Doc.
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Date Docketed
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Description
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Filed by
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Notes
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09/30/2009
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NOTICE-APPEAL (BOND VALID)
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AA Miccosukee Tribe Of Indians Of Florida TRIBE BY: WD Dexter W. Lehtinen 265551
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W/ATTACHMENTS (UNCERTIFIED COPY REC'D 09/29/2009)
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10/01/2009
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Filing Fee $300
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2009 - 1011945 Amount: $300
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10/01/2009
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Fee Paid In Full - $300
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10/01/2009
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ORDER-HIGH PROFILE
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Because of significant public and media interest in this matter, counsel for the parties are directed to hereafter file an original and eight copies of all pleadings filed with this Court. 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 documents, including any attachments and appendices, in an electronic format as required by the provisions of that order. FOR GENERAL FILING INFORMATION AND ADMINISTRATIVE ORDER NO. AOSC04-84, PLEASE VISIT THE CLERK'S OFFICE WEBSITE AT http://www.floridasupremecourt.org/clerk/index.shtml.
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10/01/2009
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MOTION-EXPEDITE
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AE South Florida Water Management District BY: AE Christine E. Lamia 745103
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ITS REVIEW OF THE LOWER COURT VALIDATION JUDGMENT BY REQUIRING THE PARTIES TO ADHERE TO THE BRIEFING AND APPENDIX SCHEDULE AS PROVIDED IN RULE 9.110(i) AND EXPEDITING THE REVIEW PROCESS FOR A SPEEDY RESOLUTION (& E-MAIL) - SEE ORDER DATED 10/21/2009: DENIED
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10/05/2009
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MOTION-OTHER SUBSTANTIVE
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AA Miccosukee Tribe Of Indians Of Florida TRIBE BY: WD Dexter W. Lehtinen 265551
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FILED AS "MOTION TO ORDER TRANSMISSION OF RECORD AND TO SET BRIEFING SCHEDULE (0&1 & E-MAIL) - SEE ORDER DATED 10/21/2009: DENIED
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10/06/2009
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RESPONSE
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AE South Florida Water Management District BY: AE Christine E. Lamia 745103
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IN OPPOSITION TO MICCOSUKEE TRIBE OF INDIANS OF FLORIDA'S MOTION TO ORDER TRANSMISSION OF RECORD AND TO SET BRIEFING SCHEDULE (& E-MAIL)
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10/07/2009
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RESPONSE
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AA Miccosukee Tribe Of Indians Of Florida TRIBE BY: WD Dexter W. Lehtinen 265551
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OF APPELLANT MICCOSUKEE TRIBE OF INDIANS OF FLORIDA TO APPELLEE, SOUTH FLORIDA WATER MANAGEMENT DISTRICT'S MOTION TO EXPEDITE REVIEW (RESPONSE DOES NOT HAVE AN ORIGINAL SIGNATURE) (4 COPIES & E-MAIL FILED W/ATTACHMENT)
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10/08/2009
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Cross Notice
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2009 - 1011991 Amount: $295
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10/08/2009
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NOTICE-APPEAL (CROSS)
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AE South Florida Water Management District BY: AE Frank S. Bartolone 236209
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**WITHDRAWN** - SEE PAGE 6 OF SFWMD'S CONSOL ANSWER BRIEF FILED 11/03/2009
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10/09/2009
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NOTICE-RELATED CASE(S)
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AE South Florida Water Management District BY: AE Christine E. Lamia 745103
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O&8 (E-MAIL)
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10/09/2009
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RESPONSE
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IT2 Audubon Of Florida BY: IT2 Edwin Thom Rumberger 69480
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INTERVENORS' OBJECTION AND RESPONSE IN OPPOSITION TO MICCOSUKEE TRIBE OF INDIANS OF FLORIDA'S MOTION TO ORDER TRANSMISSION OF RECORD AND TO SET BRIEFING SCHEDULE (O&8 & E-MAIL)
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10/14/2009
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INITIAL BRIEF-MERITS
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AA Miccosukee Tribe Of Indians Of Florida TRIBE BY: WD Dexter W. Lehtinen 265551
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O&8 & E-MAIL & CD (MICCOSUKEE TRIBE OF INDIANS)
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10/14/2009
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APPENDIX
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AA Miccosukee Tribe Of Indians Of Florida TRIBE BY: WD Dexter W. Lehtinen 265551
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TO INITIAL BRIEF-MERITS (SHARED W/CASE NO. SC09-1818) O&8 & CD (CONSISTING OF 30 VOLUMES - COPIES CONSISTING OF 9 SETS OF BOXES W/ 2 BOXES FOR EACH SET - TOTAL OF 18 BOXES) - SEE ORDER DATED 10/21/2009: GRANTED
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10/16/2009
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RESPONSE
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AA Miccosukee Tribe Of Indians Of Florida TRIBE BY: WD Dexter W. Lehtinen 265551
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OF APPELLANT MICCOSUKEE TRIBE OF INDIANS OF FLORIDA TO APPELLEE, SOUTH FLORIDA WATER MANAGEMENT DISTRICT'S NOTICE OF RELATED CASES (O&8 & E-MAIL)
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10/19/2009
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MOTION-OTHER SUBSTANTIVE
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AA Miccosukee Tribe Of Indians Of Florida TRIBE BY: WD Dexter W. Lehtinen 265551
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FILED AS "MICCOSUKEE TRIBE OF INDIANS OF FLORIDA'S AND NEW HOPE SUGAR COMPANY'S AND OKEELANTA CORPORATION'S JOINT MOTION TO FILE JOINT APPENDIX" (O&8 & E-MAIL) - SEE ORDER DATED 10/21/2009: GRANTED
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10/19/2009
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REPLY TO RESPONSE
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AA Miccosukee Tribe Of Indians Of Florida TRIBE BY: WD Dexter W. Lehtinen 265551
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FILED AS "REPLY OF APPELLANT MICCOSUKEE TRIBE OF INDIANS OF FLORIDA TO INTERVENOR FLORIDA AUDUBON SOCIETY'S 'RESPONSE IN SUPPORT OF MOTION TO EXPEDITE REVIEW' " (O&8 & E-MAIL) - SEE ORDER DATED 10/21/2009: **STRICKEN AS UNAUTHORIZED
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10/20/2009
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MOTION-CONSOLIDATION
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AE South Florida Water Management District BY: AE Jason Mark Breth 40742
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(UNOPPOSED) WITH SC09-1818 (0&8 & E-MAIL)
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10/21/2009
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ORDER-CONSOLIDATION GR
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South Florida Water Management District's Unopposed Motions to Consolidate filed in the above cases is hereby granted and said cases are hereby consolidated for all appellate purposes. Miccosukee Tribe of Indians of Florida's and New Hope Sugar Company's, and Okeelanta Corporation's Joint Motion to File Joint Appendix is hereby granted and said Appendix was filed with this Court on October 14, 2009.
Miccosukee Tribe of Indians of Florida's Motion to Order Transmission of Record and to Set Briefing Schedule is hereby denied. South Florida Water Management District's Motion to Accept Cross-Appeal in Case No. SC09-1818 is hereby granted. South Florida Water Management District's Motion to Expedite Review is hereby denied. Reply of Miccosukee Tribe of Indians of Florida to Intervenor Florida Audubon Society's "Response in Support of Motion to Expedite Review" and New Hope Sugar Company and Okeelanta Corporation's Reply to Intervenors' Response in Support of SFWMD's Motion to Expedite and Reply to South Florida Water Management District's Response in Opposition to New Hope's Emergency Motion to Stay are hereby stricken as unauthorized.
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10/29/2009
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MOTION-AMICUS CURIAE
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ME Florida Association Of District School Superintendents, Inc. BY: ME Major B. Harding 33657
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O&8 & E-MAIL
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11/02/2009
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ANSWER BRIEF-MERITS
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AE South Florida Water Management District BY: AE Frederick J. Springer 982164
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O&8 & E-MAIL (2 BOXES CONTAINING COPIES OF BRIEF & APP) **BRIEF STRICKEN - SEE 11/24/2009 ORDER)
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11/02/2009
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APPENDIX
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AE South Florida Water Management District BY: AE Frederick J. Springer 982164
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TO SFWM ANSWER BRIEF-MERITS (O&8 & CD) (VOLS 31 - 33)
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11/02/2009
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ANSWER BRIEF-MERITS
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IT2 Audubon Of Florida BY: IT2 Edwin Thom Rumberger 69480
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(CONOLIDATED) O&8 & E-MAIL (1 BOX CONTAINING COPIES OF BRIEF & APP)
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11/02/2009
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APPENDIX
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IT2 Audubon Of Florida BY: IT2 Edwin Thom Rumberger 69480
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O&8 & CD
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11/03/2009
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MOTION-BRIEF AMENDMENT
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AE South Florida Water Management District BY: AE Jason Mark Breth 40742
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O&8 & E-MAIL
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11/03/2009
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ANSWER AMD BRIEF-MERITS
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AE South Florida Water Management District BY: AE Frederick J. Springer 982164
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(CONSOLIDATED) O&8 & E-MAIL
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11/05/2009
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AMICUS CURIAE ANSWER BRIEF-MERITS
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ME Florida School Board Association, Inc. BY: ME Robert L. Nabors 97421
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(CONSOLIDATED) W/APPENDIX (O&8 & E-MAIL)
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11/05/2009
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NOTICE-FILING
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ME Florida School Board Association, Inc. BY: ME Robert L. Nabors 97421
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AMICI CURIAE BRIEF OF FLORIDA SCHOOL BOARDS ASSOC AND FLORIDA ASSOC OF DISTRICT SCHOOL SUPERINTENDENTS, INC. (O&8 & E-MAIL)
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11/06/2009
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RESPONSE
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AA Miccosukee Tribe Of Indians Of Florida TRIBE BY: WD Dexter W. Lehtinen 265551
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OF APPELLANT MICCOSUKEE TRIBE OF INDIANS OF FLORIDA IN OPPOSITION TO FLORIDA SCHOLL BOARD ASSOCIATION'S AND FLORIDA ASSOCIATION OF DISTRICT SCHOOL SUPERINTENDENTS, INC.'S MOTION FOR LEAVE TO FILE AMICI CURIAE BRIEF (0&8 & E-MAIL)
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11/06/2009
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ANSWER BRIEF-MERITS
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IT2 Office of the State Attorney, Fifteenth Judicial Circuit BY: IT2 Maureen Hackett Ackerman 260551
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W/APPENDIX (0&8) & E-MAILED "PDF" FORMAT (11/12/09: E-MAILED WORD) **STRICKEN - SEE 11/13/2009 ORDER**
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11/09/2009
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MOTION-BRIEF AMENDMENT
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IT2 Office of the State Attorney, Fifteenth Judicial Circuit BY: IT2 Maureen Hackett Ackerman 260551
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O&8 (NOT E-MAILED) 11/10/09: REQ'D E-MAIL
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11/09/2009
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ANSWER AMD BRIEF-MERITS
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IT2 Office of the State Attorney, Fifteenth Judicial Circuit BY: IT2 Maureen Hackett Ackerman 260551
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O&8 (11/12/09: E-MAILED) **STRICKEN - SEE 11/13/2009 ORDER**
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11/12/2009
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MOTION-BRIEF AMENDMENT
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IT2 Office of the State Attorney, Fifteenth Judicial Circuit BY: IT2 Maureen Hackett Ackerman 260551
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(2ND) ORIG ONLY (NOT E-MAILED) 11/10/09: REQ'D 8 COPIES AND E-MAIL (11/18/2009: 8 COPIES FILED)
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11/12/2009
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ANSWER AMD BRIEF-MERITS
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IT2 Office of the State Attorney, Fifteenth Judicial Circuit BY: IT2 Maureen Hackett Ackerman 260551
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(CONSOLIDATED) (2ND) W/APPENDIX - ORIG ONLY (& E-MAIL) 11/12/09: REQ'D 8 COPIES (11/18/2009: 8 COPIES FILED)
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11/13/2009
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ORDER-BRIEF AMENDMENT GR
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State Attorney's unopposed motion to file amended answer brief and unopposed motion for leave to file second amended answer brief are granted and said amended answer brief was filed with this Court on November 9, 2009, and said second amended answer brief was filed with this Court on November 12, 2009. State Attorney's answer brief filed with this Court on November 6, 2009 and amended answer brief filed November 9, 2009, are hereby stricken.
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11/24/2009
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ORDER-BRIEF AMENDMENT GR
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The District's Unopposed Motion for Leave to File Amended Consolidated Answer Brief is granted and said amended consolidated answer brief was filed with this Court on November 3, 2009. The District's consolidated answer brief filed with this Court on November 2, 2009, is hereby stricken.
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11/24/2009
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MOTION-OTHER SUBSTANTIVE
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Gabriel Ernesto Nieto 147559 BY: Gabriel Ernesto Nieto 147559
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FILED AS "MOTION OF NEW HOPE AND OKEELANTA TO SUBMIT A CONSOLIDATED REPLY BRIEF OF UP TO 45 PAGES" (O&8 & E-MAIL) - (11/30/2009: AMENDED MOTION FILED (O&8 & E-MAIL))
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11/30/2009
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ORDER-AMICUS CURIAE GR
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Florida School Boards Association, Inc., and Florida Association of District School Superintendents, Inc., Motion for Leave to File Amici Curiae Brief is hereby granted and they are allowed to file brief only in support of Appellee/Cross-Appellants. The brief by the above referenced amicus curiae was filed with this Court on November 5, 2009. (12/03/2009: order corrected showing in support of Appellee/Cross-Appellants).
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12/01/2009
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REPLY BRIEF-MERITS
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AA Miccosukee Tribe Of Indians Of Florida TRIBE BY: WD Dexter W. Lehtinen 265551
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O&8 & E-MAIL (MICCOSUKEE TRIBE OF INDIANS)
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12/22/2009
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ORDER-OTHER SUBSTANTIVE GR
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The Amended Motion of New Hope and Okeelanta to Submit a Consolidated Reply Brief of Up to 30 Pages is hereby granted and said consolidated reply brief was filed with this Court on December 1, 2009.
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01/11/2010
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REQUEST-ORAL ARGUMENT
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Joseph P. Klock, Jr. 156678 BY: Joseph P. Klock, Jr. 156678
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O&8 & E-MAIL
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01/12/2010
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MOTION-EXPEDITE
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AE South Florida Water Management District BY: AE Jason Mark Breth 40742
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(O&8 & E-MAIL) FILED AS "DISTRICT'S SUGGESTION TO EXPEDITE AND DISPENSE WITH ORAL ARGUMENT"
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01/19/2010
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RESPONSE
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AA Miccosukee Tribe Of Indians Of Florida TRIBE BY: WD Dexter W. Lehtinen 265551
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FILED AS "MICCOSUKEE TRIBE OF INDIANS OF FLORIDA'S CONSOLIDATED RESPONSE IN OPPOSITION TO DISTRICT'S SUGGESTION TO EXPEDITE AND DISPENSE WITH ORAL ARGUMENT, AND RESPONSE IN SUPPORT OF APPELLANT NEW HOPE'S REQUEST FOR ORAL ARGUMENT" (0&1 & E-MAIL) - REQ'D 7 COPIES - (01/21/2010: 7 COPIES FILED)
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01/19/2010
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ORDER-EXPEDITE DY
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The District's Suggestion to Expedite and Dispense with Oral Argument is hereby denied.
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02/01/2010
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ORDER-OA SCHED
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The above case is hereby scheduled for oral argument at 9:00 a.m., Wednesday, April 7, 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.
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02/01/2010
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ORAL ARGUMENT CALENDAR
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03/25/2010
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APPENDIX
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AE South Florida Water Management District BY: AE Christine E. Lamia 745103
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SUPPLEMENTAL APPENDIX VOLUMES 34 & 35 (CONSISTING OF MASTER LEASE PURCHASE AGREEMENT & MASTER TRUST AGREEMENT) & E-MAIL
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04/05/2010
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NOTICE-SUPPLEMENTAL AUTHORITY
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AA Miccosukee Tribe Of Indians Of Florida TRIBE BY: WD Dexter W. Lehtinen 265551
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(APRIL 1, 2010) O&7 & E-MAIL (**STRICKEN* - SEE ORDER DATED 11/18/2010)
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04/05/2010
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LETTER-CANON NOTIFICATION RE: JUSTICE
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JUSTICE CANADY & THOMAS D. HALL (RESPONSES DUE 04/06/10)
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04/05/2010
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MOTION-OTHER SUBSTANTIVE
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Joseph P. Klock, Jr. 156678 BY: Joseph P. Klock, Jr. 156678
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(W/ATTACHMENTS) FILED AS "NOTICE OF ORDER IN RELATED CASE AND SUGGESTION OF MOOTNESS" (O&8) (NOT E-MAILED) 05/06/10: REQ'D E-MAIL
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04/06/2010
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MOTION-STRIKE
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AE South Florida Water Management District BY: AE Christine E. Lamia 745103
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APPELLANTS' NOTICE OF SUPPLEMENTAL AUTHORITY, NOTICE OF ORDER IN RELATED CASES AND SUGGESTION OF MOOTNESS (O&8 & E-MAIL)
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04/07/2010
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ORAL ARGUMENT HELD
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08/16/2010
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STATUS REPORT
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AE South Florida Water Management District BY: AE Randall W. Hanna 398063 (O&10 & E-MAIL)
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09/03/2010
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RESPONSE
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AA Miccosukee Tribe Of Indians Of Florida TRIBE BY: AA Sonia Escobio O'Donnell 250643
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FILED AS "MICCOSUKEE TRIBE OF INDIANS OF FLORIDA'S RESPONSE TO APPELLEE'S STATUS UPDATE" O&8 & E-MAIL
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09/03/2010
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MOTION-COUNS SUBSTITUTION
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AA Miccosukee Tribe Of Indians Of Florida TRIBE BY: AA Sonia Escobio O'Donnell 250643
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O&8 & E-MAIL
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09/10/2010
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NOTICE-WITHDRAWAL
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AA Miccosukee Tribe Of Indians Of Florida TRIBE BY: WD Dexter W. Lehtinen 265551
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FILED AS "NOTICE OF WITHDRAWAL OF THE LAW FIRM OF LEHTINEN RIEDI BROOKS MONCARZ, P.A., AS COUNSEL FOR PLAINTIFF MICCOSUKEE TRIBE OF INDIANS OF FLORIDA" (O&3 & E-MAIL)
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09/14/2010
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ORDER-COUNS SUBSTITUTION GR
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The motion for substitution of counsel is hereby granted and Sonia Escobio O'Donnell, Esq, and the law firm of Jorden Burt LLP is hereby substituted as counsel for Appellant, Miccosukee Tribe of Indians of Florida.
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11/18/2010
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ORDER-STRIKE GR
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South Florida Water Management District's Motion to Strike Notice of Supplemental Authority, Notice of Order in Related Case and Suggestion of Mootness is hereby granted and the Miccosukee Tribe of Indians of Florida's Notice of Supplemental Authority (April 1, 2010), and New Hope Sugar Company and Okeelanta Corporation's Notice of Order in Related Case and Suggestion of Mootness are stricken.
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11/18/2010
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DISP-AFFIRMED/REVERSED IN PART
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Accordingly, we affirm in part and reverse in part the circuit court's order of final judgment validating $650 million in certificates of participation to finance the land acquisition.
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12/02/2010
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WEST CORRESPONDENCE
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CORRECTED OPINION - On page 48, added additional counsel previously omitted for appellees.
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12/09/2010
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MANDATE
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CC: COUNSEL
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02/17/2011
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ARCHIVES
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File
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