|
CHRISTOPHER SCHWAB AND CHRISTINE SCHWAB VS SAM'S EAST, INC., ET AL.
|
2D2022-2684
|
2022-08-16
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Sixth Judicial Circuit, Pinellas County
2017CA-003959
|
Parties
| Name |
CHRISTINE SCHWAB
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
CHRISTOPHER SCHWAB
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Brian James Lee, Esq.
|
|
| Name |
SAM'S EAST, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
SYDNEY M. FELDMAN, ESQ., MILLER EXANTUS, ESQ., JACK R. REITER, ESQ.
|
|
| Name |
D/B/A SAM'S CLUB #6420
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HON. AMY WILLIAMS
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
PINELLAS CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-02-06
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellants' motion for extension of time is granted, and the initial brief shall be served by February 13, 2023.
|
|
| Docket Date |
2024-03-07
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-03-06
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2024-02-13
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER ~ Appellants' motion for issuance of a written opinion is denied.
|
|
| Docket Date |
2024-01-29
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLEE'S RESPONSE IN OPPOSITION TOMOTION FOR WRITTEN OPINION
|
| On Behalf Of |
SAM'S EAST, INC.
|
|
| Docket Date |
2023-12-26
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant EOT (general)-74c ~ Appellee's motion for extension of time is granted, and the response toAppellants' December 13, 2023, post-opinion motion shall be served by January 29,2024.
|
|
| Docket Date |
2023-12-13
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Written Opinion
|
| Description |
Motion for Written Opinion ~ APPELLANTS' MOTION FOR A WRITTEN OPINION
|
| On Behalf Of |
CHRISTOPHER SCHWAB
|
|
| Docket Date |
2023-12-01
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Sam's East's motion for appellate attorney's fees is provisionally granted contingent on the trial court's determination that Sam's East has satisfied the requirements of section 768.79, Florida Statues (2022), and Florida Rule of Civil Procedure 1.442. If a finding of entitlement is made, the trial court shall also determine the appropriate amount of the award.
|
|
| Docket Date |
2023-12-01
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2023-08-22
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
SAM'S EAST, INC.
|
|
| Docket Date |
2023-08-22
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant Reply Brief
|
| On Behalf Of |
CHRISTOPHER SCHWAB
|
|
| Docket Date |
2023-07-26
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief
|
| On Behalf Of |
SAM'S EAST, INC.
|
|
| Docket Date |
2023-07-14
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion-79 ~ Appellee Sam's East, Inc.'s motion to view confidential record is granted as follows. Pages 49-51 and 61-161 were transmitted under seal to this court pursuant to the trial court's January 31, 2023, order granting a motion to determine confidentiality of court records. The trial court's order provided that the parties and their attorneys should have access to the record. Accordingly, the attorneys for the parties shall have access to the confidential record in this case via eDCA. Appellee shall serve the answer brief within ten days of the date of this order.
|
|
| Docket Date |
2023-07-13
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion-79 ~ ***AMENDED - SEE 7/14/23 AMENDED ORDER***Appellee Sam's East, Inc.'s motion to view confidential record is granted as follows. Pages 49-51 and 61-161 were transmitted under seal to this court pursuant to the trial court's January 31, 2023, order granting a motion to determine confidentiality of court records. The trial court's order provided that the parties and their attorneys should have access to the record. Accordingly, the attorneys for the parties shall have access to the confidential record in this case via eDCA.
|
|
| Docket Date |
2023-07-06
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion for Unredacted Record on Appeal
|
| Description |
Motion for unredacted copy of record on appeal ~ APPELLEE'S AMENDED UNOPPOSED MOTION TO VIEW CONFIDENTIAL RECORD
|
| On Behalf Of |
SAM'S EAST, INC.
|
|
| Docket Date |
2023-07-05
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Deny Miscellaneous Motion-79a ~ Appellee Sam's East, Inc.'s motion to view confidential record is denied without prejudice to filing an amended motion that fully complies with Florida Rule of General Practice and Judicial Administration 2.420(j)(2).
|
|
| Docket Date |
2023-06-23
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ APPELLEE'S MOTION TO VIEW CONFIDENTIAL RECORD
|
| On Behalf Of |
SAM'S EAST, INC.
|
|
| Docket Date |
2023-05-18
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30 - AB DUE 06/28/2023
|
| On Behalf Of |
SAM'S EAST, INC.
|
|
| Docket Date |
2023-04-21
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30 DAYS - AB DUE ON 05/29/23
|
| On Behalf Of |
SAM'S EAST, INC.
|
|
| Docket Date |
2023-03-21
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30 - AB DUE 04/27/2023
|
| On Behalf Of |
SAM'S EAST, INC.
|
|
| Docket Date |
2023-02-24
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| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
CHRISTOPHER SCHWAB
|
|
| Docket Date |
2023-02-14
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellants' motion for extension of time is granted, and the initial brief shall be served within ten days from the date of this order.
|
|
| Docket Date |
2023-02-03
|
| Type |
Order
|
| Subtype |
Order Striking Stipulation for Extension
|
| Description |
strike stipulation for extension of time ~ The stipulation for extension of time submitted by Appellant on February 2, 2023,is stricken. The extension agreed upon exceeds the aggregate time periods outlined in the final paragraph of this court's Administrative Order 2013-1.
|
|
| Docket Date |
2023-02-03
|
| 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 |
CHRISTOPHER SCHWAB
|
|
| Docket Date |
2023-02-02
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time
|
| On Behalf Of |
CHRISTOPHER SCHWAB
|
|
| Docket Date |
2023-01-24
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 10 - IB DUE 02/03/2023
|
| On Behalf Of |
CHRISTOPHER SCHWAB
|
|
| Docket Date |
2023-01-03
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ SECOND STIPULATION FOR EXTENSION OF TIME - 20 - IB DUE 01/24/2022
|
| On Behalf Of |
CHRISTOPHER SCHWAB
|
|
| Docket Date |
2022-10-24
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 70- IB DUE 01/04/23
|
| On Behalf Of |
CHRISTOPHER SCHWAB
|
|
| Docket Date |
2022-10-14
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ WILLIAMS - 1,091 PAGES - REDACTED
|
|
| Docket Date |
2022-09-09
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid through Portal
|
| On Behalf Of |
CHRISTOPHER SCHWAB
|
|
| Docket Date |
2022-09-01
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ NOTICE OF APPEARANCE AND DESIGNATION OF E-MAILADDRESSES
|
| On Behalf Of |
SAM'S EAST, INC.
|
|
| Docket Date |
2022-08-26
|
| Type |
Misc. Events
|
| Subtype |
Certificate
|
| Description |
Certificate ~ CERTIFICATE OF THE CLERK
|
| On Behalf Of |
PINELLAS CLERK
|
|
| Docket Date |
2022-08-17
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty ~ This appeal has been filed without a filing fee required by section 35.22(2)(a), Florida Statutes, Florida Statutes.If the attorney for appellant has not already done so, they shall forward the required $300.00 filing fee or, if applicable, a certificate or order of the lower tribunal finding appellant insolvent pursuant to section 57.081, Florida Statutes, within twenty days from the date of this order.If this court does not receive either of the above within the prescribed time, this appeal may be subject to dismissal without further notice.
|
|
| Docket Date |
2022-08-17
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2022-08-16
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-08-16
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ W/ORDER
|
| On Behalf Of |
CHRISTOPHER SCHWAB
|
|
| Docket Date |
2023-12-22
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response ~ TO APPELLANTS' POST-OPINION MOTION FOR AWRITTEN OPINION
|
| On Behalf Of |
SAM'S EAST, 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 |
CHRISTOPHER SCHWAB
|
|
|
|
STEPHANIE BALME VS WAL-MART STORES, INC. and SAM'S EAST, INC. d/b/a SAM'S CLUB
|
4D2018-2536
|
2018-08-23
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE 15-013434
|
Parties
| Name |
STEPHANIE BALME
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
CHARLES S. ROWLEY, Keith Chasin
|
|
| Name |
SAM'S EAST, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Wal-Mart Stores, Inc. No. 5325
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Thomas A. Valdez, David M. Tarlow
|
|
| Name |
Hon. John B. Bowman
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-10-03
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the September 26, 2018 notice of voluntary dismissal and October 2, 2018 notice of voluntary dismissal of the cross appeal, this case is dismissed.
|
|
| Docket Date |
2018-10-03
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2018-09-27
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order to File Status Report ~ ORDERED that the appellee is directed to file a status report within five (5) days from the date of this order as to whether the cross-appeal in 18-2536 remains pending.
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| Docket Date |
2018-09-25
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Upon consideration of appellant’s September 4, 2018 jurisdictional statement, it is ORDERED that this appeal shall proceed, and is now consolidated with case number 4D18-2139. Appellant shall file a single initial brief addressing the issues of both appeals, and the appeals shall both proceed in case number 4D18-2139.
|
|
| Docket Date |
2018-09-14
|
| Type |
Notice
|
| Subtype |
Notice of Cross Appeal
|
| Description |
Notice of Cross Appeal
|
|
| Docket Date |
2018-08-24
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2018-09-05
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Wal-Mart Stores, Inc. No. 5325
|
|
| Docket Date |
2018-09-04
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
STEPHANIE BALME
|
|
| Docket Date |
2018-08-23
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
STEPHANIE BALME
|
|
| Docket Date |
2018-08-23
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2018-09-18
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay filing Fee - Cross-Appeal - 10 days ~ A Notice of Cross-Appeal was filed in the lower tribunal on September 4, 2018. The $295.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Cross-Appeal as required by section 35.22(2)(b), Florida Statutes (2016) and Florida Rule of Appellate Procedure 9.110(b). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE CROSS-APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED, appellee/cross-appellant 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 of the cross-appeal 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 cross-appeal has a duty to tender the filing fee to the appellate court when the cross-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.
|
|
| Docket Date |
2018-08-24
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of this order. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed.
|
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|
|
STEPHANIE BALME VS WAL-MART STORES, INC., SAM'S EAST, INC. d/b/a SAM'S CLUB
|
4D2018-2139
|
2018-07-17
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE15-013434 (02)
|
Parties
| Name |
STEPHANIE BALME
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Keith Chasin, CHARLES S. ROWLEY
|
|
| Name |
SAM'S EAST, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
WALMART STORES, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Thomas A. Valdez, David M. Tarlow, Matthew McElligott
|
|
| Name |
d/b/a SAM'S CLUB
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. John B. Bowman
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-07-17
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
STEPHANIE BALME
|
|
| Docket Date |
2018-07-17
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2018-10-03
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the September 26, 2018 notice of voluntary dismissal and October 2, 2018 notice of voluntary dismissal of the cross appeal, this case is dismissed.
|
|
| Docket Date |
2018-10-03
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2018-10-02
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal ~ APPELLEES' NOTICE OF VOLUNTARY DISMISSAL OF CROSS APPEAL
|
| On Behalf Of |
WALMART STORES, INC.
|
|
| Docket Date |
2018-09-27
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order to File Status Report ~ ORDERED that the appellee is directed to file a status report within five (5) days from the date of this order as to whether the cross-appeal in 18-2536 remains pending.
|
|
| Docket Date |
2018-09-26
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
STEPHANIE BALME
|
|
| Docket Date |
2018-09-25
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Upon consideration of appellant’s September 4, 2018 jurisdictional statement, it is ORDERED that this appeal shall proceed, and is now consolidated with case number 4D18-2139. Appellant shall file a single initial brief addressing the issues of both appeals, and the appeals shall both proceed in case number 4D18-2139.
|
|
| Docket Date |
2018-09-14
|
| Type |
Notice
|
| Subtype |
Notice of Cross Appeal
|
| Description |
Notice of Cross Appeal ~ (FILED IN CONSOLIDATED CASE 18-2536)
|
|
| Docket Date |
2018-08-08
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
WALMART STORES, INC.
|
|
| Docket Date |
2018-08-08
|
| Type |
Order
|
| Subtype |
Order on Motion for Reinstatement
|
| Description |
ORD-Reinstatement ~ ORDERED that the appellant's August 6, 2018 notice of filing proof of payment is treated as a motion for reinstatement and is granted. The above-styled appeal is reinstated and all time frames shall commence from the date of this order.
|
|
| Docket Date |
2018-08-06
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk ~ (Reinstated 8/08/18)
|
|
| Docket Date |
2018-08-06
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing
|
| On Behalf Of |
STEPHANIE BALME
|
|
| Docket Date |
2018-08-06
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismiss-No Filing Fee ~ ORDERED sua sponte that the above-styled appeal is dismissed for nonpayment of the $300.00 filing fee.
|
|
| Docket Date |
2018-07-18
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2018-07-18
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of this order. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed.
|
|
|
|
DAN LANHAUS VS SAM'S EAST, INC.
|
2D2015-1185
|
2015-03-16
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Sixth Judicial Circuit, Pasco County
10-CA-9104
|
Parties
| Name |
DAN LANHAUS
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
SAM'S EAST, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
RENEE D. FARIED, ESQ.
|
|
| Name |
PASCO CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2015-06-22
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed
|
|
| Docket Date |
2015-06-01
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge ~ Casanueva, LaRose, and Salario
|
|
| Docket Date |
2015-06-01
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
dismiss/no fee/order of insolvency
|
|
| Docket Date |
2015-03-19
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; pro se
|
|
| Docket Date |
2015-03-16
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
HL:Fee Owed
|
|
| Docket Date |
2015-03-16
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
DAN LANHAUS
|
|
|
|
SHERWIN WOLF VS SAM'S EAST, INC. D/B/A SUNRISE SAM'S CLUB
|
SC2014-0355
|
2014-02-12
|
Closed
|
|
| Classification |
Discretionary Review - Notice to Invoke - Direct Conflict of Decisions
|
| Court |
Supreme Court of Florida
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
11-8156 21
Circuit Court for the Seventeenth Judicial Circuit, Broward County
4D12-3064
|
Parties
| Name |
HON. MARILYN NEMZURA BEUTTENMULLER, CLERK
|
| Role |
Appellant
|
| Status |
Withdrawn
|
|
| Name |
SHERWIN WOLF
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
ARNOLD ROBERT GINSBERG, H. JOSHUA DIAMOND
|
|
| Name |
SAM'S EAST, INC.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
MICHAEL JOHN WOOD, DAVID M. TARLOW, Thomas A. Valdez
|
|
| Name |
D/B/A SUNRISE SAM'S CLUB
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Hon. John Joseph Murphy, III
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Hon. HOWARD FORMAN
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2014-09-05
|
| Type |
Disposition
|
| Subtype |
Rev DY Lack Juris
|
| Description |
DISP-REV DY LACK JURIS ~ 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).
|
|
| Docket Date |
2014-04-21
|
| Type |
Brief
|
| Subtype |
Juris Answer
|
| Description |
JURIS ANSWER BRIEF
|
| On Behalf Of |
SAM'S EAST, INC.
|
|
| Docket Date |
2014-03-19
|
| Type |
Order
|
| Subtype |
Extension of Time (Juris Brief)
|
| Description |
ORDER-EXT OF TIME GR (JURIS BRIEF-RESPONDENT) ~ Respondent's motion for extension of time is granted and respondent is allowed to and including April 21, 2014, in which to serve the jurisdictional answer brief. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO RESPONDENT FOR THE FILING OF THE JURISDICTIONAL ANSWER BRIEF.
|
|
| Docket Date |
2014-03-17
|
| Type |
Motion
|
| Subtype |
Ext of Time (Juris Brief)
|
| Description |
MOTION-EXT OF TIME (JURIS BRIEF)
|
| On Behalf Of |
SAM'S EAST, INC.
|
|
| Docket Date |
2014-02-24
|
| Type |
Brief
|
| Subtype |
Juris Initial
|
| Description |
JURIS INITIAL BRIEF ~ W/Appendix
|
| On Behalf Of |
SHERWIN WOLF
|
|
| Docket Date |
2014-02-21
|
| Type |
Event
|
| Subtype |
Fee Paid in Full
|
| Description |
Fee Paid in Full
|
|
| Docket Date |
2014-02-21
|
| Type |
Letter-Case
|
| Subtype |
Acknowledgment Letter-New Case
|
| Description |
ACKNOWLEDGMENT LETTER-NEW CASE
|
|
| Docket Date |
2014-02-20
|
| Type |
Notice
|
| Subtype |
Invoke Discretionary Jurisdiction
|
| Description |
NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT) ~ ***UNCERTIFIED COPY***
|
| On Behalf Of |
SHERWIN WOLF
|
|
| Docket Date |
2014-02-12
|
| Type |
Notice
|
| Subtype |
Invoke Discretionary Jurisdiction
|
| Description |
NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT)
|
| On Behalf Of |
SHERWIN WOLF
|
|
| Docket Date |
2014-02-12
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
UNITED FOOD AND COMMERCIAL, ETC., ET. AL. VS WAL-MART STORES, INC., ET. AL
|
5D2013-4555
|
2013-12-27
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
5th District Court of Appeal
|
| Originating Court |
Circuit Court for the Ninth Judicial Circuit, Orange County
2013-CA-004293-O
|
Parties
| Name |
ANGELA WILLIAMSON INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
UNITED FOOD AND COMMERICAL
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Richard P. Siwica, JOEY JAMES HIPOLITO, SUZANNE TZUANOS, DEBORAH GAYDOS, GEORGE WISZYNSKI
|
|
| Name |
ALAN HANSON
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
CENTRAL FLORIDA JOBS WITH JUSTICE CORP
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
ALEX RIVERA
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
DENISE DIAZ
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
ORGANIZATION UNITED FOR RESPEC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
WAL-MART STORES EAST, LP
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SAM'S EAST, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
WAL-MART STORES, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Ronald M. Schirtzer, DOUGLAS D. JANICIK, STEVEN D. WHEELESS, Elliot H. Scherker, Brigid F. Cech Samole, Jay A. Yagoda
|
|
| Name |
Orange Cty Circuit Ct Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2014-02-24
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion to Appear Pro Hac Vice
|
| Description |
Motion For Leave To Appear as Foreign Counsel ~ FOR STEVEN D. WHEELESS-WITH FEE
|
| On Behalf Of |
WAL-MART STORES, INC.
|
|
| Docket Date |
2016-05-04
|
| Type |
Event
|
| Subtype |
File Destroyed
|
| Description |
File Destroyed
|
|
| Docket Date |
2014-08-06
|
| Type |
Mandate
|
| Subtype |
Notice Memorandum
|
| Description |
Notice Memorandum
|
|
| Docket Date |
2014-08-06
|
| Type |
Record
|
| Subtype |
Returned Records
|
| Description |
Returned Records ~ NO RECORD
|
|
| Docket Date |
2014-07-18
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2014-07-18
|
| Type |
Order
|
| Subtype |
Order on Motion/Notice Voluntary Dismissal (non-dispositive)
|
| Description |
Order Granting Voluntary Dismissal
|
|
| Docket Date |
2014-07-18
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
UNITED FOOD AND COMMERICAL
|
|
| Docket Date |
2014-06-20
|
| Type |
Order
|
| Subtype |
Order Dispensing with Oral Argument
|
| Description |
ORD-DISPENSING ORAL ARGUMENT ~ W/IN 10 DAYS; REQ FOR RECONSIDERATION MAY BE FILED
|
|
| Docket Date |
2014-06-20
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
UNITED FOOD AND COMMERICAL
|
|
| Docket Date |
2014-06-02
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Docket Entry ~ CD;AE Elliot H. Scherker 0202304
|
|
| Docket Date |
2014-05-30
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
WAL-MART STORES, INC.
|
|
| Docket Date |
2014-05-20
|
| Type |
Order
|
| Subtype |
Order on Motion to Appear Pro Hac Vice
|
| Description |
ORD-Leave to Appear as Foreign Counsel
|
|
| Docket Date |
2014-05-15
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion to Appear Pro Hac Vice
|
| Description |
Motion For Leave To Appear as Foreign Counsel ~ FOR GEORGE WISZYNSKI; CHECK RECEIVED 5/19
|
| On Behalf Of |
UNITED FOOD AND COMMERICAL
|
|
| Docket Date |
2014-04-21
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ AGREED XOT TO FILE ANSWER BRIEF TO 5/30/14
|
| On Behalf Of |
WAL-MART STORES, INC.
|
|
| Docket Date |
2014-03-19
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ AGREED EOT TO FILE ANS BRF TO 4/30
|
| On Behalf Of |
WAL-MART STORES, INC.
|
|
| Docket Date |
2014-02-24
|
| Type |
Order
|
| Subtype |
Order on Motion to Appear Pro Hac Vice
|
| Description |
ORD-Leave to Appear as Foreign Counsel
|
|
| Docket Date |
2014-02-13
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ AGREED XOT TO FILE ANSWER BRIEF TO 3/31/14
|
| On Behalf Of |
WAL-MART STORES, INC.
|
|
| Docket Date |
2014-02-06
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ AMENDED APX TO INIT BRF
|
| On Behalf Of |
UNITED FOOD AND COMMERICAL
|
|
| Docket Date |
2014-02-05
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Docket Entry ~ REQ FOR OA;AA Suzanne Tzuanos 0105615
|
|
| Docket Date |
2014-02-04
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
UNITED FOOD AND COMMERICAL
|
|
| Docket Date |
2014-01-22
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ AA'S 1/16 MTN/EOT FOR IB GRANTED TO 2/3. AA'S 1/8 MTN/ROA DENIED.
|
|
| Docket Date |
2014-01-16
|
| 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 |
UNITED FOOD AND COMMERICAL
|
|
| Docket Date |
2014-01-08
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ FOR ROA ON NON FINAL APPEAL
|
| On Behalf Of |
UNITED FOOD AND COMMERICAL
|
|
| Docket Date |
2014-01-07
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion ~ MOTION TO AMEND TRT AS RESP TO 12/30/13 ORDER; APPEAL SHALL PROCEED AS A NON-FINAL OF 11/22/13 L.T. ORDER; INI BRF DUE 1/23/14.
|
|
| Docket Date |
2014-01-06
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ TO AMEND NOA
|
| On Behalf Of |
UNITED FOOD AND COMMERICAL
|
|
| Docket Date |
2014-01-06
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
UNITED FOOD AND COMMERICAL
|
|
| Docket Date |
2014-01-02
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
WAL-MART STORES, INC.
|
|
| Docket Date |
2013-12-30
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
Order to Show Cause ~ W/I 20 DAYS - WHY APPEAL SHOULD NOT PROCEED AS A NON-FINAL APPEAL
|
|
| Docket Date |
2013-12-30
|
| 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 |
UNITED FOOD AND COMMERICAL
|
|
| Docket Date |
2013-12-27
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee - Civil appeal (300)
|
|
| Docket Date |
2013-12-27
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgement Letter 1
|
|
| Docket Date |
2013-12-27
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ FILED BELOW 12/20/2013
|
| On Behalf Of |
UNITED FOOD AND COMMERICAL
|
|
| Docket Date |
2013-12-27
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
SHERWIN WOLF VS SAM'S EAST, INC. d/b/a SUNRISE SAM'S CLUB
|
4D2012-3064
|
2012-08-17
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
11-8156 21
|
Parties
| Name |
SHERWIN WOLF
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
ARNOLD R. GINSBERG, H. JOSHUA DIAMOND
|
|
| Name |
SAM'S EAST, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Michael J. Wood, Thomas A. Valdez, David M. Tarlow
|
|
| Name |
SUNRISE SAM'S CLUB
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. John J. Murphy , III
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2013-02-20
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ 31 DAYS TO 03/18/13
|
|
| Docket Date |
2013-02-13
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief
|
| On Behalf Of |
SAM'S EAST, INC.
|
|
| Docket Date |
2013-01-16
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ 30 DAYS TO 2/15/13
|
|
| Docket Date |
2013-01-14
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief
|
| On Behalf Of |
SAM'S EAST, INC.
|
|
| Docket Date |
2012-12-26
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits ~ (4) *e*
|
| On Behalf Of |
SHERWIN WOLF
|
|
| Docket Date |
2012-11-30
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ FOUR (4) VOLUMES (NO CD REQUIRED)
|
|
| Docket Date |
2015-12-17
|
| Type |
Record
|
| Subtype |
Returned Records
|
| Description |
Returned Records
|
|
| Docket Date |
2014-09-10
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Miscellaneous
|
| Description |
Supreme Court Disposition ~ SC14-355
|
|
| Docket Date |
2014-02-26
|
| Type |
Supreme Court
|
| Subtype |
Acknowledged Receipt from Supreme Court
|
| Description |
Ack. Receipt from Supreme Court ~ SC14-355
|
|
| Docket Date |
2014-02-25
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Ready to Close
|
|
| Docket Date |
2014-02-12
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice sent to the Supreme Court
|
|
| Docket Date |
2014-02-12
|
| Type |
Supreme Court
|
| Subtype |
Notice to Invok. Disc. Jur. FSC
|
| Description |
Notice of Discretional Jurisdiction
|
| On Behalf Of |
SHERWIN WOLF
|
|
| Docket Date |
2014-01-31
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2014-01-31
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2014-01-15
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Authored Opinion
|
|
| Docket Date |
2013-09-26
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ CLEAR COPIES OF PHOTOGRAPHS, PER 9/16/13 ORDER
|
| On Behalf Of |
SHERWIN WOLF
|
|
| Docket Date |
2013-09-16
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED that the parties shall provide this Court within ten (10) days of this ORDER with the original photographs or clear copies of the original photographs depicted in the record in volume one, pages 138, 139, 140, 154, and 155.
|
|
| Docket Date |
2013-04-19
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
SAM'S EAST, INC.
|
|
| Docket Date |
2013-03-25
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee's motion filed March 18, 2013, for extension of time is granted, and appellee shall serve the answer brief on or before April 19, 2013. 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.
|
|
| Docket Date |
2013-03-18
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief
|
| On Behalf Of |
SAM'S EAST, INC.
|
|
| Docket Date |
2012-11-21
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Initial Brief extended by Letter (no order issued) ~ 30 DAYS TO 12/21/12
|
|
| Docket Date |
2012-10-24
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Initial Brief extended by Letter (no order issued) ~ 30 DAYS TO 11/21/12
|
|
| Docket Date |
2012-09-18
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
SAM'S EAST, INC.
|
|
| Docket Date |
2012-09-12
|
| Type |
Misc. Events
|
| Subtype |
Docketing Statement
|
| Description |
Docketing Statement ~ AA Arnold R. Ginsberg
|
|
| Docket Date |
2012-08-23
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2012-08-17
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
SHERWIN WOLF
|
|
| Docket Date |
2012-08-17
|
| Type |
Misc. Events
|
| Subtype |
Order Appealed
|
| Description |
**DNU** order appealed
|
|
|
