Docket Date |
2020-10-28
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Marino Performance, Inc.
|
|
Docket Date |
2021-09-03
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2021-09-03
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2020-10-28
|
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 |
Marino Performance, Inc.
|
|
Docket Date |
2021-08-18
|
Type |
Order
|
Subtype |
Order on Motion/Request for Oral Argument
|
Description |
Order Denying Oral Argument ~ ORDERED that appellant’s November 30, 2020 and May 3, 2021 requests for oral argument are denied.
|
|
Docket Date |
2021-08-18
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed - Authored Opinion
|
|
Docket Date |
2021-05-03
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument
|
On Behalf Of |
Marino Performance, Inc.
|
|
Docket Date |
2021-05-03
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant's Reply Brief
|
On Behalf Of |
Marino Performance, Inc.
|
|
Docket Date |
2021-04-09
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
Description |
Order Granting EOT for Appellant's Reply Brief ~ Upon consideration of appellees' April 5, 2021 response, it is ORDERED that appellant's March 31, 2021 motion for extension of time is granted, and appellant shall serve the reply brief on or before May 3, 2021. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
|
Docket Date |
2021-04-05
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellees’ April 1, 2021 response is 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 |
2021-04-05
|
Type |
Response
|
Subtype |
Response
|
Description |
Response
|
On Behalf Of |
Jose Carlos Zuniga
|
|
Docket Date |
2021-04-01
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ **STRICKEN**
|
On Behalf Of |
Jose Carlos Zuniga
|
|
Docket Date |
2021-03-31
|
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 |
Marino Performance, Inc.
|
|
Docket Date |
2021-03-04
|
Type |
Order
|
Subtype |
Order on Motion For Leave To File Amended Brief
|
Description |
Ord-To Amend/Correct Brief ~ ORDERED that appellees’ March 3, 2021 motion to amend or correct brief is granted. The proposed corrected answer brief is deemed filed.
|
|
Docket Date |
2021-03-03
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief ~ CORRECTED.
|
On Behalf Of |
Jose Carlos Zuniga
|
|
Docket Date |
2021-03-03
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ TO MOTION FOR ATTY. FEES.
|
On Behalf Of |
Marino Performance, Inc.
|
|
Docket Date |
2021-03-03
|
Type |
Motions Relating to Briefs
|
Subtype |
Motion to Amend Brief
|
Description |
Motion to Amend/Correct Brief
|
On Behalf Of |
Jose Carlos Zuniga
|
|
Docket Date |
2021-02-18
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief ~ **SEE NEW CORRECTED BRIEF FILED 3/3/21** "CORRECTED"
|
On Behalf Of |
Jose Carlos Zuniga
|
|
Docket Date |
2021-02-18
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix to Brief
|
On Behalf Of |
Jose Carlos Zuniga
|
|
Docket Date |
2021-02-17
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that appellees’ appendix to the answer brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.220(c), which was amended effective October 1, 2017, in that it was not properly indexed and consecutively paginated, beginning with the cover sheet as page 1, was not fully text searchable, was not paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index, and contains no bookmarks as required by Rule 9.220(c)(3). An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
|
|
Docket Date |
2021-02-16
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees ~ **RESPONSE FILED 3/3/21**
|
On Behalf Of |
Jose Carlos Zuniga
|
|
Docket Date |
2021-02-16
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief ~ **SEE CORRECTED BRIEF FILED 3/3/21**
|
On Behalf Of |
Jose Carlos Zuniga
|
|
Docket Date |
2021-02-16
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix to Brief ~ **STRICKEN**
|
On Behalf Of |
Jose Carlos Zuniga
|
|
Docket Date |
2021-01-29
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellees’ January 28, 2021 motion for extension of time is granted, and appellees shall serve the answer brief on or before February 16, 2021. In addition, appellees are notified that the failure to serve the brief within the time provided herein may foreclose appellees’ right to file a brief or otherwise participate in this appeal.
|
|
Docket Date |
2021-01-28
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Answer Brief
|
Description |
Mot. for Extension of time to file Answer Brief ~ **STRICKEN**
|
On Behalf Of |
Jose Carlos Zuniga
|
|
Docket Date |
2021-01-28
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellees’ January 28, 2021 motion 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 |
2020-12-29
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellees’ December 29, 2020 motion for extension of time is granted, and appellees shall serve the answer brief on or before January 30, 2021. In addition, appellees are notified that the failure to serve the brief within the time provided herein may foreclose appellees’ right to file a brief or otherwise participate in this appeal.
|
|
Docket Date |
2020-12-29
|
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 |
Jose Carlos Zuniga
|
|
Docket Date |
2020-12-02
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix to Brief
|
On Behalf Of |
Marino Performance, Inc.
|
|
Docket Date |
2020-11-30
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
Marino Performance, Inc.
|
|
Docket Date |
2020-11-30
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument
|
On Behalf Of |
Marino Performance, Inc.
|
|
Docket Date |
2020-11-09
|
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 28, 2020 corrected motion for extension of time to serve initial brief is granted, and appellant shall serve the initial brief and appendix on or before November 30, 2020. In addition, if the initial brief and appendix are 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.
|
|
Docket Date |
2020-10-27
|
Type |
Order
|
Subtype |
Order
|
Description |
ORD-Granting Clarification ~ Upon consideration of appellant’s September 22, 2020 “motion for clarification and/or rehearing of order dismissing appeal in part,” it is ORDERED that this court’s September 8, 2020 order does not foreclose appellant from challenging the circuit court’s May 29, 2020 arbitration order as it relates to new plaintiffs. See Std. Fire Ins. Co. v. Knowles, 588, 593 (2013) (“[A] plaintiff who files a proposed class action cannot legally bind members of the proposed class before the class is certified.”); Smith v. Bayer Corp., 564 U.S. 299, 313 (2011) (“[A] nonnamed class member is [not] a party to the class-action litigation before the class is certified.”).
|
|
Docket Date |
2020-09-22
|
Type |
Post-Disposition Motions
|
Subtype |
Motion For Clarification
|
Description |
Motion for Clarification ~ OR REHEARINGOF ORDER DISMISSING APPEAL IN PART
|
On Behalf Of |
Marino Performance, Inc.
|
|
Docket Date |
2020-09-08
|
Type |
Order
|
Subtype |
Order on Motion To Dismiss
|
Description |
ORD-Granting Aplee's Motion to Dismiss ~ Upon consideration of appellee’s August 6, 2020 motion to dismiss portion of appeal for lack of jurisdiction and appellant’s August 21, 2020 response, it is ORDERED that appellee’s motion to dismiss portion of appeal for lack of jurisdiction is granted as to the issue of arbitration. Wegner v. Schillinger, 921 So. 2d 854 (Fla. 4th DCA 2006) (dismissing an appeal of an order denying arbitration as untimely because appellant failed to file the notice of appeal within 30 days of rendition of the order to be reviewed.) See Fla. R. App. P. 9.130(a)(3)(C)(iv). See also Fla. R. App. P. 9.130(b). However, the motion is denied as to the issue of class certification, because the January 28, 2020 Order did not grant or deny class certification. The circuit court’s determination on the issue of class certification did not become ripe until the May 29, 2020 order and, therefore, the notice of appeal was timely filed. See Fla. R. App. P. 9.130(a)(3)(C)(vi), which governs proceedings to review specified non-final orders, and permits review of orders that determine “whether to certify a class.”CONNER, KLINGENSMITH and KUNTZ, JJ., concur.
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|
Docket Date |
2020-09-01
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
ORD-Stricken as Unauthorized ~ ORDERED sua sponte that appellees’ August 31, 2020 reply is stricken as unauthorized.
|
|
Docket Date |
2020-08-31
|
Type |
Response
|
Subtype |
Reply to Response
|
Description |
Reply to Response ~ **STRICKEN**
|
On Behalf Of |
Jose Carlos Zuniga
|
|
Docket Date |
2020-08-21
|
Type |
Response
|
Subtype |
Response
|
Description |
Response
|
On Behalf Of |
Marino Performance, Inc.
|
|
Docket Date |
2020-08-06
|
Type |
Motions Other
|
Subtype |
Motion To Dismiss
|
Description |
Motion To Dismiss ~ PORTION OF APPEALFOR LACK OF JURISDICTION
|
On Behalf Of |
Jose Carlos Zuniga
|
|
Docket Date |
2020-08-05
|
Type |
Order
|
Subtype |
Order Discharging Show Cause Order
|
Description |
ORD-Discharging Show Cause ~ ORDERED that, this court's July 20, 2020 order to show cause is discharged.
|
|
Docket Date |
2020-07-21
|
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 July 20, 2020 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.
|
|
Docket Date |
2020-07-20
|
Type |
Order
|
Subtype |
Show Cause
|
Description |
Show Cause Lack of Prosecution, Initial Brief/Apdx ~ **DISCHARGED**ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, on or before July 30, 2020, why the above-styled case should not be dismissed for lack of timely prosecution, in that appellant's initial brief and appendix have not been filed with this court as of this date, pursuant to Florida Rule of Appellate Procedure 9.130(e). Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief and appendix are filed within this time, the order to show cause will be considered automatically discharged without further order.
|
|
Docket Date |
2020-07-20
|
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 |
Marino Performance, Inc.
|
|
Docket Date |
2020-06-30
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
Case Filing Fee Paid Through Portal
|
On Behalf Of |
Marino Performance, Inc.
|
|
Docket Date |
2020-06-26
|
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. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. 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.
|
|
Docket Date |
2020-06-26
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2020-06-25
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
Docket Date |
2020-06-25
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
Marino Performance, Inc.
|
|