
2023-11-10
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Motion for Extension of Time to Serve Answer Brief
|
| On Behalf Of |
Lourdes Jones
|
|
| Docket Date |
2023-10-11
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief
|
| On Behalf Of |
R.J. Reynolds Tobacco Company
|
| View |
View File
|
|
| Docket Date |
2023-10-11
|
| Type |
Record
|
| Subtype |
Appendix to Initial Brief
|
| Description |
Appendix to Initial Brief
|
| On Behalf Of |
R.J. Reynolds Tobacco Company
|
|
| Docket Date |
2023-09-01
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
R.J. Reynolds Tobacco Company
|
|
| Docket Date |
2023-09-01
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants' September 1, 2023 motion for extension of time is granted, and appellant shall serve the initial brief on or before October 11, 2023. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2023-09-01
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Lourdes Jones
|
|
| Docket Date |
2023-08-31
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
R.J. Reynolds Tobacco Company
|
|
| Docket Date |
2023-08-28
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
R.J. Reynolds Tobacco Company
|
|
| Docket Date |
2023-08-28
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
R.J. Reynolds Tobacco Company
|
|
| Docket Date |
2023-08-28
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2024-07-09
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
ORDERED that Appellants' July 3, 2024 motion for extension of time is granted and the time in which to file post-opinion motions is extended to and including July 22, 2024.
|
| View |
View File
|
|
| Docket Date |
2023-11-14
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDERED that Appellee's November 09, 2023 motion for extension of time is granted, and Appellee shall serve the answer brief within thirty (30) days from the date of this order. In addition, Appellee is notified that the failure to serve the brief within the time provided herein may foreclose Appellee's right to file a brief or otherwise participate in this appeal.
|
| View |
View File
|
|
| Docket Date |
2023-08-28
|
| 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 required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a lower tribunal clerk's determination of indigent status is filed.
|
|
|
|
R.J. REYNOLDS TOBACCO COMPANY, Appellant(s) v. SANDRA L. MATTSON, as Personal Representative of the ESTATE OF ELEANOR KONZELMAN, Appellee(s).
|
4D2023-1972
|
2023-08-15
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, Indian River County
CACE08-80000
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE0819620 (19)
|
Parties
| Name |
R.J. REYNOLDS TOBACCO COMPANY
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Val Leppert, William L Durham, II
|
|
| Name |
PHILIP MORRIS USA INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Estate of Eleanor Konzelman
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Martin John Bidwill
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Sandra L. Mattson
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Jonathan Anthony Martin, Geri Howelle, Kenneth J. Reilly, Stacey Elaine Deere, Eric Scott Rosen, John S. Mills, Megan M. Egli, Devin A. Moss, John Joseph Uustal
|
|
Docket Entries
| Docket Date |
2024-11-12
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Appellee's Response to Appellant's Motion For A Written Opinion
|
| On Behalf Of |
Sandra L. Mattson
|
|
| Docket Date |
2024-11-01
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Written Opinion
|
| Description |
Motion for Written Opinion
|
|
| Docket Date |
2023-08-16
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
R.J. Reynolds Tobacco Company
|
|
| Docket Date |
2023-08-16
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2024-10-17
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed
|
| View |
View File
|
|
| Docket Date |
2024-08-08
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
|
| Docket Date |
2024-06-17
|
| Type |
Order
|
| Subtype |
Order on Motion For Continuation of Oral Argument
|
| Description |
Order on Motion For Continuation of Oral Argument
|
| View |
View File
|
|
| Docket Date |
2024-06-17
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion For Continuation of Oral Argument
|
| Description |
Appellee's Unopposed Motion for Continuation of Oral Argument
|
|
| Docket Date |
2024-04-16
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Order on Motion/Request for Oral Argument
|
| View |
View File
|
|
| Docket Date |
2024-03-08
|
| Type |
Motion
|
| Subtype |
Request-Oral Argument
|
| Description |
Request for Oral Argument
|
| View |
View File
|
|
| Docket Date |
2024-02-23
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Reply Brief
|
| On Behalf Of |
R.J. Reynolds Tobacco Company
|
| View |
View File
|
|
| Docket Date |
2024-02-19
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order on Motion for Extension of Time to Serve Reply Brief
|
| View |
View File
|
|
| Docket Date |
2024-02-14
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Motion for Extension of Time to Serve Reply Brief
|
|
| Docket Date |
2024-01-31
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
15 Days to February 16, 2024
|
|
| Docket Date |
2024-01-31
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension of Time - Reply Brief
|
| On Behalf Of |
R.J. Reynolds Tobacco Company
|
|
| Docket Date |
2024-01-03
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Sandra L. Mattson
|
|
| Docket Date |
2024-01-03
|
| Type |
Record
|
| Subtype |
Appendix to Answer Brief
|
| Description |
Appendix to Answer Brief
|
| On Behalf Of |
Sandra L. Mattson
|
|
| Docket Date |
2024-01-03
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Answer Brief
|
| On Behalf Of |
Sandra L. Mattson
|
| View |
View File
|
|
| Docket Date |
2023-12-27
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Order on Agreed Extension of Time -- 14 DAYS TO 1/16/24
|
|
| Docket Date |
2023-12-27
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension of Time - Answer Brief
|
|
| Docket Date |
2023-11-23
|
| Type |
Record
|
| Subtype |
Appendix to Initial Brief
|
| Description |
Appendix to Initial Brief
|
| On Behalf Of |
R.J. Reynolds Tobacco Company
|
|
| Docket Date |
2023-11-23
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief
|
| On Behalf Of |
R.J. Reynolds Tobacco Company
|
| View |
View File
|
|
| Docket Date |
2023-11-17
|
| Type |
Record
|
| Subtype |
Transcript
|
| Description |
Transcript -- 3844 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2023-11-17
|
| Type |
Notice
|
| Subtype |
Notice of Electronic Transmission
|
| Description |
Notice of Electronic Transmission
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2023-11-15
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal *CONFIDENTIAL*
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2023-11-08
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
R.J. Reynolds Tobacco Company
|
|
| Docket Date |
2023-11-03
|
| Type |
Order
|
| Subtype |
Order for Party to File Status Report on Record
|
| Description |
Order for Party to File Status Report on Record
|
| View |
View File
|
|
| Docket Date |
2023-10-26
|
| Type |
Order
|
| Subtype |
Order on Motion to Withdraw Filing
|
| Description |
Order on Motion to Withdraw Filing
|
| View |
View File
|
|
| Docket Date |
2023-10-25
|
| Type |
Notice
|
| Subtype |
Notice of Inability
|
| Description |
Notice of Inability
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2023-10-24
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Order on Agreed Extension of Time -- 30 DAYS TO 11/22/23
|
|
| Docket Date |
2023-10-24
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension of Time - Initial Brief
|
| On Behalf Of |
R.J. Reynolds Tobacco Company
|
|
| Docket Date |
2023-10-24
|
| Type |
Motions Other
|
| Subtype |
Motion to Withdraw Filing
|
| Description |
Motion to Withdraw Filing
|
| On Behalf Of |
R.J. Reynolds Tobacco Company
|
|
| Docket Date |
2023-10-23
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Motion for Extension of Time to Serve Initial Brief
|
| On Behalf Of |
R.J. Reynolds Tobacco Company
|
|
| Docket Date |
2023-08-25
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Sandra L. Mattson
|
|
| Docket Date |
2023-08-15
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2023-08-15
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
R.J. Reynolds Tobacco Company
|
|
| Docket Date |
2024-12-04
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2024-12-04
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-11-18
|
| Type |
Order
|
| Subtype |
Order on Motion for Written Opinion
|
| Description |
ORDERED that Appellant's November 1, 2024 motion for written opinion is denied.
|
| View |
View File
|
|
| Docket Date |
2024-10-17
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
ORDERED that Appellee's January 2, 2024 motion for appellate attorney's fees is granted conditioned on the trial court determining that Appellee is entitled to fees under section 768.79, Florida Statutes (2024), and if so, setting 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 motion, including, but not limited to, preparation of a responsive pleading, shall be taken into account in computing the amount of the fee.
|
| View |
View File
|
|
| Docket Date |
2024-07-25
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
This case is set for Oral Argument on October 8, 2024, at 10:00 a.m. for 15 minutes per side, in person at the Fourth District Court of Appeal Courthouse. If a side anticipates more than two attorneys sitting at counsel table during oral argument, it shall contact the Marshal's Office by phone at least two business days before the oral argument session. The court calendars can be viewed on this court's website at 4dca.flcourts.gov. In criminal cases where a victim, as defined in Article I, Section 16(e) of the Florida Constitution, has invoked their right to notice under Article I, Section 16(b)(6) of the Florida Constitution, the State shall provide the victim with notice of this oral argument and of any changes to the scheduled date or time.
|
| View |
View File
|
|
| Docket Date |
2023-08-16
|
| 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 required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a lower tribunal clerk's determination of indigent status is filed.
|
|
|
|
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
|
|
|
|
Philip Morris USA Inc., Appellant(s), v. Barbra Hoffman, etc., Appellee(s).
|
3D2023-0751
|
2023-04-25
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
17-5939
|
Parties
| Name |
Hon. Vivianne del Rio
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Barbra Hoffman
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Philip Maurice Gerson, Celene Harrell Humphries, Edward Schwartz
|
|
| Name |
PHILIP MORRIS USA INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
James W. Lee, Kenneth James Reilly, Jennifer Blues Kenyon, Michael Evan Rayfield, Scott Adam Chesin, Geoffrey Jonathan Michael, David Michael Menichetti
|
|
Docket Entries
| Docket Date |
2023-10-03
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Unopposed Motion to Supplement Appellate Record
|
| On Behalf Of |
Philip Morris USA Inc.
|
|
| Docket Date |
2023-08-18
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time Initial Brief- 30 days to 10/02/23(GRANTED)
|
| On Behalf Of |
Philip Morris USA Inc.
|
|
| Docket Date |
2023-10-03
|
| Type |
Record
|
| Subtype |
Index
|
| Description |
Index to Supplemental Record on Appeal
|
| On Behalf Of |
Philip Morris USA Inc.
|
|
| Docket Date |
2024-05-21
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-05-21
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2024-05-01
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Upon consideration of Appellee's Motion for Appellate Attorneys' Fees, it is ordered that said Motion is conditionally granted, and remanded to the trial court to fix amount, subject to consideration of the proposal for settlement.
EMAS, GORDO and LOBREE, JJ., concur.
|
| View |
View File
|
|
| Docket Date |
2024-05-01
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed
|
| View |
View File
|
|
| Docket Date |
2024-04-22
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Upon consideration, Appellant's Request for Oral Argument is hereby denied.
|
| View |
View File
|
|
| Docket Date |
2024-03-21
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
APPELLANT'S RESPONSE TO APPELLEE'S MOTION FOR APPELLATE ATTORNEYS' FEES
|
| On Behalf Of |
Philip Morris USA Inc.
|
|
| Docket Date |
2024-03-13
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice of Substitution of Counsel
|
| On Behalf Of |
Philip Morris USA Inc.
|
|
| Docket Date |
2024-03-12
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Appellant's Request for Oral Argument
|
| On Behalf Of |
Philip Morris USA Inc.
|
|
| Docket Date |
2024-03-07
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Philip Morris USA Inc.
|
| View |
View File
|
|
| Docket Date |
2024-03-06
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Appellee's Motion For Attorney's Fees
|
| On Behalf Of |
Barbra Hoffman
|
|
| Docket Date |
2024-01-30
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Motion for Extension of Time to Serve Reply Brief-30 days to 3/7/24. (GRANTED)
|
| On Behalf Of |
Philip Morris USA Inc.
|
|
| Docket Date |
2024-01-05
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appeellee's Answer Brief
|
| On Behalf Of |
Barbra Hoffman
|
| View |
View File
|
|
| Docket Date |
2023-12-08
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time Answer Brief- 30 days to 01/10/24 (GRANTED)
|
| On Behalf Of |
Barbra Hoffman
|
|
| Docket Date |
2023-11-01
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time Answer Brief- 30 days to 12/11/23(GRANTED)
|
| On Behalf Of |
Barbra Hoffman
|
|
| Docket Date |
2023-10-10
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Appellant's Unopposed Motion to Supplement the Record, filed on
October 2, 2023, is granted, and the record on appeal is supplemented to include the
transcripts which are contained in the Appendix to the Initial Brief.
Order on Motion to Supplement Record
|
| View |
View File
|
|
| Docket Date |
2023-10-03
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Appellant Initial Brief
|
| On Behalf Of |
Philip Morris USA Inc.
|
| View |
View File
|
|
| Docket Date |
2023-07-11
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Barbra Hoffman
|
|
| Docket Date |
2023-06-29
|
| Type |
Record
|
| Subtype |
Transcript
|
| Description |
Transcripts
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2023-06-26
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
Philip Morris USA Inc.
|
|
| Docket Date |
2023-06-26
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB-30 days to 08/02/2023
|
|
| Docket Date |
2023-05-12
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Philip Morris USA Inc.
|
|
| Docket Date |
2023-05-04
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Philip Morris USA Inc.
|
|
| Docket Date |
2023-04-28
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Philip Morris USA Inc.
|
|
| Docket Date |
2023-04-25
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Philip Morris USA Inc.
|
|
| Docket Date |
2023-04-25
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2023-07-24
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time Initial Brief- 30 days to 09/01/23(GRANTED)
|
| On Behalf Of |
Philip Morris USA Inc.
|
|
| Docket Date |
2023-04-25
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. **The $300 filing fee for an appeal is due.
|
|
| Docket Date |
2023-04-25
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee-civil w/atty (OR14B) ~ This is to notify counsel for Appellant that the filing and prosecution of a notice of appeal in this Court is not acceptable without compliance with the Florida Rules of Appellate Procedure. Therefore, this appeal will be dismissed unless the required three hundred dollar ($300.00) fee is paid to the Clerk of the Court on or before May 5, 2023.
|
|
|
|
Estate of Hosey Anderson, Sarah Anderson, Appellant(s) v. R.J. Reynolds Tobacco Company, Philip Morris USA Inc., Appellee(s).
|
1D2023-0058
|
2023-01-09
|
Open
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
1st District Court of Appeal
|
| Originating Court |
Circuit Court for the Second Judicial Circuit, Gadsden County
2020 CA 000757
|
Parties
| Name |
Estate of Hosey Anderson
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
PHILIP MORRIS USA INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Laura Kathleen Whitmore, Hassia Diolombi, Stacey E. Deere, Melissa M. Plunkett, William P. Geraghty, David Michael Menichetti
|
|
| Name |
Hon. David Michael Frank
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Gadsden Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Sarah Anderson
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Carlos Santisteban Jr., Richard John Diaz, Carlos Salazar, Jonathan B. Harris, Robert Dewitt Trammell, Bard D. Rockenbach
|
|
| Name |
R.J. REYNOLDS TOBACCO COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Scott A Chesin, Simon Hansen, Jack Williams, Jr., Hassia Diolombi, John M. Walker, Laura Kathleen Whitmore, Brian Charles Lea, Stephanie E. Parker, Edward M. Carter, Larry Hill, Stacey E. Deere, Troy Allen Fuhrman, Charles F. Beall Jr., Marie A. Borland, Jacqueline M. Pasek, William P. Geraghty, Emily C. Baker, Melissa M. Plunkett
|
|
Docket Entries
| Docket Date |
2024-06-18
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Order on Motion/Request for Oral Argument
|
| View |
View File
|
|
| Docket Date |
2023-12-18
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time - RB/cross AB 30 days 01/17/24
|
| On Behalf Of |
Sarah Anderson
|
|
| Docket Date |
2023-11-17
|
| Type |
Record
|
| Subtype |
Appendix to Answer Brief
|
| Description |
Appendix to Answer Brief
|
| On Behalf Of |
R.J. Reynolds Tobacco Company
|
|
| Docket Date |
2023-05-18
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order on Motion for Extension of Time to Serve Initial Brief
|
| View |
View File
|
|
| Docket Date |
2023-01-12
|
| Type |
Order
|
| Subtype |
Order to Register/Update eDCA
|
| Description |
Acknowledgment of Service List ~ The Notices of Appearances and Notices of Designation of Email Addresses filed by counsel for the Appellees, Philip Morris USA Inc., and R.J. Reynolds Tobacco Company on January 11, 2023, providing e-mail addresses, is acknowledged. However, in addition to filing such notice, counsel of record are responsible for ensuring their primary and/or secondary e-mail addresses under their profile in the Florida Courts E-Filing Portal and eDCA are consistent with the filed notice in order to receive e-mailed notification (Casemail) from the court. Profiles for eDCA users may be updated by clicking on the “My Profile” link and clicking the “Submit” button after making the desired changes.
|
|
| Docket Date |
2023-01-11
|
| Type |
Order
|
| Subtype |
Order to Register/Update eDCA
|
| Description |
Acknowledgment of Service List ~ The Notice of Appearance and Designation of Email Addresses filed by counsel for the Appellee, Philip Morris USA Inc., on January 10, 2023, providing e-mail addresses, is acknowledged. However, in addition to filing such notice, counsel of record are responsible for ensuring their primary and/or secondary e-mail addresses under their profile in the Florida Courts E-Filing Portal and eDCA are consistent with the filed notice in order to receive e-mailed notification (Casemail) from the court. Profiles for eDCA users may be updated by clicking on the “My Profile” link and clicking the “Submit” button after making the desired changes.
|
|
| Docket Date |
2024-04-30
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Motion for Attorney Fees
|
| On Behalf Of |
Philip Morris USA Inc.
|
|
| Docket Date |
2024-04-18
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Motion/Request for Oral Argument
|
| On Behalf Of |
Sarah Anderson
|
|
| Docket Date |
2024-04-16
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Sarah Anderson
|
|
| Docket Date |
2024-03-18
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Reply Brief
|
| On Behalf Of |
Sarah Anderson
|
| View |
View File
|
|
| Docket Date |
2024-03-15
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
Order on Motion To Withdraw as Counsel
|
| View |
View File
|
|
| Docket Date |
2024-03-13
|
| Type |
Notice
|
| Subtype |
Counsel Substitution
|
| Description |
Notice of Counsel Substitution
|
| On Behalf Of |
Philip Morris USA Inc.
|
| View |
View File
|
|
| Docket Date |
2024-02-15
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time - RB/cross AB 30 days 3/17/24
|
| On Behalf Of |
Sarah Anderson
|
|
| Docket Date |
2024-01-16
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time - RB/cross AB 30 days 02/16/24
|
| On Behalf Of |
Sarah Anderson
|
|
| Docket Date |
2023-11-17
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Answer Brief
|
| On Behalf Of |
R.J. Reynolds Tobacco Company
|
| View |
View File
|
|
| Docket Date |
2023-10-10
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time for Philip Morris USA Inc - AB 60 days/ 12/18/23
|
| On Behalf Of |
Philip Morris USA Inc.
|
|
| Docket Date |
2023-09-07
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time for Philip Morris USA Inc- AB 30 days/ AB 10/18/23
|
| On Behalf Of |
Philip Morris USA Inc.
|
|
| Docket Date |
2023-08-19
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief
|
| On Behalf Of |
Sarah Anderson
|
| View |
View File
|
|
| Docket Date |
2023-08-19
|
| Type |
Notice
|
| Subtype |
Notice of Change of Address
|
| Description |
Notice of Change of Address- effective 08/25/23
|
| On Behalf Of |
Sarah Anderson
|
|
| Docket Date |
2023-08-11
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Order on Motion for Extension of Time
|
| View |
View File
|
|
| Docket Date |
2023-08-03
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Motion for Extension of Time to Serve Initial Brief
|
| On Behalf Of |
Sarah Anderson
|
|
| Docket Date |
2023-07-03
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time - IB 30 days/IB 30 days 8/4/23
|
| On Behalf Of |
Sarah Anderson
|
|
| Docket Date |
2023-06-05
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension of Time - Initial Brief 30 days/IB 30 days 7/5/23
|
| On Behalf Of |
Sarah Anderson
|
|
| Docket Date |
2023-05-16
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Motion for Extension of Time to Serve Initial Brief
|
| On Behalf Of |
Sarah Anderson
|
|
| Docket Date |
2023-05-16
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Filing
|
| View |
View File
|
|
| Docket Date |
2023-05-09
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
IB 30 days
|
| On Behalf Of |
Sarah Anderson
|
| View |
View File
|
|
| Docket Date |
2023-03-31
|
| Type |
Record
|
| Subtype |
Transcript
|
| Description |
Transcript
|
| On Behalf Of |
Gadsden Clerk
|
|
| Docket Date |
2023-03-28
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time for Record
|
| Description |
Order on Motion for Extension of Time for Record
|
| View |
View File
|
|
| Docket Date |
2023-03-21
|
| Type |
Record
|
| Subtype |
Exhibits
|
| Description |
Exhibits ( 1 brown env. 2 CD/DVD's)
|
|
| Docket Date |
2023-03-10
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time for Record
|
| Description |
Motion for Extension of Time for Record
|
| On Behalf Of |
Sarah Anderson
|
|
| Docket Date |
2023-01-30
|
| Type |
Misc. Events
|
| Subtype |
Docketing Statement
|
| Description |
Docketing Statement
|
| On Behalf Of |
Sarah Anderson
|
|
| Docket Date |
2023-01-27
|
| Type |
Misc. Events
|
| Subtype |
Cross-Notice Filing Fee Paid through Portal
|
| Description |
CROSS NOTICE FILING FEE PAID THROUGH PORTAL
|
|
| Docket Date |
2023-01-20
|
| Type |
Notice
|
| Subtype |
Notice of Cross Appeal
|
| Description |
Notice of Cross Appeal ~ for R.J. Reynolds and Philip Morris USA
|
| On Behalf Of |
Philip Morris USA Inc.
|
|
| Docket Date |
2023-01-13
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
CASE FILING FEE PAID THROUGH PORTAL
|
| On Behalf Of |
Sarah Anderson
|
|
| Docket Date |
2023-01-10
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Notice of Appeal / Acknowledgement letter ~ Notice of Appeal from the lower tribunal reflecting a filing date of January 6, 2023.
|
|
| Docket Date |
2023-01-10
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ and designation of email address
|
| On Behalf Of |
R.J. Reynolds Tobacco Company
|
|
| Docket Date |
2023-01-09
|
| Type |
Notice
|
| Subtype |
Notice of Appeal Transmittal Form
|
| Description |
Notice of Appeal Transmittal Form
|
| On Behalf Of |
Gadsden Clerk
|
|
| Docket Date |
2023-01-09
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2023-01-11
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ and designation of email address
|
| On Behalf Of |
R.J. Reynolds Tobacco Company
|
|
|
|
Philip Morris USA Inc., Appellant(s), v. Odaima Garcia, etc., et al., Appellee(s).
|
3D2023-0032
|
2023-01-06
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
07-45267
|
Parties
| Name |
PHILIP MORRIS USA INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Geoffrey Jonathan Michael, Scott Adam Chesin, James D. Gardner, Frank Cruz-Alvarez, Robert C. L. Vaughan, Rachel Lyons Forman
|
|
| Name |
ODAIMA GARCIA
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Bard Daniel Rockenbach, Stephen E. Austin Carr, Justin R. Parafinczuk, Jose Manuel Menendez, Jeffrey V. Mansell
|
|
| Name |
Hon. Reemberto Diaz
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-12-11
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-12-11
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2023-11-15
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Upon consideration of Appellee's Amended Motion for Appellate Attorneys' Fees, it is ordered that said Motion is granted, and the matter is remanded to the trial court for determination of the amount.
SCALES, HENDON and MILLER, JJ., concur.
|
| View |
View File
|
|
| Docket Date |
2023-11-15
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed
|
| View |
View File
|
|
| Docket Date |
2023-09-13
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Order on Motion/Request for Oral Argument
|
| View |
View File
|
|
| Docket Date |
2023-08-22
|
| Type |
Notice
|
| Subtype |
Notice of Change of Address
|
| Description |
Notice of Change of Address
|
| On Behalf Of |
ODAIMA GARCIA
|
|
| Docket Date |
2023-06-22
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Motion For Oral Argument
|
| On Behalf Of |
Philip Morris USA Inc.
|
|
| Docket Date |
2023-06-16
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Philip Morris USA Inc.
|
|
| Docket Date |
2023-06-16
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ To Reply Brief
|
| On Behalf Of |
Philip Morris USA Inc.
|
|
| Docket Date |
2023-05-19
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Mot to Supplement Rec w/attachment Granted (OG13) ~ Appellee’s Motion to Supplement the Record on Appeal, filed on May 17, 2023, is granted, and the record on appeal is supplemented to include the transcript that is contained in the Appendix to the Answer Brief.
|
|
| Docket Date |
2023-05-17
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
ODAIMA GARCIA
|
|
| Docket Date |
2023-05-17
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
ODAIMA GARCIA
|
|
| Docket Date |
2023-05-17
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ APPENDIX TO ANSWER BRIEF OF APPELLEES
|
| On Behalf Of |
ODAIMA GARCIA
|
|
| Docket Date |
2023-05-17
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement the Record
|
| On Behalf Of |
ODAIMA GARCIA
|
|
| Docket Date |
2023-04-19
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Mot to Supplement Rec w/attachment Granted (OG13) ~ Appellant’s Unopposed Motion to Supplement the Record, filed on April 17, 2023, is granted, and the record on appeal is supplemented to include the transcripts that are filed separately.
|
|
| Docket Date |
2023-04-17
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Philip Morris USA Inc.
|
|
| Docket Date |
2023-04-17
|
| Type |
Record
|
| Subtype |
Index
|
| Description |
Index ~ INDEX TO SUPPLEMENTAL RECORD ON APPEAL
|
| On Behalf Of |
Philip Morris USA Inc.
|
|
| Docket Date |
2023-04-17
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement the Record ~ UNOPPOSED MOTION TO SUPPLEMENT APPELLATE RECORD
|
| On Behalf Of |
Philip Morris USA Inc.
|
|
| Docket Date |
2023-03-27
|
| Type |
Record
|
| Subtype |
Transcript
|
| Description |
Transcripts
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2023-03-20
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE TO AMENDED MOTION FOR APPELLATE ATTORNEYS' FEES
|
| On Behalf Of |
Philip Morris USA Inc.
|
|
| Docket Date |
2023-03-03
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ AMENDED MOTION FOR APPELLATE ATTORNEYS' FEES
|
| On Behalf Of |
ODAIMA GARCIA
|
|
| Docket Date |
2023-02-21
|
| Type |
Order
|
| Subtype |
Order on Motion For Clarification
|
| Description |
Grant Clarification (OG54) ~ Upon consideration, Appellant's Motion for Clarification is hereby granted. The extension of time granted by this Court’s Order of February 15, 2023, shall be to Monday, April 17, 2023.
|
|
| Docket Date |
2023-02-21
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
ODAIMA GARCIA
|
|
| Docket Date |
2023-02-16
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Clarification
|
| Description |
Motion For Clarification ~ MOTION FOR CLARIFICATION OF THE COURT'S ORDER GRANTING DEFENDANT/APPELLANT AN EXTENSION OF TIME TO FILE THE INITIAL BRIEF
|
| On Behalf Of |
Philip Morris USA Inc.
|
|
| Docket Date |
2023-02-15
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER (OR999) ~ The Reply in Support of the Motion for Extension of Time to File the initial brief is stricken as unauthorized. See Lurie v. Auto-Owners Ins. Co., 605 So. 2d 1023, 1025 (Fla. 1st DCA 1992) (citing Fla. R. App. P. 9.300(a)) ("[T]he Florida Rules of Appellate Procedure do not authorize a reply to a response to a motion . . . and such unauthorized pleadings are ordinarily ignored or sua sponte stricken by this court.") (internal citations omitted). FERNANDEZ, C.J., and LOGUE and LINDSEY, JJ., concur. Upon consideration, Appellant's Motion for Extension of Time to File the initial brief is granted to and including thirty (30) days from the date of this Order. Should Appellant request an additional extension of time, Appellant must articulate a significant basis justifying the need for such additional extension. Failure to adequately support any basis for an additional extension of time may result in an order requiring the appellant to file the initial brief within ten (10) days, with no further extensions allowed.
|
|
| Docket Date |
2023-02-14
|
| Type |
Response
|
| Subtype |
Reply
|
| Description |
REPLY ~ REPLY IN SUPPORT OF MOTION FOR EXTENSION OF TIME TO FILE AND SERVE DEFENDANT/APPELLANT'S INITIAL BRIEF
|
| On Behalf Of |
Philip Morris USA Inc.
|
|
| Docket Date |
2023-02-13
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
Philip Morris USA Inc.
|
|
| Docket Date |
2023-02-13
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLEE'S RESPONSE TO APPELLANT'SMOTION FOR EXTENSION OF TIME
|
| On Behalf Of |
ODAIMA GARCIA
|
|
| Docket Date |
2023-01-13
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Philip Morris USA Inc.
|
|
| Docket Date |
2023-01-11
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Philip Morris USA Inc.
|
|
| Docket Date |
2023-01-11
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Philip Morris USA Inc.
|
|
| Docket Date |
2023-01-06
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee-civil w/atty (OR14B) ~ This is to notify counsel for Appellant that the filing and prosecution of a notice of appeal in this Court is not acceptable without compliance with the Florida Rules of Appellate Procedure. Therefore, this appeal will be dismissed unless the required three hundred dollar ($300.00) fee is paid to the Clerk of the Court on or before January 16, 2023.
|
|
| Docket Date |
2023-01-06
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2023-01-06
|
| Type |
Notice
|
| Subtype |
Notice of Appeal Transmittal Form
|
| Description |
Notice of Transmittal--NOA
|
| On Behalf Of |
ODAIMA GARCIA
|
|
| Docket Date |
2023-01-06
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. **The $300 filing fee for an appeal is due.
|
|
|
|
EDWARD ALAN MENDEZ, etc., VS PHILIP MORRIS USA INC., et al.,
|
3D2022-1881
|
2022-11-02
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
18-42377
|
Parties
| Name |
EDWARD ALAN MENDEZ
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
PHILLIP E. HOLDEN, ALEX ALVAREZ, MICHAEL A. ALVAREZ, Ryan C. Tyler, Kimberly L. Boldt
|
|
| Name |
R.J. REYNOLDS TOBACCO COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Barbara Areces
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
PHILIP MORRIS USA INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
W. RANDALL BASSETT, Frank Cruz-Alvarez, KATHRYN S. LEHMAN, Amy Lane Hurwitz, RACHEL L. FORMAN, SPENCER M. DIAMOND, SERGIO ALEJANDRO GALVAN, Val Leppert, RYAN T. KEARNEY, BRUCE R. TEPIKIAN, CHRISTOPHER P. NEASE, William L. Durham, II, GEOFFREY J. MICHAEL, Ursula M. Henninger
|
|
Docket Entries
| Docket Date |
2023-03-07
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2023-03-07
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-03-07
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Stipulation of Dismissal (DA11J) ~ IT IS HEREBY ORDERED that the parties’ Joint Stipulation for Dismissal of Appeal and Cross-Appeal is recognized by the Court, and this appeal and cross-appeal from the Circuit Court for Miami-Dade County, Florida, are hereby dismissed.
|
|
| Docket Date |
2023-03-07
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2023-02-01
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
EDWARD ALAN MENDEZ
|
|
| Docket Date |
2023-02-01
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB-30 days to 03/10/2023
|
|
| Docket Date |
2023-01-09
|
| Type |
Record
|
| Subtype |
Transcript
|
| Description |
Transcripts
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2023-01-03
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB-30 days to 2/08/2023
|
|
| Docket Date |
2023-01-03
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
EDWARD ALAN MENDEZ
|
|
| Docket Date |
2022-11-29
|
| Type |
Misc. Events
|
| Subtype |
Cross-Notice Filing Fee Paid through Portal
|
| Description |
CROSS NOTICE FILING FEE PAID THROUGH PORTAL
|
| On Behalf Of |
PHILIP MORRIS USA INC.
|
|
| Docket Date |
2022-11-28
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Pay Filing Fee on Cr-app,joinders,intervene(OR14K) ~ A notice of cross-appeal has been filed in this cause without the required statutory filing fee. Within ten (10) days from the date of this Order, the cross-appellants/appellees shall pay the required two hundred ninety-five dollar ($295.00) fee to the Clerk of the Court by cash, cashier’s check, money order, or electronically through the Florida Courts E-Filing Portal.
|
|
| Docket Date |
2022-11-23
|
| Type |
Notice
|
| Subtype |
Notice of Cross Appeal
|
| Description |
Notice of Cross Appeal
|
| On Behalf Of |
PHILIP MORRIS USA INC.
|
|
| Docket Date |
2022-11-16
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Order Discharged (OR02) ~ Appellant’s Response to the Order to Show Cause is noted. The Rule to Show Cause issued by this Court on November 10, 2022, is hereby discharged. The Amended Notice of Appeal is deemed filed.
|
|
| Docket Date |
2022-11-15
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal
|
| On Behalf Of |
EDWARD ALAN MENDEZ
|
|
| Docket Date |
2022-11-14
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANT'S RESPONSE TO ORDER TO SHOW CAUSE
|
| On Behalf Of |
EDWARD ALAN MENDEZ
|
|
| Docket Date |
2022-11-14
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ APPENDIX TO RESPONSE TO ORDER TO SHOW CAUSE
|
| On Behalf Of |
EDWARD ALAN MENDEZ
|
|
| Docket Date |
2022-11-14
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
EDWARD ALAN MENDEZ
|
|
| Docket Date |
2022-11-10
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Why App. Sldn't Be Dism Untimely(OR12C) ~ Appellant is ordered to show cause, within ten (10) days from the date of this Order, as to why this appeal should not be dismissed as untimely, given that the appellant, on October 28, 2022, appealed an order rendered on September 23, 2022.
|
|
| Docket Date |
2022-11-02
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee-civil w/atty (OR14B) ~ This is to notify counsel for Appellant that the filing and prosecution of a notice of appeal in this Court is not acceptable without compliance with the Florida Rules of Appellate Procedure. Therefore, this appeal will be dismissed unless the required three hundred dollar ($300.00) fee is paid to the Clerk of the Court on or before
|
|
| Docket Date |
2022-11-02
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
EDWARD ALAN MENDEZ
|
|
| Docket Date |
2022-11-02
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case letter with attachments. The 3DCA $300 filing fee for a notice of appeal is due.
|
|
| Docket Date |
2022-11-02
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2023-03-01
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal ~ JOINT STIPULATION FOR DISMISSAL OF APPEAL AND CROSS-APPEAL
|
| On Behalf Of |
PHILIP MORRIS USA INC.
|
|
| Docket Date |
2023-01-13
|
| Type |
Order
|
| Subtype |
Order to Transmit Record/Supplemental Record on Appeal
|
| Description |
Non-Conforming Transcript Stricken ~ Upon review of the record/affidavits filed in this case, the Courthas determined that condensed transcripts fail to comply with therequirements of Florida Rules of Appellate Procedure 9.200(b)(4) and9.220(c)(4). Any such condensed transcripts filed after January 1, 2019,are hereby stricken. The responsible party (the party who seeks to havethe transcripts considered by this Court) shall file transcripts that complywith the Florida Rules of Appellate Procedure within thirty (30) days fromthe date of this Order.
|
|
|
|
R.J. Reynolds Tobacco Company, et al., Appellant(s), v. Lauren Levine, etc., Appellee(s).
|
3D2022-1803
|
2022-10-21
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
16-29336
|
Parties
| Name |
R.J. REYNOLDS TOBACCO COMPANY
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
William L. Durham, II, SPENCER M. DIAMOND, Ursula Marie Henninger, PATRICK PRICE, Amy Lane Hurwitz, TODD P. DAVIS, Drew Thompson Bell
|
|
| Name |
PHILIP MORRIS USA INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Melissa Nicole Madsen, Scott Adam Chesin, Michael Evan Rayfield, Frank Cruz-Alvarez, David Michael Menichetti, James D. Gardner, Brian Alan Jackson
|
|
| Name |
LAUREN LEVINE
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Theron Hardee Bass, III, Bard Daniel Rockenbach, LAURIE J. BRIGGS, LINDSAY MARIE REINHART, Alejandro Alvarez, WILLIAM J. WICHMANN
|
|
| Name |
Hon. Jennifer D. Bailey
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Hon. Lourdes Simon
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-12-11
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Motion for Extension of Time to Serve Reply Brief
|
| On Behalf Of |
Philip Morris USA Inc.
|
|
| Docket Date |
2023-11-15
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Order on Motion for Extension of Time-RB-30 days to 12/20/23.
|
| View |
View File
|
|
| Docket Date |
2023-01-09
|
| Type |
Order
|
| Subtype |
Order to Transmit Record/Supplemental Record on Appeal
|
| Description |
Non-Conforming Transcript Stricken ~ Upon review of the record/affidavits filed in this case, the Courthas determined that condensed transcripts fail to comply with therequirements of Florida Rules of Appellate Procedure 9.200(b)(4) and9.220(c)(4). Any such condensed transcripts filed after January 1, 2019,are hereby stricken. The responsible party (the party who seeks to havethe transcripts considered by this Court) shall file transcripts that complywith the Florida Rules of Appellate Procedure within thirty (30) days fromthe date of this Order.
|
|
| Docket Date |
2022-10-21
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
R.J. Reynolds Tobacco Company
|
|
| Docket Date |
2024-05-07
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2024-04-17
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Upon consideration of Appellee's Motion for Appellate Attorneys' Fees, it is ordered that said Motion is granted and remanded.
FERNANDEZ, MILLER and LOBREE, JJ., concur.
|
| View |
View File
|
|
| Docket Date |
2024-04-17
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed
|
| View |
View File
|
|
| Docket Date |
2024-03-27
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Upon consideration, Appellants' Request for Oral Argument is hereby denied.
|
| View |
View File
|
|
| Docket Date |
2024-03-13
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice of Substitution of Counsel
|
| On Behalf Of |
Philip Morris USA Inc.
|
|
| Docket Date |
2024-01-30
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
Philip Morris USA Inc.
|
|
| Docket Date |
2024-01-19
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Philip Morris USA Inc.
|
| View |
View File
|
|
| Docket Date |
2023-12-13
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Appellants' Motion for an Extension of Time to File the Reply Brief is granted to and including January 19, 2024. No further extensions of time will be allowed.
|
| View |
View File
|
|
| Docket Date |
2023-11-14
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Motion for Extension of Time to Serve Reply Brief
|
| On Behalf Of |
Philip Morris USA Inc.
|
|
| Docket Date |
2023-11-06
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Motion for Attorney's Fees
|
| On Behalf Of |
Philip Morris USA Inc.
|
|
| Docket Date |
2023-10-20
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
LAUREN LEVINE
|
|
| Docket Date |
2023-10-19
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Answer Brief of Appellee
|
| On Behalf Of |
LAUREN LEVINE
|
| View |
View File
|
|
| Docket Date |
2023-09-19
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Order on Agreed Extension of Time-AB/ Cross- IB - 30 days to 10/19/2023.
|
| On Behalf Of |
LAUREN LEVINE
|
| View |
View File
|
|
| Docket Date |
2023-09-19
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
LAUREN LEVINE
|
|
| Docket Date |
2023-08-18
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
R.J. Reynolds Tobacco Company
|
|
| Docket Date |
2023-08-18
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| 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 |
LAUREN LEVINE
|
|
| Docket Date |
2023-07-07
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Ext-gr initial brief no further extensions (OG03B) ~ Appellants’ Motion for Extension of Time to File the Initial Brief is granted to and including August 18, 2023. Appellants are cautioned that no further extensions will be granted absent extraordinary circumstances. If said brief is not timely filed in accordance with this Order, the appeal will be subject to dismissal.
|
|
| Docket Date |
2023-07-03
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
R.J. Reynolds Tobacco Company
|
|
| Docket Date |
2023-06-06
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB-30 days to 07/19/2023
|
|
| Docket Date |
2023-06-06
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
LAUREN LEVINE
|
|
| Docket Date |
2023-05-09
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
R.J. Reynolds Tobacco Company
|
|
| Docket Date |
2023-05-08
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB-30 days to 06/19/2023
|
|
| Docket Date |
2023-05-08
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
LAUREN LEVINE
|
|
| Docket Date |
2023-04-18
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB-30 days to 05/19/2023
|
|
| Docket Date |
2023-04-17
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
LAUREN LEVINE
|
|
| Docket Date |
2023-02-23
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
R.J. Reynolds Tobacco Company
|
|
| Docket Date |
2023-02-22
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB- 30 days to 4/19/2023
|
|
| Docket Date |
2023-02-21
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
LAUREN LEVINE
|
|
| Docket Date |
2023-02-09
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2023-02-08
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Clerk Ordered to Supplement Record (OG13A) ~ Appellee/Cross-Appellant's Motion to Supplement the Record on Appeal, filed on February 7, 2023, is granted, and the clerk of the trial court is directed to supplement the record on appeal with the transcript as stated in said Motion, within twenty (20) days from the date of this Order.
|
|
| Docket Date |
2023-02-07
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement the Record
|
| On Behalf Of |
LAUREN LEVINE
|
|
| Docket Date |
2023-01-11
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
R.J. Reynolds Tobacco Company
|
|
| Docket Date |
2023-01-05
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2022-12-19
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ NOTICE OF RENDITION OF FINAL ORDER
|
| On Behalf Of |
LAUREN LEVINE
|
|
| Docket Date |
2022-11-03
|
| Type |
Notice
|
| Subtype |
Notice of Cross Appeal
|
| Description |
Notice of Cross Appeal
|
| On Behalf Of |
LAUREN LEVINE
|
|
| Docket Date |
2022-11-03
|
| Type |
Misc. Events
|
| Subtype |
Cross-Notice Filing Fee Paid through Portal
|
| Description |
CROSS NOTICE FILING FEE PAID THROUGH PORTAL
|
| On Behalf Of |
LAUREN LEVINE
|
|
| Docket Date |
2022-11-03
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Pay Filing Fee on Cr-app,joinders,intervene(OR14K) ~ A notice of cross-appeal has been filed in this cause without the required statutory filing fee. Within ten (10) days from the date of this Order, Lauren Levine shall pay the required two hundred ninety-five dollar ($295.00) fee to the Clerk of the Court by cash, cashier’s check, money order, or electronically through the Florida Courts E-Filing Portal.
|
|
| Docket Date |
2022-10-24
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
LAUREN LEVINE
|
|
| Docket Date |
2022-10-21
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
R.J. Reynolds Tobacco Company
|
|
| Docket Date |
2022-10-21
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case letter with attachments. The 3DCA $300 filing fee for a notice of appeal is due.
|
|
| Docket Date |
2022-10-21
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee-civil w/atty (OR14B) ~ This is to notify counsel for Appellants that the filing and prosecution of a notice of appeal in this Court is not acceptable without compliance with the Florida Rules of Appellate Procedure. Therefore, this appeal will be dismissed unless the required three hundred dollar ($300.00) fee is paid to the Clerk of the Court on or before October 31, 2022.
|
|
|
|
Philip Morris USA Inc., et al., Appellant(s), v. The Estate of Roberta Eisen, etc., Appellee(s).
|
3D2022-1649
|
2022-09-27
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
08-1460
|
Parties
| Name |
PHILIP MORRIS USA INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Michael Evan Rayfield, Ryan Benjamin Witte, Frank Cruz-Alvarez, Scott Adam Chesin, Melissa Nicole Madsen, David Michael Menichetti
|
|
| Name |
R.J. REYNOLDS TOBACCO COMPANY
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Amy Lane Hurwitz, Ursula Marie Henninger, Chad Andrew Peterson, Philip Robbins Green, Jonathan Andrew Henry, Drew Thompson Bell, William L. Durham, II
|
|
| Name |
The Estate of Roberta Eisen
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Alejandro Alvarez, Carlos Rigoberto Salazar, Jr., Ramon Arturo Hernandez, Richard John Diaz, Douglas Fredric Eaton, Carlos Santisteban, Jr.
|
|
| Name |
Hon. Reemberto Diaz
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-08-02
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Order
|
| Description |
Supreme Court Order
|
| View |
View File
|
|
| Docket Date |
2024-05-07
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Order
|
| Description |
Supreme Court Order
|
| View |
View File
|
|
| Docket Date |
2024-05-06
|
| Type |
Supreme Court
|
| Subtype |
Notice to Invok. Disc. Jur. FSC
|
| Description |
Notice to Invok. Disc. Jur. FSC
|
| On Behalf Of |
Philip Morris USA Inc.
|
| View |
View File
|
|
| Docket Date |
2024-04-26
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2024-04-05
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-04-05
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing En Banc
|
| Description |
Upon consideration, Appellants' Motion for Rehearing En Banc is treated as having included a motion for rehearing. The motion for rehearing is hereby denied.
The Motion for Rehearing En Banc is, likewise, denied.
|
| View |
View File
|
|
| Docket Date |
2024-03-13
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice of Substitution of Counsel
|
| On Behalf Of |
Philip Morris USA Inc.
|
| View |
View File
|
|
| Docket Date |
2024-03-06
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Appellee's Response to Motion for Rehearing EN Banc
|
| On Behalf Of |
The Estate of Roberta Eisen
|
|
| Docket Date |
2024-03-04
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing En Banc
|
| Description |
Motion for Rehearing En Banc
|
| On Behalf Of |
Philip Morris USA Inc.
|
|
| Docket Date |
2024-02-14
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Appellants' Unopposed Motion for Extension of Time to File a Motion for Rehearing En Banc is granted to and including March 1, 2024.
|
| View |
View File
|
|
| Docket Date |
2024-02-12
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time to File Motion for Rehearing EN Banc
|
| On Behalf Of |
Philip Morris USA Inc.
|
|
| Docket Date |
2024-01-31
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Upon consideration of Appellee's Motion for Attorney's Fees, it is ordered that said Motion is granted and remanded for fees conditioned upon the trial court's determination of the validity and enforceability of Appellee's proposal for settlement.
SCALES, GORDO and BOKOR, JJ., concur.
|
| View |
View File
|
|
| Docket Date |
2024-01-31
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed
|
| View |
View File
|
|
| Docket Date |
2023-12-19
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Upon consideration, the parties' Requests for Oral Argument are hereby denied.
|
| View |
View File
|
|
| Docket Date |
2023-11-21
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Reply Brief
|
| On Behalf Of |
Philip Morris USA Inc.
|
| View |
View File
|
|
| Docket Date |
2023-11-21
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Appellan't Request for Oral Argument
|
| On Behalf Of |
Philip Morris USA Inc.
|
|
| Docket Date |
2023-11-02
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Appellants' Motion for an Extension of Time to File the Reply Brief is granted to and including November 20, 2023.
|
| View |
View File
|
|
| Docket Date |
2023-10-27
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Motion for Extension of Time to Serve Reply Brief
|
| On Behalf Of |
Philip Morris USA Inc.
|
|
| Docket Date |
2023-09-20
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Appellant's Response to Appellee's Motion for Attorney's Fees Pursuant to Rule 9.400(b)
|
| On Behalf Of |
Philip Morris USA Inc.
|
|
| Docket Date |
2023-09-20
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Order on Motion for Extension of Time- RB - 30 days to 11/06/2023.
|
| On Behalf Of |
Philip Morris USA Inc.
|
| View |
View File
|
|
| Docket Date |
2023-09-20
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Unopposed Motion for Extension of Time to Serve Reply Brief
|
| On Behalf Of |
Philip Morris USA Inc.
|
|
| Docket Date |
2023-09-05
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
The Estate of Roberta Eisen
|
|
| Docket Date |
2023-09-05
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
The Estate of Roberta Eisen
|
|
| Docket Date |
2023-09-05
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Motion For Oral Argument
|
| On Behalf Of |
The Estate of Roberta Eisen
|
|
| Docket Date |
2023-08-04
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ AB-30 Days to 09/04/2023
|
|
| Docket Date |
2023-08-03
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
The Estate of Roberta Eisen
|
|
| Docket Date |
2023-07-03
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time ~ AGREED NOTICE OF EXTENSION OF TIME
|
| On Behalf Of |
The Estate of Roberta Eisen
|
|
| Docket Date |
2023-07-03
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ AB-30 Days to 08/04/2023
|
|
| Docket Date |
2023-06-02
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
The Estate of Roberta Eisen
|
|
| Docket Date |
2023-06-02
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ AB-30 days to 07/05/2023
|
|
| Docket Date |
2023-05-09
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Philip Morris USA Inc.
|
|
| Docket Date |
2023-05-04
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Philip Morris USA Inc.
|
|
| Docket Date |
2023-05-04
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
Philip Morris USA Inc.
|
|
| Docket Date |
2023-03-10
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Ext-gr initial brief no further extensions (OG03B) ~ Appellants’ Unopposed Motion for Extension of Time to File the Initial Brief is granted to and including May 4, 2023, with no further extensions allowed. If said brief is not timely filed in accordance with this Order, the appeal will be subject to dismissal.
|
|
| Docket Date |
2023-03-08
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE AND SERVE APPELLANTS' INITIAL BRIEF
|
| On Behalf Of |
Philip Morris USA Inc.
|
|
| Docket Date |
2023-01-23
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB-60 Days to 04/04/2023
|
|
| Docket Date |
2023-01-20
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
Philip Morris USA Inc.
|
|
| Docket Date |
2023-01-20
|
| Type |
Order
|
| Subtype |
Order to Serve Brief
|
| Description |
AA to file intitial brief w/in 10 days (OR21A) ~ Pursuant to the time schedule provided in the Florida Rules of Appellate Procedure, the time for filing the initial brief has expired. This cause will be subject to dismissal unless the document referred to is filed within ten (10) days from the date of this Order, or within said time the Court is otherwise notified that this matter is being diligently prosecuted.
|
|
| Docket Date |
2023-01-13
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Philip Morris USA Inc.
|
|
| Docket Date |
2022-12-09
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2022-11-15
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB-60 days to 2/03/2023
|
|
| Docket Date |
2022-11-15
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
Philip Morris USA Inc.
|
|
| Docket Date |
2022-09-29
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Philip Morris USA Inc.
|
|
| Docket Date |
2022-09-27
|
| Type |
Notice
|
| Subtype |
Notice of Appeal Transmittal Form
|
| Description |
Notice of Transmittal--NOA
|
| On Behalf Of |
The Estate of Roberta Eisen
|
|
| Docket Date |
2022-09-27
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. **The $300 filing fee for an appeal is due.
|
|
| Docket Date |
2022-09-27
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Philip Morris USA Inc.
|
|
|
|
Paulina Monzon, etc., Appellant(s), v. R.J. Reynolds Tobacco Company, et al., Appellee(s).
|
3D2022-1619
|
2022-09-21
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
08-110
|
Parties
| Name |
Paulina Monzon
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Justin R. Parafinczuk, Bard Daniel Rockenbach, Stephen E. Austin Carr, Jose Manuel Menendez
|
|
| Name |
R.J. REYNOLDS TOBACCO COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PHILIP MORRIS USA INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Frank Cruz-Alvarez, Michael Lawrence Walden, Bruce Robert Tepikian, Geoffrey Jonathan Michael, Scott Adam Chesin, Michael Evan Rayfield, Michael Gene Polatsek
|
|
| Name |
Hon. Lisa S. Walsh
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-12-02
|
| Type |
Order
|
| Subtype |
Order to Transmit Record/Supplemental Record on Appeal
|
| Description |
Non-Conforming Transcript Stricken ~ Upon review of the record/affidavits filed in this case, the Courthas determined that condensed transcripts fail to comply with therequirements of Florida Rules of Appellate Procedure 9.200(b)(4) and9.220(c)(4). Any such condensed transcripts filed after January 1, 2019,are hereby stricken. The responsible party (the party who seeks to havethe transcripts considered by this Court) shall file transcripts that complywith the Florida Rules of Appellate Procedure within thirty (30) days fromthe date of this Order.
|
|
| Docket Date |
2022-11-23
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB-30 days to 12/29/2022
|
|
| Docket Date |
2022-11-23
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
Paulina Monzon
|
|
| Docket Date |
2022-11-22
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2022-09-22
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Paulina Monzon
|
|
| Docket Date |
2022-09-22
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
R.J. Reynolds Tobacco Company
|
|
| Docket Date |
2022-09-22
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee-civil w/atty (OR14B) ~ This is to notify counsel for Appellant that the filing and prosecution of a notice of appeal in this Court is not acceptable without compliance with the Florida Rules of Appellate Procedure. Therefore, this appeal will be dismissed unless the required three hundred dollar ($300.00) fee is paid to the Clerk of the Court on or before October 2, 2022.
|
|
| Docket Date |
2022-09-21
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-09-21
|
| Type |
Notice
|
| Subtype |
Notice of Appeal Transmittal Form
|
| Description |
Notice of Transmittal--NOA
|
| On Behalf Of |
R.J. Reynolds Tobacco Company
|
|
| Docket Date |
2022-09-21
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. **The $300 filing fee for an appeal is due.
|
|
| Docket Date |
2023-01-18
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB-30 days to 02/17/2023
|
|
| Docket Date |
2023-01-18
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
Paulina Monzon
|
|
| Docket Date |
2023-01-17
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2023-01-13
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Clerk Ordered to Supplement Record (OG13A) ~ Appellant's Motion to Supplement the Record on Appeal, filed on December 28, 2022, is granted, and the clerk of the trial court is directed to supplement the record on appeal with the transcripts stated in said Motion, within twenty (20) days from the date of this Order.
|
|
| Docket Date |
2023-01-11
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
R.J. Reynolds Tobacco Company
|
|
| Docket Date |
2022-12-28
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement the Record
|
| On Behalf Of |
Paulina Monzon
|
|
| Docket Date |
2024-02-21
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-02-21
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2024-01-31
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Upon consideration of Appellant's Motion for Appellate Attorneys' Fees, it is ordered that said Motion is hereby denied.
SCALES, GORDO and BOKOR, JJ., concur.
|
| View |
View File
|
|
| Docket Date |
2024-01-31
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed.
|
| View |
View File
|
|
| Docket Date |
2024-01-04
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Upon consideration, Appellant's Request for Oral Argument is hereby denied.
|
| View |
View File
|
|
| Docket Date |
2023-11-29
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Motion for Appellate Attorneys' Fees
|
|
| Docket Date |
2023-11-22
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Appellant's Request for Oral Argument
|
| On Behalf Of |
Paulina Monzon
|
|
| Docket Date |
2023-11-20
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Paulina Monzon
|
|
| Docket Date |
2023-11-20
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Reply Brief
|
| On Behalf Of |
Paulina Monzon
|
| View |
View File
|
|
| Docket Date |
2023-10-19
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Order on Motion for Extension of Time - RB - 30 days to 11/17/2023.
|
| View |
View File
|
|
| Docket Date |
2023-10-17
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Unopposed Motion for Extension
|
| On Behalf Of |
Paulina Monzon
|
|
| Docket Date |
2023-09-19
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Answer Brief
|
| On Behalf Of |
R.J. Reynolds Tobacco Company
|
|
| Docket Date |
2023-09-19
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Answer Brief
|
| On Behalf Of |
R.J. Reynolds Tobacco Company
|
| View |
View File
|
|
| Docket Date |
2023-09-08
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2023-09-07
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Clerk Ordered to Supplement Record (OG13A) ~ Appellee Philip Morris USA Inc.'s Second Unopposed Motion to Supplement the Record, filed on September 1, 2023, is granted, and the clerk of the trial court is directed to supplement the record on appeal with the transcripts as stated in said Motion, within twenty (20) days from the date of this Order.
|
|
| Docket Date |
2023-09-01
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement the Record ~ Second Unopposed Motion toSupplement
|
| On Behalf Of |
R.J. Reynolds Tobacco Company
|
|
| Docket Date |
2023-08-25
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2023-08-24
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Clerk Ordered to Supplement Record (OG13A) ~ Appellee Philip Morris USA Inc.'s Unopposed Motion to Supplement the Record, filed on August 22, 2023, is granted, and the clerk of the trial court is directed to supplement the record on appeal with documents as stated in said Motion, within twenty (20) days from the date of this Order.
|
|
| Docket Date |
2023-08-22
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement the Record
|
| 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 |
Paulina Monzon
|
|
| Docket Date |
2023-06-23
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
R.J. Reynolds Tobacco Company
|
|
| Docket Date |
2023-06-23
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ AB -60 days 09-18-2023
|
|
| Docket Date |
2023-05-09
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
R.J. Reynolds Tobacco Company
|
|
| Docket Date |
2023-04-21
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ AB-60 days to 07/18/2023
|
|
| Docket Date |
2023-04-20
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
R.J. Reynolds Tobacco Company
|
|
| Docket Date |
2023-04-19
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Paulina Monzon
|
|
| Docket Date |
2023-04-19
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ APPENDIX TO INITIAL BRIEF OF APPELLANT
|
| On Behalf Of |
Paulina Monzon
|
|
| Docket Date |
2023-03-17
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB-30 days to 04/19/2023
|
|
| Docket Date |
2023-03-17
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
Paulina Monzon
|
|
| Docket Date |
2023-02-16
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB-30 days to 3/19/23
|
|
| Docket Date |
2023-02-15
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
Paulina Monzon
|
|
|
