|
Doc.
|
Date Docketed
|
Description
|
Filed by
|
Notes
|
|
09/17/2004
|
NOTICE-DISCRETIONARY JURIS (CERT DIRECT CONFLICT)
|
PT Mckenzie Check Advance Of Florida, Llc BY: PT Virginia B. Townes 361879
|
|
|
09/20/2004
|
Filing Fee $300
|
2004 - 1000650 Amount: $300
|
|
|
09/20/2004
|
Fee Paid In Full - $300
|
|
|
|
09/21/2004
|
ORDER-BRIEF SCHED (CERTIFIED)
|
|
|
|
10/11/2004
|
RECORD/TRANSCRIPT
|
Hon. Marilyn Nemzura Beuttenmuller, Clerk BY: Hon. Marilyn Nemzura Beuttenmuller, Clerk
|
7 VOLUMES & CERT/CLERK
|
|
10/11/2004
|
EXHIBITS
|
Hon. Marilyn Nemzura Beuttenmuller, Clerk BY: Hon. Marilyn Nemzura Beuttenmuller, Clerk
|
1 ENVELOPE
|
|
10/11/2004
|
MOTION-EXT OF TIME (INITIAL BRIEF-MERITS)
|
PT Mckenzie Check Advance Of Florida, Llc BY: PT Virginia B. Townes 361879
|
|
|
10/14/2004
|
MOTION-COUNS PRO HAC VICE (FOREIGN COUNSEL)
|
RS Wendy Betts BY: RS Richard A Fisher
|
FOR APPEARANCE ON BEHALF OF RESPONDENT: (AMENDED MOTION FILED 10/25/2004)
|
|
10/15/2004
|
ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS)
|
|
|
|
11/03/2004
|
ORDER-COUNSEL PRO HAC VICE GR (FOREIGN COUNSEL)
|
|
The motion to appear pro hac vice filed in the above cause by Richard A. Fisher, on behalf of respondent Wendy Betts, is hereby granted contingent upon counsel's payment of the $100.00 fee required by section 25.241(3), Florida Statutes (2004), within ten (10) days from the date of this order. FAILURE TO TIMELY COMPLY WITH THE PAYMENT REQUIREMENT COULD RESULT IN THIS ORDER BEING VACATED AND THE MOTION BEING DENIED.
|
|
11/12/2004
|
Pro Hac Vice
|
2004 - 1000950 Amount: $100
|
|
|
11/12/2004
|
FEE PAID-PRO HAC VICE
|
|
RS Wendy Betts BY: RS Richard A Fisher (R2004-1000950)
|
|
11/17/2004
|
REQUEST-ORAL ARGUMENT
|
PT Mckenzie Check Advance Of Florida, Llc BY: PT Virginia B. Townes 361879
|
O&7
|
|
11/17/2004
|
INITIAL BRIEF-MERITS
|
PT Mckenzie Check Advance Of Florida, Llc BY: PT Virginia B. Townes 361879
|
O&7 W/E-MAIL
|
|
11/17/2004
|
APPENDIX
|
PT Mckenzie Check Advance Of Florida, Llc BY: PT Virginia B. Townes 361879
|
O&7 (TO INITIAL BRIEF MERITS)
|
|
11/22/2004
|
CERTIFICATE OF SERVICE (AMD)
|
|
PT Mckenzie Check Advance Of Florida, Llc BY: PT Virginia Bullerman Townes 361879 (ON PETITIONER'S INITIAL BRIEF)
|
|
11/22/2004
|
CERTIFICATE OF SERVICE (AMD)
|
|
PT Mckenzie Check Advance Of Florida, Llc BY: PT Virginia Bullerman Townes 361879 (ON PETITIONERS' APPENDIX)
|
|
11/22/2004
|
CERTIFICATE OF SERVICE (AMD)
|
|
PT Mckenzie Check Advance Of Florida, Llc BY: PT Virginia Bullerman Townes 361879 (ON PETITIONERS' REQUEST FOR ORAL ARGUMENT)
|
|
11/22/2004
|
AMICUS CURIAE INITIAL BRIEF-MERITS
|
MP The Financial Service Centers Of Florida, Inc. BY: MP Warren H. Husband 0979899
|
W/APPENDIX (O&7 W/E-MAIL): (STRICKEN, APPENDIX DOES NOT CONTAIN DCA DECISION)
|
|
11/23/2004
|
AMICUS CURIAE INITIAL BRIEF-MERITS
|
MP The Community Financial Services Assoc. Of America BY: MP Warren H. Husband 0979899
|
W/APPENDIX (O&7 W/E-MAIL): (STRICKEN, APPENDIX DOES NOT CONTAIN DCA DECISION)
|
|
12/02/2004
|
MOTION-EXT OF TIME (ANSWER BRIEF-MERITS)
|
RS Wendy Betts BY: RS Christopher Craig Casper 48320
|
|
|
12/03/2004
|
ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS)
|
|
Respondent's motion for extension of time is granted and respondent is allowed to and including January 12, 2005, in which to serve the answer brief on the merits. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO RESPONDENT FOR THE FILING OF THE ANSWER BRIEF ON THE MERITS. All other times will be extended accordingly.
|
|
12/03/2004
|
MOTION-AMICUS CURIAE
|
MP The Community Financial Services Assoc. Of America BY: MP Warren H. Husband 0979899
|
O&1
|
|
12/03/2004
|
MOTION-AMICUS CURIAE
|
MP The Financial Service Centers Of Florida, Inc. BY: MP Warren H. Husband 0979899
|
O&1
|
|
12/14/2004
|
ORDER-AMICUS CURIAE GR
|
|
The motion for leave to file brief as amicus curiae filed by the Community Financial Services Association of America is hereby granted and they are allowed to file brief only in support of petitioners. The brief by the above referenced amicus curiae was filed with this Court on November 23, 2004. The motion for leave to file brief as amicus curiae filed by the Financial Service Centers of Florida, Inc. is hereby granted and they are allowed to file brief only in support of petitioners. The brief by the above referenced amicus curiae was filed with this Court on November 22, 2004.
|
|
12/14/2004
|
ORDER-BRIEF/APPENDIX STRICKEN (NON-COMPLIANCE)
|
|
The Community Financial Services Association of America's amicus curiae brief with appendix, which was filed with this Court on November 23, 2004, does not comply with Florida Rules of Appellate Procedure 9.120(d), 9.210 and 9.220 and is hereby stricken. The above amicus curiae is hereby directed, on or before January 3, 2005, to serve an original and seven (7) copies of an amended brief with appendix which contains at least a copy of the decision of the district court of appeal. The Financial Service Centers of Florida, Inc.'s amicus curiae brief with appendix, which was filed with this Court on November 22, 2004, does not comply with Florida Rules of Appellate Procedure 9.120(d), 9.210 and 9.220 and is hereby stricken. The above amicus curiae is hereby directed, on or before January 3, 2005, to serve an original and seven (7) copies of an amended brief with appendix which contains at least a copy of the decision of the district court of appeal.
|
|
01/05/2005
|
AMICUS CURIAE INITIAL AMD BRIEF-MERITS
|
MP The Financial Service Centers Of Florida, Inc. BY: MP Warren H. Husband 0979899
|
O&7 W/APPENDIX AND E-MAIL
|
|
01/05/2005
|
AMICUS CURIAE INITIAL AMD BRIEF-MERITS
|
MP The Community Financial Services Assoc. Of America BY: MP Warren H. Husband 0979899
|
O&7 W/APPENDIX AND E-MAIL
|
|
01/05/2005
|
MOTION-EXT OF TIME (AMICUS CURIAE BRIEF)
|
MP The Community Financial Services Assoc. Of America BY: MP Warren H. Husband 0979899
|
(O&1) TO FILE AMENDED AMICUS CURIAE BRIEFS OF THE FINANCIAL SERVICE CENTERS OF FLORIDA, INC. AND THE COMMUNITY FINANCIAL SERVICES ASSOCIATION OF AMERICA
|
|
01/06/2005
|
ORDER-EXT OF TIME GR (AMICUS CURIAE)
|
|
The joint motion for extension of time filed in the above case by amici curiae The Financial Service Centers of Florida, Inc. and The Community Financial Services Association of America is granted. The amended briefs of the merits of the above referenced amici curiae were filed with this Court on January 5, 2005.
|
|
01/14/2005
|
ANSWER BRIEF-MERITS
|
RS Wendy Betts BY: RS Christopher Craig Casper 48320
|
O&7 W/E-MAIL
|
|
01/14/2005
|
REQUEST-ORAL ARGUMENT
|
RS Wendy Betts BY: RS Christopher Craig Casper 48320
|
|
|
01/14/2005
|
APPENDIX
|
RS Wendy Betts BY: RS Christopher Craig Casper 48320
|
O&7 (REQ CERTIFICATE OF SERVICE): CERTIFICATE OF SERVICE FILED 01/18/2005
|
|
01/18/2005
|
CERTIFICATE OF SERVICE
|
|
RS Wendy Betts BY: RS Christopher C. Casper 048320 (ON APPENDIX TO ANSWER BRIEF-MERITS)
|
|
01/20/2005
|
MOTION-COUNS PRO HAC VICE (FOREIGN COUNSEL)
|
MR Aarp AARP BY: MR Lynn Drysdale 508489
|
FOR APPEARANCE ON BEHALF OF AMICI CURIAE FOR RESPONDENT
|
|
01/20/2005
|
AMICUS CURIAE ANSWER BRIEF-MERITS
|
MR Aarp AARP BY: MR Deborah M. Zuckerman
|
O&7 W/DISKETTE (OF AARP, NATIONAL ASSOCIATION OF CONSUMER ADVOCATES AND NATIONAL CONSUMER LAW CENTER)
|
|
01/25/2005
|
MOTION-AMICUS CURIAE
|
MR Aarp AARP BY: MR Lynn Drysdale 508489
|
|
|
01/28/2005
|
MOTION-EXT OF TIME (REPLY BRIEF-MERITS)
|
PT Mckenzie Check Advance Of Florida, Llc BY: PT Virginia B. Townes 361879
|
|
|
02/01/2005
|
ORDER-AMICUS CURIAE GR
|
|
The motion for leave to file brief as amici curiae filed by AARP, National Association of Consumer Advocates and National Consumer Law Center is hereby granted and they are allowed to file brief only in support of respondent. The brief by the above referenced amici curiae was filed with this Court on January 20, 2005.
|
|
02/01/2005
|
ORDER-COUNSEL PRO HAC VICE GR (FOREIGN COUNSEL)
|
|
The motion to appear pro hac vice filed in the above cause by Deborah Zuckerman, on behalf of amici curiae AARP, National Association of Consumer Advocates, and National Consumer Law Center, is hereby granted contingent upon counsel's payment of the $100.00 fee required by section 25.241(3), Florida Statutes (2004), within ten (10) days from the date of this order. FAILURE TO TIMELY COMPLY WITH THE PAYMENT REQUIREMENT COULD RESULT IN THIS ORDER BEING VACATED AND THE MOTION BEING DENIED.
|
|
02/02/2005
|
ORDER-EXT OF TIME GR (REPLY BRIEF-MERITS)
|
|
|
|
02/10/2005
|
LETTER
|
MR Aarp AARP BY: MR Deborah M. Zuckerman
|
DATED 02/09/2005, RE: TRANSMITTAL OF PRO HAC VICE FEE
|
|
02/11/2005
|
Pro Hac Vice
|
2005 - 1001426 Amount: $100
|
|
|
02/11/2005
|
FEE PAID-PRO HAC VICE
|
|
MR Aarp AARP BY: MR Deborah M. Zuckerman (R2005-1001426)
|
|
03/09/2005
|
MOTION-STRIKE
|
PT Mckenzie Check Advance Of Florida, Llc BY: PT Virginia B. Townes 361879
|
FILED AS :MOTION TO STRIKE PORTIONS OF RESPONDENT'S APPENDIX AND ARGUMENTS RELATED THERETO (O&7): (REQ AMD CERTIFICATE OF SERVICE)
|
|
03/09/2005
|
MOTION-RECUSAL/DISQUALIFICATION
|
PT Mckenzie Check Advance Of Florida, Llc BY: PT Virginia B. Townes 361879
|
(O&7) OF CHIEF JUSTICE PARIENTE: (REQ AMD CERTIFICATE OF SERVICE)
|
|
03/11/2005
|
REPLY BRIEF-MERITS
|
PT Mckenzie Check Advance Of Florida, Llc BY: PT Virginia B. Townes 361879
|
(O&7) WITH E-MAIL (REQ AMD CERTIFICATE OF SERVICE): (STRICKEN, SEE 05/12/2005 ORDER)
|
|
03/17/2005
|
CERTIFICATE OF SERVICE (AMD)
|
|
PT Mckenzie Check Advance Of Florida, Llc BY: PT Virginia Bullerman Townes 361879 (ON REPLY BRIEF MERITS)
|
|
03/17/2005
|
CERTIFICATE OF SERVICE (AMD)
|
|
PT Mckenzie Check Advance Of Florida, Llc BY: PT Virginia Bullerman Townes 361879 (MOTION FOR RECUSAL OF CHIEF JUSTICE PARIENTE)
|
|
03/17/2005
|
CERTIFICATE OF SERVICE (AMD)
|
|
PT Mckenzie Check Advance Of Florida, Llc BY: PT Virginia Bullerman Townes 361879 (PETITIONER'S MOTION TO STRIKE)
|
|
03/18/2005
|
ORDER-RECUSAL GR
|
|
The motion for recusal of the Honorable Chief Justice Pariente filed by petitioners is hereby granted and the Honorable Chief Justice Pariente shall be recused in the above styled cause.
|
|
03/24/2005
|
MOTION-EXT OF TIME (RESPONSE)
|
RS Wendy Betts BY: RS Christopher Craig Casper 48320
|
FILED AS: RESPONDENT'S AGREED MOTION FOR EXTENSION OF TIME TO RESPOND TO MOTION TO STRIKE (O&6)
|
|
03/28/2005
|
ORDER-EXT OF TIME GR (RESPONSE)
|
|
Respondent's motion for extension of time is granted and respondent is allowed to and including April 4, 2005, in which to serve its response to petitioner's motion to strike. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO RESPONDENT FOR SERVING THE RESPONSE. All other times are extended accordingly.
|
|
04/06/2005
|
RESPONSE
|
RS Wendy Betts BY: RS Christopher Craig Casper 48320
|
TO PETITIONER'S MOTION TO STRIKE PORTIONS OF RESPONDENT'S APPENDIX AND ARGUMENTS RELATED THERETO (O&7)
|
|
04/19/2005
|
ORDER-STRIKE DY
|
|
Petitioners' Motion to Strike Portions of Respondent's Appendix and Arguments Related Thereto is hereby denied without prejudice to argue the relevance of this material in an amended reply brief. Petitioners may file an original and seven (7) copies of an amended reply brief on the merits on or before May 9, 2005.
|
|
05/09/2005
|
REPLY AMD BRIEF-MERITS
|
PT Mckenzie Check Advance Of Florida, Llc BY: PT Virginia B. Townes 361879
|
O&7 & E-MAIL
|
|
05/12/2005
|
ORDER-BRIEF STRICKEN
|
|
In light of the filing of Petitioners' amended reply brief on the merits filed with this Court on May 9, 2005, it is ordered that Petitioners' reply brief on the merits filed with this Court on March 9, 2005, is hereby stricken.
|
|
06/22/2005
|
ORDER-OA SCHED/JURIS ACCEPTED
|
|
|
|
06/22/2005
|
ORAL ARGUMENT CALENDAR
|
|
|
|
09/30/2005
|
ORAL ARGUMENT HELD
|
|
|
|
11/23/2005
|
NOTICE-SUPPLEMENTAL AUTHORITY
|
RS Wendy Betts BY: RS E. Clayton Yates 398720
|
O&7
|
|
12/05/2005
|
NOTICE-SUPPLEMENTAL AUTHORITY
|
PT Mckenzie Check Advance Of Florida, Llc BY: PT Virginia B. Townes 361879
|
O&7
|
|
01/10/2006
|
NOTICE-SUPPLEMENTAL AUTHORITY
|
RS Wendy Betts BY: RS E. Clayton Yates 398720
|
O&7
|
|
04/27/2006
|
DISP-APPROVED
|
|
In conclusion, we hold that the original version of the Code did not include deferred presentment transactions. Therefore, at the time the transactions between Betts and NCA took place, the legality of such transactions was governed by Florida's usury laws. Accordingly, we approve the Fourth District's essential holding in McKenzie on this issue, and disapprove the Fifth's District decision in Ace Cash. We decline to consider other issues raised by the parties.
|
|
05/18/2006
|
MANDATE
|
|
CC: COUNSEL
|
|
05/19/2006
|
RECORD/TRANSCRIPT RETURNED
|
Hon. Marilyn Nemzura Beuttenmuller, Clerk BY: Hon. Marilyn Nemzura Beuttenmuller, Clerk
|
7 VOLUMES OF RECORD, 1 ENVELOPE EXHIBITS
|
|
08/11/2006
|
ARCHIVES
|
|
|
