| Docket Date |
2019-05-20
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ /CROSS-INITIAL BRIEF
|
| On Behalf Of |
SUSAN LETTERMAN
|
|
| Docket Date |
2020-01-14
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2020-01-14
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Grant Voluntary Dismissal (Joint) ~ At the request of the parties, this case is dismissed. Further, ORDERED that appellant National Truck Center, Inc.’s July 19, 2019 motion for attorney’s fees is determined to be moot. Further, ORDERED that appellees’ May 20, 2019 motion for attorney’s fees is determined to be moot.
|
|
| Docket Date |
2020-01-08
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal ~ STIPULATION
|
| On Behalf Of |
NATIONAL TRUCK CENTER, INC.
|
|
| Docket Date |
2019-11-19
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ 4DCA
|
|
| Docket Date |
2019-11-14
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED that the oral argument scheduled for Tuesday November 19, 2019, is cancelled.
|
|
| Docket Date |
2019-04-05
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
ORD-Allowing Attachment to Record ~ ORDERED that the appellant's April 4, 2019 motion to supplement the record is granted, and the record is supplemented to include the order denying National Truck Center, Inc.’s motion for remittitur. Said supplemental record is deemed filed as of the date of this order.
|
|
| Docket Date |
2019-04-05
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ (5 PAGES)
|
| On Behalf Of |
NATIONAL TRUCK CENTER, INC.
|
|
| Docket Date |
2019-04-04
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
NATIONAL TRUCK CENTER, INC.
|
|
| Docket Date |
2019-04-04
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
NATIONAL TRUCK CENTER, INC.
|
|
| Docket Date |
2019-11-13
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF SETTLEMENT
|
| On Behalf Of |
NATIONAL TRUCK CENTER, INC.
|
|
| Docket Date |
2019-10-30
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion ~ ORDERED that appellant's October 22, 2019 "motion on behalf of the Palm Beach Clerk to file the record in No. 4D18-3041 in this appeal" is granted, and the clerk of the lower tribunal may file the record on appeal from case number 4D18-3041 in the above-styled appeal within the time provided by Florida Rule of Appellate Procedure 9.110(e).
|
|
| Docket Date |
2019-10-28
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
SUSAN LETTERMAN
|
|
| Docket Date |
2019-09-16
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
ORD-Setting Oral Argument ~ This case is set for Oral Argument on November 19, 2019, at 10:30 A.M. for 20 minutes per side. The parties are advised that the oral argument will occur at the new Fourth District Court of Appeal Courthouse at 110 S. Tamarind Avenue, West Palm Beach, FL 33401. 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 |
2019-08-13
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that the appellee/cross-appellant’s appendix to the reply 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 text searchable, and was not paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index. 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 |
2019-08-13
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ AMENDED
|
| On Behalf Of |
SUSAN LETTERMAN
|
|
| Docket Date |
2019-08-12
|
| Type |
Brief
|
| Subtype |
Cross-Reply Brief
|
| Description |
Appellee/Cross-Appellant's Reply Brief
|
| On Behalf Of |
SUSAN LETTERMAN
|
|
| Docket Date |
2019-08-09
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
SUSAN LETTERMAN
|
|
| Docket Date |
2019-07-19
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
NATIONAL TRUCK CENTER, INC.
|
|
| Docket Date |
2019-07-19
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
NATIONAL TRUCK CENTER, INC.
|
|
| Docket Date |
2019-07-19
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
NATIONAL TRUCK CENTER, INC.
|
|
| Docket Date |
2019-07-19
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief ~ /CROSS-ANSWER BRIEF
|
| On Behalf Of |
NATIONAL TRUCK CENTER, INC.
|
|
| Docket Date |
2019-06-04
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
NATIONAL TRUCK CENTER, INC.
|
|
| Docket Date |
2019-05-30
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
NATIONAL TRUCK CENTER, INC.
|
|
| Docket Date |
2019-05-29
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order Granting EOT for Appellant's Reply Brief ~ Upon consideration of appellees’ May 24, 2019 response in opposition, it is ORDERED that appellants’ May 23, 2019 motion for a thirty-day extension of time to file their reply/cross-answer brief is granted, and appellants shall serve the reply/cross-answer brief on or before July 19, 2019. In addition, if the reply/cross-answer brief is served after the time provided for in this order, it may be stricken.
|
|
| Docket Date |
2019-05-24
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ OPPOSING DEFENDANT/APPELLANT'S MOTION FOR A 30 DAY EXTENSION OFTIME TO FILE THEIR REPLY/CROSS-ANSWER BRIEF
|
| On Behalf Of |
SUSAN LETTERMAN
|
|
| Docket Date |
2019-05-23
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief ~ /CROSS-ANSWER BRIEF
|
| On Behalf Of |
NATIONAL TRUCK CENTER, INC.
|
|
| Docket Date |
2019-05-20
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ *AND* COSTS (RESPONSE FILED 06/04/19)
|
| On Behalf Of |
SUSAN LETTERMAN
|
|
| Docket Date |
2019-05-09
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ (253 PAGES)
|
| On Behalf Of |
SUSAN LETTERMAN
|
|
| Docket Date |
2019-05-09
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
ORD-Allowing Attachment to Record ~ ORDERED that the appellee's May 8, 2019 motion to supplement the record is granted, and the record is supplemented to include the October 28, 2016 hearing transcript and pages from the January 9, 2017 deposition transcript. Said supplemental record is deemed filed as of the date of this order.
|
|
| Docket Date |
2019-05-08
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
SUSAN LETTERMAN
|
|
| Docket Date |
2019-05-03
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ SUSAN LETTERMAN
|
| On Behalf Of |
SUSAN LETTERMAN
|
|
| Docket Date |
2019-05-03
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 20 DAYS TO 5/24/19.
|
|
| Docket Date |
2019-03-25
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORD-Initial Brief to be Served ~ Upon consideration of appellees' March 19, 2019 response in opposition, it is ORDERED that appellants' March 15, 2019 motion for a final extension of time is granted in part, and appellants shall serve the initial brief within ten (10) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case will be subject to dismissal or the court in its discretion may impose other sanctions. Appellants are advised that no further extensions will be granted absent a detailed explanation for why the initial brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant.
|
|
| Docket Date |
2019-03-19
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
SUSAN LETTERMAN
|
|
| Docket Date |
2019-03-15
|
| 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 |
NATIONAL TRUCK CENTER, INC.
|
|
| Docket Date |
2019-02-25
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ Upon consideration of appellee/cross-appellant's February 15, 2019 response in opposition, it is ORDERED that appellants/cross-appellees’ February 12, 2019 "motion for a temporary stay or in the alternative, to establish a briefing schedule or for an extension of time" is denied in part and granted in part. The appellants/cross-appellees’ requests for a temporary stay or alternatively to establish a briefing schedule are denied. This court determines that the final judgment on appeal is final and that the motion for remittitur did not toll the time to appeal the final judgment. See Giuffre v. Edwards, 226 So. 3d 1034, 1038 (Fla. 4th DCA 2017) ("even after resolution of a lawsuit by way of final judgment or stipulation of dismissal, the trial court retains jurisdiction to resolve 'collateral matters such as taxation of costs and prevailing party attorney's fees.”) (quoting Amlan, Inc. v. Detroit Diesel Corp., 651 So. 2d 701, 704 (Fla. 4th DCA 1995)); Fla. R. App. P. 9.020(h)(1) (listing the 10 motions that, if authorized and timely filed, toll rendition of a final order). The appellants/cross-appellees’ request for an extension of time is granted in part. The appellants/cross-appellees shall file the initial brief within thirty (30) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2019-02-15
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
SUSAN LETTERMAN
|
|
| Docket Date |
2019-02-12
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay ~ OR IN THE ALTERNATIVE, TO ESTABLISH A BRIEFING SCHEDULE OR FOR AN EXTENSION OF TIME
|
| On Behalf Of |
NATIONAL TRUCK CENTER, INC.
|
|
| Docket Date |
2019-01-28
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ RECORD 1 (4993 PAGES)
|
|
| Docket Date |
2018-12-26
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal
|
|
| Docket Date |
2018-12-21
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
NATIONAL TRUCK CENTER, INC.
|
|
| Docket Date |
2018-12-21
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 60 DAYS TO 2/19/19
|
|
| Docket Date |
2018-12-03
|
| 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 November 29, 2018, the law firm of GrayRobinson, P.A., is substituted for the law firm of Richard A. Sherman, P.A., as counsel for appellants in the above-styled cause.
|
|
| Docket Date |
2018-11-29
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion For Substitution of Counsel
|
| Description |
Motion For Substitution of Counsel
|
| On Behalf Of |
NATIONAL TRUCK CENTER, INC.
|
|
| Docket Date |
2018-11-29
|
| Type |
Record
|
| Subtype |
Transcript
|
| Description |
Transcript Received ~ (3474 PAGES)
|
|
| Docket Date |
2018-11-27
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal
|
|
| Docket Date |
2018-10-24
|
| Type |
Misc. Events
|
| Subtype |
Court Reporter Acknowledgement Letter
|
| Description |
Court Reporter Acknowledgement Letter
|
|
| Docket Date |
2018-10-17
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay filing Fee - Cross-Appeal - 10 days ~ A Notice of Cross-Appeal was filed in the lower tribunal on October 15, 2018. The $295.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Cross-Appeal as required by section 35.22(2)(b), Florida Statutes (2016) and Florida Rule of Appellate Procedure 9.110(b). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE CROSS-APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED, appellee/cross-appellant shall pay the $295.00 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 the cross-appeal 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 cross-appeal has a duty to tender the filing fee to the appellate court when the cross-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.
|
|
| Docket Date |
2018-10-16
|
| Type |
Notice
|
| Subtype |
Notice of Cross Appeal
|
| Description |
Notice of Cross Appeal
|
|
| Docket Date |
2018-10-16
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2018-10-15
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2018-10-15
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
NATIONAL TRUCK CENTER, INC.
|
|
