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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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10/17/2017
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NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT)
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PT Law Offices Of Herssein And Herssein, P.A. BY: PT Reuven T. Herssein 461504
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& Class of Constitutional Ofcer.
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10/17/2017
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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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10/18/2017
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PAY CASE FILING FEE-300
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PT Law Offices Of Herssein And Herssein, P.A. BY: PT Reuven T. Herssein 461504
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10/18/2017
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Fee Paid Through Portal
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10/19/2017
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JURIS INITIAL BRIEF
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PT Law Offices Of Herssein And Herssein, P.A. BY: PT Reuven T. Herssein 461504
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Petitioners' Brief on Jurisdiction
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10/19/2017
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APPENDIX-JURIS BRIEF
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PT Law Offices Of Herssein And Herssein, P.A. BY: PT Reuven T. Herssein 461504
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Appendix to Petitioners' Brief on Jurisdiction
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10/24/2017
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NOTICE-APPEARANCE
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RS United Services Automobile Association USAA BY: RS Suzanne Y. Labrit 661104
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10/27/2017
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MOTION-STAY (PROCEEDINGS BELOW)
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PT Law Offices Of Herssein And Herssein, P.A. BY: PT Reuven T. Herssein 461504
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11/13/2017
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JURIS ANSWER BRIEF
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RS United Services Automobile Association USAA BY: RS Suzanne Y. Labrit 661104
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Respondent's Answer Brief on Jursidiction
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11/13/2017
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RESPONSE
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RS United Services Automobile Association USAA BY: RS Suzanne Y. Labrit 661104
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Response in Opposition to Petitioners' Motion to Stay Effect of Mandate and Stay Proceedings in the Lower Tribunal
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12/07/2017
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ORDER-STAY PROCEEDINGS BELOW GR
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Petitioners' Motion to Stay Effect of Mandate and Stay Proceedings in the Lower Tribunal filed in the above cause is granted and proceedings in the Third District Court of Appeal and in the Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County, Florida, are hereby stayed pending disposition of the petition for review filed herein.
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12/11/2017
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ORDER-JURIS ACCEPT/BRIEF SCHED (OA LATER DATE)
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The Court accepts jurisdiction of this case.
Petitioner's initial brief on the merits must be served on or before January 2, 2018; respondent's answer brief on the merits must be served twenty days after service of petitioner's initial brief on the merits; and petitioner's reply brief on the merits must be served twenty days after service of respondent's answer brief on the merits.
The Clerk of the Third District Court of Appeal must file the record which must be properly indexed and paginated on or before February 9, 2018. 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 the parties will be notified of the oral argument date approximately sixty days prior to oral argument.
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12/13/2017
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MOTION-OTHER SUBSTANTIVE
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PT Law Offices Of Herssein And Herssein, P.A. BY: PT Reuven T. Herssein 461504
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Petitioners' Emergency Motion to Quash the December 13, 2017 Opinion Issued by the Third District Court of Appeal in Violation of this Court's December 7, 2017 Stay Order
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12/19/2017
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RESPONSE
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RS United Services Automobile Association USAA BY: RS Suzanne Y. Labrit 661104
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Response in Opposition to Petitioners' December 13, 2017 "Emergency Motion" to Quash Third DCA Opinion
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12/19/2017
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APPENDIX-RESPONSE
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RS United Services Automobile Association USAA BY: RS Suzanne Y. Labrit 661104
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Appendix to Response in Opposition to Petitioners' December 13, 2017 Emergency Motion to Quash Third DCA Opinion - Stricken December 21, 2017, in light of filing of amended appendix.
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12/20/2017
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MOTION-APPENDIX AMENDMENT
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RS United Services Automobile Association USAA BY: RS Suzanne Y. Labrit 661104
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Motion for Leave to File Amended Appendix to Response in Opposition to Petitioners' December 13, 2017 "Emergency Motion" to Quash Third DCA Opinion
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12/20/2017
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APPENDIX AMENDED-RESPONSE
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RS United Services Automobile Association USAA BY: RS Suzanne Y. Labrit 661104
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Amended Appendix to Response in Opposition to Petitioners' December 13, 2017 Emergency Motion to Quash Third DCA Opinion
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12/21/2017
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ORDER-APPENDIX AMENDMENT GR
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Respondent's motion to file an amended appendix is hereby granted and the amended appendix to the response was filed with this Court on December 20, 2017. Respondent's appendix which was filed with this Court on December 19, 2017, is hereby stricken.
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12/21/2017
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MOTION-STRIKE
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PT Law Offices Of Herssein And Herssein, P.A. BY: PT Reuven T. Herssein 461504
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Petitioners' Motion to Strike Amended Appendix to Respondent's Response to Emergency Motion to Quash Opinion of Third District Court of Appeal
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12/27/2017
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ORDER-OTHER SUBSTANTIVE DY
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Petitioners' Emergency Motion to Quash the December 13, 2017 Opinion Issued by the Third District Court of Appeal in case numbers 3D17-1457,
3D17-1500, and 3D17-1527 is hereby denied because the opinion did not violate this Court's stay order in SC17-1848.
On December 7, 2017, in SC17-1848, this Court issued an order granting Petitioners' motion to stay the effect of the mandate of the August 23, 2017 opinion issued by the Third District in case number 3D17-1421, to stay proceedings in the Third District in case number 3D17-1421, and to stay proceedings in the Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County, Florida, in case number 132015CA015825000001 pending disposition of the petition for review filed here in SC17-1848. On December 11, 2017, this Court issued an order accepting jurisdiction and scheduling briefing.
The Petitioners' motion to stay filed in this Court in SC17-1848, which this Court granted, did not reference any other proceedings pending in the Third District or any other Third District case numbers beside case number 3D17-1421. Because Petitioners did not seek to stay the other pending proceedings in the Third District, none were addressed by the Court, and no stay was entered pertaining to them. Accordingly, any parties may file motions or petitions for review in the Third District or this Court relating to the December 13, 2017 opinion by the Third District.
This Court's December 7, 2017 stay of proceedings in the circuit court in case number 132015CA015825000001 remains in effect.
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12/27/2017
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ORDER-STRIKE DY
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Petitioners' Motion to Strike Amended Appendix to Respondent's Response to Emergency Motion to Quash Opinion of Third District Court of Appeal is hereby denied.
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01/02/2018
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INITIAL BRIEF-MERITS
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PT Law Offices Of Herssein And Herssein, P.A. BY: PT Reuven T. Herssein 461504
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Petitioners' Brief on the Merits - Stricken January 3, 2018, in light of filing of amended brief.
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01/02/2018
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APPENDIX-MERIT BRIEF
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PT Law Offices Of Herssein And Herssein, P.A. BY: PT Reuven T. Herssein 461504
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Appendix to Petitioners' Brief on the Merits -- Stricken January 2, 2018, for non-compliance. Page numbers displayed by the PDF reader do not exactly match the document pagination.
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01/02/2018
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ORDER-APPENDIX STRICKEN
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Petitioners' appendix does not comply with Florida Rule of Appellate Procedure 9.220 and is hereby stricken. Petitioners are directed to file, within five days from the date of this order, an amended appendix as a separate PDF document. Per rule 9.220, the amended appendix must be properly bookmarked, indexed, and consecutively paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index.
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01/03/2018
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APPENDIX-AMENDED-MERIT BRIEF
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PT Law Offices Of Herssein And Herssein, P.A. BY: PT Reuven T. Herssein 461504
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Petitioners' Amended Appendix to Brief on the Merits
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01/03/2018
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MOTION-BRIEF AMENDMENT
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PT Law Offices Of Herssein And Herssein, P.A. BY: PT Reuven T. Herssein 461504
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Petitioners' Motion for Leave to File an Amended Brief on the Merits to Correct Citations to the Amended Appendix
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01/03/2018
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INITIAL AMD BRIEF-MERITS
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PT Law Offices Of Herssein And Herssein, P.A. BY: PT Reuven T. Herssein 461504
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Petitioners' Amended Brief on the Merits
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01/03/2018
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ORDER-BRIEF AMENDMENT GR
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Petitioners' Motion for Leave to File an Amended Brief on the Merits to Correct Citations to the Amended Appendix is granted and said amended brief was filed with this Court on January 3, 2018.
Petitioners' Brief on the Merits filed with this Court on January 2, 2018, is hereby stricken.
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01/10/2018
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MOTION-AMICUS CURIAE
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MP Christina Paylan BY: MP Christina Paylan
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Motion for Leave to File Amicus Curiae Brief on Behalf of Petitioners
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01/11/2018
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ORDER-AMICUS CURIAE DY W/O PREJUDICE
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The motion for leave to file brief of amicus curiae filed in the above cause by Christina Paylan on behalf of petitioners is hereby denied without prejudice to refile with the position of the parties.
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01/11/2018
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MOTION-AMICUS CURIAE
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MP Christina Paylan BY: MP Christina Paylan
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Amended Motion for Leave to File Amicus Curiae Brief on Behalf of Petitioners
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01/11/2018
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ORDER-AMICUS CURIAE GR
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The amended motion for leave to file brief as amicus curiae filed by Christina Paylan is hereby granted and she is allowed to file brief only in support of petitioners. 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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01/16/2018
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AMICUS CURIAE INITIAL BRIEF-MERITS
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MP Christina Paylan BY: MP Christina Paylan
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Brief of Amicus Curiae Brief on Behalf of Petitioners
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01/26/2018
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ANSWER BRIEF-MERITS
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RS United Services Automobile Association USAA BY: RS Suzanne Y. Labrit 661104
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Respondent's Answer Brief on the Merits ***STRICKEN ON 2/1/18***
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01/26/2018
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APPENDIX-MERIT BRIEF
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RS United Services Automobile Association USAA BY: RS Suzanne Y. Labrit 661104
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Appendix to Respondent's Answer Brief on the Merits ***STRICKEN ON 2/1/18***
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02/01/2018
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RECORD
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Mary Cay Blanks BY: Mary Cay Blanks
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Record on Appeal. Filed electronically.
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02/01/2018
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MOTION-BRIEF AMENDMENT
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RS United Services Automobile Association USAA BY: RS Suzanne Y. Labrit 661104
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RESPONDENT'S MOTION FOR LEAVE TO FILE AN AMENDED ANSWER BRIEF ON THE MERITS TO CORRECT CITATIONS TO RECORD ON APPEAL
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02/01/2018
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ORDER-BRIEF AMENDMENT GR
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Respondent's motion to file an amended answer brief is granted and said amended brief shall be filed with this Court by February 2, 2018.
Respondent's answer brief and appendix to answer brief filed with this Court on January 26, 2018, are hereby stricken.
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02/01/2018
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ANSWER AMD BRIEF-MERITS
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RS United Services Automobile Association USAA BY: RS Suzanne Y. Labrit 661104
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RESPONDENT'S AMENDED ANSWER BRIEF ON THE MERITS
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02/01/2018
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APPENDIX-MERIT BRIEF
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RS United Services Automobile Association USAA BY: RS Suzanne Y. Labrit 661104
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APPENDIX TO RESPONDENT'S AMENDED ANSWER BRIEF
ON THE MERITS
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02/08/2018
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NOTICE-SUPPLEMENTAL AUTHORITY
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RS United Services Automobile Association USAA BY: RS Suzanne Y. Labrit 661104
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Respondent's Notice of Supplemental Authority
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02/12/2018
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REPLY BRIEF-MERITS
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PT Law Offices Of Herssein And Herssein, P.A. BY: PT Reuven T. Herssein 461504
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Petitioners' Reply Brief on the Merits
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02/12/2018
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MOTION-ATTORNEYS FEES
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PT Law Offices Of Herssein And Herssein, P.A. BY: PT Reuven T. Herssein 461504
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Petitioner's Motion for Appellate Attorney's Fees
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02/14/2018
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RESPONSE
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RS United Services Automobile Association USAA BY: RS Suzanne Y. Labrit 661104
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Respondent's Response in Opposition to Petitioners' Motion for Appellate Attorney's Fees
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02/20/2018
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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., Thursday, June 7, 2018.
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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05/18/2018
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NOTICE-SUPPLEMENTAL AUTHORITY
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PT Law Offices Of Herssein And Herssein, P.A. BY: PT Maury L. Udell 121673
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PETITIONERS' NOTICE OF SUPPLEMENTAL AUTHORITY
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05/31/2018
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NOTICE-SUPPLEMENTAL AUTHORITY
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RS United Services Automobile Association USAA BY: RS Suzanne Y. Labrit 661104
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06/07/2018
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ORAL ARGUMENT HELD
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06/08/2018
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REQUEST-JUDICIAL NOTICE
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MP Christina Paylan BY: MP Christina Paylan
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07/12/2018
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ORDER-REQ JUDICIAL NOTICE DY
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Christina Paylan, M.D.'s request for judicial notice is hereby denied.
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11/15/2018
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ORDER-ATTY FEES DY (J/M/O)
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Petitioners' motion for attorney's fees is hereby denied.
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11/15/2018
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DISP-APPROVED
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FSC-OPINION: We approve Herssein and disapprove Domville. It is so ordered.
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11/20/2018
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MOTION-REHEARING
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PT Law Offices Of Herssein And Herssein, P.A. BY: PT Reuven T. Herssein 461504
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PETITIONERS' MOTION FOR REHEARING
AND FOR CLARIFICATION
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11/21/2018
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MOTION-REHEARING
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MP Christina Paylan BY: MP Christina Paylan
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MOTION FOR REHEARING AND
MOTION FOR CLARIFICATION
BY AMICUS **Stricken 11/28/18, as unauthorized.**
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11/26/2018
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MOTION-REHEARING ON MISC ORDER
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PT Law Offices Of Herssein And Herssein, P.A. BY: PT Reuven T. Herssein 461504
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PETITIONER'S MOTION FOR REHEARING ON PETITIONER'S
MOTION FOR APPELLATE ATTORNEY'S FEES AND COSTS
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11/28/2018
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DISP-REHEARING/REINST STRICKEN (UNAUTHORIZED)
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Amicus curiae Christina Paylan's Motion for Rehearing and Motion for Clarification by Amicus is hereby stricken as unauthorized.
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11/29/2018
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RESPONSE
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RS United Services Automobile Association USAA BY: RS Suzanne Y. Labrit 661104
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RESPONDENT'S RESPONSE IN OPPOSITION TO PETITIONERS'
MOTION FOR REHEARING AND FOR CLARIFICATION
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11/29/2018
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RESPONSE
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RS United Services Automobile Association USAA BY: RS Amy M. Wessel 93837
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RESPONDENT'S RESPONSE IN OPPOSITION TO PETITIONERS' MOTION FOR REHEARING ON APPELLATE ATTORNEY'S FEES
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12/12/2018
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DISP-REHEARING DY
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Petitioners' Motion for Rehearing and for Clarification is hereby denied.
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12/12/2018
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ORDER-OTHER SUBSTANTIVE DY
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Petitioner Law Offices of Herssein and Herssein, P.A.'s Motion for Rehearing on Petitioner's Motion for Appellate Attorney's Fees and Costs is hereby denied.
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12/21/2018
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PUBLISH FULL
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01/03/2019
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MANDATE
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