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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01/23/2006
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NOTICE-DISCRETIONARY JURIS (CERT DIRECT CONFLICT)
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PT Jill Marsh BY: PT Shannon L. Akins 820504
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01/25/2006
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Filing Fee $300
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2006 - 1003387 Amount: $300
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01/25/2006
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Fee Paid In Full - $300
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01/25/2006
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ORDER-BRIEF SCHED (CERTIFIED)
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02/17/2006
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MOTION-EXT OF TIME (INITIAL BRIEF-MERITS)
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PT Jill Marsh BY: PT John Thomas Stemberger 971881
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02/22/2006
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RESPONSE
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RS Thomas Jonathan Burke BY: RS Elizabeth C. Wheeler 374210
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TO PETITIONER'S MOTION FOR EXTENSION OF TIME TO SERVE INITIAL BRIEF
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02/24/2006
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RESPONSE
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RS Pv Holding Corp. BY: RS Robert W. Mixson 267872
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TO PETITIONER'S MOTION FOR EXTENSION OF TIME
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03/06/2006
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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 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.
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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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8 VOLUMES RECORD, 19 VOLUMES SUPPLEMENTAL RECORD, 1VOLUME CC PAPERS (2 BOXES)
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04/07/2006
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INITIAL BRIEF-MERITS
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PT Jill Marsh BY: PT Shannon L. Akins 820504
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(O&7 & E-MAIL)
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04/07/2006
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APPENDIX
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PT Jill Marsh BY: PT Shannon L. Akins 820504
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(O&7 & E-MAIL)
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04/17/2006
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MOTION-AMICUS CURIAE
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MP Academy Of Florida Trial Lawyers AFTL BY: MP Michael S Finch 937304
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O&7
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04/17/2006
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AMICUS CURIAE INITIAL BRIEF-MERITS
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MP Academy Of Florida Trial Lawyers AFTL BY: MP Michael S Finch 937304
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(O&7 & E-FILE) ***STRICKEN-SEE ORDER DATED 12/03/2007***
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04/24/2006
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RESPONSE
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RS Robert Earl Valyou, Jr. BY: RS Joseph C. Brock 356220
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(O&7) FILED AS: "RESPONDENTS' JOINT RESPONSE TO MOTION FOR LEAVE TO APPEAR AS AMICUS CURIAE"
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04/24/2006
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MOTION-EXT OF TIME (ANSWER BRIEF-MERITS)
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RS Robert Earl Valyou, Jr. BY: RS Joseph C. Brock 356220
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(O&7) FILED AS: "RESPONDENTS' UNOPPOSED JOINT MOTION FOR EXTENSION OF TIME TO SERVE ANSWER BRIEFS"
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04/24/2006
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MOTION-TOLL TIME
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RS Robert Earl Valyou, Jr. BY: RS Joseph C. Brock 356220
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(O&7) FILED AS: "RESPONDENTS' UNOPPOSED JOINT MOTION TO TOLL TIME FOR SERVICE OF ANSWER BRIEFS"
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04/27/2006
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ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS)
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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.
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05/01/2006
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MOTION-RECORD SUPPLEMENTATION
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RS Robert Earl Valyou, Jr. BY: RS Joseph C. Brock 356220
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O&1
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05/04/2006
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ORDER-RECORD SUPPLEMENTATION GR (DCA)
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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.
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05/22/2006
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SUPP RECORD/TRANSCRIPT
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Hon. Susan Wright, Clerk BY: Hon. Susan Wright, Clerk
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1 VOLUME
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06/06/2006
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ORDER-AMICUS CURIAE GR
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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.
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06/07/2006
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MOTION-TOLL TIME
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RS Thomas Jonathan Burke BY: RS Elizabeth C. Wheeler 374210
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FILED AS "RESPONDENT'S EMERGENCY JOINT MOTION TO TOLL TIME FOR SERVICE OF ANSWER BRIEFS" (O&7)
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06/09/2006
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NOTICE
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RS Pv Holding Corp. BY: RS Robert W. Mixson 267872
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OF UNAVAILABILITY FROM 6/12/06 - 6/23/06
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06/12/2006
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ORDER-TOLLING GR
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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.
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06/15/2006
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MOTION-AMICUS CURIAE
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MR Florida Defense Lawyers Association BY: MR Tracy Raffles Gunn 984371
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GRANTED-SEE ORDER DATED 08/31/06
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06/26/2006
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MOTION-EXT OF TIME (ANSWER BRIEF-MERITS)
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RS Thomas Jonathan Burke BY: RS Elizabeth C. Wheeler 374210
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(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)
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06/26/2006
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RESPONSE
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PT Jill Marsh BY: PT Shannon L. Akins 820504
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W/EXHIBIT (FILED AS: " PETITIONER'S OBJECTION TO FLORIDA DEFENSE LAWYERS' ASSOCIATION'S MOTION FOR LEAVE TO APPEAR AS AMICUS CURIAE"
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06/28/2006
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ANSWER BRIEF-MERITS
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RS Robert Earl Valyou, Jr. BY: RS Joseph C. Brock 356220
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(O&7 & E-MAIL) (STRICKEN-SEE ORDER DATED 08/31/06)
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06/28/2006
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NOTICE-SUPPLEMENTAL AUTHORITY
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RS Robert Earl Valyou, Jr. BY: RS Joseph C. Brock 356220
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(O&7) FILED AS: "RESPONDENTS' JOINT NOTICE OF RELIANCE ON SUPPLEMENTAL AUTHORITY"
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06/28/2006
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RESPONSE
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PT Jill Marsh BY: PT Shannon L. Akins 820504
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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)
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06/30/2006
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ANSWER BRIEF-MERITS
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RS Pv Holding Corp. BY: RS Robert W. Mixson 267872
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W/APPENDIX (O&7 & E-MAIL)
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06/30/2006
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REQUEST-ORAL ARGUMENT
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RS Pv Holding Corp. BY: RS Robert W. Mixson 267872
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(O&7)
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06/30/2006
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ANSWER AMD BRIEF-MERITS
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RS Robert Earl Valyou, Jr. BY: RS Joseph C. Brock 356220
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(O&7 & E-MAIL)
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06/30/2006
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MISC. DOCKET ENTRY
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RS Pv Holding Corp. BY: RS Robert W. Mixson 267872 - FILED AS: "AFFIDAVIT OF NATALIE LEWIS"
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06/30/2006
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MOTION-STRIKE
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RS Thomas Jonathan Burke BY: RS Elizabeth C. Wheeler 374210
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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)
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07/05/2006
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NOTICE-FILING
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RS Thomas Jonathan Burke BY: RS Elizabeth C. Wheeler 374210
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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)
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07/05/2006
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MOTION-RESPONSE AMENDMENT
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PT Jill Marsh BY: PT Shannon L. Akins 820504
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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)
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07/05/2006
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REQUEST-ORAL ARGUMENT
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RS Thomas Jonathan Burke BY: RS Elizabeth C. Wheeler 374210
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07/05/2006
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ANSWER BRIEF-MERITS
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RS Thomas Jonathan Burke BY: RS Elizabeth C. Wheeler 374210
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(O&7 & E-MAIL) (SERVED 7 DAYS LATE)
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07/06/2006
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AMICUS CURIAE ANSWER BRIEF-MERITS
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MR Florida Defense Lawyers Association BY: MR Tracy Raffles Gunn 984371
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(O&7 & E-MAIL)
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07/07/2006
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MOTION-BRIEF AMENDMENT
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RS Robert Earl Valyou, Jr. BY: RS Joseph C. Brock 356220
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FILED AS: "MOTION FOR LEAVE TO FILE CORRECTED ANSWER BRIEF" (GRANTED-SEE ORDER DATED 08/31/06)
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07/12/2006
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CERTIFICATE OF SERVICE (AMD)
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MR Florida Defense Lawyers Association FDLA BY: MR Tracy Raffles Gunn 0984371 - FOR AMICUS BRIEF FILED 7/6/06 (O&7)
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07/14/2006
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RESPONSE
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RS Thomas Jonathan Burke BY: RS Elizabeth C. Wheeler 374210
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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
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07/17/2006
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MOTION-ATTORNEYS FEES
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RS Thomas Jonathan Burke BY: RS Elizabeth C. Wheeler 374210
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O&7
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07/21/2006
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CERTIFICATE OF SERVICE (AMD)
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PT Jill Marsh BY: PT Shannon L. Akins 820504 (FOR RESPONSE FILED 6/28/06)
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07/21/2006
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MOTION-STRIKE
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PT Jill Marsh BY: PT Shannon L. Akins 820504
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FILED AS: "PETITIONER'S MOTION TO STRIKE FDLA'S AMICUS CURIAE ANSWER BRIEF" (DENIED AS MOOT-SEE ORDER DATED 08/31/06)
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07/21/2006
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MOTION-TOLL TIME
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PT Jill Marsh BY: PT Shannon L. Akins 820504
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GRANTED-SEE ORDER DATED 08/31/06
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07/21/2006
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MOTION-EXT OF TIME (REPLY BRIEF-MERITS)
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PT Jill Marsh BY: PT Shannon L. Akins 820504
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GRANTED-SEE ORDER DATED 08/31/06
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07/24/2006
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MOTION-ATTORNEYS FEES
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RS Robert Earl Valyou, Jr. BY: RS Joseph C. Brock 356220
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(O&7) FILED AS: "RESPONDENTS VALYOUS' MOTION FOR APPELLATE ATTORNEY'S FEES"
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07/24/2006
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NOTICE-ADDRESS CHANGE
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RS Robert Earl Valyou, Jr. BY: RS Joseph C. Brock 356220
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FOR JOSEPH C. BROCK AND STEVEN W. IGOU
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08/04/2006
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RESPONSE
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MR Florida Defense Lawyers Association BY: MR Tracy Raffles Gunn 984371
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TO MOTION TO STRIKE AMICUS BRIEF
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08/09/2006
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NOTICE-ADDRESS CHANGE
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PT Jill Marsh BY: PT Shannon L. Akins 820504
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08/09/2006
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MOTION-STRIKE
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PT Jill Marsh BY: PT Shannon L. Akins 820504
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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)
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08/09/2006
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NOTICE-SUPPLEMENTAL AUTHORITY
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RS Robert Earl Valyou, Jr. BY: RS Joseph C. Brock 356220
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FILED AS RESPONDENTS' JOINT NOTICE OF SUPPLEMENTAL AUTHORITY (O&7)
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08/18/2006
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RESPONSE
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RS Robert Earl Valyou, Jr. BY: RS Joseph C. Brock 356220
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(O&7) TO MOTION TO STRIKE AMENDED ANSWER BRIEF
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08/28/2006
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NOTICE
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PT Jill Marsh BY: PT John Thomas Stemberger 971881
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FILED AS "NOTICE OF UNAVAILABILITY"
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08/31/2006
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ORDER-OTHER SUBSTANTIVE
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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.
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09/11/2006
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NOTICE-ADDRESS CHANGE
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RS Thomas Jonathan Burke BY: RS Elizabeth C. Wheeler 374210
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09/11/2006
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NOTICE
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RS Thomas Jonathan Burke BY: RS Elizabeth C. Wheeler 374210
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OF UNAVAILABILITY
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09/15/2006
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REPLY BRIEF-MERITS
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PT Jill Marsh BY: PT Shannon L. Akins 820504
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(O&7 & E-MAIL) (TOO LONG)
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09/15/2006
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APPENDIX
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PT Jill Marsh BY: PT Shannon L. Akins 820504
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(O&7)
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09/19/2006
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ORDER-BRIEF STRICKEN (NON-COMPLIANCE)
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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.
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10/09/2006
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REPLY AMD BRIEF-MERITS
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PT Jill Marsh BY: PT Shannon L. Akins 820504
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(O&7 & E-MAIL)
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10/09/2006
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APPENDIX
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PT Jill Marsh BY: PT Shannon L. Akins 820504
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(O&7)
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10/09/2006
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ORDER-APPENDIX STRICKEN
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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.
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11/03/2006
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ORDER-OA SCHED/JURIS ACCEPTED
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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.
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11/03/2006
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ORAL ARGUMENT CALENDAR
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02/15/2007
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ORAL ARGUMENT HELD
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03/21/2007
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NOTICE
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RS Pv Holding Corp. BY: RS Robert W. Mixson 267872
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OF UNAVAILABILITY
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11/21/2007
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DISP-QUASHED
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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.
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11/29/2007
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MOTION-BRIEF AMENDMENT
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MP Academy Of Florida Trial Lawyers AFTL BY: MP Michael S Finch 937304
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FILED AS "MOTION TO AMEND AUTHOR AFFILIATION ON AMICUS CURIAE BRIEF"
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12/03/2007
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ORDER-BRIEF AMENDMENT GR
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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.
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12/04/2007
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AMICUS CURIAE INITIAL AMD BRIEF-MERITS
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MP Academy Of Florida Trial Lawyers AFTL BY: MP Philip M. Burlington 285862
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(O&7 & E-MAIL
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12/04/2007
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MOTION-EXT OF TIME (REHEARING/REINSTATEMENT)
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RS Thomas Jonathan Burke BY: RS Jane Clark
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FILED AS "RESPONDENTS' UNOPPOSED JOINT MOTION FOR EXTENSION OF TIME TO SERVE MOTION FOR REHEARING"
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12/04/2007
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MOTION-STAY (FSC PROCEEDINGS)
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RS Thomas Jonathan Burke BY: RS Elizabeth C. Wheeler 374210
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"FILED AS RESPONDENTS' UNOPPOSED MOTION TO STAY ISSUANCE OF MANDATE"
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12/11/2007
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ORDER-STAY PROCEEDINGS FSC GR
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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.
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12/11/2007
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ORDER-EXT OF TIME GR (REHEARING/REINSTATEMENT)
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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.
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12/11/2007
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MOTION-REHEARING
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RS Robert Earl Valyou, Jr. BY: RS Joseph C. Brock 356220
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rc (O&7) & CD
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12/20/2007
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MOTION-EXT OF TIME (RESPONSE)
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PT Jill Marsh BY: PT John Thomas Stemberger 971881
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FILED AS "PETITIONER'S MOTION FOR EXTENSION OF TIME FOR SERVICE OF REPLY BRIEF TO RESPONDENTS' JOINT MOTION FOR REHEARING OR CLARIFICATION"
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01/09/2008
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ORDER-EXT OF TIME GR (RESPONSE)
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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.
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01/16/2008
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RESPONSE
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PT Jill Marsh BY: PT John Thomas Stemberger 971881
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TO RESPONDENTS' JOINT MOTION FOR REHEARING OR CLARIFICATION (O&7)
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03/10/2008
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DISP-REHEARING DY
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Respondents' "Joint Motion for Rehearing or Clarification" is hereby denied. (RC)
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03/10/2008
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ORDER-ATTY FEES DY (J/M/O)
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Respondents Burkes' motion for attorneys' fees is hereby denied. Respondents Valyous' motion for attorneys' fees is hereby denied.
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03/28/2008
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MANDATE
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CC: COUNSEL
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03/31/2008
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RECORD/TRANSCRIPT RETURNED
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Hon. Susan Wright, Clerk BY: Hon. Susan Wright, Clerk
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8 VOLUMES RECORD, 19 VOLUMES SUPPLEMENTAL RECORD (2 BOXES)
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04/30/2008
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ARCHIVES
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file
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