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Doc. Date Docketed Description Filed by Notes
07/18/2006 NOTICE-DISCRETIONARY JURIS (CERT GPI) PT Deborah Chames BY: PT Jonathan A. Heller 340881
08/21/2006 Filing Fee $300 2006 - 1004699 Amount: $300
08/21/2006 Fee Paid In Full - $300
09/11/2006 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 6, 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 Third District Court of Appeal shall file the original record which shall be properly indexed and paginated on or before November 13, 2006. The record shall include the briefs filed in the district court separately indexed.
09/26/2006 MOTION-AMICUS CURIAE Charles J Crist, Jr. BY: Charles J Crist, Jr. (O&1)
10/05/2006 ORDER-AMICUS CURIAE GR The motion for leave to file brief as amicus curiae filed by the Attorney General of the State of Florida is hereby granted and they are allowed to file brief only in support of respondent. The brief by the above referenced amicus curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
10/05/2006 MOTION-EXT OF TIME (INITIAL BRIEF-MERITS) PT Deborah Chames BY: PT Jonathan A. Heller 340881
10/06/2006 NOTICE-APPEARANCE PT Deborah Chames BY: PT Jay M. Levy 219754
10/09/2006 MOTION-AMICUS CURIAE MR Business Law Section Of The Florida Bar FB BY: MR Paul Steven Singerman 378860 (O&7)
10/09/2006 MOTION-AMICUS CURIAE MR Real Property, Probate & Trust Of The Fl Bar BY: MR Robert W. Goldman 339180
10/13/2006 ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS) - EXT TO 10/25/2006, NFE
10/30/2006 INITIAL BRIEF-MERITS PT Deborah Chames BY: PT Jonathan A. Heller 340881 (O&7 & E-MAIL) (NO APPENDIX) (CERT OF SERVICE DOES NOT SERVE HEARN OR HUBENER) (11/16/2006: STRICKEN)
10/30/2006 REQUEST-ORAL ARGUMENT PT Deborah Chames BY: PT Jay M. Levy 219754 (CERT OF SERVICE DOES NOT SERVE HEARN OR HUBENER) (11/16/2006: STRICKEN) (11/01/2006: AMENDED MOTION FILED - AMENDED AS TO CERT OF SERVICE)
10/30/2006 MOTION-ATTORNEYS FEES PT Deborah Chames BY: PT Jay M. Levy 219754 (CERT OF SERVICE DOES NOT SERVE HEARN OR HUBENER) (11/16/2006: STRICKEN) (11/01/2006: AMENDED MOTION FILED - AS TO CERT OF SERVICE)
11/01/2006 INITIAL AMD BRIEF-MERITS PT Deborah Chames BY: PT Jonathan A. Heller 340881 (O&7 & E-MAIL) (AMENDED AS TO THE CERT OF SERVICE)
11/13/2006 RECORD/TRANSCRIPT Mary Cay Blanks BY: Mary Cay Blanks 5 VOLUMES OF RECORD, 1 VOLUME OF EXHIBITS, & CC PAPERS (SHARED WITH O6-2187)
11/14/2006 APPENDIX PT Deborah Chames BY: PT Jay M. Levy 219754 (O&7)
11/14/2006 MOTION-BRIEF AMENDMENT PT Deborah Chames BY: PT Jay M. Levy 219754 FOR AMD INIT BRIEF, AMD MOT-FEES, & AMD REQUEST-OA
11/15/2006 MOTION-STAY (PROCEEDINGS BELOW) RS Henry Demayo BY: RS Sophie Demayo 267155 FILED AS: "EMERGENCY MOTION FOR STAY OF MANDATE IN ORDER TO PREVENT SEIZURE OF APPELLATE BOND" (CERT OF SERVICE DOES NOT SERVE LEVY, HEARN, OR HUBENER,) (11/16/2006: ADD'L ORIG FILED W/SUPPLEMENT) (11/21/2006: WITHDRAWN)
11/16/2006 ORDER-BRIEF AMENDMENT GR Petitioners' Motion to Accept Amended Initial Brief, Amended Motion for Attorney's Fees, and Amended Request for Oral Argument is granted and said amended brief, amended motion for attorney's fees, and amended request for oral argument were filed with this Court on November 1, 2006. Petitioners' initial brief, motion for attorney's fees, and request for oral argument filed with this Court on October 30, 2006, are hereby stricken.
11/16/2006 SUPPLEMENT RS Henry Demayo BY: RS Sophie Demayo 267155 TO EMERGENCY MOTION FOR STAY OF MANDATE IN ORDER TO PREVENT SEZISURE OF APPELLATE BOND W/ATTACHMENTS (11/21/2006: WITHDRAWN)
11/17/2006 MOTION-EXT OF TIME (ANSWER BRIEF-MERITS) RS Henry Demayo BY: RS Sophie Demayo 267155
11/20/2006 ORDER-AMICUS CURIAE GR The motions for leave to file briefs as amicus curiae filed by the Business Law Section of the Florida Bar and the Real Property, Probate & Trust Law Section of the Florida Bar are hereby granted and they are allowed to file briefs only in support of respondent. The briefs by the above referenced amicus curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
11/21/2006 NOTICE-WITHDRAWAL RS Henry Demayo BY: RS Sophie Demayo 267155 OF EMERGENCY MOTION AND OF SUPPLEMENT TO EMERGENCY MOTION FOR TAY OF MANDATE IN ORDER TO PREVENT SEIZURE OF APPELLATE BOND BECAUSE OF ERROR IN NUMBERING OF CASE
11/22/2006 RESPONSE PT Deborah Chames BY: PT Jonathan A. Heller 340881 FILED AS "PETITIONER'S CERTIFICATE OF NON-OBJECTION TO RESPONDENT'S REQUEST FOR ENLARGEMENT OF TIME IN WHICH TO FILE ANSWER BRIEF"
11/22/2006 RESPONSE PT Deborah Chames BY: PT Jonathan A. Heller 340881 TO PETITIONER'S MOTION FOR STAY; FILED AS "PETITIONER'S RESPONSE IN OPPOSITION TO RESPONDENT'S EMERGENCY MOTION FOR STAY OF MANDATE IN ORDER TO PREVENT SEIZURE OR APPELLANT BOND" (11/21/2006: REMOVED FROM SC06-1671 & PLACED IN SC06-2187)
12/04/2006 ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS) GRANT TO 01/15/2007, NFE
01/18/2007 AMICUS CURIAE ANSWER BRIEF-MERITS MR Real Property, Probate & Trust Of The Fl Bar BY: MR Robert W. Goldman 339180 (O&7 & E-MAIL)
01/22/2007 AMICUS CURIAE ANSWER BRIEF-MERITS MR Attorney General Of Florida BY: MR Lynn C. Hearn 123633 (O&7 & E-MAIL)
01/22/2007 ANSWER BRIEF-MERITS RS Henry Demayo BY: RS Sophie Demayo 267155 (O&9 & E-MAIL) (3 DAYS LATE)
01/22/2007 AMICUS CURIAE ANSWER BRIEF-MERITS MR Business Law Section Of The Florida Bar FB BY: MR Ilyse M. Homer 826316 O&7 & E-MAIL
01/22/2007 MOTION-ACCEPTANCE AS TIMELY FILED (BRIEF) RS Henry Demayo BY: RS Sophie Demayo 267155 (O&1)
01/22/2007 APPENDIX RS Henry Demayo BY: RS Sophie Demayo 267155 (O&9) (DOES NOT CONTAIN A COPY OF DCA DECISION)
01/23/2007 MOTION-OTHER SUBSTANTIVE MR State Of Florida state1 BY: MR Louis F. Hubener, Iii 140084 FILED AS: "ATTORNEY GENERAL'S MOTION TO PARTICIPATE IN ORAL ARGUMENT AND FOR EXPANDED ORAL ARGUMENT"
01/25/2007 ORDER-APPENDIX STRICKEN 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 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.
01/25/2007 ORDER-ACCEPTANCE AS TIMELY FILED GR (BRIEF) Respondent's motion to accept brief as timely filed is granted and respondent's answer brief on the merits was filed with this Court on January 22, 2007.
01/25/2007 ORDER-OTHER SUBSTANTIVE DY Attorney General's Motion to Participate in Oral Argument and for Expanded Oral Argument is hereby denied.
02/06/2007 APPENDIX (AMENDED) RS Henry Demayo BY: RS Sophie Demayo 267155 O&7
02/12/2007 ORDER-OA SCHED (PREV ACCEPTED) The Court previously accepted jurisdiction. The above cases are hereby consolidated for the purpose of oral argument, and the Court will hear oral argument at 9:00 a.m., Wednesday, September 19, 2007. A maximum of twenty minutes to the side as consolidated 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.
02/12/2007 ORAL ARGUMENT CALENDAR
02/12/2007 MOTION-EXT OF TIME (REPLY BRIEF-MERITS) PT Deborah Chames BY: PT Jay M. Levy 219754
02/13/2007 ORDER-EXT OF TIME GR (REPLY BRIEF-MERITS) Petitioner's motion for extension of time is granted and petitioner is allowed to and including February 27, 2007, in which to serve the reply brief on the merits. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO PETITIONER FOR THE FILING OF THE REPLY BRIEF ON THE MERITS.
02/16/2007 CERTIFICATE OF SERVICE (AMD) PT Deborah Chames BY: PT Jay M. Levy 219754 FOR MOTION FOR EXTENSION OF TIME (RELPY BRIEF)
02/27/2007 MOTION-EXT OF TIME (REPLY BRIEF-MERITS) PT Deborah Chames BY: PT Jay M. Levy 219754
02/28/2007 ORDER-EXT OF TIME GR (REPLY BRIEF-MERITS) Petitioner's motion for extension of time is granted and petitioner is allowed to and including March 2, 2007, in which to serve the reply brief on the merits. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO PETITIONER FOR THE FILING OF THE REPLY BRIEF ON THE MERITS.
03/12/2007 REPLY BRIEF-MERITS PT Deborah Chames BY: PT Jonathan A. Heller 340881 O&7 & E-MAIL
03/12/2007 MOTION-ACCEPTANCE AS TIMELY FILED (BRIEF) PT Deborah Chames BY: PT Jay M. Levy 219754
03/13/2007 ORDER-ACCEPTANCE AS TIMELY FILED GR (BRIEF) Petitioner's motion to accept brief as timely filed is granted and petitioner's reply brief was filed with this Court on March 12, 2007.
08/31/2007 MOTION-REHEARING ON MISC ORDER MR State Of Florida state1 BY: MR Hon. Scott Douglas Makar, Judge 709697 DATED 01/25/2007 (FILED AS "MOTION FOR CLARIFICATION REGARDING PARTICIPATION IN ORAL ARGUMENT") (DID NOT SERVE ATTY. JAY LEVY)
08/31/2007 NOTICE-APPEARANCE MR State Of Florida state1 BY: MR Hon. Scott Douglas Makar, Judge 709697
08/31/2007 MOTION-ATTORNEYS FEES RS Henry Demayo BY: RS Sophie Demayo 267155
09/07/2007 ORDER-OTHER SUBSTANTIVE DY Attorney General's Motion for Clarification Regarding Participation in Oral Argument is hereby denied.
09/07/2007 RESPONSE PT Deborah Chames BY: PT Jay M. Levy 219754 TO ATTORNEY GENERAL'S MOTION FOR CLARIFICATION REGARDING PARTICIPATION AT ORAL ARGUMENT
09/19/2007 ORAL ARGUMENT HELD
12/20/2007 DISP-APPROVED We therefore apply the doctrine of stare decisis and reaffirm our holdings in Carter and Sherbill. The decision below is approved.
12/27/2007 MAIL RETURNED JENNA LEE REYNOLDS - 12/20/2007 OPINION (NO LONGER WITH AG'S OFFICE - PLACED WITH FILE)
01/10/2008 MAIL RETURNED ROBERT N. SCOLA, JR., JUDGE - 12/20/2007 OOPINION (01/11/2008 - REMAILED TO CORRECT ADDRESS)
01/11/2008 MANDATE CC: COUNSEL
01/11/2008 RECORD/TRANSCRIPT RETURNED Mary Cay Blanks BY: Mary Cay Blanks 5 VOLUMES OF RECORD, 1 VOLUME OF EXHIBITS (SHARED WITH O6-2187)
01/14/2008 MOTION-REHEARING RS Henry Demayo BY: RS Sophie Demayo 267155 FILED AS "MOTION FOR CLARIFICATION OF OPINION PURSUANT TO RULE 9.330" (O&5) (RC)
01/16/2008 DISP-REHEARING/REINST STRICKEN (UNTIMELY) The Motion for Rehearing filed by Henry Demayo is hereby stricken as untimely. (RC)
02/11/2008 ORDER-ATTY FEES DY (J/M/O) Petitioners' motion for attorneys' fees is hereby denied.
02/26/2008 ARCHIVES 1 FILE
06/20/2008 ORDER-ATTY FEES GR (AMT BY TR CT - M/O) Respondent's motion for attorney's fees is granted, the amount to be determined by the trial court. See Fla. R. App. P. 9.400(b).
07/07/2008 MOTION-REHEARING ON MISC ORDER PT Deborah Chames BY: PT Jay M. Levy 219754 FILED AS "PETITIONER'S MOTION FOR REHEARING OF ORDER GRANTING RESPONDENT'S MOTION FOR ATTORNEY'S FEES PURSUANT TO RULE 9.400(B), FLA.R.APP.PRO." (07/15/2008: CORRECTED MOTION FOR REHEARING )
07/28/2008 RESPONSE RS Henry Demayo BY: RS Sophie Demayo 267155 FILED AS "RESPONDENT'S ANSWER TO PETITIONER'S MOTION FOR REHEARING OF ORDER GRANTING ATTORNEY'S FEES"
09/16/2008 ORDER-OTHER SUBSTANTIVE DY Petitioners' "Corrected Motion for Rehearing of Order Granting Respondent's Motion for Attorney's Fees Pursuant to Rule 9.400(B), Fla.R.App.Pro." is hereby denied.