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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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04/20/2005
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NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT)
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PT Noel Thomas Patton BY: WD Kenneth L. Mann 0163585
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04/21/2005: AMENDED NOTICE FILED
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04/21/2005
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Filing Fee $300
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2005 - 1001828 Amount: $300
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04/21/2005
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Fee Paid In Full - $300
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04/27/2005
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JURIS INITIAL BRIEF
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PT Noel Thomas Patton BY: WD Kenneth L. Mann 0163585
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O&5 (SERVED 1 DAY LATE) (REQ E-MAIL): E-MAIL FILED 04/29/2005: (STRICKEN, SEE 05/12/2005 ORDER)
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04/28/2005
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APPENDIX
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PT Noel Thomas Patton BY: WD Kenneth L. Mann 0163585
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O&5
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05/02/2005
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MOTION-ACCEPTANCE AS TIMELY FILED (BRIEF)
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PT Noel Thomas Patton BY: WD Kenneth L. Mann 0163585
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O&5
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05/02/2005
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MISC. DOCKET ENTRY
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PT Noel Thomas Patton BY: PT Kenneth L. Mann 0163585 PETITIONER'S ERRATA SHEET RE PETITIONERS' JURISDICTIONAL BRIEF (O&5)
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05/05/2005
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ORDER-ACCEPTANCE AS TIMELY FILED GR (BRIEF)
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Petitioners' motion to accept brief as timely filed is granted and petitioners' jurisdictional brief was filed with this Court on April 27, 2005.
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05/09/2005
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JURIS INITIAL AMD BRIEF
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PT Noel Thomas Patton BY: WD Kenneth L. Mann 0163585
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O&7 & E-MAIL
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05/09/2005
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MOTION-BRIEF AMENDMENT
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PT Noel Thomas Patton BY: WD Kenneth L. Mann 0163585
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O&5
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05/12/2005
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ORDER-BRIEF AMENDMENT GR
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Petitioners' motion to file amended jurisdictional brief is granted and said amended brief was filed with this Court on May 9, 2005. Petitioners' jurisdictional brief filed with this Court on April 27, 2005, is hereby stricken.
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05/31/2005
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MOTION-EXT OF TIME (JURIS BRIEF)
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RS Kera Technology, Inc. BY: RS John S. Schoene
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05/31/2005
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ORDER-EXT OF TIME GR (JURIS BRIEF-RESPONDENT)
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05/31/2005
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MOTION-EXT OF TIME (JURIS BRIEF)
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RS Gabriel Simon BY: RS Todd M. Hoepker 507611
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06/03/2005
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ORDER-EXT OF TIME GR (JURIS BRIEF-RESPONDENT)
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Respondent Gabriel Simon's motion for extension of time is granted and said respondent is allowed to and including June 20, 2005, in which to serve the jurisdictional answer brief. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO RESPONDENT FOR THE FILING OF THE JURISDICTIONAL ANSWER BRIEF.
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06/20/2005
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JURIS ANSWER BRIEF
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RS Gabriel Simon BY: RS Todd M. Hoepker 507611
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O&5 & E-MAIL
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06/20/2005
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MOTION-STRIKE
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RS Gabriel Simon BY: RS Todd M. Hoepker 507611
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PORTIONS OF PETITIONERS' AMENDED NOTICE TO INVOKE DISCRETIONARY JURISDICTION, JURISDICTIONAL STATEMENT OF THE CASE, JURISDICTIONAL STATEMENT OF THE FACTS AND SUMMARY OF JURISDICTIONAL ARGUMENT (O&5)
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06/20/2005
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NOTICE-ADOPTION
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RS Kera Technology, Inc. BY: RS John S. Schoene
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OF JURISDICTIONAL ANSWER BRIEF OF RESPONDENT GABRIEL SIMON (FILED AS: ANSWER BRIEF ON JURISDICTION) O&5 & E-MAIL
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06/28/2005
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RESPONSE
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PT Noel Thomas Patton BY: WD Kenneth L. Mann 0163585
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(O&5) IN OPPOSITION TO MOTION TO STRIKE
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09/26/2005
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ORDER-STRIKE DY
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Respondent's Motion to Strike Portions of Petitioners' Amended Notice to Invoke Discretionary Jurisdiction, Jurisdictional Statement of the Case, Jurisdictional Statement of the Fact and Summary of the Jurisdictional Argument is hereby denied.
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09/26/2005
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ORDER-JURIS ACCEPT/BRIEF SCHED (OA LATER DATE)
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10/14/2005
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RECORD/TRANSCRIPT
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Frank J Habershaw BY: Frank J Habershaw
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1 VOLUME CC PAPERS
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10/19/2005
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MOTION-COUNS WITHDRAWAL
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PT Noel Thomas Patton BY: WD Kenneth L. Mann 0163585
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FILED AS UNOPPOSED MOTION TO WITHDRAW AS COUNSEL AND FOR EXTENSION OF TIME TO FILE PETITIONER'S BRIEF ON THE MERITS; 10/24/2005: AFFIDAVIT IN SUPPORT OF MOTION TO WITHDRAW AS CONSENT OF CLIENT
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10/19/2005
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MOTION-COUNS SUBSTITUTION
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PT Noel Thomas Patton BY: PT Howard Scott Marks 750085
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FILED AS NOTICE OF SUBSTITUTION OF COUNSEL (O&4); 11/02/2005: NOTICE OF FILING ORIGINAL CONSENT OF EDWIN DEAN AND FAXED CONSENT OF EVE AND NOEL PATTON TO PETITIONER'S MOTION TO WITHDRAW, FOR SUBSTITUTION OF COUNSEL AND EXTENSION OF TIME FILED.
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11/04/2005
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NOTICE-FILING
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PT Noel Thomas Patton BY: WD Kenneth L. Mann 0163585
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ORIGINAL CONSENT OF EVE PATTON AND NOEL PATTON TO PETITIONERS' MOTION TO WITHDRAW, FOR SUBSTITUTION OF COUNSEL AND EXTENSION OF TIME
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11/08/2005
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ORDER-COUNS SUBSTITUTION GR
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The Notice for Substitution of Counsel and the Unopposed Motion to Withdraw as Counsel and for Extension of Time to File Petitioners' Brief on the Merits filed in the above cause are hereby granted and Howard S. Marks and Wendy Shay Temple are hereby substituted as counsel for petitioners. Petitioners are allowed to and including November 21, 2005 in which to serve their initial brief on the merits.
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11/28/2005
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INITIAL BRIEF-MERITS
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PT Noel Thomas Patton BY: PT Wendy S. Temple 0133396
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(O&7 & E-MAIL) (NO APPENDIX)
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12/08/2005
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APPENDIX
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PT Noel Thomas Patton BY: PT Howard Scott Marks 750085
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O&7
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12/14/2005
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MOTION-EXT OF TIME (ANSWER BRIEF-MERITS)
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RS Gabriel Simon BY: RS Todd M. Hoepker 507611
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12/19/2005: AMENDED MOTION FILED
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12/14/2005
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MOTION-EXT OF TIME (ANSWER BRIEF-MERITS)
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RS Kera Technology, Inc. BY: RS John S. Schoene
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12/21/2005
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ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS)
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Respondent, Gabriel Simon's motion for extension of time is granted and respondent is allowed to and including January 12, 2006, 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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12/21/2005
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ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS)
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Respondents, Kera Technology, Inc. and George Cheng-Hao Huang's motion for extension of time is granted and respondent is allowed to and including January 12, 2006, 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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01/12/2006
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ANSWER BRIEF-MERITS
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RS Kera Technology, Inc. BY: RS John S. Schoene
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O&7 (BRIEF E-MAILED IN PDF FORMAT); 01/17/06: REQ' D BRIEF E-MAILED IN WORD; 01/18/06: E-MAILED IN WORD
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01/13/2006
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ANSWER BRIEF-MERITS
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RS Gabriel Simon BY: RS Todd M. Hoepker 507611
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O&7 & E-MAIL
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01/19/2006
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APPENDIX
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RS Gabriel Simon BY: RS Todd M. Hoepker 507611
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ORIGINAL ONLY & DOES NOT CONTAIN COPY OF DCA DECISION)
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01/20/2006
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ORDER-APPENDIX STRICKEN
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Respondent's appendix does not comply with Florida Rule of Appellate Procedure 9.220(b) and is hereby stricken. Respondent is directed to file, within ten (10) days from the date of this order, an original and seven (7) copies of amended appendix which shall contain a conformed copy of the decision of the district court of appeal.
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01/23/2006
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ORDER-APPENDIX STRICKEN
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Respondent's appendix does not comply with Florida Rule of Appellate Procedure 9.220 and is hereby stricken. Respondent is directed to file, within ten (10) days from the date of this order, an amended appendix which contains at least a conformed copy of the decision of the district court of appeal.
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01/24/2006
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ORDER-OA SCHED (PREV ACCEPTED)
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The Court previously accepted jurisdiction. The Court will hear oral argument at 9:00 a.m., Wednesday, April 5, 2006. A maximum of twenty (20) minutes to the side is allowed, but counsel is expected to use only so much of that time as is necessary. NO CONTINUANCES WILL BE GRANTED EXCEPT UPON A SHOWING OF EXTREME HARDSHIP.
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01/24/2006
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ORAL ARGUMENT CALENDAR
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01/26/2006
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APPENDIX (AMENDED)
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RS Gabriel Simon BY: RS Todd M. Hoepker 507611
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O&7
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01/31/2006
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MOTION-EXT OF TIME (REPLY BRIEF-MERITS)
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PT Noel Thomas Patton BY: PT Howard Scott Marks 750085
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02/02/2006
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ORDER-EXT OF TIME GR (REPLY BRIEF-MERITS)
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Petitioner's motion for extension of time is granted and petitioner is allowed to and including February 28, 2006, in which to serve the reply brief on the merits. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO PETITIONER FOR THE FILING OF THE REPLY BRIEF ON THE MERITS.
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03/03/2006
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REPLY BRIEF-MERITS
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PT Noel Thomas Patton BY: PT Wendy S. Temple 0133396
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O&7 & REQ E-MAIL
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03/13/2006
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NOTICE-SUPPLEMENTAL AUTHORITY
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RS Gabriel Simon BY: RS Todd M. Hoepker 507611
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(O&7)
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03/14/2006
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NOTICE-SUPPLEMENTAL AUTHORITY
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RS Gabriel Simon BY: RS Todd M. Hoepker 507611
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(O&7)
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03/16/2006
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MOTION-STRIKE
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RS Gabriel Simon BY: RS Todd M. Hoepker 507611
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FILED AS "MOTION TO STRIKE PORTION OF REPLY BRIEF, OR IN THE ALTERNATIVE, FOR LEAVE TO FILE A LIMITED RESPONSE TO REPLY BRIEF" (O&7)
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03/20/2006
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ORDER-RECORD SUPPLEMENTATION (DCA)
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The Fifth District Court of Appeal is hereby directed to immediately supplement the record on appeal with trial court record filed in the district court on March 1, 2004, in the above case.
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03/20/2006
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ORDER-STRIKE DY
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Upon consideration of respondent Gabriel Simon's Motion to Strike Portion of Reply Brief, or in the Alternative, for Leave to File a Limited Response to Reply Brief, it is ordered that the motion to strike is hereby denied; however, said respondent is allowed to file a response to the new issue raised in petitioners' reply brief no later than March 29, 2006. The response shall be no longer than five (5) pages in length.
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03/27/2006
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RECORD/TRANSCRIPT
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Hon. Susan Wright, Clerk BY: Hon. Susan Wright, Clerk
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2 VOLS. RECORD W/ CERTIFICATE OF CLERK
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03/29/2006
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RESPONSE
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RS Gabriel Simon BY: RS Todd M. Hoepker 507611
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LIMITED RESPONSE TO SECTION I OF REPLY BRIEF (SEE 03/20/2006 ORDER) (O&7 & E-FILE)
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04/05/2006
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ORAL ARGUMENT HELD
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10/26/2006
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DISP-APPROVED
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For the foregoing reasons, we approve the result reached in Patton v. Kera Technology, Inc., 895 So. 2d 1175 (Fla. 5th DCA 2005). We disapprove of the holdings in Dye v. Security Pacific Financial Services, Inc., 828 So. 2d 1089 (Fla. 1st DCA 2002), and Lukowsky v. Hauser & Metsch, P.A., 677 So. 2d 1383 (Fla. 3d DCA 1996), to the extent that those decisions are in conflict with this decision. We decline to reach any additional issues raised by petitioners.
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11/13/2006
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MOTION-REHEARING
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PT Noel Thomas Patton BY: PT Wendy S. Temple 0133396
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(RC) (7 COPIES FILED 11/21/06) (E-MAIL)
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11/20/2006
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RESPONSE
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RS Gabriel Simon BY: RS Todd M. Hoepker 507611
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TO MOTION FOR REHEARING (ORIGINAL ONLY)
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11/20/2006
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RESPONSE
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RS Kera Technology, Inc. BY: RS John S. Schoene
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TO MOTION FOR REHEARING (O&7)
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11/22/2006
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RESPONSE
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RS Gabriel Simon BY: RS Todd M. Hoepker 507611
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TO MOTION FOR REHEARING (O&7 & E-MAIL)
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12/28/2006
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RECORD/TRANSCRIPT RETURNED
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Hon. Susan Wright, Clerk BY: Hon. Susan Wright, Clerk
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2 VOLUMES
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12/28/2006
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DISP-REHEARING DY
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Petitioner's Motion for Rehearing is hereby denied. - RC
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02/16/2007
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ARCHIVES
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