|
Edgar Monserratt, etc., et al., Petitioner(s) v. Tesla, Inc., etc. Respondent(s)
|
SC2024-1029
|
2024-07-15
|
Open
|
|
| Classification |
Discretionary Review - Notice to Invoke - Direct Conflict of Decisions
|
| Court |
Supreme Court of Florida
|
| Originating Court |
4th District Court of Appeal
4D2024-0022;
|
Parties
| Name |
Edgar Monserratt
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Adam Jeffrey Richardson, Bard Daniel Rockenbach, Scott P Schlesinger, Jonathan Gdanski, David Silverman, Philip Harnett Corboy, Jr.
|
|
| Name |
Estate of Edgar Monserratt Martinez
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
TESLA, INC.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Wendy Frank Lumish, Alina Alonso Rodriguez, Jeffrey S. Patterson, Robert John Rudock, Roberto Cruz
|
|
| Name |
JR CORPORATE SERVICES GROUP LLC
|
| Role |
Receiver
|
| Status |
Active
|
| Representations |
Laurie Anne Primus
|
|
| Name |
Hon. Mark Alan Speiser
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
4DCA Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Broward Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-07-22
|
| Type |
Brief
|
| Subtype |
Juris Initial
|
| Description |
Juris Initial Brief
|
| On Behalf Of |
Edgar Monserratt
|
| View |
View File
|
|
| Docket Date |
2024-07-22
|
| Type |
Order
|
| Subtype |
Stay Proceedings FSC (Tag Case)
|
| Description |
The proceedings in this Court in the above case are hereby stayed pending disposition of Monserratt v. Tesla, Inc., Case No. SC2024-0432, which is pending in this Court.
|
| View |
View File
|
|
| Docket Date |
2024-07-22
|
| Type |
Event
|
| Subtype |
Stay Started
|
| Description |
Monserratt v. Tesla, Inc., Case No. SC2024-0432
|
|
| Docket Date |
2024-07-16
|
| Type |
Event
|
| Subtype |
Fee Paid Through Portal
|
| Description |
Fee Paid Through Portal
|
|
| Docket Date |
2024-07-16
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Pay Case Filing Fee-300
|
| On Behalf Of |
Edgar Monserratt
|
| View |
View File
|
|
| Docket Date |
2024-07-15
|
| Type |
Letter-Case
|
| Subtype |
Acknowledgment Letter-New Case-Pay Fee
|
| Description |
Acknowledgment Letter-New Case-Pay Fee
|
| View |
View File
|
|
| Docket Date |
2024-07-15
|
| Type |
Notice
|
| Subtype |
Invoke Discretionary Jurisdiction
|
| Description |
Notice to Invoke Discretionary Jurisdiction
|
| View |
View File
|
|
|
|
Edward Monserratt, etc., et al., Petitioner(s) v. Tesla, Inc., etc. Respondent(s)
|
SC2024-0432
|
2024-03-25
|
Open
|
|
| Classification |
Discretionary Review - Notice to Invoke - Direct Conflict of Decisions
|
| Court |
Supreme Court of Florida
|
| Originating Court |
4th District Court of Appeal
4D2023-2075
|
Parties
| Name |
Edward Monserratt Martinez, Deceased
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
JAMES RILEY CORPORATION
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Laurie Anne Primus
|
|
| Name |
Barrett Riley, Deceased
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
JR CORPORATE SERVICES GROUP LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Laurie Anne Primus
|
|
| Name |
TESLA, INC.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Wendy Frank Lumish, Alina Alonso Rodriguez, Robert John Rudock, Whitney V Cruz, Jeffrey S. Patterson
|
|
| Name |
Hon. Mark Alan Speiser
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Broward Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
4DCA Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Edward Monserratt
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Adam Jeffrey Richardson, Bard Daniel Rockenbach, Scott P Schlesinger, Jonathan Gdanski, David Silverman, Philip Harnett Corboy, Jr.
|
|
Docket Entries
| Docket Date |
2024-05-15
|
| Type |
Brief
|
| Subtype |
Juris Answer
|
| Description |
Juris Answer
|
| On Behalf Of |
Tesla, Inc.
|
| View |
View File
|
|
| Docket Date |
2024-04-17
|
| Type |
Brief
|
| Subtype |
Juris Initial
|
| Description |
Petitioner's Brief on Jurisdiction
|
| On Behalf Of |
Edward Monserratt
|
| View |
View File
|
|
| Docket Date |
2024-04-17
|
| Type |
Notice
|
| Subtype |
Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Edward Monserratt
|
| View |
View File
|
|
| Docket Date |
2024-03-25
|
| Type |
Letter-Case
|
| Subtype |
Acknowledgment Letter-New Case-Pay Fee
|
| Description |
Acknowledgment Letter-New Case-Pay Fee
|
| View |
View File
|
|
| Docket Date |
2024-03-25
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Pay Case Filing Fee-300
|
| On Behalf Of |
Edward Monserratt
|
| View |
View File
|
|
| Docket Date |
2024-03-25
|
| Type |
Notice
|
| Subtype |
Invoke Discretionary Jurisdiction
|
| Description |
Notice to Invoke Discretionary Jurisdiction
|
| View |
View File
|
|
| Docket Date |
2024-03-25
|
| Type |
Event
|
| Subtype |
Fee Paid Through Portal
|
| Description |
Fee Paid Through Portal
|
|
| Docket Date |
2024-04-02
|
| Type |
Order
|
| Subtype |
Extension of Time (Juris Brief)
|
| Description |
Petitioner's motion for extension of time is granted, and petitioner is allowed to and including April 17, 2024, in which to serve the brief on jurisdiction. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.
All other times will be extended accordingly.
|
| View |
View File
|
|
| Docket Date |
2024-04-01
|
| Type |
Motion
|
| Subtype |
Ext of Time (Juris Brief-Initial)
|
| Description |
Petitioner's Unopposed Motion for Extension of Time
|
| On Behalf Of |
Edward Monserratt
|
| View |
View File
|
|
|
|
TESLA, INC. a/k/a TESLA FLORIDA, INC., Petitioner(s) v. EDGAR MONSERRATT, as Personal Representative of the ESTATE OF EDGAR MONSERRATT MARTINEZ, Deceased, et al., Respondent(s).
|
4D2024-0022
|
2024-01-04
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE19-000422
|
Parties
| Name |
Estate of Edgar Monserratt Martinez, Deceased
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
James B. Riley
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Laurie Primus
|
|
| Name |
Estate of Barrett Riley, Deceased
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
JR CORPORATE SERVICES GROUP LLC
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Hon. Mark Alan Speiser
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Broward Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
TESLA, INC.
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Wendy Lumish, Robert John Rudock, Whitney V Cruz
|
|
| Name |
Edgar Monserratt
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Scott P Schlesinger, Jonathan Gdanski, Bard Daniel Rockenbach, Adam Jeffrey Richardson, Philip Harnett Corboy, Jr.
|
|
Docket Entries
| Docket Date |
2024-04-08
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Response
|
| On Behalf Of |
Tesla, Inc.
|
| View |
View File
|
|
| Docket Date |
2024-06-13
|
| Type |
Disposition by Order
|
| Subtype |
Granted
|
| Description |
ORDERED that, having considered the response and reply to this Court's order to show cause, the petition for writ of certiorari is granted. The December 5, 2023 and December 8, 2023 orders compelling the deposition of J.B. Straubel are quashed. The trial court departed from the essential requirement of law by violating Florida Rule of Civil Procedure 1.280(h). Tesla, Inc. v. Monserratt, 49 Fla. L. Weekly D85 (Fla. 4th DCA Jan. 3, 2024). Straubel is a high-level corporate officer and met his initial burden under rule 1.280(h). Respondent failed to demonstrate that it has exhausted other discovery, that such discovery is inadequate, or that Straubel has unique person knowledge of discoverable information. Id.
|
| View |
View File
|
|
| Docket Date |
2024-07-12
|
| Type |
Supreme Court
|
| Subtype |
Notice to Invok. Disc. Jur. FSC
|
| Description |
Notice to Invoke Discretionary Jurisdiction
|
| On Behalf Of |
Edgar Monserratt
|
|
| Docket Date |
2024-07-22
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Order
|
| Description |
SC2024-0022 Supreme Court Order The proceedings in this Court in the above case are hereby stayed pending disposition of Monserratt v. Tesla, Inc., Case No. SC2024-0432, which is pending in this Court.
|
|
| Docket Date |
2024-07-16
|
| Type |
Supreme Court
|
| Subtype |
Acknowledged Receipt from Supreme Court
|
| Description |
SC2024-1029 Acknowledged Receipt from Supreme Court
|
|
| Docket Date |
2024-07-15
|
| Type |
Supreme Court
|
| Subtype |
Review Sent to Supreme Court
|
| Description |
Review Sent to Supreme Court
|
|
| Docket Date |
2024-03-26
|
| Type |
Motions Extensions
|
| Subtype |
Motion Extension of Time To Reply To Response
|
| Description |
Motion Extension of Time To Reply To Response
|
|
| Docket Date |
2024-03-26
|
| Type |
Response
|
| Subtype |
Response to Petition
|
| Description |
RESPONSE TO PETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
James B. Riley
|
|
| Docket Date |
2024-03-22
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response **Confidential**
|
| On Behalf Of |
James B. Riley
|
|
| Docket Date |
2024-03-22
|
| Type |
Notice
|
| Subtype |
Notice of Confidential Information within Court Filing
|
| Description |
Notice of Confidential Information within Court Filing **Confidential**
|
| On Behalf Of |
James B. Riley
|
|
| Docket Date |
2024-03-18
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
|
| Docket Date |
2024-03-13
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
ORDERED that Respondents' March 7, 2024 motion for extension of time is granted, and the time for filing a response is extended ten (10) days from the date of this order. Further, ORDERED that Petitioner may file a reply within five (5) days thereafter.
|
| View |
View File
|
|
| Docket Date |
2024-03-07
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
|
| Docket Date |
2024-03-06
|
| Type |
Order
|
| Subtype |
Show Cause re Petition
|
| Description |
ORDERED that Respondents shall file a response, within ten (10) days from the date of this order, and show cause why the petition should not be granted. Petitioner may file a reply within five (5) days of service of the response.
|
| View |
View File
|
|
| Docket Date |
2024-01-04
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Paid Case Filing Fee-300
|
| On Behalf Of |
Tesla, Inc.
|
| View |
View File
|
|
| Docket Date |
2024-01-04
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-01-04
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order on Filing Fee
|
| View |
View File
|
|
| Docket Date |
2024-01-04
|
| Type |
Notice
|
| Subtype |
Notice of Confidential Information within Court Filing
|
| Description |
Notice of Confidential Information within Court Filing (as to Appendix)
|
| View |
View File
|
|
| Docket Date |
2024-01-04
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition - Confidential, See Notice
|
|
| Docket Date |
2024-01-04
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition Certiorari
|
| View |
View File
|
|
| Docket Date |
2024-03-28
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Reply to Response
|
| Description |
ORDERED that Petitioner's March 26, 2024 motion for extension of time is granted, and the time for filing a reply is extended to and including April 8, 2024.
|
| View |
View File
|
|
| Docket Date |
2024-03-20
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
ORDERED that Respondent's March 18, 2024 motion for extension of time is granted, and the time for filing a response is extended seven (7) days from the date of this order. Further, ORDERED that Petitioner may file a reply within five (5) days thereafter.
|
| View |
View File
|
|
|
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TESLA, INC. a/k/a TESLA FLORIDA, INC., Petitioner(s) v. EDGAR MONSERRATT, as Personal Representative of the ESTATE OF EDGAR MONSERRATT MARTINEZ, DECEASED, et al., Respondent(s).
|
4D2023-2075
|
2023-08-25
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE19-000422
|
Parties
| Name |
TESLA, INC.
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Alina Alonso Rodriguez, Wendy Frank Lumish, Jeffrey Patterson, Whitney V. Cruz
|
|
| Name |
TESLA FLORIDA, INC.
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Estate of Edgar Monserratt Martinez, Deceased
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
JR CORPORATE SERVICES GROUP LLC
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
James B. Riley
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Estate of Barrett Riley, Deceased
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Edgar Monserratt
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Laurie Anne Primus, Scott P. Schlesinger, Adam J. Richardson, David Silverman, Bard D. Rockenbach, Jonathan Gdanski
|
|
| Name |
Hon. Mark Alan Speiser
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-08-25
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed ~ Filing Fee Paid Through Portal
|
| On Behalf Of |
Tesla, Inc.
|
|
| Docket Date |
2023-08-25
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2023-08-25
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
|
| Docket Date |
2024-03-25
|
| Type |
Supreme Court
|
| Subtype |
Review Sent to Supreme Court
|
| Description |
Review Sent to Supreme Court
|
|
| Docket Date |
2024-03-22
|
| Type |
Supreme Court
|
| Subtype |
Notice to Invok. Disc. Jur. FSC
|
| Description |
Notice to Invoke Discretionary Jurisdiction to Florida Supreme Court
|
| On Behalf Of |
Edgar Monserratt
|
|
| Docket Date |
2024-03-12
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-03-12
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2024-02-23
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing En Banc
|
| Description |
Order on Motion for Rehearing En Banc
|
| View |
View File
|
|
| Docket Date |
2024-02-01
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE TO MOTIONS FOR PANEL AND EN BANC REHEARING
|
|
| Docket Date |
2024-01-18
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing and Rehearing En Banc
|
| Description |
Motion for Rehearing and Rehearing En Banc
|
|
| Docket Date |
2024-01-03
|
| Type |
Disposition by Opinion
|
| Subtype |
Granted
|
| Description |
Granted
|
| View |
View File
|
|
| Docket Date |
2023-10-20
|
| Type |
Response
|
| Subtype |
Reply
|
| Description |
REPLY IN SUPPORT OF ITS PETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
Tesla, Inc.
|
|
| Docket Date |
2023-10-10
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to
|
| On Behalf Of |
Edgar Monserratt
|
|
| Docket Date |
2023-09-19
|
| Type |
Order
|
| Subtype |
Show Cause re Petition
|
| Description |
Show Cause re Petition
|
| View |
View File
|
|
| Docket Date |
2023-08-28
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Writ of Certiorari / Acknowledgment letter
|
|
|
|
EDGAR MONSERRATT, as Personal Representative of THE ESTATE OF EDGAR MONSERRATT MARTINEZ, Deceased VS TESLA, INC. a/k/a TESLA FLORIDA, INC., et al.
|
4D2022-2345
|
2022-08-24
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE19-000422
|
Parties
| Name |
Edgar Monserratt
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Adam J. Richardson, Bard D. Rockenbach, Scott P. Schlesinger, Jonathan Gdanski, Cristina Sabbagh
|
|
| Name |
Estate of Edgar Monserratt Martinez
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
TESLA FLORIDA, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Halston Loyd
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
James B. Riley
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
JR CORPORATE SERVICES GROUP LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Estate of Barrett Riley
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. John B. Bowman
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
TESLA, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Philip Harnett Corboy, Jr., Laurie Anne Primus, Alina Alonso Rodriguez, Wendy Frank Lumish, Robert J. Rudock, Whitney V. Cruz
|
|
Docket Entries
| Docket Date |
2022-12-23
|
| 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 |
Tesla, Inc.
|
|
| Docket Date |
2023-07-05
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-06-30
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2023-06-08
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2023-06-08
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Order Denying Oral Argument ~ ORDERED that appellant’s March 27, 2023 request for oral argument is denied.
|
|
| Docket Date |
2023-05-22
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
Tesla, Inc.
|
|
| Docket Date |
2023-04-13
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
Tesla, Inc.
|
|
| Docket Date |
2023-03-27
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Edgar Monserratt
|
|
| Docket Date |
2023-03-27
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
Edgar Monserratt
|
|
| Docket Date |
2023-03-03
|
| 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’s March 2, 2023 motion for extension of time is granted, and appellant shall serve the reply brief within fifteen (15) days from the date of this order. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
|
| Docket Date |
2023-03-02
|
| 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 |
Edgar Monserratt
|
|
| Docket Date |
2023-02-01
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Tesla, Inc.
|
|
| Docket Date |
2022-12-27
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellees’ December 23, 2022 motion for extension of time is granted, and appellees shall serve the answer brief on or before February 2, 2023. In addition, appellees are notified that the failure to serve the brief within the time provided herein may foreclose appellees’ right to file a brief or otherwise participate in this appeal.
|
|
| Docket Date |
2023-03-17
|
| 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 |
Edgar Monserratt
|
|
| Docket Date |
2022-12-01
|
| 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 |
Tesla, Inc.
|
|
| Docket Date |
2022-11-02
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Edgar Monserratt
|
|
| Docket Date |
2022-11-02
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Edgar Monserratt
|
|
| Docket Date |
2022-11-02
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Edgar Monserratt
|
|
| Docket Date |
2022-10-25
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant’s October 25, 2022 motion for extension of time is granted, and appellant shall serve the initial brief within five (5) days from the current due date. 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 |
2022-10-25
|
| 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 |
Edgar Monserratt
|
|
| Docket Date |
2022-10-11
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant’s October 10, 2022 motion for extension of time is granted, and appellant shall serve the initial brief within fifteen (15) days from the date of this order. 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 |
2022-10-10
|
| 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 |
Edgar Monserratt
|
|
| Docket Date |
2022-09-08
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's September 7, 2022 motion for extension of time is granted, and appellant shall serve the initial brief within thirty (30) days from the date of this order. 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 |
2022-09-07
|
| 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 |
Edgar Monserratt
|
|
| Docket Date |
2022-08-25
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Tesla, Inc.
|
|
| Docket Date |
2022-08-25
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Edgar Monserratt
|
|
| Docket Date |
2022-08-25
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-08-24
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-08-24
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Edgar Monserratt
|
|
| Docket Date |
2023-03-20
|
| 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’s March 17, 2023 motion for extension of time is granted, and appellant shall serve the reply brief within five (5) days from the date of this order. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
|
| Docket Date |
2022-12-01
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellees’ December 1, 2022 motion for extension of time is granted, and appellees shall serve the answer brief within thirty (30) days from the current due date. In addition, appellees are notified that the failure to serve the brief within the time provided herein may foreclose appellees’ right to file a brief or otherwise participate in this appeal.
|
|
| Docket Date |
2022-08-25
|
| 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.
|
|
|
|
JAMES RILEY, Individually, JAMES B. RILEY as Personal Representative, etc., et al. VS EDGAR MONSERRATT, et al.
|
4D2022-2141
|
2022-08-05
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Prohibition
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE19-000422
|
Parties
| Name |
JR CORPORATE SERVICES GROUP LLC
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
James B. Riley
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Daniel M. Bachi, Laurie Anne Primus
|
|
| Name |
The Estate of Barrett Riley
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Edgar Monserratt
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Philip Harnett Corboy, Jr., Alina Alonso Rodriguez, Vincent Galvin, Robert J. Rudock, Bard D. Rockenbach, Jonathan Gdanski, Scott P. Schlesinger, Wendy Frank Lumish, Whitney V. Cruz
|
|
| Name |
Halston Loyd
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Estate of Edgar Monserratt Martinez
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
TESLA, INC.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Hon. John B. Bowman
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-10-07
|
| Type |
Disposition
|
| Subtype |
Denied
|
| Description |
Denied - Order by Judge
|
|
| Docket Date |
2022-10-07
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
Order Denying Petition for Writ - Prohib. ~ ORDERED that the August 5, 2022 petition for writ of prohibition is denied.KLINGENSMITH, C.J., WARNER and LEVINE, JJ., concur.
|
|
| Docket Date |
2022-10-04
|
| Type |
Response
|
| Subtype |
Reply
|
| Description |
Reply ~ IN SUPPORT OF PETITION FOR WRIT OF PROHIBITION
|
| On Behalf Of |
Edgar Monserratt
|
|
| Docket Date |
2022-09-30
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Response
|
| On Behalf Of |
Tesla, Inc.
|
|
| Docket Date |
2022-09-19
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Reply to Response
|
| Description |
Grant EOT to Reply to Response ~ ORDERED that petitioner’s September 16, 2022 motion for extension of time is granted and the time for filing a reply to the response is extended fifteen (15) days from the current due date.
|
|
| Docket Date |
2022-09-16
|
| Type |
Motions Extensions
|
| Subtype |
Motion Extension of Time To Reply To Response
|
| Description |
Motion Extension of TimeTo Reply To Response
|
| On Behalf Of |
Edgar Monserratt
|
|
| Docket Date |
2022-09-08
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
Tesla, Inc.
|
|
| Docket Date |
2022-09-08
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Tesla, Inc.
|
|
| Docket Date |
2022-08-24
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Tesla, Inc.
|
|
| Docket Date |
2022-08-19
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORD-Granting Consolidation ~ ORDERED that petitioners’ August 18, 2022 joint motion to consolidate is granted. Case numbers 4D22-2137 and 4D22-2141 are consolidated for all purposes and shall proceed under case number 4D22-2137. Respondents are ordered to show cause why the petition should not be granted. Within twenty (20) days from the date of this order, respondent Tesla, Inc. shall file a response to the petitions. Petitioners may file a reply within ten (10) days thereafter.
|
|
| Docket Date |
2022-08-18
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate
|
| On Behalf Of |
Edgar Monserratt
|
|
| Docket Date |
2022-08-17
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition ~ SECOND AMENDED
|
| On Behalf Of |
James B. Riley
|
|
| Docket Date |
2022-08-16
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that petitioners' August 12, 2022 amended appendix to the amended petition is stricken as not in compliance with Florida Rule of Appellate Procedure 9.220(c), which was amended effective October 1, 2017, in that it contains bookmarks which are not in compliance with Rule 9.220(c)(3). An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2022-08-12
|
| Type |
Petition
|
| Subtype |
Petition Prohibition
|
| Description |
Petition Prohibition ~ ***AMENDED***
|
| On Behalf Of |
James B. Riley
|
|
| Docket Date |
2022-08-12
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition ~ ***STRICKEN******AMENDED***
|
| On Behalf Of |
James B. Riley
|
|
| Docket Date |
2022-08-11
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that petitioners' amended appendix to the petition is stricken as not in compliance with Florida Rule of Appellate Procedure 9.220(c), which was amended effective October 1, 2017, in that it was not properly indexed and consecutively paginated, beginning with the cover sheet as page 1, was not completely text searchable, was not paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index, and contains bookmarks which are not in compliance with Rule 9.220(c)(3). An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2022-08-09
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition ~ **AMENDED** ***STRICKEN***
|
| On Behalf Of |
James B. Riley
|
|
| Docket Date |
2022-08-09
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Prohibition / Acknowledgment letter
|
|
| Docket Date |
2022-08-08
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
|
| Docket Date |
2022-08-05
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition ~ *FILING FEE PAID ELECTRONICALLY
|
|
| Docket Date |
2022-08-05
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-08-05
|
| Type |
Petition
|
| Subtype |
Petition Prohibition
|
| Description |
Petition Prohibition ~ *FILING FEE PAID ELECTRONICALLY
|
| On Behalf Of |
James B. Riley
|
|
|
|
EDGAR MONSERRATT, as Personal Representative of the ESTATE OF EDGAR MONSERRATT MARTINEZ, Deceased VS TESLA, INC. a/k/a TESLA FLORIDA, INC., et al.
|
4D2022-2137
|
2022-08-05
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Prohibition
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE19-000422
|
Parties
| Name |
Estate of Edgar Monserratt Martinez
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Edgar Monserratt
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Cristina Sabbagh, Jonathan Gdanski, Scott P. Schlesinger, Bard D. Rockenbach
|
|
| Name |
Estate of Barrett Riley
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
TESLA, INC.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Laurie Anne Primus, Philip Harnett Corboy, Jr., Robert J. Rudock, Wendy Frank Lumish, Alina Alonso Rodriguez, Whitney V. Cruz
|
|
| Name |
Halston Loyd
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
TESLA FLORIDA, INC.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
JR CORPORATE SERVICES GROUP LLC
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
James B. Riley
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Hon. John B. Bowman
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-10-07
|
| Type |
Disposition
|
| Subtype |
Denied
|
| Description |
Denied - Order by Judge
|
|
| Docket Date |
2022-10-07
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
Order Denying Petition for Writ - Prohib. ~ ORDERED that the August 5, 2022 petition for writ of prohibition is denied.KLINGENSMITH, C.J., WARNER and LEVINE, JJ., concur.
|
|
| Docket Date |
2022-10-04
|
| Type |
Response
|
| Subtype |
Reply
|
| Description |
Reply ~ IN SUPPORT OF PETITION FOR WRIT OF PROHIBITION
|
| On Behalf Of |
Edgar Monserratt
|
|
| Docket Date |
2022-09-30
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Response
|
| On Behalf Of |
Tesla, Inc.
|
|
| Docket Date |
2022-09-19
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Reply to Response
|
| Description |
Grant EOT to Reply to Response ~ ORDERED that petitioner’s September 16, 2022 motion for extension of time is granted and the time for filing a reply to the response is extended fifteen (15) days from the current due date.
|
|
| Docket Date |
2022-09-16
|
| Type |
Motions Extensions
|
| Subtype |
Motion Extension of Time To Reply To Response
|
| Description |
Motion Extension of TimeTo Reply To Response
|
| On Behalf Of |
Edgar Monserratt
|
|
| Docket Date |
2022-09-08
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Tesla, Inc.
|
|
| Docket Date |
2022-09-08
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
Tesla, Inc.
|
|
| Docket Date |
2022-08-24
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Tesla, Inc.
|
|
| Docket Date |
2022-08-19
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORD-Granting Consolidation ~ ORDERED that petitioners’ August 18, 2022 joint motion to consolidate is granted. Case numbers 4D22-2137 and 4D22-2141 are consolidated for all purposes and shall proceed under case number 4D22-2137. Respondents are ordered to show cause why the petition should not be granted. Within twenty (20) days from the date of this order, respondent Tesla, Inc. shall file a response to the petitions. Petitioners may file a reply within ten (10) days thereafter.
|
|
| Docket Date |
2022-08-18
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate
|
| On Behalf Of |
Edgar Monserratt
|
|
| Docket Date |
2022-08-09
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Prohibition / Acknowledgment letter
|
|
| Docket Date |
2022-08-05
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
|
| Docket Date |
2022-08-05
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition ~ *FILING FEE PAID ELECTRONICALLY
|
|
| Docket Date |
2022-08-05
|
| Type |
Petition
|
| Subtype |
Petition Prohibition
|
| Description |
Petition Prohibition ~ *FILING FEE PAID ELECTRONICALLY
|
| On Behalf Of |
Edgar Monserratt
|
|
|
