| Classification |
Original Proceedings - Circuit Civil - Prohibition
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
17-4112
|
Parties
| Name |
Chevron USA, Inc.
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
SEARIVER MARITIME FINANCIAL HOLDINGS, INC.
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
HESS CORPORATION
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
BP CORPORATION NORTH AMERICA INC.
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
SEARIVER MARITIME, INC.
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Todd C. Alley, Matthew J. Conigliaro, Erin A. McGrath, Melanie Chung-Tims, Edward J. Briscoe, Anthony P. Strasius, Peter Melaragno, Susan J. Cole, Timothy John Ferguson, EVELYN FLETCHER DAVIS
|
|
| Name |
Exxonmobil Corporation
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
SHELL OIL COMPANY
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
TEXACO, INC
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
IMO INDUSTRIES INC.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
INGERSOLL-RAND COMPANY
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
THE LINCOLN ELECTRIC COMPANY
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
MCNALLY INDUSTRIES, LLC
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
GENERAL ELECTRIC COMPANY
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
FMC CORPORATION
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
JOSEPH BENNETT, LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
THOMAS F. BRINK, DALE J. SPURR, STEVEN S. SCHULTE, DANIEL F. O'SHEA, TIMOTHY CLARK, ANGEL M. REYES, Christopher Collins
|
|
| Name |
HOBART BROTHERS COMPANY
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
FLOWSERVE US, INC.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
THE WILLIAM POWELL COMPANY
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
BW/IP INTERNATIONAL, INC.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
GARDNER DENVER, INC.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
THE NASH ENGINEERING COMPANY
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
VELAN VALVE CORPORATION
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
FOSTER WHEELER ENERGY CORPORATION
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Warrne Pumps, LLC
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Hon. Martin J. Bidwill
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-11-13
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-Denying Rehearing ~ ORDERED that the petitioners' October 22, 2018 motion for certification, written opinion or rehearing is denied.
|
|
| Docket Date |
2018-10-22
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing ~ PETITIONERS' MOTION FOR CERTIFICATION, WRITTEN OPINION, OR REHEARING
|
| On Behalf Of |
SEARIVER MARITIME, INC.
|
|
| Docket Date |
2018-10-08
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2018-10-08
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order-Original Proceeding Dismissed ~ ORDERED that, having considered respondent Joseph Bennett’s October 1, 2018 response to petitioners’ motion to expedite, and petitioner's October 3, 2018 reply, the motion to expedite is granted; further, ORDERED that the petition for writ of prohibition is dismissed without prejudice to petitioners’ right to raise their challenges on final appeal. Cordis Corp. v. O'Shea, 24 So. 3d 576 (Fla. 4th DCA 2009).TAYLOR, FORST and KLINGENSMITH, JJ., concur.
|
|
| Docket Date |
2018-10-03
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay filing fee-Notice Joinder-10 days ~ The $295.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Joinder as required by section 35.22(2)(b), Florida Statutes (2016). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE PROCEEDING IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED, Hess Corporation shall pay the $295.00 filing fee or file the circuit court clerk's determination of indigent status in this Court within ten (10) days from the date of the entry of this order. Failure to comply within the time prescribed will result in dismissal/striking of the notice of joinder 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 joinder has a duty to tender the filing fee to the appellate court when the notice 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 Florida Department of Financial Services for collection.
|
|
| Docket Date |
2018-10-03
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice
|
| On Behalf Of |
SEARIVER MARITIME, INC.
|
|
| Docket Date |
2018-10-03
|
| Type |
Response
|
| Subtype |
Reply
|
| Description |
Reply
|
| On Behalf Of |
SEARIVER MARITIME, INC.
|
|
| Docket Date |
2018-10-01
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay filing fee-Notice Joinder-10 days ~ The $295.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Joinder as required by section 35.22(2)(b), Florida Statutes (2016). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE PROCEEDING IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED, Chevron U.S.A. Inc. and Texaco Inc., shall pay the $295.00 filing fee or file the circuit court clerk's determination of indigent status in this Court within ten (10) days from the date of the entry of this order. Failure to comply within the time prescribed will result in dismissal/striking of the notice of joinder 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 joinder has a duty to tender the filing fee to the appellate court when the notice 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 Florida Department of Financial Services for collection.
|
|
| Docket Date |
2018-10-01
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ WITH EXHIBIT
|
| On Behalf Of |
JOSEPH BENNETT
|
|
| Docket Date |
2018-10-01
|
| Type |
Notice
|
| Subtype |
Notice of Joinder in Filing
|
| Description |
Notice of Joinder
|
| On Behalf Of |
SEARIVER MARITIME, INC.
|
|
| Docket Date |
2018-09-28
|
| Type |
Notice
|
| Subtype |
Notice of Joinder in Filing
|
| Description |
Notice of Joinder
|
| On Behalf Of |
SEARIVER MARITIME, INC.
|
|
| Docket Date |
2018-09-27
|
| Type |
Notice
|
| Subtype |
Notice of Joinder in Filing
|
| Description |
Notice of Joinder
|
| On Behalf Of |
SEARIVER MARITIME, INC.
|
|
| Docket Date |
2018-09-26
|
| Type |
Motions Other
|
| Subtype |
Motion To Expedite
|
| Description |
Motion To Expedite ~ *AND* ALTERNATIVE MOTION TO STAY TRIAL
|
| On Behalf Of |
SEARIVER MARITIME, INC.
|
|
| Docket Date |
2018-09-24
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Original Proceeding ~ The $300.00 filing fee or affidavit of indigency in conformance with sections 57.081 and 57.085, Florida Statutes, did not accompany the petition as required in Florida Rule of Appellate Procedure 9.100(b). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE PETITION IS SUBSEQUENTLY VOLUNTARILY DISMISSED OR ADVERSELY DISMISSED.ORDERED sua sponte that the $300.00 filing fee or affidavit of indigency in conformance with section 57.081 and 57.085, Florida Statutes, must be filed in this Court within ten (10) days from the date of the entry of this order. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the petition has a duty to tender the filing fee to the appellate court when the petition 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: 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 this filing fee is paid or until an affidavit of indigency is filed and indigency status is granted.
|
|
| Docket Date |
2018-09-24
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Prohibition / Acknowledgment letter
|
|
| Docket Date |
2018-09-21
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2018-09-21
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
| On Behalf Of |
SEARIVER MARITIME, INC.
|
|
| Docket Date |
2018-09-21
|
| Type |
Petition
|
| Subtype |
Petition Prohibition
|
| Description |
Petition Prohibition
|
| On Behalf Of |
SEARIVER MARITIME, INC.
|
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
12-40042
|
Parties
| Name |
FOSTER WHEELER ENERGY CORPORATION
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
CHRISTOPHER J.M. COLLINGS, ROBERT C. WEILL
|
|
| Name |
GENERAL ELECTRIC COMPANY
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Patricia Smith
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
JAMES L. FERRARO, JR., Paulo R. Lima, C. Michael Evert, Jr., REBECCA C. KIBBE, MARC P. KUNEN
|
|
| Name |
Hon. William Thomas
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2017-02-08
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2017-02-08
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2017-02-08
|
| Type |
Notice
|
| Subtype |
Voluntary Dismissal
|
| Description |
Voluntary Dismissal Recognized (OG33) ~ ORDERED that appellants¿ notice of voluntary dismissal is recognized by the Court, and this appeal from the Circuit Court for Miami-Dade County, Florida is hereby dismissed.
|
|
| Docket Date |
2017-02-06
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
FOSTER WHEELER ENERGY CORPORATION
|
|
| Docket Date |
2017-01-18
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
Patricia Smith
|
|
| Docket Date |
2017-01-18
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Patricia Smith
|
|
| Docket Date |
2017-01-12
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Patricia Smith
|
|
| Docket Date |
2017-01-11
|
| 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 an extension of time to serve and file the initial brief is granted to and including thirty (30) days from the date of this order, 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 |
2017-01-09
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
FOSTER WHEELER ENERGY CORPORATION
|
|
| Docket Date |
2016-12-08
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB-30 days to 1/7/17
|
|
| Docket Date |
2016-12-08
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
FOSTER WHEELER ENERGY CORPORATION
|
|
| Docket Date |
2016-12-06
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion Granted (OG999) ~ Appellants¿ request for judicial notice is granted as stated in the motion.
|
|
| Docket Date |
2016-11-30
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ Request for judicial notice
|
| On Behalf Of |
FOSTER WHEELER ENERGY CORPORATION
|
|
| Docket Date |
2016-11-08
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
FOSTER WHEELER ENERGY CORPORATION
|
|
| Docket Date |
2016-11-08
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB-30 days to 12/8/16
|
|
| Docket Date |
2016-11-04
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar or Related Case
|
| On Behalf Of |
FOSTER WHEELER ENERGY CORPORATION
|
|
| Docket Date |
2016-11-03
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
FOSTER WHEELER ENERGY CORPORATION
|
|
| Docket Date |
2016-10-26
|
| Type |
Notice
|
| Subtype |
Notice of Appeal Transmittal Form
|
| Description |
Notice of Transmittal--NOA
|
|
| Docket Date |
2016-10-25
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ NOT CERTIFIED.
|
| On Behalf Of |
FOSTER WHEELER ENERGY CORPORATION
|
|
| Docket Date |
2016-10-25
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2016-10-25
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments.
|
|
|
