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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07/18/2006
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NOTICE-DISCRETIONARY JURIS (CERT GPI)
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PT Deborah Chames BY: PT Jonathan A. Heller 340881
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08/21/2006
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Filing Fee $300
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2006 - 1004699 Amount: $300
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08/21/2006
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Fee Paid In Full - $300
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09/11/2006
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ORDER-JURIS ACCEPT/BRIEF SCHED (OA LATER DATE)
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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.
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09/26/2006
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MOTION-AMICUS CURIAE
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Charles J Crist, Jr. BY: Charles J Crist, Jr.
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(O&1)
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10/05/2006
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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 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).
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10/05/2006
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MOTION-EXT OF TIME (INITIAL BRIEF-MERITS)
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PT Deborah Chames BY: PT Jonathan A. Heller 340881
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10/06/2006
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NOTICE-APPEARANCE
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PT Deborah Chames BY: PT Jay M. Levy 219754
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10/09/2006
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MOTION-AMICUS CURIAE
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MR Business Law Section Of The Florida Bar FB BY: MR Paul Steven Singerman 378860
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(O&7)
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10/09/2006
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MOTION-AMICUS CURIAE
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MR Real Property, Probate & Trust Of The Fl Bar BY: MR Robert W. Goldman 339180
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10/13/2006
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ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS)
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- EXT TO 10/25/2006, NFE
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10/30/2006
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INITIAL BRIEF-MERITS
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PT Deborah Chames BY: PT Jonathan A. Heller 340881
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(O&7 & E-MAIL) (NO APPENDIX) (CERT OF SERVICE DOES NOT SERVE HEARN OR HUBENER) (11/16/2006: STRICKEN)
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10/30/2006
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REQUEST-ORAL ARGUMENT
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PT Deborah Chames BY: PT Jay M. Levy 219754
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(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)
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10/30/2006
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MOTION-ATTORNEYS FEES
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PT Deborah Chames BY: PT Jay M. Levy 219754
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(CERT OF SERVICE DOES NOT SERVE HEARN OR HUBENER) (11/16/2006: STRICKEN) (11/01/2006: AMENDED MOTION FILED - AS TO CERT OF SERVICE)
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11/01/2006
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INITIAL AMD BRIEF-MERITS
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PT Deborah Chames BY: PT Jonathan A. Heller 340881
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(O&7 & E-MAIL) (AMENDED AS TO THE CERT OF SERVICE)
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11/13/2006
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RECORD/TRANSCRIPT
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Mary Cay Blanks BY: Mary Cay Blanks
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5 VOLUMES OF RECORD, 1 VOLUME OF EXHIBITS, & CC PAPERS (SHARED WITH O6-2187)
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11/14/2006
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APPENDIX
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PT Deborah Chames BY: PT Jay M. Levy 219754
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(O&7)
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11/14/2006
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MOTION-BRIEF AMENDMENT
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PT Deborah Chames BY: PT Jay M. Levy 219754
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FOR AMD INIT BRIEF, AMD MOT-FEES, & AMD REQUEST-OA
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11/15/2006
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MOTION-STAY (PROCEEDINGS BELOW)
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RS Henry Demayo BY: RS Sophie Demayo 267155
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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)
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11/16/2006
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ORDER-BRIEF AMENDMENT GR
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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.
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11/16/2006
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SUPPLEMENT
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RS Henry Demayo BY: RS Sophie Demayo 267155
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TO EMERGENCY MOTION FOR STAY OF MANDATE IN ORDER TO PREVENT SEZISURE OF APPELLATE BOND W/ATTACHMENTS (11/21/2006: WITHDRAWN)
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11/17/2006
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MOTION-EXT OF TIME (ANSWER BRIEF-MERITS)
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RS Henry Demayo BY: RS Sophie Demayo 267155
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11/20/2006
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ORDER-AMICUS CURIAE GR
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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).
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11/21/2006
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NOTICE-WITHDRAWAL
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RS Henry Demayo BY: RS Sophie Demayo 267155
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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
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11/22/2006
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RESPONSE
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PT Deborah Chames BY: PT Jonathan A. Heller 340881
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FILED AS "PETITIONER'S CERTIFICATE OF NON-OBJECTION TO RESPONDENT'S REQUEST FOR ENLARGEMENT OF TIME IN WHICH TO FILE ANSWER BRIEF"
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11/22/2006
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RESPONSE
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PT Deborah Chames BY: PT Jonathan A. Heller 340881
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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)
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12/04/2006
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ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS)
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GRANT TO 01/15/2007, NFE
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01/18/2007
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AMICUS CURIAE ANSWER BRIEF-MERITS
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MR Real Property, Probate & Trust Of The Fl Bar BY: MR Robert W. Goldman 339180
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(O&7 & E-MAIL)
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01/22/2007
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AMICUS CURIAE ANSWER BRIEF-MERITS
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MR Attorney General Of Florida BY: MR Lynn C. Hearn 123633
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(O&7 & E-MAIL)
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01/22/2007
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ANSWER BRIEF-MERITS
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RS Henry Demayo BY: RS Sophie Demayo 267155
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(O&9 & E-MAIL) (3 DAYS LATE)
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01/22/2007
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AMICUS CURIAE ANSWER BRIEF-MERITS
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MR Business Law Section Of The Florida Bar FB BY: MR Ilyse M. Homer 826316
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O&7 & E-MAIL
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01/22/2007
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MOTION-ACCEPTANCE AS TIMELY FILED (BRIEF)
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RS Henry Demayo BY: RS Sophie Demayo 267155
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(O&1)
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01/22/2007
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APPENDIX
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RS Henry Demayo BY: RS Sophie Demayo 267155
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(O&9) (DOES NOT CONTAIN A COPY OF DCA DECISION)
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01/23/2007
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MOTION-OTHER SUBSTANTIVE
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MR State Of Florida state1 BY: MR Louis F. Hubener, Iii 140084
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FILED AS: "ATTORNEY GENERAL'S MOTION TO PARTICIPATE IN ORAL ARGUMENT AND FOR EXPANDED ORAL ARGUMENT"
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01/25/2007
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ORDER-APPENDIX STRICKEN
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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.
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01/25/2007
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ORDER-ACCEPTANCE AS TIMELY FILED GR (BRIEF)
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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.
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01/25/2007
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ORDER-OTHER SUBSTANTIVE DY
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Attorney General's Motion to Participate in Oral Argument and for Expanded Oral Argument is hereby denied.
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02/06/2007
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APPENDIX (AMENDED)
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RS Henry Demayo BY: RS Sophie Demayo 267155
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O&7
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02/12/2007
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ORDER-OA SCHED (PREV ACCEPTED)
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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.
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02/12/2007
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ORAL ARGUMENT CALENDAR
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02/12/2007
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MOTION-EXT OF TIME (REPLY BRIEF-MERITS)
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PT Deborah Chames BY: PT Jay M. Levy 219754
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02/13/2007
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ORDER-EXT OF TIME GR (REPLY BRIEF-MERITS)
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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.
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02/16/2007
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CERTIFICATE OF SERVICE (AMD)
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PT Deborah Chames BY: PT Jay M. Levy 219754 FOR MOTION FOR EXTENSION OF TIME (RELPY BRIEF)
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02/27/2007
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MOTION-EXT OF TIME (REPLY BRIEF-MERITS)
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PT Deborah Chames BY: PT Jay M. Levy 219754
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02/28/2007
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ORDER-EXT OF TIME GR (REPLY BRIEF-MERITS)
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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.
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03/12/2007
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REPLY BRIEF-MERITS
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PT Deborah Chames BY: PT Jonathan A. Heller 340881
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O&7 & E-MAIL
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03/12/2007
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MOTION-ACCEPTANCE AS TIMELY FILED (BRIEF)
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PT Deborah Chames BY: PT Jay M. Levy 219754
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03/13/2007
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ORDER-ACCEPTANCE AS TIMELY FILED GR (BRIEF)
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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.
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08/31/2007
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MOTION-REHEARING ON MISC ORDER
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MR State Of Florida state1 BY: MR Hon. Scott Douglas Makar, Judge 709697
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DATED 01/25/2007 (FILED AS "MOTION FOR CLARIFICATION REGARDING PARTICIPATION IN ORAL ARGUMENT") (DID NOT SERVE ATTY. JAY LEVY)
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08/31/2007
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NOTICE-APPEARANCE
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MR State Of Florida state1 BY: MR Hon. Scott Douglas Makar, Judge 709697
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08/31/2007
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MOTION-ATTORNEYS FEES
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RS Henry Demayo BY: RS Sophie Demayo 267155
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09/07/2007
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ORDER-OTHER SUBSTANTIVE DY
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Attorney General's Motion for Clarification Regarding Participation in Oral Argument is hereby denied.
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09/07/2007
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RESPONSE
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PT Deborah Chames BY: PT Jay M. Levy 219754
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TO ATTORNEY GENERAL'S MOTION FOR CLARIFICATION REGARDING PARTICIPATION AT ORAL ARGUMENT
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09/19/2007
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ORAL ARGUMENT HELD
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12/20/2007
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DISP-APPROVED
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We therefore apply the doctrine of stare decisis and reaffirm our holdings in Carter and Sherbill. The decision below is approved.
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12/27/2007
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MAIL RETURNED
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JENNA LEE REYNOLDS - 12/20/2007 OPINION (NO LONGER WITH AG'S OFFICE - PLACED WITH FILE)
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01/10/2008
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MAIL RETURNED
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ROBERT N. SCOLA, JR., JUDGE - 12/20/2007 OOPINION (01/11/2008 - REMAILED TO CORRECT ADDRESS)
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01/11/2008
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MANDATE
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CC: COUNSEL
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01/11/2008
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RECORD/TRANSCRIPT RETURNED
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Mary Cay Blanks BY: Mary Cay Blanks
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5 VOLUMES OF RECORD, 1 VOLUME OF EXHIBITS (SHARED WITH O6-2187)
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01/14/2008
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MOTION-REHEARING
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RS Henry Demayo BY: RS Sophie Demayo 267155
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FILED AS "MOTION FOR CLARIFICATION OF OPINION PURSUANT TO RULE 9.330" (O&5) (RC)
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01/16/2008
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DISP-REHEARING/REINST STRICKEN (UNTIMELY)
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The Motion for Rehearing filed by Henry Demayo is hereby stricken as untimely. (RC)
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02/11/2008
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ORDER-ATTY FEES DY (J/M/O)
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Petitioners' motion for attorneys' fees is hereby denied.
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02/26/2008
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ARCHIVES
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1 FILE
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06/20/2008
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ORDER-ATTY FEES GR (AMT BY TR CT - M/O)
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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).
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07/07/2008
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MOTION-REHEARING ON MISC ORDER
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PT Deborah Chames BY: PT Jay M. Levy 219754
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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 )
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07/28/2008
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RESPONSE
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RS Henry Demayo BY: RS Sophie Demayo 267155
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FILED AS "RESPONDENT'S ANSWER TO PETITIONER'S MOTION FOR REHEARING OF ORDER GRANTING ATTORNEY'S FEES"
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09/16/2008
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ORDER-OTHER SUBSTANTIVE DY
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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.
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