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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03/05/2004
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NOTICE-DISCRETIONARY JURIS (CERT GPI)
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PT Southern Baptist Hospital Of Florida, Inc. BY: PT Harvey L. Jay, Iii 0745359
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03/15/2004
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JURIS INITIAL BRIEF
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PT Southern Baptist Hospital Of Florida, Inc. BY: PT Harvey L. Jay, Iii 0745359
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W/APPENDIX (O&5 W/DISKETTE)
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03/16/2004
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Case Filing Fee
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2004 - 999662 Amount: $250
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03/16/2004
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Fee Paid in Full
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03/16/2004
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ORDER-BRIEF SCHED (CERTIFIED)
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03/18/2004
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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)(v).
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04/05/2004
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MOTION-EXT OF TIME (INITIAL BRIEF-MERITS)
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PT Southern Baptist Hospital Of Florida, Inc. BY: PT Harvey L. Jay, Iii 0745359
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04/05/2004
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ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS)
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Petitioner's motion for extension of time is granted and petitioner is allowed to and including May 12, 2004, 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.
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04/26/2004
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MOTION-AMICUS CURIAE
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MP Florida Hospital Association ("FHA") BY: MP Gail Leverett Parenti 380164
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05/06/2004
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RESPONSE
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RS Jeffrey W. Welker BY: RS Lawrence C. Datz 371386
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TO MOTION FOR LEAVE TO APPEAR AS AMICUS CURIAE (FHA)
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05/10/2004
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MOTION-AMICUS CURIAE
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MP Florida Defense Lawyers Association BY: MP Tracy Raffles Gunn 984371
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05/12/2004
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INITIAL BRIEF-MERITS
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PT Southern Baptist Hospital Of Florida, Inc. BY: PT Harvey L. Jay, Iii 0745359
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W/APPENDIX (O&7 W/DISKETTE)
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05/12/2004
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RESPONSE
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RS Jeffrey W. Welker BY: RS Lawrence C. Datz 371386
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TO MOTION FOR LEAVE TO APPEAR AS AMICUS CURIAE (FDLA)
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05/17/2004
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RECORD/TRANSCRIPT
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Jon S. Wheeler BY: Jon S. Wheeler
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1 VOLUME CC PAPERS AND 1 VOLUME RECORD
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05/17/2004
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AMICUS CURIAE INITIAL BRIEF-MERITS
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MP Florida Defense Lawyers Association BY: MP Rebecca Delaney 235090
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O&7 W/DISKETTE
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05/18/2004
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MOTION-AMICUS CURIAE
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MP Shands Teaching Hospital & Clinics, Inc. SHANDS BY: MP Ronald L Harrop 260584
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05/24/2004
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RESPONSE
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RS Jeffrey W. Welker BY: RS Lawrence C. Datz 371386
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TO 5/18/2004, MOTION FOR LEAVE TO FILE AND AMICUS CURIAE BRIEF AND EXTENDED TIME FOR SERVICE OF AMICUS CURIAE BRIEL.
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06/08/2004
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ANSWER BRIEF-MERITS
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RS Jeffrey W. Welker BY: RS Lawrence C. Datz 371386
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O&7 W/DISKETTE; 6/17/04 BRIEF STRICKEN
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06/08/2004
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REQUEST-ORAL ARGUMENT
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RS Jeffrey W. Welker BY: RS Lawrence C. Datz 371386
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06/17/2004
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ORDER-AMICUS CURIAE GR
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FLORIDA HOSPITAL ASSOCIATION, FLORIDA DEFENSE LAWYERS' ASSOCIATION, AND SHANDS TEACHING HOSPITAL AND CLINICS AMICI CURIAE ARE HEREBY GRANTED. SHANDS AND FLORIDA HOSPITAL ASSOCIATION SHALL HAVE TO AND INCLUDING JUNE 22, 2004, IN WHICH TO FILE THEIR BRIEF. RESPONDENT'S ANSWER BRIEF ON THE MERITS, FILED WITH THIS COURT ON JUNE 8, 2004, IS HEREBY STRICKEN AND RESPONDENT SHALL HAVE 20 DAYS FROM THE DATE OF SERVICE OF THE AMICUS CURIAE BRIEFS OF FHA AND SHANDS WHICH TO FILE AND SERVE AN AMENDED ANSWER BRIEF ON THE MERITS.
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06/21/2004
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AMICUS CURIAE INITIAL BRIEF-MERITS
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MP Florida Hospital Association ("FHA") BY: MP Gail Leverett Parenti 380164
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O&7, WITH DISKETTE
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06/21/2004
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AMICUS CURIAE INITIAL BRIEF-MERITS
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MP Shands Teaching Hospital & Clinics, Inc. SHANDS BY: MP Ronald L Harrop 260584
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O&7; 6/24/04 FILED DISKETTE
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07/08/2004
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ANSWER AMD BRIEF-MERITS
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RS Jeffrey W. Welker BY: RS Lawrence C. Datz 371386
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O&7 W/DISKETTE (REQ. AMD CERTIFICATE OF SERVICE)
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07/14/2004
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CERTIFICATE OF SERVICE (AMD)
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RS Jeffrey W. Welker BY: RS Lawrence C. Datz 0371386 - FOR AMD ANSWER BRIEF-MERITS
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08/02/2004
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REPLY BRIEF-MERITS
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PT Southern Baptist Hospital Of Florida, Inc. BY: PT Harvey L. Jay, Iii 0745359
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O&7 W/DISKETTE (REQ. AMENDED CERTIFICATE OF SERVICE)
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08/04/2004
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CERTIFICATE OF SERVICE (AMD)
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PT Southern Baptist Hospital Of Florida, Inc. BY: PT Harvey L. Jay, Iii 0745359 - FOR REPLY BRIEF MERITS
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09/10/2004
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ORDER-OA SCHED/JURIS ACCEPTED
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10/08/2004
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ORAL ARGUMENT CALENDAR
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10/08/2004
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ORDER-ORAL ARGUMENT RESCHEDULE
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At the direction of the Court, the above case which was scheduled for oral argument on Wednesday, December 8, 2004, has been rescheduled for oral argument at 9:00 a.m., Tuesday, January 11, 2005. A maximum of twenty (20) minutes to the side is allowed for the argument.
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01/11/2005
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ORAL ARGUMENT HELD
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01/11/2005
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ORDER-SUPP LOWER TRIBUNAL DOCUMENTS REQ
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The First District Court of Appeal is hereby directed, on or before January 21, 2005, to supplement the record with the briefs filed in that Court as well as any transcript and/or videotape(s) of oral arguments held in that Court.
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01/12/2005
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SUPP RECORD/TRANSCRIPT
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Jon S. Wheeler BY: Jon S. Wheeler
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1 VOLUME AND 1 ENVELOPE CONTAINING ORAL ARGUMENT TAPE (PER 01/11/2005 ORDER)
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01/19/2005
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RECORD/TRANSCRIPT RETURNED
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Jon S. Wheeler BY: Jon S. Wheeler
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ORAL ARGUMENT TAPE RETURNED TO DCA TO CORRECT SPEED AND CONVERT TO CD-ROM
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01/24/2005
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RECORD/TRANSCRIPT
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Jon S. Wheeler BY: Jon S. Wheeler
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1 ENVELOPE CONTAINING ORAL ARGUMENT TAPE ON CD-ROM
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04/14/2005
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DISP-REMANDED
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Accordingly, we decline to answer the certified question. For the same reason, we also decline to address the issue of whether, assuming count three states a valid cause of action, the claim against the hospital for vicarious liability based on the acts of the mental health counselor is subject to the presuit requirements of section 766.106. Because the First District concluded without elaboration that a cause of action for negligent interference with parental rights had been stated, we are compelled to quash the First District's decision. However, we neither approve nor disapprove of its conclusions that count three states a cause of action, and that the cause of action is neither barred by the impact rule nor chapter 766. We remand with directions to permit Welker leave to file a second amended complaint in the trial court at which time any defenses can be raised.
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04/21/2005
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MAIL RETURNED
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04/14/2005 OPINION FROM GAIL LEVERETT PARENTI - VERIFIED ADDRESS IS CORRECT; 04/22/2005 REMAILED TO SAME ADDRESS
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05/06/2005
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RECORD/TRANSCRIPT RETURNED
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Jon S. Wheeler BY: Jon S. Wheeler
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1 VOLUME, 1 SUPPLEMENTAL VOLUME, 1 ENVELOPE CONTAINING CD ROM.
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05/06/2005
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MANDATE
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CC: COUNSEL
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06/15/2005
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ARCHIVES
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