| Docket Date |
2018-02-27
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2018-01-24
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-DENYING REHEARING
|
|
| Docket Date |
2017-12-13
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLEE'S RESPONSE TO THE APPELLANTS' MOTION FOR REHEARING, WRITTEN OPINION, CERTIFICATION AND REHEARING EN BANC
|
| On Behalf Of |
THOMAS PENNELLA
|
|
| Docket Date |
2017-12-08
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant EOT (general)-74c ~ Appellants' motion for extension of time to seek rehearing, rehearing en banc, and a written opinion is granted for four (4) days from the date of this order.
|
|
| Docket Date |
2017-12-04
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion for Rehearing / Rehearing En Banc ~ APPELLANTS' MOTION FOR REHEARING, WRITTEN OPINION, CERTIFICATION AND REHEARING EN BANC
|
| On Behalf Of |
T S A STORES, INC.
|
|
| Docket Date |
2017-11-28
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ APPELLANTS' OPPOSED MOTION FOR FOUR (4) DAY EXTENSION OF TIME TO SEEK REHEARING, REHEARING EN BANC, AND A WRITTEN OPINION
|
| On Behalf Of |
T S A STORES, INC.
|
|
| Docket Date |
2017-11-15
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Attorney Fees/Appellant ~ The appellants' motion for attorney's fees is denied.
|
|
| Docket Date |
2017-11-15
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2017-11-01
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ Tampa
|
|
| Docket Date |
2017-09-14
|
| Type |
Order
|
| Subtype |
Order on Motion For Continuation of Oral Argument
|
| Description |
ORD-GRANTING CONTINUANCE OF OA ~ The agreed emergency motion filed September 14, 2017, for continuance of oral argument is granted. Oral argument scheduled for September 19, 2017, is cancelled and will be rescheduled for a later date.
|
|
| Docket Date |
2017-09-14
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion For Continuation of Oral Argument
|
| Description |
Motion For Continuation of Oral Argument ~ "AGREED EMERGENCY MOTION FOR CONTINUANCE OF ORAL ARGUMENT"
|
| On Behalf Of |
THOMAS PENNELLA
|
|
| Docket Date |
2017-06-07
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant Reply Brief
|
| On Behalf Of |
T S A STORES, INC.
|
|
| Docket Date |
2017-06-07
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument ~ AA MAUREEN G. PEARCY, ESQ. 57932
|
| On Behalf Of |
T S A STORES, INC.
|
|
| Docket Date |
2017-05-30
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 7- RB DUE 06/07/17
|
| On Behalf Of |
T S A STORES, INC.
|
|
| Docket Date |
2017-04-27
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30-RB DUE 05/31/17
|
| On Behalf Of |
T S A STORES, INC.
|
|
| Docket Date |
2017-04-04
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief
|
| On Behalf Of |
THOMAS PENNELLA
|
|
| Docket Date |
2017-03-21
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ Appellee's motion for extension of time is granted, and the answer brief shallbe served April 7, 2017.
|
|
| Docket Date |
2017-03-17
|
| 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 |
THOMAS PENNELLA
|
|
| Docket Date |
2017-02-20
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30-AB DUE 03/23/17
|
| On Behalf Of |
THOMAS PENNELLA
|
|
| Docket Date |
2017-01-23
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30-AB DUE 02/22/17
|
| On Behalf Of |
THOMAS PENNELLA
|
|
| Docket Date |
2016-12-21
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDER GRANTING EOT FOR ANSWER BRIEF
|
|
| Docket Date |
2016-12-15
|
| 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 |
THOMAS PENNELLA
|
|
| Docket Date |
2016-12-15
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
T S A STORES, INC.
|
|
| Docket Date |
2016-12-15
|
| Type |
Record
|
| Subtype |
Appendix to Motion
|
| Description |
ALL OTHER MOTIONS APPENDIX/ATTACHMENT ~ APPENDIX TO APPELLANTS' MOTION FOR APPELLATE FEES
|
| On Behalf Of |
T S A STORES, INC.
|
|
| Docket Date |
2016-11-28
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits ~ WORD
|
| On Behalf Of |
T S A STORES, INC.
|
|
| Docket Date |
2016-11-07
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER ~ The appellants' motions to consolidate are granted. The above-captioned appeals are hereby consolidated for all purposes. As it appears that additional record is not necessary for review of the consolidated appeal, the consolidated initial brief shall be served within 20 days of this order.
|
|
| Docket Date |
2016-10-20
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate ~ w/2D16-4404
|
| On Behalf Of |
T S A STORES, INC.
|
|
| Docket Date |
2016-09-28
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDER GRANTING EOT FOR INITIAL BRIEF
|
|
| Docket Date |
2016-09-27
|
| 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 |
T S A STORES, INC.
|
|
| Docket Date |
2016-08-25
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30-IB DUE 09/28/16
|
| On Behalf Of |
T S A STORES, INC.
|
|
| Docket Date |
2016-08-01
|
| Type |
Record
|
| Subtype |
Transcript
|
| Description |
Transcript Received
|
|
| Docket Date |
2016-07-19
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
ORDER GRANTING MOTION TO SUPPLEMENT THE RECORD
|
|
| Docket Date |
2016-07-18
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Motion To File Supplemental Record ~ APPELLANTS' SECOND UNOPPOSED MOTION TO SUPPLEMENT THE RECORD ON APPEAL
|
| On Behalf Of |
T S A STORES, INC.
|
|
| Docket Date |
2016-06-29
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ TSA Stores Inc., d/b/a Sports Authority is stricken as an appellant in case number 2D16-920. See Hewett v. Wells Fargo Bank, N.A., 2D15-1074 (Fla. 2d DCA June 1, 2016); AmMed Surgical Equip., LLC v. Prof'l Med. Billing Specialists, LLC, 162 So. 3d 209 (Fla. 2d DCA 2015). This is without prejudice for TSA Stores Inc., d/b/a Sports Authority to file a new notice of appeal within the time limits allowed by 11 U.S.C. § 108(c) (2012). Case number 2D16-920 shall proceed with Total Facility, Inc. and Piper Automotive & Marine Service, Inc., d/b/a Piper Construction as appellants.Appellants' May 10, 2016, motion to supplement the record is granted, and appellants shall make arrangements within three days with the clerk of the circuit court for the supplementation of the record with the items mentioned in the motion, with the supplemental record to be filed in this court within twenty-five days from the date of this order. Appellants shall serve the initial brief within sixty days of the date of this order.
|
|
| Docket Date |
2016-06-17
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANTS' RESPONSE TO THE COURT'S JUNE 3, 2016 SHOW CAUSE ORDER
|
| On Behalf Of |
T S A STORES, INC.
|
|
| Docket Date |
2016-06-03
|
| Type |
Order
|
| Subtype |
Order Vacating/Withdrawing Order
|
| Description |
ORDER VACATED ~ In light of this court's opinion in [u]Hewett v. Wells Fargo Bank, N.A.[u], 2D15-1074 (Fla. 2d DCA June 1, 2016), this court's March 29, 2016, order in case number 2D16-920 is vacated, and the following order is entered in its place.The circuit court entered a final judgment awarding plaintiff Thomas Pannella damages against codefendants TSA Stores Inc., d/b/a Sports Authority (Sports Authority), Total Facility, Inc. (Total Facility), and Piper Automotive & Marine Service, Inc., d/b/a Piper Construction (Piper) in proportion with the percentage of liability that the jury assigned to each codefendant. Rendition of the final judgment occurred on February 10, 2016. On March 2, 2016, Sports Authority filed a chapter 11 petition for bankruptcy in the United States Bankruptcy Court for the District of Delaware, which stayed all proceedings against Sports Authority. [u]See[u] 11 U.S.C. § 362 (2012). However, the automatic stay provision of section 362 does not extend to nondebtor codefendants Total Facility and Piper. [u]See[u] [u]Reliant Energy Servs., Inc. v. Enron Canada Corp.[u], 349 F.3d 816 (5th Cir. 2003). On March 3, 2016, Sports Authority, Total Facility, and Piper, filed with the clerk of the circuit court a single notice of appeal seeking review of the final judgment. Sports Authority's filing of a notice of appeal is a continuation of a judicial proceeding against a debtor in violation of the automatic stay. Therefore, Sports Authority's filing of a notice of appeal has no legal effect because an action that violates the bankruptcy stay is void. [u]See[u] [u]Hewett v. Wells Fargo Bank, N.A.[u], 2D15-1074 (Fla. 2d DCA June 1, 2016); [u]AmMed Surgical Equip., LLC v. Prof'l Med. Billing Specialists, LLC[u], 162 So. 3d 209 (Fla. 2d DCA 2015). However, Total Facility and Piper's filing of the notice of appeal are not void as to them because the bankruptcy stay does not extend to them as nondebtor codefendants. Therefore, Sports Authority, Total Facility, and Piper shall show cause within 15 days of the date of this order why Sports Authority should not be stricken as an appellant from this proceeding and why this appeal of the final judgment should not proceed with Total Facility and Piper as the only two appellants in case number 2D16-920. Total Facility and Piper's unopposed motion to supplement the record on appeal shall remain pending until the outcome of this order to show cause.
|
|
| Docket Date |
2016-05-16
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLEE'S SUPPLEMENTAL RESPONSE, PURSUANT TO THIS COURT'S ORDER DATED MAY 10, 2016, RELATING TO THE STATUS OF THE AUTOMATIC STAY
|
| On Behalf Of |
THOMAS PENNELLA
|
|
| Docket Date |
2016-05-10
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-TO FILE RESPONSE ~ Within 10 days of the date of this order, appellee shall supplement its response by providing (1) a status report on the automatic stay in Appellant TSA Stores Inc. d/b/a Sports Authority's bankruptcy proceeding, (2) whether appellee has filed a motion for relief from automatic stay that would allow this appeal to proceed, and (3) if appellee has filed such a motion, the status of that motion.
|
|
| Docket Date |
2016-05-10
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement ~ APPELLANTS TOTAL FACILITY, INC. AND PIPER AUTOMOTIVE & MARINE SERVICE, INC.'S UNOPPOSED MOTION TO SUPPLEMENT THE RECORD ON APPEAL
|
| On Behalf Of |
T S A STORES, INC.
|
|
| Docket Date |
2016-05-10
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ SEALED RECORD
|
|
| Docket Date |
2016-04-25
|
| Type |
Response
|
| Subtype |
Reply
|
| Description |
REPLY ~ APPELLEE'S REPLY TO APPELLANTS' RESPONSE TO THISCOURT'S MARCH 29, 2016 ORDER REGARDING"APPELLANTS' PREFERENCE" FOR DELAYING RESOLUTIONAS TO ALL DEFENDANTS OR FOR THIS COURT TO CREATEA NEW PROCEEDING FOR THE APPELLANTS TO WHOM THESTAY DOES NOT APPLY
|
| On Behalf Of |
THOMAS PENNELLA
|
|
| Docket Date |
2016-04-15
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANTS' RESPONSE TO THE COURT'S MARCH 29, 2016 ORDER REGARDING PREFERENCE TO DELAY RESOLUTION OF APPEAL UNTIL BANKRUPTCY STAY IS LIFTED
|
| On Behalf Of |
T S A STORES, INC.
|
|
| Docket Date |
2016-04-13
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER ~ Appellants' motion for extension of time is granted. Within 7 days of the date of this order, appellants shall serve a response to this court's March 29, 2016, order, in which appellants shall express a preference for delaying the resolution of this appeal until the stay is lifted or for this court to create a new proceeding for the appellants to whom the stay does not apply that can be decided during the pendency of the stay. The appellee may reply within 10 days of service of the responses.
|
|
| Docket Date |
2016-04-07
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ APPELLANTS' MOTION FOR SEVEN DAY EXTENSION OF TIME TO RESPOND TO THE COURT'S MARCH 29 ORDER
|
| On Behalf Of |
T S A STORES, INC.
|
|
| Docket Date |
2016-03-29
|
| Type |
Order
|
| Subtype |
Order re Stay
|
| Description |
bankruptcy stay ~ ***VACATED***(see 6/3/16 ord)This court is prevented from any action in this appeal due to the automatic stay provision of 11 U.S.C., Section 362, Bankruptcy Code, unless a party receives stay relief from the bankruptcy court which at this time has jurisdiction. See Crowe Group, Inc. v. Garner, 691 So. 2d 1089 (Fla. 2d DCA 1993).The parties are directed to inform this court when the bankruptcy court grants relief from the automatic stay or when the stay lapses. If neither of these events occurs within 120 days of this order, the parties shall provide this court with individual status reports or a joint report.The stay applies only to Appellant TSA Stores, Inc. d/b/a Sports Authority. See Reliant Energy Services, Inc. v. Enron Canada Corp., 349 F. 3d 816 (5th Cir. 2003). Appellants shall within 10 days express a preference for delaying the resolution of this appeal until the stay is lifted or for this court to create a new proceeding for the appellants to whom the stay does not apply that can be decided during the pendency of the stay. The appellee may reply within 10 days of service of the responses.
|
|
| Docket Date |
2016-03-21
|
| Type |
Notice
|
| Subtype |
Suggestion of Bankruptcy
|
| Description |
Suggestion of Bankruptcy ~ NOTICE OF BANKRUPTCY AND STAY OF PROCEEDINGS
|
| On Behalf Of |
T S A STORES, INC.
|
|
| Docket Date |
2016-03-09
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty
|
|
| Docket Date |
2016-03-08
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
THOMAS PENNELLA
|
|
| Docket Date |
2016-03-07
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2016-03-04
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
T S A STORES, INC.
|
|
| Docket Date |
2016-03-04
|
| Type |
Miscellaneous Document
|
| Subtype |
Lower Tribunal Transmittal Cover Sheet
|
| Description |
LOWER TRIBUNAL TRANSMITTAL COVER SHEET
|
| On Behalf Of |
COLLIER CLERK
|
|
| Docket Date |
2016-03-04
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
