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Doc. Date Docketed Description Filed by Notes
03/05/2004 NOTICE-DISCRETIONARY JURIS (CERT GPI) PT Southern Baptist Hospital Of Florida, Inc. BY: PT Harvey L. Jay, Iii 0745359
03/15/2004 JURIS INITIAL BRIEF PT Southern Baptist Hospital Of Florida, Inc. BY: PT Harvey L. Jay, Iii 0745359 W/APPENDIX (O&5 W/DISKETTE)
03/16/2004 Case Filing Fee 2004 - 999662 Amount: $250
03/16/2004 Fee Paid in Full
03/16/2004 ORDER-BRIEF SCHED (CERTIFIED)
03/18/2004 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)(v).
04/05/2004 MOTION-EXT OF TIME (INITIAL BRIEF-MERITS) PT Southern Baptist Hospital Of Florida, Inc. BY: PT Harvey L. Jay, Iii 0745359
04/05/2004 ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS) Petitioner's motion for extension of time is granted and petitioner is allowed to and including 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.
04/26/2004 MOTION-AMICUS CURIAE MP Florida Hospital Association ("FHA") BY: MP Gail Leverett Parenti 380164
05/06/2004 RESPONSE RS Jeffrey W. Welker BY: RS Lawrence C. Datz 371386 TO MOTION FOR LEAVE TO APPEAR AS AMICUS CURIAE (FHA)
05/10/2004 MOTION-AMICUS CURIAE MP Florida Defense Lawyers Association BY: MP Tracy Raffles Gunn 984371
05/12/2004 INITIAL BRIEF-MERITS PT Southern Baptist Hospital Of Florida, Inc. BY: PT Harvey L. Jay, Iii 0745359 W/APPENDIX (O&7 W/DISKETTE)
05/12/2004 RESPONSE RS Jeffrey W. Welker BY: RS Lawrence C. Datz 371386 TO MOTION FOR LEAVE TO APPEAR AS AMICUS CURIAE (FDLA)
05/17/2004 RECORD/TRANSCRIPT Jon S. Wheeler BY: Jon S. Wheeler 1 VOLUME CC PAPERS AND 1 VOLUME RECORD
05/17/2004 AMICUS CURIAE INITIAL BRIEF-MERITS MP Florida Defense Lawyers Association BY: MP Rebecca Delaney 235090 O&7 W/DISKETTE
05/18/2004 MOTION-AMICUS CURIAE MP Shands Teaching Hospital & Clinics, Inc. SHANDS BY: MP Ronald L Harrop 260584
05/24/2004 RESPONSE RS Jeffrey W. Welker BY: RS Lawrence C. Datz 371386 TO 5/18/2004, MOTION FOR LEAVE TO FILE AND AMICUS CURIAE BRIEF AND EXTENDED TIME FOR SERVICE OF AMICUS CURIAE BRIEL.
06/08/2004 ANSWER BRIEF-MERITS RS Jeffrey W. Welker BY: RS Lawrence C. Datz 371386 O&7 W/DISKETTE; 6/17/04 BRIEF STRICKEN
06/08/2004 REQUEST-ORAL ARGUMENT RS Jeffrey W. Welker BY: RS Lawrence C. Datz 371386
06/17/2004 ORDER-AMICUS CURIAE GR 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.
06/21/2004 AMICUS CURIAE INITIAL BRIEF-MERITS MP Florida Hospital Association ("FHA") BY: MP Gail Leverett Parenti 380164 O&7, WITH DISKETTE
06/21/2004 AMICUS CURIAE INITIAL BRIEF-MERITS MP Shands Teaching Hospital & Clinics, Inc. SHANDS BY: MP Ronald L Harrop 260584 O&7; 6/24/04 FILED DISKETTE
07/08/2004 ANSWER AMD BRIEF-MERITS RS Jeffrey W. Welker BY: RS Lawrence C. Datz 371386 O&7 W/DISKETTE (REQ. AMD CERTIFICATE OF SERVICE)
07/14/2004 CERTIFICATE OF SERVICE (AMD) RS Jeffrey W. Welker BY: RS Lawrence C. Datz 0371386 - FOR AMD ANSWER BRIEF-MERITS
08/02/2004 REPLY BRIEF-MERITS PT Southern Baptist Hospital Of Florida, Inc. BY: PT Harvey L. Jay, Iii 0745359 O&7 W/DISKETTE (REQ. AMENDED CERTIFICATE OF SERVICE)
08/04/2004 CERTIFICATE OF SERVICE (AMD) PT Southern Baptist Hospital Of Florida, Inc. BY: PT Harvey L. Jay, Iii 0745359 - FOR REPLY BRIEF MERITS
09/10/2004 ORDER-OA SCHED/JURIS ACCEPTED
10/08/2004 ORAL ARGUMENT CALENDAR
10/08/2004 ORDER-ORAL ARGUMENT RESCHEDULE 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.
01/11/2005 ORAL ARGUMENT HELD
01/11/2005 ORDER-SUPP LOWER TRIBUNAL DOCUMENTS REQ 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.
01/12/2005 SUPP RECORD/TRANSCRIPT Jon S. Wheeler BY: Jon S. Wheeler 1 VOLUME AND 1 ENVELOPE CONTAINING ORAL ARGUMENT TAPE (PER 01/11/2005 ORDER)
01/19/2005 RECORD/TRANSCRIPT RETURNED Jon S. Wheeler BY: Jon S. Wheeler ORAL ARGUMENT TAPE RETURNED TO DCA TO CORRECT SPEED AND CONVERT TO CD-ROM
01/24/2005 RECORD/TRANSCRIPT Jon S. Wheeler BY: Jon S. Wheeler 1 ENVELOPE CONTAINING ORAL ARGUMENT TAPE ON CD-ROM
04/14/2005 DISP-REMANDED 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.
04/21/2005 MAIL RETURNED 04/14/2005 OPINION FROM GAIL LEVERETT PARENTI - VERIFIED ADDRESS IS CORRECT; 04/22/2005 REMAILED TO SAME ADDRESS
05/06/2005 RECORD/TRANSCRIPT RETURNED Jon S. Wheeler BY: Jon S. Wheeler 1 VOLUME, 1 SUPPLEMENTAL VOLUME, 1 ENVELOPE CONTAINING CD ROM.
05/06/2005 MANDATE CC: COUNSEL
06/15/2005 ARCHIVES