| Docket Date |
2024-08-26
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-08-26
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2024-08-06
|
| Type |
Order
|
| Subtype |
Order on Motion for Written Opinion
|
| Description |
Appellant's motion for written opinion is denied.
|
| View |
View File
|
|
| Docket Date |
2024-07-23
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
APPELLEE'S RESPONSE TO APPELLANT'S MOTION FOR
WRITTEN OPINION
|
| On Behalf Of |
CSX Transporation, Inc.,
|
|
| Docket Date |
2024-07-15
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Written Opinion
|
| Description |
Motion for Written Opinion
|
| On Behalf Of |
JOHNNY DANIELS
|
|
| Docket Date |
2024-06-28
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed
|
| View |
View File
|
|
| Docket Date |
2024-05-07
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set
|
|
| Docket Date |
2024-03-26
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Grant Reply Brf Ext-Brf Accepted as Timely-5E ~ Appellant's motion for extension of time is granted to the extent that the replybrief is accepted as timely filed.
|
|
| Docket Date |
2024-03-25
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
JOHNNY DANIELS
|
|
| Docket Date |
2024-03-22
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant Reply Brief
|
| On Behalf Of |
JOHNNY DANIELS
|
|
| Docket Date |
2024-03-20
|
| 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 |
JOHNNY DANIELS
|
|
| Docket Date |
2024-03-15
|
| Type |
Order
|
| Subtype |
Order on Motion to Appear Pro Hac Vice
|
| Description |
grant pro hac vice and $100 fee ~ The motion for reconsideration is granted.Attorney James W. Turner's motion to appear as a foreign attorney is granted. All parties must serve sponsoring Florida attorney Daniel J. Fleming with all submissions when serving foreign attorney Turner with documents.
|
|
| Docket Date |
2024-03-13
|
| Type |
Misc. Events
|
| Subtype |
Pro Hac Vice Fee Paid through Portal
|
| Description |
Pro Hac Vice Fee Paid through Portal ~ JAMES W. TURNER
|
| On Behalf Of |
CSX Transporation, Inc.,
|
|
| Docket Date |
2024-03-13
|
| Type |
Motions Other
|
| Subtype |
Motion for Reconsideration/Rehearing of an Order
|
| Description |
Motion For Reconsideration ~ APPELLEE'S MOTION FOR RECONSIDERATION OF ORDERVACATING ORDER GRANTING JAMES W. TURNER'S MOTIONTO APPEAR AS A FOREIGN ATTORNEYAppellee
|
| On Behalf Of |
CSX Transporation, Inc.,
|
|
| Docket Date |
2024-03-12
|
| Type |
Order
|
| Subtype |
Order Vacating/Withdrawing Order
|
| Description |
ORDER VACATED ~ Due to the failure to remit the statutory fee of $100, as directed, this court'sFebruary 13, 2024, order is vacated. Attorney James W. Turner's motion to appear as aforeign attorney is denied.
|
|
| Docket Date |
2024-02-28
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
ORDER GRANTING APPELLANT'S REPLY BRIEF ~ Appellant's motion for extension of time is granted, and the reply brief shall beserved by March 20, 2024.
|
|
| Docket Date |
2024-02-26
|
| 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 |
JOHNNY DANIELS
|
|
| Docket Date |
2024-02-07
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion to Appear Pro Hac Vice
|
| Description |
Motion For Leave To Appear as Foreign Counsel ~ JAMES W. TURNER
|
| On Behalf Of |
CSX Transporation, Inc.,
|
|
| Docket Date |
2024-01-22
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 14 DAYS - AB DUE ON 02/08/24
|
| On Behalf Of |
CSX Transporation, Inc.,
|
|
| Docket Date |
2024-01-09
|
| Type |
Order
|
| Subtype |
Order on Motion to Accept Brief as Timely
|
| Description |
GR T/ACCEPT BRF FILED AS TIMELY ~ Upon consideration of the statements in "Appellee's Status Report Regarding Reconstruction of Record," the relinquishment period initiated by this court's September 11, 2023, order has concluded, and this matter shall proceed. The "Third Motion for Extension of Time to File the Appellant's Initial Brief" is granted to the extent that the initial brief filed on December 26, 2023, is accepted as timely filed.
|
|
| Docket Date |
2023-12-26
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
JOHNNY DANIELS
|
|
| Docket Date |
2023-12-26
|
| Type |
Record
|
| Subtype |
Appendix to Initial Brief
|
| Description |
Appendix for Initial Brief
|
| On Behalf Of |
JOHNNY DANIELS
|
|
| Docket Date |
2023-12-20
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 2ND SUPPLEMENT - 30 PAGES REDACTED
|
| On Behalf Of |
HILLSBOROUGH CLERK
|
|
| Docket Date |
2023-12-18
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ APPELLEE'S STATUS REPORT REGARDING RECONSTRUCTION OF RECORD
|
| On Behalf Of |
CSX Transporation, Inc.,
|
|
| Docket Date |
2023-12-18
|
| 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 |
JOHNNY DANIELS
|
|
| Docket Date |
2023-11-28
|
| Type |
Order
|
| Subtype |
Order on Motion to Relinquish Jurisdiction
|
| Description |
ORD-GRANTING EXTENSION FOR RELINQ. OF JURIS. ~ The second joint motion to extend relinquishment period is granted, and the relinquishment period entered by this court's September 11, 2023, order is extended to December 18, 2023. The appellee shall file a status report of the proceedings on or before December 18, 2023.
|
|
| Docket Date |
2023-11-24
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ SECOND JOINT MOTIONTO EXTEND RELINQUISHMENT PERIOD
|
| On Behalf Of |
JOHNNY DANIELS
|
|
| Docket Date |
2023-10-27
|
| Type |
Order
|
| Subtype |
Order on Motion to Relinquish Jurisdiction
|
| Description |
ORD-GRANTING EXTENSION FOR RELINQ. OF JURIS. ~ The Joint Motion to Extend Relinquishment Period is granted, and therelinquishment period entered by this court's September 11, 2023, order is extended toNovember 27, 2023. The appellee shall file a status report of the proceedings on orbefore November 27, 2023.
|
|
| Docket Date |
2023-10-26
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ JOINT MOTION TO EXTEND RELINQUISHMENT PERIOD
|
| On Behalf Of |
JOHNNY DANIELS
|
|
| Docket Date |
2023-10-04
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Grant Stay-55 ~ Appellant's motion to stay briefing pending supplementation of record is granted to the extent that the appeal is stayed during the relinquishment period granted by this court's September 11, 2023, order.
|
|
| Docket Date |
2023-09-12
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay ~ BRIEFINGPENDING SUPPLEMENTATION OF RECORD
|
| On Behalf Of |
JOHNNY DANIELS
|
|
| Docket Date |
2023-09-11
|
| Type |
Order
|
| Subtype |
Order on Motion to Relinquish Jurisdiction
|
| Description |
ORDER GRANTING RELINQUISH JURISDICTION ~ This order amends this court's order of September 7, 2023. Appellee's motion torelinquish jurisdiction is granted. Jurisdiction is relinquished to the trial court for 45 daysfrom the date of this order for the parties and trial court to reconstruct the record inaccordance with the issues identified in the motion to relinquish and with Florida Rule ofAppellate Procedure 9.200(b)(5). The clerk of the circuit court shall supplement therecord with the stipulated statement within 10 days of its filing; no further order from thiscourt shall be necessary for supplementation. The appellee shall file a status report ofthe proceedings within 45 days from the date of this order.
|
|
| Docket Date |
2023-09-06
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER ~ Appellant's motion to relinquish jurisdiction is granted. Jurisdiction is relinquishedto the trial court for 45 days from the date of this order for the parties and trial court toreconstruct the record in accordance with the issues identified in the motion torelinquish and with Florida Rule of Appellate Procedure 9.200(b)(5).The clerk of the circuit court shall supplement the record with the stipulatedstatement within 10 days of its filing; no further order from this court shall be necessaryfor supplementation. The appellant shall file a status report of the proceedings within 45days from the date of this order.
|
|
| Docket Date |
2023-08-25
|
| Type |
Motions Other
|
| Subtype |
Motion To Relinquish Jurisdiction
|
| Description |
Motion To Relinquish Jurisdiction
|
| On Behalf Of |
CSX Transporation, Inc.,
|
|
| Docket Date |
2023-08-25
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
JOHNNY DANIELS
|
|
| Docket Date |
2023-08-14
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 8 PAGES - REDACTED
|
| On Behalf Of |
HILLSBOROUGH CLERK
|
|
| Docket Date |
2024-02-08
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion to Appear Pro Hac Vice
|
| Description |
Motion For Leave To Appear as Foreign Counsel ~ AMENDED - JAMES W. TURNER
|
| On Behalf Of |
CSX Transporation, Inc.,
|
|
| Docket Date |
2023-08-09
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
ORDER GRANTING MOTION TO SUPPLEMENT THE RECORD ~ Appellee's motion to supplement the record is granted to the extent that appellee seeks to supplement the record with Defendant CSX Transportation Inc.'s Amended Expert Witness Disclosure, and appellee shall make arrangements within three days with the clerk of the lower tribunal for the supplementation of the record with that item, with the supplemental record to be filed in this court within twenty-five days from the date of this order. The remainder of the motion to supplement is denied without prejudice to appellee's filing a motion to relinquish jurisdiction to initiate proceedings in the trial court under Florida Rule of Appellate Procedure 9.200(b)(5).Appellant's motion for extension of time to file the appellant's initial brief is granted, and the initial brief shall be served on or before August 28, 2023.
|
|
| Docket Date |
2023-08-02
|
| Type |
Response
|
| Subtype |
Objection
|
| Description |
OBJECTION ~ APPELLANT'S RESPONSE IN OPPOSITION TO APPELLEE'S MOTION TO SUPPLEMENT RECORD
|
| On Behalf Of |
JOHNNY DANIELS
|
|
| Docket Date |
2023-07-26
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-STRICKEN ~ The record transmitted on June 28, 2023, is stricken.
|
|
| Docket Date |
2023-07-26
|
| 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 |
JOHNNY DANIELS
|
|
| Docket Date |
2023-07-21
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ PEACOCK 1600 PAGES - REDACTED ***CORRECTED RECORD***
|
| On Behalf Of |
HILLSBOROUGH CLERK
|
|
| Docket Date |
2023-07-18
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
CSX Transporation, Inc.,
|
|
| Docket Date |
2023-06-28
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ PEACOCK 1599 PAGES - REDACTED
|
| On Behalf Of |
HILLSBOROUGH CLERK
|
|
| Docket Date |
2023-05-29
|
| Type |
Misc. Events
|
| Subtype |
Pro Hac Vice Fee Paid through Portal
|
| Description |
Pro Hac Vice Fee Paid through Portal
|
| On Behalf Of |
JOHNNY DANIELS
|
|
| Docket Date |
2023-05-24
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion to Appear Pro Hac Vice
|
| Description |
Motion For Leave To Appear as Foreign Counsel ~ Jonathan Sternberg
|
| On Behalf Of |
JOHNNY DANIELS
|
|
| Docket Date |
2023-05-23
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid through Portal
|
| On Behalf Of |
JOHNNY DANIELS
|
|
| Docket Date |
2023-05-22
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2023-05-22
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ W/ORDER APPEALED
|
| On Behalf Of |
JOHNNY DANIELS
|
|
| Docket Date |
2023-05-22
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2023-05-22
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty ~ This appeal has been filed without a filing fee required by section 35.22(2)(a), Florida Statutes, Florida Statutes.If the attorney for appellant has not already done so, they shall forward the required $300.00 filing fee or, if applicable, a certificate or order of the lower tribunal finding appellant insolvent pursuant to section 57.081, Florida Statutes, within twenty days from the date of this order.If this court does not receive either of the above within the prescribed time, this appeal may be subject to dismissal without further notice
|
|
| Docket Date |
2024-05-10
|
| Type |
Notice
|
| Subtype |
Notice of Oral Argument-Video Conference
|
| Description |
This case is provisionally set for oral argument on June 18, 2024, at 09:30 AM, before: Judge Daniel H. Sleet, Judge Darryl C. Casanueva, Judge Nelly N. Khouzam. The oral argument will be conducted by video conference. The court calendars can be viewed on this court's website at https://2dca.flcourts.gov. Counsel or parties are requested to sign in by fifteen minutes prior to the time listed above.
The panel is subject to change without notice. Should the assigned panel of judges decide that the court will not benefit from oral argument, the attorneys or parties will be notified by order no less than two weeks before the scheduled date. If this is a criminal proceeding where a victim, as defined in article I, section 16(e), Florida Constitution, has invoked their right to notice under article I, section 16(b)(6), the State is directed to provide the victim with notice of this oral argument and of any changes to the scheduled date.
Please review the notice regarding oral argument in the Second District Court of Appeal that follows this order.
Within ten days from the date of this order, any attorney or party who will be presenting argument is requested to provide the Clerk of the Court with the email address where the video invitation should be sent and a telephone number. This information may be sent by email to 2dcaClerk@flcourts.org. The Clerk of the Court will provide each participant with connection instructions, including the opportunity for a test session, before the argument.
|
| View |
View File
|
|
| Docket Date |
2024-02-13
|
| Type |
Order
|
| Subtype |
Order on Motion to Appear Pro Hac Vice
|
| Description |
grant pro hac vice and $100 fee ~ **VACATED PER 3/12/24 ORDER**Attorney James W. Turner's motion to appear as a foreign attorney is granted.All parties must serve sponsoring Florida attorney Daniel J. Fleming with allsubmissions when serving foreign attorney James W. Turner with documents.Pursuant to section 35.22(2)(a), Florida Statutes, if the foreign attorney has notalready done so, they shall within ten days remit the statutory fee of $100, which can bepaid through the Florida Courts E-Filing Portal or by sending a check payable to theclerk of this court, failing which this order will be vacated and the motion to appear as aforeign attorney will be denied.
|
|
| Docket Date |
2024-02-08
|
| Type |
Order
|
| Subtype |
Order on Motion to Appear Pro Hac Vice
|
| Description |
Deny Pro Hac Vice Appearance-Noncompl-41 ~ Attorney James W. Turner's motion to appear pro hac vice is denied withoutprejudice to filing an amended motion that states, in paragraph 14, the date pro hac viceadmission was sought in the listed cases as required by Florida Rule of GeneralPractice and Judicial Administration 2.510(b)(2).
|
|
| Docket Date |
2024-02-08
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief
|
| On Behalf Of |
CSX Transporation, Inc.,
|
|
| Docket Date |
2023-05-25
|
| Type |
Order
|
| Subtype |
Order on Motion to Appear Pro Hac Vice
|
| Description |
grant pro hac vice and $100 fee ~ Attorney Jonathan Sternberg's motion to appear as a foreign attorney is granted.All parties must serve sponsoring Florida attorney Carmen A. Degisi with allsubmissions when serving foreign attorney Jonathan Sternberg with documents.Pursuant to section 35.22(2)(a), Florida Statutes, if the foreign attorney has notalready done so, they shall within ten days remit the statutory fee of $100, which can bepaid through the Florida Courts E-Filing Portal or by sending a check payable to theclerk of this court, failing which this order will be vacated and the motion to appear as aforeign attorney will be denied.
|
|
