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Doc. Date Docketed Description Filed by Notes
06/16/2004 NOTICE-DISCRETIONARY JURIS (CERT DIRECT CONFLICT) PT Florida Department of Revenue BY: PT William Harrison Branch 401552
06/22/2004 JURIS INITIAL BRIEF PT Florida Department of Revenue BY: PT William Harrison Branch 401552 (O&5) WITH APPENDIX (NO DISKETTE) (REQUESTING A DISKETTE)
06/28/2004 No Fee - State
06/28/2004 ORDER-BRIEF STRICKEN AS UNAUTHORIZED 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).
06/28/2004 ORDER-BRIEF SCHED (CERTIFIED)
07/06/2004 RECORD/TRANSCRIPT Hon. James Birkhold BY: Hon. James Birkhold 6 VOLUMES OF RECORD & CC PAPERS
07/06/2004 MAIL RETURNED PE James Willie Cummings BY: PE James Willie Cummings - ACKNOWLEDGMENT LETTER AND ORDERS (08/23/2004: FORWARDED TO NEW ADDRESS)
07/08/2004 MAIL RETURNED PE Vennis Norris Ellis BY: PE Vennis Norris Ellis - ACKNOWLEDGMENT LETTER AND ORDERS (08/23/2004: FORWARDED TO NEW ADDRESS)
07/12/2004 MAIL RETURNED PE William O. Stanton, Iii 473138 BY: PE William O. Stanton, Iii 473138 - ACKNOWLEDGMENT LETTER AND ORDERS (08/23/2004: FORWARDED TO NEW ADDRESS)
07/16/2004 MAIL RETURNED PE Christopher E. Hotalen BY: PE Christopher E. Hotalen - ACKNOWLEDGMENT LETTER AND ORDERS (08/23/2004: FORWARDED TO NEW ADDRESS
07/20/2004 MOTION-EXT OF TIME (INITIAL BRIEF-MERITS) PT Florida Department of Revenue BY: PT William Harrison Branch 401552
08/23/2004 ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS) - EXT TO 08/23/2004, NFE
08/23/2004 ORDER-COUNS APPOINTMENT 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.
08/23/2004 MOTION-EXT OF TIME (INITIAL BRIEF-MERITS) PT Florida Department of Revenue BY: PT William Harrison Branch 401552 SECOND MOTION FOR EXTENSION
08/31/2004 MAIL RETURNED FOR Vennis Norris Ellis - 06/28/2004 ORDER & ACK OF NEW CASE; & 08/23/2004 ORDER
09/03/2004 ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS) - EXT TO 09/09/2004
09/03/2004 MAIL RETURNED FOR Christopher E. Hotalen - 06/28/2004 ORDER & ACK OF NEW CASE; & 08/23/2004 ORDER
09/15/2004 MOTION-EXT OF TIME (INITIAL BRIEF-MERITS) PT Florida Department of Revenue BY: PT William Harrison Branch 401552
09/21/2004 ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS)
10/12/2004 INITIAL BRIEF-MERITS PT Florida Department of Revenue BY: PT William Harrison Branch 401552 (O&7) WITH DISKETTE
11/02/2004 MOTION-EXT OF TIME (ANSWER BRIEF-MERITS) RS James Willie Cummings BY: RS Louis K. Rosenbloum 194435
11/02/2004 ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS)
12/03/2004 ANSWER BRIEF-MERITS RS James Willie Cummings BY: RS Louis K. Rosenbloum 194435 O&7 W/E-MAIL
12/27/2004 MOTION-EXT OF TIME (REPLY BRIEF-MERITS) PT Florida Department of Revenue BY: PT William Harrison Branch 401552
01/03/2005 ORDER-EXT OF TIME GR (REPLY BRIEF-MERITS) 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.
02/03/2005 REPLY BRIEF-MERITS PT Florida Department of Revenue BY: PT William Harrison Branch 401552 O&7 W/DISKETTE
02/03/2005 MOTION-ACCEPTANCE AS TIMELY FILED (BRIEF) PT Florida Department of Revenue BY: PT William Harrison Branch 401552
02/04/2005 ORDER-ACCEPTANCE AS TIMELY FILED GR (BRIEF) 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.
02/28/2005 ORDER-OA SCHED/JURIS ACCEPTED
04/18/2005 MOTION-ORAL ARGUMENT RESCHEDULE PT Florida Department of Revenue BY: PT William Harrison Branch 401552
04/19/2005 ORDER-ORAL ARGUMENT RESCHEDULE GR 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.
06/22/2005 ORDER-ORAL ARGUMENT RESCHEDULE 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.
06/22/2005 ORAL ARGUMENT CALENDAR
09/28/2005 ORAL ARGUMENT HELD
05/11/2006 DISP-APPROVED 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.
06/01/2006 RECORD/TRANSCRIPT RETURNED Hon. James Birkhold BY: Hon. James Birkhold 6 VOLUMES
06/01/2006 MANDATE CC: COUNSEL
08/11/2006 ARCHIVES