| Docket Date |
2022-11-23
|
| Type |
Order
|
| Subtype |
Order on Remand from Supreme Court Mandate
|
| Description |
on remand from supreme court ~ This court’s opinion dated October 28, 2020, affirmed the final judgment based on a jury’s verdict in favor of Appellee Souders after the trial court denied a motion to enforce settlement agreement by Suarez Trucking FL Corp. In so ruling, we held that an enforceable settlement agreement was not created. The Florida Supreme Court has now reversed, holding that the notice of acceptance by Suarez Trucking "created a binding settlement contract by unequivocally and fully assenting to the terms of the offer." Suarez Trucking FL Corp. v. Souders, 47 Fla. L. Weekly S263, *2 (Fla. Oct. 20, 2022).Accordingly, our opinion is withdrawn, and the Florida Supreme Court's opinion is adopted and made the opinion of this court. As further noted by the supreme court, "the parties have never fully argued issues related to breach and remedy." Id. at *1. We therefore reverse and remand for further proceedings.Appellee’s Motion for Leave to File a Short Brief Addressing the Issue Remanded to the Court for Determination is denied. It is further ordered that the mandate of this court issued March 5, 2021, is hereby withdrawn and this order is substituted therefor.
|
|
| Docket Date |
2022-11-18
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ MOTION FOR LEAVE TO FILE A SHORT BRIEF ADDRESSING THE ISSUE REMANDED TO THE COURT FOR DETERMINATION
|
| On Behalf Of |
ADAM J. SOUDERS
|
|
| Docket Date |
2022-11-10
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Mandate
|
| Description |
Supreme Court Mandate
|
|
| Docket Date |
2022-10-20
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Opinion
|
| Description |
Supreme Court Opinion released
|
|
| Docket Date |
2021-07-06
|
| Type |
Supreme Court
|
| Subtype |
Record Sent to Supreme Court
|
| Description |
Record sent to Supreme Court ~ 1 LOWER COURT RECORD & 1 CONSTRUCTED RECORD SENT TO FL SUPREME COURT
|
|
| Docket Date |
2021-06-30
|
| Type |
Supreme Court
|
| Subtype |
Acknowledged Receipt from Supreme Court
|
| Description |
Acknowledged Receipt from Supreme Court ~ The Court accepts jurisdiction of this case.Petitioner’s initial brief on the merits must be served on orbefore August 4, 2021; respondent’s answer brief on the meritsmust be served thirty days after service of petitioner’s initial brief onthe merits; petitioner’s reply brief on the merits must be servedthirty days after service of respondent’s answer brief on the merits;and respondent’s cross-reply brief on the merits, if authorized,must be served thirty days after service of petitioner’s reply brief onthe merits.The Clerk of the Second District Court of Appeal must file therecord which must be properly indexed and paginated on or beforeJuly 26, 2021. The Clerk may provide the record in the format ascurrently maintained at the district court, either paper or electronic.As jurisdiction has been accepted in the above cause, anymovant who wishes to follow through on a previously-filed Notice ofIntent to Appear as Amicus or Amici Curiae must now proceed incompliance with Florida Rule of Appellate Procedure 9.370.POLSTON, LAWSON, COURIEL, and GROSSHANS, JJ., concur.MUÑIZ, J., dissents.
|
|
| Docket Date |
2021-03-11
|
| Type |
Supreme Court
|
| Subtype |
Acknowledged Receipt from Supreme Court
|
| Description |
Acknowledged Receipt from Supreme Court
|
|
| Docket Date |
2021-03-10
|
| Type |
Notice
|
| Subtype |
Notice of Joinder in Filing
|
| Description |
Notice of Joinder ~ APPELLANT PROGRESSIVE EXPRESS INSURANCE COMPANY'S NOTICE OF JOINDER IN APPELLANT SUAREZ TRUCKING FL. CORP'S NOTICE TO INVOKE DISCRETIONARY JURISDICTION OF SUPREME COURT
|
| On Behalf Of |
SUAREZ TRUCKING FL CORP.
|
|
| Docket Date |
2021-03-09
|
| Type |
Supreme Court
|
| Subtype |
Notice to Invok. Disc. Jur. FSC
|
| Description |
NOTICE OF DISCRETN. JURISDICTN
|
| On Behalf Of |
SUAREZ TRUCKING FL CORP.
|
|
| Docket Date |
2019-08-14
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion For Continuation of Oral Argument
|
| Description |
Motion For Continuation of Oral Argument
|
| On Behalf Of |
SUAREZ TRUCKING FL CORP.
|
|
| Docket Date |
2021-03-05
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate ~ **Withdrawn**See 11/23/22 Order
|
|
| Docket Date |
2021-02-15
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ IN OPPOSITION TO "APPELLANT'S MOTION TO STAY ISSUANCE OF THE MANDATE"
|
| On Behalf Of |
ADAM J. SOUDERS
|
|
| Docket Date |
2021-02-15
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay Issuance of Mandate
|
| Description |
Order Denying Motion to Stay Issue Mandate ~ Appellant’s motion to stay issuance of the mandate is denied.
|
|
| Docket Date |
2021-02-11
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion To Stay Issuance of Mandate
|
| Description |
Motion To Stay Issuance of Mandate
|
| On Behalf Of |
SUAREZ TRUCKING FL CORP.
|
|
| Docket Date |
2021-02-08
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-DENYING REHEARING
|
|
| Docket Date |
2020-11-30
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ TO MOTION FOR REHEARING, MOTION FOR CERTIFICATION, AND MOTION FOR REHEARING EN BANC
|
| On Behalf Of |
ADAM J. SOUDERS
|
|
| Docket Date |
2020-11-11
|
| Type |
Record
|
| Subtype |
Appendix to Motion
|
| Description |
ALL OTHER MOTIONS APPENDIX/ATTACHMENT
|
| On Behalf Of |
SUAREZ TRUCKING FL CORP.
|
|
| Docket Date |
2020-11-11
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion for Rehearing / Rehearing En Banc ~ MOTION FOR CERTIFICATION
|
| On Behalf Of |
SUAREZ TRUCKING FL CORP.
|
|
| Docket Date |
2020-11-10
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
SUAREZ TRUCKING FL CORP.
|
|
| Docket Date |
2020-10-28
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Authored Opinion
|
|
| Docket Date |
2019-11-19
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ Tampa
|
|
| Docket Date |
2019-11-15
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
SUAREZ TRUCKING FL CORP.
|
|
| Docket Date |
2019-08-29
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Oral Argument Notice ~ This case is provisionally set for oral argument on TUESDAY, NOVEMBER 19, 2019, at 9:30 A.M., before: Judge Darryl C. Casanueva, Judge Daniel H. Sleet, Judge J. Andrew Atkinson. Oral argument will occur at the Second District Court of Appeal, Tampa Branch Headquarters, in the courtroom of the Stetson University College Of Law, Tampa Campus, First Floor, 1700 North Tampa Street, Tampa, Florida. The court calendars can be viewed on this court’s website at www.2dca.org. Counsel or parties are requested to make their presence known to the receptionist 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 in this proceeding, the attorneys or parties will be notified by order no less than two weeks before the scheduled date.Please review the notice regarding oral argument in the Second District Court of Appeal. A copy has been furnished with this order and may also be found on this court’s website.
|
|
| Docket Date |
2019-08-26
|
| Type |
Order
|
| Subtype |
Order on Motion For Continuation of Oral Argument
|
| Description |
ORD-GRANTING CONTINUANCE OF OA ~ Appellant’s motion filed August 14, 2019, for continuance of oral argument is granted. Oral argument scheduled for October 30, 2019, is canceled and will be rescheduled for a later date.
|
|
| Docket Date |
2019-08-12
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Oral Argument Notice ~ This case is provisionally set for oral argument on WEDNESDAY, OCTOBER 30, 2019, at 11:00 A.M., before: Judge Craig C. Villanti, Judge Daniel H. Sleet, Judge J. Andrew Atkinson. Oral argument will occur at the Second District Court of Appeal, Tampa Branch Headquarters, in the courtroom of the Stetson University College Of Law, Tampa Campus, First Floor, 1700 North Tampa Street, Tampa, Florida. The court calendars can be viewed on this court’s website at www.2dca.org. Counsel or parties are requested to make their presence known to the receptionist 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 in this proceeding, the attorneys or parties will be notified by order no less than two weeks before the scheduled date.Please review the notice regarding oral argument in the Second District Court of Appeal. A copy has been furnished with this order and may also be found on this court’s website.
|
|
| Docket Date |
2019-06-10
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant Reply Brief
|
| On Behalf Of |
SUAREZ TRUCKING FL CORP.
|
|
| Docket Date |
2019-05-20
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief
|
| On Behalf Of |
ADAM J. SOUDERS
|
|
| Docket Date |
2019-04-19
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits ~ INITIAL BRIEF OF APPELLANT PROGRESSIVE EXPRESS INSURANCE COMPANY
|
| On Behalf Of |
SUAREZ TRUCKING FL CORP.
|
|
| Docket Date |
2019-04-18
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30 - AB due 5/24/19
|
| On Behalf Of |
ADAM J. SOUDERS
|
|
| Docket Date |
2019-04-16
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Deny Miscellaneous Motion-79a ~ In light of Progressive Express Insurance Company's notice of joinder in appellant Suarez Trucking Fl. Corp's initial brief, the appellee's motion for leave to file single answer brief is denied as moot.
|
|
| Docket Date |
2019-04-12
|
| Type |
Notice
|
| Subtype |
Notice of Joinder in Filing
|
| Description |
Notice of Joinder ~ APPELLANT PROGRESSIVE EXPRESS INSURANCE COMPANY'S NOTICE OF JOINDER IN APPELLANT SUAREZ TRUCKING FL. CORP'S INITIAL BRIEF
|
| On Behalf Of |
ADAM J. SOUDERS
|
|
| Docket Date |
2019-04-12
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ AGREED MOTION FOR LEAVE TO FILE SINGLE ANSWER BRIEF, ACCORDING TO TIMETABLE ESTABLISHED BY SECOND-SERVED APPELLANT'S BRIEF
|
| On Behalf Of |
ADAM J. SOUDERS
|
|
| Docket Date |
2019-03-25
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
SUAREZ TRUCKING FL CORP.
|
|
| Docket Date |
2019-03-25
|
| Type |
Record
|
| Subtype |
Appendix to Initial Brief
|
| Description |
Appendix for Initial Brief
|
| On Behalf Of |
SUAREZ TRUCKING FL CORP.
|
|
| Docket Date |
2019-03-25
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
SUAREZ TRUCKING FL CORP.
|
|
| Docket Date |
2019-03-20
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
ADAM J. SOUDERS
|
|
| Docket Date |
2019-03-15
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ THOMAS - REDACTED - 867 PAGES
|
|
| Docket Date |
2019-03-01
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
$295 fee ~ Progressive Express Insurance Company's February 25, 2019, notice of appeal is treated as a notice of joinder. The parties may challenge this classification by motion within fifteen days from the date of this order. The party submitting this document shall remit the filing fee of $295, or an order or certificate of insolvency from the lower tribunal, within fifteen days or the submission will be stricken. § 35.22(2)(b), Fla. Stat. (2018).
|
|
| Docket Date |
2019-02-26
|
| Type |
Notice
|
| Subtype |
Notice of Joinder for Realignment
|
| Description |
Notice of Joinder in Appeal
|
| On Behalf Of |
ADAM J. SOUDERS
|
|
| Docket Date |
2019-02-11
|
| 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, an order of the circuit court 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 |
2019-02-11
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2019-02-11
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2019-02-11
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ ATTACHED ORDER APPEALED
|
| On Behalf Of |
SUAREZ TRUCKING FL CORP.
|
|
