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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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01/14/2003
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NOTICE-DISCRETIONARY JURIS (CERT GPI)
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PT Philip C. D'Angelo, M.D. BY: PT Esther E. Galicia 0510459
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01/16/2003
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Case Filing Fee
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2003 - 997652 Amount: $250
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01/16/2003
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Fee Paid in Full
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01/16/2003
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ORDER-BRIEF SCHED (CERTIFIED)
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01/16/2003
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MOTION-STAY (PROCEEDINGS BELOW)
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PT Philip C. D'Angelo, M.D. BY: PT Esther E. Galicia 0510459
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(FILED AS EMERGENCY MOTION FOR STAY OF SECOND DISTRICT'S MANDATE AND/OR OF ALL PROCEEDINGS BELOW PENDING REVIEW BY THE FLORIDA SUPREME COURT) (AMENDED MOTION FILED 1/21/03) (O&1)
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01/22/2003
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RESPONSE
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RS John J Fitzmaurice BY: RS Joel D. Eaton 203513
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(TO PETITIONERS' EMERGENCY AMENDED MOTION FOR STAY OF SECOND DISTRICT'S MANDATE AND/OR OF ALL PROCEEDINGS BELOW PENDING REVIEW BY THE FLORIDA SUPREME COURT)
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01/24/2003
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RECORD/TRANSCRIPT
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Hon. James Birkhold BY: Hon. James Birkhold
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(1 BOX: 18 VOLUMES, 1 SUPPLEMENTAL RECORD, 1 INDEX AND A CERTIFICATE OF THE CLERK) (SAME RECORD USED IN SC03-97)
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01/24/2003
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MOTION-CONSOLIDATION
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RS John J Fitzmaurice BY: RS Joel D. Eaton 203513
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(O&1) (WITH SC03-97)
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02/03/2003
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ORDER-STAY PROCEEDINGS BELOW GR
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Petitioners' Emergency Motion and Amended Motion for Stay of Second District's Mandate and/or of all Proceedings Below Pending Review by the Florida Supreme Court, filed in the above cause, are granted and District Court of Appeal, Second District, is directed to withdraw its mandate in this case and stay the proceedings below pending review in this Court, subject to petitioners paying respondents the undisputed amount of the trial court's judgment, plus interest to date, as well as the costs award, within ten (10) days of the date of this order, and purchasing a rider to the posted supersedeas bond guaranteeing interest on the remaining amount of the judgment for an additional two (2) years, at the current interest rate.
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02/10/2003
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ORDER-DISTRICT COURT OF APPEAL
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DATED 2/7/03, WITHDRAWING COURT'S MANDATE ISSUED ON 1/7/03, IN CASE NO. 2D01-1789 AND STAYING PROCEEDINGS IN THE CIRCUIT COURT FOR CHARLOTTE COUNTY PENDING REVIEW IN THE SUPREME COURT
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02/11/2003
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INITIAL BRIEF-MERITS
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PT Philip C. D'Angelo, M.D. BY: PT Esther E. Galicia 0510459
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(O&7) W/DISKETTE (NO APPENDIX)
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02/17/2003
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NOTICE-COMPLIANCE
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PT Philip C. D'Angelo, M.D. BY: PT Esther E. Galicia 0510459
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(O&7) (STATING THAT PARTY IS IN COMPLIANCE WITH THIS COURT'S 2/3/03 ORDER)
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02/18/2003
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MOTION-AMICUS CURIAE
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MP Florida Defense Lawyers Association BY: MP Wendy F. Lumish 334332
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(O&5) (IN SUPPORT OF PETITIONER)
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02/18/2003
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APPENDIX
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PT Philip C. D'Angelo, M.D. BY: PT Esther E. Galicia 0510459
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(O&7)
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02/18/2003
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AMICUS CURIAE INITIAL BRIEF-MERITS
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MP Florida Defense Lawyers Association BY: MP Wendy F. Lumish 334332
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(O&7) W/DISKETTE (DISKETTE SAVED IMPROPERLY, REQ. NEW) (NEW DISKETTE FILED 3/3/03)
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02/19/2003
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MOTION-WITHDRAW (MISC)
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RS John J Fitzmaurice BY: RS Joel D. Eaton 203513
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(O&1) (FILED AS A NOTICE OF WITHDRAWAL OF MOTION TO CONSOLIDATE RELATED PROCEEDINGS)
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02/20/2003
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ORDER-AMICUS CURIAE GR
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(THE FLORIDA DEFENSE LAWYERS ASSOCIATION)
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02/25/2003
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ORDER-WITHDRAW GR (MISC)
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Upon consideration of John F. Fitzmaurice and Carole M. Fitzmaurice's Notice of Withdrawal of Motion to Consolidate Related Proceedings, the Agreed Motion to Consolidated Related Proceedings filed with this Court on January 24, 2003, is hereby withdrawn.
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03/10/2003
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ANSWER BRIEF-MERITS
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RS John J Fitzmaurice BY: RS Joel D. Eaton 203513
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(O&7) WITH DISKETTE
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03/10/2003
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REQUEST-ORAL ARGUMENT
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RS John J Fitzmaurice BY: RS Joel D. Eaton 203513
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03/10/2003
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MOTION-ATTORNEYS FEES
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RS John J Fitzmaurice BY: RS Joel D. Eaton 203513
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(O&7)
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03/17/2003
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REQUEST-ORAL ARGUMENT
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PT Philip C. D'Angelo, M.D. BY: PT Esther E. Galicia 0510459
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(O&7)
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03/17/2003
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RESPONSE
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PT Philip C. D'Angelo, M.D. BY: PT Esther E. Galicia 0510459
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(IN OPPOSITION TO RESPONDENTS' MOTION FOR ATTORNEY'S FEES) (O&7)
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03/20/2003
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NOTICE-SUPPLEMENTAL AUTHORITY
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PT Philip C. D'Angelo, M.D. BY: PT Esther E. Galicia 0510459
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04/03/2003
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REPLY BRIEF-MERITS
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PT Philip C. D'Angelo, M.D. BY: PT Esther E. Galicia 0510459
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(O&7) (DISKETTE FILED 4/10/03)
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05/15/2003
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ORDER-OA SCHED/JURIS ACCEPTED
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& CONSOLIDATED W/SC03-97 FITZMAURICE v. D'ANGELO FOR PURPOSES OF ORAL ARGUMENT
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05/15/2003
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ORAL ARGUMENT CALENDAR
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SENT TO WEST 6/4/2003
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06/06/2003
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NOTICE-SUPPLEMENTAL AUTHORITY
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RS John J Fitzmaurice BY: RS Joel D. Eaton 203513
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O&7
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06/26/2003
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NOTICE-SUPPLEMENTAL AUTHORITY
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RS John J Fitzmaurice BY: RS Joel D. Eaton 203513
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O&7 (REQUESTED AMENDED CERTIFICATE OF SERVICE); 7/2/03: NOTICE-SUPPLEMENTAL AUTHORITY W/AMENDED CERTIFICATE OF SERVICE FILED
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07/02/2003
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NOTICE-SUPPLEMENTAL AUTHORITY
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RS John J Fitzmaurice BY: RS Joel D. Eaton 203513
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O&7
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08/04/2003
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NOTICE-SUPPLEMENTAL AUTHORITY
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RS John J Fitzmaurice BY: RS Joel D. Eaton 203513
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O&7
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08/27/2003
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NOTICE-SUPPLEMENTAL AUTHORITY
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PT Philip C. D'Angelo, M.D. BY: PT Esther E. Galicia 0510459
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O&7
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08/29/2003
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ORAL ARGUMENT HELD
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11/06/2003
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NOTICE-SUPPLEMENTAL AUTHORITY
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RS John J Fitzmaurice BY: RS Joel D. Eaton 203513
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O&7
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11/26/2003
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DISP-QUASHED & REMANDED
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We answer the certified question in the affirmative as to economic damages. We hold that it is appropriate to set off against the economic damages portion of an award against one tortfeasor in a medical malpractice action the economic damages portion of any settlement recovered from a settling tortfeasor for the same incident causing the injury where the settling tortfeasor was not included on the verdict form. However, there should be no setoff for noneconomic damages. We quash the Second District Court of Appeal's ruling on the setoff issue, approve the court's ruling on the attorney's fees issue, and remand this case to the trial court for entry of a judgment consistent with this opinion.
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12/15/2003
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LETTER
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Peter Jenkins Winders 088860 BY: Peter Jenkins Winders 088860
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ADVISING THAT ANDREA M. JOHNSON WILL JOIN THE LAW FIRM OF CARLTON FIELDS AS A TEMPORARY LAW CLERK ON 12/15/03.
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12/18/2003
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RECORD/TRANSCRIPT RETURNED
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18 VOL. AND 1 SUPPLEMENTAL VOL. AS SHARED WITH SC03-97
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12/18/2003
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MANDATE
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CC: COUNSEL AND LOWER COURT JUDGE AND CLERK
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01/20/2004
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ORDER-ATTY FEES DY (J/M/O)
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02/17/2004
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MOTION-OTHER SUBSTANTIVE
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PT Philip C. D'Angelo, M.D. BY: PT Esther E. Galicia 0510459
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FILED AS MOTION FOR REVIEW OF SECOND DISTRICT COURT OF APPEAL'S 01/28/04 ORDER DENYING PETITIONERS'/APPELLANTS' MOTION FOR TAXATION OF APPELLATE COSTS W/APPENDIX
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02/19/2004
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RESPONSE
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RS John J Fitzmaurice BY: RS Joel D. Eaton 203513
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TO PETITIONER'S MOTION FOR REVIEW, ETC. (O&7)
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06/17/2004
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ORDER-RESPONSE/REPLY REQUESTED (DCA)
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Petitioner has filed a Motion for Review of Second District Court of Appeal's January 28, 2004 Order Denying Petitioners'/Appellants' Motion for Taxation of Appellate Costs. The Second District Court of Appeal is directed to serve a response to the above motion on or before July 6, 2004.
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07/02/2004
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RESPONSE
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Hon. James Birkhold BY: Hon. James Birkhold
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TO ORDER DATED 06/17/2004
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07/08/2004
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ORDER-OTHER SUBSTANTIVE DY
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Petitioners' Motion for Review of Second District Court of Appeal's January 28, 2004 Order Denying Petitioners'/Appellants' Motion for Taxation of Appellate Costs is hereby denied as moot.
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09/23/2004
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ARCHIVES
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