| Docket Date |
2019-11-15
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2019-11-15
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2019-10-24
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Deny Attorney's Fees ~ ORDERED that the appellant’s July 2, 2019 conditional motion for appellate attorney's fees is denied.
|
|
| Docket Date |
2019-10-24
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2019-10-22
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ 4DCA
|
|
| Docket Date |
2019-08-14
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
ORD-Setting Oral Argument ~ This case is set for Oral Argument on October 22, 2019, at 10:00 A.M. for 10 minutes per side. The parties are advised that the oral argument will occur at the new Fourth District Court of Appeal Courthouse at 110 S. Tamarind Avenue, West Palm Beach, FL 33401. The court calendars can be viewed on this court's website at HYPERLINK "http://www.4dca.org" www.4dca.org. Attorneys not registered with this court’s eDCA and pro se parties are required to file a "Notice of Receipt of Oral Argument" within ten (10) days from the date of this order, acknowledging they have received this order.
|
|
| Docket Date |
2019-07-17
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
ERWIN PRZYCHODNY
|
|
| Docket Date |
2019-07-02
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ (CONDITIONAL)
|
| On Behalf Of |
ERWIN PRZYCHODNY
|
|
| Docket Date |
2019-07-02
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
ERWIN PRZYCHODNY
|
|
| Docket Date |
2019-06-24
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief
|
| On Behalf Of |
ERWIN PRZYCHODNY
|
|
| Docket Date |
2019-06-24
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 15 DAYS TO 07/05/2019
|
|
| Docket Date |
2019-05-31
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
MATTRESS FIRM, INC.
|
|
| Docket Date |
2019-05-06
|
| Type |
Order
|
| Subtype |
Order re Stay
|
| Description |
Stay is lifted, case to proceed ~ Upon consideration of appellee’s February 4, 2019 status report, appellant’s February 20, 2019 response and April 16, 2019 supplemental response, and appellee’s April 26, 2019 reply, it is ORDERED that the stay imposed by this court on November 5, 2018 is lifted, and the appeal shall proceed.
|
|
| Docket Date |
2019-05-06
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
MATTRESS FIRM, INC.
|
|
| Docket Date |
2019-04-26
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Response
|
| On Behalf Of |
MATTRESS FIRM, INC.
|
|
| Docket Date |
2019-04-16
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion ~ ORDERED that appellant’s March 21, 2019 motion to supplement the February 20, 2019 response is granted, and the supplemental response is deemed filed as of the date of this order. Further, ORDERED that appellee is directed to reply, within ten (10) days from the date of this order, to appellant’s response and supplemental response, including case law supporting appellee’s request to dismiss this appeal.
|
|
| Docket Date |
2019-04-16
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ (SUPPLEMENTAL) TO APPELLEE'S FEBRUARY 5, 2019 STATUS REPORT
|
| On Behalf Of |
ERWIN PRZYCHODNY
|
|
| Docket Date |
2019-03-21
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ MOTION TO SUPPLEMENT HIS RESPONSE TO APPELLEE'S FEBRUARY 5, 2019 STATUS REPORT AND SUPPLEMENTAL RESPONSE
|
| On Behalf Of |
ERWIN PRZYCHODNY
|
|
| Docket Date |
2019-03-11
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellee to File Response ~ ORDERED that within ten (10) days from the date of this order, appellee shall file a reply to appellant’s February 20, 2019 response, including case law supporting appellee’s request to dismiss this appeal. Further, ORDERED that appellee shall file a copy of the order issued by the bankruptcy court which confirms the Chapter 11 Plan of Reorganization along with the reply.
|
|
| Docket Date |
2019-02-20
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO APPELLEE'S FEBRUARY 5, 2019 STATUS REPORT
|
| On Behalf Of |
ERWIN PRZYCHODNY
|
|
| Docket Date |
2019-02-05
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellant to File Response ~ ORDERED that appellant is directed to respond, within fifteen (15) days from the date of this order, to appellee’s February 4, 2019 status report.
|
|
| Docket Date |
2019-02-04
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ NOTICE OF STATUS OF BANKRUPTCY CASE
|
| On Behalf Of |
MATTRESS FIRM, INC.
|
|
| Docket Date |
2018-11-05
|
| Type |
Order
|
| Subtype |
Order Bankruptcy
|
| Description |
ORD-Case Stayed Pending Bankruptcy ~ A suggestion of bankruptcy having been filed, and it appearing that no cause exists as to why the entire above-styled appeal should not be stayed by virtue of 11 U.S.C. § 362, it is ORDERED that:This appeal is stayed. If the bankruptcy case becomes closed, dismissed, or modified to permit this appeal to proceed, then appellee shall promptly, and in no event later than twenty (20) days after the event has occurred, notify this court in writing that this appeal may proceed.Unless this appeal is voluntarily dismissed, appellee, within ninety (90) days from the date of this order, and then every ninety (90) days thereafter, shall notify this court as to the status of the bankruptcy case.
|
|
| Docket Date |
2018-10-10
|
| Type |
Order
|
| Subtype |
Show Cause re Bankruptcy
|
| Description |
Order on Suggestion of Bankruptcy ~ A suggestion of bankruptcy having been filed, it is ORDERED that all parties shall show cause in writing, if any there be, within twenty (20) days from the date of this order, why the entire above-styled appeal should not be stayed by virtue of 11 U.S.C. § 362. If a party believes that no such cause exists, that party need not file a response.
|
|
| Docket Date |
2018-10-09
|
| Type |
Notice
|
| Subtype |
Suggestion of Bankruptcy
|
| Description |
Suggestion of Bankruptcy
|
| On Behalf Of |
MATTRESS FIRM, INC.
|
|
| Docket Date |
2018-10-08
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORD-Denying Aplee's Motion to Dismiss ~ Upon consideration of appellant’s September 28, 2018 response, it is ORDERED that appellee’s September 20, 2018 motion to dismiss appeal is denied. The appellee shall serve the answer brief within twenty (20) days from the date of this order. In addition, appellee is notified that the failure to serve the brief within the time provided may foreclose appellee’s right to file a brief or otherwise participate in this appeal.
|
|
| Docket Date |
2018-09-28
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ IN OPPOSITION TO APPELLEE'S MOTION TO DISMISS
|
| On Behalf Of |
ERWIN PRZYCHODNY
|
|
| Docket Date |
2018-09-20
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
MATTRESS FIRM, INC.
|
|
| Docket Date |
2018-09-11
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
MATTRESS FIRM, INC.
|
|
| Docket Date |
2018-09-11
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ TO SEPTEMBER 21, 2018
|
|
| Docket Date |
2018-08-27
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ TO SEPTEMBER 10, 2018
|
|
| Docket Date |
2018-08-27
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
MATTRESS FIRM, INC.
|
|
| Docket Date |
2018-08-02
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
ERWIN PRZYCHODNY
|
|
| Docket Date |
2018-07-31
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records
|
| On Behalf Of |
ERWIN PRZYCHODNY
|
|
| Docket Date |
2018-07-31
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
ORD-Allowing Attachment to Record ~ ORDERED that the appellant's July 30, 2018 motion to supplement the record is granted, and the record is supplemented to include the material requested in the motion. Said supplemental record is deemed filed as of the date of this order.
|
|
| Docket Date |
2018-07-30
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 2 DAYS TO 08/02/2018
|
|
| Docket Date |
2018-07-30
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
ERWIN PRZYCHODNY
|
|
| Docket Date |
2018-07-30
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
ERWIN PRZYCHODNY
|
|
| Docket Date |
2018-06-27
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ "MOTION FOR BRIEFING SCHEDULE OR IN THE ALTERNATIVE, MOTION FOR EXTENSION OF TIME"
|
| On Behalf Of |
ERWIN PRZYCHODNY
|
|
| Docket Date |
2018-06-27
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's June 27, 2018 “motion for briefing schedule or in the alternative, motion for extension of time” is treated as a motion for extension of time for the initial brief and is granted. Appellant shall serve the initial brief on or before July 31, 2018. 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 |
2018-06-14
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ PARTIAL FINAL JUDGMENT.
|
| On Behalf Of |
ERWIN PRZYCHODNY
|
|
| Docket Date |
2018-05-31
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
ORD-Granting EOT for Relinquishment of Juris. ~ ORDERED that appellant's May 30, 2018 second motion to extend relinquishment is granted. Relinquishment of jurisdiction to the trial court is continued to and including June 14, 2018.The appellant shall forward to this court a copy of any order issued during relinquishment. It is further ordered that the appellant shall monitor this proceeding in the trial court. If further time is needed beyond this relinquishment period, it shall be the duty of appellant to request an extension of time by proper motion to this court. This case shall proceed in this court upon expiration of relinquishment unless otherwise notified in writing by the parties.
|
|
| Docket Date |
2018-05-30
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ MOTION FOR SECOND EXTENSION OF TIME ON RELINQUISHMENT OF JURISDICTION TO OBTAIN FINAL JUDGMENT
|
| On Behalf Of |
ERWIN PRZYCHODNY
|
|
| Docket Date |
2018-05-11
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
ORD-Granting EOT for Relinquishment of Juris. ~ ORDERED that appellant's May 10, 2018 motion to extend relinquishment is granted. Relinquishment of jurisdiction to the trial court is continued to and including May 30, 2018.The appellant shall forward to this court a copy of any order issued during relinquishment. It is further ordered that the appellant shall monitor this proceeding in the trial court. If further time is needed beyond this relinquishment period, it shall be the duty of appellant to request an extension of time by proper motion to this court. This case shall proceed in this court upon expiration of relinquishment unless otherwise notified in writing by the parties.
|
|
| Docket Date |
2018-05-10
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ ON RELINQUISHMENT OF JURISDICTION TO OBTAIN FINAL JUDGMENT
|
| On Behalf Of |
ERWIN PRZYCHODNY
|
|
| Docket Date |
2018-05-09
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF PAYMENT OF RECORD ON APPEAL
|
| On Behalf Of |
ERWIN PRZYCHODNY
|
|
| Docket Date |
2018-05-04
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 753 PAGES (PAGES 1-733)
|
|
| Docket Date |
2018-05-01
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order for Status Report Re: ROA ~ Upon consideration of the Affidavit of Non-Payment of Appeal Invoice filed by the clerk of the lower tribunal on April 20, 2018, appellant is ordered to file a report within ten (10) days from the date of this order, as to the status of the payment for and preparation of the record on appeal.
|
|
| Docket Date |
2018-04-20
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit ~ OF NON-PAYMENT OF APPEAL INVOICE
|
|
| Docket Date |
2018-03-26
|
| Type |
Order
|
| Subtype |
Order Relinquishing Jurisdiction
|
| Description |
Jurisdiction Relinquished ~ Upon consideration of appellant's March 8, 2018 jurisdictional brief and appellee's March 19, 2018 response, it is ORDERED that jurisdiction is relinquished to the trial court for forty-five (45) days so that it may enter a final judgment in these proceedings. The appellant shall forward to this court a copy of any order issued during relinquishment. It is further ORDERED that the appellant shall monitor this proceeding in the trial court. If further time is needed beyond this relinquishment period, it shall be the duty of appellant to request an extension of time by proper motion to this court. This case is stayed until the relinquishment period expires or the appellant files a copy of the final judgment entered in the trial court, whichever happens first.
|
|
| Docket Date |
2018-03-19
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO APPELLANT'S STATEMENT ON JURISDICTION
|
| On Behalf Of |
MATTRESS FIRM, INC.
|
|
| Docket Date |
2018-03-08
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
ERWIN PRZYCHODNY
|
|
| Docket Date |
2018-03-08
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
ERWIN PRZYCHODNY
|
|
| Docket Date |
2018-03-02
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
MATTRESS FIRM, INC.
|
|
| Docket Date |
2018-02-26
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
AA - File Statement for Basis of Jurisdiction ~ ORDERED that within ten (10) days from the date of this order appellant shall file in this court a brief statement explaining the basis for this court's subject matter jurisdiction over the order appealed in this case, citing supporting legal authorities. Appellant shall specifically address how the “verdict form as to liability” is an appealable order, as no judgment has been entered on the verdict. See Miller v. Nelson, 550 So. 2d 1193, 1193 (Fla. 5th DCA 1989) (“A jury verdict is not an appealable order.”); furtherAppellee may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2018-02-26
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2018-02-23
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
ERWIN PRZYCHODNY
|
|
| Docket Date |
2018-02-23
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
