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Doc. Date Docketed Description Filed by Notes
06/26/2006 NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT) PT Theodore Spera BY: PT Theodore Spera FILED AS A "NOTICE OF APPEAL" AND TREATED AS A NOTICE TO INVOKE DISCRETIONARY JURISDICTION.
07/07/2006 No Fee Required 3.800 BELOW
07/07/2006 ORDER-BRIEF SCHED (MISC) The notice of appeal has been treated as a notice to invoke discretionary jurisdiction. Petitioner is allowed to and including July 24, 2006, in which to serve the initial brief on jurisdiction. Respondent shall have twenty (20) days after service of petitioner's initial brief on jurisdiction in which to serve the answer brief on jurisdiction.Per this Court's Administrative Order In Re: Mandatory Submission of Electronic Copies of Documents AOSC04-84 dated September 13, 2004, counsel are directed to include a copy of all briefs in an electronic format as required by the provisions of that order.
07/21/2006 JURIS INITIAL BRIEF PT Theodore Spera BY: PT Theodore Spera BRIEF DOES NOT CONTAIN A SUMMARY OF ARGUMENT AND NO APPENDIX WAS ATTACHED OR FILED SEPARATLEY (O&5)
07/24/2006 ORDER-BRIEF STRICKEN (NON-COMPLIANCE) Petitioner's jurisdictional brief, which was filed with this Court on July 21, 2006, does not comply with Florida Rule of Appellate Procedure 9.210 and is hereby stricken. Petitioner is hereby directed, on or before August 14, 2006, to serve an original and five (5) copies of an amended jurisdictional brief with appendix. The brief shall contain a Summary of Argument and the Appendix should be separately bound or separated from the brief by a divider and appropriate tab and should contain only a conformed copy of the decision of the district court of appeal.
08/11/2006 JURIS INITIAL AMD BRIEF PT Theodore Spera BY: PT Theodore Spera O&5
08/11/2006 APPENDIX PT Theodore Spera BY: PT Theodore Spera O&5
09/05/2006 JURIS ANSWER BRIEF RS State Of Florida state1 BY: RS Mark John Hamel 842621 (O&5 & EMAIL)
10/26/2006 ORDER-JURIS ACCEPT/BRIEF SCHED (OA LATER DATE) The Court accepts jurisdiction of this case. Oral argument will be set by separate order. Counsel for the parties will be notified of the oral argument date approximately sixty days prior to oral argument. Petitioner's initial brief on the merits shall be served on or before November 20, 2006; respondent's answer brief on the merits shall be served twenty days after service of petitioner's initial brief on the merits; and petitioner's reply brief on the merits shall be served twenty days after service of respondent's answer brief on the merits. Please file an original and seven copies of all briefs. The Clerk of the Fourth District Court of Appeal shall file the original record which shall be properly indexed and paginated on or before December 27, 2006. The record shall include the briefs filed in the district court separately indexed. VACATED 12/21/06
11/29/2006 RECORD/TRANSCRIPT Hon. Marilyn Nemzura Beuttenmuller, Clerk BY: Hon. Marilyn Nemzura Beuttenmuller, Clerk 1 VOLUME SUMMARY RECORD, 1 VOLUME BRIEF(S), W/CERTIFICATE OF CLERK
12/21/2006 ORDER-OA&BRIEF SCHED/COUNS APPT/JURIS ACCEPTED This Court's order dated October 26, 2006, is hereby vacated. It is ordered that Bruce S. Rogow and Cynthia Gunther of 500 E. Broward Boulevard, Suite 1930 Fort Lauderdale, Florida 33394-3088, are hereby appointed as counsel for petitioner. All further pleadings for petitioner shall be filed by the petitioner's counsel only. The Court accepts jurisdiction of this case. Oral argument will be set by separate order. Counsel for the parties will be notified of the oral argument date approximately sixty days prior to oral argument. Petitioner's brief on the merits shall be served on or before January 15, 2007; respondent's brief on the merits shall be served twenty days after service of petitioner's brief on the merits; and petitioner's reply brief on the merits shall be served twenty days after service of respondent's brief on the merits. Please file an original and seven copies of all briefs.
01/12/2007 MOTION-EXT OF TIME (INITIAL BRIEF-MERITS) PT Theodore Spera BY: PT Bruce S. Rogow 67999
01/18/2007 ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS) Petitioner's motion for extension of time is granted and petitioner is allowed to and including February 14, 2007, 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.
01/22/2007 ORDER-OA SCHED (PREV ACCEPTED) The Court previously accepted jurisdiction. The Court will hear oral argument at 9:00 a.m., Wednesday, June 6, 2007. A maximum of twenty minutes to the side is allowed for the argument, 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.
02/14/2007 INITIAL BRIEF-MERITS PT Theodore Spera BY: PT Bruce S. Rogow 67999 W/APPENDIX (O&7 & E-MAIL)
03/12/2007 ANSWER BRIEF-MERITS RS State Of Florida state1 BY: RS Mark John Hamel 842621 (O&7 & E-MAIL)
04/04/2007 REPLY BRIEF-MERITS PT Theodore Spera BY: PT Bruce S. Rogow 67999 O&7 & E-MAIL
04/05/2007 ORAL ARGUMENT CALENDAR
04/05/2007 ORDER-ORAL ARGUMENT RESCHEDULE At the direction of the Court, the above case which was scheduled for oral argument on June 6, 2007, has been rescheduled for oral argument at 8:30 a.m., Friday, June 8, 2007. A maximum of twenty minutes to the side is allowed for the argument, but counsel is expected to use only so much of that time as is necessary.
06/08/2007 ORAL ARGUMENT HELD
11/01/2007 DISP-QUASHED & REMANDED In accordance with our holding today, we quash the Fourth District's decision and remand with directions that the trial court be ordered to permit petitioner to file an amended pleading, if indeed he can do so in good faith.
11/13/2007 MOTION-REHEARING RS State Of Florida state1 BY: RS Mark John Hamel 842621 FILED AS "MOTION FOR CLARIFICATION" (O&7) rc
12/26/2007 DISP-REHEARING DY Respondent's Motion for Clarification is hereby denied. (RC)
01/11/2008 MANDATE CC: COUNSEL
01/11/2008 RECORD/TRANSCRIPT RETURNED 1 VOLUME SUMMARY RECORD, 1 VOLUME BRIEF(S)
01/31/2008 ARCHIVES 1 File