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Date Docketed Description Filed By Notes
08/30/2018 Notice of Appeal Filed Mark F. Bideau 0564044
08/31/2018 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. 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.
08/31/2018 Acknowledgment Letter
09/11/2018 Case Filing Fee
09/12/2018 Notice of Appearance Julissa Rodriguez 165662
09/12/2018 Motion To Consolidate Mark F. Bideau 0564044
09/12/2018 Appendix Mark F. Bideau 0564044 TO APPELLANT'S MOTION TO CONSOLIDATE APPEALS
09/14/2018 Motion To Consolidate Julissa Rodriguez 165662
09/14/2018 Appendix Julissa Rodriguez 165662
09/14/2018 Notice of Similar Case Pending Julissa Rodriguez 165662
09/18/2018 Response David P. Ackerman 0374350 TO R.J. REYNOLDS TOBACCO COMPANY'S MOTION TO CONSOLIDATE APPEALS
09/28/2018 Notice of Appearance David P. Ackerman 0374350
10/01/2018 ORD-Granting Consolidation Upon consideration of the response filed September 18, 2018, the September 12, 2018 and September 14, 2018 motions to consolidate appeals are granted, and the above-styled case numbers are now consolidated and are to proceed under the time schedule for a direct appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D18-2616. The parties may separately file the briefs in this consolidated appeal. Further, ORDERED that the September 27, 2018 verified motions for permission to appear pro hac vice are granted, and Ian Boczko, Esq., Steven P. Winter, Esq., and Paul Vizcarrondo, Jr., Esq., are permitted to appear in this appeal as counsel for appellant, Philip Morris USA, Inc.
10/02/2018 Mot. to appear pro hac vice James V Etscorn 0705111 (ELIZABETH B MCCALLUM)
10/02/2018 Mot. to appear pro hac vice James V Etscorn 0705111 (ROBERT J. BROOKHISER, JR.)
10/03/2018 Motion To Dismiss James V Etscorn 0705111
10/03/2018 Appendix James V Etscorn 0705111 TO MOTION TO DISMISS
10/05/2018 Order to Pay Fee - Motion to appear pro hac vice This court is in receipt of the verified motion for admission to appear pro hac vice filed October 2, 2018, further, ORDERED that Elizabeth B. McCallum Esq., shall tender the $100 appearance fee required by section 35.22(2)(a), Fla. Stat. (2016), within ten (10) days from the date of the entry of this order. Upon so tendering the motion will be granted.
10/05/2018 Order to Pay Fee - Motion to appear pro hac vice This court is in receipt of the verified motion for admission to appear pro hac vice filed October 2, 2018, further, ORDERED that Robert J. Brookhiser, Jr., Esq., shall tender the $100 appearance fee required by section 35.22(2)(a), Fla. Stat. (2016), within ten (10) days from the date of the entry of this order. Upon so tendering the motion will be granted.
10/12/2018 Response David P. Ackerman 0374350 TO ITG BRANDS, LLC'S MOTION TO DISMISS APPEAL
10/12/2018 Appendix to Response David P. Ackerman 0374350 TO MOTION TO DISMISS
10/22/2018 ORD-Denying Aplee's Motion to Dismiss Upon consideration of appellant Philip Morris, USA’s October 12, 2018 response, it is ORDERED that appellee ITG Brands, LLC’s October 3, 2018 motion to dismiss is denied.
10/23/2018 Pro Hac Vice Filing Fee
10/23/2018 Pro Hac Vice Filing Fee
10/23/2018 Ord-Leave to Appear Pro Hac Vice ORDERED that Robert J. Brookhiser, Jr., and Elizabeth B. McCallum’s October 2, 2018 verified motions for permission to appear pro hac vice are granted, and Robert J. Brookhiser, Jr., Esquire and Elizabeth B. McCallum, Esquire, are permitted to appear in this appeal as counsel for ITG Brands, LLC. Robert J. Brookhiser, Jr., Esquire and Elizabeth B. McCallum, Esquire, are advised that this court does not send paper documents to attorneys and they shall register for this court’s eDCA system within five (5) days from the date of this order.
10/31/2018 Motion Extension of Time To Complete ROA Clerk Palm Beach CC02
10/31/2018 ORD-Grant EOT to Complete ROA ORDERED that the clerk of the circuit court's October 31, 2018 motion for extension of time is granted, and the time for the clerk of the circuit court to prepare the record on appeal and serve the index to the record is extended to and including November 30, 2018. All other time frames are extended accordingly. See Fla. R. App. P. 9.300(b).
12/10/2018 Mot. to set briefing schedule David P. Ackerman 0374350 AGREED MOTION FOR MODIFIED BRIEFING SCHEDULE
12/11/2018 ORD-Setting Briefing Schedule ORDERED that the appellant's December 10, 2018 motion for modified briefing schedule is granted, as set forth in the motion.
12/19/2018 Notice of Agreed Extension - Initial Brief Julissa Rodriguez 165662
12/19/2018 Recognizing Agreed Extension of Time 40 DAYS TO 02/11/2019
12/20/2018 Mot. to appear pro hac vice David P. Ackerman 0374350 (DAVID P.T. WEBB)
12/20/2018 Pro Hac Vice Filing Fee
12/21/2018 Ord-Leave to Appear Pro Hac Vice ORDERED that David P.T. Webb's December 20, 2018 verified motion for permission to appear pro hac vice is granted, and David P.T. Webb, Esquire, is permitted to appear in this appeal as counsel for Philip Morris USA Inc. David P.T. Webb, Esquire, is advised that this court does not send paper documents to attorneys and he shall register for this court’s eDCA system within five (5) days from the date of this order.
12/27/2018 Index Clerk Palm Beach CC02 MASTER INDEX TO RECORD ON APPEAL
12/27/2018 Received Records Clerk Palm Beach CC02 (PART 1) PAGES 1-13,890
12/27/2018 Received Records Clerk Palm Beach CC02 (PART 2) PAGES 13,891-22,302
12/27/2018 Received Exhibits Clerk Palm Beach CC02 10,812 PAGES
01/30/2019 Notice of Agreed Extension - Initial Brief Julissa Rodriguez 165662
01/30/2019 Recognizing Agreed Extension of Time 50 DAYS TO 04/02/2019
02/27/2019 PRO HAC VICE FEE PAID THROUGH PORTAL
02/27/2019 Mot. to appear pro hac vice Eleni K Howard 0073073 (SIMON J. WILLIAMS)
02/28/2019 Ord-Leave to Appear Pro Hac Vice ORDERED that Simon J. Williams's February 27, 2019 verified motion for permission to appear pro hac vice is granted, and Simon J. Williams, Esquire, is permitted to appear in this appeal as counsel for Philip Morris USA, Inc. Simon J. Williams, Esquire, is advised that this court does not send paper documents to attorneys and he 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.
03/29/2019 Mot. for Extension of time to file Initial Brief Julissa Rodriguez 165662
04/01/2019 ORD-Initial Brief to be Served ORDERED that appellant's March 29, 2019 motion for extension of time is granted in part, and appellant shall serve the initial brief on or before April 12, 2019. 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. Appellant is 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.
04/12/2019 Initial Brief on Merits Julissa Rodriguez 165662
04/23/2019 Notice of Agreed Extension - Answer Brief E. Raul Novoa 0094686
04/23/2019 Recognizing Agreed Extension of Time 60 DAYS TO 07/15/2019
06/21/2019 Notice of Agreed Extension - Answer Brief E. Raul Novoa 0094686
06/21/2019 Recognizing Agreed Extension of Time 30 DAYS TO 08/14/2019
07/26/2019 PRO HAC VICE FEE PAID THROUGH PORTAL
07/26/2019 Mot. to appear pro hac vice E. Raul Novoa 0094686 (BEN M. GERMANA)
07/30/2019 Ord-Leave to Appear Pro Hac Vice ORDERED that Ben M. Germana's July 26, 2019 verified motion for permission to appear pro hac vice is granted, and Ben M. Germana, Esquire, is permitted to appear in this appeal as counsel for Philip Morris USA Inc. Ben M. Germana, Esquire, is advised that this court does not send paper documents to attorneys and he 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.
08/13/2019 Motion To Withdraw as Counsel Julissa Rodriguez 165662 **GRANTED. SEE 08/14/2019 ORDER.**
08/13/2019 Notice of Appearance Daniel William Bell 1008587
08/14/2019 Mot. for Extension of time to file Answer Brief Scott B. Cosgrove 0161365
08/14/2019 Order Granting EOT for Answer Brief ORDERED that appellee, State of Florida’s August 14, 2019 motion for extension of time is granted, and appellee shall serve all answer briefs, including the answer/cross-initial brief, on or before August 23, 2019. In addition, appellee is notified that the failure to serve the briefs within the time provided herein may foreclose appellee's right to file the briefs or otherwise participate in this appeal. Further, ORDERED that the August 13, 2019 motion of Julissa Rodriguez, counsel for appellant, to withdraw as counsel is granted.
08/23/2019 Appellee's Answer Brief David P. Ackerman 0374350 (PHILIP MORRIS USA INC) /CROSS-INITIAL BRIEF
08/23/2019 Motion For Attorney's Fees Scott B. Cosgrove 0161365 AND COSTS
08/23/2019 Appellee's Answer Brief Daniel William Bell 1008587 (STATE OF FLORIDA)
09/10/2019 Mot. for Extension of Time to File Reply Brief Brigid Finerty Cech Samole 0730440 (R.J. REYNOLDS TOBACCO COMPANY) /CROSS-ANSWER BRIEF
09/11/2019 Mot. for Extension of Time to File Reply Brief James V Etscorn 0705111 (ITG BRANDS LLC) /CROSS-ANSWER BRIEF
09/11/2019 Order Granting EOT for Appellant's Reply Brief ORDERED that appellant, R.J. Reynolds Tobacco Company’s September 10, 2019 and appellant, ITG Brands LLC’s September 11, 2019 motions for extension of time are granted, and appellants shall serve the reply brief/cross-answer briefs on or before November 22, 2019. In addition, if the reply brief/cross-answer briefs are served after the time provided for in this order, they may be stricken.
09/25/2019 Notice of Supplemental Authority David P. Ackerman 0374350
11/19/2019 Notice of Appearance Elliot H. Scherker 0202304
11/19/2019 Mot. for Extension of Time to File Reply Brief Brigid Finerty Cech Samole 0730440 (R.J. REYNOLDS TOBACCO COMPANY)
11/19/2019 Mot. for Extension of Time to File Reply Brief James V Etscorn 0705111 (ITG BRANDS LLC) /CROSS-ANSWER BRIEF
11/20/2019 Order Granting EOT for Appellant's Reply Brief ORDERED that appellant, R.J. Reynolds Tobacco Company’s and ITG Brands LLC’s November 19, 2019 motions for extension of time are granted, and appellants shall serve the reply/cross-answer briefs on or before December 23, 2019. In addition, if the reply/cross-answer briefs are served after the time provided for in this order, they may be stricken.
11/21/2019 Motion To Withdraw as Counsel Daniel William Bell 1008587 **STRICKEN**
11/22/2019 Stricken - No or Noncompliant Cert. of Service ORDERED that Daniel Bell's November 21, 2019 motion to withdraw as counsel is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that the certificate of service does not comply in substance with the requirements of Florida Rule of Judicial Administration 2.516(f).
11/22/2019 Motion To Withdraw as Counsel Daniel William Bell 1008587
12/17/2019 ORD-Withdraw as Counsel ORDERED that the November 22, 2019 motion of Daniel W. Bell, counsel for appellee, State of Florida, to withdraw as counsel is granted.
12/23/2019 Appellant's Reply Brief Brigid Finerty Cech Samole 0730440 /CROSS-ANSWER BRIEF OF R.J. REYNOLDS
12/23/2019 Request for Oral Argument (R.J. REYNOLDS TOBACCO COMPANY)
12/23/2019 Appellant's Reply Brief James V Etscorn 0705111 /CROSS-ANSWER BRIEF OF ITG BRANDS
12/23/2019 Request for Oral Argument (ITG BRANDS LLC)
12/27/2019 Request for Oral Argument (PHILIP MORRIS USA INC)
12/30/2019 Notice of Agreed Extension - Reply Brief E. Raul Novoa 0094686
12/30/2019 Recognizing Agreed Extension of Time 15 DAYS TO 02/06/2020
12/30/2019 Motion To Withdraw as Counsel Edward M. Wenger 0085568 **STRICKEN**
12/31/2019 Stricken - No or Noncompliant Cert. of Service ORDERED that Edward M. Wenger's December 30, 2019 motion to withdraw as counsel is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that the certificate of service does not comply in substance with the requirements of Florida Rule of Judicial Administration 2.516(f).
02/06/2020 Appellee/Cross-Appellant's Reply Brief E. Raul Novoa 0094686 (PHILIP MORRIS USA INC)
02/14/2020 ORD-Setting Oral Argument This case is set for Oral Argument on April 7, 2020, at 10:30 A.M. for 20 minutes per side. If a side anticipates more than two attorneys sitting at counsel table during oral argument, it shall contact the Marshal’s Office by phone at least two business days before the oral argument session. 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.
02/14/2020 Miscellaneous Order ORDERED that the parties shall submit an agreed notice, within ten (10) days from the date of this order, directing how they will allocate the oral argument time between them.
02/19/2020 Notice of Supplemental Authority David P. Ackerman 0374350
02/24/2020 Notice David P. Ackerman 0374350 AGREED NOTICE ON ALLOCATION OF ORAL ARGUMENT TIME
02/25/2020 Notice of Supplemental Authority David P. Ackerman 0374350
03/04/2020 Miscellaneous Order ORDERED that oral argument shall proceed in accordance with the parties’ February 24, 2020 Agreed Notice on Allocation of Oral Argument Time.
03/13/2020 Miscellaneous Order The Court advises all parties that, as of now, the oral argument scheduled in this case will proceed as scheduled.  However, in light of the Coronavirus, COVID-19, the Court requests you file a motion to reschedule your oral argument if you, or someone who is planning on attending the oral argument with you, meets any of the following criteria: (1) have recently traveled to China, Iran, Italy, Japan, or South Korea; (2) have been exposed to or diagnosed with the Coronavirus, COVID-19; (3) are experiencing flu-like symptoms such as fever, cough, or shortness of breath; or (4) have some other Coronavirus-related risk which may make attendance at oral argument not feasible.
03/20/2020 Miscellaneous Order Given the evolving situation surrounding the COVID-19 virus, the oral arguments now scheduled at the Court on April 7, 2020 are cancelled. So as not to delay the disposition of the cases, the court is prepared to decide this case on the briefs of the parties. If any party desires an oral argument, that party should notify the Court by Friday, March 27, 2020, in writing, specifying the reasons why an oral argument is necessary in their case. If the Court agrees that an oral argument is necessary, such argument will be held by telephone on April 7, 2020 and the Court will provide call-in instructions and the procedure for oral argument.
03/20/2020 Request for Oral Argument REQUEST FOR TELEPHONIC ORAL ARGUMENT
03/24/2020 Miscellaneous Order ORDERED, sua sponte, that upon further review of the Agreed Notice on Allocation of Oral Argument Time and appellant’s Request for Telephonic Oral Argument, this Court is continuing Oral Argument set for April 7, 2020 at 10:30 a.m. and is resetting it for a future date to be determined.
04/07/2020 ORD-Setting Oral Argument This case is set for Oral Argument on June 9, 2020, at 9:00 A.M. for 20 minutes per side. If a side anticipates more than two attorneys sitting at counsel table during oral argument, it shall contact the Marshal’s Office by phone at least two business days before the oral argument session. The court calendars can be viewed on this court's website at  HYPERLINK "http://www.4dca.org" www.4dca.org. Given the evolving situation surrounding the COVID-19 virus, the court may reschedule this oral argument or conduct oral argument by remote means. 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.
05/13/2020 Miscellaneous Order Given the evolving situation surrounding the COVID-19 virus, the in-person oral arguments now scheduled at the Court on June 9, 2020 are cancelled.  So as not to delay the disposition of the cases, the court will conduct oral argument through Zoom video conference on that date.  The week before oral argument the Clerk of the Court will provide connection instructions.  Should both parties file a stipulation by Thursday, May 21, 2020 at Noon that they waive oral argument, the court will then decide the case based upon the briefs.
06/02/2020 Notice of Supplemental Authority James V Etscorn 0705111
06/09/2020 Oral Argument Date Set 4DCA
07/29/2020 Affirmed - Authored Opinion
07/29/2020 Order Granting Attorney Fees-Unconditionally ORDERED that appellee State of Florida’s August 23, 2019 unopposed motion for attorneys’ fees is granted. On remand, the trial court shall 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 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. Further, ORDERED that the motion for costs filed by Scott B. Cosgrove is denied without prejudice to seek costs in the trial court.
08/04/2020 Motion To Withdraw as Counsel E. Raul Novoa 0094686
08/11/2020 ORD-Withdraw as Counsel ORDERED that the August 4, 2020 motion of Simon J. Williams, counsel for Philip Morris USA, Inc., to withdraw as counsel is granted.
08/12/2020 Motion for Rehearing / Rehearing En Banc Elliot H. Scherker 0202304 OR CERTIFICATION TO FLORIDA SUPREME COURT
08/12/2020 Appendix Elliot H. Scherker 0202304 TO MOTION FOR REHEARING
08/27/2020 Response E. Raul Novoa 0094686 PHILIP MORRIS'S OPPOSITION TO APPELLANT R.J. REYNOLDS'S MOTION FOR REHEARING, REHEARING EN BANC, OR CERTIFICATION
08/27/2020 Response Amit Agarwal 0125637 **STRICKEN** STATE OF FLORIDA'S RESPONSE TO R.J. REYNOLDS'S MOTION FOR REHEARING, REHEARING EN BANC, AND CERTIFICATION
08/28/2020 Stricken - No or Noncompliant Cert. of Service ORDERED that appellee State of Florida’s August 27, 2020 response is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that the certificate of service does not comply in substance with the requirements of Florida Rule of Judicial Administration 2.516(f).
08/28/2020 Response Amit Agarwal 0125637 STATE OF FLORIDA'S RESPONSE TO R.J. REYNOLDS'S MOTION FOR REHEARING, REHEARING EN BANC, AND CERTIFICATION
09/18/2020 Order Denying Rehearing En Banc ORDERED that appellant's August 12, 2020 motion for rehearing, rehearing en banc, and certification is denied.
09/18/2020 West Publishing
10/09/2020 Mandate
10/15/2020 Notice of Discretionary Jurisdiction to Supreme Court Elliot H. Scherker 0202304
10/15/2020 Notice sent to the Supreme Court
10/19/2020 Ack. Receipt from Supreme Court SC20-1506
12/18/2020 Supreme Court Disposition SC20-1506 DENIED