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Doc. Date Docketed Description Filed by Notes
Click to open document 08/06/2020 DUAL BASIS-NOTICE-DISCRE JURIS-DIRECT CONFLICT/CERT DIR CONF PT Airbnb, Inc. BY: PT Joel S. Perwin 316814
Click to open document 08/11/2020 ACKNOWLEDGMENT LETTER-NEW CASE-PAY FEE Supreme Court Of Florida FSC BY: Supreme Court Of Florida FSC
Click to open document 08/11/2020 ORDER-COUNSEL PRO HAC VICE (FOREIGN COUNSEL) 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.
Click to open document 08/11/2020 MOTION-COUNS PRO HAC VICE (FOREIGN COUNSEL) PT Airbnb, Inc. BY: PT Eric J. Simonson
Click to open document 08/11/2020 PAY PRO HAC VICE FEE-100 PT Airbnb, Inc. BY: PT Eric J. Simonson
Click to open document 08/11/2020 ORDER-COUNSEL PRO HAC VICE GR (FOREIGN COUNSEL) 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.
Click to open document 08/13/2020 JURIS INITIAL BRIEF PT Airbnb, Inc. BY: PT Joel S. Perwin 316814
Click to open document 08/13/2020 APPENDIX-JURIS BRIEF PT Airbnb, Inc. BY: PT Joel S. Perwin 316814 **Stricken 8/14/20, in light of amended appendix filed.**
Click to open document 08/13/2020 PAY CASE FILING FEE-300 PT Airbnb, Inc. BY: PT Joel S. Perwin 316814
08/13/2020 Fee Paid Through Portal
Click to open document 08/13/2020 APPENDIX-AMENDED-JURIS BRIEF PT Airbnb, Inc. BY: PT Joel S. Perwin 316814
Click to open document 08/14/2020 ORDER-APPENDIX STRICKEN 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.
Click to open document 09/11/2020 MOTION-EXT OF TIME (JURIS BRIEF) RS John Doe (Sc20-1167) BY: RS Thomas J. Seider 86238 Respondents' Unopposed Motion for Extension of Time to Serve Jurisdictional Answer Brief
Click to open document 09/11/2020 MOTION-TOLL TIME RS John Doe (Sc20-1167) BY: RS Thomas J. Seider 86238
Click to open document 09/17/2020 ORDER-EXT OF TIME GR (JURIS BRIEF-RESPONDENT) 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.
Click to open document 10/14/2020 JURIS ANSWER BRIEF RS John Doe (Sc20-1167) BY: RS Thomas J. Seider 86238
Click to open document 10/14/2020 MOTION-ATTORNEYS FEES RS John Doe (Sc20-1167) BY: RS Thomas J. Seider 86238 Respondents' Motion for Attorneys' Fees in this Discretionary Review Proceeding
Click to open document 03/02/2021 ORDER-DUAL BASIS JURIS ACCEPT/DECLINE (OA LATER DATE) 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.
Click to open document 03/23/2021 MOTION-EXT OF TIME (INITIAL BRIEF-MERITS) PT Airbnb, Inc. BY: PT Joel S. Perwin 316814 Agreed Motion for Extension of Time to Serve Brief of Petitioner Airbnb, Inc.
Click to open document 03/23/2021 ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS) 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.
03/31/2021 RECORD Mary Beth Kuenzel D2 BY: Mary Beth Kuenzel D2 1 VOLUME CERTIFIED COPIES OF APPEAL PAPERS - Filed Electronically
Click to open document 05/03/2021 INITIAL BRIEF-MERITS PT Airbnb, Inc. BY: PT Joel S. Perwin 316814 Brief of Petitioner Airbnb, Inc.
Click to open document 05/07/2021 MOTION-AMICUS CURIAE NPAC Miami International Arbitration Society BY: NPAC Harout Jack Samra 70523 Motion for Leave of Court to File an Amicus Curiae Brief
Click to open document 05/10/2021 ORDER-AMICUS CURIAE GR 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).
Click to open document 05/12/2021 MOTION-EXT OF TIME (AMICUS CURIAE BRIEF) NPAC Miami International Arbitration Society BY: NPAC Harout Jack Samra 70523 Unopposed Motion for Extension of Time to File Amicus Curiae Brief
Click to open document 05/12/2021 ORDER-EXT OF TIME GR (AMICUS CURIAE) 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.
Click to open document 05/24/2021 MOTION-EXT OF TIME (ANSWER BRIEF-MERITS) RS John Doe (Sc20-1167) BY: RS Thomas J. Seider 86238 Respondents' Unopposed Motion for Extension of Time to Serve Answer Brief on the Merits
Click to open document 05/25/2021 ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS) 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.
Click to open document 05/27/2021 AMICUS CURIAE INITIAL BRIEF-MERITS NPAC Miami International Arbitration Society BY: NPAC Harout Jack Samra 70523 Amicus Curiae Brief of the Miami International Arbitration Society in Support of the Position of the Petitioner, Airbnb, Inc.
Click to open document 06/23/2021 MOTION-EXT OF TIME (ANSWER BRIEF-MERITS) RS John Doe (Sc20-1167) BY: RS Thomas J. Seider 86238 Respondents' Unopposed Motion for Extension of Time to Serve Answer Brief on the Merits
Click to open document 06/24/2021 ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS) 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.
Click to open document 06/30/2021 MOTION-AMICUS CURIAE MR Henry Allen Blair BY: MR Elliott V. Mitchell 118342 Motion for Leave of Court to File Amici Curiae Brief -- Amended motion filed July 1, 2021.
Click to open document 07/01/2021 MOTION-AMICUS CURIAE MR Henry Allen Blair BY: MR Elliott V. Mitchell 118342 AMENDED MOTION FOR LEAVE OF COURT TO FILE AMICI CURIAE BRIEF
Click to open document 07/01/2021 ORDER-AMICUS CURIAE GR 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).
Click to open document 07/09/2021 NOTICE-APPEARANCE RS John Doe (Sc20-1167) BY: RS Torri D. Macarages 1025544
Click to open document 07/09/2021 ANSWER BRIEF-MERITS RS John Doe (Sc20-1167) BY: RS Thomas J. Seider 86238 Answer Brief on Merits
Click to open document 07/14/2021 MOTION-AMICUS CURIAE MR American Association for Justice BY: MR Bryan S. Gowdy 176631 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
Click to open document 07/14/2021 ORDER-AMICUS CURIAE GR 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).
Click to open document 07/14/2021 MOTION-COUNS PRO HAC VICE (FOREIGN COUNSEL) MR American Association for Justice BY: MR Linnet R. Davis-Stermitz Unopposed, Verified Motion for Admission to Appear Pro Hac Vice Pursuant to Florida Rule of General Practice and Judicial Administration 2.510
Click to open document 07/14/2021 PAY PRO HAC VICE FEE-100 MR American Association for Justice BY: MR Linnet R. Davis-Stermitz
Click to open document 07/14/2021 ORDER-COUNSEL PRO HAC VICE GR (FOREIGN COUNSEL) 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.
Click to open document 07/16/2021 AMICUS CURIAE ANSWER BRIEF-MERITS MR Henry Allen Blair BY: MR Elliott V. Mitchell 118342 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
Click to open document 07/19/2021 MOTION-AMICUS CURIAE MR George A. Bermann BY: MR Courtney Brewer 890901 Motion for Leave to File Amicus Brief
Click to open document 07/19/2021 MOTION-EXT OF TIME (AMICUS CURIAE BRIEF) MR George A. Bermann BY: MR Courtney Brewer 890901 Amicus Curiae Professor George Bermann's Unopposed Motion for Extension of Time to Serve Amicus Brief
Click to open document 07/19/2021 ORDER-AMICUS CURIAE GR 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.
Click to open document 07/19/2021 AMICUS CURIAE ANSWER BRIEF-MERITS MR American Association for Justice BY: MR Bryan S. Gowdy 176631 Amici Curiae Brief of the American Association for Justice, the Florida Justice Association, and Public Justice in Support of Respondents
Click to open document 07/26/2021 AMICUS CURIAE ANSWER BRIEF-MERITS MR George A. Bermann BY: MR Courtney Brewer 890901 Amicus Brief of Professor George A. Bermann in Support of Respondents
Click to open document 08/09/2021 MOTION-EXT OF TIME (REPLY BRIEF-MERITS) PT Airbnb, Inc. BY: PT Joel S. Perwin 316814 Petitioner's Agreed Motion for Extension of Time to Serve Reply Brief
Click to open document 08/09/2021 ORDER-EXT OF TIME GR (REPLY BRIEF-MERITS) 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.
Click to open document 08/16/2021 REPLY BRIEF-MERITS PT Airbnb, Inc. BY: PT Joel S. Perwin 316814 Reply Brief of Petitioner Airbnb, Inc.
Click to open document 09/08/2021 ORDER-OA SCHED (PREV ACCEPTED) 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.
11/03/2021 ORAL ARGUMENT HELD
Click to open document 03/31/2022 ORDER-ATTY FEES DY (J/M/O) Respondents' motion for attorneys' fees is hereby denied.
Click to open document 03/31/2022 DISP-QUASHED & REMANDED 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.
Click to open document 04/21/2022 MANDATE
Click to open document 04/22/2022 PUBLISH FULL