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Doc. Date Docketed Case Type Description Filed by Notes
Click to open document 12/28/2018 Certified Direct Conflict DUAL BASIS-NOTICE-DISCRE JURIS-DIRECT CONFLICT/CERT DIR CONF PT Eugene Ham BY: PT Louis K. Rosenbloum 194435
Click to open document 01/02/2019 Certified Direct Conflict ACKNOWLEDGMENT LETTER-NEW CASE-PAY FEE Supreme Court Of Florida BY: Supreme Court Of Florida
Click to open document 01/02/2019 Certified Direct Conflict PAY CASE FILING FEE-300 PT Eugene Ham BY: PT Louis K. Rosenbloum 194435
01/03/2019 Certified Direct Conflict Fee Paid Through Portal
Click to open document 01/03/2019 Certified Direct Conflict NOTICE-APPEARANCE RS Portfolio Recovery Associates, Llc BY: RS Nancy M. Wallace 65897
Click to open document 01/07/2019 Certified Direct Conflict JURIS INITIAL BRIEF PT Eugene Ham BY: PT Louis K. Rosenbloum 194435
Click to open document 01/07/2019 Certified Direct Conflict APPENDIX-JURIS BRIEF PT Eugene Ham BY: PT Louis K. Rosenbloum 194435
Click to open document 01/31/2019 Certified Direct Conflict ORDER-CONSOLIDATION The above cases are hereby consolidated, on the Court's own motion, for all appellate purposes. From this date forward, all documents pertaining to the above consolidated cases should be filed electronically through the Florida Courts E-Filing Portal using case number SC18-2142 only.
Click to open document 01/31/2019 Certified Direct Conflict NOTICE-RELATED CASE(S) PT Eugene Ham BY: PT Louis K. Rosenbloum 194435
Click to open document 02/04/2019 Certified Direct Conflict JURIS ANSWER BRIEF RS Portfolio Recovery Associates, Llc BY: RS Diane G. Dewolf 59719
Click to open document 11/25/2019 Certified Direct Conflict ORDER-DUAL BASIS JURIS ACCEPT/DECLINE (OA LATER DATE) The Court accepts jurisdiction of this case as to the certified direct conflict. Petitioner's initial brief on the merits must be served on or before December 16, 2019; respondent's answer brief on the merits must be served thirty days after service of petitioner's initial brief on the merits; and petitioner's reply brief on the merits must be served thirty days after service of respondent's answer brief on the merits. The Clerk of the First District Court of Appeal must file the record which must be properly indexed and paginated on or before January 24, 2020. The Clerk may provide the record in the format as currently maintained at the district court, The Court has determined that it should decline to accept jurisdiction as to express and direct conflict. Oral argument will be set by separate order. Counsel for parties will be notified of the oral argument date approximately sixty days prior to oral argument.
Click to open document 12/16/2019 Certified Direct Conflict MOTION-AMICUS CURIAE MP National Association Of Consumer Advocates NACA BY: MP Lynn Drysdale 508489 MOTION BY NATIONAL ASSOCIATION OF CONSUMER ADVOCATES FOR LEAVE TO SUBMIT BRIEF OF AMICI CURIAE **No Certificate of Service - Amended motion filed 12/17/19**
Click to open document 12/16/2019 Certified Direct Conflict INITIAL BRIEF-MERITS PT Eugene Ham BY: PT Louis K. Rosenbloum 194435
Click to open document 12/16/2019 Certified Direct Conflict MOTION-ATTORNEYS FEES PT Eugene Ham BY: PT Louis K. Rosenbloum 194435
Click to open document 12/17/2019 Certified Direct Conflict ORDER-CERTIFICATE OF SERVICE COMPLIANCE All pleadings filed in this Court must contain a Certificate of Service stating the names and addresses of those served and, if served on an attorney, the name of the party that attorney represents. See Fla. R. App. P. 9.420. The Motion by National Association of Consumer Advocates for Leave to Submit Brief of Amici Curiae will not be submitted to the Court until you have served all parties and filed with this Court a proper Certificate of Service. Failure to provide this Court with a Certificate of Service within five days from the date of this order could result in the imposition of sanctions, including striking of the motion. See Fla. R. App. P. 9.410.
Click to open document 12/17/2019 Certified Direct Conflict MOTION-AMICUS CURIAE MP National Association Of Consumer Advocates NACA BY: MP Lynn Drysdale 508489 AMENDED MOTION BY NATIONAL ASSOCIATION OF CONSUMER ADVOCATES FOR LEAVE TO SUBMIT BRIEF OF AMICI CURIAE
Click to open document 12/18/2019 Certified Direct Conflict ORDER-AMICUS CURIAE GR The Amended Motion by National Association of Consumer Advocates for Leave to Submit Brief of Amici Curiae is hereby granted. The brief by the above referenced amicus curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
Click to open document 12/20/2019 Certified Direct Conflict MOTION-EXT OF TIME (AMICUS CURIAE BRIEF) MP National Association Of Consumer Advocates NACA BY: MP Lynn Drysdale 508489
Click to open document 12/20/2019 Certified Direct Conflict ORDER-EXT OF TIME GR (AMICUS CURIAE) The motion for extension of time filed in the above case by the National Association of Consumer Advocates is granted and said amicus curiae is allowed to and including January 10, 2020, in which to serve the amicus curiae initial brief on the merits. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied. All other times will be extended accordingly.
Click to open document 12/31/2019 Certified Direct Conflict RESPONSE RS Portfolio Recovery Associates, Llc BY: RS Diane G. Dewolf 59719 Response to Petitioners' Motion for Attorney's Fees
Click to open document 01/06/2020 Certified Direct Conflict MOTION-EXT OF TIME (ANSWER BRIEF-MERITS) RS Portfolio Recovery Associates, Llc BY: RS Diane G. Dewolf 59719
Click to open document 01/06/2020 Certified Direct Conflict MOTION-TOLL TIME RS Portfolio Recovery Associates, Llc BY: RS Diane G. Dewolf 59719
Click to open document 01/07/2020 Certified Direct Conflict ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS) Respondent's motion for extension of time is granted, and respondent is allowed to and including February 14, 2020, in which to serve the answer brief on the merits. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied. All other times will be extended accordingly.
Click to open document 01/10/2020 Certified Direct Conflict AMICUS CURIAE INITIAL BRIEF-MERITS MP National Association Of Consumer Advocates NACA BY: MP Janet Varnell 71072 Amicus Curiae Brief of the National Association of Consumer Advocates in Support of Petitioners **Stricken 1/27/20, exceeds page limit.**
Click to open document 01/13/2020 Certified Direct Conflict MOTION-AMICUS CURIAE MR National Creditors Bar Association BY: MR Ronald S. Canter 335045 Motion by the National Creditors Bar Association and the Florida Creditors Bar Association for Leave to File Amicus Curiae Brief in Support of Respondent **Amended filed 1/13/20**
Click to open document 01/13/2020 Certified Direct Conflict MOTION-AMICUS CURIAE MR National Creditors Bar Association BY: MR Ronald S. Canter 335045 Amended Motion by the National Creditors Bar Association and the Florida Creditors Bar Association for Leave to File Amicus Curiae Brief in Support of Respondent
Click to open document 01/13/2020 Certified Direct Conflict ORDER-AMICUS CURIAE GR The motion for leave to file brief as amici curiae filed by the National Creditors Bar Association, and the Florida Creditors Bar Association, is hereby granted and they are allowed to file brief only in support of respondent. The brief by the above referenced amici curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
01/14/2020 Certified Direct Conflict RECORD Kristina Samuels 26958 BY: Kristina Samuels 26958 (SC18-2142) 1 VOLUME CERTIFIED COPIES OF APPEAL PAPERS - Filed Electronically
01/14/2020 Certified Direct Conflict RECORD Kristina Samuels 26958 BY: Kristina Samuels 26958 (SC18-2142) 1 VOLUME RECORD ON APPEAL - Filed Electronically
01/14/2020 Certified Direct Conflict RECORD Kristina Samuels 26958 BY: Kristina Samuels 26958 (SC18-2143) 1 VOLUME CERTIFIED COPIES OF APPEAL PAPERS - Filed Electronically
01/14/2020 Certified Direct Conflict RECORD Kristina Samuels 26958 BY: Kristina Samuels 26958 (SC18-2143) 1 VOLUME RECORD ON APPEAL - Filed Electronically
Click to open document 01/27/2020 Certified Direct Conflict ORDER-BRIEF STRICKEN (NON-COMPLIANCE) Amicus curiae National Association of Consumer Advocate's brief, which was filed with this Court on January 10, 2020, does not comply with Florida Rule of Appellate Procedure 9.370 and is hereby stricken. The amicus curiae is hereby directed, on or before February 3, 2020, to file an amended brief which does not exceed 20 pages. A preliminary statement is not required in the contents of a brief; however, if it is included, it must be included in the computation.
Click to open document 02/03/2020 Certified Direct Conflict AMICUS CURIAE INITIAL AMD BRIEF-MERITS MP National Association Of Consumer Advocates NACA BY: MP Janet Varnell 71072 Amicus Curiae Brief of the National Association of Consumer Advocates in Support of Petitioners
Click to open document 02/14/2020 Certified Direct Conflict ANSWER BRIEF-MERITS RS Portfolio Recovery Associates, Llc BY: RS Diane G. Dewolf 59719
Click to open document 02/19/2020 Certified Direct Conflict MOTION-AMICUS CURIAE MR Receivables Management Association International BY: MR Hector E. Lora 755842 Motion of Receivables Management Association International for Leave to File Amicus Curiae Brief in Support of Respondent
Click to open document 02/20/2020 Certified Direct Conflict ORDER-AMICUS CURIAE GR The motion for leave to file brief as amicus curiae filed by Receivables Management Association International is hereby granted and they are allowed to file brief only in support of respondent. The brief by the above referenced amicus curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
Click to open document 02/24/2020 Certified Direct Conflict AMICUS CURIAE INITIAL BRIEF-MERITS MR National Creditors Bar Association BY: MR Ronald S. Canter 335045 Amicus Brief of National Creditors Bar Association and Florida Creditors Bar Association in Support of Respondent
Click to open document 02/24/2020 Certified Direct Conflict AMICUS CURIAE ANSWER BRIEF-MERITS MR Receivables Management Association International BY: MR Hector E. Lora 755842 Amicus Curiae Brief of the Receivables Management Association International, Inc. in Support of Respondent
Click to open document 03/16/2020 Certified Direct Conflict REPLY BRIEF-MERITS PT Eugene Ham BY: PT Louis K. Rosenbloum 194435
Click to open document 03/18/2020 Certified Direct Conflict REQUEST-ORAL ARGUMENT RS Portfolio Recovery Associates, Llc BY: RS Diane G. Dewolf 59719
Click to open document 03/24/2020 Certified Direct Conflict ORDER-OA SCHED (PREV ACCEPTED) The Court previously accepted jurisdiction. The Court will hear oral argument at 9:00 a.m., Tuesday, June 2, 2020. A maximum of twenty minutes to the side is allowed for the argument as consolidated, 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.
06/02/2020 Certified Direct Conflict ORAL ARGUMENT HELD
Click to open document 10/14/2020 Certified Direct Conflict NOTICE-SUPPLEMENTAL AUTHORITY PT Eugene Ham BY: PT Louis K. Rosenbloum 194435
Click to open document 12/31/2020 Certified Direct Conflict ORDER-ATTY FEES GR (AMT BY TR CT - M/O) Petitioners' motion for attorney's fees is granted, the amount to be determined by the trial court. See Fla. R. App. P. 9.400(b).
Click to open document 12/31/2020 Certified Direct Conflict DISP-QUASHED FSC-OPINION: We conclude that the unilateral fee provisions in the credit card contracts are made reciprocal to the prevailing debtors under section 57.105(7). Accordingly, we approve the result in Bushnell and quash Ham. It is so ordered.
Click to open document 01/21/2021 Certified Direct Conflict MANDATE
Click to open document 01/22/2021 Certified Direct Conflict PUBLISH FULL