| Docket Date |
2021-05-17
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ RE: ORAL ARGUMENT
|
| On Behalf Of |
Sunshine Wine & Spirit, Inc.
|
|
| Docket Date |
2021-04-06
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
ORD-Setting Oral Argument ~ This case is set for Oral Argument on June 15, 2021, at 10:00 A.M. for 10 minutes per side. In criminal cases where a victim, as defined in Article I, Section 16(e) of the Florida Constitution, has invoked their right to notice under Article I, Section 16(b)(6) of the Florida Constitution, the State shall provide the victim with notice of this oral argument and of any changes to the scheduled date or time.Pursuant to Florida Supreme Court Administrative Order AOSC20-109, Comprehensive COVID-19 Emergency Measures for Florida Appellate Courts, which requires that oral argument and other proceedings be conducted remotely during Phase 1 and Phase 2 of the pandemic, as set forth in that administrative order, this oral argument is scheduled to be conducted via Zoom. By separate order issued no later than three weeks before the scheduled oral argument, the parties will be directed to identify the attorney who will be presenting oral argument so that an orientation/test session can be scheduled by court staff with the attorneys to confirm their knowledge of the Zoom platform and test equipment compatibility.
|
|
| Docket Date |
2021-03-30
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ of Errata
|
| On Behalf Of |
Sunshine Wine & Spirit, Inc.
|
|
| Docket Date |
2021-03-26
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Sunshine Wine & Spirit, Inc.
|
|
| Docket Date |
2020-05-11
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Upon consideration of appellant's April 20, 2020 jurisdictional brief, it isORDERED sua sponte that the above-styled appeal shall proceed.
|
|
| Docket Date |
2021-08-13
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2021-07-26
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-07-26
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-Denying Rehearing ~ ORDERED that appellant's July 2, 2021 motion for written opinion is denied.
|
|
| Docket Date |
2021-07-02
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing ~ "MOTION FOR WRITTEN OPINION"
|
| On Behalf Of |
Sunshine Wine & Spirit, Inc.
|
|
| Docket Date |
2021-06-17
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Deny Attorney's Fees ~ ORDERED that appellant’s October 15, 2020 motion for appellate attorneys’ fees is denied.
|
|
| Docket Date |
2021-06-17
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2021-06-15
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ 4DCA
|
|
| Docket Date |
2021-05-24
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ RE: ORAL ARGUMENT
|
| On Behalf Of |
Sunshine Wine & Spirit, Inc.
|
|
| Docket Date |
2020-04-30
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 1324 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2020-04-23
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit ~ OF NON-PAYMENT OF APPEAL INVOICE
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2021-03-15
|
| 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 |
Sunshine Wine & Spirit, Inc.
|
|
| Docket Date |
2021-02-25
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief
|
| On Behalf Of |
Sunshine Wine & Spirit, Inc.
|
|
| Docket Date |
2021-02-25
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellant's February 24, 2021 notice of agreed extension is stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that it is a computer-generated document which does not comply with the font requirements set forth in Rule 9.045(b). See Fla. R. App. P. 9.045(b) (“Computer-generated documents shall be filed in either Arial 14-point font or Bookman Old Style 14-point font.”). An amended document in compliance with Rule 9.045 shall be filed within two (2) days from the date of this order.
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|
| Docket Date |
2021-02-24
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief ~ ***STRICKEN 2/25/21***
|
| On Behalf Of |
Sunshine Wine & Spirit, Inc.
|
|
| Docket Date |
2021-01-29
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
DEPARTMENT OF TRANSPORTATION
|
|
| Docket Date |
2020-12-23
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
DEPARTMENT OF TRANSPORTATION
|
|
| Docket Date |
2020-12-23
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 37 DAYS TO 1/29/21
|
|
| Docket Date |
2020-11-20
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 34 DAYS TO 12/23/20
|
|
| Docket Date |
2020-11-20
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
DEPARTMENT OF TRANSPORTATION
|
|
| Docket Date |
2020-10-19
|
| Type |
Order
|
| Subtype |
Order on Motion For Leave To File Amended Brief
|
| Description |
Grant Motion Serve Amended Brief ~ ORDERED that appellant’s October 15, 2020 motion to serve an amended initial brief is granted. Said amended brief is deemed filed as of the date of this order.
|
|
| Docket Date |
2020-10-16
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Appellant's Initial Brief ~ **MOTION GRANTED 10/19/20**
|
| On Behalf Of |
Sunshine Wine & Spirit, Inc.
|
|
| Docket Date |
2020-10-15
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Sunshine Wine & Spirit, Inc.
|
|
| Docket Date |
2020-10-15
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to Amend Brief
|
| Description |
Motion For Leave To File Amended Brief
|
| On Behalf Of |
Sunshine Wine & Spirit, Inc.
|
|
| Docket Date |
2020-10-14
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Sunshine Wine & Spirit, Inc.
|
|
| Docket Date |
2020-10-14
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal
|
| On Behalf Of |
Sunshine Wine & Spirit, Inc.
|
|
| Docket Date |
2020-10-13
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
ORD-Allowing Attachment to Record ~ ORDERED that appellant's October 12, 2020 motion to supplement the record is granted, and the record is supplemented to include the pleadings listed in the motion. Said supplemental record is deemed filed as of the date of this order.
|
|
| Docket Date |
2020-10-12
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
Sunshine Wine & Spirit, Inc.
|
|
| Docket Date |
2020-10-12
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ **MOTION TO GRANTED 10/13/20**
|
| On Behalf Of |
Sunshine Wine & Spirit, Inc.
|
|
| Docket Date |
2020-10-12
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion ~ ORDERED that appellant is directed to file, within three (3) days from the date of this order, an amended Notice of Appeal to encompass the circuit court’s order on the amended motion for rehearing or reconsideration.
|
|
| Docket Date |
2020-09-30
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellant's September 29, 2020 notice of appearance and September 29, 2020 motion for leave to amend the notice of appeal are stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that there is no certificate of service or the certificate of service does not comply in substance with the requirements of Florida Rule of Judicial Administration 2.516(f).
|
|
| Docket Date |
2020-09-30
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ FOR LEAVE TO AMEND NOTICE OF APPEAL
|
| On Behalf Of |
Sunshine Wine & Spirit, Inc.
|
|
| Docket Date |
2020-09-30
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Sunshine Wine & Spirit, Inc.
|
|
| Docket Date |
2020-09-29
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ ***STRICKEN 9/30/20***
|
| On Behalf Of |
Sunshine Wine & Spirit, Inc.
|
|
| Docket Date |
2020-09-29
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ ***STRICKEN 9/30/20***
|
| On Behalf Of |
Sunshine Wine & Spirit, Inc.
|
|
| Docket Date |
2020-08-12
|
| 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 |
Sunshine Wine & Spirit, Inc.
|
|
| Docket Date |
2020-05-19
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Sunshine Wine & Spirit, Inc.
|
|
| Docket Date |
2020-05-19
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 90 DAYS TO 8/19/20
|
|
| Docket Date |
2020-05-14
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
|
| Docket Date |
2020-04-20
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
Sunshine Wine & Spirit, Inc.
|
|
| Docket Date |
2020-04-03
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Hon. John B. Bowman
|
|
| Docket Date |
2020-03-09
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order to File Status Report ~ ORDERED that the circuit court is directed to file a status report, within ten (10) days from the date of this order, regarding the progress being made toward to the disposition of appellant's pending motion in the trial court.
|
|
| Docket Date |
2020-03-03
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Sunshine Wine & Spirit, Inc.
|
|
| Docket Date |
2020-02-28
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order to File Status Report ~ ORDERED that appellant is directed to file a status report within ten (10) days from the date of this order regarding the progress being made toward the disposition of petitioner's pending motion in the trial court.
|
|
| Docket Date |
2020-01-30
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
DEPARTMENT OF TRANSPORTATION
|
|
| Docket Date |
2020-01-22
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ This court notes that a motion for rehearing is pending in the trial court. ORDERED that the above-styled case is stayed until the trial court disposes of the motion for rehearing and appellant files a copy of the order in this court. On that date, the stay will be automatically lifted, and the briefing schedule shall run from that date. See Fla. R. App. P. 9.020(h)(2)(C). If the trial court has not entered an order disposing of the motion within thirty (30) days from the date of this order, appellant shall file a status report with this court as to the progress being made towards disposition of the motion.
|
|
| Docket Date |
2020-01-22
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2020-01-22
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ *CERTIFIED COPY*
|
|
| Docket Date |
2020-01-21
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
|
| Docket Date |
2020-01-21
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ **FILING FEE PAID THROUGH PORTAL**
|
| On Behalf Of |
Sunshine Wine & Spirit, Inc.
|
|
| Docket Date |
2021-05-17
|
| Type |
Order
|
| Subtype |
Order Re: Video Oral Argument
|
| Description |
Order Re: Video Oral Argument ~ Pursuant to Florida Supreme Court Administrative Order AOSC20-109, Comprehensive COVID-19 Emergency Measures for Florida Appellate Courts and this court’s prior order, the June 15, 2021 oral argument session will take place through Zoom video conference. Should both parties file a stipulation by noon on Monday, May 24, 2021 that they waive oral argument, the court will then decide the case based upon the briefs. If the parties do not stipulate to waive oral argument, then they shall file a notice by noon on Monday, May 24, 2021 which: (1) identifies the attorneys who will be arguing the case; and (2) provides the direct contact information for those attorneys. The Clerk of the Court will separately schedule a Zoom orientation/test session with the attorneys who will be arguing the case. The Clerk of the Court will also provide connection instructions for the oral argument session the week before the session.
|
|
| Docket Date |
2021-03-16
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
ORD-Reply Brief to be Served ~ ORDERED that appellant's March 15, 2021 motion for extension of time is granted in part. Appellant shall serve the reply brief within ten (10) days from the date of this order. In addition, if the reply brief is served after the time provided for in this order, it will be subject to being stricken, 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 reply 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. Attorney workload does not constitute extraordinary circumstances which justifies a further extension of time.
|
|
| Docket Date |
2020-08-18
|
| 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 August 12, 2020 motion for extension of time to file initial brief is granted, and appellant shall serve the initial brief on or before October 19, 2020. 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. Attorney workload does not constitute extraordinary circumstances which justifies a further extension of time.
|
|
| Docket Date |
2020-04-09
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
AA - File Statement for Basis of Jurisdiction ~ ORDERED that within ten (10) days from the date of this order appellant shall file in this court a brief statement explaining the basis for this court's subject matter jurisdiction over the order appealed in this case, citing supporting legal authorities. Appellant shall specifically address how the "order dismissing Sunshine Wine and Spirit, Inc.'s counterclaim for business damages with prejudice" is a final, appealable order given that it dismisses a counterclaim, but an order dismissing a counterclaim is not final and appealable if an interrelated main claim remains pending. See Mendez v. West Flagler Family Ass'n, Inc., 303 So. 2d 1 (Fla. 1974); Palm Beach Newspapers, Inc. v. Walker, 506 So. 2d 39 (Fla. 4th DCA 1987); furtherAppellee may file a response within ten (10) days of service of that statement.
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