|
Doc.
|
Date Docketed
|
Description
|
Filed by
|
Notes
|
|
07/09/2009
|
NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT)
|
PT The Bionetics Corporation BY: PT Joe Teague Caruso 0103744
|
|
|
07/13/2009
|
Filing Fee $300
|
2009 - 1011462 Amount: $300
|
|
|
07/13/2009
|
Fee Paid In Full - $300
|
|
|
|
07/15/2009
|
JURIS INITIAL BRIEF
|
PT The Bionetics Corporation BY: PT Joe Teague Caruso 0103744
|
(O&5, EMAIL)
|
|
07/20/2009
|
JURIS ANSWER BRIEF
|
RS Frank William Kenniasty BY: RS Frank William Kenniasty
|
(O&5 & E-MAIL)
|
|
07/31/2009
|
JURIS ANSWER BRIEF
|
RS Judith Deitz BY: WE Elizabeth Siano Harris 899720
|
O&5 & E-MAIL
|
|
01/04/2010
|
ORDER-JURIS ACCEPTED/BRIEF SCHED
|
|
The Court accepts jurisdiction, but postpones its decision as to whether the above case will be submitted to the Court with or without oral argument.
Petitioner's brief on the merits shall be served on or before January 29, 2010; respondent's brief on the merits shall be served twenty days after service of petitioner's brief on the merits; and petitioner's reply brief on the merits shall be served twenty days after service of respondent's brief on the merits. Please file an original and seven copies of all briefs.
The Clerk of the Fifth District Court of Appeal shall file the original record which shall be properly indexed and paginated on or before March 5, 2010. The record shall include the briefs filed in the district court separately indexed.
|
|
01/15/2010
|
MAIL RETURNED
|
|
RS Frank William Kenniasty 104892 BY: PE Frank William Kenniasty 104892 ORDER DATED 01/04/2010 -- FORWAREDED TO CURRENT ADDRESS
|
|
01/26/2010
|
MOTION-EXT OF TIME (INITIAL BRIEF-MERITS)
|
PT The Bionetics Corporation BY: PT Joe Teague Caruso 0103744
|
AND TO TOLL BRIEFING SCHEDULE (O&1) (01/27/2010: AMD MOTION-EXTENSION & TO TOLL BRIEFING SCHEDULE FILED - O&1)
|
|
01/29/2010
|
ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS)
|
|
Petitioner's motion for extension of time is granted and petitioner is allowed to and including February 8, 2010, in which to serve the initial brief on the merits.
|
|
02/09/2010
|
INITIAL BRIEF-MERITS
|
PT The Bionetics Corporation BY: PT Joe Teague Caruso 0103744
|
W/APPENDIX (O&7 & E-MAIL) ***STRICKEN*** - SEE 03/23/10 ORDER
|
|
02/09/2010
|
REQUEST-ORAL ARGUMENT
|
PT The Bionetics Corporation BY: PT Joe Teague Caruso 0103744
|
|
|
02/09/2010
|
MOTION-ATTORNEYS FEES
|
PT The Bionetics Corporation BY: PT Joe Teague Caruso 0103744
|
O&7 (05/13/2010: AMENDMENT TO MOTION ATTY FEES FILED)
|
|
02/10/2010
|
MOTION-COUNS WITHDRAWAL
|
RS Judith Deitz BY: WE Elizabeth Siano Harris 899720
|
FOR RESPONDENTS DEITZ & MOORE
|
|
02/16/2010
|
NOTICE
|
RS Frank William Kenniasty BY: RS Frank William Kenniasty
|
OF SERVICE UNDER 57.105(4) W/ATTACHMENT
|
|
02/16/2010
|
MOTION-STRIKE
|
RS Frank William Kenniasty BY: RS Frank William Kenniasty
|
FILED AS "OBJECTION AND MOTION TO STRIKE" (PET'S MOT FOR ATTY FEES FILED 02/18/2010) - 0&7
|
|
02/18/2010
|
ORDER-COUNS WITHDRAWAL GR
|
|
The unopposed motion to withdraw is granted and Elizabeth Siano Harris is hereby allowed to withdraw as attorney of record for Judith Deitz and William Moore. The answer brief on the merits shall be served on or before March 5, 2010.
|
|
02/24/2010
|
RESPONSE
|
PT The Bionetics Corporation BY: PT Joe Teague Caruso 0103744
|
TO PRO SE RESPONDENT'S MOTION TO STRIKE (O&6)
|
|
02/26/2010
|
MOTION-BRIEF AMENDMENT
|
PT The Bionetics Corporation BY: PT Joe Teague Caruso 0103744
|
FILED AS "MOTION TO ACCEPT PETITIONER'S AMENDED BRIEF ON THE MERITS"
|
|
02/26/2010
|
INITIAL AMD BRIEF-MERITS
|
PT The Bionetics Corporation BY: PT Joe Teague Caruso 0103744
|
W/APPENDIX (O&7) ***STRICKEN** - SEE 03/23/10 ORDER
|
|
03/02/2010
|
ANSWER BRIEF-MERITS
|
RS Frank William Kenniasty BY: RS Frank William Kenniasty
|
O&7 (& E-MAIL)
|
|
03/02/2010
|
RECORD/TRANSCRIPT
|
Hon. Susan Wright, Clerk BY: Hon. Susan Wright, Clerk
|
1 VOLUME CC PAPERS, 1 VOLUME ORIGINAL DCA BRIEFS, 22 VOLUMES RECORD, VOLUME 23 (CONTAINS ALL ORIGINAL EXHIBITS), 1 VOLUME SUPPLEMENTAL RECORD (2 BOXES),
|
|
03/03/2010
|
RESPONSE
|
RS Frank William Kenniasty BY: RS Frank William Kenniasty
|
TO PETITIONER'S MOTION TO AMEND
|
|
03/04/2010
|
MOTION-BRIEF AMENDMENT
|
PT The Bionetics Corporation BY: PT Joe Teague Caruso 0103744
|
FILED AS: MOTION TO FILE SECOND AMENDED INITIAL BRIEF OF PETITIONER ON THE MERITS AND REPLY TO RESPONDENT'S RESPONSE TO PETITIONER'S MOTION TO ACCEPT AMENDED BRIEF (O&5)
|
|
03/04/2010
|
INITIAL AMD BRIEF-MERITS
|
PT The Bionetics Corporation BY: PT Joe Teague Caruso 0103744
|
SECOND AMENDED (W/APPENDIX O&7 & E-MAIL)
|
|
03/08/2010
|
RESPONSE
|
RS Frank William Kenniasty BY: RS Frank William Kenniasty
|
TO PETITIONER'S MOTION TO AMEND
|
|
03/15/2010
|
MOTION-ATTORNEYS FEES
|
RS Frank William Kenniasty BY: RS Frank William Kenniasty
|
ORIGINAL ONLY (7 COPIES FILED 03/18/2010) (AMENDED MOTION FILED 03/31/2010) (O&5)
|
|
03/15/2010
|
NOTICE-SUPPLEMENTAL AUTHORITY
|
RS Frank William Kenniasty BY: RS Frank William Kenniasty
|
ORIGINAL ONLY (REQ'D 7 COPIES) 03/19/2010: 7 COPIES FILED
|
|
03/15/2010
|
REPLY TO RESPONSE
|
PT The Bionetics Corporation BY: PT Joe Teague Caruso 0103744
|
TO MOTION TO AMEND
|
|
03/19/2010
|
MOTION-EXT OF TIME (REPLY BRIEF-MERITS)
|
PT The Bionetics Corporation BY: PT Joe Teague Caruso 0103744
|
& TO TOLL BRIEFING SCHEDULE
|
|
03/22/2010
|
RESPONSE
|
RS Frank William Kenniasty BY: RS Frank William Kenniasty
|
TO PETITIONER'S MOTION FOR EXTENSION OF TIME
|
|
03/23/2010
|
ORDER-BRIEF AMENDMENT GR
|
|
Petitioner's motion to file second-amended initial brief is granted and said brief, filed March 4, 2010, is hereby accepted for filing. Petitioner's initial brief (filed February 9, 2010) and amended initial brief (filed February 26, 2010) are thus stricken, and petitioner's motion to accept its amended initial brief (filed February 26, 2010) is accordingly denied as moot. Petitioner's motion for extension of time (filed March 19, 2010) is granted, rendering petitioner's reply brief due to be served on or before April 7, 2010.
Per this Court's Administrative Order In Re: Mandatory Submission of Electronic Copies of Documents, AOSC04-84, dated September 13, 2004, counsel are directed to transmit a copy of all briefs in an electronic format as required by the provisions of that order.
|
|
03/23/2010
|
NOTICE-SUPPLEMENTAL AUTHORITY
|
RS Frank William Kenniasty BY: RS Frank William Kenniasty
|
O&7
|
|
03/31/2010
|
NOTICE
|
PT The Bionetics Corporation BY: PT Joe Teague Caruso 0103744
|
NOTICE OF SERVICE UNDER 57.105(4) FLA. STAT (O&5)
|
|
03/31/2010
|
REPLY BRIEF-MERITS
|
PT The Bionetics Corporation BY: PT Joe Teague Caruso 0103744
|
O&7 (E-MAILED IN "WPD" - 04/01/10: REQ'D RE-SUBMIT IN WORD) - RECEIVED E-MAIL 04/05/10
|
|
03/31/2010
|
NOTICE-SUPPLEMENTAL AUTHORITY
|
RS Frank William Kenniasty BY: RS Frank William Kenniasty
|
(O&7)
|
|
03/31/2010
|
NOTICE-SUPPLEMENTAL AUTHORITY
|
RS Frank William Kenniasty BY: RS Frank William Kenniasty
|
-SENATE BILL NO. 528 (O&7)
|
|
03/31/2010
|
NOTICE-SUPPLEMENTAL AUTHORITY
|
RS Frank William Kenniasty BY: RS Frank William Kenniasty
|
-WISCONSIN CASES (O&7)
|
|
05/11/2010
|
MOTION-ACCEPTANCE AS TIMELY FILED (RESPONSE/REPLY)
|
RS Frank William Kenniasty BY: RS Frank William Kenniasty
|
FILED AS "MOTON TO ACCEPT RESPONDENT'S FILING OF A RESPONSE TO PETITIONER'S NOTICE SERVED UNDER F.S. 57.105(S) W/ATTACHED "RESPONSE TO PET'S MOTION FOR ATTORNEY'S FEES" (O&7)
|
|
05/11/2010
|
RESPONSE
|
RS Frank William Kenniasty BY: RS Frank William Kenniasty
|
TO PETITIONER'S MOTION FOR ATTORNEY'S FEES (O&7)
|
|
05/27/2010
|
MOTION-STRIKE
|
PT The Bionetics Corporation BY: PT Joe Teague Caruso 0103744
|
FILED AS "PETITIONER'S OBJECTION TO RESPONDENTS' MOTION TO ACCEPT "HIS RESPONSE TO PETITIONER'S MOTION FOR ATTORNEY'S FEES " AND REQUEST TO STRIKE RESPONDENTS' RESPONSE - 0&7
|
|
06/03/2010
|
RESPONSE
|
RS Frank William Kenniasty BY: RS Frank William Kenniasty
|
FILED AS "REPLY TO PETITIONER'S OBJECTION"
|
|
07/06/2010
|
NOTICE-SUPPLEMENTAL AUTHORITY
|
PT The Bionetics Corporation BY: PT Joe Teague Caruso 0103744
|
O&3 *STRICKEN** - SEE ORDER DATED 07/15/2010
|
|
07/15/2010
|
ORDER-SUPP AUTHORITY STRICKEN
|
|
Petitioner's Notice of Supplemental Authority filed with this Court on July 6, 2010, does not comply with Florida Rule of Appellate Procedure 9.225 and is hereby stricken as it contains argument.
|
|
07/26/2010
|
NOTICE-SUPPLEMENTAL AUTHORITY
|
PT The Bionetics Corporation BY: PT Joe Teague Caruso 0103744
|
O&7
|
|
08/02/2010
|
ORDER-OA SCHED (PREV ACCEPTED)
|
|
The Court previously accepted jurisdiction. The Court will hear oral argument at 9:00 a.m., Wednesday, October 6, 2010.
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.
|
|
08/02/2010
|
ORAL ARGUMENT CALENDAR
|
|
|
|
08/12/2010
|
MAIL RETURNED
|
|
PE Frank William Kenniasty 104892 BY: PE Frank William Kenniasty 104892 ORDER DATED AUGUST 2, 2010 --FORWARDED TO REGISTERED FL BAR ADDRESS
|
|
08/30/2010
|
NOTICE-SUPPLEMENTAL AUTHORITY
|
RS Frank William Kenniasty BY: RS Frank William Kenniasty
|
O&7
|
|
09/10/2010
|
NOTICE-SUPPLEMENTAL AUTHORITY
|
PT The Bionetics Corporation BY: PT Joe Teague Caruso 0103744
|
O&7
|
|
10/06/2010
|
ORAL ARGUMENT HELD
|
|
|
|
02/10/2011
|
DISP-QUASHED & REMANDED
|
|
Based on the foregoing, we quash the decision of the Fifth District in Kenniasty v. Bionetics Corp., 10 So. 3d 1183 (Fla. 5th DCA 2009), to the extent that it is inconsistent with our decision, and we approve the decision of the First District in Walker v. Cash Register Auto Insurance of Leon County, Inc., 946 So. 2d 66 (Fla. 1st DCA 2006), to the extent it is consistent with our analysis and holding. Upon remand of this proceeding, the Fifth District may consider and decide issues that were raised but not reached by the district court or this Court.
|
|
02/14/2011
|
MOTION-REHEARING
|
RS Frank William Kenniasty BY: RS Frank William Kenniasty
|
O&7 (RC)
|
|
02/16/2011
|
MOTION-EXT OF TIME (RESPONSE)
|
PT The Bionetics Corporation BY: PT Joe Teague Caruso 0103744
|
TO FILE RESPONSE TO MOTION FOR REHEARING AND PETITIONER'S MOTION FOR REHEARING AND CLARIFICATION
|
|
02/25/2011
|
MAIL RETURNED
|
|
ROBERT A. WOHN, JR., JUDGE - 02/10/2011 OPINION (02/25/2011: REMAILED TO CURRENT ADDRESS)
|
|
03/10/2011
|
RESPONSE
|
PT The Bionetics Corporation BY: PT Joe Teague Caruso 0103744
|
TO RESPONDENT'S MOTION FOR REHEARING (0&7 & E-MAIL)
|
|
03/10/2011
|
ORDER-EXT OF TIME GR (REHEARING/REINSTATEMENT)
|
|
Petitioner's motion for extension of time is granted and petitioner's Motion for Rehearing and Response to Respondent's Motion for Rehearing were filed with this Court on March 10, 2011.
|
|
03/10/2011
|
MOTION-REHEARING
|
PT The Bionetics Corporation BY: PT Joe Teague Caruso 0103744
|
O&7 & E-MAIL (RC)
|
|
03/17/2011
|
REPLY TO RESPONSE
|
RS Frank William Kenniasty BY: RS Frank William Kenniasty
|
FILED AS " RESPONDENT'S REPLY TO PETITIONER'S RESPONSE TO RESPONDENT'S MOTION FOR REHEARING
|
|
03/17/2011
|
RESPONSE
|
RS Frank William Kenniasty BY: RS Frank William Kenniasty
|
FILED AS "RESPONDENT'S RESPONSE TO PETITIONER'S MOTION FOR REHEARING"
|
|
09/06/2011
|
DISP-REHEARING DY
|
|
Petitioner's Motion for Rehearing is hereby denied. Respondent's Motion for Rehearing is hereby denied. Respondent's "Reply to Petitioner's Response to Respondent's Motion for Rehearing" is hereby stricken as unauthorized. Petitioner's "Motion for Attorney's Fees" and Petitioner's "Amendments to Motion for Appellate Attorney's Fees" are hereby denied. Respondent's "Motion for Attorney's Fees" is hereby denied. Respondent's "Motion to Accept Respondent's Filing of a Response to Petitioner's Notice Served Under F.S. § 57.105(4)" is hereby denied. Petitioner's "Objection to Respondent's Motion to Accept His 'Response to Petitioner's Motion for Attorney's Fees'" is hereby granted. All other motions or requests for relief in this case are hereby denied. (RC)
|
|
09/30/2011
|
MANDATE
|
|
CC: COUNSEL
|
|
10/04/2011
|
USSC CERTIORARI
|
11-436
|
& DOCKETED 10/11/2011
|
|
10/17/2011
|
USSC NOT/CERT FILED IN FSC
|
11-436
|
|
|
12/05/2011
|
ARCHIVES
|
|
File
|
|
12/12/2011
|
USSC DISP-CERTIORARI DY
|
11-436
|
|
