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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04/18/2005
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NOTICE-DISCRETIONARY JURIS (CERT DIRECT CONFLICT)
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PT William F. Hayes, Jr. BY: PT Eduardo I. Rasco 646326
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FILED AS NOTICE OF APPEAL AND TREATED AS NOTICE TO INVOKE
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04/22/2005
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Filing Fee $300
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2005 - 1001832 Amount: $300
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04/22/2005
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Fee Paid In Full - $300
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04/22/2005
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ORDER-BRIEF SCHED (CERTIFIED)
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05/17/2005
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MOTION-EXT OF TIME (INITIAL BRIEF-MERITS)
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PT William F. Hayes, Jr. BY: PT Jessica Lassman Geller 126292
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O&6 (REQ AMD MOTION): AMENDED MOTION FILED 05/24/2005
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06/07/2005
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ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS)
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Petitioners' motion for extension of time is granted and petitioners are allowed to and including June 17, 2005, in which to serve the initial brief on the merits. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO PETITIONERS FOR THE FILING OF THE INITIAL BRIEF ON THE MERITS. All other times will be extended accordingly.
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06/20/2005
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INITIAL BRIEF-MERITS
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PT William F. Hayes, Jr. BY: PT Jessica Lassman Geller 126292
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O&7 & E-MAIL (REQ NEW E-MAIL): E-MAILED 06/22/2005
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06/20/2005
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RECORD/TRANSCRIPT
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Mary Cay Blanks BY: Mary Cay Blanks
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1 BOX CONTAINING: *SEALED* 4 VOLUMES RECORD, 1 ENVELOPE EXHIBITS, CC PAPERS AND CERTIFICATE OF CLERK
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06/20/2005
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MOTION-ATTORNEYS FEES
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PT William F. Hayes, Jr. BY: PT Jessica Lassman Geller 126292
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O&7; DENY 03/14/2007
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07/06/2005
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MOTION-EXT OF TIME (ANSWER BRIEF-MERITS)
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RS Guardianship Of Mae E. Thompson BY: RS Stephen Brewster Fuller 54951
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(REQ AMD MOTION): AMENDED MOTION FILED 07/11/2005
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07/07/2005
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APPENDIX
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PT William F. Hayes, Jr. BY: PT Eduardo I. Rasco 646326
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O&7
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07/13/2005
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ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS)
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08/09/2005
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ANSWER BRIEF-MERITS
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RS Guardianship Of Mae E. Thompson BY: RS Stephen Brewster Fuller 54951
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O&7 (E-MAIL)
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08/09/2005
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MOTION-ATTORNEYS FEES
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RS Guardianship Of Mae E. Thompson BY: RS Stephen Brewster Fuller 54951
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O&7; GRANT 03/14/2007
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08/09/2005
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APPENDIX
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RS Guardianship Of Mae E. Thompson BY: RS Stephen Brewster Fuller 54951
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O&7 (E-MAIL)
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08/10/2005
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ORDER-BRIEF STRICKEN (NON-COMPLIANCE)
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Respondent's answer brief, which was filed with this Court on August 9, 2005, does not comply with Florida Rule of Appellate Procedure 9.210(a)(2) and is hereby stricken. Respondent is hereby directed, on or before August 30, 2005, to serve an original and seven (7) copies of an amended answer brief and footnotes in either Times New Roman 14-point font or Courier New 12-point font.
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08/10/2005
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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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08/23/2005
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APPENDIX (AMENDED)
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RS Guardianship Of Mae E. Thompson BY: RS Stephen Brewster Fuller 54951
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TO ANSWER BRIEF
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08/26/2005
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ANSWER AMD BRIEF-MERITS
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RS Guardianship Of Mae E. Thompson BY: RS Stephen Brewster Fuller 54951
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O&7 (E-FILE)
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09/20/2005
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REPLY BRIEF-MERITS
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PT William F. Hayes, Jr. BY: PT Jessica Lassman Geller 126292
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O&7 & E-MAIL
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10/11/2005
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ORDER-NO REQ SCHED/JURIS ACCEPTED
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08/25/2006
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ORDER-RECORD SUPPLEMENTATION (DCA)
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The Third District Court of Appeal is hereby directed, on or before September 14, 2006, to supplement the record on appeal with the briefs filed in said district court in the above styled case.
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09/11/2006
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SUPP RECORD/TRANSCRIPT
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Mary Cay Blanks BY: Mary Cay Blanks
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1 VOLUME OF BRIEFS
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11/09/2006
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DISP-APPROVED IN PART
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We hold that in guardianship proceedings concerning attorney's fees under section 744.108, the only persons entitled to standing are the attorney making the fee request, the guardian, the ward, and those "interested persons" who have filed written requests for notice under Florida Probate Rule 5.060. We disapprove the reasoning in Hayes based on its complete reliance on McGinnis and disapprove McGinnis to the extent that it suggests that heirs of a ward can never have standing to participate in proceedings for fees under section 744.108. However, we approve the result in Hayes, which denies the petitioners standing to participate in the attorney's fees proceeding at issue in this case. Although Bachinger involved a petition for final discharge, we approve the Fourth District's decision, which recognizes that heirs of a ward may have standing to participate in guardianship proceedings as "interested persons."
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11/16/2006
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MOTION-REHEARING
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PT William F. Hayes, Jr. BY: PT Jessica Lassman Geller 126292
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FILED AS "MOTION BY APPELLANT FOR PARTIAL REHEARING" (O&7)
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11/27/2006
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RESPONSE
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RS Guardianship Of Mae E. Thompson BY: RS Stephen Brewster Fuller 54951
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TO MOTION FOR PARTIAL REHEARING (O&7 & E-MAIL)
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12/06/2006
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REPLY TO RESPONSE
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PT William F. Hayes, Jr. BY: PT Eduardo I. Rasco 646326
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(O&7)
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01/08/2007
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MOTION-REPLY FILING TO RESPONSE
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PT William F. Hayes, Jr. BY: PT Eduardo I. Rasco 646326
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(O&3)
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01/12/2007
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RESPONSE
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RS Guardianship Of Mae E. Thompson BY: RS Stephen Brewster Fuller 54951
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TO MOTION FOR LEAVE TO FILE REPLY TO RESPONSE TO MOTION FOR PARTIAL REHEARING (O&6 & E-MAIL)
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01/17/2007
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ORDER-REPLY TO RESPONSE FILING DY
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Petitioners' Motion for Leave to File Response to Appellee's Reply to Appellants' Motion for Partial Rehearing is denied and said reply to response is hereby stricken.
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03/14/2007
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DISP-REHEARING DY
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The petitioners' motion for rehearing is hereby denied. The Court declines to consider the new document submitted by the petitioners. The petitioners did not timely seek to make this document a part of the record on appeal despite being placed on clear notice of its relevance to the issue presented.
Petitioners' Motion for Attorneys' Fees and Costs is hereby denied.
Upon consideration of respondent's Motion for Attorney's Fees and Costs, it is ordered that the motion for attorney's fees is denied and the motion for costs is granted, the amount to be determined by the trial court. - RC
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06/12/2007
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ARCHIVES
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04/30/2009
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RECORD/TRANSCRIPT RETURNED
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Mary Cay Blanks BY: Mary Cay Blanks
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1 BOX CONTAINING: *SEALED* 4 VOLUMES RECORD, 1 ENVELOPE EXHIBITS,
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05/05/2009
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MANDATE
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CC: COUNSEL
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