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Date Docketed
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Description
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Filed By
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Notes
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08/21/2019
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Notice of Appeal Filed
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Val Leppert 0097996
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08/21/2019
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Amended Notice of Appeal
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08/22/2019
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ORD-Pay Filing Fee-Civil Appeal
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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.
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08/22/2019
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Acknowledgment Letter
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08/23/2019
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Case Filing Fee Paid Through Portal
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08/23/2019
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CROSS NOTICE FILING FEE PAID THROUGH PORTAL
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08/26/2019
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Notice of Cross Appeal
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Clerk - Broward
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08/27/2019
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Motion To Withdraw as Counsel
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Eric L. Lundt 0861715
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08/28/2019
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ORD-Withdraw as Counsel
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The August 27, 2019 motion of Eric Lundt, Esq., counsel for appellant, to withdraw as counsel is granted. This court notes that appellant, R.J. Reynolds Tobacco Company will continue to be represented by attorneys from King & Spalding LLP.
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08/30/2019
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Notice of Appearance
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Geoffrey Jonathan Michael 0086152
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10/28/2019
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Notice of Agreed Extension - Initial Brief
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Val Leppert 0097996
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10/28/2019
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Recognizing Agreed Extension of Time
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30 DAYS TO 12/02/2019
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11/22/2019
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Affidavit
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OF NON-PAYMENT OF APPEAL INVOICE
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11/27/2019
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Transcript Received
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Clerk - Broward
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4864 PAGES
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11/27/2019
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Received Records
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25,361 PAGES
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12/02/2019
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Notice of Agreed Extension - Initial Brief
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Val Leppert 0097996
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12/02/2019
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Recognizing Agreed Extension of Time
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30 DAYS TO 01/02/2020
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12/09/2019
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Received Exhibits
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ONE (1) ENVELOPE - TWO (2) CD'S
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01/02/2020
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Notice of Agreed Extension - Initial Brief
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Val Leppert 0097996
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01/02/2020
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Recognizing Agreed Extension of Time
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30 DAYS TO 02/03/2020
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02/03/2020
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Initial Brief on Merits
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Val Leppert 0097996
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02/03/2020
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Appendix to Brief
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Val Leppert 0097996
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02/25/2020
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Notice of Agreed Extension - Answer Brief
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Thomas J. Seider 0086238
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02/25/2020
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Recognizing Agreed Extension of Time
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30 DAYS TO 4/3/20
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03/25/2020
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Notice of Agreed Extension - Answer Brief
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Thomas J. Seider 0086238
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03/25/2020
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Recognizing Agreed Extension of Time
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30 DAYS TO 05/04/2020
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05/04/2020
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Notice of Agreed Extension - Answer Brief
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Thomas J. Seider 0086238
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05/04/2020
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Recognizing Agreed Extension of Time
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30 DAYS TO 06/03/2020
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05/29/2020
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Mot. for Extension of time to file Answer Brief
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Thomas J. Seider 0086238
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06/08/2020
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ORD-Answer Brief to be Served
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ORDERED that appellee’s May 29, 2020 “unopposed motion for extension of time to serve answer brief” is granted, and appellee shall serve the answer/cross-initial brief on or before July 3, 2020. In addition, appellee is notified that the failure to serve the brief within the time provided herein will foreclose appellee’s right to file a brief or otherwise participate in this appeal, or the court in its discretion may impose other sanctions. Appellee is advised that no further extensions will be granted absent a detailed explanation for why the answer/cross-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.
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07/06/2020
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Appellee's Answer Brief
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Thomas J. Seider 0086238
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/CROSS-INITIAL BRIEF
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07/06/2020
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Motion To File Supplemental Record
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Thomas J. Seider 0086238
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07/10/2020
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Motion For Attorney's Fees
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Thomas J. Seider 0086238
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(RESPONSE FILED 07/27/2020)
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07/13/2020
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Appendix to Brief
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Thomas J. Seider 0086238
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**SUPPLEMENTAL RECORDS ATTACHED**
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07/13/2020
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Order Granting Motion to Supplement the Record
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ORDERED that appellee/cross-appellant’s July 6, 2020 unopposed motion to supplement the record on appeal is granted, and the record is supplemented to include the demonstrative aid used by R.J. Reynolds during opening statements of trial. The material requested, found in the appendix to the answer/cross-initial brief, is deemed properly filed as of the date of this order.
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07/21/2020
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Notice of Supplemental Authority
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Thomas J. Seider 0086238
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07/27/2020
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Response
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Val Leppert 0097996
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TO APPELLEE'S MOTION FOR APPELLATE ATTORNEYS' FEES
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08/12/2020
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Notice of Agreed Extension - Reply Brief
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Val Leppert 0097996
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/CROSS-ANSWER BRIEF
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08/12/2020
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Recognizing Agreed Extension of Time
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30 DAYS TO 09/11/2020
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09/11/2020
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Notice of Agreed Extension - Reply Brief
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Val Leppert 0097996
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/CROSS-ANSWER BRIEF
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09/11/2020
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Recognizing Agreed Extension of Time
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30 DAYS TO 10/12/2020
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09/16/2020
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Notice of Supplemental Authority
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Thomas J. Seider 0086238
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10/09/2020
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Notice of Agreed Extension - Reply Brief
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Val Leppert 0097996
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/CROSS-ANSWER BRIEF
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10/09/2020
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Recognizing Agreed Extension of Time
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30 DAYS TO 11/11/2020
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10/28/2020
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Miscellaneous Motion
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Val Leppert 0097996
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10/30/2020
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Motion To Withdraw as Counsel
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Celene H. Humphries 0884881
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11/02/2020
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Grant Miscellaneous Motion
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ORDERED that appellants/cross-appellees’ October 28, 2020 “unopposed motion for leave to file reply brief/answer brief on cross-appeal with twenty-five pages devoted to a reply” is granted, and appellants/cross-appellees’ reply/cross-answer brief may contain up to twenty-five (25) pages devoted to replying to the answer portion of appellee/cross-appellant’s answer/cross-initial brief.
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11/02/2020
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ORD-Withdraw as Counsel
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ORDERED that appellee’s October 30, 2020 “unopposed motion for leave to permit Maegen Luka to withdraw as counsel of record” is granted. Attorney Maegen Luka is withdrawn as counsel for appellee. This court notes that appellee will continue to be represented by remaining counsel of record from Brannock Humphries & Berman and Schlesinger Law Offices.
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11/16/2020
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Appellant's Reply Brief
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Val Leppert 0097996
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/CROSS-ANSWER BRIEF
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12/16/2020
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Appellee/Cross-Appellant's Reply Brief
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Thomas J. Seider 0086238
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12/23/2020
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Request for Oral Argument
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12/31/2020
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Request for Oral Argument
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03/25/2021
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ORD-Setting Oral Argument
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This case is set for Oral Argument on May 25, 2021, at 9:30 A.M. for 20 minutes per side. In criminal cases where a victim, as defined in Article I, Section 16(e) of the Florida Constitution, has invoked their right to notice under Article I, Section 16(b)(6) of the Florida Constitution, the State shall provide the victim with notice of this oral argument and of any changes to the scheduled date or time.
Pursuant to Florida Supreme Court Administrative Order AOSC20-109, Comprehensive COVID-19 Emergency Measures for Florida Appellate Courts, which requires that oral argument and other proceedings be conducted remotely during Phase 1 and Phase 2 of the pandemic, as set forth in that administrative order, this oral argument is scheduled to be conducted via Zoom. By separate order issued no later than three weeks before the scheduled oral argument, the parties will be directed to identify the attorney who will be presenting oral argument so that an orientation/test session can be scheduled by court staff with the attorneys to confirm their knowledge of the Zoom platform and test equipment compatibility.
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04/26/2021
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Order Re: Video Oral Argument
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Pursuant to Florida Supreme Court Administrative Order AOSC20-109, Comprehensive COVID-19 Emergency Measures for Florida Appellate Courts and this court’s prior order, the May 25, 2021 oral argument session will take place through Zoom video conference. Should both parties file a stipulation by noon on Monday, May 3, 2021 that they waive oral argument, the court will then decide the case based upon the briefs. If the parties do not stipulate to waive oral argument, then they shall file a notice by noon on Monday, May 3, 2021 which: (1) identifies the attorneys who will be arguing the case; and (2) provides the direct contact information for those attorneys. The Clerk of the Court will separately schedule a Zoom orientation/test session with the attorneys who will be arguing the case. The Clerk of the Court will also provide connection instructions for the oral argument session the week before the session.
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04/29/2021
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Notice
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Celene H. Humphries 0884881
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OF ATTORNEY APPEARANCE AT ORAL ARGUMENT
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04/30/2021
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Notice
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Val Leppert 0097996
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DESIGNATION OF ATTORNEY FOR ORAL ARGUMENT
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05/04/2021
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Notice
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Celene H. Humphries 0884881
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AMENDED NOTICE OF ATTORNEY APPEARANCE AT ORAL ARGUMENT
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05/21/2021
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Motion/Request for Judicial Notice
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Celene H. Humphries 0884881
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**Treated as Supplemental Authority**
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05/24/2021
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Miscellaneous Order
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ORDERED that appellee’s May 21, 2021 request for judicial notice is noted by the panel and treated as a notice of supplemental authority.
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05/25/2021
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Oral Argument Date Set
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4DCA
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06/07/2021
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Motion To File Supplemental Record
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Val Leppert 0097996
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06/08/2021
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Deny Motion to Supplement Record
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ORDERED that appellants’ June 7, 2021 motion to supplement record on appeal with appellee’s demonstrative is denied. See Fla. R. App. P. 9.200(a)(1).
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07/01/2021
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Notice of Supplemental Authority
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Val Leppert 0097996
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07/14/2021
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Reversed - Authored Opinion
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07/14/2021
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ORD-Grant in Part/Deny in Part
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ORDERED that appellee’s July 10, 2020 motion for attorney’s fees is denied as to the direct appeal and granted as to the cross-appeal contingent upon appellee obtaining a new net judgment against each appellant that is at least 25% greater than the proposals for settlement served on appellants.
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07/28/2021
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Motion for Extension of Time
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Thomas J. Seider 0086238
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TO SERVE POST-OPINION MOTIONS
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07/29/2021
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Grant Extension of Time
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ORDERED that appellee’s July 28, 2021 motion for extension of time is granted, and appellee may file any post-opinion motions on or before August 30, 2021.
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07/30/2021
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Notice of Appearance
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Richard B. Rosenthal 0184853
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08/26/2021
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Motion for Rehearing / Rehearing En Banc
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Richard B. Rosenthal 0184853
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09/09/2021
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Motion for Extension of Time to File Response
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Val Leppert 0097996
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09/09/2021
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Grant EOT to file Response
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ORDERED that appellants’ September 9, 2021 motion for extension of time is granted, and the time for filing a response to appellee’s motion for rehearing is extended fourteen (14) days from the current due date.
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09/27/2021
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Response
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Val Leppert 0097996
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Opposition To Motion for Rehearing or Rehearing En Banc
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10/19/2021
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Order Denying Rehearing En Banc
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ORDERED that appellee's August 26, 2021 motion for rehearing and rehearing en banc is denied.
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10/19/2021
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West Publishing
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11/05/2021
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Mandate
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11/18/2021
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Notice of Discretionary Jurisdiction to Supreme Court
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Richard B. Rosenthal 0184853
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11/18/2021
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Notice sent to the Supreme Court
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11/18/2021
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Case Filing Fee Paid Through Portal
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**Supreme Court Filing Fee** (MFC: 32851359)
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11/18/2021
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Ack. Receipt from Supreme Court
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SC21-1603
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04/28/2022
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Supreme Court Disposition
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SC21-1603
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05/27/2022
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Returned Exhibits
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