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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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03/01/2005
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MOTION-IN FORMA PAUPERIS
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PT Gene Robert Sims BY: PT Gene Robert Sims
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FILED AS AFFIDAVIT OF INDIGENCY (NO CERT. REGARDING INMATE ACCOUNT)
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03/01/2005
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NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT)
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FILED AS A PETITION FOR ALL WRITS BUT TREATED AS A NOTICE-DISCRETIONARY REVIEW 08/10/2005
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05/19/2005
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ORDER-IN FORMA PAUPERIS NONCOMPLIANCE
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The Affidavit of Indigency filed in the above case does not comply with section 57.081 or 57.085(2), Florida Statutes (1997). Petitioner is directed, within thirty (30) days from the date of this Order, to submit to this Court a certificate regarding inmate account.
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06/02/2005
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INMATE ACCT CERTIFICATE
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BY: PS Gene Robert Sims 708343 ( W/6 MONTH PRINT OUT)
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06/07/2005
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ORDER-IN FORMA PAUPERIS GR
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06/07/2005
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No Fee - Insolvent
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08/10/2005
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DISP-REV DISM UNTIMELY
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The all writs petition has been treated as a notice to invoke discretionary jurisdiction, and it appearing to the Court that the notice was not timely filed, it is ordered that the cause is hereby dismissed on the Court's own motion, subject to reinstatement if timeliness is established on proper motion filed within fifteen (15) days from the date of this order. See Fla. R. App. P. 9.120.
12/19/2005: REINSTATED.
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08/29/2005
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MOTION-REINSTATEMENT
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PT Gene Robert Sims BY: PT Gene Robert Sims
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(RC)
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09/29/2005
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ORDER-RESPONSE/REPLY REQUESTED
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Petitioner has filed a motion for reinstatement. Respondent, the State of Florida, and Attorney Thomas E. Cushman are hereby requested to serve responses to the above-referenced motion on or before October 17, 2005. The petitioner may serve a reply on or before October 27, 2005.
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10/19/2005
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RESPONSE
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RS State Of Florida state1 BY: RS Wesley Harold Heidt 773026
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TO ORDER DATED 09/29/05
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10/20/2005
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RESPONSE
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Thomas E. Cushman 161305 BY: Thomas E. Cushman 161305
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TO ORDER DATED 09/29/05
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10/24/2005
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ORDER-CERTIFICATE OF SERVICE COMPLIANCE
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Your response to petitioner Gene Robert Sims' Motion for Reinstatement will not be submitted to the Court until you have served all respondents and provided this Court with an amended Certificate of Service including the date of service.
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11/01/2005
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REPLY TO RESPONSE
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PT Gene Robert Sims BY: PT Gene Robert Sims
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TO ORDER DATED 09/29/05
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11/01/2005
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APPENDIX
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PT Gene Robert Sims BY: PT Gene Robert Sims
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TO REPLY TO RESPONSE TO ORDER DATED 09/29/05
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11/03/2005
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CERTIFICATE OF SERVICE (AMD)
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Thomas E. Cushman 161305 BY: IP Thomas E. Cushman 161305 TO RESPONSE TO PETITIONER'S MOTION FOR REHEARING
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12/19/2005
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DISP-REINSTATEMENT GR (APPEAL/CERTIFIED/ORIG)
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The Motion for Reinstatement is hereby granted and it is ordered that the above case is reinstated. Petitioner is allowed to in including January 3, 2005, in which to serve an initial brief on jurisdiction. Respondent shall have twenty (20) days after service of petitioner's initial brief on jurisdiction in which to serve an answer brief on jurisdiction. - RC
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01/05/2006
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JURIS INITIAL BRIEF
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PT Gene Robert Sims BY: PT Gene Robert Sims
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(O&1) (DOES NOT CONTAIN TABLE OF CONTENTS, TABLE OF CITATIONS, STATEMENT OF THE CASE AND OF THE FACTS, SOA, ARGUMENT, OR CONCLUSION)
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01/05/2006
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APPENDIX
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PT Gene Robert Sims BY: PT Gene Robert Sims
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(O&1) (DOES NOT CONTAIN DCA DECISION)
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01/09/2006
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NOTICE-ADDRESS CHANGE
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PT Gene Robert Sims BY: PT Gene Robert Sims
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01/11/2006
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ORDER-BRIEF/APPENDIX STRICKEN (NON-COMPLIANCE)
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Petitioner's initial jurisdictional brief and appendix, which were filed with this Court on January 5, 2006, do not comply with Florida Rules of Appellate Procedure 9.120(d) and 9.210 and are hereby stricken. Petitioner is hereby directed, on or before January 31, 2006, to serve an original and five (5) copies of an amended brief with appendix which contains the following, in order: a cover page, a table of contents, a table of citations, a statement of the case and of the facts, a summary of argument, an argument, a conclusion, and a certificate of service. Briefs on jurisdiction shall not exceed ten (10) pages in length. The table of contents and the table of authorities shall be excluded from the computation. The Appendix shall contain only a conformed copy of the decision of the district court of appeal and shall be separately bound or separated from the brief by a divider and appropriate tab.
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01/31/2006
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APPENDIX (AMENDED)
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PT Gene Robert Sims BY: PT Gene Robert Sims
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01/31/2006
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JURIS INITIAL BRIEF
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PT Gene Robert Sims BY: PT Gene Robert Sims
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(O&5) (CERT. OF SERVICE DOES NOT SHOW SERVICE ON RESPONDENT)
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02/02/2006
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ORDER-CERTIFICATE OF SERVICE COMPLIANCE
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All pleadings filed in this Court must contain a Certificate of Service stating the names and addresses of those served and, if served on an attorney, the name of the party that attorney represents. See Fla. R. App. P. 9.420. Petitioner's amended jurisdictional brief will not be submitted to the Court until you have served Wesley Heidt, Assistant Attorney General, 444 Seabreeze Boulevard, First Union Tower, 5th Floor, Daytona Beach, Florida, 32118, and provided this Court with a proper Certificate of Service. Failure to provide this Court with a Certificate of Service within twenty (20) days from the date of this order could result in the imposition of sanctions, including dismissal of the petition. See Fla. R. App. P. 9.410. Please understand that once this case is dismissed, it is not subject to reinstatement.
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02/16/2006
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CERTIFICATE OF SERVICE (AMD)
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PS Gene Robert Sims 708343 (FOR AMENDED JURISDICTIONAL BRIEF) (O&5)
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03/09/2006
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JURIS ANSWER BRIEF
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RS State Of Florida state1 BY: RS Wesley Harold Heidt 773026
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W/APPENDIX (O&5 & E-MAIL)
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05/10/2006
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ORDER-NO REQ&BRIEF SCHED/COUNS APPT/JURIS ACCEPTED
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It is ordered that Christopher M. Jones and Kristen Cooley Lentz of Florida Institutional Legal Services, 1010 N.W. 8th Avenue #B, Gainesville, Florida 32601-4946, are hereby appointed as counsel for petitioner. All further pleadings for petitioner shall be filed by the petitioner's counsel only.
Pursuant to Florida Rule of Appellate Procedure 9.140(f)(4), the district court of appeal is hereby directed, within twenty (20) days from the date of this order, to provide to the above newly appointed counsel a copy of all filings before their court, including the record on appeal.
The Court accepts jurisdiction and dispenses with oral argument pursuant to Florida Rule of Appellate Procedure 9.320.
Petitioner's brief on the merits shall be served on or before June 26, 2006; respondent's brief on the merits shall be served twenty (20) days after service of petitioner's brief on the merits; and petitioner's reply brief on the merits shall be served twenty (20) days after service of respondent's brief on the merits. Please file an original and seven (7) copies of all briefs.
The Clerk of the Fifth District Court of Appeal shall file the original record which shall be properly indexed and paginated on or before July 10, 2006. The record shall include the briefs filed in the district court separately indexed.
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06/19/2006
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MOTION-EXT OF TIME (INITIAL BRIEF-MERITS)
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PT Gene Robert Sims BY: PT Christopher Michael Jones 994642
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06/26/2006
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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 July 26, 2006, 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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07/06/2006
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RECORD/TRANSCRIPT
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Hon. Susan Wright, Clerk BY: Hon. Susan Wright, Clerk
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(1 VOLUME OF BRIEFS, 2 VOLUMES OF RECORD, 6 VOLUMES OF SUPPLEMENTAL RECORD, & CC PAPERS)
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07/26/2006
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INITIAL BRIEF-MERITS
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PT Gene Robert Sims BY: PT Christopher Michael Jones 994642
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(O&7 & E-MAIL)
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07/26/2006
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APPENDIX
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PT Gene Robert Sims BY: PT Christopher Michael Jones 994642
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(O&7)
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08/22/2006
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ANSWER BRIEF-MERITS
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RS State Of Florida state1 BY: RS Wesley Harold Heidt 773026
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W/APPENDIX (O&7 & E-MAIL)
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09/12/2006
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REPLY BRIEF-MERITS
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PT Gene Robert Sims BY: PT Christopher Michael Jones 994642
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(O&7 & E-MAIL)
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09/25/2008
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DISP-QUASHED & REMANDED
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For the foregoing reasons, we quash the decision of the Fifth District in Sims v. State, 869 So. 2d 45 (Fla. 5th DCA 2004), and remand for proceedings consistent with this opinion. In so doing, we approve the decisions in Geary v. State, 675 So. 2d 625 (Fla. 2d DCA 1996), Rodriguez v. State, 684 So. 2d 864 (Fla. 2d DCA 1996), and May v. State, 747 So. 2d 459 (Fla. 4th DCA 1999), to the extent that they are consistent with this opinion.
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10/01/2008
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MAIL RETURNED
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JUDGE JOHN M. ALEXANDER - REMAILED TO CORRECT ADDRESS (NOT P. O. BOX ADDRESS)
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10/10/2008
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MOTION-REHEARING
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RS State Of Florida state1 BY: RS Wesley Harold Heidt 773026
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(RC) O&7
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10/29/2008
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NOTICE-ADDRESS CHANGE
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PT Gene Robert Sims BY: PT Kristen Cooley Lentz 649635
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10/29/2008
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MOTION-EXT OF TIME (RESPONSE)
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PT Gene Robert Sims BY: PT Kristen Cooley Lentz 649635
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TO MOTION FOR REHEARING
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10/31/2008
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NOTICE-ADDRESS CHANGE
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PT Gene Robert Sims BY: PT Kristen Cooley Lentz 649635
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AMENDED
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11/13/2008
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ORDER-EXT OF TIME GR (RESPONSE)
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11/20/2008
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RESPONSE
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PT Gene Robert Sims BY: PT Kristen Cooley Lentz 649635
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.TO MOTION FOR REHEARING (O&7)
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12/22/2008
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DISP-REHEARING DY
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Respondent's Motion for Rehearing is hereby denied. (RC)
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01/06/2009
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MANDATE
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CC: COUNSEL
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01/06/2009
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RECORD/TRANSCRIPT RETURNED
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Hon. Susan Wright, Clerk BY: Hon. Susan Wright, Clerk
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1 VOLUME OF BRIEFS, 2 VOLUMES OF RECORD, 6 VOLUMES OF SUPPLEMENTAL RECORD
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03/05/2009
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ARCHIVES
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