| Docket Date |
2020-02-13
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2020-01-10
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2019-12-20
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Appellant Githler's motion for appellate attorney's fees pursuant to the provisions of the stock sale agreement, secured promissory note, stock pledge agreement, and section 517.211(6), Florida Statutes (2018), is provisionally granted contingent upon Githler prevailing in the litigation and establishing his entitlement to fees under the relevant contractual provisions. If Githler is successful below, the circuit court may award him his reasonable appellate attorneys' fees. Githler's motion for costs is stricken. See Fla. R. App. P. 9.400(a). Appellee Grande's motion for appellate attorney's fees pursuant to the provisions of the stock sale agreement, secured promissory note, and stock pledge agreement, is denied. Grande's motion for costs is stricken. See Fla. R. App. P. 9.400(a). Appellant Githler's response to Grande's motion for fees and costs is noted.
|
|
| Docket Date |
2019-12-20
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed in Part/Reversed in Part
|
| Description |
Affirmed in Part/Reversed in Part - Authored Opinion ~ ; remanded; conflict certified. **EN BANC**
|
|
| Docket Date |
2019-08-16
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Pursuant to Florida Rule of Appellate Procedure 9.331(a), the parties are notified that this case will proceed en banc.
|
|
| Docket Date |
2019-06-11
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ Tampa
|
|
| Docket Date |
2019-04-04
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Oral Argument Notice ~ This case is provisionally set for oral argument on TUESDAY, JUNE 11, 2019, at 9:30 A.M., before: Judge Susan H. Rothstein-Youakim, Judge J. Andrew Atkinson, Associate Judge Lawrence M. Lefler. 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 |
2019-02-04
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Appellees have filed motions for extensions of time to serve the answer brief in appeals 2D17-4963 and 2D18-5066. Per this court's January 10, 2019, order, these cases have been consolidated for record purposes and are traveling together. They have not, however, been consolidated for briefing. The motion for an extension of time filed in case 2D17-4963 is denied as the answer brief has already been filed in that appeal. Appellees' motion for an extension of time to serve the answer brief in appeal 2D18-5066 is granted, and Appellees shall serve the answer brief by February 13, 2019.
|
|
| Docket Date |
2019-01-29
|
| 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 |
PHILIP J. GRANDE
|
|
| Docket Date |
2019-01-10
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORD-GRANTING CONSOLIDATION ~ Appellants' motion to consolidate is granted as follows. Appeal numbers 2D17-4963 and 2D18-5066 will travel together and are consolidated for record purposes. Subsequent filings, including briefs, shall be filed in each case and shall contain the appropriate appeal number. The record on appeal in 2D17-4963 will serve as the record on appeal in 2D18-5066. The parties may move to supplement the record as necessary.
|
|
| Docket Date |
2019-01-08
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate
|
| On Behalf Of |
CHARLES E. GITHLER, I I I
|
|
| Docket Date |
2018-12-21
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANTS' RESPONSE TO APPELLEES' MOTION FOR AWARD OFAPPELLATE ATTORNEY'S FEES AND COSTS
|
| On Behalf Of |
CHARLES E. GITHLER, I I I
|
|
| Docket Date |
2018-12-21
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant Reply Brief
|
| On Behalf Of |
CHARLES E. GITHLER, I I I
|
|
| Docket Date |
2018-12-21
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
CHARLES E. GITHLER, I I I
|
|
| Docket Date |
2018-12-06
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant EOT (general)-74c ~ Appellants' motion for an extension of time is granted. Appellants may serve a response to Appellee's motion for attorney's fees and/or a reply brief by December 21, 2018.
|
|
| Docket Date |
2018-12-04
|
| 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 |
CHARLES E. GITHLER, I I I
|
|
| Docket Date |
2018-11-19
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
PHILIP J. GRANDE
|
|
| Docket Date |
2018-11-16
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief
|
| On Behalf Of |
PHILIP J. GRANDE
|
|
| Docket Date |
2018-11-05
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ Appellees’ motion for extension of time is granted, and the answer brief shall be served by November 16, 2018.
|
|
| Docket Date |
2018-11-02
|
| 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 |
PHILIP J. GRANDE
|
|
| Docket Date |
2018-10-15
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
CHARLES E. GITHLER, I I I
|
|
| Docket Date |
2018-10-15
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
CHARLES E. GITHLER, I I I
|
|
| Docket Date |
2018-08-31
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 127 PAGES
|
|
| Docket Date |
2018-08-30
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
ORDER GRANTING MOTION TO SUPPLEMENT THE RECORD ~ Appellants’ 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’ motion for extension of time is granted to the extent that the initial brief shall be served within forty-five days from the date of this order. Further extensions are unlikely to be entertained absent extraordinary circumstances.
|
|
| Docket Date |
2018-08-21
|
| Type |
Response
|
| Subtype |
Objection
|
| Description |
OBJECTION ~ OBJECTION TO APPELLANTS' MOTION FOR DIRECT SUPPLEMENTATION AND 30-DAY EXTENSION OF TIME TO FILE INITIAL BRIEF, OR, IN THE ALTERNATIVE, MOTION TO DIRECT CLERK OF THE CIRCUIT COURT TO PREPARE SUPPLEMENTAL INDEX TO THE RECORD ON APPEAL AND FOR A 30-DAY EXTENSION OF TIME FROM THE DATE ON WHICH THESUPPLEMENTAL INDEX IS PREPARED
|
| On Behalf Of |
PHILIP J. GRANDE
|
|
| Docket Date |
2018-08-17
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Motion Supplemental Record & Eot For Brief
|
| On Behalf Of |
CHARLES E. GITHLER, I I I
|
|
| Docket Date |
2018-07-27
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
ORD-WITHDRAW AS COUNSEL ~ The motion to withdraw as counsel for the appellants filed by Attorneys Ceci Berman and Douglas A. Wallace is granted. Attorneys Berman and Wallace and the Brannock & Humphries firm shall have no further responsibilities in this appeal. Attorneys W. Andrew Clayton, Jr., and Worth S. Graham remain counsel of record for the appellants. The initial brief shall be served within 30 days of the date of this order.
|
|
| Docket Date |
2018-07-24
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
CHARLES E. GITHLER, I I I
|
|
| Docket Date |
2018-07-23
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
CHARLES E. GITHLER, I I I
|
|
| Docket Date |
2018-07-11
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ TO CLARIFICATION OF MOTION TO WITHDRAW AS COUNSEL OF RECORD
|
| On Behalf Of |
CHARLES E. GITHLER, I I I
|
|
| Docket Date |
2018-07-10
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Within 7 days of the date of this order, Attorneys Wallace and Berman shall clarify their motion to withdraw as counsel, as follows. They request "time to obtain new counsel and serve [the] initial brief." However, Attorneys Clayton and Graham, from a different law firm, remain as counsel of record for the appellants and are therefore responsible for briefing.
|
|
| Docket Date |
2018-07-06
|
| Type |
Response
|
| Subtype |
Objection
|
| Description |
OBJECTION ~ TO APPELLANTS' REQUEST FOR EXTENSION OF TIME TO SERVE INITIAL BRIEF
|
| On Behalf Of |
PHILIP J. GRANDE
|
|
| Docket Date |
2018-07-03
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
CHARLES E. GITHLER, I I I
|
|
| Docket Date |
2018-05-18
|
| Type |
Order
|
| Subtype |
Order on Motion For Review
|
| Description |
ORD-GRANT MOTION FOR REVIEW ~ The appellants' emergency motion for review of order denying emergency motion for order and for stay pending appeal is granted only to the extent that this court has reviewed the trial court's order. That order is approved.
|
|
| Docket Date |
2018-05-17
|
| Type |
Motions Other
|
| Subtype |
Request for Emergency Treatment
|
| Description |
Emergency Motion ~ APPELLANTS' EMERGENCY MOTION FOR REVIEW OF ORDER DENYING EMERGENCY MOTION FOR ORDER AND FOR STAY PENDING APPEAL
|
| On Behalf Of |
CHARLES E. GITHLER, I I I
|
|
| Docket Date |
2018-05-03
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 45 - IB due 07/06/18
|
| On Behalf Of |
CHARLES E. GITHLER, I I I
|
|
| Docket Date |
2018-04-19
|
| Type |
Record
|
| Subtype |
Exhibits
|
| Description |
Received Exhibits ~ NON IMAGE EVIDENCE - 5 PAGES
|
|
| Docket Date |
2018-04-02
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion-79 ~ Appellants’ motion to set a briefing schedule is granted, and Appellants shall serve the initial brief by May 22, 2018.
|
|
| Docket Date |
2018-03-27
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ APPELLANTS' UNOPPOSED MOTION TO SET BRIEFING SCHEDULE
|
| On Behalf Of |
CHARLES E. GITHLER, I I I
|
|
| Docket Date |
2018-03-14
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
|
| Docket Date |
2018-03-13
|
| Type |
Order
|
| Subtype |
Order on Motion For Review
|
| Description |
Order Denying Motion For Review ~ The appellants' motion for leave to file a reply is denied.The appellants' emergency motion for review of order denying emergency motion for stay is granted only to the extent that this court has reviewed the trial court's order. That order is approved, and no stay is imposed.The provisional stay instituted by this court's February 20, 2018, order is hereby lifted.
|
|
| Docket Date |
2018-03-09
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
PHILIP J. GRANDE
|
|
| Docket Date |
2018-03-09
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
APPENDICES /ATTACHMENTS TO RESPONSE
|
| On Behalf Of |
PHILIP J. GRANDE
|
|
| Docket Date |
2018-03-08
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Document
|
| Description |
Miscellaneous Trial Court Order ~ ORDER DENYING REHEARING
|
| On Behalf Of |
PHILIP J. GRANDE
|
|
| Docket Date |
2018-03-07
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
status report within * days ~ The appellants’ motion for review and the appellees’ response are noted. The court will defer ruling on the motion for review, as well as on the appellants’ motion for leave to file a reply, until the trial court has disposed of the appellants’ motion for rehearing. The parties shall file a status report or a joint report on the rehearing process within 30 days of the date of this order or immediately upon disposition of the motion for rehearing, whichever is sooner. If the trial court has disposed of the motion, the status report(s) shall address the impact of the court's resolution on the need for a stay. The provisional stay effected by this court's February 20, 2018, order remains in effect.
|
|
| Docket Date |
2018-03-06
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ APPELLANTS' MOTION FOR LEAVE TO FILE A REPLY TOAPPELLEES' RESPONSE IN OPPOSITION TO APPELLANTS'EMERGENCY MOTION FOR REVIEW OF ORDER DENYINGEMERGENCY MOTION FOR STAY PENDINGAPPEAL AND FOR OTHER RELIEF
|
| On Behalf Of |
CHARLES E. GITHLER, I I I
|
|
| Docket Date |
2018-03-05
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Document
|
| Description |
Miscellaneous Trial Court Document ~ RESPONSE IN OPPOSITION TO PLAINTIFFS' MOTION FOR REHEARING - STYLED IN CIRCUIT COURT
|
|
| Docket Date |
2018-03-05
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
APPENDICES /ATTACHMENTS TO RESPONSE ~ APPENDIX TO APPELLEES' RESPONSE IN OPPOSITION TO APPELLANTS' EMERGENCY MOTION FOR REVIEW OF ORDER DENYING EMERGENCY MOTION FOR STAY OF RELIEF PENDING APPEAL FOR OTHER RELIEF
|
| On Behalf Of |
PHILIP J. GRANDE
|
|
| Docket Date |
2018-03-05
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLEES' RESPONSE IN OPPOSITION TO APPELLANTS' EMERGENCY MOTION FOR REVIEW OF ORDER DENYING EMERGENCY MOTION FOR STAY OF RELIEF PENDING APPEAL FOR OTHER RELIEF
|
| On Behalf Of |
PHILIP J. GRANDE
|
|
| Docket Date |
2018-02-21
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER ~ The appellees shall respond to the appellants' emergency motion for review of order denying emergency motion for stay of relief pending appeal and for other relief within 10 days of the date of this order. Any electronic filing shall indicate a specific emergency category or "emergency other" category and a time-sensitive date.The court's February 20, 2018, stay order remains in effect.
|
|
| Docket Date |
2018-02-20
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Emergency Motion To Stay ~ APPELLANTS' EMERGENCY MOTION FOR TEMPORARY STAY PENDING THIS COURT'S REVIEW OF APPELLANTS' EMERGENCY MOTION FOR REVIEW OF ORDER DENYING STAY
|
| On Behalf Of |
CHARLES E. GITHLER, I I I
|
|
| Docket Date |
2018-02-20
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion-79 ~ The appellants' emergency motion for temporary stay pending this court's review of appellants' (forthcoming) emergency motion for review is granted to the extent that the trial court's February 20, 2018, order denying plaintiffs' emergency motion for stay pending appeal and other relief is stayed pending this court's review of the appellants' motion to review.
|
|
| Docket Date |
2018-02-15
|
| Type |
Order
|
| Subtype |
Order on Motion to Relinquish Jurisdiction
|
| Description |
ORDER GRANTING RELINQUISH JURISDICTION ~ This court's January 11, 2018, order to show cause is discharged. Appellants' status report is treated as a motion to relinquish jurisdiction and granted to the extent that jurisdiction is relinquished for 45 days for the trial court to address the appellants' motion for rehearing. The appellants shall file in this court a status report within 45 days. If the order on the appellants' motion does nothing to change the order on appeal, the appellants shall attach a copy of the order to his status report, and this appeal will proceed. If, on the other hand, the order on the appellants' motion alters the effect of the order on appeal, that order cannot be incorporated into this appeal. A party who is or remains aggrieved by such an order must file a notice of appeal challenging a new order within 30 days of its rendition. See Fla. R. App. P. 9.110(b). As may then be appropriate, either the parties should consider moving for consolidation of the present appeal and any new appeal or, if an amended final judgment entered by the trial court completely supersedes the original final judgment, the appellants should file a notice of voluntary dismissal of the present appeal. Appellees' motion to dismiss amended notice of appeal is denied as moot.
|
|
| Docket Date |
2018-02-12
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ ***TREATED AS A MOTION TO RELINQUISH JURISDICTION***
|
| On Behalf Of |
CHARLES E. GITHLER, I I I
|
|
| Docket Date |
2018-02-05
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
|
| Docket Date |
2018-01-25
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Deny Miscellaneous Motion-79a ~ Appellants' motion to clarify the scope of relinquishment is denied without prejudice to Appellants to file a motion to relinquish jurisdiction to the trial court to rule on a motion for rehearing following entry of a final appealable judgment.
|
|
| Docket Date |
2018-01-18
|
| Type |
Motions Other
|
| Subtype |
Request for Emergency Treatment
|
| Description |
Emergency Motion ~ APPELLANTS' EMERGENCY MOTION TO CLARIFY THE SCOPE OF THE RELINQUISHMENT OF JURISDICTION
|
| On Behalf Of |
CHARLES E. GITHLER, I I I
|
|
| Docket Date |
2018-01-16
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
CHARLES E. GITHLER, I I I
|
|
| Docket Date |
2018-01-11
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Deny Miscellaneous Motion-79a ~ Appellants' motion to determine jurisdiction is denied.
|
|
| Docket Date |
2018-01-10
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss ~ MOTION TO DISMISS AMENDED NOTICE OF APPEAL
|
| On Behalf Of |
PHILIP J. GRANDE
|
|
| Docket Date |
2018-01-10
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal
|
|
| Docket Date |
2017-12-29
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal ~ WITH AN ORDER GRANTING RECONSIDERATOIN AND AMENDED TRIAL ORDER ATTACHED.
|
| On Behalf Of |
CHARLES E. GITHLER, I I I
|
|
| Docket Date |
2017-12-20
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
PHILIP J. GRANDE
|
|
| Docket Date |
2017-12-20
|
| Type |
Record
|
| Subtype |
Appendix to Motion
|
| Description |
ALL OTHER MOTIONS APPENDIX/ATTACHMENT
|
| On Behalf Of |
CHARLES E. GITHLER, I I I
|
|
| Docket Date |
2017-12-19
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ MOTION TO DETERMINE JURISDICTION
|
| On Behalf Of |
CHARLES E. GITHLER, I I I
|
|
| Docket Date |
2017-12-18
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid through Portal
|
| On Behalf Of |
CHARLES E. GITHLER, I I I
|
|
| Docket Date |
2017-12-15
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2017-12-15
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty
|
|
| Docket Date |
2017-12-14
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2017-12-14
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
CHARLES E. GITHLER, I I I
|
|
