| Docket Date |
2022-07-27
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time ~ 30 days-Ib
|
| On Behalf Of |
Charles Berry
|
|
| Docket Date |
2023-02-23
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ FOR AES, BEACH KERNAN INVESTMENTS, LLC AND PROPERTYMANAGEMENT SUPPORT, INC.
|
| On Behalf Of |
Publix Supermarkets, Inc., #644
|
|
| Docket Date |
2024-01-29
|
| Type |
Record
|
| Subtype |
Returned Records
|
| Description |
Returned Records ~ NO RECORD EFILED
|
|
| Docket Date |
2024-01-29
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2024-01-09
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting attorney's fee - Dresser
|
|
| Docket Date |
2024-01-09
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed ~ PCA
|
|
| Docket Date |
2023-04-13
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
NOTICE OF PANEL ASSIGNMENT
|
|
| Docket Date |
2023-03-27
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Charles Berry
|
|
| Docket Date |
2023-02-28
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Grant EOT for Answer Brief ~ 2/23 ANSWER BRF IS ACCEPTED
|
|
| Docket Date |
2022-08-22
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time ~ IB 15 days
|
| On Behalf Of |
Charles Berry
|
|
| Docket Date |
2023-02-17
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extensio of time to file Answer Brief ~ FOR AE, BEACH KERNAN INVESTMENTS, LLC AND PROPERTY MANAGEMENT SUPPORT, INC.
|
| On Behalf Of |
Publix Supermarkets, Inc., #644
|
|
| Docket Date |
2023-02-07
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Grant EOT for Answer Brief ~ ANSWER BRF BY BEACH KERNAN INV. AND PROPERTY MANAGEMENT SUPPORT BY 2/20; ABSENT EXTENUATING CIRCUMSTANCES, ADDITIONAL EXTENSIONS OF TIME WILL BE DENIED.
|
|
| Docket Date |
2023-02-01
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extensio of time to file Answer Brief ~ FOR AE, BEACH KERNAN INVESTMENTS, LLC AND PROPERTYMANAGEMENT SUPPORT, INC.
|
| On Behalf Of |
Publix Supermarkets, Inc., #644
|
|
| Docket Date |
2023-01-06
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ GRANTED PER 1/9 ORDER
|
| On Behalf Of |
Publix Supermarkets, Inc., #644
|
|
| Docket Date |
2023-01-06
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ FOR AE, PUBLIX SUPER MARKETS, INC.
|
| On Behalf Of |
Publix Supermarkets, Inc., #644
|
|
| Docket Date |
2023-01-03
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgement Letter 1
|
|
| Docket Date |
2022-12-27
|
| Type |
Disposition by Order
|
| Subtype |
Transferred
|
| Description |
Transfer 4th Circuit Case to 5th DCA ~ Beginning January 1, 2023, the Fifth District Court of Appeal will have jurisdiction over matters originating in the Fourth Judicial Circuit. Ch. 22-163, Laws of Fla. By order of the Florida Supreme Court, effective January 1, 2023, the First District shall transfer to the Fifth District Court of Appeal any pending cases originating from the Fourth Judicial Circuit. In re: Implementation of a Sixth District Court of Appeal and Realignment of the Jurisdictional Boundaries of Other Appellate Districts, Fla. Admin. Order No. AOSC22-81 (November 1, 2022).Because the time for briefing this appeal will not conclude before January 1, 2023, the Court notifies all parties and any attorneys of record that this case will transfer to the Fifth District Court of Appeal, on January 1, 2023. No further order will issue to effectuate the transfer. This Court will accept filings in this case until 11:59:59 p.m. on December 31, 2022. After that date, all filings must be submitted to the Fifth District Court of Appeal via the Florida Courts E-Filing Portal or, if permitted to be filed in paper, to the Clerk’s Office, Fifth District Court of Appeal, 300 South Beach Street, Daytona Beach, Florida 32114.
|
|
| Docket Date |
2022-12-22
|
| Type |
Order
|
| Subtype |
Order Vacating/Withdrawing Order
|
| Description |
Withdraw Ct's Order Issued in Error ~ The Court withdraws the order, issued on December 21, 2022, as issued in error.The Court grants the motion to withdraw as counsel for Appellee, filed on December 2, 2022, by Katherine E. Giddings, and substitutes Nancy M. Wallace as counsel for Appellee along with Diane G. DeWolf.The Court grants Appellees Kernan Investments, L.L.C. and Property Management Support Inc.’s motion for extension of time, filed on December 5, 2022. Appellees shall serve the answer brief on or before February 6, 2023.
|
|
| Docket Date |
2022-12-21
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
Grant Withdrawal of Appellee's Counsel ~ WITHDRAWN The Court grants the motion to withdraw as counsel for Appellee, filed on December 2, 2022, by Katherine E. Giddings, and substitutes Nancy M. Wallace as counsel for Appellee along with Diane G. DeWolf.The Court denies the motion for extension of time, filed on December 5, 2022, as moot since the parties have filed a notice of agreed extension of time.
|
|
| Docket Date |
2022-12-06
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ AB/30 days 1/6/23
|
|
| Docket Date |
2022-12-05
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time ~ AB 30 days Publix Supermarkets, Inc.
|
| On Behalf Of |
Publix Supermarkets, Inc., #644
|
|
| Docket Date |
2022-12-05
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extensio of time to file Answer Brief ~ Kernan Investments, LLC and Property Management Support, Inc.
|
| On Behalf Of |
Publix Supermarkets, Inc., #644
|
|
| Docket Date |
2022-12-02
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel ~ and notice of appearance for Nancy M. Wallace
|
| On Behalf Of |
Publix Supermarkets, Inc., #644
|
|
| Docket Date |
2022-11-07
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Charles Berry
|
|
| Docket Date |
2022-10-20
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 899 pages - Supplement 1
|
| On Behalf Of |
Jody Phillips
|
|
| Docket Date |
2022-10-20
|
| Type |
Notice
|
| Subtype |
Notice of Inability
|
| Description |
Notice of Inability ~ to transmit the record on appeal
|
| On Behalf Of |
Jody Phillips
|
|
| Docket Date |
2022-09-16
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Grant Suppl Rcd-Transmit/brf EOT ~ The Court grants Appellant’s motion filed September 15, 2022, seeking to supplement the record on appeal with the following: Docket 2-ComplaintDocket 60-Amended ComplaintDocket 61-Answer and Affirmative Defenses (Publix)Docket 73-Motion for Summary Judgment (Publix)Docket 98-Second Amended ComplaintDocket 113-Answer and Affirmative Defenses (Property Management Support and Beach Kernan Investments)Docket 146-Motion for Summary Judgment (Property Management Support and Beach Kernan Investments)Docket 147-Notice of Filing Deposition of Hannah TucciaroneDocket 148-Deposition of Hannah TucciaroneDocket 149-Publix’s Memorandum in Support of Motion for Summary JudgmentDocket 151-Plaintiff’s Memorandum in Opposition to Publix Motion for Summary JudgmentDocket 153-Deposition of Charles BerryDocket 154-Deposition of Charles BerryDocket 157-Deposition of Jaclyn BerryDocket 159-Deposition of Frank SchultzDocket 160-Deposition of Brett RosenbaumDocket 161-Deposition of Kellie SellDocket 162-Deposition of Vanessa AlbaDocket 165-Order denying Publix Motion for Summary JudgmentDocket 224-Publix’s Renewed Motion for Summary JudgmentDocket 226-Amended Motion for Summary Judgment (Property Management Support and Beach Kernan Investments). Counsel for movant shall ensure preparation and transmittal of the supplemental record by the clerk of the lower tribunal on or before October 17, 2022. The Court extends time for service of the initial brief to fifteen days following transmittal of the supplemental record.
|
|
| Docket Date |
2022-09-15
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record ~ and EOT re IB
|
| On Behalf Of |
Charles Berry
|
|
| Docket Date |
2022-09-14
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Deny Motion to Supplement the Record ~ The Court denies the motion to supplement the record and request for brief extension filed on September 9, 2022, as the motion fails to specify the documents that are missing from the record.The Court denies Appellant’s request for extension of time filed September 9, 2022, for failure to set forth a bona fide case of emergency as required by this Court’s Administrative Order 19-2 (Fla. 1st DCA 2019). Appellant shall serve the initial brief within five business days from the date of this order. If Appellant fails to serve the initial brief within the time allowed by this order, the Court may dismiss the case without further opportunity to be heard. See Fla. R. App. P. 9.410.
|
|
| Docket Date |
2022-09-09
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record ~ and for eot for IB
|
| On Behalf Of |
Charles Berry
|
|
| Docket Date |
2022-08-22
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB 15 days 9/12/22
|
|
| Docket Date |
2022-07-27
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB 30 days 8/28/22
|
|
| Docket Date |
2022-06-09
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time ~ 45 days- IB
|
| On Behalf Of |
Charles Berry
|
|
| Docket Date |
2022-06-09
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB 45 days 7/29/22
|
|
| Docket Date |
2022-06-08
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 385 pages
|
| On Behalf Of |
Jody Phillips
|
|
| Docket Date |
2022-05-05
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Publix Supermarkets, Inc., #644
|
|
| Docket Date |
2022-05-03
|
| Type |
Misc. Events
|
| Subtype |
Docketing Statement
|
| Description |
Docketing Statement
|
|
| Docket Date |
2022-04-27
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Acknowledgment of Service List ~ The notice filed by counsel for the Appellee on April 26, 2022, providing e-mail addresses, is acknowledged. However, in addition to filing such notice, counsel of record are responsible for ensuring their primary and/or secondary e-mail addresses under their profile in the Florida Courts E-Filing Portal and eDCA are consistent with the filed notice in order to receive e-mailed notification (Casemail) from the court. Profiles for eDCA users may be updated by clicking on the “My Profile” link and clicking the “Submit” button after making the desired changes.
|
|
| Docket Date |
2022-04-26
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ AND NOTICE OF COMPLIANCE WITH RULE 2.516 AND DESIGNATION OF EMAIL ADDRESS
|
| On Behalf Of |
Publix Supermarkets, Inc., #644
|
|
| Docket Date |
2022-04-21
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
CASE FILING FEE PAID THROUGH PORTAL
|
|
| Docket Date |
2022-04-19
|
| Type |
Order
|
| Subtype |
Filing Fee Due
|
| Description |
Appeal-Pay Fee/Submit LT Ord of Insolv ($300) ~ Appellant has filed a notice of appeal in the lower tribunal without the entry of an order of insolvency or deposit of the statutory filing fee. Accordingly, Appellant shall, within 30 days from the date of this order, either file a certified copy of the lower tribunal's order of insolvency for appellate purposes as required by Florida Rule of Appellate Procedure 9.430 or pay to the clerk of this Court the sum of $300.00 as the appellate filing fee required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2018). If Appellant seeks a waiver of the filing fee on the grounds of indigency, Appellant shall file a motion and affidavit of indigency with the clerk of the lower tribunal (the court, agency, officer, board, commission, or body whose order is to be reviewed) for a determination by the lower tribunal of whether an order of insolvency should be issued pursuant to Rule 9.430 and Section 57.081(1) or 57.085(2), Florida Statutes (2018), as applicable.This appeal shall not proceed until the order of insolvency is filed or the fee is paid. Failure to comply with this order will result in the dismissal of this case without further opportunity to be heard. Florida Rule of Appellate Procedure 9.410.
|
|
| Docket Date |
2022-04-13
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Notice of Appeal / Acknowledgement letter ~ Notice of Appeal from the lower tribunal reflecting a filing date of April 5, 2022.
|
|
| Docket Date |
2022-04-11
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-04-11
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ order appealed attached
|
| On Behalf Of |
Charles Berry
|
|
