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Doc. Date Docketed Description Filed by Notes
01/23/2006 NOTICE-DISCRETIONARY JURIS (CERT DIRECT CONFLICT) PT Jill Marsh BY: PT Shannon L. Akins 820504
01/25/2006 Filing Fee $300 2006 - 1003387 Amount: $300
01/25/2006 Fee Paid In Full - $300
01/25/2006 ORDER-BRIEF SCHED (CERTIFIED)
02/17/2006 MOTION-EXT OF TIME (INITIAL BRIEF-MERITS) PT Jill Marsh BY: PT John Thomas Stemberger 971881
02/22/2006 RESPONSE RS Thomas Jonathan Burke BY: RS Elizabeth C. Wheeler 374210 TO PETITIONER'S MOTION FOR EXTENSION OF TIME TO SERVE INITIAL BRIEF
02/24/2006 RESPONSE RS Pv Holding Corp. BY: RS Robert W. Mixson 267872 TO PETITIONER'S MOTION FOR EXTENSION OF TIME
03/06/2006 ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS) Petitioner's motion for extension of time is granted and petitioner is allowed to and including April 6, 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.
03/27/2006 RECORD/TRANSCRIPT Hon. Susan Wright, Clerk BY: Hon. Susan Wright, Clerk 8 VOLUMES RECORD, 19 VOLUMES SUPPLEMENTAL RECORD, 1VOLUME CC PAPERS (2 BOXES)
04/07/2006 INITIAL BRIEF-MERITS PT Jill Marsh BY: PT Shannon L. Akins 820504 (O&7 & E-MAIL)
04/07/2006 APPENDIX PT Jill Marsh BY: PT Shannon L. Akins 820504 (O&7 & E-MAIL)
04/17/2006 MOTION-AMICUS CURIAE MP Academy Of Florida Trial Lawyers AFTL BY: MP Michael S Finch 937304 O&7
04/17/2006 AMICUS CURIAE INITIAL BRIEF-MERITS MP Academy Of Florida Trial Lawyers AFTL BY: MP Michael S Finch 937304 (O&7 & E-FILE) ***STRICKEN-SEE ORDER DATED 12/03/2007***
04/24/2006 RESPONSE RS Robert Earl Valyou, Jr. BY: RS Joseph C. Brock 356220 (O&7) FILED AS: "RESPONDENTS' JOINT RESPONSE TO MOTION FOR LEAVE TO APPEAR AS AMICUS CURIAE"
04/24/2006 MOTION-EXT OF TIME (ANSWER BRIEF-MERITS) RS Robert Earl Valyou, Jr. BY: RS Joseph C. Brock 356220 (O&7) FILED AS: "RESPONDENTS' UNOPPOSED JOINT MOTION FOR EXTENSION OF TIME TO SERVE ANSWER BRIEFS"
04/24/2006 MOTION-TOLL TIME RS Robert Earl Valyou, Jr. BY: RS Joseph C. Brock 356220 (O&7) FILED AS: "RESPONDENTS' UNOPPOSED JOINT MOTION TO TOLL TIME FOR SERVICE OF ANSWER BRIEFS"
04/27/2006 ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS) Respondents' motion for extension of time is granted and respondents are allowed to and including June 15, 2006, in which to serve their 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.
05/01/2006 MOTION-RECORD SUPPLEMENTATION RS Robert Earl Valyou, Jr. BY: RS Joseph C. Brock 356220 O&1
05/04/2006 ORDER-RECORD SUPPLEMENTATION GR (DCA) Respondent's Unopposed Motion to Supplement the Record is granted. The Fifth District Court of Appeal is hereby directed, on or before May 25, 2006, to supplement the record on appeal with the briefs and appendices filed by the respective parties in the Fifth District Court of Appeal.
05/22/2006 SUPP RECORD/TRANSCRIPT Hon. Susan Wright, Clerk BY: Hon. Susan Wright, Clerk 1 VOLUME
06/06/2006 ORDER-AMICUS CURIAE GR The motion for leave to file brief as amicus curiae filed by the Academy of Florida Trial Lawyers ("Academy") is hereby granted and they are allowed to file brief only in support of petitioner. The brief by the above referenced amicus curiae was filed with this Court on April 17, 2006.
06/07/2006 MOTION-TOLL TIME RS Thomas Jonathan Burke BY: RS Elizabeth C. Wheeler 374210 FILED AS "RESPONDENT'S EMERGENCY JOINT MOTION TO TOLL TIME FOR SERVICE OF ANSWER BRIEFS" (O&7)
06/09/2006 NOTICE RS Pv Holding Corp. BY: RS Robert W. Mixson 267872 OF UNAVAILABILITY FROM 6/12/06 - 6/23/06
06/12/2006 ORDER-TOLLING GR Respondents' Emergency Joint Motion to Toll Time for Service of Answer Brief is granted and the time for serving said briefs is granted and respondents are allowed to and including June 26, 2006, in which to serve their answer briefs on the merits. All other times will be extended accordingly.
06/15/2006 MOTION-AMICUS CURIAE MR Florida Defense Lawyers Association BY: MR Tracy Raffles Gunn 984371 GRANTED-SEE ORDER DATED 08/31/06
06/26/2006 MOTION-EXT OF TIME (ANSWER BRIEF-MERITS) RS Thomas Jonathan Burke BY: RS Elizabeth C. Wheeler 374210 (O&7) FILED AS: "RESPONDENTS BURKES' EMERGENCY MOTION FOR ADDITIONAL EXTENSION OF TIME AND TO TOLL TIME FOR SERVICE OF ANSWER BRIEF" (GRANTED-SEE ORDER DATED 08/31/06)
06/26/2006 RESPONSE PT Jill Marsh BY: PT Shannon L. Akins 820504 W/EXHIBIT (FILED AS: " PETITIONER'S OBJECTION TO FLORIDA DEFENSE LAWYERS' ASSOCIATION'S MOTION FOR LEAVE TO APPEAR AS AMICUS CURIAE"
06/28/2006 ANSWER BRIEF-MERITS RS Robert Earl Valyou, Jr. BY: RS Joseph C. Brock 356220 (O&7 & E-MAIL) (STRICKEN-SEE ORDER DATED 08/31/06)
06/28/2006 NOTICE-SUPPLEMENTAL AUTHORITY RS Robert Earl Valyou, Jr. BY: RS Joseph C. Brock 356220 (O&7) FILED AS: "RESPONDENTS' JOINT NOTICE OF RELIANCE ON SUPPLEMENTAL AUTHORITY"
06/28/2006 RESPONSE PT Jill Marsh BY: PT Shannon L. Akins 820504 W/EXHIBITS (FILED AS: "PETITIONER'S OBJECTION TO RESPONDENT BURKES' EMERGENCY MOTION FOR ADDITIONAL EXTENSION OF TIME AND TO TOLL TIME FOR SERVICE OF ANSWER BRIEF") (CERTIFICATE OF SERVICE DOES NOT SHOW SERVICE ON JANE CLARK)
06/30/2006 ANSWER BRIEF-MERITS RS Pv Holding Corp. BY: RS Robert W. Mixson 267872 W/APPENDIX (O&7 & E-MAIL)
06/30/2006 REQUEST-ORAL ARGUMENT RS Pv Holding Corp. BY: RS Robert W. Mixson 267872 (O&7)
06/30/2006 ANSWER AMD BRIEF-MERITS RS Robert Earl Valyou, Jr. BY: RS Joseph C. Brock 356220 (O&7 & E-MAIL)
06/30/2006 MISC. DOCKET ENTRY RS Pv Holding Corp. BY: RS Robert W. Mixson 267872 - FILED AS: "AFFIDAVIT OF NATALIE LEWIS"
06/30/2006 MOTION-STRIKE RS Thomas Jonathan Burke BY: RS Elizabeth C. Wheeler 374210 W/APPENDIX (FILED AS: "RESPONDENTS BURKES' EMERGENCY MOTION TO STRIKE PETITIONER'S RESPONSE TO EMERGENCY MOTION FOR ADDITIONAL EXTENSION OF TIME AND TO TOLL TIME FOR SERVICE OF ANSWER BRIEF" (DENIED AS MOOT-SEE ORDER DATED 08/31/06)
07/05/2006 NOTICE-FILING RS Thomas Jonathan Burke BY: RS Elizabeth C. Wheeler 374210 FILED AS: "NOTICE OF FILING IN SUPPORT OF RESPONDENTS BURKES' EMERGENCY MOTION TO STRIKE PETITIONER'S RESPONSE TO EMERGENCY MOTION FOR ADDITIONAL EXTENSION OF TIME AND TO TOLL TIME FOR SERVICE OF ANSWER BRIEF" W/EXHIBIT(O&1)
07/05/2006 MOTION-RESPONSE AMENDMENT PT Jill Marsh BY: PT Shannon L. Akins 820504 FILED AS: "MOTION FOR LEAVE TO AMEND PETITIONER'S OBJECTION TO RESPONDENT BURKES' EMERGENCY MOTION FOR ADDITIONAL EXTENSION OF TIME AND TO TOLL TIME FOR SERVICE OF ANSWER BRIEF" (W/EXHIBITS) (DENIED AS MOOT-SEE ORDER DATED 08/31/06)
07/05/2006 REQUEST-ORAL ARGUMENT RS Thomas Jonathan Burke BY: RS Elizabeth C. Wheeler 374210
07/05/2006 ANSWER BRIEF-MERITS RS Thomas Jonathan Burke BY: RS Elizabeth C. Wheeler 374210 (O&7 & E-MAIL) (SERVED 7 DAYS LATE)
07/06/2006 AMICUS CURIAE ANSWER BRIEF-MERITS MR Florida Defense Lawyers Association BY: MR Tracy Raffles Gunn 984371 (O&7 & E-MAIL)
07/07/2006 MOTION-BRIEF AMENDMENT RS Robert Earl Valyou, Jr. BY: RS Joseph C. Brock 356220 FILED AS: "MOTION FOR LEAVE TO FILE CORRECTED ANSWER BRIEF" (GRANTED-SEE ORDER DATED 08/31/06)
07/12/2006 CERTIFICATE OF SERVICE (AMD) MR Florida Defense Lawyers Association FDLA BY: MR Tracy Raffles Gunn 0984371 - FOR AMICUS BRIEF FILED 7/6/06 (O&7)
07/14/2006 RESPONSE RS Thomas Jonathan Burke BY: RS Elizabeth C. Wheeler 374210 TO PETITIONER'S MOTION FOR LEAVE TO AMEND PETITIONER'S OBJECTION TO RESPONDENTS BURKES' EMERGENCY MOTION FOR ADDITIONAL EXTENSION OF TIME AND TO TOLL TIME FOR SERVICE OF ANSWER BRIEF
07/17/2006 MOTION-ATTORNEYS FEES RS Thomas Jonathan Burke BY: RS Elizabeth C. Wheeler 374210 O&7
07/21/2006 CERTIFICATE OF SERVICE (AMD) PT Jill Marsh BY: PT Shannon L. Akins 820504 (FOR RESPONSE FILED 6/28/06)
07/21/2006 MOTION-STRIKE PT Jill Marsh BY: PT Shannon L. Akins 820504 FILED AS: "PETITIONER'S MOTION TO STRIKE FDLA'S AMICUS CURIAE ANSWER BRIEF" (DENIED AS MOOT-SEE ORDER DATED 08/31/06)
07/21/2006 MOTION-TOLL TIME PT Jill Marsh BY: PT Shannon L. Akins 820504 GRANTED-SEE ORDER DATED 08/31/06
07/21/2006 MOTION-EXT OF TIME (REPLY BRIEF-MERITS) PT Jill Marsh BY: PT Shannon L. Akins 820504 GRANTED-SEE ORDER DATED 08/31/06
07/24/2006 MOTION-ATTORNEYS FEES RS Robert Earl Valyou, Jr. BY: RS Joseph C. Brock 356220 (O&7) FILED AS: "RESPONDENTS VALYOUS' MOTION FOR APPELLATE ATTORNEY'S FEES"
07/24/2006 NOTICE-ADDRESS CHANGE RS Robert Earl Valyou, Jr. BY: RS Joseph C. Brock 356220 FOR JOSEPH C. BROCK AND STEVEN W. IGOU
08/04/2006 RESPONSE MR Florida Defense Lawyers Association BY: MR Tracy Raffles Gunn 984371 TO MOTION TO STRIKE AMICUS BRIEF
08/09/2006 NOTICE-ADDRESS CHANGE PT Jill Marsh BY: PT Shannon L. Akins 820504
08/09/2006 MOTION-STRIKE PT Jill Marsh BY: PT Shannon L. Akins 820504 AMENDED ANSWER BRIEF (FILED AS OBJECTION TO VALYOUS' MOTION TO AMEND ANSWER BRIEF ON THE MERITS AND MOTION TO STRIKE AMENDED ANSWER BRIEF) (O&7) (DENIED AS MOOT-SEE ORDER DATED 08/31/06)
08/09/2006 NOTICE-SUPPLEMENTAL AUTHORITY RS Robert Earl Valyou, Jr. BY: RS Joseph C. Brock 356220 FILED AS RESPONDENTS' JOINT NOTICE OF SUPPLEMENTAL AUTHORITY (O&7)
08/18/2006 RESPONSE RS Robert Earl Valyou, Jr. BY: RS Joseph C. Brock 356220 (O&7) TO MOTION TO STRIKE AMENDED ANSWER BRIEF
08/28/2006 NOTICE PT Jill Marsh BY: PT John Thomas Stemberger 971881 FILED AS "NOTICE OF UNAVAILABILITY"
08/31/2006 ORDER-OTHER SUBSTANTIVE Respondents Burkes' "Emergency Motion for Additional Extension of Time and to Toll Time for Service of Answer Brief," filed June 26, 2006, is hereby granted, and their answer brief filed on July 5, 2006, is accepted as timely filed. Two related motions (i.e., Respondents Burkes' "Emergency Motion to Strike Petitioner's Response to Emergency Motion for Additional Extension of Time and to Toll Time for Service of Answer Brief," filed June 30, 2006, and Petitioner Marsh's "Motion for Leave to Amend Petitioner's Objection to Respondent[s] Burkes' Emergency Motion for Additional Extension of Time and to Toll Time for Service of Answer Brief," filed July 5, 2006) are hereby denied as moot. Respondents Valyous' "Motion for Leave to File Corrected Answer Brief," filed July 7, 2006, is hereby granted, and their corrected answer brief, filed June 30, 2006, is accepted as timely filed. Their original answer brief filed June 28, 2006, is accordingly stricken. Petitioner Marsh's related "Motion to Strike Amended Answer Brief," filed August 9, 2006, is hereby denied as moot. The Florida Defense Lawyers' Association's "Motion to Appear as Amicus Curiae" in support of respondents, filed June 15, 2006, is hereby granted, and its amicus brief, filed July 6, 2006, is accepted as timely filed. Petitioner Marsh's related "Motion to Strike FDLA's Amicus Curiae Answer Brief," filed July 21, 2006, is hereby denied as moot. Petitioner Marsh's "Motion for Extension of Time for Service of Reply Brief" and related "Request to Toll Time for Service of Reply Brief," both filed July 21, 2006, are hereby granted and petitioner is allowed to and including September 15, 2006, in which to serve her reply brief. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO PETITIONER FOR THE SERVICE OF HER REPLY BRIEF. As is obvious from the discussion above, this case reflects an excessive and unnecessary motion practice. This case, like Sarasota County v. Ex, 645 So. 2d 7, 7-8 (Fla. 2d DCA 1994), "demonstrates the all-too-common process by which one questionable filing results in a volley of unnecessary motions, responses, replies, answers, etc. Lawyers need to realize that appellate motion practice is not a game of ping-pong in which the last lawyer to serve wins." Indeed, what one appellate court lamented in 1979 is exponentially even more true in this Court in 2006: "This Court is being deluged nowadays with a plethora of pleadings which have no place in any appellate court and which are causing a distressing waste of time. We are in truth suffering from acute motion sickness." Dubowitz v. Century Village East, Inc., 381 So. 2d 252, 253 (Fla. 4th DCA 1979). The issues expressed in the motions above could have been, and should have been, resolved among counsel acting professionally. Counsel for the parties are therefore warned that further unnecessary motions or opposition to motions in this case will not be tolerated and may result in the imposition of sanctions.
09/11/2006 NOTICE-ADDRESS CHANGE RS Thomas Jonathan Burke BY: RS Elizabeth C. Wheeler 374210
09/11/2006 NOTICE RS Thomas Jonathan Burke BY: RS Elizabeth C. Wheeler 374210 OF UNAVAILABILITY
09/15/2006 REPLY BRIEF-MERITS PT Jill Marsh BY: PT Shannon L. Akins 820504 (O&7 & E-MAIL) (TOO LONG)
09/15/2006 APPENDIX PT Jill Marsh BY: PT Shannon L. Akins 820504 (O&7)
09/19/2006 ORDER-BRIEF STRICKEN (NON-COMPLIANCE) Petitioner's reply brief, which was filed with this Court on September 15, 2006, does not comply with Florida Rule of Appellate Procedure 9.210 and is hereby stricken. Petitioner is hereby directed, on or before October 9, 2006, to serve an original and seven copies of an amended reply brief which does not exceed fifteen pages in length.
10/09/2006 REPLY AMD BRIEF-MERITS PT Jill Marsh BY: PT Shannon L. Akins 820504 (O&7 & E-MAIL)
10/09/2006 APPENDIX PT Jill Marsh BY: PT Shannon L. Akins 820504 (O&7)
10/09/2006 ORDER-APPENDIX STRICKEN In light of the filing of petitioner's amended appendix, which was filed with this Court on October 9, 2006,the appendix filed with this Court on September 15, 2006, is hereby stricken.
11/03/2006 ORDER-OA SCHED/JURIS ACCEPTED The Court accepts jurisdiction of this case and will hear oral argument at 9:00 a.m., Thursday, February 15, 2007. A maximum of twenty 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.
11/03/2006 ORAL ARGUMENT CALENDAR
02/15/2007 ORAL ARGUMENT HELD
03/21/2007 NOTICE RS Pv Holding Corp. BY: RS Robert W. Mixson 267872 OF UNAVAILABILITY
11/21/2007 DISP-QUASHED For the reasons explained above, we hold that Frye does not apply to expert testimony causally linking trauma to fibromyalgia. We further hold that, even if applicable, the testimony satisfies Frye. Therefore, we quash the Fifth District's decision in Marsh, 917 So. 2d at 313, and approve the Second District's conflicting decision in Johnson, 880 So. 2d at 721.
11/29/2007 MOTION-BRIEF AMENDMENT MP Academy Of Florida Trial Lawyers AFTL BY: MP Michael S Finch 937304 FILED AS "MOTION TO AMEND AUTHOR AFFILIATION ON AMICUS CURIAE BRIEF"
12/03/2007 ORDER-BRIEF AMENDMENT GR The Academy of Florida Trial Lawyers' Motion to Amend Author Affiliation on Amicus Curiae Brief is granted and said amicus curiae is allowed to and including December 4, 2007, in which to serve the amended amicus curiae brief on the merits. The brief of the above referenced amicus curiae, which was filed with this Court on April 17, 2006, is hereby stricken.
12/04/2007 AMICUS CURIAE INITIAL AMD BRIEF-MERITS MP Academy Of Florida Trial Lawyers AFTL BY: MP Philip M. Burlington 285862 (O&7 & E-MAIL
12/04/2007 MOTION-EXT OF TIME (REHEARING/REINSTATEMENT) RS Thomas Jonathan Burke BY: RS Jane Clark FILED AS "RESPONDENTS' UNOPPOSED JOINT MOTION FOR EXTENSION OF TIME TO SERVE MOTION FOR REHEARING"
12/04/2007 MOTION-STAY (FSC PROCEEDINGS) RS Thomas Jonathan Burke BY: RS Elizabeth C. Wheeler 374210 "FILED AS RESPONDENTS' UNOPPOSED MOTION TO STAY ISSUANCE OF MANDATE"
12/11/2007 ORDER-STAY PROCEEDINGS FSC GR Respondents' Unopposed Joint Motion to Stay Issuance of Mandate is hereby granted and the proceedings in this Court are hereby stayed pending the timely filing of respondents' motion for rehearing and disposition of said motion.
12/11/2007 ORDER-EXT OF TIME GR (REHEARING/REINSTATEMENT) Respondents' Unopposed Joint Motion for Extension of Time to Serve Motion for Rehearing is granted and respondents' motion for rehearing was filed on December 11, 2007.
12/11/2007 MOTION-REHEARING RS Robert Earl Valyou, Jr. BY: RS Joseph C. Brock 356220 rc (O&7) & CD
12/20/2007 MOTION-EXT OF TIME (RESPONSE) PT Jill Marsh BY: PT John Thomas Stemberger 971881 FILED AS "PETITIONER'S MOTION FOR EXTENSION OF TIME FOR SERVICE OF REPLY BRIEF TO RESPONDENTS' JOINT MOTION FOR REHEARING OR CLARIFICATION"
01/09/2008 ORDER-EXT OF TIME GR (RESPONSE) Petitioner's Motion for Extension of Time for Service of Reply Brief to Respondents' Joint Motion for Rehearing or Clarification is granted in part and petitioner is allowed to and including January 15, 2008, in which to serve its response to respondents' joint motion for rehearing or clarification. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO PETITIONER FOR SERVING THE RESPONSE. All other times are extended accordingly.
01/16/2008 RESPONSE PT Jill Marsh BY: PT John Thomas Stemberger 971881 TO RESPONDENTS' JOINT MOTION FOR REHEARING OR CLARIFICATION (O&7)
03/10/2008 DISP-REHEARING DY Respondents' "Joint Motion for Rehearing or Clarification" is hereby denied. (RC)
03/10/2008 ORDER-ATTY FEES DY (J/M/O) Respondents Burkes' motion for attorneys' fees is hereby denied. Respondents Valyous' motion for attorneys' fees is hereby denied.
03/28/2008 MANDATE CC: COUNSEL
03/31/2008 RECORD/TRANSCRIPT RETURNED Hon. Susan Wright, Clerk BY: Hon. Susan Wright, Clerk 8 VOLUMES RECORD, 19 VOLUMES SUPPLEMENTAL RECORD (2 BOXES)
04/30/2008 ARCHIVES file