|
Doc.
|
Date Docketed
|
Description
|
Filed by
|
Notes
|
|
11/01/2006
|
NOTICE-DISCRETIONARY JURIS (CERT DIRECT CONFLICT)
|
PT Joe Anderson, Jr. BY: PT Bruce S. Rogow 67999
|
|
|
11/06/2006
|
Filing Fee $300
|
2006 - 1005165 Amount: $300
|
|
|
11/06/2006
|
Fee Paid In Full - $300
|
|
|
|
11/06/2006
|
ORDER-BRIEF SCHED (CERTIFIED)
|
|
The Court has postponed its decision on jurisdiction. Petitioner's initial brief on the merits shall be served on or before December 1, 2006; respondent's answer 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.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 transmit a copy of all briefs in an electronic format as required by the provisions of that order.The Clerk of the First District Court of Appeal shall file the original record which shall be properly indexed and paginated on or before January 5, 2007. The record shall include the briefs filed in the district court separately indexed.
|
|
11/17/2006
|
MOTION-EXT OF TIME (INITIAL BRIEF-MERITS)
|
PT Joe Anderson, Jr. BY: PT Bruce S. Rogow 67999
|
|
|
11/20/2006
|
ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS)
|
|
Petitioner's motion for extension of time is granted and petitioner is allowed to and including December 22, 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.
|
|
12/11/2006
|
MOTION-COUNS PRO HAC VICE (FOREIGN COUNSEL)
|
RS Robert C. Bernius BY: RS Robert C. Bernius
|
|
|
12/12/2006
|
ORDER-COUNSEL PRO HAC VICE DY (FOREIGN COUNSEL)
|
|
Robert C. Bernius' motion for leave to appear pro hac vice, which was filed with this Court on December 11, 2006, does not comply with Florida Rule of Judicial Administration 2.510 and is hereby denied without prejudice to re-file in compliance with said rule. The required contents of the verified motion and the verified form for the motion are contained in rule 2.510. Counsel is expected to include all components in the amended motion and is further expected to answer all questions as set forth in said rule (with the exception of the social security number).
|
|
12/21/2006
|
MOTION-EXT OF TIME (ANSWER BRIEF-MERITS)
|
RS Gannett Co., Inc. BY: RS Dennis K. Larry 200549
|
|
|
|
12/22/2006
|
INITIAL BRIEF-MERITS
|
PT Joe Anderson, Jr. BY: PT Bruce S. Rogow 67999
|
W/APPEDIX (O&7 & E-MAIL)
|
|
12/22/2006
|
REQUEST-ORAL ARGUMENT
|
PT Joe Anderson, Jr. BY: PT Bruce S. Rogow 67999
|
(O&2)
|
|
12/27/2006
|
ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS)
|
|
Respondents' motion for extension of time is granted and respondents are allowed to and including February 5, 2007, in which to serve the answer brief on the merits. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO RESPONDENTS FOR THE FILING OF THE ANSWER BRIEF ON THE MERITS. All other times will be extended accordingly.
|
|
12/27/2006
|
MOTION-AMICUS CURIAE
|
MR Florida Media Organizations BY: MR Rachel E. Fugate 144029
|
|
|
12/28/2006
|
ORDER-AMICUS CURIAE GR
|
|
The motion for leave to file brief as amicus curiae filed by Florida Media Organization is hereby granted and they are allowed to file brief only in support of respondents. The brief by the above referenced amicus curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
|
|
12/29/2006
|
MOTION-COUNS PRO HAC VICE AMD (FOREIGN COUNS)
|
RS Robert C. Bernius BY: RS Robert C. Bernius
|
|
|
01/08/2007
|
RECORD/TRANSCRIPT
|
Jon S. Wheeler BY: Jon S. Wheeler
|
1 BOX CONTAINING BRIEFS & CC PAPERS, 4 BOXES CONTAINING 55 VOLUMES OF RECORD)
|
|
01/08/2007
|
ORDER-COUNSEL PRO HAC VICE GR (FOREIGN COUNSEL)
|
|
The motion to appear pro hac vice filed in the above cause by Robert C. Bernius, on behalf of respondents, is hereby granted contingent upon counsel's payment of the $100.00 fee required by section 25.241(3), Florida Statutes (2004), within ten days from the date of this order. FAILURE TO TIMELY COMPLY WITH THE PAYMENT REQUIREMENT COULD RESULT IN THIS ORDER BEING VACATED AND THE MOTION BEING DENIED.
|
|
01/09/2007
|
NOTICE-ADDRESS CHANGE
|
MR Florida Media Organizations BY: MR Gregg Darrow Thomas 223913
|
|
|
01/12/2007
|
FEE PAID-PRO HAC VICE
|
|
for ROBERT C. BERNIUS (#R2007-1005640)
|
|
01/12/2007
|
Pro Hac Vice
|
2007 - 1005640 Amount: $100
|
For ROBERT C. BERNIUS
|
|
01/12/2007
|
LETTER
|
RS Gannett Co., Inc. BY: RS Robert C. Bernius
|
DATED 01/10/07 - RE: PMT OF PRO HAC VICE FEE
|
|
02/01/2007
|
NOTICE-ADDRESS CHANGE
|
David M. Snyder 366528 BY: David M. Snyder 366528
|
AND FACSIMILE NUMBER
|
|
|
02/05/2007
|
ANSWER BRIEF-MERITS
|
RS Gannett Co., Inc. BY: RS Donald H. Partington 105455
|
W/APPENDIX (O&7 & E-MAIL)
|
|
02/05/2007
|
MOTION-AMICUS CURIAE
|
MR First Amendment Foundation, Inc. BY: MR Jonathan Dennis Kaney, Iii 23426
|
(E-MAIL)
|
|
02/05/2007
|
AMICUS CURIAE ANSWER BRIEF-MERITS
|
MR First Amendment Foundation, Inc. BY: MR Jonathan Dennis Kaney, Iii 23426
|
O&7 & E-MAIL
|
|
02/08/2007
|
ORDER-AMICUS CURIAE GR
|
|
The motion for leave to file brief as amicus curiae filed by First Amendment 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 February 5, 2007.
|
|
02/08/2007
|
MOTION-AMICUS CURIAE
|
MR Florida Media Organizations BY: MR Gregg Darrow Thomas 223913
|
FILED AS "MOTION OF ADDITIONAL AMICI FOR LEAVE TO JOIN MEDIA ORGANIZATIONS' AMICUS CURIAE BRIEF" (2/12/07 - AMENDED MOTION FILED) (2/15/07 SECOND AMENDED MOTION FILED)
|
|
02/09/2007
|
CERTIFICATE OF SERVICE (AMD)
|
|
RS Gannett Co., Inc. BY: RS Donald H. Partington 105455
|
|
02/09/2007
|
AMICUS CURIAE ANSWER BRIEF-MERITS
|
MR Florida Media Organizations BY: MR Gregg Darrow Thomas 223913
|
W/ APPENDIX (O&7 & E-MAIL) **BRIEF STRICKEN - SEE 03/13/2007 ORDER**
|
|
|
02/12/2007
|
AMICUS CURIAE ANSWER AMD BRIEF-MERITS
|
MR Florida Media Organizations BY: MR Gregg Darrow Thomas 223913
|
W/APPENDIX (O&7 & E-MAIL)
|
|
02/27/2007
|
MOTION-EXT OF TIME (REPLY BRIEF-MERITS)
|
PT Joe Anderson, Jr. BY: PT Bruce S. Rogow 67999
|
O&1
|
|
02/28/2007
|
MOTION-BRIEF AMENDMENT
|
MR Florida Media Organizations BY: MR Gregg Darrow Thomas 223913
|
|
|
03/02/2007
|
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 19, 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.
|
|
|
03/05/2007
|
ORDER-HIGH PROFILE
|
|
|
|
|
03/12/2007
|
ORDER-AMICUS CURIAE GR
|
|
The Second Amended Motion of Additional Amici for Leave to Join Florida Media Organizations' Amicus Curiae Brief, filed by ABC, Inc., ESPN, Inc., the E.W. Scripps Company, the Association of American Publishers, and Cox Enterprises, Inc. is hereby granted. The motion filed by the above referenced Additional Amici filed on February 8, 2007, and the amended motion filed on February 12, 2007, are hereby denied as moot.
|
|
03/13/2007
|
ORDER-BRIEF AMENDMENT GR
|
|
The Motion of Media Amici for Leave to File Amended Brief of Amici Curiae in Support of Respondents filed by Florida Media Organizations is granted and said amended brief was filed with this Court on February 12, 2007. The amicus brief filed with this Court on February 9, 2007, is hereby stricken.
|
|
03/14/2007
|
CERTIFICATE OF SERVICE (AMD)
|
|
MR Florida Media Organizations BY: MR Gregg D. Thomas 223913 BRIEF AND MOTION FOR AMICI
|
|
|
03/20/2007
|
REPLY BRIEF-MERITS
|
PT Joe Anderson, Jr. BY: PT Bruce S. Rogow 67999
|
O&8 & E-MAIL (CERT OF SERVICE DOES NOT INCLUDE COUNSEL FOR FLORIDA MEDIA ORG.)
|
|
03/23/2007
|
CERTIFICATE OF SERVICE (AMD)
|
|
PT Joe Anderson, Jr. BY: PT Bruce S. Rogow 67999 Hon. Ernie Lee Magaha, Clerk ESCAMBI BY: CC Hon. Ernie Lee Magaha, Clerk ESCAMBI - FOR REPLY BRIEF (O&8)
|
|
04/20/2007
|
ORDER-OA SCHED/JURIS ACCEPTED
|
|
The Court accepts jurisdiction of this case and will hear oral argument at 9:00 a.m., Wednesday, October 10, 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.
|
|
07/09/2007
|
NOTICE-ADDRESS CHANGE
|
MR Florida Media Organizations BY: MR James Mcguire 187798
|
|
|
09/26/2007
|
ORAL ARGUMENT CALENDAR
|
|
|
|
09/26/2007
|
ORDER-ORAL ARGUMENT RESCHEDULE
|
|
On April 13, 2007, the Court entered an order sua sponte staying the proceedings in Jews for Jesus, Inc. v. Edith Rapp, Case No. SC06-2491, pending disposition of Joe Anderson, Jr. v. Gannett Company, Inc., et al., Case No. SC06-2174. On April 20, 2007, the Court accepted jurisdiction of Anderson and set oral argument for October 10, 2007. The Court, having re-examined the opinions of the district court of appeals in both cases and the certified questions in both cases, as well as all of the briefs filed in Anderson v. Gannett, has determined that the disposition of Anderson will not necessarily be dispositive of Jews for Jesus because the question certified in Anderson and addressed in the briefs focuses on the applicable statute of limitations for a cause of action for false light whereas the opinion in Jews for Jesus and the question certified in that case focuses on whether a cause of action for false light is or should be recognized in Florida. Accordingly, the Court has determined that it will benefit from obtaining briefing in Jews for Jesus and hearing both Anderson and Jews for Jesus during the same oral argument calendar. Accordingly, it is hereby ordered that:
1. The Court lifts the stay in Jews for Jesus v. Rapp, accepts jurisdiction of this case and orders briefing based on the following briefing schedule: Petitioner's brief on the merits shall be served on or before October 22, 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.
2. The Court removes the case of Anderson v. Gannett from the oral argument calendar for October 10, 2007, reschedules this case for oral argument on Thursday, March 6, 2008, and also schedules oral argument for Jews for Jesus on the same date. A maximum of twenty minutes to the side is allowed for each argument, but counsel is expected to use only so much of that time as is necessary.
The Clerk of the Fourth District Court of Appeal shall file the original record for Jews for Jesus, Inc., v. Edith Rapp, Case No. SC06-2491, which shall be properly indexed and paginated on or before November 26, 2007.
|
|
03/06/2008
|
ORAL ARGUMENT HELD
|
|
|
|
|
10/23/2008
|
DISP-APPROVED IN RESULT
|
|
Because we decided false light was not a viable cause of action in this state, it is not necessary for us to resolve the issue of what would be the applicable statute of limitations and whether any exceptions would apply if the defamation and false light causes of action arose from the same set of facts. We thus decline to answer the certified question. We approve the result of the First District's decision in Anderson, but not the reasoning to the extent it recognized that a cause of action for false light existed. Because Heekin also assumed the existence of a cause of action and discussed the elements, we disapprove of the Second District's decision in Heekin on that basis.
|
|
11/14/2008
|
MANDATE
|
|
CC: COUNSEL
|
|
02/06/2009
|
ARCHIVES
|
|
file
|
