Docket Date |
2019-09-24
|
Type |
Record
|
Subtype |
Returned Exhibits
|
Description |
Returned Exhibits
|
|
Docket Date |
2019-06-21
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2019-06-04
|
Type |
Order
|
Subtype |
Order on Motion for Rehearing
|
Description |
ORD-Denying Rehearing ~ ORDERED that the appellants’ May 8, 2019 motion for rehearing is denied. Further,ORDERED that the appellants’ May 8, 2019 motion for oral argument on their motion for rehearing is denied.
|
|
Docket Date |
2019-06-04
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2019-05-30
|
Type |
Response
|
Subtype |
Response
|
Description |
Response
|
On Behalf Of |
MICHELIN NORTH AMERICA, INC.
|
|
Docket Date |
2019-05-22
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to File Response
|
Description |
Grant EOT to file Response ~ ORDERED that appellees’ May 21, 2019 motion for extension of time is granted, and the time for filing a response is extended seven (7) days from the current due date.
|
|
Docket Date |
2019-05-21
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to File Response
|
Description |
Motion for Extension of Time to File Response
|
On Behalf Of |
MICHELIN NORTH AMERICA, INC.
|
|
Docket Date |
2019-05-08
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Motion For Oral Argument ~ (ON MOTION FOR REHEARING)
|
On Behalf Of |
STEVETTE DUKES
|
|
Docket Date |
2019-05-08
|
Type |
Post-Disposition Motions
|
Subtype |
Motion for Rehearing
|
Description |
Motion For Rehearing
|
On Behalf Of |
STEVETTE DUKES
|
|
Docket Date |
2019-04-23
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Grant Extension of Time ~ ORDERED that appellant's April 18, 2019 motion for extension of time is granted and the post-opinion motion shall be filed within fifteen (15) days from the date of this order.
|
|
Docket Date |
2019-04-18
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time
|
Description |
Motion for Extension of Time
|
On Behalf Of |
STEVETTE DUKES
|
|
Docket Date |
2019-04-04
|
Type |
Order
|
Subtype |
Order on Motion For Attorney's Fees
|
Description |
Order Granting Attorney Fees-Offer Judg. ~ ORDERED that the appellee, Michelin North America, Inc.’s November 1, 2018 motion for appellate attorney's fees is granted conditioned on the trial court determining that appellee, Michelin North America, Inc. is entitled to fees under section 768.79, Florida Statutes (2017) and, if so, setting the amount of the attorney's fees to be awarded for this appellate case. If a motion for rehearing is filed in this court, then services rendered in connection with the motion, including, but not limited to, preparation of a responsive pleading, shall be taken into account in computing the amount of the fee. FurtherORDERED that the motion for costs filed by Wendy F. Lumish is denied without prejudice to seek costs in the trial court.
|
|
Docket Date |
2019-04-04
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed - Per Curiam Affirmed
|
|
Docket Date |
2018-12-17
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant's Reply Brief
|
On Behalf Of |
STEVETTE DUKES
|
|
Docket Date |
2018-12-17
|
Type |
Order
|
Subtype |
Order on Motion To File Enlarged Brief
|
Description |
Order Authorizing Longer Brief ~ ORDERED that the appellants’ December 12, 2018 “unopposed motion for leave to file overlength reply brief” is granted. Appellants' proposed reply brief is deemed filed as of the date of this order.
|
|
Docket Date |
2018-12-12
|
Type |
Motions Relating to Briefs
|
Subtype |
Motion To File Enlarged Brief
|
Description |
Motion To File Enlarged Brief
|
On Behalf Of |
STEVETTE DUKES
|
|
Docket Date |
2018-12-12
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ TO TAKATA APPELLEES' MOTION FOR ATTORNEY'S FEES AND COSTS
|
On Behalf Of |
STEVETTE DUKES
|
|
Docket Date |
2018-11-27
|
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 November 26, 2018 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. Pursuant to this court's November 19, 2018 order, the response to the motion for attorney’s fees shall be filed contemporaneously with the reply brief.
|
|
Docket Date |
2018-11-26
|
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 |
STEVETTE DUKES
|
|
Docket Date |
2018-11-19
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to File Response
|
Description |
Grant EOT to file Response ~ ORDERED that appellants’ November 16, 2018 motion for extension of time is granted and the response shall be filed contemporaneously with the filing of the reply brief.
|
|
Docket Date |
2018-11-16
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to File Response
|
Description |
Motion for Extension of Time to File Response
|
On Behalf Of |
STEVETTE DUKES
|
|
Docket Date |
2018-11-01
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief
|
On Behalf Of |
MICHELIN NORTH AMERICA, INC.
|
|
Docket Date |
2018-11-01
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees ~ *AND* COSTS (Takata Corporation and TK Holdings, Inc.) RESPONSE FILED 12/12/18
|
On Behalf Of |
MICHELIN NORTH AMERICA, INC.
|
|
Docket Date |
2018-10-23
|
Type |
Order
|
Subtype |
Order on Motion to Appear Pro Hac Vice
|
Description |
Ord-Leave to Appear Pro Hac Vice ~ ORDERED that Thomas P. Branigan's October 22, 2018 verified motion for permission to appear pro hac vice is granted, and Thomas P. Branigan, Esquire, is permitted to appear in this appeal as counsel for appellee. Thomas P. Branigan, Esquire, is advised that this court does not send paper documents to attorneys and he or she shall register for this court’s eDCA system within five (5) days from the date of this order.
|
|
Docket Date |
2018-10-22
|
Type |
Motions Relating to Parties and Counsel
|
Subtype |
Motion to Appear Pro Hac Vice
|
Description |
Mot. to appear pro hac vice ~ (Jeffrey T. Gorcyca)
|
On Behalf Of |
MICHELIN NORTH AMERICA, INC.
|
|
Docket Date |
2018-10-17
|
Type |
Order
|
Subtype |
Order on Motion to Appear Pro Hac Vice
|
Description |
Ord-Leave to Appear Pro Hac Vice ~ ORDERED that Michael L. O'Donnell's October 15, 2018 verified motion for permission to appear pro hac vice is granted, and Michael L. O'Donnell, Esquire, is permitted to appear in this appeal as counsel for appellee. Michael L. O'Donnell, Esquire, is advised that this court does not send paper documents to attorneys and he or she shall register for this court’s eDCA system within five (5) days from the date of this order.
|
|
Docket Date |
2018-10-15
|
Type |
Motions Relating to Parties and Counsel
|
Subtype |
Motion to Appear Pro Hac Vice
|
Description |
Mot. to appear pro hac vice ~ (Michael L. O'Donnell)
|
On Behalf Of |
MICHELIN NORTH AMERICA, INC.
|
|
Docket Date |
2018-10-03
|
Type |
Order
|
Subtype |
Order on Motion To File Enlarged Brief
|
Description |
Order Authorizing Longer Brief ~ ORDERED that appellees' September 25, 2018 motion to file enlarged joint answer brief and for an extension of time is granted. Appellees shall file their joint answer brief, not to exceed 75 pages, within thirty (30) days from the date of this order. In addition, appellee is notified that the failure to serve the brief within the time provided herein may foreclose appellee's right to file a brief or otherwise participate in this appeal.
|
|
Docket Date |
2018-09-25
|
Type |
Motions Relating to Briefs
|
Subtype |
Motion To File Enlarged Brief
|
Description |
Motion To File Enlarged Brief ~ *AND* MOTION FOR EOT
|
On Behalf Of |
MICHELIN NORTH AMERICA, INC.
|
|
Docket Date |
2018-08-30
|
Type |
Record
|
Subtype |
Supplemental Record
|
Description |
Supplemental Records ~ (15 PAGES) (CONTAINS RECORD PAGES 29220 - 29232)
|
|
Docket Date |
2018-08-13
|
Type |
Order
|
Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
Description |
ORD-Grant Supplemental ROA & EOT for Brief ~ ORDERED that appellees' August 9, 2018 motion to supplement the record and for extension of time 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 twenty (20) days from the date of this order. Appellant shall monitor the supplementation process. Further,ORDERED that appellees shall serve the answer brief within thirty (30) days from receipt of the supplemental record.
|
|
Docket Date |
2018-08-09
|
Type |
Motions Relating to Records
|
Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
Description |
Motion Supplemental Record & Eot For Brief
|
On Behalf Of |
MICHELIN NORTH AMERICA, INC.
|
|
Docket Date |
2018-07-12
|
Type |
Order
|
Subtype |
Order on Agreed Extension of Time
|
Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 8/15/18
|
|
Docket Date |
2018-07-12
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
Description |
Notice of Agreed Extension - Answer Brief
|
On Behalf Of |
MICHELIN NORTH AMERICA, INC.
|
|
Docket Date |
2018-06-13
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
Description |
Notice of Agreed Extension - Answer Brief
|
On Behalf Of |
MICHELIN NORTH AMERICA, INC.
|
|
Docket Date |
2018-06-13
|
Type |
Order
|
Subtype |
Order on Agreed Extension of Time
|
Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 7/14/18
|
|
Docket Date |
2018-05-11
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
Description |
Notice of Agreed Extension - Answer Brief ~ 30 DAYS TO 6/14/18
|
On Behalf Of |
MICHELIN NORTH AMERICA, INC.
|
|
Docket Date |
2018-04-30
|
Type |
Order
|
Subtype |
Order on Motion To File Enlarged Brief
|
Description |
Order Authorizing Longer Brief ~ ORDERED that appellants' April 20, 2018 motion to file enlarged brief is granted, and the proposed initial brief is deemed filed.
|
|
Docket Date |
2018-04-23
|
Type |
Record
|
Subtype |
Supplemental Record
|
Description |
Supplemental Records ~ 116 PAGES (CONTAINS RECORD PAGES 29103 - 29217)
|
|
Docket Date |
2018-04-20
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix to Brief
|
On Behalf Of |
STEVETTE DUKES
|
|
Docket Date |
2018-04-20
|
Type |
Motions Relating to Briefs
|
Subtype |
Motion To File Enlarged Brief
|
Description |
Motion To File Enlarged Brief
|
On Behalf Of |
STEVETTE DUKES
|
|
Docket Date |
2018-04-20
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
STEVETTE DUKES
|
|
Docket Date |
2018-04-19
|
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 18, 2018 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 |
2018-04-18
|
Type |
Motions Relating to Records
|
Subtype |
Motion to Supplement Record
|
Description |
Motion To File Supplemental Record
|
On Behalf Of |
STEVETTE DUKES
|
|
Docket Date |
2018-04-18
|
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 |
STEVETTE DUKES
|
|
Docket Date |
2018-04-03
|
Type |
Record
|
Subtype |
Supplemental Record
|
Description |
Supplemental Records ~ 373 PAGES (CONTAINS RECORD PAGES 28731-29102) ***CONFIDENTIAL***
|
|
Docket Date |
2018-03-14
|
Type |
Order
|
Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
Description |
ORD-Grant Supplemental ROA & EOT for Brief ~ ORDERED that appellants’ March 12, 2018 motion to supplement the record and for extension of time 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 twenty (20) days from the date of this order. Appellants shall monitor the supplementation process. Further,ORDERED that appellants shall serve the initial brief within fifteen (15) days from receipt of the supplemental record and the index to the supplemental record.
|
|
Docket Date |
2018-03-12
|
Type |
Motions Relating to Records
|
Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
Description |
Motion Supplemental Record & Eot For Brief
|
On Behalf Of |
STEVETTE DUKES
|
|
Docket Date |
2018-02-09
|
Type |
Record
|
Subtype |
Supplemental Record
|
Description |
Supplemental Records ~ (88 PAGES) (CONTAINS RECORD PAGES 28644-28730)
|
|
Docket Date |
2018-01-30
|
Type |
Order
|
Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
Description |
ORD-Grant Supplemental ROA & EOT for Brief ~ ORDERED that appellants’ January 25, 2018 motion to supplement the record and for extension of time 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 twenty (20) days from the date of this order. Appellants shall monitor the supplementation process. Further,ORDERED that appellants shall serve the initial brief within thirty (30) days from receipt of the supplemental record and the index to the supplemental record.
|
|
Docket Date |
2018-01-25
|
Type |
Motions Relating to Records
|
Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
Description |
Motion Supplemental Record & Eot For Brief
|
On Behalf Of |
STEVETTE DUKES
|
|
Docket Date |
2017-12-22
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
Description |
Notice of Agreed Extension - Initial Brief ~ 30 DAYS TO 1/25/18
|
On Behalf Of |
STEVETTE DUKES
|
|
Docket Date |
2017-11-03
|
Type |
Order
|
Subtype |
Order re Stay
|
Description |
Stay is lifted, case to proceed ~ ORDERED, upon consideration of appellees' November 2, 2017 notice of order lifting bankruptcy stay, the stay is lifted and appellants shall file the initial brief within fifty (50) days from the date of this order.
|
|
Docket Date |
2017-11-02
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ OF ORDER LIFTING BANKRUPTCY STAY
|
On Behalf Of |
MICHELIN NORTH AMERICA, INC.
|
|
Docket Date |
2017-10-27
|
Type |
Misc. Events
|
Subtype |
Status Report
|
Description |
Status Report ~ RE: BANKRUPTCY
|
On Behalf Of |
MICHELIN NORTH AMERICA, INC.
|
|
Docket Date |
2017-10-26
|
Type |
Order
|
Subtype |
Order to File Status Report
|
Description |
Order to File Status Report ~ ORDERED that Christine Davis Graves is directed to file a status report within ten (10) days from the date of this order regarding the bankruptcy proceedings.
|
|
Docket Date |
2017-07-26
|
Type |
Order
|
Subtype |
Order Bankruptcy
|
Description |
ORD-Case Stayed Pending Bankruptcy ~ A suggestion of bankruptcy having been filed, and it appearing that no cause exists as to why the entire above-styled appeal should not be stayed by virtue of 11 U.S.C. § 362, it is ORDERED that:This appeal is stayed. If the bankruptcy case becomes closed, dismissed, or modified to permit this appeal to proceed, then appellee TK Holdings Inc., shall promptly, and in no event later than twenty (20) days after the event has occurred, notify this court in writing that this appeal may proceed.Unless this appeal is voluntarily dismissed, appellee TK Holdings Inc., within ninety (90) days from the date of this order, and then every ninety (90) days thereafter, shall notify this court as to the status of the bankruptcy case.
|
|
Docket Date |
2017-07-20
|
Type |
Response
|
Subtype |
Response
|
Description |
Response to Order to Show Cause
|
On Behalf Of |
STEVETTE DUKES
|
|
Docket Date |
2017-06-30
|
Type |
Order
|
Subtype |
Show Cause re Bankruptcy
|
Description |
Order on Suggestion of Bankruptcy ~ A suggestion of bankruptcy having been filed, it is ORDERED that all parties shall show cause in writing, if any there be, within twenty (20) days from the date of this order, why the entire above-styled appeal should not be stayed by virtue of 11 U.S.C. § 362. If a party believes that no such cause exists, that party need not file a response.
|
|
Docket Date |
2017-06-28
|
Type |
Notice
|
Subtype |
Suggestion of Bankruptcy
|
Description |
Suggestion of Bankruptcy
|
On Behalf Of |
MICHELIN NORTH AMERICA, INC.
|
|
Docket Date |
2017-06-14
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
Description |
Notice of Agreed Extension - Initial Brief ~ (AMENDED) 60 DAYS TO 8/11/17
|
On Behalf Of |
STEVETTE DUKES
|
|
Docket Date |
2017-06-12
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ 1717 PAGES (CONTAINS RECORD PAGES 23982-25666) **CONFIDENTIAL**
|
|
Docket Date |
2017-01-24
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2017-01-20
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
Docket Date |
2017-01-20
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
STEVETTE DUKES
|
|
Docket Date |
2017-06-12
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
Description |
Notice of Agreed Extension - Initial Brief ~ 60 DAYS TO 8/11/17 **SEE AMENDED NOTICE FILED 6/14/17**
|
On Behalf Of |
STEVETTE DUKES
|
|
Docket Date |
2017-05-23
|
Type |
Record
|
Subtype |
Exhibits
|
Description |
Received Exhibits ~ ONE (1) ENVELOPE ***CONFIDENTIAL***
|
|
Docket Date |
2017-04-19
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time for Record
|
Description |
ORD-Grant EOT to Complete ROA ~ ORDERED that the clerk's April 13, 2017 motion for extension of time is granted in part, and the time for the clerk of the circuit court to prepare the record on appeal and serve the index to the record is extended thirty (30) days from the date of this order. The court notes that the clerk of the lower tribunal has already received a prior thirty (30) day extension to prepare the record on appeal. All other time frames are extended accordingly. See Fla. R. App. P. 9.300(b).
|
|
Docket Date |
2017-06-09
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ 1277 PAGES (CONTAINS RECORD PAGES 20315-21559) **CONFIDENTIAL**
|
|
Docket Date |
2017-04-13
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time for Record
|
Description |
Motion Extension of Time To Complete ROA
|
|
Docket Date |
2017-04-03
|
Type |
Order
|
Subtype |
Order on Motion to Appear Pro Hac Vice
|
Description |
Ord-Leave to Appear Pro Hac Vice ~ ORDERED that the March 28, 2017 verified motion of Theresa Wardon for permission to appear pro hac vice is granted, and Theresa Wardon is permitted to appear in this appeal as counsel for appellee Michelin North America, Inc.
|
|
Docket Date |
2017-03-28
|
Type |
Motions Relating to Parties and Counsel
|
Subtype |
Motion to Appear Pro Hac Vice
|
Description |
Mot. to appear pro hac vice
|
On Behalf Of |
MICHELIN NORTH AMERICA, INC.
|
|
Docket Date |
2017-03-14
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time for Record
|
Description |
ORD-Grant EOT to Complete ROA ~ ORDERED that appellant's March 8, 2017 motion for extension on behalf of the clerk is granted, and the time for the clerk of the circuit court to prepare the record on appeal and serve the index to the record is extended thirty (30) days from the date of this order. All other time frames are extended accordingly. See Fla. R. App. P. 9.300(b).
|
|
Docket Date |
2017-03-08
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time for Record
|
Description |
Motion Extension of Time To File Record
|
On Behalf Of |
STEVETTE DUKES
|
|
Docket Date |
2017-06-08
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ 2037 PAGES (CONTAINS RECORD PAGES 3929-5933)
|
|
Docket Date |
2017-01-27
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
MICHELIN NORTH AMERICA, INC.
|
|