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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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08/20/2001
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NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT)
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PT Boca Burger, Inc., Etc. BY: PT Edna L. Caruso 126509
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08/23/2001
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Case Filing Fee
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2001 - 995006 Amount: $250
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08/23/2001
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Fee Paid in Full
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08/28/2001
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JURIS INITIAL BRIEF
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PT Boca Burger, Inc., Etc. BY: PT Edna L. Caruso 126509
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WITH APPENDIX, O&5, WITH DISKETTE
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09/11/2001
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NOTICE-SUPPLEMENTAL AUTHORITY
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PT Boca Burger, Inc., Etc. BY: PT John R Hargrove 173745
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O&5
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09/19/2001
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JURIS ANSWER BRIEF
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RS Richard Forum BY: RS James Fox Miller 095070
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WITH APPENDIX, O&5
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09/19/2001
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MOTION-ATTORNEYS FEES
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RS James Fox Miller 095070 BY: RS James Fox Miller 095070
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O&5; 09/12/2005 ORDER VACATED
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09/28/2001
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RESPONSE
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PT Boca Burger, Inc., Etc. BY: PT John R Hargrove 173745
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TO MOT. FOR ADDITIONAL ATTORNEY'S FEES 0&7
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10/18/2001
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MOTION-STAY (PROCEEDINGS BELOW)
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PT Boca Burger, Inc., Etc. BY: PT John R Hargrove 173745
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EMERGENCY MOTION FOR TEMPORARY STAY (O&1)
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10/19/2001
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NOTICE-APPEARANCE
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PT Boca Burger, Inc., Etc. BY: PT John R. Beranek 5419
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JOHN BERANEK
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10/25/2001
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RESPONSE
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RS Richard Forum BY: RS James Fox Miller 095070
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TO PETITIONER'S EMERGENCY MOT. FOR TEMPORARY STAY PENDING THIS COURT'S DECISION TO ACCEPT DISC. JURIS/MOT. FOR REVIEW OF ORDER DENYING STAY WITH APPENDIX
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11/30/2001
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ORDER-STAY PROCEEDINGS BELOW DY
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DENIED PET.'S EMERGENCY MOT FOR TEMPORARY STAY
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12/14/2001
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MOTION-REHEARING ON MISC ORDER
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PT Boca Burger, Inc., Etc. BY: PT Edna L. Caruso 126509
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PETITIONER'S MOTION FOR REHEARING ON DENIAL OF MOTION FOR STAY WITH APPENDIX, O&7
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12/20/2001
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RESPONSE
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RS Richard Forum BY: RS James Fox Miller 095070
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TO PETITIONER'S MOTION FOR REHEARING OF DENIAL OF (EMERGENCY) MOTION FOR STAY
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02/04/2002
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ORDER-OTHER SUBSTANTIVE DY
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Petitioner's Motion for Rehearing of Denial of Motion for Stay is hereby denied.
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03/12/2002
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NOTICE-SUPPLEMENTAL AUTHORITY
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PT Boca Burger, Inc., Etc. BY: PT John R Hargrove 173745
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O&7---ORDER DATED 3-14-02 STRIKING NOT. OF SUPPLE. AUTH.
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03/13/2002
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RESPONSE
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03/14/2002
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ORDER-STRIKE
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Petitioner's Notice of Supplemental Authority is hereby stricken as it contains argument.
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03/22/2002
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ORDER-NO REQ&BRIEF SCHED/JURIS ACCEPTED
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SENT TO WEST 4/18/2002
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04/11/2002
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MOTION-EXT OF TIME (INITIAL BRIEF-MERITS)
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PT Boca Burger, Inc., Etc. BY: PT John R. Beranek 5419
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04/15/2002
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MOTION-TOLL TIME
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PT Boca Burger, Inc., Etc. BY: PT John R. Beranek 5419
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04/18/2002
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ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS)
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05/09/2002
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RECORD/TRANSCRIPT
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Hon. Marilyn Nemzura Beuttenmuller, Clerk BY: Hon. Marilyn Nemzura Beuttenmuller, Clerk
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1 VOL AND 1 SUPPLEMENTAL VOLUME
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05/17/2002
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INITIAL BRIEF-MERITS
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PT Boca Burger, Inc., Etc. BY: PT John R Hargrove 173745
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O&7, WITH DISKETTE
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05/17/2002
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APPENDIX
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PT Boca Burger, Inc., Etc. BY: PT John R Hargrove 173745
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O&7
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05/17/2002
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AMICUS CURIAE INITIAL BRIEF-MERITS
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MP Florida Justice Association BY: MP Paul D. Jess 348082
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O&7, WITH DISKETTE
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05/17/2002
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MOTION-AMICUS CURIAE
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MP Florida Justice Association BY: MP Paul D. Jess 348082
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05/20/2002
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APPENDIX
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PT Boca Burger, Inc., Etc. BY: PT John R Hargrove 173745
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SUPPLEMENTAL 0&7
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05/31/2002
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MOTION-COUNS PRO HAC VICE (FOREIGN COUNSEL)
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MP Florida Justice Association BY: MP Paul D. Jess 348082
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ON BEHALF OF ATTY ROBERT S. PECK - WASHINGTON, D.C.
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05/31/2002
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MOTION-COUNS PRO HAC VICE (FOREIGN COUNSEL)
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MR Publix Supermarkets BY: MR George N. Meros 263321
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(STIPULATED) - Publix Supermarkets; Citizens for a Sound Economy; Associated Industries of Florida; Florida Chamber of Commerce; Florida Institute of CPA's; Florida Medical Association; Florida Retail Federation; Florida United Business Association; National Federation of Independent Business; Association of Community Hospitals and Health System of Florida, Inc.; City of Orlando; Dade County; Florida Association of Counties; Florida League of Cities; Florida Sheriffs Association; and Tort Reform United Effort on behalf of Respondent
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05/31/2002
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MOTION-EXT OF TIME (ANSWER BRIEF-MERITS)
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RS Richard Forum BY: RS James Fox Miller 095070
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05/31/2002
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RESPONSE
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RS Richard Forum BY: RS James Fox Miller 095070
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AND OBJECTIONS TO MOTION FOR LEAVE TO APPEAR AS AMICI CURIAE FILED BY THE ACADEMY OF FLORIDA TRIAL LAWYERS, INC., ET AL.
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06/03/2002
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ORDER-AMICUS CURIAE GR
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Publix Supermarkets; Citizens for a Sound Economy; Associated Industries of Florida; Florida Chamber of Commerce; Florida Institute of CPA's; Florida Medical Association; Florida Retail Federation; Florida United Business Association; National Federation of Independent Business; Association of Community Hospitals and Health System of Florida, Inc.; City of Orlando; Dade County; Florida Association of Counties; Florida League of Cities; Florida Sheriffs Association; and Tort Reform United Effort
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06/03/2002
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ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS)
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06/05/2002
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ORDER-COUNSEL PRO HAC VICE GR (FOREIGN COUNSEL)
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& ROBERT S. PECK-WASHINGING, D.C. IS ALLOWED TO APPEAR AS CO-COUNSEL ON BEHALF OF AMICUS CURIAE ACADEMY OF FLORIDA TRIAL LAWYERS, INC., ET AL.
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06/07/2002
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REPLY TO RESPONSE
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MP Florida Justice Association BY: MP Paul D. Jess 348082
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TO RESPONDENT'S RESPONSE AND OBJECTIONS TO MOT/LEAVE TO APPEAR AS AMICI CURIAE
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06/13/2002
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ORDER-AMICUS CURIAE GR
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FOR ACADEMY OF FLORIDA TRIAL LAWYERS, INC.; FLORIDA CONSUMER ACTION NETWORK, INC.; COALITION FOR FAMILY SAFETY, INC.; FLORIDA LEAGUE OF CONSERVATION VOTERS, INC.; FLORIDA AFL-CIO; ASSOCIATION OF FLIGHT ATTENDANTS, AFL-CIO; DES ACTION NATIONAL; FLORIDA STATE CONFERENCE OF NAACP BRANCHES; FLORIDA NATIONAL ORGANIZATION OF WOMEN, INC.; CHILDREN'S ADVOCACY FOUNDATION, INC.; AL J. CONE; and THE FLORIDA ALLIANCE FOR RETIRED AMERICANS, INC. IN SUPPORT OF PETITIONERS
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06/13/2002
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MAIL RETURNED
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FOR JOSEPH R. DAWSON (6/3/2002 ORDERS (FORWARD TIME EXPIRED) (6/17/2002, FORWARDED TO CURRENT ADDRESS)
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06/14/2002
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MAIL RETURNED
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FOR JOSEPH R. DAWSON - 06/05/2002 ORDER (FORWARD TIME EXPIRED); 06/14/2002: RE-MAILED TO CURRENT ADDRESS
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06/24/2002
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MAIL RETURNED
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Joseph R. Dawson 0347450 - 06/13/2002 ORDER RE: AMICUS CURIAE (FORWARD TIME EXPIRED); 06/25/2002: RE-MAILED TO CURRENT ADDRESS
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07/10/2002
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ANSWER BRIEF-MERITS
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RS Richard Forum BY: RS Charles Fox Miller 0970270
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O&7, WITH DISKETTE
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07/10/2002
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APPENDIX
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RS Richard Forum BY: RS James Fox Miller 095070
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O&7
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07/10/2002
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AMICUS CURIAE ANSWER BRIEF-MERITS
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MR Publix Supermarkets BY: MR George N. Meros 263321
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O&7, WITH APPENDIX & DISKETTE
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08/01/2002
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MOTION-EXT OF TIME (REPLY BRIEF-MERITS)
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PT Boca Burger, Inc., Etc. BY: PT John R Hargrove 173745
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UNOPPOSED (O&1)
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08/07/2002
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ORDER-EXT OF TIME GR (REPLY BRIEF-MERITS)
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08/28/2002
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REPLY BRIEF-MERITS
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PT Boca Burger, Inc., Etc. BY: PT John R Hargrove 173745
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(O&6) W/DISKETTE (ADDITIONAL COPY FILED 8/30/02)
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08/28/2002
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REQUEST-ORAL ARGUMENT
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PT Boca Burger, Inc., Etc. BY: PT John R Hargrove 173745
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(O&7)
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08/30/2002
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CERTIFICATE OF SERVICE
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PT Boca Burger, Inc., Etc. BY: PT W. Kent Brown 0856347 (AMD. CERTIFICATE FILED 8/30/02 TO ACCOMPANY REQ. FOR ORAL ARGUMENT FILED 8/28/02)
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08/30/2002
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CERTIFICATE OF SERVICE
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PT Boca Burger, Inc., Etc. BY: PT W. Kent Brown 0856347 (AMD. CERTIFICATE FILED TO ACCOMPANY REPLY BRIEF FILED 8/28/02)
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09/12/2002
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NOTICE-SUPPLEMENTAL AUTHORITY
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RS Richard Forum BY: RS James Fox Miller 095070
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(O&7)
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09/13/2002
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ORDER-OTHER SUBSTANTIVE DY
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(PETITIONER'S MOTION TO SET ORAL ARGUMENT)
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10/03/2002
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LETTER
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Louis F. Hubener, Iii 140084 BY: Louis F. Hubener, Iii 140084
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DATED OCTOBER 2, 2002 (RE: PLEASE REMOVE T. KENT WETHERELL, II AND RICHARD A. HIXSON FROM THE CERTIFICATE OF SERVICE. THEY ARE NO LONGER EMPLOYED WITH THEIR OFFICE)
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01/03/2003
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NOTICE-SUPPLEMENTAL AUTHORITY
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PT Boca Burger, Inc., Etc. BY: PT John R Hargrove 173745
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(O&7)
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01/06/2003
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NOTICE-SUPPLEMENTAL AUTHORITY
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RS Richard Forum BY: RS Greg A. Lewen 47422
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(ORIGINAL ONLY) (7 ADDITIONAL COPIES FILED 1/13/03)
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10/15/2003
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NOTICE-SUPPLEMENTAL AUTHORITY
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RS Richard Forum BY: RS Greg A. Lewen 47422
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O&7
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03/17/2004
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NOTICE-SUPPLEMENTAL AUTHORITY
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PT Boca Burger, Inc., Etc. BY: PT John R. Beranek 5419
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O&1; 03/18/04: 6 COPIES FILED
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05/26/2004
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NOTICE-SUPPLEMENTAL AUTHORITY
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RS Richard Forum BY: RS Greg A. Lewen 47422
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O&7
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04/29/2005
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NOTICE-SUPPLEMENTAL AUTHORITY
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RS Richard Forum BY: RS Greg A. Lewen 47422
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O&7
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07/07/2005
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DISP-REMANDED
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We approve that part of the district court's opinion holding that a plaintiff has an absolute right to amend the complaint once as a matter of course before a responsive pleading is served. It therefore follows that leave of court is unnecessary to amend a complaint for the first time before the defendant has filed an answer. We disapprove the district court's opinion, however, to the extent it holds that a preemption argument cannot be presented in a motion to dismiss. To the contrary, we hold that it can. Finally, we conclude that the district court had no authority to impose sanctions for the conduct of Boca Burger and its counsel in the trial court. Because we cannot determine how much, if any, of the district court's decision was based on counsel's conduct on appeal--and because the record does not fully describe that conduct--we remand to the district court to consider that issue. If the district court does impose sanctions, it should state clearly whether its sanctions are to be imposed against Boca Burger itself, its counsel, or both. The court may also remand to the trial court to determine whether to impose sanctions for conduct that occurred in that court.
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07/18/2005
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MAIL RETURNED
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FROM DEBORAH J. LA FETRA - 07/07/2005 OPINION; RE-SENT TO CORRECT ADDRESS 07/19/2005
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07/22/2005
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MOTION-REHEARING
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PT Boca Burger, Inc., Etc. BY: PT John R. Beranek 5419
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(RC)(O&7) AND REQUEST FOR ORAL ARGUMENT
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07/22/2005
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APPENDIX
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PT Boca Burger, Inc., Etc. BY: PT John R. Beranek 5419
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(O&7) TO MOTION FOR REHEARING AND REQUEST FOR ORAL ARGUMENT
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08/01/2005
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MAIL RETURNED
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FROM FRANK A. SHEPERD - 07/07/2005 OPINION; 08/02/2005 RE-SENT TO CORRECT ADDRESS
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08/02/2005
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RESPONSE
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RS Richard Forum BY: RS James Fox Miller 095070
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(O&7) TO PETITIONER'S MOTION FOR REHEARING AND REQUEST FOR ORAL ARGUMENT
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08/31/2005
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ORDER-OTHER SUBSTANTIVE DY
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Petitioner's Motion for Rehearing and Request for Oral Argument and Respondent's Motion for Additional Attorney's Fees are denied. - VACATED 09/08/2005
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09/12/2005
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ORDER-VACATE
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The order of this Court dated August 31, 2005, denying Petitioner's Motion for Rehearing and Request for Oral Argument and Respondent's Motion for Additional Attorney's Fees was entered in clerical error and is hereby vacated.
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09/19/2005
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LETTER
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OF 09/12/2005 FROM FRANK A. SHEPHERD
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09/27/2005
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NOTICE-DISMISS (VOLUNTARY STIPULATION)
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PT Boca Burger, Inc., Etc. BY: PT John R Hargrove 173745
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FILED AS NOTIFICATION OF SETTLEMENT AND STIPULATION OF DISMISSAL
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09/29/2005
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ORDER-DISMISS DY
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The Notification of Settlement and Stipulation of Dismissal filed by the parties is being treated as a Motion to Dismiss and is hereby denied.
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09/29/2005
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DISP-REHEARING DY IN LIGHT OF REVISED OPINION
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In light of the revised opinion, the Petitioner's Motion for Rehearing and Request for Oral Argument is hereby denied. (RC)
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09/29/2005
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ORDER-ATTY FEES DY (J/M/O)
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Respondent 's Motion for Additional Attorney's Fees is hereby denied.
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10/20/2005
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MANDATE
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CC: COUNSEL
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10/20/2005
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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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1 VOLUME RECORD, 1 VOLUME SUPPLEMENTAL RECORD
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01/18/2006
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