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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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06/01/2009
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NOTICE-DISCRETIONARY JURIS (CERT DIRECT CONFLICT)
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PT Clarence Dennis BY: PT Barbara J. Wolfe 559849
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06/01/2009
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JURIS INITIAL BRIEF
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PT Clarence Dennis BY: PT Barbara J. Wolfe 559849
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(RECEIVED 05/29/2009) O&7 & E-MAIL (NO APPENDIX) 06/04/2009: REQ'D O&5 OF APPENDIX
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06/03/2009
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No Fee - Insolvent
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INSOLVENT BELOW
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06/05/2009
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NOTICE-SUPPLEMENTAL AUTHORITY
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PT Clarence Dennis BY: PT Barbara J. Wolfe 559849
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O&5
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06/08/2009
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APPENDIX
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PT Clarence Dennis BY: PT Barbara J. Wolfe 559849
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(TO PET'S JURIS INITIAL BRF) O&5
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06/25/2009
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JURIS ANSWER BRIEF
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RS State Of Florida state1 BY: RS Heidi L. Bettendorf 1805
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O&5 & E-MAIL
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07/16/2009
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ORDER-JURIS ACCEPTED/BRIEF SCHED
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The Court accepts jurisdiction, but postpones its decision as to whether the above case will be submitted to the Court with or without oral argument.
Petitioner's brief on the merits shall be served on or before August 10, 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 Fourth District Court of Appeal shall file the original record which shall be properly indexed and paginated on or before September 16, 2009. The record shall include the briefs filed in the district court separately indexed.
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08/14/2009
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INITIAL BRIEF-MERITS
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PT Clarence Dennis BY: PT Barbara J. Wolfe 559849
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W/APPENDIX (O&7 & E-MAIL)
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08/14/2009
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SUPP RECORD/TRANSCRIPT
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Hon. Marilyn Nemzura Beuttenmuller, Clerk BY: Hon. Marilyn Nemzura Beuttenmuller, Clerk
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3 VOLUMES OF RECORD; 1 SUPPLEMENTAL VOLUME; 1 VOLUME BRIEFS
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09/08/2009
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MOTION-EXT OF TIME (ANSWER BRIEF-MERITS)
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RS State Of Florida state1 BY: RS Melanie Dale Surber 168556
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09/18/2009
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ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS)
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Respondent's motion for extension of time is granted and respondent is allowed to and including October 13, 2009, in which to serve the answer brief on the merits.
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10/13/2009
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MOTION-EXT OF TIME (ANSWER BRIEF-MERITS)
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RS State Of Florida state1 BY: RS Celia Terenzio 656879
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10/19/2009
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ANSWER BRIEF-MERITS
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RS State Of Florida state1 BY: RS Melanie Dale Surber 168556
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W/APPENDIX (O&7 & E-MAIL)
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10/27/2009
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ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS)
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Respondent's motion for extension of time is granted and respondent's answer
brief on the merits was filed with this Court on October 19, 2009.
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11/16/2009
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MOTION-EXT OF TIME (REPLY BRIEF-MERITS)
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PT Clarence Dennis BY: WD Paul Edward Petillo 508438
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11/23/2009
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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 December 14, 2009, in which to serve the reply brief on the merits.
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12/14/2009
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REPLY BRIEF-MERITS
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PT Clarence Dennis BY: PT Barbara J. Wolfe 559849
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O&7 & E-MAIL
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12/30/2009
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NOTICE
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PT Clarence Dennis BY: PT Barbara J. Wolfe 559849
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FILED AS "NOTICE THAT PETITIONER IS WITHDRAWING CONCESSION THAT ISSUE IS MOOT" (O&5) (REQUESTED 2 MORE COPIES) - 01/04/2010: 2 COPIES FILED
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12/30/2009
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MOTION-OTHER SUBSTANTIVE
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PT Clarence Dennis BY: WD Paul Edward Petillo 508438
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TO ALLOW SUPPLEMENTAL BRIEFING ON THE ISSUE OF REMEDY (O&5) - 01/04/2010: 2 COPIES FILED
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01/07/2010
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RESPONSE
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RS State Of Florida state1 BY: RS Melanie Dale Surber 168556
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IN OPPOSITION TO PETITIONER'S MOTION TO FILE SUPPLEMENTAL BRIEF
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01/20/2010
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ORDER-BRIEF SUPPLEMENTATION DY
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(VACATED 05/05/2010) - Petitioner's Motion to Allow Supplemental Briefing on the Issue of Remedy is hereby denied.
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03/01/2010
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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., Monday, May 3, 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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04/28/2010
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NOTICE-APPEARANCE
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RS State Of Florida state1 BY: RS Diana Kay Bock 440711
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05/03/2010
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ORAL ARGUMENT CALENDAR
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05/03/2010
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ORDER-ORAL ARGUMENT RESCHEDULE
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At the direction of the Court, the above case which was scheduled for oral argument on May 3, 2010, has been rescheduled for oral argument at 9:00 a.m., Wednesday, October 6, 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.
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05/05/2010
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ORDER-VACATE
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This Court's order dated January 20, 2010, denying petitioner's "Motion to Allow Supplemental Briefing on the Issue of Remedy" is hereby vacated.
The petitioner is hereby directed, within thirty days of the date of this order, to file a supplemental initial brief addressing the following issue only:
If this Court determines that the petitioner was entitled to a pretrial evidentiary determination by the trial court regarding the petitioner's claim of statutory immunity, what remedy, if any, would be available?
The State is hereby directed to file, within twenty days of the filing of the petitioner's supplemental initial brief, a supplemental answer brief responding to the petitioner's supplemental initial brief. The petitioner may file a reply to the State's supplemental answer brief within twenty days of its filing. Briefs shall not exceed fifteen pages in length.
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06/01/2010
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SUPP INITIAL BRIEF-MERITS
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PT Clarence Dennis BY: PT Barbara J. Wolfe 559849
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O&7 & E-MAIL
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06/15/2010
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MOTION-EXT OF TIME (BRIEF-SUPP)
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RS State Of Florida state1 BY: RS Diana Kay Bock 440711
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SUPPLEMENTAL ANSWER BRIEF-MERITS (DCA CERTIFIED COPY) - (06/17/2010: COPY RECEIVED)
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06/22/2010
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ORDER-EXT OF TIME GR (SUPPLEMENTAL BRIEF)
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Respondent's motion for extension of time is granted and respondent is allowed to and including July 6, 2010, in which to serve the supplemental answer brief.
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06/30/2010
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NOTICE-SUPPLEMENTAL AUTHORITY
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PT Clarence Dennis BY: WD Paul Edward Petillo 508438
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O&7
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07/08/2010
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SUPP ANSWER BRIEF-MERITS
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RS State Of Florida state1 BY: RS Diana Kay Bock 440711
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O&7 & E-MAIL
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07/12/2010
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SUPP REPLY BRIEF-MERITS
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PT Clarence Dennis BY: PT Barbara J. Wolfe 559849
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O&8 & E-MAIL
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08/11/2010
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MOTION-COUNS SUBSTITUTION STIPULATION
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PT Clarence Dennis BY: WD Paul Edward Petillo 508438
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FOR SUBSTITUTION OF COUNSEL (O&5) (NO WRITTEN CONSENT OF CLIENT) 08/23/10: AMD MOTION W/WRITTEN CONSENT FILED
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08/12/2010
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ORDER-COUNS MOTION (NON-COMPLIANCE)
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Petitioner's Stipulation for Substitution of Counsel, filed with this Court on August 11, 2010, does not comply with Florida Rule of Judicial Administration 2.505 (e)(2). Petitioner is hereby directed to file a proper motion that complies with the above referenced rule. Paul E. Petillo will remain counsel of record for petitioner until a proper motion is filed and granted by this Court.
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08/23/2010
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MOTION-COUNS SUBSTITUTION STIPULATION
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PT Clarence Dennis BY: WD Paul Edward Petillo 508438
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AMENDED (W/WRITTEN CONSENT OF CLIENT) (8 COPIES MADE)
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08/24/2010
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ORDER-COUNS SUBSTITUTION STIPULATION GR
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The amended stipulation for substitution of counsel is hereby approved by this Court and Paul E. Petillo is allowed to withdraw as counsel for petitioner and Barbara J. Wolfe is hereby substituted as counsel of record for petitioner.
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09/15/2010
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NOTICE-APPEARANCE
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RS State Of Florida state1 BY: RS Melanie Dale Surber 168556
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BY MELANIE DALE SURBER ON BEHALF OF RESPONDENT
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10/01/2010
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NOTICE-SUPPLEMENTAL AUTHORITY
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RS State Of Florida state1 BY: RS Melanie Dale Surber 168556
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O&7
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10/06/2010
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ORAL ARGUMENT HELD
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12/16/2010
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DISP-DISAPPROVED
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We conclude that where a criminal defendant files a motion to dismiss pursuant to section 776.032, the trial court should decide the factual question of the applicability of the statutory immunity. A motion to dismiss on the basis of section 776.032 immunity is not subject to the requirements of rule 3.190(c)(4) but instead should be treated as a motion filed pursuant to rule 3.190(b). While the error in Dennis was harmless, we disapprove the Fourth District's reasoning and approve the reasoning of Peterson on the conflict issue.
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01/06/2011
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WEST CORRESPONDENCE
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CORRECTED OPINION - On page 15, counsel for petitioner has been corrected reflect, Barbara J. Wolfe of The Wolfe Law Firm, West Palm Beach, Florida.
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01/07/2011
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MANDATE
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CC: COUNSEL
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01/07/2011
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RECORD/TRANSCRIPT RETURNED
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Hon. Marilyn Nemzura Beuttenmuller, Clerk BY: Hon. Marilyn Nemzura Beuttenmuller, Clerk
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3 VOLUMES RECORD, 1 VOLUME SUPPLEMENATAL AND 1 VOLUME BRIEFS
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11/18/2015
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