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Vital Pharmaceuticals, Inc., etc., et al., Petitioner(s), v. Marc J. Kesten, Respondent(s).
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3D2023-0247
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2023-02-10
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Closed
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| Classification |
Original Proceedings - Circuit Civil - Certiorari
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| Court |
3rd District Court of Appeal
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| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
20-21163
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Parties
| Name |
VITAL PHARMACEUTICALS, INC.
|
| Role |
Appellant
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| Status |
Active
|
| Representations |
Loren H. Cohen, Steven Roger Adamsky, Jeffrey Rynor
|
|
| Name |
John H. Owoc
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Marc J. Kesten
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Alejandro Brito, Lawrence Jeff Shapiro, Cecilia Sofia Miranda
|
|
| Name |
Hon. Maria de Jesus Santovenia
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
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| Role |
Lower Tribunal Clerk
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| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-01-09
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| Type |
Disposition by Order
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| Subtype |
Dismissed
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| Description |
Petitioner Vital Pharmaceuticals, Inc., d/b/a Bang Energy's Motion to Dismiss Petition and Response to the Order to Show Cause, filed on December 27, 2023, is noted.
Upon consideration, the Petition for Writ of Certiorari is hereby dismissed as moot.
LOGUE, C.J., and GORDO and LOBREE, JJ., concur.
Respondent's Notice of Non-Objection to Petitioner Vital Pharmaceuticals, Inc., d/b/a Bang Energy's Motion to Dismiss Petition for Writ of Certiorari, filed on December 29, 2023, is noted.
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| View |
View File
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| Docket Date |
2024-01-29
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| Type |
Misc. Events
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| Subtype |
West Publishing
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| Description |
West Publishing
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|
| Docket Date |
2024-01-29
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| Type |
Mandate
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| Subtype |
Disp. w/o Mandate
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| Description |
Disp. w/o Mandate
|
|
| Docket Date |
2023-12-29
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Respondent Notice of Non-Objection to Petitioner Vital's Motion to Dismiss Petition for Writ of Certiorari
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| On Behalf Of |
Marc J. Kesten
|
|
| Docket Date |
2023-12-27
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| Type |
Motions Other
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| Subtype |
Motion To Dismiss
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| Description |
Petitioner Motion To Dismiss Petition and Response to the Order to Show Cause
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| On Behalf Of |
Vital Pharmaceuticals, Inc.
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|
| Docket Date |
2023-12-20
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| Type |
Order
|
| Subtype |
Order to Show Cause
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| Description |
The parties are hereby ordered to show cause, within twenty (20) days from the date of this Order, as to why this Petition should not be dismissed as moot based on the bankruptcy court's recent issuance of an order lifting the stay and entering an injunction.
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| View |
View File
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| Docket Date |
2023-12-19
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| Type |
Misc. Events
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| Subtype |
Status Report
|
| Description |
Petitioner Report Regarding the Lifting of the Stay in Bankruptcy and Entry of an Injunction that precludes Respondent from Advancing this Case Pursuant to the Pursuant to the Plan of Confirmation
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| On Behalf Of |
Vital Pharmaceuticals, Inc.
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|
| Docket Date |
2023-12-13
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| Type |
Response
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| Subtype |
Response
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| Description |
Petitioner Response to Respondent Motion to Supplement the Record and Motion to STay
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| On Behalf Of |
Vital Pharmaceuticals, Inc.
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|
| Docket Date |
2023-12-12
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| Type |
Motions Relating to Records
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| Subtype |
Motion to Supplement Record
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| Description |
Respondent's Motion for Order Lifting Temporary Stay and Motion to Supplement Record
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| On Behalf Of |
Marc J. Kesten
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|
| Docket Date |
2023-11-30
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| Type |
Order
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| Subtype |
Order
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| Description |
Upon consideration of Petitioner Vital Pharmaceuticals, Inc.'s
Motion to Supplement the Record and Urgent Motion for an Expedited Ruling
on the Merits, the trial court's proceedings are hereby temporarily stayed
pending further order of this Court.
Order
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| View |
View File
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| Docket Date |
2023-11-29
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| Type |
Motions Relating to Records
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| Subtype |
Motion to Supplement Record
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| Description |
Petitioner Motion to Supplement Record and Urgent Motion for and Expedited Ruling on the Merits
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| On Behalf Of |
Vital Pharmaceuticals, Inc.
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|
| Docket Date |
2023-11-21
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| Type |
Misc. Events
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| Subtype |
Status Report
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| Description |
Petitioner Supplemental Status Report in Response to Order dated July 27, 2023
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| On Behalf Of |
Vital Pharmaceuticals, Inc.
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|
| Docket Date |
2023-08-01
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| Type |
Misc. Events
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| Subtype |
Status Report
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| Description |
Status Report
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| On Behalf Of |
Marc J. Kesten
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| Docket Date |
2023-07-28
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| Type |
Misc. Events
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| Subtype |
Status Report
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| Description |
Status Report ~ In response to order dated July 27, 2023
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| On Behalf Of |
Vital Pharmaceuticals, Inc.
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|
| Docket Date |
2023-07-27
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| Type |
Order
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| Subtype |
Order to File Status Report
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| Description |
File Status Report (OR03) ~ The parties are ordered to file a status report, within five (5)days from the date of this Order, regarding the outcome of their recentmediation.
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| Docket Date |
2023-05-04
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| Type |
Motions Relating to Oral Argument
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| Subtype |
Motion/Request for Oral Argument
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| Description |
Request for Oral Argument
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| On Behalf Of |
Vital Pharmaceuticals, Inc.
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| Docket Date |
2023-05-04
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| Type |
Brief
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| Subtype |
Reply Brief
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| Description |
Appellant's Reply Brief
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| On Behalf Of |
Vital Pharmaceuticals, Inc.
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|
| Docket Date |
2023-05-04
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| Type |
Record
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| Subtype |
Appendix
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| Description |
Appendix ~ REPLY APPENDIX OF PETITIONER, VITAL PHARMACEUTICALS, INC., d/b/a BANG ENERGY, a Florida corporation,
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| On Behalf Of |
Vital Pharmaceuticals, Inc.
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| Docket Date |
2023-04-26
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| Type |
Order
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| Subtype |
Order on Motion for Extension of Time to Reply to Response
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| Description |
Ext-granted to reply to response on pet. (OG01D) ~ Petitioner's Request for extension of time to file a reply to the Response to the Petition for Writ of Certiorari is granted to and including thirty (30) days from the date of this Order.
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|
| Docket Date |
2023-04-21
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| Type |
Response
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| Subtype |
Response
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| Description |
RESPONSE ~ PETITIONER, VITAL PHARMACEUTICALS, INC.'SRESPONSE TO RESPONDENT'S MOTION FOR ANORDER PRECLUDING UNTIMELY FILING OF REPLYBY PETITIONERS AND REQUEST FOR A RULING ONPETITIONERS' PETITION FOR WRIT OF CERTIORARI
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| On Behalf Of |
Vital Pharmaceuticals, Inc.
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|
| Docket Date |
2023-04-20
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| Type |
Notice
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| Subtype |
Notice of Appearance
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| Description |
Notice of Appearance
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| On Behalf Of |
Vital Pharmaceuticals, Inc.
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|
| Docket Date |
2023-04-19
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| Type |
Motions Other
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| Subtype |
Miscellaneous Motion
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| Description |
Miscellaneous Motion ~ RESPONDENT'S MOTION FOR ORDER PRECLUDING UNTIMELY FILING OF REPLY BY PETITIONERS AND REQUEST FOR RULING ON PETITIONERS' PETITION FOR WRIT OF CERTIORARI
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| On Behalf Of |
Marc J. Kesten
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|
| Docket Date |
2023-04-03
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| Type |
Order
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| Subtype |
Order on Motion To Withdraw as Counsel
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| Description |
Motion to Withdraw Granted (OG44) ~ The Motion for Leave to Withdraw as Counsel is granted, and the law firm of Cole, Scott & Kissane, P.A., and Francesca M. Stein, Esquire, are withdrawn as counsel for Petitioners, and relieved from any further responsibility in this cause. LOGUE, GORDO and LOBREE, JJ., concur.
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| Docket Date |
2023-03-31
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| Type |
Order
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| Subtype |
Order on Motion for Extension of Time to Reply to Response
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| Description |
Ext-granted to reply to response on pet. (OG01D) ~ Petitioners’ Unopposed Motion for Extension of Time to file a reply to the Response to the Petition for Writ of Certiorari is granted to and including April 7, 2023.
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|
| Docket Date |
2023-03-29
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| Type |
Motions Relating to Parties and Counsel
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| Subtype |
Motion To Withdraw as Counsel
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| Description |
Motion To Withdraw as Counsel
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| On Behalf Of |
Vital Pharmaceuticals, Inc.
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|
| Docket Date |
2023-03-28
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time
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| Description |
Motion for Extension of Time ~ PETITIONERS' UNOPPOSED MOTION FOR EXTENSIONOF TIME TO SERVE REPLY TO RESPONDENT'S RESPONSE TOPETITION FOR WRIT OF CERTIORARI
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| On Behalf Of |
Vital Pharmaceuticals, Inc.
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|
| Docket Date |
2023-03-23
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| Type |
Response
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| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONDENT MARC J. KESTEN'S RESPONSE TOPETITION FOR WRIT OF CERTIORARI____________________________________________
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| On Behalf Of |
Marc J. Kesten
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|
| Docket Date |
2023-03-23
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| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ RESPONDENT MARC J. KESTEN'S SUPPLEMENTAL APPENDIX TORESPONSE TO PETITION FOR WRIT OF CERTIORARI
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| On Behalf Of |
Marc J. Kesten
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|
| Docket Date |
2023-03-17
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| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Extension granted to respond to petition (OG01) ~ Respondent’s Unopposed Motion for Extension of Time to File a Response to the Petition for Writ of Certiorari is granted to and including March 23, 2023. LOGUE, GORDO and LOBREE, JJ., concur.
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|
| Docket Date |
2023-03-16
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to File Response
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| Description |
Motion for Extension of Time to File Response ~ RESPONDENT'S UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE RESPONSE TO THE PETITION FOR WRIT
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| On Behalf Of |
Marc J. Kesten
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|
| Docket Date |
2023-03-03
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| Type |
Order
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| Subtype |
Order on Motion for Extension of Time to File Response
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| Description |
Extension granted to respond to petition (OG01) ~ Respondent’s Unopposed Motion for Extension of Time to File a Response to the Petition for Writ of Certiorari is granted to and including March 16, 2023.
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|
| Docket Date |
2023-02-28
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to File Response
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| Description |
Motion for Extension of Time to File Response ~ APPELLEE'S UNOPPOSED MOTION FOR EXTENSIONOF TIME TO FILE RESPONSE TO THE PETITION FOR WRIT
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| On Behalf Of |
Marc J. Kesten
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|
| Docket Date |
2023-02-14
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| Type |
Order
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| Subtype |
Order to Respond to Petition
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| Description |
Order Resp. on all Petitions except Prohibi(OR12L) ~ Respondent is ordered to file a response, within fifteen (15) days from the date of this Order, to the Petition for Writ of Certiorari. Further, a reply may be filed five (5) days thereafter.
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|
| Docket Date |
2023-02-14
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| Type |
Notice
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| Subtype |
Notice of Related Case or Issue
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| Description |
Notice of Similar or Related Case
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| On Behalf Of |
Vital Pharmaceuticals, Inc.
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|
| Docket Date |
2023-02-13
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter ~ Acknowledgment of new case letter with attachments
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|
| Docket Date |
2023-02-10
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| Type |
Petition
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| Subtype |
Petition
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| Description |
Petition Filed ~ RELATED CASE: 22-582
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| On Behalf Of |
Vital Pharmaceuticals, Inc.
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| Docket Date |
2023-02-10
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| Type |
Misc. Events
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| Subtype |
Fee Status
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| Description |
FP:Fee Paid Through Portal
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|
| Docket Date |
2023-02-10
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| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ APPENDIX TO PETITION FOR WRIT OF CERTIORARI
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| On Behalf Of |
Vital Pharmaceuticals, Inc.
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|
|
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Marc J. Kesten, Petitioner(s) v. Vital Pharmaceuticals, Inc., etc., et al., Respondent(s)
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SC2022-1253
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2022-09-22
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Closed
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| Classification |
Discretionary Review - Notice to Invoke - Direct Conflict of Decisions
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| Court |
Supreme Court of Florida
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| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
3D22-582
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Parties
| Name |
Marc J. Kesten
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| Role |
Petitioner
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| Status |
Active
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| Representations |
Lawrence J. Shapiro, Alejandro Brito, Cecilia S. Miranda
|
|
| Name |
VITAL PHARMACEUTICALS, INC.
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| Role |
Respondent
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| Status |
Active
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| Representations |
Loren H. Cohen, Jeffrey A. Rynor
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|
| Name |
John Owoc
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| Role |
Respondent
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| Status |
Active
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|
| Name |
BANG ENERGY, LLC
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| Role |
Respondent
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| Status |
Active
|
|
| Name |
Hon. Maria De Jesus Santovenia
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| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
3DCA Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
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Docket Entries
| Docket Date |
2023-03-30
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| Type |
Motion
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| Subtype |
Couns Withdrawal Based On Conflict
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| Description |
Motion to Withdraw as Counsel Based on Conflict
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| On Behalf Of |
Vital Pharmaceuticals, Inc.
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| View |
View File
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| Docket Date |
2023-03-30
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| Type |
Miscellaneous Document
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| Subtype |
Status Report
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| Description |
STATUS REPORT ~ Respondents' Status Report Regarding Vital Pharmaceuticals' Bankruptcy Proceedings
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| On Behalf Of |
Vital Pharmaceuticals, Inc.
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| View |
View File
|
|
| Docket Date |
2023-02-27
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| Type |
Miscellaneous Document
|
| Subtype |
Status Report
|
| Description |
STATUS REPORT ~ Respondents' Status Report Regarding Vital Pharmaceuticals' Bankruptcy Proceedings
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| On Behalf Of |
Vital Pharmaceuticals, Inc.
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| View |
View File
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| Docket Date |
2023-02-14
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| Type |
Notice
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| Subtype |
Filing
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| Description |
NOTICE-FILING ~ RESPONDENTS' SUPPLEMENT TO NOTICE OF FILING DATED JANUARY 12, 2023
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| On Behalf Of |
Vital Pharmaceuticals, Inc.
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| View |
View File
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| Docket Date |
2023-01-27
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| Type |
Miscellaneous Document
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| Subtype |
Status Report
|
| Description |
STATUS REPORT ~ Respondents' Status Report Regarding Vital Pharmaceuticals' Bankruptcy Proceedings
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| On Behalf Of |
Vital Pharmaceuticals, Inc.
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| View |
View File
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| Docket Date |
2023-01-12
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| Type |
Miscellaneous Document
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| Subtype |
Status Report
|
| Description |
STATUS REPORT ~ RESPONDENTS' NOTICE OF FILING TRIAL COURTORDER DENYING DEFENDANT, VITAL PHARMACEUTICALS,INC.'S, AMENDED MOTION TO EXTEND STAY TODEFENDANT, JOHN H. OWOC, PENDING RESOLUTION OF ITSBANKRUPTCY PROCEEDING
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| On Behalf Of |
Vital Pharmaceuticals, Inc.
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| View |
View File
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|
| Docket Date |
2022-12-29
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| Type |
Miscellaneous Document
|
| Subtype |
Status Report
|
| Description |
STATUS REPORT ~ Respondents' Status Report Regarding Vital Pharmaceuticals' Bankruptcy Proceedings
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| On Behalf Of |
Vital Pharmaceuticals, Inc.
|
| View |
View File
|
|
| Docket Date |
2022-11-28
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| Type |
Miscellaneous Document
|
| Subtype |
Status Report
|
| Description |
STATUS REPORT ~ RESPONDENTS' STATUS REPORT REGARDINGVITAL PHARMACEUTICALS' BANKRUPTCY PROCEEDINGS
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| On Behalf Of |
Vital Pharmaceuticals, Inc.
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| View |
View File
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| Docket Date |
2022-10-25
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| Type |
Notice
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| Subtype |
Notice
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| Description |
NOTICE ~ RESPONDENT'S SUPPLEMENT TO NOTICE OF FILING SUGGESTION OF BANKRUPTCY
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| On Behalf Of |
Vital Pharmaceuticals, Inc.
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| View |
View File
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| Docket Date |
2024-04-18
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| Type |
Event
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| Subtype |
Stay Ended
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| Description |
Stay ended
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|
| Docket Date |
2024-04-18
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| Type |
Disposition
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| Subtype |
Dism Voluntary
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| Description |
Petitioner and Respondent having filed a proper notice of dismissal pursuant to Florida Rule of Appellate Procedure 9.350(a), it is ordered that the petition for review is hereby voluntarily dismissed.
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| View |
View File
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| Docket Date |
2024-03-27
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| Type |
Motion
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| Subtype |
Notice-Dismiss (Voluntary Stipulation)
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| Description |
Joint Stipulation for Dismissal with Prejudice
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| View |
View File
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| Docket Date |
2024-02-26
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| Type |
Response
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| Subtype |
Response
|
| Description |
Petitioner, Marc J. Kesten's Status Report Pursuant to the Court's February 9, 2024 Order
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| On Behalf Of |
Marc J. Kesten
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| View |
View File
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| Docket Date |
2024-02-07
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| Type |
Order
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| Subtype |
Response/Reply Requested
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| Description |
Respondent filed "Vital Pharmaceuticals, Inc.'s Report Regarding the Lifting of the Stay in Bankruptcy and Entry of an Injunction That Precludes Respondent from Advancing this Case Pursuant to the Plan of Confirmation" on December 19, 2023. Petitioner is requested to file a response to report on or before February 26, 2024.
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| View |
View File
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| Docket Date |
2023-12-19
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| Type |
Miscellaneous Document
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| Subtype |
Status Report
|
| Description |
Respondent, Vital Pharmaceuticals, Inc.'s Report Regarding the Lifting of the Stay in Bankruptcy and Entry of an Injunction That Precludes Respondent from Advancing this Case Pursuant to the Plan of Confirmation
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| On Behalf Of |
Vital Pharmaceuticals, Inc.
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| View |
View File
|
|
| Docket Date |
2023-11-29
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| Type |
Miscellaneous Document
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| Subtype |
Status Report
|
| Description |
Respondent's Status Report Regarding Vital Pharmaceuticals' Bankruptcy Proceedings
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| On Behalf Of |
Vital Pharmaceuticals, Inc.
|
| View |
View File
|
|
| Docket Date |
2023-10-30
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| Type |
Miscellaneous Document
|
| Subtype |
Status Report
|
| Description |
Respondent's Status Report Regarding Vital Pharmaceuticals' Bankruptcy Proceedings
|
| On Behalf Of |
Vital Pharmaceuticals, Inc.
|
| View |
View File
|
|
| Docket Date |
2023-09-26
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| Type |
Miscellaneous Document
|
| Subtype |
Status Report
|
| Description |
Respondent's Status Report Regarding Vital Pharmaceuticals' Bankruptcy Proceedings
|
| On Behalf Of |
Vital Pharmaceuticals, Inc.
|
| View |
View File
|
|
| Docket Date |
2023-08-25
|
| Type |
Miscellaneous Document
|
| Subtype |
Status Report
|
| Description |
Respondent's Status Report Regarding Vital Pharmaceuticals' Bankruptcy Proceedings
|
| On Behalf Of |
Vital Pharmaceuticals, Inc.
|
| View |
View File
|
|
| Docket Date |
2023-07-25
|
| Type |
Miscellaneous Document
|
| Subtype |
Status Report
|
| Description |
Respondent's Status Report Regarding Vital Pharmaceuticals' Bankruptcy Proceedings
|
| On Behalf Of |
Vital Pharmaceuticals, Inc.
|
| View |
View File
|
|
| Docket Date |
2023-06-30
|
| Type |
Miscellaneous Document
|
| Subtype |
Status Report
|
| Description |
Respondent's Status Report Regarding Vital Pharmaceuticals' Bankruptcy Proceedings
|
| On Behalf Of |
Vital Pharmaceuticals, Inc.
|
| View |
View File
|
|
| Docket Date |
2023-06-30
|
| Type |
Notice
|
| Subtype |
Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Vital Pharmaceuticals, Inc.
|
| View |
View File
|
|
| Docket Date |
2023-06-28
|
| Type |
Order
|
| Subtype |
Status Reports
|
| Description |
This Court's order issued October 25, 2022, directed Respondents to advise the Court every thirty days of the status of the bankruptcy proceedings pending in the United States Bankruptcy Court for the Southern District of Florida. Respondents shall file a status report on or before July 14, 2023, and every thirty days thereafter.
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| View |
View File
|
|
| Docket Date |
2023-04-04
|
| Type |
Order
|
| Subtype |
Counsel Withdrawal Based on Conflict
|
| Description |
The motion to withdraw as attorney of record for is granted and Cole, Scott & Kissane, P.A. is hereby allowed to withdraw as counsel for respondents.
|
| View |
View File
|
|
| Docket Date |
2022-10-25
|
| Type |
Order
|
| Subtype |
Stay Proceedings FSC (Bankruptcy)
|
| Description |
ORDER-STAY PROCEEDINGS FSC (BANKRUPTCY) ~ Upon consideration of Respondent's Notice of Filing Suggestion of Bankruptcy, it is ordered that the proceedings in this Court are hereby stayed pending the disposition of Case No. 22-17842-PDR, which is now pending in the United States Bankruptcy Court for the Southern District of Florida.Counsel is to advise this Court thirty days from the date of this order, and every thirty days thereafter, of the status of the bankruptcy proceedings which is now pending in the United States Bankruptcy Court for the Southern District of Florida. Notwithstanding the foregoing, counsel shall advise this Court of the conclusion of the bankruptcy proceedings within ten days from the date of the disposition.
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| View |
View File
|
|
| Docket Date |
2022-10-12
|
| Type |
Notice
|
| Subtype |
Filing
|
| Description |
NOTICE-FILING ~ RESPONDENT'S NOTICE OF FILING SUGGESTION OF BANKRUPTCY
|
| On Behalf Of |
Vital Pharmaceuticals, Inc.
|
| View |
View File
|
|
| Docket Date |
2022-10-06
|
| Type |
Notice
|
| Subtype |
Appearance
|
| Description |
NOTICE-APPEARANCE
|
| On Behalf Of |
Vital Pharmaceuticals, Inc.
|
| View |
View File
|
|
| Docket Date |
2022-10-04
|
| Type |
Event
|
| Subtype |
Fee Paid Through Portal
|
| Description |
Fee Paid Through Portal
|
|
| Docket Date |
2022-10-04
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
PAY CASE FILING FEE-300
|
| On Behalf Of |
Marc J. Kesten
|
| View |
View File
|
|
| Docket Date |
2022-10-03
|
| Type |
Brief
|
| Subtype |
Juris Initial
|
| Description |
JURIS INITIAL BRIEF
|
| On Behalf Of |
Marc J. Kesten
|
| View |
View File
|
|
| Docket Date |
2022-09-30
|
| Type |
Order
|
| Subtype |
Filing Fee Due
|
| Description |
ORDER-FILING FEE DUE ~ The jurisdiction of this Court was invoked by the filing of a Notice to Invoke Discretionary Jurisdiction in the lower tribunal; however, said notice was not accompanied by the $300.00 filing fee or an order of insolvency from the district court of appeal as required by Florida Rules of Appellate Procedure 9.110(b) and 9.120(b). The filing fee is due and payable at the time of filing the notice. Petitioner is allowed to and including November 2, 2022, in which to submit the filing fee, or an order of insolvency, or a proper motion for leave to proceed in forma pauperis that complies with sections 57.081 and 57.082, Florida Statutes. Failure to submit the filing fee or one of the above referenced documents to this Court could result in the imposition of sanctions, including dismissal of the notice. Please understand that once this case is dismissed, it is not subject to reinstatement.
|
| View |
View File
|
|
| Docket Date |
2022-09-23
|
| Type |
Letter-Case
|
| Subtype |
Acknowledgment Letter-New Case
|
| Description |
ACKNOWLEDGMENT LETTER-NEW CASE
|
| View |
View File
|
|
| Docket Date |
2022-09-22
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-09-22
|
| Type |
Notice
|
| Subtype |
Invoke Discretionary Jurisdiction
|
| Description |
NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT)
|
| On Behalf Of |
Marc J. Kesten
|
| View |
View File
|
|
|
|
Vital Pharmaceuticals, Inc., etc., et al., Appellant(s), v. Marc J. Kesten, Appellee(s).
|
3D2022-0582
|
2022-04-05
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
20-21163
|
Parties
| Name |
VITAL PHARMACEUTICALS, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Jeffrey Rynor, Loren H. Cohen, Steven Roger Adamsky
|
|
| Name |
John H. Owoc
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Oliver Max Birman, Paul Dewey Turner, Benjamin Lawrence Reiss, David Robbins
|
|
| Name |
Marc J. Kesten
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Alejandro Brito, Lawrence Jeff Shapiro, Cecilia Sofia Miranda
|
|
| Name |
Hon. Maria de Jesus Santovenia
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-04-19
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Order
|
| Description |
Supreme Court Order
|
|
| Docket Date |
2024-04-03
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp. w/o Mandate
|
|
| Docket Date |
2024-04-03
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-04-03
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
IT IS HEREBY ORDERED that the parties' Joint Stipulation for Dismissal is recognized by the Court, and this appeal from the Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County, Florida, is hereby dismissed.
|
| View |
View File
|
|
| Docket Date |
2024-03-25
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Joint Stipulation for Dismissal
|
| On Behalf Of |
John H. Owoc
|
|
| Docket Date |
2023-12-19
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Vital Pharmaceuticals, Inc.
|
|
| Docket Date |
2023-12-19
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Appellant Status Report Regarding the Lifting of the Stay in Bankruptcy and Entry of an Injunction that Precludes Appellee from Advancing this Case Pursuant to the Plan of Confirmation
|
| On Behalf Of |
Vital Pharmaceuticals, Inc.
|
|
| Docket Date |
2023-04-18
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
Motion to Withdraw Granted (OG44) ~ The Motion for Leave to Withdraw as Counsel is granted, and the law firm of Cole, Scott & Kissane, P.A., and Scott A. Cole, Esquire, are withdrawn as counsel for Appellants, and relieved from any further responsibility in this cause.
|
|
| Docket Date |
2023-04-14
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER (OR999) ~ Cole, Scott & Kissane, P.A.’s Notice of Filing the Florida Supreme Court’s April 4, 2023, Order, Granting the Motion to Withdraw as Counsel of Record is noted. Should counsel for Appellants wish to withdraw in this appeal, counsel must file a motion that complies with the requirements of the Florida Rules of Appellate Procedure and the Florida Rule of General Practice and Judicial Administration.
|
|
| Docket Date |
2023-04-14
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel ~ COUNSEL FOR APPELLANTS', VITAL PHARMACEUTICALS, INC.AND JOHN H. OWOC, MOTION TO WITHDRAW AS COUNSEL
|
| On Behalf Of |
Vital Pharmaceuticals, Inc.
|
|
| Docket Date |
2023-04-11
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ COLE, SCOTT & KISSANE, P.A.'S NOTICE OF FILING THE FLORIDA SUPREME COURT'S APRIL 4, 2023 ORDER GRANTING ITS MOTION TO WITHDRAW AS COUNSEL OF RECORD FOR RESPONDENTS
|
| On Behalf Of |
Vital Pharmaceuticals, Inc.
|
|
| Docket Date |
2023-01-12
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ APPELLANTS' NOTICE OF FILING TRIAL COURTORDER DENYING DEFENDANT, VITAL PHARMACEUTICALS,INC.'S, AMENDED MOTION TO EXTEND STAY TODEFENDANT, JOHN H. OWOC, PENDING RESOLUTION OF ITSBANKRUPTCY PROCEEDING
|
| On Behalf Of |
Vital Pharmaceuticals, Inc.
|
|
| Docket Date |
2022-10-25
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Opinion
|
| Description |
Supreme Court Disposition ~ Upon consideration of Respondent’s Notice of FilingSuggestion of Bankruptcy, it is ordered that the proceedings in thisCourt are hereby stayed pending the disposition of Case No. 22-17842-PDR, which is now pending in the United States BankruptcyCourt for the Southern District of Florida.Counsel is to advise this Court thirty days from the date ofthis order, and every thirty days thereafter, of the status of thebankruptcy proceedings which is now pending in the United StatesBankruptcy Court for the Southern District of Florida.Notwithstanding the foregoing, counsel shall advise this Court ofthe conclusion of the bankruptcy proceedings within ten days fromthe date of the disposition.
|
|
| Docket Date |
2022-10-12
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ APPELLANT'S NOTICE OF FILING SUGGESTION OF BANKRUPTCY
|
| On Behalf Of |
Vital Pharmaceuticals, Inc.
|
|
| Docket Date |
2022-10-04
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Stay Granted (OG26) ~ Upon consideration of Appellee's Motion for Extension of Time to File Answer Brief and stay the appellate proceeding, the request to stay the appellate proceedings is granted. The appellate proceedings are hereby stayed pending further order of this Court. The parties are hereby ordered to file a notice with the Third District Court of Appeal Clerk of Court within ten (10) days of the Florida Supreme Court's determination of accepting or declining jurisdiction. LOGUE, HENDON and GORDO, JJ., concur.
|
|
| Docket Date |
2022-09-30
|
| 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 |
Marc J. Kesten
|
|
| Docket Date |
2022-09-26
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Marc J. Kesten
|
|
| Docket Date |
2022-09-23
|
| Type |
Supreme Court
|
| Subtype |
Acknowledged Receipt from Supreme Court
|
| Description |
Acknowledged Receipt from Supreme Court
|
|
| Docket Date |
2022-09-23
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ AB-7 days to 9/29/2022
|
|
| Docket Date |
2022-09-22
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
NOTICE OF DISCRETN. JURISDICTN ~ PETITIONER'S NOTICE TO INVOKE DISCRETIONARY JURISDICTION
|
|
| Docket Date |
2022-09-22
|
| Type |
Supreme Court
|
| Subtype |
Notice to Invok. Disc. Jur. FSC
|
| Description |
Notice of Discretional Jurisdiction to Supreme Court
|
| On Behalf Of |
Marc J. Kesten
|
|
| Docket Date |
2022-09-22
|
| 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 |
Marc J. Kesten
|
|
| Docket Date |
2022-09-08
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Clerk's notice granting eot (CLKEX) ~ AB-15 days to 9/22/2022
|
|
| Docket Date |
2022-09-07
|
| 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 |
Marc J. Kesten
|
|
| Docket Date |
2022-08-24
|
| Type |
Opinion
|
| Subtype |
Non-dispositive
|
| Description |
Non-dispositive - Authored Opinion ~ On Motion to Dismiss
|
|
| Docket Date |
2022-08-08
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER (OR999) ~ Appellants’ Response to Appellee’s Notice of Supplemental Authority is noted. The request to strike the Notice of Supplemental Authority is hereby denied. LOGUE, HENDON and GORDO, JJ., concur.
|
|
| Docket Date |
2022-07-20
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANTS' RESPONSE TO APPELLEE'S NOTICE OFSUPPLEMENTAL AUTHORITY
|
| On Behalf Of |
Vital Pharmaceuticals, Inc.
|
|
| Docket Date |
2022-07-15
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
Marc J. Kesten
|
|
| Docket Date |
2022-06-13
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANTS' RESPONSE TO APPELLEE'S MOTION TO DISMISS
|
| On Behalf Of |
Vital Pharmaceuticals, Inc.
|
|
| Docket Date |
2022-05-31
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss ~ *See Opinion issued 8/24/22
|
| On Behalf Of |
Marc J. Kesten
|
|
| Docket Date |
2022-05-26
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Marc J. Kesten
|
|
| Docket Date |
2022-05-26
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Clerk's notice granting eot (CLKEX) ~ AB-20 days to 6/14/2022
|
|
| Docket Date |
2022-05-26
|
| 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 |
Marc J. Kesten
|
|
| Docket Date |
2022-04-26
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ APPENDIX TO INITIAL BRIEF OF APPELLANTS, VITALPHARMACEUTICALS, INC., d/b/a BANG ENERGY, a Floridacorporation, and JOHN H. OWOC, an individualVOLUME II - CONFIDENTIAL DOCUMENTS
|
| On Behalf Of |
Vital Pharmaceuticals, Inc.
|
|
| Docket Date |
2022-04-26
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ APPELLANTS' NOTICE OF CONFIDENTIALINFORMATION WITHIN COURT FILING
|
| On Behalf Of |
Vital Pharmaceuticals, Inc.
|
|
| Docket Date |
2022-04-26
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Vital Pharmaceuticals, Inc.
|
|
| Docket Date |
2022-04-18
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB-7 days to 4/26/2022
|
|
| Docket Date |
2022-04-18
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ APPELLANTS' UNOPPOSED MOTION FOR 7-DAY EXTENSIONOF TIME TO SERVE INITIAL BRIEF AND APPENDIX
|
| On Behalf Of |
Vital Pharmaceuticals, Inc.
|
|
| Docket Date |
2022-04-05
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Vital Pharmaceuticals, Inc.
|
|
| Docket Date |
2022-04-05
|
| Type |
Notice
|
| Subtype |
Notice of Appeal Transmittal Form
|
| Description |
Notice of Transmittal--NOA
|
| On Behalf Of |
Marc J. Kesten
|
|
| Docket Date |
2022-04-05
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. **The $300 filing fee for an appeal is due.
|
|
|
|
CHERYL OHEL VS VITAL PHARMACEUTICALS, INC.
|
SC2022-0259
|
2022-02-24
|
Closed
|
|
| Classification |
Original Proceedings - Writ - Prohibition
|
| Court |
Supreme Court of Florida
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
062018CA007709AXXXCE
|
Parties
| Name |
Cheryl Ohel
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Allyson Morgado, Chris Kleppin
|
|
| Name |
VITAL PHARMACEUTICALS, INC.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Thomas L. Hunker, Scott A. Cole, Kevin M. DeMatteo
|
|
| Name |
Hon. Keathan B. Frink
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Hon. Brenda D. Forman
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-04-12
|
| Type |
Disposition
|
| Subtype |
Deny/Dismiss in Part
|
| Description |
DISP-DENY/DISMISS IN PART ~ Petitioner has filed a petition for writ of prohibition with the Court. To the extent Petitioner seeks a writ of prohibition, the petition is denied. See Mandico v. Taos Constr., Inc., 605 So. 2d 850 (Fla. 1992); English v. McCrary, 348 So. 2d 293 (Fla. 1977). To the extent Petitioner seeks a writ of mandamus, the petition is dismissed. See Mathews v. Crews, 132 So. 3d 776 (Fla. 2014). To the extent Petitioner seeks to invoke the Court's all writs jurisdiction, the petition is dismissed for lack of jurisdiction. See Williams v. State, 913 So. 2d 541, 543-44 (Fla. 2005); St. Paul Title Ins. Corp. v. Davis, 392 So. 2d 1304, 1305 (Fla. 1980). Respondent's motion to dismiss is denied as moot. Any other motions or other requests for relief are denied. No rehearing will be entertained by this Court.
|
| View |
View File
|
|
| Docket Date |
2022-03-24
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ PETITIONER'S RESPONSE TO RESPONDENT'S MOTION TO DISMISS PETITION
|
| On Behalf Of |
Cheryl Ohel
|
| View |
View File
|
|
| Docket Date |
2022-03-09
|
| Type |
Notice
|
| Subtype |
Appearance
|
| Description |
NOTICE-APPEARANCE
|
| On Behalf Of |
Vital Pharmaceuticals, Inc.
|
| View |
View File
|
|
| Docket Date |
2022-03-09
|
| Type |
Motion
|
| Subtype |
Appendix
|
| Description |
APPENDIX-MOTION ~ APPENDIX TO RESPONDENT'S MOTION TO DISMISS PETITION
|
| On Behalf Of |
Vital Pharmaceuticals, Inc.
|
| View |
View File
|
|
| Docket Date |
2022-03-08
|
| Type |
Notice
|
| Subtype |
Supplemental Authority
|
| Description |
NOTICE-SUPPLEMENTAL AUTHORITY
|
| On Behalf Of |
Cheryl Ohel
|
| View |
View File
|
|
| Docket Date |
2022-02-28
|
| Type |
Notice
|
| Subtype |
Supplemental Authority
|
| Description |
NOTICE-SUPPLEMENTAL AUTHORITY ~ Petitioner's Notice of Supplemental Decision by the Lower Tribunal on February 25, 2022
|
| On Behalf Of |
Cheryl Ohel
|
| View |
View File
|
|
| Docket Date |
2022-02-24
|
| Type |
Event
|
| Subtype |
Fee Paid Through Portal
|
| Description |
Fee Paid Through Portal
|
|
| Docket Date |
2022-02-24
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-02-24
|
| Type |
Letter-Case
|
| Subtype |
Acknowledgment Letter-New Case
|
| Description |
ACKNOWLEDGMENT LETTER-NEW CASE
|
| View |
View File
|
|
| Docket Date |
2022-02-24
|
| Type |
Petition
|
| Subtype |
Appendix
|
| Description |
APPENDIX-PETITION
|
| On Behalf Of |
Cheryl Ohel
|
| View |
View File
|
|
|
|
VITAL PHARMACEUTICALS, INC. VS MONSTER ENERGY COMPANY
|
4D2021-2191
|
2021-07-22
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE21-003956
|
Parties
| Name |
VITAL PHARMACEUTICALS, INC.
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Andrew Schindler
|
|
| Name |
MONSTER ENERGY COMPANY
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Brian Stack
|
|
| Name |
Hon. Keathan B. Frink
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-10-28
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit ~ OF NON-PAYMENT OF APPEAL INVOICE
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2021-10-04
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-Moot ~ ORDERED that appellant's September 24, 2021 motion is determined to be moot.
|
|
| Docket Date |
2021-10-01
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the October 1, 2021 notice of voluntary dismissal, this case is dismissed.
|
|
| Docket Date |
2021-10-01
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2021-10-01
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
Vital Pharmaceuticals, Inc.
|
|
| Docket Date |
2021-09-30
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellant's September 29, 2021 notice 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.
|
|
| Docket Date |
2021-09-29
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal ~ **STRICKEN**
|
| On Behalf Of |
Vital Pharmaceuticals, Inc.
|
|
| Docket Date |
2021-09-27
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR CLARIFICATION AND FOR EXTENSION
|
| On Behalf Of |
Monster Energy Company
|
|
| Docket Date |
2021-09-24
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ ***SEE CORRECTED MOTION
|
| On Behalf Of |
Vital Pharmaceuticals, Inc.
|
|
| Docket Date |
2021-08-24
|
| Type |
Order
|
| Subtype |
Order Reclassifying Case
|
| Description |
ORD-Writ Treated as NOA ~ ORDERED that petitioner’s motion to redesignate this case as a final appeal is granted. This case is redesignated as an appeal from a final order. See Fla. House of Representatives v. Expedia, Inc., 85 So. 3d 517, 520-21 (Fla. 1st DCA 2012); Varela v. OLA Condo. Ass'n, Inc., 279 So. 3d 266, 267 n.1 (Fla. 3d DCA 2019). Appellant may file directions to the clerk under Florida Rule of Appellate Procedure 9.200(a)(2) within ten (10) days from the date of this order, and appellee may file directions for additional documents and exhibits within ten (10) days after the appellant’s filing of directions to the clerk. The times for preparing the record on appeal, serving the index to the record on appeal, and for service of briefs are extended correspondingly.
|
|
| Docket Date |
2021-08-20
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ TO REDESIGNATE APPEAL TO APPEAL OF FINAL ORDER, OR, ALTERNATIVE MOTION FOR EXTENSION OF TIME TO FILE PETITION AND APPENDIX
|
| On Behalf Of |
Vital Pharmaceuticals, Inc.
|
|
| Docket Date |
2021-08-17
|
| Type |
Order
|
| Subtype |
Order on Motion for Reinstatement
|
| Description |
ORD-Reinstatement ~ ORDERED that petitioner's August 16, 2021 motion for reinstatement is granted, and the above-styled petition is reinstated.
|
|
| Docket Date |
2021-08-16
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that petitioner's August 13, 2021 motion to reinstate 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.
|
|
| Docket Date |
2021-08-16
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Reinstatement
|
| Description |
Motion For Reinstatement
|
| On Behalf Of |
Vital Pharmaceuticals, Inc.
|
|
| Docket Date |
2021-08-11
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismiss-No Filing Fee ~ ORDERED sua sponte that the above-styled appeal is dismissed for non-payment of the $300.00 filing fee.
|
|
| Docket Date |
2021-08-11
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2021-08-11
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Vital Pharmaceuticals, Inc.
|
|
| Docket Date |
2021-08-11
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Reinstatement
|
| Description |
Motion For Reinstatement
|
| On Behalf Of |
Vital Pharmaceuticals, Inc.
|
|
| Docket Date |
2021-08-04
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Writ of Certiorari / Acknowledgment letter ~ ***AMENDED***
|
|
| Docket Date |
2021-08-04
|
| Type |
Order
|
| Subtype |
Order Reclassifying Case
|
| Description |
ORD-NOA Treated as Writ ~ ORDERED that the Notice of Appeal filed with the clerk of the lower tribunal is treated as a Petition for Writ of Certiorari. Petitioner shall file a petition and appendix in compliance with Florida Rule of Appellate Procedure 9.100 within twenty (20) days from the date of this order.
|
|
| Docket Date |
2021-07-23
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2021-07-23
|
| 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 required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes, is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the lower tribunal 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 lower tribunal clerk's determination of indigent status is filed.
|
|
| Docket Date |
2021-07-22
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Vital Pharmaceuticals, Inc.
|
|
| Docket Date |
2021-07-22
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed
|
|
| Docket Date |
2021-07-22
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
|
BANG JETS, LLC and VITAL PHARMACEUTICALS, INC. VS GULFSTREAM AEROSPACE CORPORATION and EXPERT AVIATION, INC.
|
4D2021-1621
|
2021-05-17
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE20-013100
|
Parties
| Name |
VITAL PHARMACEUTICALS, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
BANG JETS, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Joseph T. Kohn, Zachary S. Foster, Stephanie S. Khouri, Mark Bina
|
|
| Name |
EXPERT AVIATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
GULFSTREAM AEROSPACE CORPORATION
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Michael Doornweerd, Debra Klauber, Andrew Merrick, Eugene Keith Pettis, Elena M. Olivieri, Richard J. Zaden
|
|
| Name |
Hon. Jack B. Tuter
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-04-14
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2022-03-25
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-Denying Rehearing ~ ORDERED that the appellants’ February 25, 2022 motion for rehearing and motion for written opinion are denied. A written opinion in this case would not add to the development of law in this area, because it would be limited to its specific facts. The trial court’s rulings are supported by competent substantial evidence, including its evaluation of the credibility of the witnesses. The cases cited by appellant in its motion for rehearing are not factually similar to the present case, and this case does not conflict with either of them.
|
|
| Docket Date |
2022-03-25
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2022-03-14
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Gulfstream Aerospace Corporation
|
|
| Docket Date |
2022-02-25
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing ~ MOTION FOR ISSUANCE OF WRITTEN OPINION
|
| On Behalf Of |
Bang Jets, LLC
|
|
| Docket Date |
2022-02-10
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2022-02-10
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Order Denying Oral Argument ~ ORDERED that appellants’ July 22, 2021 request for oral argument is denied.
|
|
| Docket Date |
2021-10-25
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Bang Jets, LLC
|
|
| Docket Date |
2021-09-24
|
| Type |
Order
|
| Subtype |
Order on Motion to Appear Pro Hac Vice
|
| Description |
Ord-Leave to Appear Pro Hac Vice ~ ORDERED that Michael A. Doornweerd, Elena M. Olivieri and Andrew F. Merrick's September 23, 2021 verified motions for permission to appear pro hac vice are granted, and Michael A. Doornweerd, Elena M. Olivieri and Andrew F. Merrick are permitted to appear in this appeal as counsel for appellee Gulfstream Aerospace Corporation. Michael A. Doornweerd, Elena M. Olivieri and Andrew F. Merrick are advised that this court does not send paper documents to attorneys and they shall register for this court’s eDCA system and the Florida Courts E-Filing Portal within five (5) days from the date of this order.
|
|
| Docket Date |
2021-09-23
|
| Type |
Misc. Events
|
| Subtype |
Pro Hac Vice Fee Paid through Portal
|
| Description |
PRO HAC VICE FEE PAID THROUGH PORTAL ~ ANDREW F. MERRICK
|
| On Behalf Of |
Gulfstream Aerospace Corporation
|
|
| Docket Date |
2021-09-23
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion to Appear Pro Hac Vice
|
| Description |
Mot. to appear pro hac vice ~ ELENA M. OLIVIERI
|
| On Behalf Of |
Gulfstream Aerospace Corporation
|
|
| Docket Date |
2021-09-23
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ GULFSTREAM AEROSPACE CORPORATION
|
| On Behalf Of |
Gulfstream Aerospace Corporation
|
|
| Docket Date |
2021-05-18
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2021-05-17
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2021-08-23
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee Gulfstream Aerospace Corporation's August 20, 2021 motion for extension of time is granted, and appellee shall serve the answer brief on or before September 23, 2021. In addition, appellee is notified that the failure to serve the brief within the time provided herein may foreclose appellee's right to file a brief or otherwise participate in this appeal.
|
|
| Docket Date |
2021-08-20
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ GULFSTREAM AEROSPACE CORPORATION
|
| On Behalf Of |
Gulfstream Aerospace Corporation
|
|
| Docket Date |
2021-07-22
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
Bang Jets, LLC
|
|
| Docket Date |
2021-07-22
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Bang Jets, LLC
|
|
| Docket Date |
2021-07-22
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Bang Jets, LLC
|
|
| Docket Date |
2021-07-02
|
| 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 |
Bang Jets, LLC
|
|
| Docket Date |
2021-07-02
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants’ July 2, 2021 motion for extension of time is granted, and appellants shall serve the initial brief and appendix within twenty (20) days from the date of this order. 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 |
2021-06-02
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants’ June 1, 2021 motion for extension of time is granted, and appellants shall serve the initial brief and appendix within thirty (30) days from the date of this order. 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 |
2021-06-01
|
| 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 |
Bang Jets, LLC
|
|
| Docket Date |
2021-05-20
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Gulfstream Aerospace Corporation
|
|
| Docket Date |
2021-05-19
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that Debra P. Klauber’s May 18, 2021 notice of appearance 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.
|
|
| Docket Date |
2021-05-18
|
| 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 required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes, is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the lower tribunal 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 lower tribunal clerk's determination of indigent status is filed.
|
|
| Docket Date |
2021-05-18
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ **STRICKEN**
|
| On Behalf Of |
Gulfstream Aerospace Corporation
|
|
| Docket Date |
2021-05-18
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Bang Jets, LLC
|
|
| Docket Date |
2021-05-17
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Bang Jets, LLC
|
|
|
|
CHERYL OHEL VS VITAL PHARMACEUTICALS, INC.
|
4D2021-0813
|
2021-02-16
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
18-007709
|
Parties
| Name |
Cheryl Ohel
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Allyson Morgado, Chris Kleppin
|
|
| Name |
Hon. Keathan B. Frink
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
VITAL PHARMACEUTICALS, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Kevin Michael DeMatteo, Scott A. Bassman, Matthew Alexander Green, Thomas Lee Hunker, Scott A. Cole
|
|
Docket Entries
| Docket Date |
2022-01-07
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2021-12-15
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-12-15
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing En Banc
|
| Description |
Order Denying Rehearing En Banc ~ ORDERED that appellant's November 5, 2021 motion for rehearing en banc, written opinion, clarification, and certification is denied.
|
|
| Docket Date |
2021-11-22
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR WRITTEN OPINION, CLARIFICATION, REHEARING EN BANC AND CERTIFICATION
|
| On Behalf Of |
Vital Pharmaceuticals, Inc.
|
|
| Docket Date |
2021-11-05
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing En Banc
|
| Description |
Motion For Rehearing EN BANC ~ MOTION FOR WRITTEN OPINION, CLARIFICATION, REHEARING EN BANC AND CERTIFICATION
|
| On Behalf Of |
Cheryl Ohel
|
|
| Docket Date |
2021-10-21
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Order Denying Oral Argument ~ ORDERED that appellant’s August 6, 2021 request for oral argument is denied.
|
|
| Docket Date |
2021-09-09
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO APPELLEE'S MOTION TO STRIKE
|
| On Behalf Of |
Cheryl Ohel
|
|
| Docket Date |
2021-10-21
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2021-08-30
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response ~ TO APPELLEE'S MOTION TO STRIKE
|
| On Behalf Of |
Cheryl Ohel
|
|
| Docket Date |
2021-08-23
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR ATTORNEYS' FEES
|
| On Behalf Of |
Cheryl Ohel
|
|
| Docket Date |
2021-08-13
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike ~ APPELLANT'S REPLY BRIEF AND APPENDIX
|
| On Behalf Of |
Vital Pharmaceuticals, Inc.
|
|
| Docket Date |
2021-08-06
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Cheryl Ohel
|
|
| Docket Date |
2021-08-06
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ **RESPONSE FILED 08/23/2021**
|
| On Behalf Of |
Vital Pharmaceuticals, Inc.
|
|
| Docket Date |
2021-07-21
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order Granting EOT for Appellant's Reply Brief ~ ORDERED that appellant's July 20, 2021 motion for extension of time is granted, and appellant shall serve the reply brief on or before August 6, 2021. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
|
| Docket Date |
2021-07-01
|
| 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 |
Cheryl Ohel
|
|
| Docket Date |
2021-07-01
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order Granting EOT for Appellant's Reply Brief ~ ORDERED that appellant's July 1, 2021 motion for extension of time is granted, and appellant shall serve the reply brief on or before July 22, 2021. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
|
| Docket Date |
2021-06-08
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ CORRECTED
|
| On Behalf Of |
Vital Pharmaceuticals, Inc.
|
|
| Docket Date |
2021-06-08
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Vital Pharmaceuticals, Inc.
|
|
| Docket Date |
2021-06-07
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Vital Pharmaceuticals, Inc.
|
|
| Docket Date |
2021-06-07
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ **STRICKEN**
|
| On Behalf Of |
Vital Pharmaceuticals, Inc.
|
|
| Docket Date |
2021-06-03
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Vital Pharmaceuticals, Inc.
|
|
| Docket Date |
2021-05-20
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ AMENDED UNOPPOSED
|
| On Behalf Of |
Vital Pharmaceuticals, Inc.
|
|
| Docket Date |
2021-05-20
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee's May 20, 2021 amended motion for extension of time is granted, and appellee shall serve the answer brief within fourteen (14) days from the current due date. In addition, appellee is notified that the failure to serve the brief within the time provided herein may foreclose appellee's right to file a brief or otherwise participate in this appeal.
|
|
| Docket Date |
2021-05-19
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Vital Pharmaceuticals, Inc.
|
|
| Docket Date |
2021-05-19
|
| 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 |
Vital Pharmaceuticals, Inc.
|
|
| Docket Date |
2021-05-06
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee's May 5, 2021 motion for extension of time is granted, and appellee shall serve the answer brief within fifteen (15) days from the current due date. In addition, appellee is notified that the failure to serve the brief within the time provided herein may foreclose appellee's right to file a brief or otherwise participate in this appeal.
|
|
| Docket Date |
2021-05-05
|
| 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 |
Vital Pharmaceuticals, Inc.
|
|
| Docket Date |
2021-03-31
|
| 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 |
Vital Pharmaceuticals, Inc.
|
|
| Docket Date |
2021-03-31
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee's March 31, 2021 motion for extension of time is granted, and appellee shall serve the answer brief on or before May 7, 2021. In addition, appellee is notified that the failure to serve the brief within the time provided herein may foreclose appellee's right to file a brief or otherwise participate in this appeal.
|
|
| Docket Date |
2021-03-29
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
Cheryl Ohel
|
|
| Docket Date |
2021-03-08
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Cheryl Ohel
|
|
| Docket Date |
2021-03-08
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Cheryl Ohel
|
|
| Docket Date |
2021-02-25
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Vital Pharmaceuticals, Inc.
|
|
| Docket Date |
2021-02-25
|
| 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 February 24, 2021 motion for extension of time is granted, and appellant shall serve the initial brief and appendix on or before March 8, 2021. 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 |
2021-02-24
|
| 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 |
Cheryl Ohel
|
|
| Docket Date |
2021-02-16
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
| On Behalf Of |
Cheryl Ohel
|
|
| Docket Date |
2021-02-16
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Cheryl Ohel
|
|
| Docket Date |
2021-02-16
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2021-09-01
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT to file Response ~ ORDERED that appellant's motion for extension of time to file a response to appellee's motion to strike is granted. The time for filing a response is extended to September 9, 2021.
|
|
| Docket Date |
2021-08-06
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Cheryl Ohel
|
|
| Docket Date |
2021-08-06
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
Cheryl Ohel
|
|
| Docket Date |
2021-07-20
|
| 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 |
Cheryl Ohel
|
|
| Docket Date |
2021-06-08
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that appellee's 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 paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index, and contains bookmarks which are not in compliance with 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 |
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.
|
|
|
|
VITAL PHARMACEUTICALS, INC. VS CHERYL OHEL
|
4D2020-1407
|
2020-06-18
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE18-007709
|
Parties
| Name |
VITAL PHARMACEUTICALS, INC.
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Alexandra Valdes, Lissette M. Gonzalez
|
|
| Name |
Cheryl Ohel
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Chris Kleppin, Allyson Morgado
|
|
| Name |
Hon. Keathan B. Frink
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-12-18
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2020-12-18
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2020-12-02
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-Denying Rehearing ~ ORDERED that respondent's October 29, 2020 motion for rehearing and certification is denied.
|
|
| Docket Date |
2020-11-30
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR REHEARING
|
| On Behalf Of |
Vital Pharmaceuticals, Inc.
|
|
| Docket Date |
2020-11-12
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response ~ TO RESPONDENT'S MOTION FOR REHEARING AND TO CERTIFY A QUESTION OF GREAT IMPORTANCE
|
| On Behalf Of |
Vital Pharmaceuticals, Inc.
|
|
| Docket Date |
2020-11-12
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT to file Response ~ ORDERED that petitioner's November 12, 2020 motion for extension of time is granted. The time for filing a response to the motion for rehearing is extended fifteen (15) days from the date of this order.
|
|
| Docket Date |
2020-10-29
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing
|
| On Behalf Of |
Cheryl Ohel
|
|
| Docket Date |
2020-10-16
|
| Type |
Order
|
| Subtype |
Order on Motion To Strike
|
| Description |
Deny Motion to Strike ~ ORDERED that petitioner's October 12, 2020 motion to strike is denied.
|
|
| Docket Date |
2020-10-14
|
| Type |
Disposition
|
| Subtype |
Granted
|
| Description |
Granted - Per Curiam Opinion
|
|
| Docket Date |
2020-10-12
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike ~ RESPONDENT'S NOTICE OF SUPPLEMENTAL AUTHORITY
|
| On Behalf Of |
Vital Pharmaceuticals, Inc.
|
|
| Docket Date |
2020-10-09
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
Cheryl Ohel
|
|
| Docket Date |
2020-08-25
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Response
|
| On Behalf Of |
Vital Pharmaceuticals, Inc.
|
|
| Docket Date |
2020-08-21
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Reply to Response
|
| Description |
Grant EOT to Reply to Response ~ ORDERED that petitioner's August 20, 2020 motion for extension of time is granted. The time for filing a reply is extended seven (7) days from the date of this order.
|
|
| Docket Date |
2020-08-20
|
| Type |
Motions Extensions
|
| Subtype |
Motion Extension of Time To Reply To Response
|
| Description |
Motion Extension of TimeTo Reply To Response
|
| On Behalf Of |
Vital Pharmaceuticals, Inc.
|
|
| Docket Date |
2020-08-10
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause
|
| On Behalf Of |
Cheryl Ohel
|
|
| Docket Date |
2020-08-10
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
Cheryl Ohel
|
|
| Docket Date |
2020-07-22
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT to file Response ~ ORDERED that respondent's July 16, 2020 motion for extension of time is granted, and the time for filing a response is extended to and including August 10, 2020. Petitioner may file a reply within ten (10) days of service of the response.
|
|
| Docket Date |
2020-07-16
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
| On Behalf Of |
Cheryl Ohel
|
|
| Docket Date |
2020-06-29
|
| Type |
Order
|
| Subtype |
Order on Motion For Review
|
| Description |
ORD-Grant Motion for Review ~ ORDERED that petitioner’s June 19, 2020 motion for review is granted. The discovery order at issue is stayed pending the outcome of this proceeding; further, ORDERED that, within twenty (20) days of this order, respondent shall file a response to the petition and show cause why the relief requested should not be granted. Petitioner may file a reply within ten (10) days thereafter.
|
|
| Docket Date |
2020-06-19
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Writ of Certiorari / Acknowledgment letter
|
|
| Docket Date |
2020-06-19
|
| Type |
Motions Other
|
| Subtype |
Motion For Review
|
| Description |
Motion For Review
|
| On Behalf Of |
Vital Pharmaceuticals, Inc.
|
|
| Docket Date |
2020-06-18
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition ~ **Filing Fee Paid Through Portal**
|
|
| Docket Date |
2020-06-18
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2020-06-18
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed ~ **Filing Fee Paid Through Portal**
|
| On Behalf Of |
Vital Pharmaceuticals, Inc.
|
|
|
|
VITAL PHARMACEUTICALS, INC., etc. VS PROFESSIONAL SUPPLEMENTS, LLC.
|
4D2015-1123
|
2015-03-20
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
12-007083 07
|
Parties
| Name |
VITAL PHARMACEUTICALS, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Beverly A. Pohl, CHRISTINA LEHM, MICHAEL J. WEBER
|
|
| Name |
XPX/REDLINE
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
PROFESSIONAL SUPPLEMENTS, LLC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
W. Aaron Daniel, William D. Mueller, Timothy W. Schulz, Elliot B. Kula
|
|
| Name |
Hon. Michael L. Gates
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2017-03-03
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2017-03-03
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2017-02-15
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed - Authored Opinion ~ On Motion for Rehearing
|
|
| Docket Date |
2017-01-18
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ IN OPPOSITION TO MOTION FOR REHEARING, REHEARING EN BANC, AND CERTIFICATION
|
| On Behalf Of |
Vital Pharmaceuticals, Inc.
|
|
| Docket Date |
2017-01-11
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion for Rehearing / Rehearing En Banc ~ *AND* CERTIFICATION
|
| On Behalf Of |
PROFESSIONAL SUPPLEMENTS, LLC.
|
|
| Docket Date |
2016-12-28
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that appellees' December 21, 2016 agreed motion for extension of time is granted, and the time within which to file post-decision motions is extended to and including January 11, 2017.
|
|
| Docket Date |
2016-12-21
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ TO FILE POST-DECISION MOTIONS
|
| On Behalf Of |
PROFESSIONAL SUPPLEMENTS, LLC.
|
|
| Docket Date |
2016-12-07
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney Fees-Prevailing ~ ORDERED that the appellant's August 18, 2015 motion for attorneys' fees is granted conditioned on the trial court determining that appellant is the prevailing party and, if so, setting the amount of the attorneys' fees to be awarded for this appellate case. If a motion for rehearing is filed in this court, then services rendered in connection with the filing of the motion, including but not limited to preparation of a responsive pleading, shall be taken into account in computing the amount of the fee.
|
|
| Docket Date |
2016-12-07
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed - Authored Opinion ~ **OPINION WITHDRAWN 2/15/17**
|
|
| Docket Date |
2016-11-08
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ 4DCA
|
|
| Docket Date |
2016-08-08
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
ORD-Setting Oral Argument ~ This case is set for Oral Argument on November 8, 2016, at 10:00 A.M. for 15 minutes per side. The court calendars can be viewed on this court's website at HYPERLINK "http://www.4dca.org" www.4dca.org. Attorneys not registered with this court¿s eDCA and pro se parties are required to file a "Notice of Receipt of Oral Argument" within ten (10) days from the date of this order, acknowledging they have received this order.
|
|
| Docket Date |
2016-06-06
|
| Type |
Order
|
| Subtype |
Order on Motion For Continuation of Oral Argument
|
| Description |
Grant Continuance of Oral Argument ~ ORDERED that the appellant's June 3, 2016 motion for continuance of oral argument is granted. Oral argument scheduled for June 14, 2016 is cancelled and will be rescheduled for a later date.
|
|
| Docket Date |
2016-06-03
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion For Continuation of Oral Argument
|
| Description |
Motion For Continuation of Oral Argument ~ "EXPEDITED CONSIDERATION REQUESTED"
|
| On Behalf Of |
Vital Pharmaceuticals, Inc.
|
|
| Docket Date |
2016-04-19
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
ORD-Setting Oral Argument ~ This case is set for Oral Argument on June 14, 2016, at 10:00 A.M. for 15 minutes per side. The court calendars can be viewed on this court's website at HYPERLINK "http://www.4dca.org" www.4dca.org. Attorneys not registered with this court¿s eDCA and pro se parties are required to file a "Notice of Receipt of Oral Argument" within ten (10) days from the date of this order, acknowledging they have received this order.
|
|
| Docket Date |
2016-02-04
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Vital Pharmaceuticals, Inc.
|
|
| Docket Date |
2016-01-19
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR ATTORNEY'S FEES
|
| On Behalf Of |
Vital Pharmaceuticals, Inc.
|
|
| Docket Date |
2016-01-11
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
PROFESSIONAL SUPPLEMENTS, LLC.
|
|
| Docket Date |
2016-01-11
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
PROFESSIONAL SUPPLEMENTS, LLC.
|
|
| Docket Date |
2015-12-10
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ 30 DAYS TO 01/11/16
|
| On Behalf Of |
PROFESSIONAL SUPPLEMENTS, LLC.
|
|
| Docket Date |
2015-11-10
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ 30 DAYS TO 12/11/15
|
| On Behalf Of |
PROFESSIONAL SUPPLEMENTS, LLC.
|
|
| Docket Date |
2015-09-04
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
PROFESSIONAL SUPPLEMENTS, LLC.
|
|
| Docket Date |
2015-08-21
|
| Type |
Record
|
| Subtype |
Exhibits
|
| Description |
Received Exhibits
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2015-08-18
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
Vital Pharmaceuticals, Inc.
|
|
| Docket Date |
2015-08-18
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Vital Pharmaceuticals, Inc.
|
|
| Docket Date |
2015-08-18
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Vital Pharmaceuticals, Inc.
|
|
| Docket Date |
2015-08-11
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
ORD-Allowing Attachment to Record ~ ORDERED that the appellant's August 5, 2015 unopposed motion to supplement the record is granted, and the record is supplemented to include the June 18, 2013 transcript of the hearing on entitlement to attorneys¿ fees. Said supplemental record is deemed filed as of the date of this order.
|
|
| Docket Date |
2015-08-11
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ **SEE 8/11/15 ORDER**
|
| On Behalf Of |
Vital Pharmaceuticals, Inc.
|
|
| Docket Date |
2015-08-05
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
Vital Pharmaceuticals, Inc.
|
|
| Docket Date |
2015-07-20
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ 30 days to 08/26/15
|
| On Behalf Of |
Vital Pharmaceuticals, Inc.
|
|
| Docket Date |
2015-07-07
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ FOURTEEN (14) VOLUMES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2015-05-19
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ 60 DAYS TO 07/27/15
|
| On Behalf Of |
Vital Pharmaceuticals, Inc.
|
|
| Docket Date |
2015-05-18
|
| Type |
Order
|
| Subtype |
Order on Motion For Substitution of Counsel
|
| Description |
ORD-Grant Substitution of Counsel ~ ORDERED that pursuant to the stipulation for substitution of counsel filed May 24, 2015, Beverly A. Pohl, Esq., of Broad and Cassel is substituted for Marc Kesten, Esq., and Michael J. Weber, Esq., as counsel for appellant in the above¿styled cause.
|
|
| Docket Date |
2015-04-24
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion For Substitution of Counsel
|
| Description |
Motion For Substitution of Counsel
|
| On Behalf Of |
Vital Pharmaceuticals, Inc.
|
|
| Docket Date |
2015-03-26
|
| Type |
Order
|
| Subtype |
Order to Register/Update eDCA
|
| Description |
Counsel to register with eDCA ~ Be advised that Michael J. Weber and Marc J. Kesten have failed to comply with this Court¿s Administrative Order No. 2013-01, requiring counsel of record to register with the Fourth District Court of Appeal¿s electronic filing system to receive electronic copies of court communications, including but not limited to orders.You are further advised that to receive all communications from this Court in electronic form you must register at www.4dca.org or https://edca.4dca.org.Unless you obtain a hardship waiver of the registration requirement the Clerk of the Court shall cease mailing paper copies of all communications from the Court to you after ten (10) days from the date of this order.Paper copies can be obtained by completing a Copy Request Form located at www.4dca.org.AMERICANS WITH DISABILITIES ACT: If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, the provision of certain assistance. Please contact the Marshal, Daniel DiGiacomo, 4th District Court of Appeal, 1525 Palm Beach Lakes Blvd., West Palm Beach, Florida 33401, telephone (561)242-2000; 1-800-955-8771(TDD): or 1-800-955-8770(V) via Florida Relay Service, at least seven (7) days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than seven (7) days; if you are hearing or voice impaired, call 711.
|
|
| Docket Date |
2015-03-25
|
| 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, 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 the entry of this order. 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. 4DCA 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 |
2015-03-25
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2015-03-20
|
| Type |
Misc. Events
|
| Subtype |
Order Appealed
|
| Description |
**DNU** order appealed
|
|
| Docket Date |
2015-03-20
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Vital Pharmaceuticals, Inc.
|
|
|
|
VITAL PHARMACEUTICALS, INC. VS PROFESSIONAL SUPPLEMENTS, LLC, etc., et al.
|
4D2012-2127
|
2012-06-13
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
12-7083 CACE
|
Parties
| Name |
VITAL PHARMACEUTICALS, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
KALINA PAGANO, Victoria N. Godwin-Reese
|
|
| Name |
MICHAEL GUADAGNO
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
JP LANZA
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PRO SUPPS
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
TJ HUMPHREYS
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
MIKE GUADAGNO
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PROFESSIONAL SUPPLEMENTS, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
JEFFREY A. COHEN (DNU), THOMAS A. DYE, CHRISTOPHER M. SACCO, CHRISTOPHER B CORTS
|
|
| Name |
RONALD GALLAGHER
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
JASON ARNTZ
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
BRIAN IKALINA
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
THOMAS HUMPHREYS
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
WISCONSIN PROFESSIONAL SUPPLEM
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
OFFICIAL PROFESSIONAL SUPPLEME
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
VICTOR LANZA
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PRO SUPPS USA, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Michael L. Gates
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2013-06-24
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed (No Record)
|
|
| Docket Date |
2013-06-07
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2013-05-16
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2013-02-25
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR ATTY'S FEES.
|
|
| Docket Date |
2013-02-19
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
|
| Docket Date |
2013-02-15
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
|
| Docket Date |
2013-02-15
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument ~ AA Lawrence D. Silverman 0007160
|
|
| Docket Date |
2013-02-15
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief ~ (3)
|
|
| Docket Date |
2013-01-22
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ (4) TO ANSWER BRIEF
|
|
| Docket Date |
2013-01-22
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ (4)
|
|
| Docket Date |
2012-12-20
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ 30 DAYS.
|
|
| Docket Date |
2012-12-03
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief
|
|
| Docket Date |
2012-10-18
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ 45 DAYS TO 12/3/12
|
|
| Docket Date |
2012-10-16
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief
|
|
| Docket Date |
2012-09-24
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ (1) TO INITIAL BRIEF
|
|
| Docket Date |
2012-09-24
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ APPENDIX TO INITIAL BRIEF
|
|
| Docket Date |
2012-09-24
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits ~ (2)
|
|
| Docket Date |
2012-09-10
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ 14 DAYS
|
|
| Docket Date |
2012-09-04
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
|
| Docket Date |
2012-09-04
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
|
| Docket Date |
2012-07-19
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ 45 DAYS TO 8/31/12
|
|
| Docket Date |
2012-07-16
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
|
| Docket Date |
2012-07-13
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORD-Granting Consolidation ~ WITH 12-2062.
|
|
| Docket Date |
2012-06-20
|
| Type |
Misc. Events
|
| Subtype |
Docketing Statement
|
| Description |
Docketing Statement ~ AA Victoria N. Godwin
|
|
| Docket Date |
2012-06-15
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ T - 6/25
|
| On Behalf Of |
Vital Pharmaceuticals, Inc.
|
|
| Docket Date |
2012-06-15
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate ~ WITH 12-2062
|
| On Behalf Of |
Vital Pharmaceuticals, Inc.
|
|
| Docket Date |
2012-06-14
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2012-06-13
|
| Type |
Misc. Events
|
| Subtype |
Order Appealed
|
| Description |
**DNU** order appealed
|
|
| Docket Date |
2012-06-13
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Vital Pharmaceuticals, Inc.
|
|
|
|
VITAL PHARMACEUTICALS, INC. VS PROFESSIONAL SUPPLEMENTS, LLC, etc., et al.
|
4D2012-2062
|
2012-06-01
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
12-7083 CACE
|
Parties
| Name |
VITAL PHARMACEUTICALS, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
KALINA PAGANO, Lawrence Dean Silverman, Victoria N. Godwin-Reese
|
|
| Name |
JP LANZA
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
BRIAN IKALINA
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
TJ HUMPHREYS
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PRO SUPPS
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PRO SUPPS USA, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
JASON ARNTZ
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PROFESSIONAL SUPPLEMENTS, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
THOMAS A. DYE, CHRISTOPHER M. SACCO, ELISABETH AMANDA ROMFH, CHRISTOPHER B CORTS, JEFFREY A. COHEN (DNU)
|
|
| Name |
VICTOR LANZA
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
RONALD GALLAGHER
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
WISCONSIN PROFESSIONAL SUPPLEM
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
MIKE GUADAGNO
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
MICHAEL GUADAGNO
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
OFFICIAL PROFESSIONAL SUPPLEME
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
THOMAS HUMPHREYS
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Martin J. Bidwill
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2013-06-24
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed (No Record)
|
|
| Docket Date |
2013-06-07
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2013-06-07
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2013-05-16
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney Fees-Prevailing ~ ORDERED that the appellees Thomas Humphreys, Jason Arntz, Ronald Gallagher, Michael Guadagno, Brian Ikalina and Victor Lanza¿s motion for attorney's fees filed February 19, 2013, is granted conditioned on the trial court determining that appellees Thomas Humphreys, Jason Arntz, Ronald Gallagher, Michael Guadagno, Brian Ikalina and Victor Lanza are the prevailing party and, if so, to set the amount of the attorney's fees to be awarded for this appellate case. If a motion for rehearing is filed in this court, then services rendered in connection therewith, including but not limited to preparation of a responsive pleading, shall be taken into account in computing the amount of the fee; further, ORDERED that the motion for costs filed by Thomas A. Dye, Elisabeth Amanda Romfh and Jeffrey A. Cohen is hereby denied without prejudice to seek costs in the trial court; further, ORDERED that appellant¿s motion filed February 15, 2013, for attorneys¿ fees is hereby denied.
|
|
| Docket Date |
2013-05-16
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2013-04-15
|
| Type |
Order
|
| Subtype |
Order Dispensing with Oral Argument
|
| Description |
ORD-Dispensing Oral Argument ~ After reviewing the briefs, the court, pursuant to Florida Rule of Appellate Procedure 9.320, has dispensed with oral argument. The case will be submitted to a conference by a panel of the court.
|
|
| Docket Date |
2013-02-25
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR ATTY'S FEES.
|
| On Behalf Of |
PROFESSIONAL SUPPLEMENTS, LLC
|
|
| Docket Date |
2013-02-19
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
PROFESSIONAL SUPPLEMENTS, LLC
|
|
| Docket Date |
2013-02-15
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief ~ (3) (ONE COPY FILED 2/18/13)
|
| On Behalf Of |
Vital Pharmaceuticals, Inc.
|
|
| Docket Date |
2013-02-15
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument ~ AA Lawrence D. Silverman 0007160
|
|
| Docket Date |
2013-02-15
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ DENIED; SEE 5-16-13 ORDER
|
| On Behalf Of |
Vital Pharmaceuticals, Inc.
|
|
| Docket Date |
2013-01-22
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ (4)
|
| On Behalf Of |
PROFESSIONAL SUPPLEMENTS, LLC
|
|
| Docket Date |
2013-01-22
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ (4) TO ANSWER BRIEF
|
| On Behalf Of |
PROFESSIONAL SUPPLEMENTS, LLC
|
|
| Docket Date |
2012-12-20
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ 30 DAYS.
|
|
| Docket Date |
2012-12-03
|
| 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 |
PROFESSIONAL SUPPLEMENTS, LLC
|
|
| Docket Date |
2012-10-18
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ 45 DAYS TO 12/3/12
|
|
| Docket Date |
2012-10-16
|
| 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 |
PROFESSIONAL SUPPLEMENTS, LLC
|
|
| Docket Date |
2012-09-24
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits ~ (2) (2 COPIES FILED 9/28/12)
|
| On Behalf Of |
Vital Pharmaceuticals, Inc.
|
|
| Docket Date |
2012-09-24
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ (1) TO INITIAL BRIEF
|
| On Behalf Of |
Vital Pharmaceuticals, Inc.
|
|
| Docket Date |
2012-09-24
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ APPENDIX TO INITIAL BRIEF
|
| On Behalf Of |
Vital Pharmaceuticals, Inc.
|
|
| Docket Date |
2012-09-10
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ 14 DAYS
|
|
| Docket Date |
2012-09-04
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Vital Pharmaceuticals, Inc.
|
|
| Docket Date |
2012-09-04
|
| 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 |
Vital Pharmaceuticals, Inc.
|
|
| Docket Date |
2012-07-19
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ 45 DAYS TO 8/31/12
|
|
| Docket Date |
2012-07-16
|
| 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 |
Vital Pharmaceuticals, Inc.
|
|
| Docket Date |
2012-07-13
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORD-Granting Consolidation ~ WITH 12-2127.
|
|
| Docket Date |
2012-06-20
|
| Type |
Misc. Events
|
| Subtype |
Docketing Statement
|
| Description |
Docketing Statement ~ AA Victoria N. Godwin
|
|
| Docket Date |
2012-06-15
|
| Type |
Misc. Events
|
| Subtype |
Order Appealed
|
| Description |
**DNU** order appealed ~ UNDERLYING ORDER (ATTACHED TO MOT/EXT. OF TIME)
|
|
| Docket Date |
2012-06-15
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ T -
|
| On Behalf Of |
Vital Pharmaceuticals, Inc.
|
|
| Docket Date |
2012-06-15
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate ~ WITH 12-2127 T -
|
| On Behalf Of |
Vital Pharmaceuticals, Inc.
|
|
| Docket Date |
2012-06-11
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ AND CHRISTOPHER B. CORTS
|
| On Behalf Of |
PROFESSIONAL SUPPLEMENTS, LLC
|
|
| Docket Date |
2012-06-11
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| Description |
Aplnt to file underlying order being appealed
|
|
| Docket Date |
2012-06-08
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2012-06-01
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2012-06-01
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Vital Pharmaceuticals, Inc.
|
|
|
