| Docket Date |
2022-11-22
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief ~ / CROSS-ANSWER BRIEF
|
| On Behalf Of |
Chiquita Fresh North America, L.L.C
|
|
| Docket Date |
2022-11-22
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 01/03/2023
|
|
| Docket Date |
2022-11-02
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
Port Everglades Terminal, LLC
|
|
| Docket Date |
2022-11-02
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ /CROSS-INITIAL BRIEF
|
| On Behalf Of |
Port Everglades Terminal, LLC
|
|
| Docket Date |
2023-10-06
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-10-06
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2023-09-13
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Main Appeal Reversed - Cross-Appeal Affirmed
|
| View |
View File
|
|
| Docket Date |
2023-08-22
|
| Type |
Notice
|
| Subtype |
Notice of Change of Address
|
| Description |
Notice of Change of Address
|
| On Behalf Of |
Chiquita Fresh North America, L.L.C
|
|
| Docket Date |
2023-06-30
|
| Type |
Order
|
| Subtype |
Order Dispensing with Oral Argument
|
| Description |
ORD-Dispensing Oral Argument ~ After reviewing the briefs, the court, pursuant to Florida Rule of Appellate Procedure 9.320, has dispensed with oral argument. The case will be submitted to a conference by a panel of the court.
|
|
| Docket Date |
2023-05-02
|
| Type |
Brief
|
| Subtype |
Cross-Reply Brief
|
| Description |
Appellee/Cross-Appellant's Reply Brief
|
| On Behalf Of |
Port Everglades Terminal, LLC
|
|
| Docket Date |
2023-04-06
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order Granting EOT for Appellant's Reply Brief ~ ORDERED that appellee/cross-appellant's April 5, 2023 motion for extension of time is granted, and appellee/cross-appellant shall serve the reply brief on or before May 3, 2023. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
|
| Docket Date |
2023-04-05
|
| 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 |
Port Everglades Terminal, LLC
|
|
| Docket Date |
2023-03-14
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief ~ / CROSS-ANSWER BRIEF
|
| On Behalf Of |
Chiquita Fresh North America, L.L.C
|
|
| Docket Date |
2023-03-06
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order Granting EOT for Appellant's Reply Brief ~ ORDERED that appellant/cross-appellee’s March 3, 2023 motion for extension of time is granted, and appellant/cross-appellee shall serve the reply/cross-answer brief on or before March 14, 2023. In addition, if the reply/cross-answer 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/cross-appellee 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.
|
|
| Docket Date |
2023-03-03
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief ~ / CROSS-ANSWER BRIEF
|
| On Behalf Of |
Chiquita Fresh North America, L.L.C
|
|
| Docket Date |
2023-01-27
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief ~ / CROSS-ANSWER BRIEF
|
| On Behalf Of |
Chiquita Fresh North America, L.L.C
|
|
| Docket Date |
2023-01-27
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 03/06/2023
|
|
| Docket Date |
2022-12-22
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief ~ / CROSS-ANSWER BRIEF
|
| On Behalf Of |
Chiquita Fresh North America, L.L.C
|
|
| Docket Date |
2022-12-22
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 02/02/2023.
|
|
| Docket Date |
2022-10-19
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORD-Answer Brief to be Served ~ ORDERED that appellee’s October 18, 2022 motion for extension of time is granted in part, and appellee shall serve the answer brief within ten (10) days from the current due date. In addition, appellee is notified that the failure to serve the brief within the time provided herein will foreclose appellee’s right to file a brief or otherwise participate in this appeal, or the court in its discretion may impose other sanctions. Appellee is advised that no further extensions will be granted absent a detailed explanation for why the answer 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 |
2022-10-18
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief
|
| On Behalf Of |
Port Everglades Terminal, LLC
|
|
| Docket Date |
2022-09-19
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 10/23/2022
|
|
| Docket Date |
2022-09-19
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
Port Everglades Terminal, LLC
|
|
| Docket Date |
2022-07-14
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
Port Everglades Terminal, LLC
|
|
| Docket Date |
2022-07-14
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 60 DAYS TO 09/23/2022
|
|
| Docket Date |
2022-06-24
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
Chiquita Fresh North America, L.L.C
|
|
| Docket Date |
2022-06-24
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Chiquita Fresh North America, L.L.C
|
|
| Docket Date |
2022-06-21
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
ORD-Allowing Attachment to Record ~ ORDERED that appellant’s June 21, 2022 motion to supplement the record is granted, and the record is supplemented to include the transcript of the hearing held before Honorable Jeffrey R. Levenson on March 12, 2019. Said supplemental record is deemed filed as of the date of this order.
|
|
| Docket Date |
2022-06-21
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records
|
| On Behalf Of |
Chiquita Fresh North America, L.L.C
|
|
| Docket Date |
2022-06-21
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
Chiquita Fresh North America, L.L.C
|
|
| Docket Date |
2022-06-15
|
| Type |
Order
|
| Subtype |
Order on Motion to Amend/Correct Record
|
| Description |
ORD-Allow Record to be Corrected ~ ORDERED that appellant’s June 14, 2022 motion to correct the record with consecutively numbered jury trial transcripts is granted. Said corrected supplemental record is deemed filed as of the date of this order.
|
|
| Docket Date |
2022-06-15
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ CORRECTED
|
| On Behalf Of |
Chiquita Fresh North America, L.L.C
|
|
| Docket Date |
2022-06-14
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Chiquita Fresh North America, L.L.C
|
|
| Docket Date |
2022-06-14
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Amend/Correct Record
|
| Description |
Motion To Correct the Record
|
| On Behalf Of |
Chiquita Fresh North America, L.L.C
|
|
| Docket Date |
2022-05-31
|
| 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 May 25, 2022 motion for extension of time is granted, and the time for service of the initial brief is extended to and including June 24, 2022. 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. Attorney workload does not constitute extraordinary circumstances which justifies a further extension of time.
|
|
| Docket Date |
2022-05-26
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records
|
| On Behalf Of |
Chiquita Fresh North America, L.L.C
|
|
| Docket Date |
2022-05-26
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
ORD-Allowing Attachment to Record ~ ORDERED that appellant’s May 25, 2022 motion to supplement the record is granted, and the record is supplemented to include the corrected May 29, 2019 transcript. Said supplemental record is deemed filed as of the date of this order.
|
|
| Docket Date |
2022-05-25
|
| 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 |
Chiquita Fresh North America, L.L.C
|
|
| Docket Date |
2022-05-25
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
Chiquita Fresh North America, L.L.C
|
|
| Docket Date |
2022-04-21
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 05/25/2022
|
|
| Docket Date |
2022-04-21
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Chiquita Fresh North America, L.L.C
|
|
| Docket Date |
2022-04-01
|
| Type |
Record
|
| Subtype |
Transcript
|
| Description |
Transcript Received ~ 1,134 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-02-22
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 60 DAYS TO 04/25/2022
|
|
| Docket Date |
2022-02-22
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Chiquita Fresh North America, L.L.C
|
|
| Docket Date |
2022-02-09
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 2,659 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-01-31
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
Chiquita Fresh North America, L.L.C
|
|
| Docket Date |
2022-01-03
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORD-Granting Consolidation ~ ORDERED that the appellant’s December 27, 2021 unopposed motion to consolidate is granted, and the above-styled case numbers are now consolidated for all purposes and are to proceed under the time schedule for a final appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D21-3433. Further, ORDERED that appellant shall file a single initial brief addressing the issues of both case numbers. The consolidated initial brief shall be due thirty (30) days from the receipt of the index to the record on appeal.
|
|
| Docket Date |
2021-12-27
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate
|
| On Behalf Of |
Chiquita Fresh North America, L.L.C
|
|
| Docket Date |
2021-12-17
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellee’s December 16, 2021 notice of appearance 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 |
2021-12-17
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ AMENDED
|
| On Behalf Of |
Port Everglades Terminal, LLC
|
|
| Docket Date |
2021-12-16
|
| Type |
Misc. Events
|
| Subtype |
Cross-Notice Filing Fee Paid through Portal
|
| Description |
CROSS NOTICE FILING FEE PAID THROUGH PORTAL
|
| On Behalf Of |
Port Everglades Terminal, LLC
|
|
| Docket Date |
2021-12-16
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ **Stricken**
|
| On Behalf Of |
Port Everglades Terminal, LLC
|
|
| Docket Date |
2021-12-15
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay filing Fee - Cross-Appeal - 10 days ~ A Notice of Cross-Appeal was filed in the lower tribunal on December 14, 2021. The $295.00 filing fee required by the applicable rule of procedure and Section 35.22(2)(b), Florida Statutes, is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED, appellee/cross-appellant shall pay the $295.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of the entry 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 the cross-appeal and may result in the court sanctioning of any party, or the party’s attorney, who has not paid the filing fee. The attorney filing the notice of cross-appeal has a duty to tender the filing fee to the appellate court when the cross-appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.
|
|
| Docket Date |
2021-12-14
|
| Type |
Notice
|
| Subtype |
Notice of Cross Appeal
|
| Description |
Notice of Cross Appeal
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2021-12-10
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Chiquita Fresh North America, L.L.C
|
|
| Docket Date |
2021-12-03
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2021-12-03
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
| On Behalf Of |
Chiquita Fresh North America, L.L.C
|
|
| Docket Date |
2021-12-03
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Chiquita Fresh North America, L.L.C
|
|
| Docket Date |
2021-12-03
|
| 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, 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.
|
|
