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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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09/22/2004
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NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT)
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PT Sherry Palicte Zold BY: PT Amy Christine Hamlin 255830
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09/23/2004
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Filing Fee $300
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2004 - 1000680 Amount: $300
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09/23/2004
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Fee Paid In Full - $300
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09/24/2004
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JURIS INITIAL BRIEF
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PT Sherry Palicte Zold BY: PT Norman D. Levin 0213322
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O&5 W/DISKETTE
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09/24/2004
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APPENDIX
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PT Sherry Palicte Zold BY: PT Norman D. Levin 0213322
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O&5
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10/06/2004
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JURIS ANSWER BRIEF
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RS John F. Zold BY: RS Charles W. Willits 122025
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O&5 W/DISKETTE
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11/10/2004
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ORDER-OA&BRIEF SCHED/JURIS ACCEPTED
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11/10/2004
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ORAL ARGUMENT CALENDAR
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12/06/2004
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INITIAL BRIEF-MERITS
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PT Sherry Palicte Zold BY: PT Amy Christine Hamlin 255830
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O&7 W/DISKETTE
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12/06/2004
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APPENDIX
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PT Sherry Palicte Zold BY: PT Amy Christine Hamlin 255830
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(O&7) ON INITIAL BRIEF-MERITS
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12/09/2004
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MOTION-ATTORNEYS FEES
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PT Sherry Palicte Zold BY: PT Amy Christine Hamlin 255830
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REQ. COPIES: (7 COPIES FILED 12/13/2004)
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12/10/2004
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RECORD/TRANSCRIPT
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Frank J Habershaw BY: Frank J Habershaw
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1 BOX CONTAINING: CERTIFICATE OF CLERK, 13 VOLUMES RECORD, 2 VOLUMES SUPPLEMENTAL RECORD, AND 2 VOLUMES CC PAPERS
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12/22/2004
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MOTION-EXT OF TIME (ANSWER BRIEF-MERITS)
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RS John F. Zold BY: RS Charles W. Willits 122025
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12/27/2004
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ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS)
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Respondent's motion for extension of time is granted and respondent is allowed to and including January 17, 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.
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01/12/2005
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ANSWER BRIEF-MERITS
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RS John F. Zold BY: RS Charles W. Willits 122025
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O&7 W/APPENDIX AND DISKETTE
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02/07/2005
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REPLY BRIEF-MERITS
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PT Sherry Palicte Zold BY: PT Amy Christine Hamlin 255830
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(O&7 W/DISKETTE) FILED AS: PETITIONER'S REPLY BRIEF AND CROSS ANSWER BRIEF
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02/07/2005
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APPENDIX
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PT Sherry Palicte Zold BY: PT Amy Christine Hamlin 255830
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O&7
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02/11/2005
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ORDER-BRIEF STRICKEN (NON-COMPLIANCE)
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Petitioner's Reply Brief and Cross Answer Brief, which was filed with this Court on February 7, 2005, does not comply with Florida Rule of Appellate Procedure 9.210 and is hereby stricken. Petitioner is hereby directed, on or before February 21, 2005, to serve an original and seven (7) copies of an amended reply brief on the merits which does not exceed fifteen (15) pages in length.
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02/11/2005
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ORDER-APPENDIX STRICKEN
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Petitioner's Appendix for Reply Brief and Cross Answer Brief which was filed with this Court on February 7, 2005, does not comply with Florida Rule of Appellate Procedure 9.220 and is hereby stricken. Petitioner is hereby directed, on or before February 21, 2005, to serve an original and seven (7) copies of an amended appendix which contains at least a conformed copy of the decision of the district court of appeal and a certificate of service.
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02/21/2005
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REPLY AMD BRIEF-MERITS
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PT Sherry Palicte Zold BY: PT Amy Christine Hamlin 255830
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O&7 W/DISKETTE
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02/21/2005
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APPENDIX (AMENDED)
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PT Sherry Palicte Zold BY: PT Amy Christine Hamlin 255830
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O&7
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02/21/2005
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MOTION-STRIKE
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PT Sherry Palicte Zold BY: PT Amy Christine Hamlin 255830
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(O&7) PETITIONER'S MOTION TO STRIKE PORTION OF RESPONDENT'S ANSWER BRIEF OR, IN THE ALTERNATIVE, PETITIONER'S MOTION TO EXCEED PAGE LIMIT FOR REPLY BRIEF
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02/21/2005
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MOTION-TOLL TIME
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PT Sherry Palicte Zold BY: PT Amy Christine Hamlin 255830
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(O&7) PETITIONER'S RQUEST TO TOLL TIME IN CONJUNCTION WITH PETITIONER'S MOTION TO STRIKE PORTION OF RESPONDENT'S ANSWER BRIEF OR IN THE ALTERNATIVE, PETITIONER'S MOTION TO EXCEED PAGE LIMIT FOR REPLY BRIEF
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03/15/2005
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ORDER-STRIKE DY
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Petitioner's Motion to Strike Portion of Respondent's Answer Brief, or in the Alternative, Petitioner's Motion to Exceed Page Limit for Reply Brief, is hereby denied. Petitioner's amended reply brief on the merits was filed with this Court on February 21, 2005.
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04/06/2005
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ORAL ARGUMENT HELD
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09/15/2005
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DISP-APPROVED IN PART
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For the foregoing reasons, we approve the Fifth District decision in this case to the extent that it holds that undistributed "pass-through" income is not automatically attributable to a shareholder-spouse as income under chapter 61. However, we quash the decision below to the extent that its first remand instruction places the burden on the nonshareholder-spouse to prove that the undistributed "pass-through" income was retained for noncorporate purposes. Upon remand the trial court is to make factual findings as to the income available to the husband with the burden on the husband to establish that Tri Tech's undistributed "pass-through" income was retained for corporate purposes. We also approve the Fifth District's second and third remand instructions. We approve the approach set forth in McHugh and disapprove Martinez, Sohacki, and Zipperer to the extent that those decisions apply a bright line rule to determine whether undistributed "pass-through" income should be treated as income under chapter 61.
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10/06/2005
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RECORD/TRANSCRIPT RETURNED
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Frank J Habershaw BY: Frank J Habershaw
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1 BOX, 13 VOLUMES
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10/06/2005
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MANDATE
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CC: COUNSEL
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10/17/2005
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ORDER-ATTY FEES GR & REMANDED (COND Need Ability - M/O)
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Petitioner's Motion for Appellate Attorney's Fees and Costs is provisionally granted and is remanded to the trial court for a fee award appropriate in light of the parties' respective financial need and ability to pay.
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01/18/2006
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ARCHIVES
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