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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06/16/2004
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NOTICE-DISCRETIONARY JURIS (CERT DIRECT CONFLICT)
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PT Florida Department of Revenue BY: PT William Harrison Branch 401552
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06/22/2004
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JURIS INITIAL BRIEF
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PT Florida Department of Revenue BY: PT William Harrison Branch 401552
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(O&5) WITH APPENDIX (NO DISKETTE) (REQUESTING A DISKETTE)
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06/28/2004
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No Fee - State
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06/28/2004
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ORDER-BRIEF STRICKEN AS UNAUTHORIZED
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Petitioner's brief on jurisdiction is hereby stricken as unauthorized as jurisdictional briefs are not allowed pursuant to Florida Rule of Appellate Procedure 9.120(d) on cases invoking this Court's jurisdiction under Florida Rule of Appellate Procedure 9.030(a)(2)(A)(vi).
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06/28/2004
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ORDER-BRIEF SCHED (CERTIFIED)
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07/06/2004
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RECORD/TRANSCRIPT
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Hon. James Birkhold BY: Hon. James Birkhold
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6 VOLUMES OF RECORD & CC PAPERS
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07/06/2004
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MAIL RETURNED
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PE James Willie Cummings BY: PE James Willie Cummings - ACKNOWLEDGMENT LETTER AND ORDERS (08/23/2004: FORWARDED TO NEW ADDRESS)
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07/08/2004
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MAIL RETURNED
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PE Vennis Norris Ellis BY: PE Vennis Norris Ellis - ACKNOWLEDGMENT LETTER AND ORDERS (08/23/2004: FORWARDED TO NEW ADDRESS)
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07/12/2004
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MAIL RETURNED
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PE William O. Stanton, Iii 473138 BY: PE William O. Stanton, Iii 473138 - ACKNOWLEDGMENT LETTER AND ORDERS (08/23/2004: FORWARDED TO NEW ADDRESS)
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07/16/2004
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MAIL RETURNED
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PE Christopher E. Hotalen BY: PE Christopher E. Hotalen - ACKNOWLEDGMENT LETTER AND ORDERS (08/23/2004: FORWARDED TO NEW ADDRESS
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07/20/2004
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MOTION-EXT OF TIME (INITIAL BRIEF-MERITS)
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PT Florida Department of Revenue BY: PT William Harrison Branch 401552
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08/23/2004
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ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS)
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- EXT TO 08/23/2004, NFE
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08/23/2004
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ORDER-COUNS APPOINTMENT
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It is ordered that Louis K. Rosenbloum of Louis K. Rosenbloum, P.A., 4300 Bayou Boulevard, Suite 36, Pensacola, Florida 32503-2671, is hereby appointed counsel for Respondents James "Willie" Cummings, Vennis Norris Ellis, Christopher E. Hotalen, Larry J. Peruzzi, Henry J. Stafford, II, and William O. Stanton, III. All further pleadings for respondents shall be filed by the respondents' counsel only.
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08/23/2004
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MOTION-EXT OF TIME (INITIAL BRIEF-MERITS)
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PT Florida Department of Revenue BY: PT William Harrison Branch 401552
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SECOND MOTION FOR EXTENSION
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08/31/2004
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MAIL RETURNED
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FOR Vennis Norris Ellis - 06/28/2004 ORDER & ACK OF NEW CASE; & 08/23/2004 ORDER
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09/03/2004
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ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS)
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- EXT TO 09/09/2004
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09/03/2004
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MAIL RETURNED
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FOR Christopher E. Hotalen - 06/28/2004 ORDER & ACK OF NEW CASE; & 08/23/2004 ORDER
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09/15/2004
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MOTION-EXT OF TIME (INITIAL BRIEF-MERITS)
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PT Florida Department of Revenue BY: PT William Harrison Branch 401552
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09/21/2004
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ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS)
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10/12/2004
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INITIAL BRIEF-MERITS
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PT Florida Department of Revenue BY: PT William Harrison Branch 401552
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(O&7) WITH DISKETTE
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11/02/2004
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MOTION-EXT OF TIME (ANSWER BRIEF-MERITS)
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RS James Willie Cummings BY: RS Louis K. Rosenbloum 194435
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11/02/2004
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ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS)
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12/03/2004
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ANSWER BRIEF-MERITS
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RS James Willie Cummings BY: RS Louis K. Rosenbloum 194435
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O&7 W/E-MAIL
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12/27/2004
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MOTION-EXT OF TIME (REPLY BRIEF-MERITS)
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PT Florida Department of Revenue BY: PT William Harrison Branch 401552
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01/03/2005
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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 January 26, 2004, in which to serve the reply brief on the merits. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO PETITIONER FOR THE FILING OF THE REPLY BRIEF ON THE MERITS.
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02/03/2005
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REPLY BRIEF-MERITS
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PT Florida Department of Revenue BY: PT William Harrison Branch 401552
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O&7 W/DISKETTE
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02/03/2005
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MOTION-ACCEPTANCE AS TIMELY FILED (BRIEF)
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PT Florida Department of Revenue BY: PT William Harrison Branch 401552
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02/04/2005
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ORDER-ACCEPTANCE AS TIMELY FILED GR (BRIEF)
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Petitioners' motion to accept brief as timely filed is granted and petitioners' reply brief on the merits was filed with this Court on February 3, 2005. In the future, counsel should file a motion for extension of time prior to the due date to avoid possible sanctions.
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02/28/2005
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ORDER-OA SCHED/JURIS ACCEPTED
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04/18/2005
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MOTION-ORAL ARGUMENT RESCHEDULE
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PT Florida Department of Revenue BY: PT William Harrison Branch 401552
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04/19/2005
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ORDER-ORAL ARGUMENT RESCHEDULE GR
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Petitioner's Motion for Order Continuing Oral Argument is granted and the above case which was scheduled for oral argument on Thursday, May 5, 2005, has been removed from the oral argument calendar and will be rescheduled for oral argument at a later date.
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06/22/2005
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ORDER-ORAL ARGUMENT RESCHEDULE
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The above case which was scheduled for oral argument on Thursday, May 5, 2005, has been rescheduled for oral argument at 9:00 a.m., Wednesday, September 28, 2005. A maximum of twenty (20) 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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06/22/2005
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ORAL ARGUMENT CALENDAR
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09/28/2005
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ORAL ARGUMENT HELD
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05/11/2006
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DISP-APPROVED
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For the reasons stated above, we approve the Second District's holding in Cummings, 871 So. 2d 1055, and disapprove Pate, 824 So. 2d 1038, to the extent it is inconsistent with this opinion. We hold that a legal father is an indispensable party in an action to determine paternity and to place support obligations on another man unless it is conclusively established that the legal father's rights to the child have been divested by some earlier judgment.
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06/01/2006
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RECORD/TRANSCRIPT RETURNED
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Hon. James Birkhold BY: Hon. James Birkhold
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6 VOLUMES
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06/01/2006
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MANDATE
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CC: COUNSEL
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08/11/2006
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ARCHIVES
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