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MARY MCNAMARA, Appellant(s) v. BJ'S WHOLESALE CLUB, INC., Appellee(s).
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4D2024-3108
|
2024-12-04
|
Open
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE23-006411
|
Parties
| Name |
Mary McNamara
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
BJ'S WHOLESALE CLUB, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Kelly Johana Mera, Alyssa Mara Reiter
|
|
| Name |
Hon. Jeffrey Richard Levenson
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Broward Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-12-26
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing Circuit Court Orders
|
| On Behalf Of |
Mary McNamara
|
|
| Docket Date |
2024-12-09
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| Description |
The court has received the Notice of Appeal in the above-styled case and finds, from the face of the Notice, that the appeal appears to be untimely filed. The Notice was filed in the Lower Tribunal on December 3, 2024, and the Notice reflects October 30, 2024, as the date of the order being appealed. ORDERED that Appellant is directed to file, within fifteen (15) days from the date of this order, a conformed copy of the order(s) being appealed and any subsequent orders which tolled the time for the filing of the Notice of Appeal. Said orders must reflect the time/date stamp so that timeliness can be determined. ORDERED that failure to comply with this order will result in the sua sponte dismissal of the above-styled case as being an untimely appeal.
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| View |
View File
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| Docket Date |
2024-12-09
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss for Lack of Jurisdiction
|
|
| Docket Date |
2024-12-06
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
BJ'S Wholesale Club, Inc.
|
|
| Docket Date |
2024-12-05
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-12-05
|
| Type |
Event
|
| Subtype |
Fee Satisfied
|
| Description |
Fee Satisfied
|
|
| Docket Date |
2024-12-05
|
| Type |
Misc. Events
|
| Subtype |
Determination of Indigency/LT Order Insolvency
|
| Description |
Determination of Indigency/LT Order Insolvency
|
|
| Docket Date |
2024-12-05
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
|
|
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Sun Gas Marketing & Petroleum, LLC, Petitioner(s) v. BJ's Wholesale Club, Inc., Respondent(s)
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SC2024-0709
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2024-05-13
|
Closed
|
|
| Classification |
Discretionary Review - Notice to Invoke - Direct Conflict of Decisions
|
| Court |
Supreme Court of Florida
|
| Originating Court |
4th District Court of Appeal
4D2023-0075;
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Parties
| Name |
Sun Gas Marketing & Petroleum, LLC
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Robert D Fingar, George William Hatch, III, Alexander Scott Whitlock
|
|
| Name |
BJ'S WHOLESALE CLUB, INC.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Kevin Andrew Reck, Emily Joy Lang, James Andrew McKee
|
|
| Name |
Hon. Michele Towbin Singer
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Broward Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
4DCA Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-09-17
|
| 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).
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| View |
View File
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| Docket Date |
2024-07-08
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| Type |
Notice
|
| Subtype |
Supplemental Authority
|
| Description |
Loper Bright Enterprises v. Raimondo, 603 U.S. _____ (2024), slip op., at 1
|
| On Behalf Of |
Sun Gas Marketing & Petroleum, LLC
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| View |
View File
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|
| Docket Date |
2024-06-24
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| Type |
Brief
|
| Subtype |
Juris Answer
|
| Description |
Jurisdictional Brief of Respondent BJ's Wholesale Club, Inc.
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| On Behalf Of |
BJ's Wholesale Club, Inc.
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| View |
View File
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|
| Docket Date |
2024-05-23
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| Type |
Brief
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| Subtype |
Juris Initial
|
| Description |
Jurisdictional Brief of Petitioner
|
| On Behalf Of |
Sun Gas Marketing & Petroleum, LLC
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| View |
View File
|
|
| Docket Date |
2024-05-14
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| Type |
Letter-Case
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| Subtype |
Acknowledgment Letter-New Case
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| Description |
Acknowledgment Letter-New Case
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| View |
View File
|
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| Docket Date |
2024-05-13
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| Type |
Notice
|
| Subtype |
Invoke Discretionary Jurisdiction
|
| Description |
Notice to Invoke Discretionary Jurisdiction
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| On Behalf Of |
Sun Gas Marketing & Petroleum, LLC
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| View |
View File
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BJ's Wholesale Club, Inc., Appellant(s), v. Lester M. Solorzano, Appellee(s).
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3D2023-2029
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2023-11-14
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Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
3rd District Court of Appeal
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| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
23-12957
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Parties
| Name |
BJ'S WHOLESALE CLUB, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Cody Jordan Shilling, Catherine Wesely Higgins, Rodney Joseph Janis
|
|
| Name |
Lester M. Solorzano
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| Role |
Appellee
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| Status |
Active
|
| Representations |
Amanda Demanda, Kielan Saborit Morera
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|
| Name |
David Leal
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Vivianne del Rio
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
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Docket Entries
| Docket Date |
2023-11-14
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| Type |
Notice
|
| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal
|
| On Behalf Of |
BJ's Wholesale Club, Inc.
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|
| Docket Date |
2024-01-03
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| Type |
Mandate
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| Subtype |
Disp. w/o Mandate
|
| Description |
Disp. w/o Mandate
|
|
| Docket Date |
2024-01-03
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| Type |
Misc. Events
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| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-01-03
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| Type |
Disposition by Order
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| Subtype |
Dismissed
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| Description |
IT IS HEREBY ORDERED that Appellant's Notice of Voluntary Dismissal of Appeal is recognized by the Court, and this appeal from the Circuit Court for Miami-Dade County, Florida, is hereby dismissed.
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| View |
View File
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| Docket Date |
2023-12-19
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| Type |
Motions Other
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| Subtype |
Motion/Notice Voluntary Dismissal
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| Description |
Appellant's Notice of Voluntary Dismissal of Appeal
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| On Behalf Of |
BJ's Wholesale Club, Inc.
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|
| Docket Date |
2023-11-29
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| Type |
Event
|
| Subtype |
Fee Satisfied
|
| Description |
Case Filing Fee $300 Paid through Portal Batch no. 9517619
|
|
| Docket Date |
2023-11-21
|
| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time to Seve Initial Brief - 30 days to 12/29/2023 (GRANTED)
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|
| Docket Date |
2023-11-17
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Appellant's Unopposed Motion for Extension of Time to Serve Initial Brief
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| On Behalf Of |
BJ's Wholesale Club, Inc.
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|
| Docket Date |
2023-11-15
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| Type |
Miscellaneous Document
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| Subtype |
Pay Case Filing Fee-300
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| Description |
Case Filing Fee $300 Paid through Portal Batch no. 9517619
|
| On Behalf Of |
BJ's Wholesale Club, Inc.
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| View |
View File
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|
| Docket Date |
2023-11-14
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| Type |
Letter
|
| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter
|
| View |
View File
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|
| Docket Date |
2023-11-14
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| Type |
Order
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| 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 November 24, 2023.
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| View |
View File
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SUN GAS MARKETING & PETROLEUM, LLC Appellant(s) v. BJ'S WHOLESALE CLUB, INC. Appellee(s).
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4D2023-0075
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2023-01-06
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Closed
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|
| Classification |
NOA Final - Circuit Civil - Other
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| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE19-024520
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Parties
| Name |
Sun Gas Marketing & Petroleum, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Dwight Oneal Slater, Robert D. Fingar, George Hatch, Alexander Whitlock
|
|
| Name |
Hon. Michele Towbin-Singer
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
BJ'S WHOLESALE CLUB, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Emily J. Lang, Kevin A. Reck, James A. McKee, George Hatch, Robert D. Fingar, Dwight Oneal Slater, Alexander Whitlock
|
|
Docket Entries
| Docket Date |
2023-09-14
|
| Type |
Order
|
| Subtype |
Order Re: Video Oral Argument
|
| Description |
Order Re: Video Oral Argument
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| View |
View File
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| Docket Date |
2023-05-05
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| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellant to File Response ~ ORDERED that appellant is directed to respond, within ten (10) days from the date of this order, to appellee’s May 3, 2023 Motion to Strike Brief of Proposed Amicus Curiae and Appendix to Brief of Proposed Amicus Curiae.
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|
| Docket Date |
2023-01-09
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| 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.
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|
| Docket Date |
2023-09-20
|
| Type |
Order
|
| Subtype |
Order on Motion For Clarification
|
| Description |
Order Denying Motion For Clarification
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| View |
View File
|
|
| Docket Date |
2023-09-20
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice re: Oral Argument
|
| On Behalf Of |
Sun Gas Marketing & Petroleum, LLC
|
|
| Docket Date |
2023-09-19
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice OF COUNSEL PRESENTING ORAL ARGUMENT
|
| On Behalf Of |
BJ'S Wholesale Club, Inc.
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|
| Docket Date |
2023-09-16
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| Type |
Motions Other
|
| Subtype |
Motion for Clarification of Order
|
| Description |
Motion for Clarification of Order
|
| On Behalf Of |
Sun Gas Marketing & Petroleum, LLC
|
|
| Docket Date |
2024-03-12
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing and Rehearing En Banc
|
| Description |
AMENDED MOTION FOR REHEARING AND/OR REHEARING EN BANC, OR, IN THE ALTERNATIVE, MOTION FOR CERTIFICATION
|
|
| Docket Date |
2024-03-08
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing and Rehearing En Banc
|
| Description |
Motion for Rehearing and Rehearing En Banc
|
|
| Docket Date |
2024-02-21
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed
|
| View |
View File
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|
| Docket Date |
2024-09-17
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Order
|
| Description |
SC2024-0709 Supreme Court Order- Petition for Review is Denied
|
|
| Docket Date |
2024-05-14
|
| Type |
Supreme Court
|
| Subtype |
Acknowledged Receipt from Supreme Court
|
| Description |
SC2024-0709 Acknowledged Receipt from Supreme Court
|
|
| Docket Date |
2024-05-13
|
| Type |
Supreme Court
|
| Subtype |
Notice to Invok. Disc. Jur. FSC
|
| Description |
Notice to Invok. Disc. Jur. FSC
|
|
| Docket Date |
2024-05-13
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Pay Case Filing Fee-300 ***Supreme Court Fee***
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| View |
View File
|
|
| Docket Date |
2024-05-01
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2024-04-15
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-04-15
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing En Banc
|
| Description |
Order on Motion for Rehearing En Banc
|
| View |
View File
|
|
| Docket Date |
2024-03-21
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response in Opposition to Appellant's Motion for Rehearing
|
| On Behalf Of |
BJ'S Wholesale Club, Inc.
|
|
| Docket Date |
2023-08-17
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
Sun Gas Marketing & Petroleum, LLC
|
|
| Docket Date |
2023-08-15
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Sun Gas Marketing & Petroleum, LLC
|
| View |
View File
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|
| Docket Date |
2023-07-28
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 15 DAYS TO 8/15/23
|
|
| Docket Date |
2023-07-28
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief
|
| On Behalf Of |
Sun Gas Marketing & Petroleum, LLC
|
|
| Docket Date |
2023-06-30
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
BJ'S Wholesale Club, Inc.
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| View |
View File
|
|
| Docket Date |
2023-06-16
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 14 DAYS TO 6/30/23
|
|
| Docket Date |
2023-06-16
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
BJ'S Wholesale Club, Inc.
|
|
| Docket Date |
2023-05-19
|
| Type |
Order
|
| Subtype |
Order on Motion To Strike
|
| Description |
Deny Motion to Strike ~ Upon consideration of appellant's May 15, 2023 response and Florida Petroleum Marketers Association, Inc.'s May 16, 2023 response, it is ORDERED that appellee's May 3, 2023 motion to strike is denied.
|
|
| Docket Date |
2023-05-16
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION TO STRIKE
|
| On Behalf Of |
Sun Gas Marketing & Petroleum, LLC
|
|
| Docket Date |
2023-05-15
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Sun Gas Marketing & Petroleum, LLC
|
|
| Docket Date |
2023-05-10
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 6/16/23
|
|
| Docket Date |
2023-05-10
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
BJ'S Wholesale Club, Inc.
|
|
| Docket Date |
2023-05-03
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ IN OPPOSITION TO AMICUS CURIAE'S MOTION FOR LEAVE TO APPEAR AT ORAL ARGUMENT
|
| On Behalf Of |
BJ'S Wholesale Club, Inc.
|
|
| Docket Date |
2023-05-03
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike
|
| On Behalf Of |
BJ'S Wholesale Club, Inc.
|
|
| Docket Date |
2023-04-27
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ OF AMICUS CURIAE
|
| On Behalf Of |
Sun Gas Marketing & Petroleum, LLC
|
|
| Docket Date |
2023-04-27
|
| Type |
Brief
|
| Subtype |
Amicus Curiae Brief
|
| Description |
Amicus Curiae Brief
|
| On Behalf Of |
Sun Gas Marketing & Petroleum, LLC
|
| View |
View File
|
|
| Docket Date |
2023-04-27
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument ~ (RESPONSE FILED 5/03/23)
|
| On Behalf Of |
Sun Gas Marketing & Petroleum, LLC
|
|
| Docket Date |
2023-04-17
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Sun Gas Marketing & Petroleum, LLC
|
| View |
View File
|
|
| Docket Date |
2023-03-29
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 336 PAGES
|
|
| Docket Date |
2023-03-16
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Order Granting Motion to Supplement the Record ~ ORDERED that appellant's March 14, 2023 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.
|
|
| Docket Date |
2023-03-14
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Sun Gas Marketing & Petroleum, LLC
|
|
| Docket Date |
2023-03-14
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
Sun Gas Marketing & Petroleum, LLC
|
|
| Docket Date |
2023-03-14
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 4/17/23
|
|
| Docket Date |
2023-03-13
|
| Type |
Order
|
| Subtype |
Order on Motion for Leave to File Amicus Curiae Brief
|
| Description |
ORD-Permitting Amicus Curiae Brief ~ ORDERED that Florida Petroleum Marketers Association, Inc.'s March 6, 2023 motion and March 8, 2023 amended motion for leave to appear as amicus curiae in support of appellant Sun Gas Marketing & Petroleum, LLC are granted, and the amicus brief shall be filed no later than ten (10) days after appellant's initial brief is filed.
|
|
| Docket Date |
2023-03-08
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to File Amicus Curiae Brief
|
| Description |
Motion To File Amicus Curiae Brief ~ *AMENDED*
|
| On Behalf Of |
Sun Gas Marketing & Petroleum, LLC
|
|
| Docket Date |
2023-03-06
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to File Amicus Curiae Brief
|
| Description |
Motion To File Amicus Curiae Brief
|
| On Behalf Of |
Sun Gas Marketing & Petroleum, LLC
|
|
| Docket Date |
2023-02-17
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 1124 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2023-02-17
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
BJ'S Wholesale Club, Inc.
|
|
| Docket Date |
2023-01-26
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ Invoice voided
|
|
| Docket Date |
2023-01-26
|
| Type |
Order
|
| Subtype |
Order on Motion for Reinstatement
|
| Description |
ORD-Reinstatement ~ ORDERED that appellant's January 25, 2023 motion for reinstatement is granted, and the above-styled appeal is reinstated.
|
|
| Docket Date |
2023-01-25
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2023-01-25
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Sun Gas Marketing & Petroleum, LLC
|
|
| Docket Date |
2023-01-25
|
| 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 non-payment of the $300.00 filing fee.
|
|
| Docket Date |
2023-01-25
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Reinstatement
|
| Description |
Motion For Reinstatement
|
| On Behalf Of |
Sun Gas Marketing & Petroleum, LLC
|
|
| Docket Date |
2023-01-09
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| 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
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Sun Gas Marketing & Petroleum, LLC
|
|
|
|
MURRAY SAGER VS BJ'S WHOLESALE CLUB, INC.
|
4D2020-1789
|
2020-08-12
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502018CA016253
|
Parties
| Name |
Murray Sager
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Steven Saul, Leah Nicholls, Joshua Eggnatz, Michael Pascucci
|
|
| Name |
BJ'S WHOLESALE CLUB, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Kevin A. Reck, James A. McKee, Christina Kennedy, Emily J. Lang
|
|
| Name |
Hon. Jaimie Goodman
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-05-11
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED that the stay entered on March 15, 2021, is lifted. Further, ORDERED that appellant’s October 6, 2020 request for oral argument is denied.
|
|
| Docket Date |
2021-03-15
|
| Type |
Order
|
| Subtype |
Order re Stay
|
| Description |
ORD-Case Stayed ~ ORDERED that this case is stayed pending resolution of case SC20-1167 presently pending in the Florida Supreme Court.
|
|
| Docket Date |
2021-01-04
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Murray Sager
|
|
| Docket Date |
2020-12-03
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
BJ'S Wholesale Club, Inc.
|
|
| Docket Date |
2022-05-27
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2022-05-27
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2022-05-11
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Citation
|
|
| Docket Date |
2020-11-03
|
| 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 November 2, 2020 motion for extension of time is granted, and appellee shall serve the answer brief on or before December 3, 2020. 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 |
2020-11-02
|
| 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 |
BJ'S Wholesale Club, Inc.
|
|
| Docket Date |
2020-10-06
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
Murray Sager
|
|
| Docket Date |
2020-10-05
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Murray Sager
|
|
| Docket Date |
2020-10-05
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Murray Sager
|
|
| Docket Date |
2020-10-02
|
| Type |
Order
|
| Subtype |
Order on Motion to Appear Pro Hac Vice
|
| Description |
Ord-Leave to Appear Pro Hac Vice ~ ORDERED that appellant's October 1, 2020 verified motion for permission to appear pro hac vice is granted, and Leah M. Nicholls, Esquire, is permitted to appear in this appeal as counsel for appellant. Leah M. Nicholls, Esquire, is advised that this court does not send paper documents to attorneys and he or she shall register for this court’s eDCA system and the Florida Courts E-Filing Portal within five (5) days from the date of this order.
|
|
| Docket Date |
2020-10-01
|
| Type |
Misc. Events
|
| Subtype |
Pro Hac Vice Fee Paid through Portal
|
| Description |
PRO HAC VICE FEE PAID THROUGH PORTAL
|
|
| Docket Date |
2020-10-01
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion to Appear Pro Hac Vice
|
| Description |
Mot. to appear pro hac vice
|
| On Behalf Of |
Murray Sager
|
|
| Docket Date |
2020-10-01
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ CERTIFICATE OF GOOD STANDING
|
| On Behalf Of |
Murray Sager
|
|
| Docket Date |
2020-09-14
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
BJ'S Wholesale Club, Inc.
|
|
| Docket Date |
2020-09-04
|
| Type |
Order
|
| Subtype |
Order Discharging Show Cause Order
|
| Description |
ORD-Discharging Show Cause ~ ORDERED that, upon consideration of appellant's response and motion for extension of time filed September 3, 2020, this court's September 3, 2020 order to show cause is discharged. Further,ORDERED that appellant's motion for extension of time is granted, and appellant shall serve the initial brief on or before October 3, 2020. 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 |
2020-09-03
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief/Apdx ~ ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, on or before September 14, 2020, why the above-styled case should not be dismissed for lack of timely prosecution, in that appellant's initial brief and appendix have not been filed with this court as of this date, pursuant to Florida Rule of Appellate Procedure 9.130(e). Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief and appendix are filed within this time, the order to show cause will be considered automatically discharged without further order.
|
|
| Docket Date |
2020-09-03
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause ~ **AND** MOTION FOR EXTENSION OF TIME
|
| On Behalf Of |
Murray Sager
|
|
| Docket Date |
2020-08-13
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2020-08-13
|
| 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. 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 circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2020-08-12
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2020-08-12
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Murray Sager
|
|
|
|
BJ'S WHOLESALE CLUB, INC., VS LAURA BUGLIARO, et al.,
|
3D2020-1115
|
2020-08-07
|
Closed
|
|
| 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
15-6256
|
Parties
| Name |
BJ'S WHOLESALE CLUB, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
CHRISTINA M. KENNEDY, Kevin A. Reck, JAMES A. MCKEE
|
|
| Name |
LAURA BUGLIARO
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
AMIT AGARWAL, J. CLIFTON COX, VICTOR M. DIAZ, JR., Daniel M. Samson, ERIN E. BOHANNON, Steve I. Silverman, Alan J. Kluger
|
|
| Name |
Hon. William Thomas
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-12-04
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ AB-14 days to 12/21/2020
|
|
| Docket Date |
2020-11-02
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ AB-30 days to 12/07/2020
|
|
| Docket Date |
2020-11-02
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
LAURA BUGLIARO
|
|
| Docket Date |
2020-10-06
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
BJ'S WHOLESALE CLUB, INC.
|
|
| Docket Date |
2020-10-06
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
BJ'S WHOLESALE CLUB, INC.
|
|
| Docket Date |
2020-09-21
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB-15 days to 10/06/2020
|
|
| Docket Date |
2020-09-21
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
BJ'S WHOLESALE CLUB, INC.
|
|
| Docket Date |
2020-08-21
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB-30 days to 9/21/2020
|
|
| Docket Date |
2020-08-21
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
BJ'S WHOLESALE CLUB, INC.
|
|
| Docket Date |
2021-02-10
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2021-02-10
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-02-09
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
LAURA BUGLIARO
|
|
| Docket Date |
2021-01-21
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion to Dismiss Granted (OG32) ~ IT IS HEREBY ORDERED that the parties’ Joint Motion to Dismiss the Appeal as Moot is granted, and this appeal from the Circuit Court for Miami-Dade County, Florida, is hereby dismissed as moot.
|
|
| Docket Date |
2021-01-21
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2021-01-14
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ AGREED ORDER TO VACATE JULY 7, 2020 ORDER ON BJ'S WHOLESALE CLUBINC.'S NOTICE REGARDING ITS POST CERTIFICATION ARBITRATION MOTIONAND SETTING BRIEFING SCHEDULE FOR BJ'S WHOLESALE CLUB INC.'SMOTION TO COMPEL ARBITRATION OF PLAINTIFF'S CERTIFIED CLASSCLAIMS
|
| On Behalf Of |
LAURA BUGLIARO
|
|
| Docket Date |
2021-01-14
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss ~ JOINT MOTION TO DISMISS APPEAL AS MOOT
|
| On Behalf Of |
LAURA BUGLIARO
|
|
| Docket Date |
2020-12-31
|
| Type |
Order
|
| Subtype |
Order on Motion to Relinquish Jurisdiction
|
| Description |
Relinquishment Granted (OG49) ~ The parties' Joint Motion to Relinquish Jurisdiction is granted, and jurisdiction of this cause is temporarily relinquished to the trial court for a period of forty-five (45) days from the date of this Order for the purpose(s) stated in the Motion.
|
|
| Docket Date |
2020-12-29
|
| Type |
Motions Other
|
| Subtype |
Motion To Relinquish Jurisdiction
|
| Description |
Motion To Relinquish Jurisdiction ~ JOINT MOTION TO RELINQUISH JURISDICTION TO TRIAL COURT TO VACATE ORDER ON APPEAL
|
| On Behalf Of |
LAURA BUGLIARO
|
|
| Docket Date |
2020-12-21
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
LAURA BUGLIARO
|
|
| Docket Date |
2020-12-21
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ AB-30 days to 01/20/2021
|
|
| Docket Date |
2020-12-17
|
| Type |
Order
|
| Subtype |
Order on Motion to Relinquish Jurisdiction
|
| Description |
Relinquishment denied (OD49) ~ Upon consideration, the parties’ Joint Motion to Relinquish Jurisdiction to Trial Court to Vacate Order on Appeal is hereby denied
|
|
| Docket Date |
2020-12-15
|
| Type |
Motions Other
|
| Subtype |
Motion To Relinquish Jurisdiction
|
| Description |
Motion To Relinquish Jurisdiction ~ JOINT MOTION TO RELINQUISH JURISDICTION TO TRIAL COURT TO VACATE ORDER ON APPEAL
|
| On Behalf Of |
LAURA BUGLIARO
|
|
| Docket Date |
2020-12-04
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
LAURA BUGLIARO
|
|
| Docket Date |
2020-08-07
|
| 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 August 17, 2020.
|
|
| Docket Date |
2020-08-07
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Aclnowledgment of new case with attachments. The $300 filing fee for an appeal is due.
|
|
| Docket Date |
2020-08-07
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ RELATED CASES: 20-686, 19-2038, 17-2229, 17-1495, 17-1476
|
| On Behalf Of |
BJ'S WHOLESALE CLUB, INC.
|
|
| Docket Date |
2020-08-07
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
BJ'S WHOLESALE CLUB, INC., etc., et al., VS LAURA BUGLIARO, etc., et al.,
|
3D2020-0686
|
2020-04-23
|
Closed
|
|
| 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
15-6256
|
Parties
| Name |
Department of Revenue
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
BJ'S WHOLESALE CLUB, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
CHRISTINA M. KENNEDY, Kevin A. Reck, J. CLIFTON COX, AMIT AGARWAL, JAMES A. MCKEE
|
|
| Name |
LAURA BUGLIARO
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Daniel M. Samson, VICTOR M. DIAZ, JR., Alan J. Kluger, ERIN E. BOHANNON, Steve I. Silverman
|
|
| Name |
Hon. William Thomas
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-08-05
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ AB-30 days to 9/11/20
|
|
| Docket Date |
2020-08-04
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
LAURA BUGLIARO
|
|
| Docket Date |
2021-06-01
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2021-05-07
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing and Rehearing En Banc
|
| Description |
Rehearing & Rehearing en banc denied (OD57A) ~ Upon consideration, Appellees’ Motion for Rehearing and to Certify a Question of Great Public Importance is hereby denied. FERNANDEZ, LOGUE and GORDO, JJ., concur. Appellees’ Motion for Rehearing En Banc is denied.
|
|
| Docket Date |
2021-05-07
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-05-04
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ STATE OF FLORIDA DEPARTMENT OF REVENUE'SRESPONSE TO APPELLEES' MOTION FOR REHEARING OR REHEARING EN BANC AND TO CERTIFY A QUESTION OF GREAT PUBLIC IMPORTANCE
|
| On Behalf Of |
BJ'S WHOLESALE CLUB, INC.
|
|
| Docket Date |
2021-04-29
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion for Rehearing / Rehearing En Banc ~ MOTION FOR REHEARING OR REHEARING EN BANC AND TOCERTIFY A QUESTION OF GREAT PUBLIC IMPORTANCE
|
| On Behalf Of |
LAURA BUGLIARO
|
|
| Docket Date |
2021-04-14
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed - Authored Opinion
|
|
| Docket Date |
2021-02-18
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER (OR999) ~ Upon consideration, the Notice of Record Support filed on February 16, 2021, is hereby stricken as unauthorized. FERNANDEZ, LOGUE and GORDO, JJ., concur.
|
|
| Docket Date |
2021-02-16
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ 3DCA
|
|
| Docket Date |
2021-02-16
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ STRICKEN AS UNAUTHORIZED 2/18/21-- NOTICE OF RECORD SUPPORT
|
| On Behalf Of |
LAURA BUGLIARO
|
|
| Docket Date |
2020-12-14
|
| Type |
Notice
|
| Subtype |
Notice of Oral Argument
|
| Description |
ORAL ARGUMENT RECEIPT ~ NOTICE OF ACKNOWLEDGMENT
|
| On Behalf Of |
BJ'S WHOLESALE CLUB, INC.
|
|
| Docket Date |
2020-12-11
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ APPELLANT/INTERVENOR DEPARTMENT OF REVENUE'S ACKNOWLEDGEMENT OF ORDER SCHEDULING ORAL ARGUMENT AND IDENTIFICATION OF ATTORNEY-NOTICE OF ACKNOWLEDGMENTFOR ORAL ARGUMENT
|
| On Behalf Of |
LAURA BUGLIARO
|
|
| Docket Date |
2020-11-12
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief ~ REPLY BRIEF OF APPELLANT, BJ'S WHOLESALE CLUB, INC.
|
| On Behalf Of |
BJ'S WHOLESALE CLUB, INC.
|
|
| Docket Date |
2020-11-12
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
BJ'S WHOLESALE CLUB, INC.
|
|
| Docket Date |
2020-10-12
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief ~ STATE OF FLORIDA DEPARTMENT OF REVENUE'S REPLY BRIEF
|
| On Behalf Of |
BJ'S WHOLESALE CLUB, INC.
|
|
| Docket Date |
2020-10-12
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
LAURA BUGLIARO
|
|
| Docket Date |
2020-10-12
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Extension granted to file reply brief NFE (OG05A) ~ Appellant, BJ's Wholesale Club, Inc.’s Unopposed Motion for an Extension of Time to File the Reply Brief is granted to and including November 12, 2020, with no further extensions allowed.
|
|
| Docket Date |
2020-10-09
|
| 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 |
BJ'S WHOLESALE CLUB, INC.
|
|
| Docket Date |
2020-09-11
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ ANSWER BRIEF OF APPELLEES TO FLORIDA DEPARTMENT OFREVENUE
|
| On Behalf Of |
LAURA BUGLIARO
|
|
| Docket Date |
2020-07-09
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ AB-30 days to 8/12/20
|
|
| Docket Date |
2020-07-09
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
LAURA BUGLIARO
|
|
| Docket Date |
2020-06-11
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits ~ INITIAL BRIEF OF APPELLANT, BJ'S WHOLESALE CLUB, INC.
|
| On Behalf Of |
BJ'S WHOLESALE CLUB, INC.
|
|
| Docket Date |
2020-06-11
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ to the initial brief
|
| On Behalf Of |
BJ'S WHOLESALE CLUB, INC.
|
|
| Docket Date |
2020-05-27
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB-15 days to 6/11/20
|
|
| Docket Date |
2020-05-26
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time ~ NOTICE OF AGREED EXTENSION OF TIME TO FILE INITIAL BRIEFS
|
| On Behalf Of |
BJ'S WHOLESALE CLUB, INC.
|
|
| Docket Date |
2020-04-28
|
| Type |
Letter-Case
|
| Subtype |
Letter
|
| Description |
Letter ~ REGARDING FILING FEE
|
| On Behalf Of |
BJ'S WHOLESALE CLUB, INC.
|
|
| Docket Date |
2020-04-24
|
| Type |
Notice
|
| Subtype |
Notice of Joinder in Filing
|
| Description |
Notice of Joinder ~ STATE OF FLORIDA DEPARTMENT OF REVENUE'S NOTICE OF JOINDER IN THE NOTICE OF APPEAL FILED BY BJ'S WHOLESALE CLUB, INC.
|
| On Behalf Of |
LAURA BUGLIARO
|
|
| Docket Date |
2020-04-24
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB-30 days to 5/27/20
|
|
| Docket Date |
2020-04-23
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2020-04-23
|
| 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 3, 2020.
|
|
| Docket Date |
2020-04-23
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Aclnowledgment of new case with attachments. **The $300 filing fee for an appeal is due.
|
|
| Docket Date |
2020-04-23
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ PREVIOUS CASES: 19-2038, 17-2229, 17-1495, 17-1476
|
| On Behalf Of |
BJ'S WHOLESALE CLUB, INC.
|
|
|
|
BJ'S WHOLESALE CLUB, INC., etc., VS LAURA BUGLIARO, et al.,
|
3D2019-2038
|
2019-10-24
|
Closed
|
|
| 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
15-6256
|
Parties
| Name |
BJ'S WHOLESALE CLUB, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
ANGELICA L. NOVICK, JAMES A. MCKEE, Kevin A. Reck, CHRISTINA M. KENNEDY, BENJAMIN J. GROSSMAN
|
|
| Name |
LAURA BUGLIARO
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
J. CLIFTON COX, Alan J. Kluger, ERIN E. BOHANNON, VICTOR M. DIAZ, JR., AMIT AGARWAL, Steve I. Silverman, Daniel M. Samson
|
|
| Name |
Hon. William Thomas
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2019-12-09
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB-45 days to 1/23/20
|
|
| Docket Date |
2019-12-09
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
BJ'S WHOLESALE CLUB, INC.
|
|
| Docket Date |
2019-11-08
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB- 30 days to 12/9/19
|
|
| Docket Date |
2019-11-07
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
BJ'S WHOLESALE CLUB, INC.
|
|
| Docket Date |
2019-10-24
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ RELATED CASES: 17-2229, 17-1495, 17-1476
|
| On Behalf Of |
BJ'S WHOLESALE CLUB, INC.
|
|
| Docket Date |
2019-10-24
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2019-10-24
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Aclnowledgment of new case with attachments. **The $300 filing fee for an appeal is due.
|
|
| Docket Date |
2020-12-28
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2020-12-28
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2020-12-02
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed - Authored Opinion ~ and remanded.
|
|
| Docket Date |
2020-11-03
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ 3DCA
|
|
| Docket Date |
2020-08-31
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ APPELLEES' NOTICE OF FILINGVICTOR M. DIAZ, JR., ESQ. AND ALAN J. KLUGER, ESQ.'S NOTICES OFACKNOWLEDGMENT OF ORAL ARGUMENT
|
| On Behalf Of |
LAURA BUGLIARO
|
|
| Docket Date |
2020-08-27
|
| Type |
Notice
|
| Subtype |
Notice of Oral Argument-Video Conference
|
| Description |
Remote OA Notice ~ This cause is hereby set for oral argument before the Third District Court of Appeal on FILLIN "Original date and time" TUESDAY, NOVEMBER 3, 2020, at 9:30 o’clock a.m., with ten (10) minutes allowed each side for presentation of oral argument.. Due to the circumstances surrounding the COVID-19 pandemic, the oral argument will not be held at the courthouse. Instead, the oral argument will be held remotely, via the Zoom platform. Attached to this Notice you will find additional instructions for accessing the platform, and for testing your connections thereto. Counsel must return the Notice of Acknowledgment attached hereto within three (3) days of this Notice. The Notice has instructions for return.If for any reason counsel is unable to participate remotely, via the Zoom platform, please notify the Court promptly so that other arrangements can be made.The Court reserves the right to remove the case from the oral argument calendar at any time before the date of oral argument.
|
|
| Docket Date |
2020-07-27
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
BJ'S WHOLESALE CLUB, INC.
|
|
| Docket Date |
2020-07-27
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Motion For Oral Argument ~ APPELLANT'S REQUEST FOR ORAL ARGUMENT
|
| On Behalf Of |
BJ'S WHOLESALE CLUB, INC.
|
|
| Docket Date |
2020-06-29
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Extension Granted RB with AO Language ~ Appellant’s Notice of Agreed Extension of Time to file a reply brief is treated as a motion for an extension of time to file the reply brief, and is granted to and including July 27, 2020, with no further extensions allowed. Counsel please note that this Court’s A03D13-01, Agreed Extensions of Time for Filing Briefs in Certain Appeals, was amended, and, effective June 3, 2019, “[a]ny extension of time for filing a reply brief must be requested by motion to the Court.”
|
|
| Docket Date |
2020-06-26
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
BJ'S WHOLESALE CLUB, INC.
|
|
| Docket Date |
2020-06-02
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ APPENDIX TO ANSWER BRIEF OF APPELLEE
|
| On Behalf Of |
LAURA BUGLIARO
|
|
| Docket Date |
2020-06-02
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
LAURA BUGLIARO
|
|
| Docket Date |
2020-05-21
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
LAURA BUGLIARO
|
|
| Docket Date |
2020-05-21
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ AB-7 days to 6/02/20
|
|
| Docket Date |
2020-04-23
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ AB-30 days to 5/25/20
|
|
| Docket Date |
2020-04-22
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
LAURA BUGLIARO
|
|
| Docket Date |
2020-02-19
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ AB-60 days to 4/24/20
|
|
| Docket Date |
2020-02-19
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
LAURA BUGLIARO
|
|
| Docket Date |
2020-01-23
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
BJ'S WHOLESALE CLUB, INC.
|
|
| Docket Date |
2020-01-23
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits ~ INITIAL BRIEF OF APPELLANT, BJ'S WHOLESALE CLUB, INC.
|
| On Behalf Of |
BJ'S WHOLESALE CLUB, INC.
|
|
|
|
BJ'S WHOLESALE CLUB, INC., VS LAURA BUGLIARO, etc., et al.,
|
3D2017-2229
|
2017-10-11
|
Closed
|
|
| 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
15-6256
|
Parties
| Name |
BJ'S WHOLESALE CLUB, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
CHRISTINA M. KENNEDY, Kevin A. Reck, BENJAMIN J. GROSSMAN, BRANDON J. WILLIAMS, JAMES A. MCKEE
|
|
| Name |
Department of Revenue
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
LAURA BUGLIARO
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Daniel M. Samson, Steve I. Silverman, ERIN E. BOHANNON, EDWARD M. WENGER, VICTOR M. DIAZ, JR., J. CLIFTON COX, Alan J. Kluger, JORGE D. LORENZO, AMIT AGARWAL
|
|
| Name |
HON. JOHN W. THORNTON, JR.
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2019-12-23
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2019-12-23
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2019-12-05
|
| Type |
Order
|
| Subtype |
Order on Motion For Clarification
|
| Description |
Clarification denied (OD57D) ~ Upon consideration, the appellant's Motion for Clarification is hereby denied. SALTER, FERNANDEZ and LOBREE, JJ., concur.
|
|
| Docket Date |
2019-11-12
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE IN OPPOSITION TO APPELLANT'S MOTION FORCLARIFICATION
|
| On Behalf Of |
LAURA BUGLIARO
|
|
| Docket Date |
2019-10-25
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Clarification
|
| Description |
Motion For Clarification
|
| On Behalf Of |
BJ'S WHOLESALE CLUB, INC.
|
|
| Docket Date |
2019-10-10
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2019-10-10
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Appeal Dismissed by the Court (DA11) ~ Upon the Court’s own motion, it is ordered that the above-styled appeal is hereby dismissed as moot. See BJ’s Wholesale Club, Inc. v. Bugliaro, 273 So. 3d 1119 (Fla. 3d DCA 2019).
|
|
| Docket Date |
2018-10-29
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ 3DCA
|
|
| Docket Date |
2018-10-16
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice Rescheduling Oral Argument
|
|
| Docket Date |
2018-08-17
|
| Type |
Notice
|
| Subtype |
Notice of Oral Argument
|
| Description |
Notice of Oral Argument
|
|
| Docket Date |
2018-08-14
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
BJ'S WHOLESALE CLUB, INC.
|
|
| Docket Date |
2018-08-13
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
BJ'S WHOLESALE CLUB, INC.
|
|
| Docket Date |
2018-07-12
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Extension granted to file reply brief NFE (OG05A) ~ Upon consideration, appellant's motion for an extension of time to file the reply brief is granted to and including thirty (30) days from the date of this order, with no further extensions allowed.
|
|
| Docket Date |
2018-07-10
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief ~ UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE REPLY BRIEF
|
| On Behalf Of |
BJ'S WHOLESALE CLUB, INC.
|
|
| Docket Date |
2018-06-12
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ RB-30 days to 7/11/18
|
|
| Docket Date |
2018-06-11
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time ~ NOTICE OF AGREED EXTENSION OF TIME TO FILE REPLY BRIEF
|
| On Behalf Of |
BJ'S WHOLESALE CLUB, INC.
|
|
| Docket Date |
2018-05-15
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
LAURA BUGLIARO
|
|
| Docket Date |
2018-05-15
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
LAURA BUGLIARO
|
|
| Docket Date |
2018-03-15
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Extension granted to file answer brief NFE (OG04A) ~ Appellees’ notice of agreed extension of time to file the answer brief is treated as a motion for an extension of time to file the answer brief, and the motion is granted to and including May 15, 2018, with no further extensions allowed. If said brief is not timely filed in accordance with this order, appellee(s) will be precluded from filing an answer brief and/or presenting oral argument to the court in this cause.
|
|
| Docket Date |
2018-03-12
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
LAURA BUGLIARO
|
|
| Docket Date |
2018-01-09
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ AB (Laura Bugliaro, etc.)-60 days to 3/16/18
|
|
| Docket Date |
2018-01-09
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
LAURA BUGLIARO
|
|
| Docket Date |
2017-12-19
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
BJ'S WHOLESALE CLUB, INC.
|
|
| Docket Date |
2017-12-19
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
BJ'S WHOLESALE CLUB, INC.
|
|
| Docket Date |
2017-11-15
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
LAURA BUGLIARO
|
|
| Docket Date |
2017-11-13
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar or Related Case
|
| On Behalf Of |
BJ'S WHOLESALE CLUB, INC.
|
|
| Docket Date |
2017-10-13
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB-60 days to 12/19/17
|
|
| Docket Date |
2017-10-13
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time ~ NOTICE OF AGREED EXTENSION OF TIME TO FILE INITIAL BRIEF
|
| On Behalf Of |
BJ'S WHOLESALE CLUB, INC.
|
|
| Docket Date |
2017-10-11
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2017-10-11
|
| Type |
Notice
|
| Subtype |
Notice of Appeal Transmittal Form
|
| Description |
Notice of Transmittal--NOA
|
| On Behalf Of |
BJ'S WHOLESALE CLUB, INC.
|
|
| Docket Date |
2017-10-11
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Aclnowledgment of new case with attachments. **The $300 filing fee for an appeal is due.
|
|
|
|
BJ'S WHOLESALE CLUB, INC., etc., VS LAURA BUGLIARO, etc., et al.,
|
3D2017-1495
|
2017-06-29
|
Closed
|
|
| 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
15-6256
|
Parties
| Name |
BJ'S WHOLESALE CLUB, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
BENJAMIN J. GROSSMAN, CHRISTINA M. KENNEDY, JAMES A. MCKEE, Kevin A. Reck, BRANDON J. WILLIAMS
|
|
| Name |
LAURA BUGLIARO
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
EDWARD M. WENGER, JORGE D. LORENZO, Daniel M. Samson, J. CLIFTON COX, ERIN E. BOHANNON, Steve I. Silverman, Alan J. Kluger, AMIT AGARWAL, VICTOR M. DIAZ, JR.
|
|
| Name |
Department of Revenue
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HON. JOHN W. THORNTON, JR.
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2019-05-24
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2019-05-24
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2019-05-08
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed - Authored Opinion ~ and Remanded.
|
|
| Docket Date |
2018-03-14
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ 3DCA
|
|
| Docket Date |
2018-02-27
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
BJ'S WHOLESALE CLUB, INC.
|
|
| Docket Date |
2018-02-22
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER (OR999) ~ Appellants BJ's Wholesale Club and the State of Florida, Department of Revenue's motion to expand time for oral argument is granted as stated in the motion.EMAS, FERNANDEZ and LUCK, JJ., concur.
|
|
| Docket Date |
2018-02-20
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ Joint motion of the appellants to expand time for oral argument.
|
| On Behalf Of |
BJ'S WHOLESALE CLUB, INC.
|
|
| Docket Date |
2018-02-06
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
LAURA BUGLIARO
|
|
| Docket Date |
2018-02-02
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
LAURA BUGLIARO
|
|
| Docket Date |
2018-02-02
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
LAURA BUGLIARO
|
|
| Docket Date |
2018-01-18
|
| Type |
Notice
|
| Subtype |
Notice of Oral Argument
|
| Description |
Notice of Oral Argument
|
|
| Docket Date |
2018-01-12
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ Under Seal
|
| On Behalf Of |
LAURA BUGLIARO
|
|
| Docket Date |
2018-01-12
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
LAURA BUGLIARO
|
|
| Docket Date |
2017-12-12
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
Motion to Withdraw Granted (OG44) ~ The motion for leave to withdraw as counsel is granted, and Jonathan L. Williams, Deputy Solicitor General is withdrawn as counsel for the Department of Revenue, and relieved from any further responsibility in this cause.
|
|
| Docket Date |
2017-12-08
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
LAURA BUGLIARO
|
|
| Docket Date |
2017-12-01
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Extension granted to file answer brief NFE (OG04A) ~ Appellees’ notice of agreed extension of time to file the answer brief is treated as a motion for an extension of time to file the answer brief, and the motion is granted to and including February 2, 2018, with no further extensions allowed. If said brief is not timely filed in accordance with this order, appellee(s) will be precluded from filing an answer brief and/or presenting oral argument to the court in this cause.
|
|
| Docket Date |
2017-11-28
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
LAURA BUGLIARO
|
|
| Docket Date |
2017-11-15
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
LAURA BUGLIARO
|
|
| Docket Date |
2017-09-26
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
LAURA BUGLIARO
|
|
| Docket Date |
2017-09-26
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ AB-60 days to 12/4/17
|
|
| Docket Date |
2017-09-08
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
BJ'S WHOLESALE CLUB, INC.
|
|
| Docket Date |
2017-09-08
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Initial Brief
|
| On Behalf Of |
BJ'S WHOLESALE CLUB, INC.
|
|
| Docket Date |
2017-08-31
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion Denied (OD999) ~ Upon consideration, appellant’s motion for reconsideration of the Court’s August 29, 2017 order is denied.
|
|
| Docket Date |
2017-08-29
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ to motion for reconsideration of order denying leave to file enlarged initial brief.
|
| On Behalf Of |
LAURA BUGLIARO
|
|
| Docket Date |
2017-08-29
|
| Type |
Motions Other
|
| Subtype |
Motion for Reconsideration/Rehearing of an Order
|
| Description |
Motion For Reconsideration ~ of order denying leave to file enlarged initial brief
|
| On Behalf Of |
BJ'S WHOLESALE CLUB, INC.
|
|
| Docket Date |
2017-08-25
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits ~ STRICKEN-SEE ORDER FROM 8/29/17
|
| On Behalf Of |
BJ'S WHOLESALE CLUB, INC.
|
|
| Docket Date |
2017-08-25
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion To File Enlarged Brief
|
| Description |
Motion To File Enlarged Brief
|
| On Behalf Of |
BJ'S WHOLESALE CLUB, INC.
|
|
| Docket Date |
2017-08-25
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
BJ'S WHOLESALE CLUB, INC.
|
|
| Docket Date |
2017-07-25
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
Consolidation denied (OD24) ~ Upon consideration, the parties¿ joint motion to consolidate for all purposes is hereby denied. The cases are consolidated for the purposes of the record, oral argument and decision, but not for briefing.
|
|
| Docket Date |
2017-07-20
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
LAURA BUGLIARO
|
|
| Docket Date |
2017-07-20
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ to motion to consolidate
|
| On Behalf Of |
LAURA BUGLIARO
|
|
| Docket Date |
2017-07-19
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
LAURA BUGLIARO
|
|
| Docket Date |
2017-07-10
|
| 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 ($300.00) dollar fee is paid to the Clerk of the Court on or before July 20, 2017.
|
|
| Docket Date |
2017-07-10
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate
|
| On Behalf Of |
LAURA BUGLIARO
|
|
| Docket Date |
2017-07-10
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
BJ'S WHOLESALE CLUB, INC.
|
|
| Docket Date |
2017-07-07
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar or Related Case
|
| On Behalf Of |
LAURA BUGLIARO
|
|
| Docket Date |
2017-07-06
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
BJ'S WHOLESALE CLUB, INC.
|
|
| Docket Date |
2017-07-05
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
LAURA BUGLIARO
|
|
| Docket Date |
2017-06-29
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ PRIOR CASE: 17-1476
|
| On Behalf Of |
BJ'S WHOLESALE CLUB, INC.
|
|
| Docket Date |
2017-06-29
|
| 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 |
2017-06-29
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
STATE OF FLORIDA DEPARTMENT OF REVENUE, VS LAURA BUGLIARO, etc., et al.,
|
3D2017-1476
|
2017-06-28
|
Closed
|
|
| 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
15-6256
|
Parties
| Name |
Department of Revenue
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
J. CLIFTON COX, AMIT AGARWAL, EDWARD M. WENGER
|
|
| Name |
BJ'S WHOLESALE CLUB, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
LAURA BUGLIARO
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Alan J. Kluger, WILLIAM E. DAVIS, Kevin A. Reck, Steve I. Silverman, CHRISTINA M. KENNEDY, VICTOR M. DIAZ, JR., ERIN E. BOHANNON, BENJAMIN J. GROSSMAN, JAMES A. MCKEE, JORGE D. LORENZO, Daniel M. Samson, BRANDON J. WILLIAMS
|
|
| Name |
HON. JOHN W. THORNTON, JR.
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2017-06-28
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Department of Revenue
|
|
| Docket Date |
2019-05-24
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2019-05-24
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2019-05-08
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed - Authored Opinion ~ and Remanded.
|
|
| Docket Date |
2018-05-23
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Stay Granted (OG26) ~ Upon consideration, appellant’s motion for stay pending resolution of appeal is granted. The trial court proceedings are stayed pending further order of this Court. EMAS, FERNANDEZ and LUCK, JJ., concur.
|
|
| Docket Date |
2018-05-22
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay ~ pending appeal
|
| On Behalf Of |
Department of Revenue
|
|
| Docket Date |
2018-03-14
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ 3DCA
|
|
| Docket Date |
2018-02-22
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER (OR999) ~ Appellants BJ's Wholesale Club and the State of Florida, Department of Revenue’s motion to expand time for oral argument is granted as stated in the motion.EMAS, FERNANDEZ and LUCK, JJ., concur.
|
|
| Docket Date |
2018-02-21
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ Joint motion of the appellants to expand time for o/a
|
| On Behalf Of |
LAURA BUGLIARO
|
|
| Docket Date |
2018-02-06
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Department of Revenue
|
|
| Docket Date |
2018-01-18
|
| Type |
Notice
|
| Subtype |
Notice of Oral Argument
|
| Description |
Notice of Oral Argument
|
|
| Docket Date |
2018-01-16
|
| Type |
Notice
|
| Subtype |
Notice of Oral Argument
|
| Description |
Notice of Oral Argument
|
|
| Docket Date |
2018-01-12
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
LAURA BUGLIARO
|
|
| Docket Date |
2018-01-12
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ Under Seal
|
| On Behalf Of |
LAURA BUGLIARO
|
|
| Docket Date |
2018-01-11
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Department of Revenue
|
|
| Docket Date |
2017-12-12
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
Motion to Withdraw Granted (OG44) ~ The motion for leave to withdraw as counsel is granted, and Jonathan L. Williams, Deputy Solicitor General is withdrawn as counsel for appellant, and relieved from any further responsibility in this cause.
|
|
| Docket Date |
2017-12-08
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
Department of Revenue
|
|
| Docket Date |
2017-11-15
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
LAURA BUGLIARO
|
|
| Docket Date |
2017-11-13
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Extension granted to file answer brief NFE (OG04A) ~ Appellees’ notice of agreed extension of time to file the answer brief is treated as a motion for an extension of time to file the answer brief, and the motion is granted to and including January 12, 2018, with no further extensions allowed. If said brief is not timely filed in accordance with this order, appellee(s) will be precluded from filing an answer brief and/or presenting oral argument to the court in this cause.
|
|
| Docket Date |
2017-11-09
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
LAURA BUGLIARO
|
|
| Docket Date |
2017-09-14
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ AB (Laura Bugliaro individually, and on behalf of all others similary situated)-60 days to 11/13/17
|
|
| Docket Date |
2017-09-12
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
LAURA BUGLIARO
|
|
| Docket Date |
2017-08-25
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
Department of Revenue
|
|
| Docket Date |
2017-08-25
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Department of Revenue
|
|
| Docket Date |
2017-08-25
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
Department of Revenue
|
|
| Docket Date |
2017-07-25
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
Consolidation denied (OD24) ~ Upon consideration, the parties¿ joint motion to consolidate for all purposes is hereby denied. The cases are consolidated for the purposes of the record, oral argument and decision, but not for briefing.
|
|
| Docket Date |
2017-07-20
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
LAURA BUGLIARO
|
|
| Docket Date |
2017-07-20
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ Motion to Consolidate
|
| On Behalf Of |
LAURA BUGLIARO
|
|
| Docket Date |
2017-07-19
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
LAURA BUGLIARO
|
|
| Docket Date |
2017-07-10
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
Department of Revenue
|
|
| Docket Date |
2017-07-10
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate
|
| On Behalf Of |
Department of Revenue
|
|
| Docket Date |
2017-07-10
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB-48 days to 8/25/17
|
|
| Docket Date |
2017-07-07
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar or Related Case
|
| On Behalf Of |
Department of Revenue
|
|
| Docket Date |
2017-07-06
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
LAURA BUGLIARO
|
|
| Docket Date |
2017-07-05
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Department of Revenue
|
|
| Docket Date |
2017-06-28
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments.
|
|
| Docket Date |
2017-06-28
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
WW1:Waived-9.430
|
|
|
|
BJ'S WHOLESALE CLUB, INC., VS ANDREA MCKAY,
|
3D2017-0278
|
2017-02-08
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
14-13183
|
Parties
| Name |
BJ'S WHOLESALE CLUB, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
DAVID J. MAJCAK, RODNEY J. JANIS
|
|
| Name |
ANDREA MCKAY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Gregory Deutch
|
|
| Name |
Hon. Pedro P. Echarte, Jr.
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2017-03-01
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2017-03-01
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2017-02-09
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
Certiorari Denied (No Response) (DA30B) ~ Following review of the emergency petition for writ of certiorari, it is ordered that said petition is hereby denied.
|
|
| Docket Date |
2017-02-09
|
| Type |
Disposition by Opinion
|
| Subtype |
Denied
|
| Description |
Denied - Order by Judge
|
|
| Docket Date |
2017-02-08
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. **The $300 filing fee for a petition is due.
|
|
| Docket Date |
2017-02-08
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
BJ'S WHOLESALE CLUB, INC.
|
|
| Docket Date |
2017-02-08
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2017-02-08
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Filed
|
| On Behalf Of |
BJ'S WHOLESALE CLUB, INC.
|
|
|
|
BJ'S WHOLESALE CLUB, INC. VS MELISSA LAHUIS
|
4D2016-2057
|
2016-06-17
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, Martin County
4320151115CA
|
Parties
| Name |
BJ'S WHOLESALE CLUB, INC.
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Megan McNamara, Tania Williams, Catherine Higgins
|
|
| Name |
MELISSA LAHUIS
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Alfred Russell Bell, Jr., BARRY N. HEISLER
|
|
| Name |
HON. F. SHIELDS MCMANUS
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Martin
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2016-08-17
|
| Type |
Disposition
|
| Subtype |
Denied
|
| Description |
Denied - Order by Judge
|
|
| Docket Date |
2016-08-08
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Order Denying Emergency Motion to Stay ~ ORDERED that the petitioner's July 12, 2016 emergency motion for stay pending appeal is denied.
|
|
| Docket Date |
2016-07-28
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Response
|
| On Behalf Of |
BJ'S Wholesale Club, Inc.
|
|
| Docket Date |
2016-07-21
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
BJ'S Wholesale Club, Inc.
|
|
| Docket Date |
2016-07-20
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
MELISSA LAHUIS
|
|
| Docket Date |
2016-07-20
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
MELISSA LAHUIS
|
|
| Docket Date |
2016-07-20
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
MELISSA LAHUIS
|
|
| Docket Date |
2016-07-12
|
| Type |
Motions Other
|
| Subtype |
Request for Emergency Treatment
|
| Description |
Request for Emergency Treatment
|
| On Behalf Of |
BJ'S Wholesale Club, Inc.
|
|
| Docket Date |
2016-07-12
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO EMERGENCY MOTION TO STAY
|
| On Behalf Of |
BJ'S Wholesale Club, Inc.
|
|
| Docket Date |
2016-06-30
|
| Type |
Order
|
| Subtype |
Show Cause re Petition
|
| Description |
ORD-Writs Show Cause with Reply ~ ORDERED that respondent shall file a response within twenty (20) days and show cause why the petition should not be granted. Petitioner may file a reply within ten (10) days of service of the response.
|
|
| Docket Date |
2016-06-20
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Writ of Certiorari / Acknowledgment letter
|
|
| Docket Date |
2016-06-20
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
| On Behalf Of |
BJ'S Wholesale Club, Inc.
|
|
| Docket Date |
2016-06-17
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2016-06-17
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed
|
| On Behalf Of |
BJ'S Wholesale Club, Inc.
|
|
| Docket Date |
2016-08-17
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
Order Denying Petition for Writ - Certiorari ~ ORDERED that the June 17, 2016 petition for writ of certiorari is denied.WARNER, LEVINE and FORST, JJ., concur.
|
|
| Docket Date |
2016-07-13
|
| Type |
Order
|
| Subtype |
Order on Request for Emergency Treatment
|
| Description |
Denying Request for Emergency Treatment ~ ORDERED that petitioner's request for emergency treatment is denied. The matter at issue clearly does not qualify as an emergency under Administrative Order 2014-1. Petitioner's counsel, Tania Williams, Esq., is cautioned that that any future violations of this rule may result in sanctions. See Fla. R. App. P. 9.410(a).
|
|
| Docket Date |
2016-06-20
|
| 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.
|
|
|
|
NANCY JAGIELSKI, etc., VS AFA PROTECTIVE SYSTEMS, INC., et al.,
|
3D2016-0345
|
2016-02-12
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Prohibition
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
12-39947
|
Parties
| Name |
Nancy Jagielski
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Daniel M. Samson, DANIEL D. DOLAN, II
|
|
| Name |
BJ'S WHOLESALE CLUB, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Joseph Cabrera
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
DIANA SANTA MARIA
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Damien Taylor
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
AFA PROTECTIVE SYSTEMS, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Brandon G. Waas, RICARDO J. FERNANDEZ
|
|
| Name |
HON. RODNEY SMITH
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2016-03-09
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2016-03-09
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2016-02-12
|
| Type |
Disposition by Opinion
|
| Subtype |
Denied
|
| Description |
Denied - Order by Judge
|
|
| Docket Date |
2016-02-12
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2016-02-12
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Filed
|
| On Behalf Of |
Nancy Jagielski
|
|
| Docket Date |
2016-02-12
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
Nancy Jagielski
|
|
| Docket Date |
2016-02-12
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. **The $300 filing fee for a petition is due.
|
|
| Docket Date |
2016-02-12
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
Prohibition Denied (No Response) (DA32B) ~ Following review of the emergency petition for writ of prohibition, it is ordered that said petition is hereby denied without prejudice to the right to appeal from an order granting a charging lien.
|
|
|
|
ALICE AND CHARLES BENNETT, VS BJ'S WHOLESALE CLUB, INC.,
|
3D2011-2863
|
2011-11-07
|
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
08-56315
|
Parties
| Name |
ALICE BENNETT
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
KEITH CHASIN
|
|
| Name |
BJ'S WHOLESALE CLUB, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
ANDREW J. RADER
|
|
| Name |
Hon. Beatrice Butchko
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Harvey Ruvin
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2014-10-17
|
| Type |
Record
|
| Subtype |
Returned Records
|
| Description |
Returned Records ~ 3 VOLUMES.
|
|
| Docket Date |
2014-01-13
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing ~ 2nd Release
|
|
| Docket Date |
2013-08-29
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Opinion
|
| Description |
Supreme Court Disposition ~ pet. motion for reinstatement is hereby granted and it is ordered that the above is case is reinstated. pet is allowed to and in which ti serve a brief on jurisdiction. rs shall have twenty days after service of pet. jurisdiction brief in which to servea jursidictional brief.
|
|
| Docket Date |
2013-04-15
|
| Type |
Supreme Court
|
| Subtype |
Acknowledged Receipt from Supreme Court
|
| Description |
Acknowledged Receipt from Supreme Court
|
|
| Docket Date |
2013-03-19
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
NOTICE OF DISCRETN. JURISDICTN
|
|
| Docket Date |
2013-03-01
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2013-02-13
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2013-02-13
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing and Rehearing En Banc
|
| Description |
Rehearing & Rehearing en banc denied (OD57A)
|
|
| Docket Date |
2013-01-17
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ to aa motion for rehearing, rehearing en banc, certification, and clarification
|
|
| Docket Date |
2013-01-09
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ motion for certification
|
| On Behalf Of |
ALICE BENNETT
|
|
| Docket Date |
2013-01-09
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing
|
| On Behalf Of |
ALICE BENNETT
|
|
| Docket Date |
2012-03-02
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Clerk's notice granting eot (CLKEX) ~ Entered: 0 Envelopes
|
|
| Docket Date |
2013-01-03
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
Extension granted to file rehearing (OG06)
|
|
| Docket Date |
2012-12-26
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ to file motion for rehearing and pet. for certification
|
| On Behalf Of |
ALICE BENNETT
|
|
| Docket Date |
2012-12-12
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed - Authored Opinion ~ ORDER VACATED
|
|
| Docket Date |
2012-10-17
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ 3rd DCA
|
|
| Docket Date |
2012-09-04
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ of designation of email address
|
|
| Docket Date |
2012-08-13
|
| Type |
Notice
|
| Subtype |
Notice of Oral Argument
|
| Description |
Notice of Oral Argument
|
|
| Docket Date |
2012-08-02
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
ALICE BENNETT
|
|
| Docket Date |
2012-06-08
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Clerk's notice granting eot (CLKEX)
|
|
| Docket Date |
2012-06-06
|
| 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 |
ALICE BENNETT
|
|
| Docket Date |
2012-05-31
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument ~ AT Richard A. Sherman 184170 AE Andrew J. Rader 421987 AA Keith Chasin 350087
|
|
| Docket Date |
2012-05-31
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
|
| Docket Date |
2012-05-31
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief w/Appendix ~ cross-appellant
|
|
| Docket Date |
2012-05-22
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Clerk's notice granting eot (CLKEX)
|
|
| Docket Date |
2012-05-21
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief
|
|
| Docket Date |
2012-04-18
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Clerk's notice granting eot (CLKEX)
|
|
| Docket Date |
2012-04-17
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief
|
|
| Docket Date |
2012-04-02
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
|
| Docket Date |
2012-04-02
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
ALICE BENNETT
|
|
| Docket Date |
2012-03-22
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Mot to Supplement Rec w/attachment Granted (OG13) ~ Appellants/cross-appellees' March 8, 2012 motion to supplement the record is granted, and the record on appeal is supplemented to include the document and transcript which are attached to said motion.
|
|
| Docket Date |
2012-03-12
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ of receipt of record on appeal
|
| On Behalf Of |
ALICE BENNETT
|
|
| Docket Date |
2012-03-08
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion Supplem/Record with/Attached
|
| On Behalf Of |
ALICE BENNETT
|
|
| Docket Date |
2012-02-29
|
| 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 |
ALICE BENNETT
|
|
| Docket Date |
2012-01-27
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal ~ 3 volumes.
|
|
| Docket Date |
2012-01-10
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Extension Granted for Initial Brief (OGO3) ~ Appellants/cross-appellees' motion for an extension of time to file the initial brief is granted to and including February 24, 2012.
|
|
| Docket Date |
2012-01-05
|
| 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 |
ALICE BENNETT
|
|
| Docket Date |
2011-12-12
|
| 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 statutory required filing fee. Within ten (10) days from the date of this order, Richard A. Sherman, Sr., shall pay the required two hundred ninety-five ($295.00) dollar fee to the Clerk of the Court by cash, cashier's check or money order.
|
|
| Docket Date |
2011-12-08
|
| Type |
Notice
|
| Subtype |
Notice of Cross Appeal
|
| Description |
Notice of Cross Appeal
|
|
| Docket Date |
2011-11-18
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
|
| Docket Date |
2011-11-07
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2011-11-07
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
ALICE BENNETT
|
|
|
