|
ABB Inc., et al., Appellant(s), v. NCL (Bahamas) Ltd., Appellee(s).
|
3D2023-0302
|
2023-02-21
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
20-745
|
Parties
| Name |
ABB OY INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
NCL (Bahamas) Ltd.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Rebecca M. Plasencia, Cary Oren Aronovitz, Christopher Noel Bellows, Israel Jovanny Encinosa, Lauren Vanessa Lopez, Kayla Leland Pragid, Alex M. Gonzalez, Anthony Jose Sirven, Amit Agarwal
|
|
| Name |
HON. ALAN FINE
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Hon. Lisa S. Walsh
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
ABB, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Jessica Johnson Fishfeld, Mark Allan Salky, Bethany Jane Matilda Pandher, Eva Merian Spahn, David Andrew Coulson, Jared Reed Kessler, Brigid F. Cech Samole, Elliot H. Scherker
|
|
Docket Entries
| Docket Date |
2023-07-07
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
ABB Inc.
|
| View |
View File
|
|
| Docket Date |
2023-07-07
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement the Record
|
| On Behalf Of |
ABB Inc.
|
| View |
View File
|
|
| Docket Date |
2023-06-16
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
ABB Inc.
|
| View |
View File
|
|
| Docket Date |
2023-05-03
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
NCL (Bahamas) Ltd.
|
| View |
View File
|
|
| Docket Date |
2023-04-25
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ NOTICE OF COMPLIANCE WITH THE COURT'S APRIL 24, 2023 ORDER REGARDING NON-CONFORMING TRANSCRIPTS
|
| On Behalf Of |
ABB Inc.
|
| View |
View File
|
|
| Docket Date |
2023-04-24
|
| Type |
Order
|
| Subtype |
Order to Transmit Record/Supplemental Record on Appeal
|
| Description |
Non-Conforming Transcript Stricken ~ Upon review of the record/affidavits filed in this case, the Courthas determined that condensed transcripts fail to comply with therequirements of Florida Rules of Appellate Procedure 9.200(b)(4) and9.220(c)(4). Any such condensed transcripts filed after January 1, 2019,are hereby stricken. The responsible party (the party who seeks to havethe transcripts considered by this Court) shall file transcripts that complywith the Florida Rules of Appellate Procedure within thirty (30) days fromthe date of this Order.
|
| View |
View File
|
|
| Docket Date |
2023-07-11
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
ABB Inc.
|
| View |
View File
|
|
| Docket Date |
2024-01-10
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp. w/o Mandate
|
|
| Docket Date |
2024-01-10
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-01-10
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
IT IS HEREBY ORDERED that the parties' Stipulation for Dismissal of Appeal and Cross-Appeal is recognized by the Court, and this appeal and cross-appeal from the Circuit Court for Miami-Dade County, Florida, are hereby dismissed.
|
| View |
View File
|
|
| Docket Date |
2024-01-08
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Stipulation for Dismissal of Appeal and Cross-Appeal
|
| On Behalf Of |
ABB Inc.
|
| View |
View File
|
|
| Docket Date |
2023-10-13
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
The Notice of Withdrawal of Jay A. Yagoda is treated as a motion for
leave to withdraw as counsel, and the motion is granted. Jay A. Yagoda, Esquire, is
withdrawn as counsel for Appellants, and relieved from any further responsibility in this
cause.
Order on Motion To Withdraw as Counsel
|
| View |
View File
|
|
| Docket Date |
2023-10-12
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice of Withdrawal of Jay A. Yagoda
|
| On Behalf Of |
ABB Inc.
|
| View |
View File
|
|
| Docket Date |
2023-10-10
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Upon consideration, Appellants' Agreed Motion to Stay Appeal is granted.
|
| View |
View File
|
|
| Docket Date |
2023-10-09
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time for Serving Answer Brief and Initial Brief on Cross-Appeal
|
| On Behalf Of |
NCL (Bahamas) Ltd.
|
| View |
View File
|
|
| Docket Date |
2023-10-04
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Agreed Motion To Stay Appeal
|
| On Behalf Of |
ABB Inc.
|
| View |
View File
|
|
| Docket Date |
2023-08-04
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ AB and IB on Cross-Appeal - 60 days to 10/10/2023
|
|
| Docket Date |
2023-08-04
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
NCL (Bahamas) Ltd.
|
| View |
View File
|
|
| Docket Date |
2023-07-13
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Motion For Oral Argument
|
| On Behalf Of |
ABB Inc.
|
| View |
View File
|
|
| Docket Date |
2023-07-12
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
ABB Inc.
|
| View |
View File
|
|
| Docket Date |
2023-07-12
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Mot to Supplement Rec w/attachment Granted (OG13) ~ Appellants' Unopposed Motion to Supplement the Record on Appeal, filed on July 7, 2023, is granted, and the record on appeal is supplemented to include the documents and transcripts that are contained in the appendices to the Motion.
|
| View |
View File
|
|
| Docket Date |
2023-06-16
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB-15 days to 07/12/2023
|
|
| Docket Date |
2023-04-19
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
NCL (Bahamas) Ltd.
|
|
| Docket Date |
2023-04-19
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records
|
| On Behalf Of |
ABB Inc.
|
|
| Docket Date |
2023-04-19
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement the Record ~ APPELLANTS ABB INC. AND ABB OY'S MOTION TO SUPPLEMENT RECORD ON APPEAL WITH TRIAL TRANSCRIPTS
|
| On Behalf Of |
ABB Inc.
|
|
| Docket Date |
2023-04-11
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB-60 days to 06/27/2023
|
|
| Docket Date |
2023-04-07
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
ABB Inc.
|
|
| Docket Date |
2023-04-06
|
| Type |
Record
|
| Subtype |
Record on Appeal Confidential
|
| Description |
Confidential Records ~ Sealed Pleading
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2023-03-16
|
| Type |
Notice
|
| Subtype |
Notice of Appeal Transmittal Form
|
| Description |
Notice of Transmittal--NOA
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2023-03-16
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Pay Filing Fee on Cr-app,joinders,intervene(OR14K) ~ A notice of cross-appeal has been filed in this cause without the required statutory filing fee. Within ten (10) days from the date of this Order, NCL (Bahamas) Ltd., shall pay the required two hundred ninety-five dollar ($295.00) fee to the Clerk of the Court by cash, cashier’s check, money order, or electronically through the Florida Courts E-Filing Portal.
|
|
| Docket Date |
2023-03-16
|
| Type |
Misc. Events
|
| Subtype |
Cross-Notice Filing Fee Paid through Portal
|
| Description |
CROSS NOTICE FILING FEE PAID THROUGH PORTAL
|
| On Behalf Of |
NCL (Bahamas) Ltd.
|
|
| Docket Date |
2023-02-22
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
ABB Inc.
|
|
| Docket Date |
2023-02-21
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ Related cases: 21-1050 and 20-1162
|
| On Behalf Of |
ABB Inc.
|
| View |
View File
|
|
| Docket Date |
2023-02-21
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee-civil w/atty (OR14B) ~ This is to notify counsel for Appellants that the filing and prosecution of a notice of appeal in this Court is not acceptable without compliance with the Florida Rules of Appellate Procedure. Therefore, this appeal will be dismissed unless the required three hundred dollar ($300.00) fee is paid to the Clerk of the Court on or before March 3, 2023.
|
|
| Docket Date |
2023-02-21
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
| On Behalf Of |
ABB Inc.
|
|
| Docket Date |
2023-02-21
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case letter with attachments. The 3DCA $300 filing fee for a notice of appeal is due.
|
|
|
|
NCL (BAHAMAS) LTD., VS ABB INC., et al.,
|
3D2021-1050
|
2021-05-03
|
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
20-745
|
Parties
| Name |
NCL (BAHAMAS) LTD.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
REBECCA J. CANAMERO, ISRAEL J. ENCINOSA, ANTHONY J. SIRVEN, SANFORD L. BOHRER, Christopher N. Bellows, Cary O. Aronovitz, ALEX M. GONZALEZ
|
|
| Name |
ABB, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
KATHERINE M. CLEMENTE, ANGELA A. KORGE, DAVID A. COULSON, JARED R. KESSLER, Michael N. Kreitzer, ELLIOT H. SCHERKER, EVA M. SPAHN
|
|
| Name |
ABB LTD.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ABB OY INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. William Thomas
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-05-28
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER (OR999) ~ Appellant has filed a Notice that the trial court granted rehearing of the order on appeal, and suggesting that this Court is therefore without jurisdiction. Appellee is directed to file a response to Appellant's Notice, within ten (10) days from the date of this Order, addressing whether it agrees that this Court no longer has jurisdiction, or that the appeal is otherwise moot.
|
|
| Docket Date |
2021-06-22
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2021-06-22
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-06-02
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2021-06-02
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Appeal Dismissed by the Court (DA11) ~ Appellee ABB Ltd.’s Response to Appellant’s Notice of Disposition of Motion for Rehearing in Trial Court is noted. Upon the Court’s own motion, it is ordered that the above-styled appeal is hereby dismissed as moot.
|
|
| Docket Date |
2021-05-28
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLEE'S RESPONSE TO APPELLANT'S NOTICE OFDISPOSITION OF MOTION FOR REHEARING IN TRIAL COURT
|
| On Behalf Of |
ABB INC.
|
|
| Docket Date |
2021-05-27
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ NCL's NOTICE OF DISPOSITION OF MOTIONFOR REHEARING IN TRIAL COURT (GRANTED)
|
| On Behalf Of |
NCL (BAHAMAS) LTD.
|
|
| Docket Date |
2021-05-05
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
ABB INC.
|
|
| Docket Date |
2021-05-03
|
| 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 13, 2021.
|
|
| Docket Date |
2021-05-03
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
| On Behalf Of |
NCL (BAHAMAS) LTD.
|
|
| Docket Date |
2021-05-03
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case letter with attachments. **The $300 3DCA filing fee for an appeal is due.
|
|
| Docket Date |
2021-05-03
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ RELATED CASE: 20-1162
|
| On Behalf Of |
NCL (BAHAMAS) LTD.
|
|
|
|
NCL (BAHAMAS) LTD., VS ABB OY, et al.,
|
3D2020-1162
|
2020-08-17
|
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
20-745
|
Parties
| Name |
NCL (BAHAMAS) LTD.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
SANFORD L. BOHRER, ISRAEL J. ENCINOSA, ALEX M. GONZALEZ, REBECCA J. CANAMERO, Christopher N. Bellows
|
|
| Name |
ABB OY INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ABB, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ABB LTD.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
ELLIOT H. SCHERKER, DAVID A. COULSON, Brigid F. Cech Samole, EVA M. SPAHN, Michael N. Kreitzer
|
|
| Name |
Hon. William Thomas
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-08-17
|
| Type |
Notice
|
| Subtype |
Notice of Appeal Transmittal Form
|
| Description |
Notice of Transmittal--NOA
|
| On Behalf Of |
ABB LTD.
|
|
| Docket Date |
2020-08-17
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2020-09-30
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2020-09-30
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2020-09-10
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2020-09-10
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Appeal Dismissed by the Court ATFANAO (DA11A) ~ Following review of Appellant’s Response to this Court’s August 27, 2020, Order to Show Cause, it is ordered that the above-styled appeal is hereby dismissed as taken from a non-final, non-appealable order.
|
|
| Docket Date |
2020-09-03
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ NCL'S RESPONSE TO ORDER TO SHOW CAUSE
|
| On Behalf Of |
NCL (BAHAMAS) LTD.
|
|
| Docket Date |
2020-08-27
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Why App.Shldn't be DATFANAO(OR12G) ~ Upon consideration, Appellant's Motion for a forty-five (45) day Extension of Time to file the initial brief is hereby deferred. Appellant shall show cause within ten (10) days from the date of this Order why this appeal should not be dismissed for lack of jurisdiction as taken from a non-final, non-appealable order.
|
|
| Docket Date |
2020-08-26
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
ABB LTD.
|
|
| Docket Date |
2020-08-26
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
ABB LTD.
|
|
| Docket Date |
2020-08-25
|
| 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 |
NCL (BAHAMAS) LTD.
|
|
| Docket Date |
2020-08-18
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
NCL (BAHAMAS) LTD.
|
|
| Docket Date |
2020-08-18
|
| 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 28, 2020.
|
|
| Docket Date |
2020-08-17
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. **The $300 filing fee for an appeal is due.
|
|
|
|
BRIAN FERNALLD VS ABB, INC., LEWIS NODDIN and LAURA NODDIN
|
4D2020-1441
|
2020-06-23
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE16-016854 (08)
|
Parties
| Name |
Brian Fernalld
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Chris Kleppin
|
|
| Name |
ABB, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Pedro Torres-Diaz, Anisley Tarragona
|
|
| Name |
Lewis Noddin
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Laura Noddin
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. David A. Haimes
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-09-14
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF ATTORNEY APPEARANCE FOR ORAL ARGUMENT
|
| On Behalf Of |
ABB, INC.
|
|
| Docket Date |
2021-11-19
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2021-11-19
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-10-28
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2021-10-26
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ 4DCA
|
|
| Docket Date |
2021-09-10
|
| Type |
Order
|
| Subtype |
Order Re: Video Oral Argument
|
| Description |
Order Re: Video Oral Argument ~ ORDERED that oral argument in this case is rescheduled for October 26, 2021, at 9:30 A.M. for 15 minutes per side through Zoom video conference. In criminal cases where a victim, as defined in Article I, Section 16(e) of the Florida Constitution, has invoked their right to notice under Article I, Section 16(b)(6) of the Florida Constitution, the State shall provide the victim with notice of this oral argument and of any changes to the scheduled date or time.The parties are advised that the only attorneys permitted into the Zoom meeting will be those who will be arguing before the court. Attorneys who will not be arguing before the court may watch the public live stream of the oral argument via the court’s website. In addition, attorneys who will be arguing before the court shall attend a Zoom orientation/test session with court staff from 3:30pm to 3:45pm on either September 29, 2021 or October 4, 2021 at Zoom meeting ID
|
|
| Docket Date |
2021-08-05
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
ORD-Setting Oral Argument ~ This case is set for Oral Argument on October 26, 2021, at 9:30 A.M. for 15 minutes per side, in person at the Fourth District Court of Appeal Courthouse. If a side anticipates more than two attorneys sitting at counsel table during oral argument, it shall contact the Marshal’s Office by phone at least two business days before the oral argument session. The court calendars can be viewed on this court's website at www.4dca.org. In criminal cases where a victim, as defined in Article I, Section 16(e) of the Florida Constitution, has invoked their right to notice under Article I, Section 16(b)(6) of the Florida Constitution, the State shall provide the victim with notice of this oral argument and of any changes to the scheduled date or time.Within seven (7) days from the date of this order, either side may file a motion for remote oral argument, which, if granted, would take place on Wednesday or Thursday of the same week as the currently scheduled in-person oral argument, with the date and time to be set by further order of this court. Before filing the motion, the moving party shall confer with the opposing side to ascertain whether the opposing side agrees to a remote oral argument. The motion shall state: (1) the reasons why remote oral argument is requested; and (2) whether the opposing side consents to a remote oral argument. If the motion is opposed, then the opposing side shall file a response to the motion within three (3) days after the filing of the motion. No extensions of time to file the motion or response will be permitted, absent extraordinary circumstances. If the court grants the motion for remote oral argument, the argument will take place via Zoom video conference and all judges and attorneys will appear remotely.
|
|
| Docket Date |
2021-07-13
|
| Type |
Order
|
| Subtype |
Order on Motion For Continuation of Oral Argument
|
| Description |
Grant Continuance of Oral Argument ~ ORDERED that the appellant's July 9, 2021 motion for continuance of oral argument is granted. Oral argument scheduled for September 21, 2021 is cancelled and will be rescheduled for a later date.
|
|
| Docket Date |
2021-07-09
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion For Continuation of Oral Argument
|
| Description |
Motion For Continuation of Oral Argument
|
| On Behalf Of |
Brian Fernalld
|
|
| Docket Date |
2021-07-02
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
ORD-Setting Oral Argument ~ This case is set for Oral Argument on September 21, 2021, at 10:30 A.M. for 15 minutes per side, in person at the Fourth District Court of Appeal Courthouse. If a side anticipates more than two attorneys sitting at counsel table during oral argument, it shall contact the Marshal’s Office by phone at least two business days before the oral argument session. The court calendars can be viewed on this court's website at www.4dca.org. In criminal cases where a victim, as defined in Article I, Section 16(e) of the Florida Constitution, has invoked their right to notice under Article I, Section 16(b)(6) of the Florida Constitution, the State shall provide the victim with notice of this oral argument and of any changes to the scheduled date or time.Within seven (7) days from the date of this order, either side may file a motion for remote oral argument, which, if granted, would take place on Wednesday or Thursday of the same week as the currently scheduled in-person oral argument, with the date and time to be set by further order of this court. Before filing the motion, the moving party shall confer with the opposing side to ascertain whether the opposing side agrees to a remote oral argument. The motion shall state: (1) the reasons why remote oral argument is requested; and (2) whether the opposing side consents to a remote oral argument. If the motion is opposed, then the opposing side shall file a response to the motion within three (3) days after the filing of the motion. No extensions of time to file the motion or response will be permitted, absent extraordinary circumstances. If the court grants the motion for remote oral argument, the argument will take place via Zoom video conference and all judges and attorneys will appear remotely.
|
|
| Docket Date |
2021-04-29
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Brian Fernalld
|
|
| Docket Date |
2021-04-29
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
Brian Fernalld
|
|
| Docket Date |
2021-04-19
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
ORD-Reply Brief to be Served ~ ORDERED that appellant’s April 16, 2021 motion for extension of time is granted in part, and appellant shall serve the reply brief within ten (10) days from the current due date. In addition, if the reply brief is served after the time provided for in this order, it will be subject to being stricken, or the court in its discretion may impose other sanctions. Appellant is advised that no further extensions will be granted absent a detailed explanation for why the reply brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant. Attorney workload does not constitute extraordinary circumstances which justifies a further extension of time.
|
|
| Docket Date |
2021-04-16
|
| 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 |
Brian Fernalld
|
|
| Docket Date |
2021-03-30
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 15 DAYS TO 04/20/2021
|
|
| Docket Date |
2021-03-30
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief
|
| On Behalf Of |
Brian Fernalld
|
|
| Docket Date |
2021-03-05
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
ABB, INC.
|
|
| Docket Date |
2021-01-25
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ AMENDED
|
| On Behalf Of |
ABB, INC.
|
|
| Docket Date |
2021-01-25
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellees’ January 25, 2021 notice of agreed extension to file answer brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that it is a computer-generated document which does not comply with the font requirements set forth in Rule 9.045(b). See Fla. R. App. P. 9.045(b) (“Computer-generated documents shall be filed in either Arial 14-point font or Bookman Old Style 14-point font.”). An amended document in compliance with Rule 9.045 shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2020-12-29
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 02/03/2021
|
|
| Docket Date |
2020-12-29
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
ABB, INC.
|
|
| Docket Date |
2020-12-02
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Brian Fernalld
|
|
| Docket Date |
2020-10-30
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Brian Fernalld
|
|
| Docket Date |
2020-10-30
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 12/02/2020
|
|
| Docket Date |
2020-10-28
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 3,063 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2020-09-30
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 11/02/2020
|
|
| Docket Date |
2020-09-30
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Brian Fernalld
|
|
| Docket Date |
2020-08-28
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 10/01/2020
|
|
| Docket Date |
2020-08-28
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Brian Fernalld
|
|
| Docket Date |
2020-06-24
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2020-06-24
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of this order. 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 |
2020-06-23
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Brian Fernalld
|
|
| Docket Date |
2020-06-23
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
BRIAN FERNALLD VS ABB, INC., LEWIS NODDIN, and LAURA NODDIN
|
4D2019-3511
|
2019-11-14
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
2016-016854 (08)
|
Parties
| Name |
BRIAN FERNALLD
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Chris Kleppin, Chelsea A. Lewis
|
|
| Name |
Lewis Noddin
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ABB, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Pedro Torres-Diaz, Anisley Tarragona, Richard A. Johnston, Jr.
|
|
| Name |
Laura Noddin
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. David A. Haimes
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-06-25
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2021-06-09
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellee Laura Noddin's June 8, 2021 “notice of case under Chapter 13 of United States bankruptcy code and notice of automatic stay” is stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that it is a computer-generated document which does not comply with the font requirements set forth in Rule 9.045(b). See Fla. R. App. P. 9.045(b) (“Computer-generated documents shall be filed in either Arial 14-point font or Bookman Old Style 14-point font.”). An amended document in compliance with Rule 9.045 shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2021-06-08
|
| Type |
Notice
|
| Subtype |
Suggestion of Bankruptcy
|
| Description |
Suggestion of Bankruptcy ~ **STRICKEN**
|
| On Behalf Of |
ABB, INC.
|
|
| Docket Date |
2021-06-07
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing En Banc
|
| Description |
Order Denying Rehearing En Banc ~ ORDERED that appellee, Laura Noddin's April 23, 2021 motion for rehearing and rehearing en banc is denied.
|
|
| Docket Date |
2021-06-07
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-05-06
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO APPELLEE'S MOTION FOR REHEARING AND REHEARING EN BANC
|
| On Behalf Of |
BRIAN FERNALLD
|
|
| Docket Date |
2020-04-07
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
BRIAN FERNALLD
|
|
| Docket Date |
2021-05-05
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT to file Response ~ ORDERED that appellant's May 3, 2021 motion for extension of time is granted, and the time for filing a response to appellee Laura Noddin’s motion for rehearing is extended to and including June 9, 2021.
|
|
| Docket Date |
2021-05-03
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
| On Behalf Of |
BRIAN FERNALLD
|
|
| Docket Date |
2021-04-23
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion for Rehearing / Rehearing En Banc
|
| On Behalf Of |
ABB, INC.
|
|
| Docket Date |
2021-03-19
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that appellant's March 18, 2021 motion for extension of time is granted, and any post-decision motion shall be filed on or before April 23, 2021.
|
|
| Docket Date |
2021-03-18
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ TO FILE MOTION FOR REHEARING, CLARIFICATION, CERTIFICATION, AND/OR REHEARING EN BANC
|
| On Behalf Of |
ABB, INC.
|
|
| Docket Date |
2021-03-10
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed - Authored Opinion
|
|
| Docket Date |
2021-02-19
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Deny Motion to Supplement Record ~ ORDERED that appellant's February 4, 2021 motion to supplement the record is denied.
|
|
| Docket Date |
2021-02-10
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ IN OPPOSITION TO APPELLANT'S MOTION TO SUPPLEMENT RECORD ONAPPEAL
|
| On Behalf Of |
ABB, INC.
|
|
| Docket Date |
2021-02-04
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
BRIAN FERNALLD
|
|
| Docket Date |
2021-02-04
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ **MOTION DENIED** (PROPOSED)
|
| On Behalf Of |
BRIAN FERNALLD
|
|
| Docket Date |
2021-01-26
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ 4DCA
|
|
| Docket Date |
2020-12-29
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF ATTORNEY APPEARANCE FOR ORAL ARGUMENT
|
| On Behalf Of |
BRIAN FERNALLD
|
|
| Docket Date |
2020-12-28
|
| Type |
Order
|
| Subtype |
Order Re: Video Oral Argument
|
| Description |
Order Re: Video Oral Argument ~ Pursuant to Florida Supreme Court Administrative Order AOSC20-109, Comprehensive COVID-19 Emergency Measures for Florida Appellate Courts and this court’s prior order, the January 26, 2021 oral argument session will take place through Zoom video conference. Should both parties file a stipulation by noon on Monday, January 4, 2021 that they waive oral argument, the court will then decide the case based upon the briefs. If the parties do not stipulate to waive oral argument, then they shall file a notice by noon on Monday, January 4, 2021 which: (1) identifies the attorneys who will be arguing the case; and (2) provides the direct contact information for those attorneys. The Clerk of the Court will separately schedule a Zoom orientation/test session with the attorneys who will be arguing the case. The Clerk of the Court will also provide connection instructions for the oral argument session the week before the session.
|
|
| Docket Date |
2020-12-21
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
ORD-Setting Oral Argument ~ ORDERED that this court’s previous order scheduling oral argument is replaced with the following:This case is set for Oral Argument on January 26, 2021, at 11:15 A.M. for 15 minutes per side. In criminal cases where a victim, as defined in Article I, Section 16(e) of the Florida Constitution, has invoked their right to notice under Article I, Section 16(b)(6) of the Florida Constitution, the State shall provide the victim with notice of this oral argument and of any changes to the scheduled date or time.Pursuant to Florida Supreme Court Administrative Order AOSC20-109, Comprehensive COVID-19 Emergency Measures for Florida Appellate Courts, which requires that oral argument and other proceedings be conducted remotely during Phase 1 and Phase 2 of the pandemic, as set forth in that administrative order, this oral argument is scheduled to be conducted via Zoom. By separate order issued no later than three weeks before the scheduled oral argument, the parties will be directed to identify the attorney who will be presenting oral argument so that an orientation/test session can be scheduled by court staff with the attorneys to confirm their knowledge of the Zoom platform and test equipment compatibility.
|
|
| Docket Date |
2020-11-06
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
ORD-Setting Oral Argument ~ This case is set for Oral Argument on January 26, 2021, at 11:15 A.M. for 15 minutes per side. If a side anticipates more than two attorneys sitting at counsel table during oral argument, it shall contact the Marshal’s Office by phone at least two business days before the oral argument session. The court calendars can be viewed on this court's website at HYPERLINK "http://www.4dca.org" www.4dca.org. Given the evolving situation surrounding the COVID-19 virus, the court may reschedule this oral argument or conduct oral argument by remote means.Attorneys not registered with this court’s eDCA and pro se parties are required to file a "Notice of Receipt of Oral Argument" within ten (10) days from the date of this order, acknowledging they have received this order.
|
|
| Docket Date |
2020-08-20
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
BRIAN FERNALLD
|
|
| Docket Date |
2020-08-17
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
BRIAN FERNALLD
|
|
| Docket Date |
2020-07-23
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
ABB, INC.
|
|
| Docket Date |
2020-06-17
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 07/25/2020
|
|
| Docket Date |
2020-06-17
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
ABB, INC.
|
|
| Docket Date |
2020-05-26
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
BRIAN FERNALLD
|
|
| Docket Date |
2020-05-20
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 332 PAGES (PAGES 2955-3267)
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2020-04-17
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORD-Initial Brief to be Served ~ ORDERED that appellant's April 16, 2020 motion for extension of time is granted, and appellant shall serve the initial brief within ten (10) days from the date the lower court supplements the record on appeal. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case will be subject to dismissal or the court in its discretion may impose other sanctions. Appellant is advised that no further extensions will be granted absent a detailed explanation for why the initial brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant.
|
|
| Docket Date |
2020-04-16
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
BRIAN FERNALLD
|
|
| Docket Date |
2020-04-08
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Order Granting Motion to Supplement the Record ~ ORDERED that appellant's April 7, 2020 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 |
2020-03-16
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
BRIAN FERNALLD
|
|
| Docket Date |
2020-03-16
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 04/17/2020
|
|
| Docket Date |
2020-02-14
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 03/17/2020
|
|
| Docket Date |
2020-02-14
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
BRIAN FERNALLD
|
|
| Docket Date |
2020-01-15
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 02/16/2020
|
|
| Docket Date |
2020-01-15
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
BRIAN FERNALLD
|
|
| Docket Date |
2020-01-14
|
| Type |
Order
|
| Subtype |
Order on Motion For Clarification
|
| Description |
Ord-Denying Clarification ~ Upon consideration of appellant's January 6, 2020 response, it is ORDERED that appellee Laura Noddin’s December 27, 2019 "motion for clarification of the court's order dated December 23, 2019" is denied. The appeal shall proceed pursuant to this court’s December 23, 2019 order.
|
|
| Docket Date |
2020-01-06
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO APPELLEE'S MOTION FOR CLARIFICATION OF THE COURT'S ORDER DATED DECEMBER 23, 2019
|
| On Behalf Of |
BRIAN FERNALLD
|
|
| Docket Date |
2019-12-27
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Clarification
|
| Description |
Motion for Clarification ~ OF THE COURT'S ORDER DATED DECEMBER 23, 2019
|
| On Behalf Of |
ABB, INC.
|
|
| Docket Date |
2019-12-23
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Upon consideration of appellant's December 2, 2019 jurisdictional brief, it is ORDERED that the appeal shall proceed as to the portion of the order that granted a motion for new trial pursuant to Florida Rule of Appellate Procedure 9.130(a)(4) and 9.110.
|
|
| Docket Date |
2019-12-20
|
| Type |
Record
|
| Subtype |
Record on Appeal Confidential
|
| Description |
Confidential Records ~ 242 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2019-12-02
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
BRIAN FERNALLD
|
|
| Docket Date |
2019-11-21
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
AA - File Statement for Basis of Jurisdiction ~ ORDERED that within ten (10) days from the date of this order appellant shall file in this court a brief statement explaining the basis for this court's subject matter jurisdiction over the order appealed in this case, citing supporting legal authorities. Appellant shall specifically address how the portion of the order that denies plaintiff's "motion for renewed judgment as a matter of law notwithstanding the verdict and motion for new trial as to the age discrimination and retaliation counts (I-III) and the defamation claim against the corporate defendant and Chuck Noddin, and motion for imposition of prejudgment interest" is appealable pursuant to Florida Rule of Appellate Procedure 9.110 or 9.130. See Maxwell v. Nugget Oil, Inc., 744 So. 2d 1203, 1204 (Fla. 1st DCA 1999) (“[A]n order denying a motion for new trial is neither appealable as a final order nor as a non-final order appealable pursuant to Florida Rule of Appellate Procedure 9.130.”); furtherAppellees may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2019-11-15
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2019-11-15
|
| 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 |
2019-11-15
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
BRIAN FERNALLD
|
|
| Docket Date |
2019-11-14
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
BRIAN FERNALLD
|
|
| Docket Date |
2019-11-14
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
