Doc.
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Date Docketed
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Case Type
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Description
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Filed by
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Notes
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08/06/2020
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Certified Direct Conflict
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DUAL BASIS-NOTICE-DISCRE JURIS-DIRECT CONFLICT/CERT DIR CONF
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PT Airbnb, Inc. BY: PT Joel S. Perwin 316814
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08/11/2020
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Certified Direct Conflict
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ACKNOWLEDGMENT LETTER-NEW CASE-PAY FEE
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Supreme Court Of Florida BY: Supreme Court Of Florida
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08/11/2020
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Certified Direct Conflict
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ORDER-COUNSEL PRO HAC VICE (FOREIGN COUNSEL)
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Any attorney involved in the above case who is not a member of The Florida Bar should immediately file a proper motion pursuant to Florida Rule of Judicial Administration 2.510, if they wish to have this Court consider them as counsel of record. Failure to file a proper motion could result in the imposition of sanctions, including striking the pleading listing the foreign attorney as counsel of record.
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08/11/2020
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Certified Direct Conflict
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MOTION-COUNS PRO HAC VICE (FOREIGN COUNSEL)
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PT Airbnb, Inc. BY: PT Eric J. Simonson
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08/11/2020
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Certified Direct Conflict
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PAY PRO HAC VICE FEE-100
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PT Airbnb, Inc. BY: PT Eric J. Simonson
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08/11/2020
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Certified Direct Conflict
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ORDER-COUNSEL PRO HAC VICE GR (FOREIGN COUNSEL)
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The motion to appear pro hac vice filed in the above cause by Eric J. Simonson on behalf of Airbnb, Inc., is hereby granted and counsel's payment of the $100.00 fee required by section 25.241(2)(a), Florida Statutes (2015), was received by this Court on August 11, 2020.
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08/13/2020
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Certified Direct Conflict
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JURIS INITIAL BRIEF
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PT Airbnb, Inc. BY: PT Joel S. Perwin 316814
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08/13/2020
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Certified Direct Conflict
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APPENDIX-JURIS BRIEF
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PT Airbnb, Inc. BY: PT Joel S. Perwin 316814
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**Stricken 8/14/20, in light of amended appendix filed.**
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08/13/2020
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Certified Direct Conflict
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PAY CASE FILING FEE-300
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PT Airbnb, Inc. BY: PT Joel S. Perwin 316814
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08/13/2020
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Certified Direct Conflict
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Fee Paid Through Portal
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08/13/2020
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Certified Direct Conflict
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APPENDIX-AMENDED-JURIS BRIEF
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PT Airbnb, Inc. BY: PT Joel S. Perwin 316814
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08/14/2020
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Certified Direct Conflict
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ORDER-APPENDIX STRICKEN
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In light of the filing of petitioner's amended appendix filed with this Court on August 13, 2020, it is ordered that petitioner's appendix filed with this Court on August 13, 2020, is hereby stricken.
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09/11/2020
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Certified Direct Conflict
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MOTION-EXT OF TIME (JURIS BRIEF)
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RS John Doe (Sc20-1167) BY: RS Thomas J. Seider 86238
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Respondents' Unopposed Motion for Extension of Time to Serve Jurisdictional Answer Brief
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09/11/2020
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Certified Direct Conflict
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MOTION-TOLL TIME
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RS John Doe (Sc20-1167) BY: RS Thomas J. Seider 86238
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09/17/2020
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Certified Direct Conflict
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ORDER-EXT OF TIME GR (JURIS BRIEF-RESPONDENT)
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Respondents' motion for extension of time is granted and respondents are allowed to and including October 14, 2020, in which to serve the jurisdictional answer brief. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.
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10/14/2020
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Certified Direct Conflict
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JURIS ANSWER BRIEF
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RS John Doe (Sc20-1167) BY: RS Thomas J. Seider 86238
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10/14/2020
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Certified Direct Conflict
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MOTION-ATTORNEYS FEES
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RS John Doe (Sc20-1167) BY: RS Thomas J. Seider 86238
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Respondents' Motion for Attorneys' Fees in this Discretionary Review Proceeding
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03/02/2021
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Certified Direct Conflict
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ORDER-DUAL BASIS JURIS ACCEPT/DECLINE (OA LATER DATE)
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The Court accepts jurisdiction of this case as to the Certified Direct Conflict.
Petitioner's initial brief on the merits must be served on or before April 6, 2021; respondent's answer brief on the merits must be served thirty days after service of petitioner's initial brief on the merits; petitioner's reply brief on the merits must be served thirty days after service of respondent's answer brief on the merits; and respondent's cross-reply brief on the merits, if authorized, must be served thirty days after service of petitioner's reply brief on the merits.
The Clerk of the Second District Court of Appeal must file the record which must be properly indexed and paginated on or before March 29, 2021. The Clerk may provide the record in the format as currently maintained at the district court, either paper or electronic.
Oral argument will be set by separate order. Counsel for parties will be notified of the oral argument date approximately sixty days prior to oral argument.
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03/23/2021
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Certified Direct Conflict
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MOTION-EXT OF TIME (INITIAL BRIEF-MERITS)
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PT Airbnb, Inc. BY: PT Joel S. Perwin 316814
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Agreed Motion for Extension of Time to Serve Brief of Petitioner Airbnb, Inc.
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03/23/2021
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Certified Direct Conflict
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ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS)
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Petitioner's motion for extension of time is granted and petitioner is allowed to and including May 6, 2021, in which to serve the initial brief on the merits. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.
All other times will be extended accordingly.
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03/31/2021
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Certified Direct Conflict
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RECORD
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Mary Beth Kuenzel 986224 BY: Mary Beth Kuenzel 986224
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1 VOLUME CERTIFIED COPIES OF APPEAL PAPERS - Filed Electronically
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05/03/2021
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Certified Direct Conflict
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INITIAL BRIEF-MERITS
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PT Airbnb, Inc. BY: PT Joel S. Perwin 316814
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Brief of Petitioner Airbnb, Inc.
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05/07/2021
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Certified Direct Conflict
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MOTION-AMICUS CURIAE
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NPAC Miami International Arbitration Society BY: NPAC Harout Jack Samra 70523
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Motion for Leave of Court to File an Amicus Curiae Brief
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05/10/2021
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Certified Direct Conflict
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ORDER-AMICUS CURIAE GR
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The motion for leave to file brief as amicus curiae filed by The Miami International Arbitration Society is hereby granted. The brief by the above referenced amicus curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
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05/12/2021
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Certified Direct Conflict
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MOTION-EXT OF TIME (AMICUS CURIAE BRIEF)
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NPAC Miami International Arbitration Society BY: NPAC Harout Jack Samra 70523
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Unopposed Motion for Extension of Time to File Amicus Curiae Brief
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05/12/2021
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Certified Direct Conflict
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ORDER-EXT OF TIME GR (AMICUS CURIAE)
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The motion for extension of time filed in the above case by Miami International Arbitration Society is granted and said amicus curiae is allowed to and including May 27, 2021, in which to serve the brief on the merits. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.
All other times will be extended accordingly.
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05/24/2021
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Certified Direct Conflict
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MOTION-EXT OF TIME (ANSWER BRIEF-MERITS)
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RS John Doe (Sc20-1167) BY: RS Thomas J. Seider 86238
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Respondents' Unopposed Motion for Extension of Time to Serve Answer Brief on the Merits
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05/25/2021
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Certified Direct Conflict
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ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS)
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Respondent's motion for extension of time is granted, and respondent is allowed to and including July 2, 2021, in which to serve the answer brief on the merits. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.
All other times will be extended accordingly.
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05/27/2021
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Certified Direct Conflict
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AMICUS CURIAE INITIAL BRIEF-MERITS
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NPAC Miami International Arbitration Society BY: NPAC Harout Jack Samra 70523
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Amicus Curiae Brief of the Miami International Arbitration Society in Support of the Position of the Petitioner, Airbnb, Inc.
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06/23/2021
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Certified Direct Conflict
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MOTION-EXT OF TIME (ANSWER BRIEF-MERITS)
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RS John Doe (Sc20-1167) BY: RS Thomas J. Seider 86238
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Respondents' Unopposed Motion for Extension of Time to Serve Answer Brief on the Merits
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06/24/2021
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Certified Direct Conflict
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ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS)
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Respondent's motion for extension of time is granted, and respondent is allowed to and including July 9, 2021, in which to serve the answer brief on the merits. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.
All other times will be extended accordingly.
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06/30/2021
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Certified Direct Conflict
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MOTION-AMICUS CURIAE
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MR Henry Allen Blair BY: MR Elliott V. Mitchell 118342
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Motion for Leave of Court to File Amici Curiae Brief -- Amended motion filed July 1, 2021.
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07/01/2021
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Certified Direct Conflict
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MOTION-AMICUS CURIAE
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MR Henry Allen Blair BY: MR Elliott V. Mitchell 118342
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AMENDED MOTION FOR LEAVE OF COURT TO FILE AMICI CURIAE BRIEF
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07/01/2021
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Certified Direct Conflict
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ORDER-AMICUS CURIAE GR
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The motion for leave to file brief as amicus curiae filed by Henry Allen Blair, Angela Downes, Richard D. Faulkner, Clark Freshman, Jill I. Gross, Philip J. Loree, Jr., and Imre Stephen Szalai is hereby granted and they are allowed to file brief only in support of Respondents. The brief by the above referenced amicus curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
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07/09/2021
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Certified Direct Conflict
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NOTICE-APPEARANCE
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RS John Doe (Sc20-1167) BY: RS Torri D. Macarages 1025544
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07/09/2021
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Certified Direct Conflict
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ANSWER BRIEF-MERITS
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RS John Doe (Sc20-1167) BY: RS Thomas J. Seider 86238
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Answer Brief on Merits
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07/14/2021
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Certified Direct Conflict
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MOTION-AMICUS CURIAE
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MR American Association for Justice BY: MR Bryan S. Gowdy 176631
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Unopposed Motion for Leave for the American Association for Justice, Public Justice, P.C., and the Florida Justice Association to Appear as Amici Curiae in Support of Respondents
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07/14/2021
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Certified Direct Conflict
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ORDER-AMICUS CURIAE GR
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The motion for leave to file brief as amici curiae filed by the American Association for Justice, Public Justice, P.C., and the Florida Justice Association is hereby granted and they are allowed to file brief only in support of Respondents. The brief by the above referenced amici curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
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07/14/2021
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Certified Direct Conflict
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MOTION-COUNS PRO HAC VICE (FOREIGN COUNSEL)
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MR American Association for Justice BY: MR Linnet R. Davis-Stermitz
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Unopposed, Verified Motion for Admission to Appear Pro Hac Vice Pursuant to Florida Rule of General Practice and Judicial Administration 2.510
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07/14/2021
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Certified Direct Conflict
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PAY PRO HAC VICE FEE-100
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MR American Association for Justice BY: MR Linnet R. Davis-Stermitz
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07/14/2021
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Certified Direct Conflict
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ORDER-COUNSEL PRO HAC VICE GR (FOREIGN COUNSEL)
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The motion to appear pro hac vice filed in the above cause by Linnet R. Davis-Stermitz, on behalf of amici American Association for Justice, Public Justice, P.C., and the Florida Justice Association, is hereby granted and counsel's payment of the $100.00 fee required by section 25.241(2)(a), Florida Statutes (2015), was received by this Court on July 14, 2021.
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07/16/2021
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Certified Direct Conflict
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AMICUS CURIAE ANSWER BRIEF-MERITS
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MR Henry Allen Blair BY: MR Elliott V. Mitchell 118342
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Amici Curiae Brief of Henry Allen Blair, Angela Downes, Richard D. Faulkner, Clerk Freshman, Jill I. Gross, Philip J. Loree, Jr., and Imre Stephen Szalai, in Support of the Position of the Respondents
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07/19/2021
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Certified Direct Conflict
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MOTION-AMICUS CURIAE
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MR George A. Bermann BY: MR Courtney R. Brewer 890901
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Motion for Leave to File Amicus Brief
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07/19/2021
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Certified Direct Conflict
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MOTION-EXT OF TIME (AMICUS CURIAE BRIEF)
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MR George A. Bermann BY: MR Courtney R. Brewer 890901
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Amicus Curiae Professor George Bermann's Unopposed Motion for Extension of Time to Serve Amicus Brief
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07/19/2021
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Certified Direct Conflict
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ORDER-AMICUS CURIAE GR
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The motion for leave to file brief as amicus curiae filed by George A. Bermann is hereby granted and they are allowed to file brief only in support of Respondents.
The motion for extension of time filed in the above case by George A. Bermann is granted and said amicus curiae is allowed to and including July 26, 2021, in which to serve the answer brief on the merits. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.
All other times will be extended accordingly.
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07/19/2021
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Certified Direct Conflict
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AMICUS CURIAE ANSWER BRIEF-MERITS
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MR American Association for Justice BY: MR Bryan S. Gowdy 176631
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Amici Curiae Brief of the American Association for Justice, the Florida Justice Association, and Public Justice in Support of Respondents
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07/26/2021
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Certified Direct Conflict
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AMICUS CURIAE ANSWER BRIEF-MERITS
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MR George A. Bermann BY: MR Courtney R. Brewer 890901
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Amicus Brief of Professor George A. Bermann in Support of Respondents
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08/09/2021
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Certified Direct Conflict
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MOTION-EXT OF TIME (REPLY BRIEF-MERITS)
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PT Airbnb, Inc. BY: PT Joel S. Perwin 316814
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Petitioner's Agreed Motion for Extension of Time to Serve Reply Brief
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08/09/2021
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Certified Direct Conflict
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ORDER-EXT OF TIME GR (REPLY BRIEF-MERITS)
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Petitioner's motion for extension of time is granted and petitioner is allowed to and including August 23, 2021, in which to serve the reply brief on the merits. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.
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08/16/2021
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Certified Direct Conflict
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REPLY BRIEF-MERITS
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PT Airbnb, Inc. BY: PT Joel S. Perwin 316814
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Reply Brief of Petitioner Airbnb, Inc.
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09/08/2021
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Certified Direct Conflict
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ORDER-OA SCHED (PREV ACCEPTED)
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The Court previously accepted jurisdiction. The Court will hear oral argument at 9:00 a.m., Wednesday, November 3, 2021.
A maximum of twenty minutes to the side is allowed for the argument, but counsel is expected to use only so much of that time as is necessary.
NO CONTINUANCES WILL BE GRANTED EXCEPT UPON A SHOWING OF EXTREME HARDSHIP.
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11/03/2021
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Certified Direct Conflict
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ORAL ARGUMENT HELD
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03/31/2022
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Certified Direct Conflict
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ORDER-ATTY FEES DY (J/M/O)
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Respondents' motion for attorneys' fees is hereby denied.
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03/31/2022
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Certified Direct Conflict
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DISP-QUASHED & REMANDED
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FSC-OPINION: We hold that, because Airbnb's Terms of Service incorporate by reference the AAA Rules that expressly delegate arbitrability determinations to an arbitrator, the agreement clearly and unmistakably evidences the parties' intent to empower an arbitrator, rather than a court, to resolve questions of arbitrability. Accordingly, we quash the Second District's decision in Natt and approve the Fifth District's decision in Reunion and the Third District's decision in Glasswall to the extent they are consistent with this opinion. The case is remanded to the district court for further proceedings consistent with this opinion. It is so ordered.
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04/21/2022
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Certified Direct Conflict
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MANDATE
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04/22/2022
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Certified Direct Conflict
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PUBLISH FULL
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06/28/2022
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Certified Direct Conflict
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USSC Order GR Ext of Time
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Supreme Court Of Florida BY: Supreme Court Of Florida
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Letter dated June 21, 2022:
The application for an extension of time within which to file a petition for a writ of certiorari in the above-entitled case has been presented to Justice Thomas, who on June 21, 2022, extended the time to and including July 29, 2022.
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08/05/2022
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Certified Direct Conflict
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USSC Not/Cert Filed in FSC
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Supreme Court Of Florida BY: Supreme Court Of Florida
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USSC LETTER DATED 8/2/2022:The petition for a writ of certiorari in the above entitled case was filed on July 29, 2022 and placed on the docket August 2, 2022 as No. 22-102.
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12/08/2022
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Certified Direct Conflict
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USSC Disp-Certiorari Dy
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Supreme Court Of Florida BY: Supreme Court Of Florida
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USSC LETTER DATED 12/5/2022: The Court today entered the following order in the above-entitled case: The petition for a writ of certiorari is denied.
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