Doc.
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Date Docketed
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Case Type
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Description
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Filed by
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Notes
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12/28/2018
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Certified Direct Conflict
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DUAL BASIS-NOTICE-DISCRE JURIS-DIRECT CONFLICT/CERT DIR CONF
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PT Laura Foxhall BY: PT Louis K. Rosenbloum 194435
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01/02/2019
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Certified Direct Conflict
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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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01/02/2019
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Certified Direct Conflict
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PAY CASE FILING FEE-300
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PT Laura Foxhall BY: PT Louis K. Rosenbloum 194435
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01/03/2019
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Certified Direct Conflict
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Fee Paid Through Portal
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01/03/2019
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Certified Direct Conflict
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NOTICE-APPEARANCE
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RS Portfolio Recovery Associates, Llc BY: RS Diane G. Dewolf 59719
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01/07/2019
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Certified Direct Conflict
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JURIS INITIAL BRIEF
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PT Laura Foxhall BY: PT Louis K. Rosenbloum 194435
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01/07/2019
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Certified Direct Conflict
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APPENDIX-JURIS BRIEF
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PT Laura Foxhall BY: PT Louis K. Rosenbloum 194435
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01/31/2019
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Certified Direct Conflict
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ORDER-CONSOLIDATION
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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.
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01/31/2019
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Certified Direct Conflict
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NOTICE-RELATED CASE(S)
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Eugene Ham BY: PT Louis K. Rosenbloum 194435
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02/04/2019
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Certified Direct Conflict
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JURIS ANSWER BRIEF
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RS Portfolio Recovery Associates, Llc BY: RS Diane G. Dewolf 59719
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11/25/2019
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Certified Direct Conflict
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ORDER-DUAL BASIS JURIS ACCEPT/DECLINE (OA LATER DATE)
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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.
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12/16/2019
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Certified Direct Conflict
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MOTION-AMICUS CURIAE
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National Association Of Consumer Advocates NACA BY: Lynn Drysdale 508489
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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**
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12/16/2019
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Certified Direct Conflict
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INITIAL BRIEF-MERITS
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Eugene Ham BY: PT Louis K. Rosenbloum 194435
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12/16/2019
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Certified Direct Conflict
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MOTION-ATTORNEYS FEES
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Eugene Ham BY: PT Louis K. Rosenbloum 194435
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12/17/2019
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Certified Direct Conflict
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ORDER-CERTIFICATE OF SERVICE COMPLIANCE
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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.
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12/17/2019
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Certified Direct Conflict
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MOTION-AMICUS CURIAE
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National Association Of Consumer Advocates NACA BY: Lynn Drysdale 508489
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AMENDED MOTION BY NATIONAL ASSOCIATION OF CONSUMER
ADVOCATES FOR LEAVE TO SUBMIT BRIEF OF AMICI CURIAE
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12/18/2019
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Certified Direct Conflict
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ORDER-AMICUS CURIAE GR
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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).
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12/20/2019
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Certified Direct Conflict
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MOTION-EXT OF TIME (AMICUS CURIAE BRIEF)
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National Association Of Consumer Advocates NACA BY: Lynn Drysdale 508489
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12/20/2019
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Certified Direct Conflict
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ORDER-EXT OF TIME GR (AMICUS CURIAE)
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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.
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12/31/2019
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Certified Direct Conflict
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RESPONSE
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RS Portfolio Recovery Associates, Llc BY: RS Diane G. Dewolf 59719
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Response to Petitioners' Motion for Attorney's Fees
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01/06/2020
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Certified Direct Conflict
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MOTION-EXT OF TIME (ANSWER BRIEF-MERITS)
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RS Portfolio Recovery Associates, Llc BY: RS Diane G. Dewolf 59719
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01/06/2020
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Certified Direct Conflict
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MOTION-TOLL TIME
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RS Portfolio Recovery Associates, Llc BY: RS Diane G. Dewolf 59719
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01/07/2020
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Certified Direct Conflict
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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 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.
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01/10/2020
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Certified Direct Conflict
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AMICUS CURIAE INITIAL BRIEF-MERITS
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National Association Of Consumer Advocates NACA BY: Janet Varnell 71072
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Amicus Curiae Brief of the National Association of Consumer Advocates in Support of Petitioners **Stricken 1/27/20, exceeds page limit.**
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01/13/2020
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Certified Direct Conflict
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MOTION-AMICUS CURIAE
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National Creditors Bar Association BY: Ronald S. Canter 335045
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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**
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01/13/2020
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Certified Direct Conflict
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MOTION-AMICUS CURIAE
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National Creditors Bar Association BY: Ronald S. Canter 335045
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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
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01/13/2020
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Certified Direct Conflict
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ORDER-AMICUS CURIAE GR
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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).
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01/14/2020
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Certified Direct Conflict
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RECORD
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Kristina Samuels 26958 BY: Kristina Samuels 26958
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(SC18-2142) 1 VOLUME CERTIFIED COPIES OF APPEAL PAPERS - Filed Electronically
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01/14/2020
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Certified Direct Conflict
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RECORD
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Kristina Samuels 26958 BY: Kristina Samuels 26958
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(SC18-2142) 1 VOLUME RECORD ON APPEAL - Filed Electronically
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01/14/2020
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Certified Direct Conflict
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RECORD
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Kristina Samuels 26958 BY: Kristina Samuels 26958
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(SC18-2143) 1 VOLUME CERTIFIED COPIES OF APPEAL PAPERS - Filed Electronically
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01/14/2020
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Certified Direct Conflict
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RECORD
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Kristina Samuels 26958 BY: Kristina Samuels 26958
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(SC18-2143) 1 VOLUME RECORD ON APPEAL - Filed Electronically
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01/27/2020
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Certified Direct Conflict
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ORDER-BRIEF STRICKEN (NON-COMPLIANCE)
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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.
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02/03/2020
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Certified Direct Conflict
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AMICUS CURIAE INITIAL AMD BRIEF-MERITS
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National Association Of Consumer Advocates NACA BY: Janet Varnell 71072
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Amicus Curiae Brief of the National Association of Consumer Advocates in Support of Petitioners
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02/14/2020
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Certified Direct Conflict
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ANSWER BRIEF-MERITS
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RS Portfolio Recovery Associates, Llc BY: RS Diane G. Dewolf 59719
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02/19/2020
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Certified Direct Conflict
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MOTION-AMICUS CURIAE
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Receivables Management Association International BY: Hector E. Lora 755842
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Motion of Receivables Management Association International for Leave to File Amicus Curiae Brief in Support of Respondent
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02/20/2020
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Certified Direct Conflict
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ORDER-AMICUS CURIAE GR
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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).
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02/24/2020
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Certified Direct Conflict
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AMICUS CURIAE INITIAL BRIEF-MERITS
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National Creditors Bar Association BY: Ronald S. Canter 335045
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Amicus Brief of National Creditors Bar Association and Florida Creditors Bar Association in Support of Respondent
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02/24/2020
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Certified Direct Conflict
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AMICUS CURIAE ANSWER BRIEF-MERITS
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Receivables Management Association International BY: Hector E. Lora 755842
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Amicus Curiae Brief of the Receivables Management Association International, Inc. in Support of Respondent
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03/16/2020
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Certified Direct Conflict
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REPLY BRIEF-MERITS
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Eugene Ham BY: PT Louis K. Rosenbloum 194435
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03/18/2020
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Certified Direct Conflict
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REQUEST-ORAL ARGUMENT
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RS Portfolio Recovery Associates, Llc BY: RS Diane G. Dewolf 59719
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03/24/2020
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Certified Direct Conflict
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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., 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.
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06/02/2020
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Certified Direct Conflict
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ORAL ARGUMENT HELD
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10/14/2020
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Certified Direct Conflict
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NOTICE-SUPPLEMENTAL AUTHORITY
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Eugene Ham BY: PT Louis K. Rosenbloum 194435
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12/31/2020
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Certified Direct Conflict
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ORDER-ATTY FEES GR (AMT BY TR CT - M/O)
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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).
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12/31/2020
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Certified Direct Conflict
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DISP-QUASHED
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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.
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01/21/2021
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Certified Direct Conflict
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MANDATE
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01/22/2021
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Certified Direct Conflict
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PUBLISH FULL
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