Docket Date |
2018-01-26
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
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Docket Date |
2018-01-10
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
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Docket Date |
2017-05-12
|
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 |
MICHAEL W. BRANDT
|
|
Docket Date |
2018-01-10
|
Type |
Order
|
Subtype |
Order on Motion for Rehearing En Banc
|
Description |
Order Denying Rehearing En Banc ~ ORDERED that the appellant's December 7, 2017 motion for rehearing, rehearing en banc and for written opinion is denied.
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Docket Date |
2018-01-02
|
Type |
Notice
|
Subtype |
Notice of Supplemental Authority
|
Description |
Notice of Supplemental Authority
|
On Behalf Of |
AQUARIUM RETAIL HOLDINGS, INC.
|
|
Docket Date |
2017-12-22
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ (CENTRAL GARDEN AND PET COMPANY) TO MOTION FOR REHEARING AND REHEARING EN BANC AND FOR WRITTEN OPINION
|
On Behalf Of |
MICHAEL W. BRANDT
|
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Docket Date |
2017-12-18
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ (MICHAEL W. BRANDT) TO MOTION FOR REHEARING AND REHEARING EN BANC AND FOR WRITTEN OPINION
|
On Behalf Of |
MICHAEL W. BRANDT
|
|
Docket Date |
2017-12-07
|
Type |
Post-Disposition Motions
|
Subtype |
Motion for Rehearing
|
Description |
Motion for Rehearing / Rehearing En Banc ~ AND FOR WRITTEN OPINION
|
On Behalf Of |
AQUARIUM RETAIL HOLDINGS, INC.
|
|
Docket Date |
2017-11-22
|
Type |
Order
|
Subtype |
Order on Motion For Attorney's Fees
|
Description |
Order Granting Attorney Fees-Offer Judg. ~ ORDERED that the appellee, Central Garden and Pet Company's May 26, 2017 motion for appellate attorney's fees is granted conditioned on the trial court determining that appellee is entitled to fees under section 768.79, Florida Statutes (2016) 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 appellee, Michael W. Brandt's May 17, 2017 motion for appellate attorney's fees is granted conditioned on the trial court determining that appellee is entitled to fees under section 768.79, Florida Statutes (2016) 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.
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Docket Date |
2017-11-22
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed - Per Curiam Affirmed
|
|
Docket Date |
2017-08-22
|
Type |
Notice
|
Subtype |
Notice of Supplemental Authority
|
Description |
Notice of Supplemental Authority
|
On Behalf Of |
AQUARIUM RETAIL HOLDINGS, INC.
|
|
Docket Date |
2017-07-28
|
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.
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|
Docket Date |
2017-07-21
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant's Reply Brief
|
On Behalf Of |
AQUARIUM RETAIL HOLDINGS, INC.
|
|
Docket Date |
2017-07-21
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees
|
On Behalf Of |
AQUARIUM RETAIL HOLDINGS, INC.
|
|
Docket Date |
2017-07-13
|
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 July 11, 2017 motion for extension of time is granted, and appellant shall serve the reply brief within eight (8) 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.
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|
Docket Date |
2017-07-12
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ TO APPELLEE CENTRAL GARDEN'S MOTION FOR APPELLATE ATTORNEYS' FEES
|
On Behalf Of |
AQUARIUM RETAIL HOLDINGS, INC.
|
|
Docket Date |
2017-07-11
|
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 |
AQUARIUM RETAIL HOLDINGS, INC.
|
|
Docket Date |
2017-06-27
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ **AMENDED** TO MOTION FOR ATTORNEY FEES
|
On Behalf Of |
AQUARIUM RETAIL HOLDINGS, INC.
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|
Docket Date |
2017-06-20
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to File Response
|
Description |
Grant EOT to file Response ~ ORDERED that appellant's June 14, 2017 motion for extension of time is granted, and the time for filing a response to appellee's May 26, 2017 motion for appellate attorney's fees is extended thirty (30) days from the current due date.
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Docket Date |
2017-06-19
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
Description |
Notice of Agreed Extension - Reply Brief ~ 22 DAYS TO 7/12/17
|
On Behalf Of |
AQUARIUM RETAIL HOLDINGS, INC.
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|
Docket Date |
2017-06-19
|
Type |
Order
|
Subtype |
Order
|
Description |
ORD-Moot ~ ORDERED that the appellant's June 12, 2017 motion for extension of time is determined to be moot. See the June 19, 2017 agreed notice of extension.
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|
Docket Date |
2017-06-14
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
ORD-Stricken as Unauthorized ~ ORDERED sua sponte that the appellant's June 12, 2017 notice of agreed extension of time for response to motion for attorney's fees is stricken as unauthorized without prejudice to file a motion for extension of time.
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|
Docket Date |
2017-06-14
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to File Response
|
Description |
Motion for Extension of Time to File Response ~ TO MOTION FOR ATTORNEY'S FEES
|
On Behalf Of |
AQUARIUM RETAIL HOLDINGS, INC.
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|
Docket Date |
2017-06-12
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ **STRICKEN AS UNAUTHORIZED 6/14/17** AGREED EXTENSION OF TIME FOR RESPONSE TO MOTION FOR APPELLATE ATTORNEYS' FEES
|
On Behalf Of |
AQUARIUM RETAIL HOLDINGS, INC.
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|
Docket Date |
2017-06-12
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Reply Brief
|
Description |
Mot. for Extension of Time to File Reply Brief ~ **MOOT. SEE 6/19/17 ORDER**
|
On Behalf Of |
AQUARIUM RETAIL HOLDINGS, INC.
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|
Docket Date |
2017-06-01
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ TO MOTION FOR ATTORNEY'S FEES
|
On Behalf Of |
AQUARIUM RETAIL HOLDINGS, INC.
|
|
Docket Date |
2017-05-26
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief ~ (CENTRAL GARDEN AND PET COMPANY)
|
On Behalf Of |
MICHAEL W. BRANDT
|
|
Docket Date |
2017-05-26
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees
|
On Behalf Of |
MICHAEL W. BRANDT
|
|
Docket Date |
2017-05-26
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument
|
On Behalf Of |
MICHAEL W. BRANDT
|
|
Docket Date |
2017-05-17
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees
|
On Behalf Of |
MICHAEL W. BRANDT
|
|
Docket Date |
2017-05-17
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief
|
On Behalf Of |
MICHAEL W. BRANDT
|
|
Docket Date |
2017-05-16
|
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 (Central Garden and Pet Company) May 12, 2017 motion for extension of time is granted in part, and appellee shall serve the answer brief within ten (10) days from the date of this order. 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.
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|
Docket Date |
2017-04-18
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee's April 14, 2017 motion for extension of time is granted, and appellee shall serve the answer brief on or before May 17, 2017. 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.
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|
Docket Date |
2017-04-17
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Answer Brief
|
Description |
Mot. for Extension of time to file Answer Brief ~ (BRANDT)
|
On Behalf Of |
MICHAEL W. BRANDT
|
|
Docket Date |
2017-04-07
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
Description |
Notice of Agreed Extension - Answer Brief ~ (CENTRAL GARDEN AND PET CO.) 30 DAYS TO 5/15/17.
|
On Behalf Of |
MICHAEL W. BRANDT
|
|
Docket Date |
2017-03-21
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ OF MEDIATION
|
On Behalf Of |
MICHAEL W. BRANDT
|
|
Docket Date |
2017-03-15
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
Description |
Notice of Agreed Extension - Answer Brief ~ 30 DAYS TO 4/14/17 (CENTRAL GARDEN)
|
On Behalf Of |
MICHAEL W. BRANDT
|
|
Docket Date |
2017-03-08
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
Description |
Notice of Agreed Extension - Answer Brief ~ 45 DAYS TO 4/29/17 (BRANDT)
|
On Behalf Of |
MICHAEL W. BRANDT
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|
Docket Date |
2017-02-10
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
Description |
Notice of Agreed Extension - Answer Brief ~ 30 DAYS TO 3/15/17 (CENTRAL GARDEN)
|
On Behalf Of |
MICHAEL W. BRANDT
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|
Docket Date |
2017-02-07
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
Description |
Notice of Agreed Extension - Answer Brief ~ 30 DAYS TO 3/8/17 (BRANDT)
|
On Behalf Of |
MICHAEL W. BRANDT
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|
Docket Date |
2017-01-17
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument
|
On Behalf Of |
AQUARIUM RETAIL HOLDINGS, INC.
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|
Docket Date |
2017-01-17
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
AQUARIUM RETAIL HOLDINGS, INC.
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Docket Date |
2017-01-05
|
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 December 23, 2016 motion for extension of time is granted, and appellant shall serve the initial brief within ten (10) 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 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.
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|
Docket Date |
2016-12-27
|
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 |
AQUARIUM RETAIL HOLDINGS, INC.
|
|
Docket Date |
2016-11-22
|
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 November 21, 2016 motion for extension of time is granted, and appellant shall serve the initial brief within thirty (30) 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.
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|
Docket Date |
2016-11-21
|
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 |
AQUARIUM RETAIL HOLDINGS, INC.
|
|
Docket Date |
2016-10-24
|
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 20, 2016 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.
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|
Docket Date |
2016-10-20
|
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 |
AQUARIUM RETAIL HOLDINGS, INC.
|
|
Docket Date |
2016-09-21
|
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 19, 2016 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.
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Docket Date |
2016-09-19
|
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 |
AQUARIUM RETAIL HOLDINGS, INC.
|
|
Docket Date |
2016-08-18
|
Type |
Record
|
Subtype |
Supplemental Record
|
Description |
Supplemental Records ~ (834 PAGES)
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|
Docket Date |
2016-08-01
|
Type |
Order
|
Subtype |
Order to Transmit Record/Supplemental Record on Appeal
|
Description |
Order to Supplement Record w/trans. & ext. brief ~ ORDERED that appellant's July 12, 2016 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 receipt of the transcript. Appellant shall monitor the supplementation process. Further,ORDERED that appellant's motion for extension of time is granted, and the appellant shall serve the initial brief within thirty (30) days from receipt of the supplemental record.
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Docket Date |
2016-07-18
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance ~ AND CARYN L. BELLUS
|
On Behalf Of |
MICHAEL W. BRANDT
|
|
Docket Date |
2016-07-12
|
Type |
Motions Relating to Records
|
Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
Description |
Motion Supplemental Record & Eot For Brief
|
On Behalf Of |
AQUARIUM RETAIL HOLDINGS, INC.
|
|
Docket Date |
2016-06-30
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ (1974 PAGES)
|
|
Docket Date |
2016-05-05
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
Docket Date |
2016-05-05
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
AQUARIUM RETAIL HOLDINGS, INC.
|
|
Docket Date |
2016-05-05
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2016-05-05
|
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, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of this order. 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 circuit court clerk's determination of indigent status is filed.
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