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Doc. Date Docketed Description Filed by Notes
07/20/2006 NOTICE-DISCRETIONARY JURIS (CERT GPI) PT Florida Department Of Environmental Protection DEP BY: WD Gregory M. Munson 188344
07/27/2006 No Fee - State
07/28/2006 NOTICE-APPEARANCE PT Florida Department Of Environmental Protection DEP BY: PT Teresa Leigh Mussetto 308463 (O&5)
07/28/2006 MOTION-OTHER SUBSTANTIVE PT Florida Department Of Environmental Protection DEP BY: PT Linda Kathryn Funchess 349402 (O&5) FILED AS: "DEPARTMENT'S MOTION FOR LEAVE TO FILE BRIEF ON JURISDICTION ADDRESSING DIRECT AND EXPRESS CONFLICT IN A CASE INVOLVING A CERTIFIED QUESTION"
07/28/2006 JURIS INITIAL BRIEF PT Florida Department Of Environmental Protection DEP BY: WD Gregory M. Munson 188344 O&5 & E-MAIL
07/28/2006 APPENDIX PT Florida Department Of Environmental Protection DEP BY: PT Linda Kathryn Funchess 349402 FOR JURIS INITIAL BRIEF (CONTAINS MORE THAN DCA DECISION) (STRICKEN)
08/07/2006 MOTION-BRIEF AMENDMENT PT Florida Department Of Environmental Protection DEP BY: PT Linda Kathryn Funchess 349402 FILED AS MOTION FOR LEAVE TO FILE A CORRECTED BRIEF ON JURISDICTION OF THE DEPT. OF ENVIRONMENTAL PROTECTION AND BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND (O&5)
08/07/2006 JURIS INITIAL AMD BRIEF PT Florida Department Of Environmental Protection DEP BY: PT Linda Kathryn Funchess 349402 O&5 & E-MAIL
08/07/2006 APPENDIX (AMENDED) PT Florida Department Of Environmental Protection DEP BY: PT Linda Kathryn Funchess 349402 FOR JURS INITIAL BRIEF (O&5)
08/11/2006 NOTICE-COUNS SUBSTITUTION PT Florida Department Of Environmental Protection DEP BY: PT Teresa Leigh Mussetto 308463
08/11/2006 NOTICE-APPEARANCE RS Stop The Beach Renourishment, Inc. BY: RS Dan R. Stengle 352411 (O&1)
08/11/2006 RESPONSE RS Stop The Beach Renourishment, Inc. BY: RS Dan R. Stengle 352411 (O&1) FILED AS: "RESPONDENT'S RESPONSE TO PETITIONERS' MOTION FOR LEAVE TO FILE BRIEF ON JURISDICTION"
08/31/2006 ORDER-OTHER SUBSTANTIVE GR Petitioners, the Florida Department of Environmental Protection and the Board of Trustees of the International Improvement Trust Fund's Motion for Leave to File Brief on Jurisdiction Addressing Direct and Express Conflict in a Case Involving a Certified Question is hereby granted and said brief was filed with this Court on July 28, 2006. Respondents are allowed to and including September 25, 2006, in which to serve the jurisdictional answer brief.
09/01/2006 NOTICE-APPEARANCE Thomas G. Pelham 138570 BY: Thomas G. Pelham 138570
09/21/2006 JURIS ANSWER BRIEF RS Save Our Beaches, Inc. BY: RS Richard Stephen Brightman 347231 (O&5 & E-MAIL) (09/27/2006: O&5 FILED)
09/25/2006 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 October 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 First District Court of Appeal shall file the original record which shall be properly indexed and paginated on or before November 27, 2006. The record shall include the briefs filed in the district court separately indexed.
10/06/2006 MOTION-AMICUS CURIAE MP Florida Shore & Beach Preservation Assoc. BY: MP Shelley, Linda Loomis 240621
10/20/2006 INITIAL BRIEF-MERITS PT Florida Department Of Environmental Protection DEP BY: WD Gregory M. Munson 188344 (O&7 & E-MAIL) (NO APPENDIX) (COPIES ARE MISSING PAGES 38 & 39) (STRICKEN 10/30/06)
10/20/2006 MOTION-AMICUS CURIAE MP Florida Association of Counties, Inc. BY: MP Gary K. Oldehoff 449679
10/23/2006 ORDER-AMICUS CURIAE GR The motion for leave to file brief as amicus curiae filed by the Florida Shore & Beach Preservation Association and the motion for leave to file brief as amicus curiae filed by the Florida Association of Counties, Inc. and the Florida League of Cities, Inc. are hereby granted and they are allowed to file brief only in support of petitioner. The briefs by the above referenced amicus curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
10/25/2006 AMICUS CURIAE INITIAL BRIEF-MERITS MP Florida Shore & Beach Preservation Assoc. BY: MP Shelley, Linda Loomis 240621 (O&7 & E-MAIL)
10/25/2006 AMICUS CURIAE INITIAL BRIEF-MERITS MP Florida Association of Counties, Inc. BY: MP Gary K. Oldehoff 449679 (O&7) (NO E-MAIL, PAGINATION IS INCORRECT AND BRIEF IS TOO LONG)
10/25/2006 ORDER-BRIEF STRICKEN (NON-COMPLIANCE) The Amicus Brief of Florida Association of Counties and Florida League of Cities, which was filed with this Court on October 24, 2006, does not comply with Florida Rules of Appellate Procedure 9.210(a)(5) and 9.370(b) and is hereby stricken. The above referenced amicus curiae is hereby directed, on or before November 14, 2006, to serve an original and seven copies of an amended brief which does not exceed twenty pages in length. Only the table of contents and the citation of authorities shall be excluded from the computation.
10/25/2006 MOTION-BRIEF AMENDMENT PT Florida Department Of Environmental Protection DEP BY: PT Linda Kathryn Funchess 349402
10/25/2006 INITIAL AMD BRIEF-MERITS PT Florida Department Of Environmental Protection DEP BY: PT Linda Kathryn Funchess 349402 W/APPENDIX (O&7 & E-MAIL)
10/26/2006 MOTION-AMICUS CURIAE MP Florida Assoc. Of Convention & Visitors Bureaus BY: MP Kenneth J. Plante 444790
10/26/2006 AMICUS CURIAE INITIAL BRIEF-MERITS MP Florida Assoc. Of Convention & Visitors Bureaus BY: MP Kenneth J. Plante 444790 (O&5 & E-MAIL)(2 COPIES FILED 10/27/06)
10/30/2006 ORDER-BRIEF AMENDMENT GR Petitioners' motion to file amended initial brief is granted and said amended brief was filed with this Court on October 25, 2006. Petitioners' initial brief filed with this Court on October 20, 2006, is hereby stricken.
11/01/2006 AMICUS CURIAE INITIAL AMD BRIEF-MERITS MP Florida Association of Counties, Inc. BY: MP Gary K. Oldehoff 449679 (O&7 & E-MAIL) (CERT OF SERVICE DOES NOT SERVE ATTY, SHELLY)
11/02/2006 ORDER-AMICUS CURIAE GR The motion for leave to file brief as amicus curiae filed by the Florida Association of Convention & Visitors Bureaus, Inc. is hereby granted and they are allowed to file brief only in support of petitioners. The brief by the above referenced amicus curiae was filed with this Court on October 26, 2006.
11/06/2006 CERTIFICATE OF SERVICE (AMD) MP Florida Association Of Counties BY: MP Gary K. Oldehoff 0449679 FOR AMICUS BRIEF
11/22/2006 ANSWER BRIEF-MERITS RS Save Our Beaches, Inc. BY: RS Richard Stephen Brightman 347231 O&7 & E-MAIL (BRIEF CONTAINS MORE THAN ALLOWED)
11/22/2006 APPENDIX RS Stop The Beach Renourishment, Inc. BY: RS Richard Stephen Brightman 347231 O&7
11/27/2006 ORDER-BRIEF STRICKEN (NON-COMPLIANCE) Respondent's answer brief, which was filed with this Court on November 22, 2006, does not comply with Florida Rule of Appellate Procedure 9.210(a)(5) and is hereby stricken. Respondent is hereby directed, on or before December 18, 2006, to serve an original and seven copies of an amended answer brief which does not exceed fifty pages in length. Only the table of contents and the citation of authorities shall be excluded from the computation of the brief.
11/27/2006 AMICUS CURIAE ANSWER BRIEF-MERITS MR Florida Home Builders Association FHBA BY: MR Victoria Lynn Weber 266426 O&7 & E-MAIL
11/27/2006 MOTION-AMICUS CURIAE MR Florida Home Builders Association FHBA BY: MR Victoria Lynn Weber 266426
11/29/2006 RECORD/TRANSCRIPT Jon S. Wheeler BY: Jon S. Wheeler 2 VOLUMES OF CC PAPERS, 1 VOLUME OF BRIEFS, 5 VOLUMES OF RECORD, & E-MAIL (ROA IS SHARED WITH SC06-1447)
11/29/2006 ANSWER AMD BRIEF-MERITS RS Save Our Beaches, Inc. BY: RS Richard Stephen Brightman 347231 W/APPENDIX (O&7 & E-MAIL)
11/29/2006 ORDER-AMICUS CURIAE GR The motion for leave to file brief as amicus curiae filed by Florida Home Builders Association is hereby granted and they are allowed to file brief only in support of respondents. The brief by the above referenced amicus curiae was filed with this Court on November 27, 2006.
12/06/2006 MOTION-AMICUS CURIAE MR Pacific Legal Foundation BY: MR Steven Geoffrey Gieseler 880981
12/06/2006 AMICUS CURIAE ANSWER BRIEF-MERITS MR Pacific Legal Foundation BY: MR Steven Geoffrey Gieseler 880981 (O&8) (E-MAIL RCVD 12/7/06))
12/08/2006 RESPONSE PT Florida Department Of Environmental Protection DEP BY: PT Linda Kathryn Funchess 349402 (O&1) IN OPPOSITION TO PACIFIC LEGAL FOUNDATION'S MOTION FOR AMICUS CURIAE
12/12/2006 ORDER-AMICUS CURIAE GR The motion for leave to file brief as amicus curiae filed by Pacific Legal Foundation is hereby granted and they are allowed to file brief only in support of respondents. The brief by the above referenced amicus curiae was filed with this Court on December 6, 2006.
12/13/2006 MOTION-EXT OF TIME (AMICUS CURIAE BRIEF) MR Pacific Legal Foundation BY: MR Steven Geoffrey Gieseler 880981 (O&4)
12/18/2006 REPLY BRIEF-MERITS PT Florida Department Of Environmental Protection DEP BY: WD Gregory M. Munson 188344 W/APPENDIX (O&7 & E-MAIL) (EXCEEDS PAGE LIMIT)
12/18/2006 MOTION-BRIEF PAGE ENLARGEMENT PT Florida Department Of Environmental Protection DEP BY: PT Linda Kathryn Funchess 349402 (O&7) REPLY BRIEF
12/18/2006 REQUEST-ORAL ARGUMENT PT Florida Department Of Environmental Protection DEP BY: PT Linda Kathryn Funchess 349402 (O&7)
12/21/2006 ORDER-EXT OF TIME DY (AMICUS CURIAE) Amicus curiae Pacific Legal Foundation's Motion for Leave for Later Service is hereby denied as moot.
01/03/2007 ORAL ARGUMENT CALENDAR
01/03/2007 ORDER-OA SCHED (PREV ACCEPTED) The Court previously accepted jurisdiction. The above cases are hereby consolidated for the purpose of oral argument. The Court will hear oral argument at 9:00 a.m., Thursday, April 19, 2007. A maximum of twenty minutes to the side as consolidated 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. TO VIEW ORDER SEE SC06-1447.
01/09/2007 ORDER-BRIEF PAGE ENLARGEMENT GR Petitioners' Motion to for Leave to File Expanded Reply Brief is hereby granted and said brief consisting of 27 pages and appendix, was filed with this Court on December 18, 2006.
02/28/2007 NOTICE-COUNS SUBSTITUTION PT Florida Department Of Environmental Protection DEP BY: PT Thomas M. Beason 178766
02/28/2007 NOTICE-SUPPLEMENTAL AUTHORITY PT Florida Department Of Environmental Protection DEP BY: PT Thomas M. Beason 178766 O&7 (STRICKEN - SEE 03/01/2007 ORDER)
03/01/2007 ORDER-SUPP AUTHORITY STRICKEN Petitioner's Notice of Supplemental Authority filed with this Court on February 28, 2007, does not comply with Florida Rule of Appellate Procedure 9.225 and is hereby stricken as it does not contain a copy of the cited authority.
03/05/2007 NOTICE-SUPPLEMENTAL AUTHORITY PT Florida Department Of Environmental Protection DEP BY: PT Thomas M. Beason 178766 O&7
03/20/2007 NOTICE-APPEARANCE PT Florida Department Of Environmental Protection DEP BY: PT Hon. Scott Douglas Makar, Judge 709697
04/05/2007 MOTION-OTHER SUBSTANTIVE PT Florida Department Of Environmental Protection DEP BY: PT Hon. Scott Douglas Makar, Judge 709697 O&1 FILED AS: "UNOPPOSED MOTION FOR ADDITIONAL TIME FOR ORAL ARGUMENT"
04/16/2007 ORDER-OTHER SUBSTANTIVE GR TO VIEW ORDER SEE SC06-1447.
04/19/2007 ORAL ARGUMENT HELD
05/14/2007 NOTICE-ADDRESS CHANGE MR Pacific Legal Foundation BY: MR Valerie A Fernandez 251021 FOR AMICUS CURIAE PACIFIC LEGAL FOUNDATION (O&1)
05/16/2008 ORDER-CASE STYLE CHANGE The style of the above case has been changed from Florida Department of Environmental Protection, etc. vs. Save Our Beaches, Inc., et al. to Florida Department of Environmental Protection, etc. vs. Stop the Beach Renourishment, Inc., et al.
09/29/2008 DISP-QUASHED In light of the above, we find that the Act, on its face, does not unconstitutionally deprive upland owners of littoral rights without just compensation. Consequently, we answer the rephrased certified question in the negative and quash the decision of the First District. And we again emphasize that our decision in this case is strictly limited to the context of restoring critically eroded beaches under the Beach and Shore Preservation Act.
10/14/2008 MOTION-REHEARING RS Save Our Beaches, Inc. BY: RS Dan R. Stengle 352411 O&7 (RC)
10/29/2008 RESPONSE PT Florida Department Of Environmental Protection DEP BY: PT Hon. Scott Douglas Makar, Judge 709697 FILED AS "RESPONSE OF RESPONDENTS, FLORIDA DEPARTMENT ENVIRONMENTAL PROTECTION AND BOARD OF TRUSTEES OF THE INTERAL IMPROVEMENT TRUST FUND, TO MOTION FOR REHEARING, REHEARING EN BANC, OR CLARIFICATION" (O&7)
12/18/2008 DISP-REHEARING DY SEE SC06-1447 TO VIEW ORDER (RC)
03/02/2009 MANDATE CC: COUNSEL
03/05/2009 ARCHIVES file
03/13/2009 USSC CERTIORARI 08-1151 & PLACED ON DOCKET 03/17/2009
06/15/2009 USSC CERTIORARI GRANTED 08-1151 & MOT TO FILE A/C BRIEF IS GRANTED
10/13/2009 USSC REQUEST FOR FSC ROA 08-1151
11/02/2009 RECORD/TRANSCRIPT PT Florida Department Of Environmental Protection DEP BY: PT Hon. Scott Douglas Makar, Judge 709697 3 VOLUMES RECORD, 1 VOLUME TRANSCRIPT, 6 VOLUMES EXHIBITS, 1 PACKET, 2 CD'S, 2 VOLUMES CC PAPERS
11/02/2009 ROA SENT TO USSC FROM FSC 08-1151 3 VOLUMES RECORD, 1 VOLUME TRANSCRIPT, 6 VOLUMES EXHIBITS, 1 PACKET, 2 CD'S, 7 VOLUMES FSC RECORD
06/17/2010 USSC OPINION RELEASED 08-1151 MANDATE W/NOT ISSUE FOR A LEAST 25 DAYS
07/19/2010 USSC MANDATE 08-1151
08/05/2010 RECORD/TRANSCRIPT RETURNED Jon S. Wheeler BY: Jon S. Wheeler 3 VOLUMES, 1 VOLUME TRANSCRIPT, 6 VOLUMES EXHIBITS, 2 CD'S, 1 PACKET
08/05/2010 ROA RETURNED TO FSC FROM USSC 08-1151 3 VOLUMES RECORD, 1 VOLUME TRANSCRIPT, 6 VOLUMES EXHIBITS, 1 PACKET, 2 CD'S, 7 VOLUMES FSC RECORD