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United States Court Cases

Florida Fourth District Court Of Appeals

FREDERIC GUTTENBERG et al vs SMITH & WESSON CORP

Date Docketed Description Filed By Notes
08/02/2021 Notice of Appeal Filed Stephen F. Rosenthal 0131458
08/02/2021 Acknowledgment Letter
08/02/2021 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 required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes, is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY. ORDERED that appellant shall pay the $300.00 filing fee or file the lower tribunal 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 lower tribunal clerk's determination of indigent status is filed.
08/02/2021 Acknowledgment Letter **AMENDED**
08/02/2021 Case Filing Fee Paid Through Portal
08/06/2021 Affidavit OF THE CLERK
08/06/2021 Notice of Appeal Filed Clerk Broward CC01
09/10/2021 Received Records Clerk Broward CC01 (515 PAGES)
09/14/2021 Motion To File Supplemental Record Stephen F. Rosenthal 0131458 **STRICKEN**
09/15/2021 Stricken - No or Noncompliant Cert. of Service ORDERED that appellants’ September 14, 2021 motion is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that there is no certificate of service or the certificate of service does not comply in substance with the requirements of Florida Rule of General Practice and Judicial Administration 2.516(f).
09/17/2021 Motion To File Supplemental Record Stephen F. Rosenthal 0131458 CORRECTED.
09/20/2021 Order Granting Motion to Supplement the Record ORDERED that appellants’ September 17, 2001 motion to supplement the record is granted. The material requested in the motion shall be included in the record on appeal. The clerk of the lower tribunal shall prepare and file the supplemental material in this court within ten (10) days from the date of this order. Appellants shall monitor the supplementation process.
09/21/2021 Notice of Appearance Daniel Brandon Rogers 0195634
09/22/2021 Notice of Appearance William P. Geraghty 0089508
09/22/2021 Notice of Appearance Michael Polatsek
09/23/2021 Supplemental Records Clerk Broward CC01 (182 PAGES)
10/05/2021 Notice of Agreed Extension - Initial Brief Stephen F. Rosenthal 0131458
10/05/2021 Recognizing Agreed Extension of Time 40 DAYS TO 11/17/21.
11/17/2021 Initial Brief on Merits Stephen F. Rosenthal 0131458
12/08/2021 Notice of Agreed Extension - Answer Brief Daniel Brandon Rogers 0195634
12/08/2021 Recognizing Agreed Extension of Time 60 DAYS TO 2/15/22.
12/08/2021 Notice of Agreed Extension - Answer Brief Armando P Rubio 0478539 SUNRISE TACTICAL SUPPLY
12/08/2021 Recognizing Agreed Extension of Time 60 DAYS TO 2/15/22.
02/08/2022 Notice of Agreed Extension - Answer Brief Daniel Brandon Rogers 0195634 SMITH & WESSON'S
02/08/2022 Recognizing Agreed Extension of Time 21 DAYS TO 3/8/22.
03/08/2022 Appellee's Answer Brief Daniel Brandon Rogers 0195634 SMITH & WESSON'S
03/08/2022 Notice Armando P Rubio 0478539 APPELLEE, SUNRISE TACTICAL SUPPLY, LLC'S JOINDER & ADOPTION OF SMITH & WESSON CORP.'S ANSWER BRIEF
04/04/2022 Notice of Agreed Extension - Reply Brief Stephen F. Rosenthal 0131458
04/04/2022 Recognizing Agreed Extension of Time 15 DAYS TO 4/22/22.
04/21/2022 Appellant's Reply Brief Stephen F. Rosenthal 0131458
04/21/2022 Request for Oral Argument
05/18/2022 ORD-Setting Oral Argument This case is set for Oral Argument on July 12, 2022, at 10:00 A.M. for 15 minutes per side, in person at the Broward County Courthouse, 201 SE 6th Street, Courtroom 17150, Fort Lauderdale, Florida. 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 www.4dca.org. 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. Within seven (7) days from the date of this order, either side may file a motion for remote oral argument, which, if granted, would take place on the same week as the currently scheduled in-person oral argument, with the date and time to be set by further order of this court. Before filing the motion, the moving party shall confer with the opposing side to ascertain whether the opposing side agrees to a remote oral argument. The motion shall state: (1) the reasons why remote oral argument is requested; and (2) whether the opposing side consents to a remote oral argument. If the motion is opposed, then the opposing side shall file a response to the motion within three (3) days after the filing of the motion. No extensions of time to file the motion or response will be permitted, absent extraordinary circumstances. If the court grants the motion for remote oral argument, the argument will take place via Zoom video conference and all judges and attorneys will appear remotely.
07/12/2022 Oral Argument Date Set 4DCA
07/27/2022 Motion For Substitution of Counsel Christopher Oprison