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Doc. Date Docketed Description Filed by Notes
12/10/2004 NOTICE-DISCRETIONARY JURIS (CERT GPI) PT State Farm Mutual Insurance Company BY: PT Elizabeth K. Russo 260657
12/13/2004 Filing Fee $300 2004 - 1001131 Amount: $300
12/13/2004 Fee Paid In Full - $300
12/13/2004 ORDER-BRIEF SCHED (CERTIFIED)
12/22/2004 RECORD/TRANSCRIPT Hon. James Birkhold BY: Hon. James Birkhold CERTIFICATE OF CLERK, 5 VOLUMES RECORD, 1 VOLUME CC PAPERS, 2 VOLUMES SUPPLEMENTAL RECORD
12/22/2004 MOTION-EXT OF TIME (INITIAL BRIEF-MERITS) PT State Farm Mutual Insurance Company BY: PT Elizabeth K. Russo 260657
12/23/2004 LETTER PT State Farm Mutual Insurance Company BY: PT Stephen J. Jacobs 113042 RE: ATTORNEYS OF RECORD IN CASE NO. SC04-2313
12/27/2004 ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS) Petitioner's motion for extension of time is granted and petitioner is allowed to and including January 17, 2005, in which to serve the initial brief on the merits. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO PETITIONER FOR THE FILING OF THE INITIAL BRIEF ON THE MERITS. All other times will be extended accordingly.
01/20/2005 INITIAL BRIEF-MERITS PT State Farm Mutual Insurance Company BY: PT Elizabeth K. Russo 260657 W/APPENDIX (O&7) W/DISKETTE
01/20/2005 REQUEST-ORAL ARGUMENT PT State Farm Mutual Insurance Company BY: PT Elizabeth K. Russo 260657 (O&1)
01/24/2005 MOTION-AMICUS CURIAE MP Allstate Insurance Company BY: MP Charles W. Hall 326410 O&7
01/24/2005 AMICUS CURIAE INITIAL BRIEF-MERITS MP Allstate Insurance Company BY: MP Charles W. Hall 326410 O&7 W/E-MAIL
01/31/2005 ORDER-AMICUS CURIAE GR The motion for leave to file brief as amicus curiae filed by Allstate Insurance Company is hereby granted and they are allowed to file brief only in support of petitioner. The brief by the above referenced amicus curiae was filed with this Court on January 24, 2005.
01/31/2005 MOTION-EXT OF TIME (ANSWER BRIEF-MERITS) RS Margaret Roach BY: RS Joel D. Eaton 203513
02/02/2005 ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS)
03/02/2005 ANSWER BRIEF-MERITS RS Margaret Roach BY: RS Joel D. Eaton 203513 O&7 W/E-FILE
03/02/2005 MOTION-ATTORNEYS FEES RS Margaret Roach BY: RS Joel D. Eaton 203513 O&7; DENIED 02/13/2007
03/31/2005 REPLY BRIEF-MERITS PT State Farm Mutual Insurance Company BY: PT Elizabeth K. Russo 260657 O&7 W/DISKETTE
03/31/2005 MOTION-ATTORNEYS FEES PT State Farm Mutual Insurance Company BY: PT Elizabeth K. Russo 260657 O&7
07/11/2005 ORDER-OA SCHED/JURIS ACCEPTED
07/11/2005 ORAL ARGUMENT CALENDAR
08/22/2005 LETTER-CANON NOTIFICATION RE: JUSTICE CANTERO
10/07/2005 LETTER RS Margaret Roach BY: RS Joel D. Eaton 203513 DATED 10/05/2005 RE: RECUSAL OF JUSTICE CANTERO
10/07/2005 MOTION-RECUSAL/DISQUALIFICATION RS Margaret Roach BY: RS Joel D. Eaton 203513 FILED AS "LETTER DATED 10/05/2005"
10/12/2005 ORDER-RECUSAL DY Respondents have requested that Justice Cantero recuse himself from participation in the decision in this case based on his having previously represented petitioner State Farm Fire and Casualty Company, on unrelated matters. The motion is denied as facially insufficient. Prior representation of a party in an unrelated matter alone is an insufficient reason for recusal. See Perona v. Fort Pierce/ Port St. Lucie Tribune, 763 So. 2d 1188, 1189 (Fla. 4th DCA 2000) (denying writ of prohibition seeking to quash an order denying petitioner¿s motion to disqualify a judge where the judge had represented a party on a prior unrelated matter); see also Tampa St. Ry. & Power Co. v. Tampa Suburban R. Co., 11 So. 562, 564 (Fla. 1892) (¿The mere statement that ¿[the judge] had been counsel for the appellant company¿ would not justify [disqualification].¿). The motion is denied.
11/03/2005 ORAL ARGUMENT HELD
12/14/2006 DISP-QUASHED The public policy exception to the lex loci contractus rule is narrow. It applies only when necessary to protect "our own citizens," Herron, 110 So. at 542, not visitors or even temporary residents, and then only when necessary to promote a paramount public policy of this state. Although Florida welcomes its many visitors, whether for short or extended stays, we cannot rewrite their out-of-state contracts. To do so would throw conflicts-of-law jurisprudence into disarray and destroy the stability in contractual arrangements that the lex loci rule is designed to ensure. We therefore answer the certified question in the negative and quash the decision below.
01/05/2007 RECORD/TRANSCRIPT RETURNED Hon. James Birkhold BY: Hon. James Birkhold 5 VOLUMES OF RECORD AND 2 SUPPLEMENTAL VOLUMES
01/05/2007 MANDATE CC: COUNSEL
02/13/2007 ORDER-ATTY FEES GR & REMANDED (PARTY PREVAIL - M/O) Petitioner's motion for attorney's fees is provisionally granted and is remanded to the trial court to determine the amount, conditioned on the party prevailing pursuant to applicable statutes, rules and case law. Respondents motion for attorney's fees is hereby denied.
04/16/2007 ARCHIVES