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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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10/27/2008
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NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT)
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PT Custer Medical Center BY: PT Marlene S. Reiss 864048
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(TWO CERTIFIED COPIES FILED 10/27/2008)
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10/27/2008
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JURIS INITIAL BRIEF
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PT Custer Medical Center BY: PT Marlene S. Reiss 864048
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W/APPENDIX (O&5 AND E-MAIL) (REC'D 10/20/2008)
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10/30/2008
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Filing Fee $300
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2008 - 1009765 Amount: $300
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10/30/2008
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Fee Paid In Full - $300
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11/07/2008
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JURIS ANSWER BRIEF
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RS United Automobile Insurance Company UAIC BY: RS Michael J. Neimand 239437
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W/APPENDIX (O&7 & E-MAIL)
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12/10/2008
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MOTION-APPENDIX SUPPLEMENTATION
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PT Custer Medical Center BY: PT Marlene S. Reiss 864048
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W/ATTACHMENTS (O&7)
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12/12/2008
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RESPONSE
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RS United Automobile Insurance Company UAIC BY: RS Michael J. Neimand 239437
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TO PETITIONER'S MOTION TO SUPPLEMENT APPENDIX TO JURISDICTIONAL BRIEF (O&5)
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12/17/2008
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ORDER-APPENDIX SUPPLEMENTATION GR
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Petitioner's Motion to Supplement Appendix to Jurisdictional Brief filed with this Court on December 10, 2008, is granted and the attachment to said motion is hereby treated as a supplement to petitioner's appendix filed with this Court on October 27, 2008.
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08/31/2009
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ORDER-NO REQ&BRIEF SCHED/JURIS ACCEPTED
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The Court accepts jurisdiction and dispenses with oral argument pursuant to Florida Rule of Appellate Procedure 9.320.
Petitioner's brief on the merits shall be served on or before September 25, 2009; 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 Third District Court of Appeal shall file the original record which shall be properly indexed and paginated on or before November 2, 2009. The record shall include the briefs filed in the district court separately indexed.
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09/24/2009
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MOTION-EXT OF TIME (INITIAL BRIEF-MERITS)
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PT Custer Medical Center BY: PT Marlene S. Reiss 864048
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09/24/2009
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ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS)
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10/16/2009
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INITIAL BRIEF-MERITS
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PT Custer Medical Center BY: PT Marlene S. Reiss 864048
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O&7 & E-MAIL (NO APPENDIX)
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10/19/2009
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MOTION-ORAL ARGUMENT RECONSIDER
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PT Custer Medical Center BY: PT Marlene S. Reiss 864048
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O&7 FILED AS "PETITIONER'S REQUEST FOR ORAL ARGUMENT"
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10/19/2009
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MOTION-ATTORNEYS FEES
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PT Custer Medical Center BY: PT Marlene S. Reiss 864048
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10/29/2009
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RECORD/TRANSCRIPT
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Mary Cay Blanks BY: Mary Cay Blanks
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CERT. OF CLERK, 1 VOL. CC PAPERS, & 2 VOLS. RECORD
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11/04/2009
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MOTION-EXT OF TIME (ANSWER BRIEF-MERITS)
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RS United Automobile Insurance Company UAIC BY: RS Michael J. Neimand 239437
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11/05/2009
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ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS)
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11/05/2009
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ORDER-ORAL ARGUMENT RECONSIDER DY
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Petitioner's "Request for Oral Argument" has been treated as a motion for reconsideration of oral argument and said motion is hereby denied.
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12/10/2009
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ANSWER BRIEF-MERITS
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RS United Automobile Insurance Company UAIC BY: RS Michael J. Neimand 239437
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W/APPENDIX (O&7 & E-MAIL)
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12/23/2009
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MOTION-EXT OF TIME (REPLY BRIEF-MERITS)
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PT Custer Medical Center BY: PT Marlene S. Reiss 864048
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12/23/2009
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ORDER-EXT OF TIME GR (REPLY BRIEF-MERITS)
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Petitioner's motion for extension of time is granted and petitioner is allowed to and including January 25, 2010, in which to serve the reply brief on the merits. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO PETITIONER FOR THE FILING OF THE REPLY BRIEF ON THE MERITS.
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01/26/2010
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REPLY BRIEF-MERITS
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PT Custer Medical Center BY: PT Marlene S. Reiss 864048
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O&7 & E-MAIL
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01/26/2010
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MOTION-STRIKE
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PT Custer Medical Center BY: PT Marlene S. Reiss 864048
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PORTION OF RESPONDENT'S APPENDIX (O&5)
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01/29/2010
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APPENDIX
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PT Custer Medical Center BY: PT Marlene S. Reiss 864048
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TO INITIAL BRIEF MERITS (O&7)
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02/24/2010
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ORDER-STRIKE GR
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Petitioner's Motion to Strike Portion of Respondent's Appendix is granted and page A-8 of the appendix attached to respondent's answer brief on the merits, which was filed with this Court on December 10, 2009, is hereby stricken.
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11/04/2010
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DISP-QUASHED & REMANDED
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Accordingly, we quash the decision below and remand for reinstatement of the circuit court's decision.
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11/19/2010
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MOTION-REHEARING
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RS United Automobile Insurance Company UAIC BY: RS Michael J. Neimand 239437
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AND REQUEST FOR ORAL ARGUMENT (RC)
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11/19/2010
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MOTION-AMICUS CURIAE
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DA2 Ocean Harbor Insurance Company BY: DA2 Hinda Klein 510815
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11/19/2010
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MOTION-OTHER SUBSTANTIVE
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DA2 Ocean Harbor Insurance Company BY: DA2 Hinda Klein 510815
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FILED AS "AMICUS CURIAE OCEAN HARBOR INSURANCE COMPANY'S MOTION FOR REHEARING IN SUPPORT IN SUPPORT OF THE RESPONDENT UNITED AUTOMOBILE INSURANCE COMPANY" (O&7) (05/18/2011: DENIED AS MOOT)
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11/19/2010
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MOTION-AMICUS CURIAE
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DA2 State Farm Mutual Automobile Insurance Company SFMA BY: DA2 Nancy W. Gregoire 475688
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11/19/2010
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MOTION-OTHER SUBSTANTIVE
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DA2 State Farm Mutual Automobile Insurance Company SFMA BY: DA2 Nancy W. Gregoire 475688
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FILED AS "MOTION FOR REHEARING" (05/18/2011: DENIED AS MOOT)
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11/19/2010
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MOTION-AMICUS CURIAE
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DA2 Florida Defense Lawyers Association BY: DA2 Caryn L. Bellus 60445
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11/19/2010
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MOTION-AMICUS CURIAE
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DA2 Q B E Insurance Corporation BY: DA2 Scott Ward Dutton 486019
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11/19/2010: AMENDED MOTION FILED
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11/19/2010
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AMICUS CURIAE ANSWER BRIEF-MERITS
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DA2 Florida Defense Lawyers Association BY: DA2 Scott Ward Dutton 486019
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11/19/2010: AMENDED BRIEF FILED
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11/19/2010
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MOTION-AMICUS CURIAE
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DA2 Florida Property And Casualty Association FPCA BY: DA2 Adam Scott Rubenfield 865931
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11/19/2010
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AMICUS CURIAE ANSWER BRIEF-MERITS
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DA2 Florida Property And Casualty Association FPCA BY: DA2 Maria Elena Abate 770418
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11/19/2010
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APPENDIX
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DA2 Florida Property And Casualty Association FPCA BY: DA2 Maria Elena Abate 770418
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TO AMICI CURIAE BRIEF IN SUPPORT OF RESPONDENT UNITED AUTOMOBILE INSURANCE COMPANY'S MOTION FOR REHEARING
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11/19/2010
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MOTION-AMICUS CURIAE
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DA2 Allstate Insurance Company AIC BY: DA2 Peter J. Valeta 327557
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W/ATTACHMENTS
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11/19/2010
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MOTION-AMICUS CURIAE
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DA2 Geico Casualty Company GEICO BY: MR Jose Pagan 165484
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12/02/2010
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LETTER
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Sean C Gilley BY: Sean C Gilley
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DATED 11/29/2010 ***STRICKEN. SEE ORDER DATED 12/15/2010***
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12/07/2010
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MOTION-STRIKE
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PT Custer Medical Center BY: PT Marlene S. Reiss 864048
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AMICUS BRIEF OF ALLSTATE INSURANCE COMPANY
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12/07/2010
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MOTION-STRIKE
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PT Custer Medical Center BY: PT Marlene S. Reiss 864048
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AMICUS BRIEF OF FLORIDA DEFENSE LAWYERS ASSOCIATION (FDLA)
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12/07/2010
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MOTION-STRIKE
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PT Custer Medical Center BY: PT Marlene S. Reiss 864048
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AMICUS BRIEF OF MGA INSURANCE COMPANY; INFINITY PROPERTY AND CASUALTY CORPORATION; RESPONSIVE AUTO INSURANCE COMPANY; IMPERIAL FIRE AND CASUALTY INSURANCE COMPANY; ASSURANCE AMERICA INSURANCE COMPANY; KINGSWAY AMIGO INSURANCE COMPANY; QBE INSURANCE CORPORATION; PRAETORIAN INSURANCE COMPANY; REDLAND INSURANCE COMPANY, INC.; OMNI INDEMNITY COMPANY; STAR CASUALTY INSURANCE; AND, WINDHAVEN INSURANCE COMPANY
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12/07/2010
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MOTION-STRIKE
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PT Custer Medical Center BY: PT Marlene S. Reiss 864048
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AMICUS BRIEF OF GEICO CASUALTY COMPANY; GEICO INDEMNITY COMPANY; GEICO GENERAL INSURANCE COMPANY; GOVERNMENT EMPLOYEES INSURANCE COMPANY; MERCURY INSURANCE COMPANY; FIRST ACCEPTANCE INSURANCE COMPANY, INC.; AND, FEDERATED NATIONAL INSURANCE COMPANY
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12/07/2010
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MOTION-STRIKE
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PT Custer Medical Center BY: PT Marlene S. Reiss 864048
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STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY'S MOTION TO APPEAR AS AMICUS CURIAE WITH ATTACHED MOTION FOR REHEARING
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12/07/2010
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MOTION-STRIKE
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PT Custer Medical Center BY: PT Marlene S. Reiss 864048
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OCEAN HARBOR INSURANCE COMPANY'S MOTION TO APPEAR AS AMICUS WITH ATTACHED MOTION FOR REHEARING
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12/07/2010
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MOTION-STRIKE
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PT Custer Medical Center BY: PT Marlene S. Reiss 864048
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THE MOTION TO APPEAR AS AMICI CURIAE IN SUPPORT OF UNITED AUTO'S MOTION FOR REHEARING FILED BY FLORIDA PROPERTY CASUALTY ASSOCIATION; NATIONAL INSURANCE CRIME BUREAU; FLORIDA INSURANCE COUNCIL; LATIN AMERICAN ASSOCIATION OF INSURANCE AGENCIES; PROPERTY CASUALTY INSURERS ASSOCIATION OF AMERICA; NATIONAL ASSOCIATION OF MUTUAL INSURANCE COMPANIES; AND, SPECIALTY INSURANCE AGENTS ASSOCIATION WITH ATTACHED AMICUS BRIEF
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12/08/2010
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RESPONSE
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PT Custer Medical Center BY: PT Marlene S. Reiss 864048
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IN OPPOSITION TO RESPONDENT UNITED AUTOMOBILE INSURANCE COMPANY'S MOTION FOR REHEARING AND REQUEST FOR ORAL ARGUMENT
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12/10/2010
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NOTICE-SUPPLEMENTAL AUTHORITY
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PT Custer Medical Center BY: PT Marlene S. Reiss 864048
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O&7
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12/13/2010
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LETTER
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PT Custer Medical Center BY: PT Marlene S. Reiss 864048
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DATED 12/08/2010 RE: COPY REQUEST OF LETTER FILED 12/02/2010 W/ENCLOSED CHECK NO. 3871 IN THE AMOUNT OF $1.00 - (12/14/2010: MAILED COPY OF LTR FILED 12/2/2010 - RECEIPT #R2010-1014534)
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12/14/2010
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RESPONSE
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DA2 Florida Defense Lawyers Association BY: DA2 Dale E. Tarpley 872921
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OF FLORIDA DEFENSE LAWYERS ASSOCIATION, MGA INSURANCE COMPANY, INFINITY PROPERTY AND CASUALTY CORPORATION, RESPONSIVE AUTO INSURANCE COMPANY, IMPERIAL FIRE AND CASUALTY INSURANCE COMPANY, ASSURANCE AMERICA INSURANCE COMPANY, QBE INSURANCE CORPORATION, PRAETORIAN INSURANCE COMPANY, REDLAND INSURANCE COMPANY, OMNI INDEMNITY COMPANY, STAR CASUALTY INSURANCE,WINDHAVEN INSURANCE COMPANY, AND, KINGSWAY AMIGO INSURANCE COMPANY TO PETITIONER'S MOTION TO STRIKE
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12/15/2010
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ORDER-ATTY FEES GR (AMT BY TR CT - M/O)
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Petitioner's motion for attorney's fees is granted, the amount to be determined by the trial court. See Fla. R. App. P. 9.400(b).
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12/15/2010
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ORDER-STRIKE
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Sean C. Gilley's letter dated November 29, 2010, is hereby stricken without prejudice to re-file if signed by an attorney.
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12/15/2010
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MOTION-EXT OF TIME (MISC)
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DA2 Ocean Harbor Insurance Company BY: DA2 Hinda Klein 510815
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FILED AS "OCEAN HARBOR INSURANCE COMPANY'S MOTION FOR 10-DAY EXTENSION OF TIME TO FILE RESPONSE TO CUSTER MEDICAL CENTER'S MOTION TO STRIKE OCEAN HARBOR'S MOTION TO APPEAR AS AMICUS WITH ATTACHED MOTION FOR REHEARING"
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12/17/2010
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RESPONSE
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DA2 Geico Casualty Company GEICO BY: MR Jose Pagan 165484
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OF GEICO CASUALTY COMPANY, GEICO INDEMNITY COMPANY, GEICO GENERAL INSURANCE COMPANY, AND GOVERNMENT EMPLOYEES INSURANCE COMPANY, MERCURY INSURANCE COMPANY, FIRST ACCEPTANCE INSURANCE COMPANY, INC., AND FEDERATED NATIONAL INSURANCE COMPANY
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12/20/2010
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RESPONSE
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DA2 State Farm Mutual Automobile Insurance Company SFMA BY: DA2 Nancy W. Gregoire 475688
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FILED AS "STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY'S RESPONSE TO PETITIONER'S MOTION TO STRIKE MOTION TO APPEAR AS AMICUS CURIAE WITH ATTACHED MOTION FOR REHEARING"
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12/21/2010
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RESPONSE
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DA2 Florida Property And Casualty Association FPCA BY: DA2 Adam Scott Rubenfield 865931
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FILED AS "AMICI'S RESPONSE TO PETITIONER'S THE MOTION TO APPEAR AS AMICI CURIAE IN SUPPORT OF UNITED AUTO'S MOTION FOR REHEARING FILED BY FLORIDA PROPERTY CASUALTY ASSOCIATION; NATIONAL INSURANCE CRIME BUREAU; FLORIDA INSURANCE COUNCIL; LATIN AMERICAN ASSOCIATION OF INSURANCE AGENCIES; PROPERTY CASUALTY INSURERS ASSOCIATION OF AMERICA; NATIONAL ASSOCIATION OF MUTUAL INSURANCE COMPANIES; AND, SPECIALTY INSURANCE AGENTS ASSOCIATION WITH ATTACHED AMICUS BRIEF"
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12/23/2010
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MOTION-STRIKE
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PT Custer Medical Center BY: PT Marlene S. Reiss 864048
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UNAUTHORIZED REPLIES FILED BY PURPORTED AMICI (O&5)
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12/28/2010
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NOTICE-SUPPLEMENTAL AUTHORITY
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RS United Automobile Insurance Company UAIC BY: RS Michael J. Neimand 239437
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O&7
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12/28/2010
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RESPONSE
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DA2 Ocean Harbor Insurance Company BY: DA2 Hinda Klein 510815
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TO PETITIONER'S MOTION TO STRIKE
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12/28/2010
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MAIL RETURNED
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ORDER DATED 12/15/2010, RETURN TO SENDER INSUFFICIENT ADDRESS, UNABLE TO FORWARD Hon. Marc Schumacher, Judge 139031 BY: JU Hon. Marc Schumacher, Judge 139031
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12/30/2010
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RESPONSE
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DA2 Allstate Insurance Company AIC BY: DA2 Peter J. Valeta 327557
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FILED AS "JOINDER OF AMICUS ALLSTATE INSURANCE COMPANY IN STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY'S RESPONSE IN OPPOSITION TO PETITIONER'S MOTION TO STRIKE UNAUTHORIZED REPLIES FILED BY PURPORTED AMICI" (O&2)
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01/03/2011
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RESPONSE
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DA2 Florida Defense Lawyers Association BY: DA2 Scott Ward Dutton 486019
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OF FLORIDA DEFENSE LAWYERS ASSOCIATION, MGA INSURANCE COMPANY, INFINITY PROPERTY AND CASUALTY CORPORATION, RESPONSIVE AUTO INSURANCE COMPANY, IMPERIAL FIRE AND CASUALTY INSURANCE COMPANY, ASSURANCE AMERICA INSURANCE COMPANY, QBE INSURANCE CORPORATION, PRAETORIAN INSURANCE COMPANY, REDLAND INSURANCE COMPANY, OMNI INDEMNITY COMPANY, STAR CASUALTY INSURANCE,WINDHAVEN INSURANCE COMPANY, AND, KINGSWAY AMIGO INSURANCE COMPANY TO PETITIONER'S "MOTION TO STRIKE UNAUTHORIZED REPLIES FILED BY PURPORTED AMICI"
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01/03/2011
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RESPONSE
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DA2 State Farm Mutual Automobile Insurance Company SFMA BY: DA2 Nancy W. Gregoire 475688
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(O&7) FILED AS STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY'S RESPONSE IN OPPOSITION TO PETITIONER'S MOTION TO STRIKE UNAUTHORIZED REPLIES FILED BY PURPORTED AMICI"
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01/04/2011
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RESPONSE
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DA2 Federated National Insurance Company FNIC BY: MR Douglas Gerard Brehm 330700
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TO PETITIONER'S MOTION TO STRIKE UNAUTHORIZED REPLIES
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01/14/2011
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NOTICE-JOINDER
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DA2 Property Casualty Insurers Association of America BY: DA2 Maria Elena Abate 770418
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FILED AS "JOINDER OF AMICI, FLORIDA PROPERTY AND CASUALTY ASSOCIATION; NATIONAL INSURANCE CRIME BUREAU; FLORIDA INSURANCE COUNCIL; LATIN AMERICAN ASSOCIATION OF INSURANCE AGENCIES; PROPERTY CASUALTY INSURERS ASSOCIATION OF AMERICA; NATIONAL ASSOCIATION OF MUTUAL INSURANCE COMPANIES; and SPECIALTY INSURANCE AGENTS ASSOCIATION IN STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY'S RESPONSE IN OPPOSITION TO PETITIONER'S MOTION TO STRIKE UNAUTHORIZED REPLIES FILED BY PURPORTED AMICI"
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05/18/2011
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ORDER-AMICUS CURIAE DY
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The motions to appear as amicus curiae filed in the above cause by Ocean Harbor Insurance Company, State Farm Mutual Automobile Insurance Company, Florida Defense Lawyers Association, QBE Insurance Corporation, MGA Insurance Company, Praetorian Insurance Corporation, Infinity Property and Casualty Corporation, Redland Insurance Company, Responsive Auto Insurance Company, OMNI Indemnity Company, Imperial Fire and Casualty Insurance Company, Star Casualty Insurance Company, Assurance America Insurance Company, Windhaven Insurance Company, Kingsway Amigo Insurance Company, Florida Property and Casualty Association ("FPCA"), National Insurance Crime Bureau ("NICB"), Florida Insurance Council ("FIC"), Latin American Association of Insurance Agencies ("LAAIA"), Property Casualty Insurers Association of America ("PCI"), National Association of Mutual Insurance Companies ("NAMIC"), Specialty Insurance Agents Association ("SIAA"), Allstate Insurance Company, Geico Casualty Company, Geico Indemnity Company, Geico General Insurance Company, Government Employees Insurance Company, Mercury Insurance Company, First Acceptance Insurance Company, Inc., and Federated National Insurance Company on behalf of respondent are hereby denied.
The brief and appendix of Florida Property and Casualty Association ("FPCA"), National Insurance Crime Bureau ("NICB"), Florida Insurance Council ("FIC"), Latin American Association of Insurance Agencies ("LAAIA"), Property Casualty Insurers Association of America ("PCI"), National Association of Mutual Insurance Companies ("NAMIC"), Specialty Insurance Agents Association ("SIAA") filed with this Court on November 19, 2010.
The brief and amended brief of Florida Defense Lawyers Association, QBE Insurance Corporation, MGA Insurance Company, Praetorian Insurance Corporation, Infinity Property and Casualty Corporation, Redland Insurance Company, Responsive Auto Insurance Company, OMNI Indemnity Company, Imperial Fire and Casualty Insurance Company, Star Casualty Insurance Company, Assurance America Insurance Company, Windhaven Insurance Company, Kingsway Amigo Insurance Company filed with this Court November 19, 2011, are hereby stricken.
The motions for rehearing filed by State Farm Mutual Automobile Insurance Company and Ocean Harbor Insurance Company are denied as moot in light of this Court's order dated May 18, 2011, denying their motions to appear as amicus curiae. (05/19/2011: AMENDED)
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05/18/2011
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ORDER-STRIKE DY
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Petitioner's Motion to Strike Amicus Brief of Allstate Insurance Company, Florida Defense Lawyers Association, QBE Insurance Corporation, MGA Insurance Company, Praetorian Insurance Corporation, Infinity Property and Casualty Corporation, Redland Insurance Company, Responsive Auto Insurance Company, OMNI Indemnity Company, Imperial Fire and Casualty Insurance Company, Star Casualty Insurance Company, Assurance America Insurance Company, Windhaven Insurance Company, Kingsway Amigo Insurance Company, Geico Casualty Company, Geico Indemnity Company, Geico General Insurance Company, Government Employees Insurance Company, Mercury Insurance Company, First Acceptance Insurance Company, Inc., and Federated National Insurance Company is hereby denied as moot.
Petitioner's Motion to Strike the Motion to Appear as Amici Curiae in Support of United Auto's Motion for Rehearing filed by Florida Property and Casualty Association ("FPCA"), National Insurance Crime Bureau ("NICB"), Florida Insurance Council ("FIC"), Latin American Association of Insurance Agencies ("LAAIA"), Property Casualty Insurers Association of America ("PCI"), National Association of Mutual Insurance Companies ("NAMIC"), Specialty Insurance Agents Association ("SIAA") with Attached Amicus Brief is denied as moot.
Petitioner's Motion to Strike Unauthorized Replies filed by Purported Amici is denied as moot.
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05/18/2011
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ORDER-EXT OF TIME DY (RESPONSE)
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Ocean Harbor Insurance Company's Motion for 10-Day Extension of Time to file Response to Custer Medical Center's Motion to Strike Ocean Harbor's Motion to Appear as Amicus with Attached Motion for Rehearing is hereby denied.
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05/18/2011
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DISP-REHEARING DY
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Petitioner's Motion for Rehearing and Request for Oral Argument is hereby denied. (RC) (05/19/2011: AMENDED)
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05/25/2011
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MAIL RETURNED
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ORDERS DATED 05/18/2011, RETURN TO SENDER, NOT DELIVERABLE AS ADDRESSED, UNABLE TO FORWARD (05/26/2011: FORWARDED TO CORRECT ADDRESS) RS United Automobile Insurance Company UAIC BY: RS Michael J. Neimand 239437
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06/03/2011
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MAIL RETURNED
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ORDERS DATED 05/18/2011, RETURNED BY THE POST OFFICE, RETURN TO SENDER, NOT DELIVERABLE AS ADDRESSED, UNABLE TO FORWARD (06/03/2011: PLACED W/FILE)
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06/09/2011
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MANDATE
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CC: COUNSEL
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06/09/2011
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RECORD/TRANSCRIPT RETURNED
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Mary Cay Blanks BY: Mary Cay Blanks
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2 VOLUMES RECORD
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06/13/2011
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MAIL RETURNED
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MICHAEL J. NEIMAND - 05/18/2011 AMENDED REHEARING ORDER (06/14/2011: REMAILED TO CORRECT ADDRESS)
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08/31/2011
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ARCHIVES
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File
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10/31/2014
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MOTION-ENFORCE MANDATE
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PT Custer Medical Center BY: PT Marlene S. Reiss 864048
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11/17/2014
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NOTICE-APPEARANCE
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RS United Automobile Insurance Company UAIC BY: RS Raoul G. Cantero 552356
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11/17/2014
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RESPONSE
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RS United Automobile Insurance Company UAIC BY: RS Raoul G. Cantero 552356
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RESPONDENT UNITED AUTOMOBILE INSURANCE COMPANY'S
RESPONSE TO PETITIONER'S MOTION TO ENFORCE MANDATE
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11/17/2014
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APPENDIX-RESPONSE
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RS United Automobile Insurance Company UAIC BY: RS Raoul G. Cantero 552356
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APPENDIX TO RESPONDENT UNITED AUTOMOBILE INSURANCE COMPANY'S RESPONSE TO
PETITIONER'S MOTION TO ENFORCE MANDATE
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12/01/2014
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MOTION-STRIKE
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PT Custer Medical Center BY: PT Marlene S. Reiss 864048
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FILED AS PETITIONER'S MOTION TO STRIKE RESPONDENT
UNITED AUTO'S RESPONSE TO MOTION TO ENFORCE MANDATE
AND TO STRIKE APPENDIX THERETO
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12/16/2014
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RESPONSE
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RS United Automobile Insurance Company UAIC BY: RS Raoul G. Cantero 552356
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RESPONDENT UNITED AUTOMOBILE INSURANCE COMPANY'S RESPONSE TO PETITIONER'S MOTION TO STRIKE RESPONSE TO MOTION TO ENFORCE MANDATE AND APPENDIX
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01/06/2015
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ORDER-STRIKE DY
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Petitioner's Motion to Strike Respondent United Auto's Response to Motion to Enforce Mandate and to Strike Appendix Thereto is hereby denied.
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01/12/2015
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MAIL RETURNED
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Roberts J. Bradford 873152 BY: Roberts J. Bradford 873152
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ORDER DATED 1/6/15 (PLACED W/FILE: NO FORWARDING ADDRESS) (02/18/2015: FORWARDED TO NEW ADDRESS)
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02/11/2015
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ORDER-OTHER SUBSTANTIVE GR
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Petitioner's Motion to Enforce Mandate is hereby granted. The trial court shall determine only the amount of Petitioner's attorney's fees pursuant to this
Court's December 15, 2010, order granting Petitioner's motion for attorney's fees. No consideration may be given to the purported settlement agreement, which was not previously presented before this Court.
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02/17/2015
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MAIL RETURNED
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Roberts J. Bradford 873152 BY: Roberts J. Bradford 873152
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02/11/2015 ORDER (02/18/2015: FORWARDED TO NEW ADDRESS)
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03/02/2015
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MAIL RETURNED
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Sean C Gilley BY: Sean C Gilley
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02/11/2015 ORDER (03/03/2015: PLACED W/FILE, NO FORWARDING ADDRESS)
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03/02/2015
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MAIL RETURNED
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DA2 Kingsway Amigo Insurance Company BY: DDR Gregory Joseph Blackburn 938051
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02/11/2015 ORDER (03/03/2015: PLACED W/FILE, ATTORNEY IS DECEASED)
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03/02/2015
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MAIL RETURNED
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DA2 Kingsway Amigo Insurance Company BY: DA2 Dale E. Tarpley 872921
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02/11/2015 ORDER (03/03/2015: FORWARDED TO NEW ADDRESS)
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05/11/2017
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MOTION-ENFORCE MANDATE
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PT Custer Medical Center BY: PT Marlene S. Reiss 864048
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05/26/2017
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OTHER RESPONSE
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RS United Automobile Insurance Company UAIC BY: RS Dawn Jayma
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RESPONSE IN OPPOSITION TO PETITIONER'S SECOND MOTION TO
ENFORCE MANDATE
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06/30/2017
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ORDER-OTHER SUBSTANTIVE GR
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Petitioner's Second Motion to Enforce Mandate is hereby granted. The settlement agreement with regard to the underlying claim is tantamount to a confession of judgment for purposes of entitlement to attorney's fees. See Ivey v. Allstate Ins. Co., 774 So. 2d 679, 684 (Fla. 2000) ("Moreover, Allstate's payment after suit was filed operates as a confession of judgment, further entitling Ivey to attorneys's fees."); Wollard v. Lloyd's & Companies of Lloyd's, 439 So. 2d 217, 218 (Fla. 1983) ("When the insurance company has agreed to settle a disputed case, it has, in effect, declined to defend its position in the pending suit. Thus, the payment of the claim is, indeed, the functional equivalent of a confession of judgment or a verdict in favor of the insured.").
Accordingly, the trial court shall schedule a hearing to determine the appropriate amount of appellate attorney's fees for services in this Court pursuant to this Court's December 15, 2010, order granting Petitioner's motion for appellate attorney's fees. The hearing shall be conducted within thirty days of the decision in Custer Medical Center, Inc., A/A/O Maximo Masis v. United Automobile Insurance Co., No. 2014-456 AP (Fla. 11th Cir. Ct. June 6, 2017), becoming final. Further, following the hearing, the trial court shall immediately enter a judgment awarding appellate attorney's fees and report compliance to this Court.
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07/20/2017
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MAIL RETURNED
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Hon. Scott Jay Silverman, Judge 365297 BY: Hon. Scott Jay Silverman, Judge 365297
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ORDER DATED 07/07/2017
**This is a retired judge who is no longer on the bench**
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07/26/2017
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MAIL RETURNED
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Sean C Gilley BY: Sean C Gilley
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ORDER DATED 07/07/2017 **THE COMPANY IS DISSOLVED AND THERE IS NO KNOWN FORWARDING ADDRESS**
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