Doc.
|
Date Docketed
|
Description
|
Filed by
|
Notes
|
|
11/06/2006
|
NOTICE-DISCRETIONARY JURIS (CERT GPI)
|
PT Henry Demayo BY: PT Sophie Demayo 267155
|
|
|
11/06/2006
|
NOTICE
|
PT Henry Demayo BY: PT Sophie Demayo 267155
|
FILED AS "NOTICE-INTENT TO INVOKE DISCRETIONARY JURISDICTION" (REC'D 09/15/2006)
|
|
11/09/2006
|
ORDER-FILING FEE DUE
|
|
The jurisdiction of this Court was invoked by the filing of a Notice to Invoke Discretionary Jurisdiction in the lower tribunal; however, said notice was not accompanied by the $300.00 filing fee as required by Florida Rules of Appellate Procedure 9.110(b) and 9.120(b). The filing fee is due and payable at the time of filing the notice. Petitioner shall immediately remit the $300.00 filing fee and failure to submit said filing fee to this Court could result in the imposition of sanctions, including dismissal of the notice. Please understand that once this case is dismissed, it is not subject to reinstatement.
|
|
11/13/2006
|
RECORD/TRANSCRIPT
|
Mary Cay Blanks BY: Mary Cay Blanks
|
FILED IN SC06-1671 (SHARED)
|
|
11/16/2006
|
Filing Fee $300
|
2006 - 1005244 Amount: $300
|
|
|
11/16/2006
|
Fee Paid in Full
|
|
|
|
11/17/2006
|
MOTION-EXT OF TIME (INITIAL BRIEF-MERITS)
|
PT Henry Demayo BY: PT Sophie Demayo 267155
|
|
|
11/21/2006
|
MOTION-STAY (PROCEEDINGS BELOW)
|
PT Henry Demayo BY: PT Sophie Demayo 267155
|
FILED AS "MOTION FOR STAY OF MANDATE IN ORDER TO PREVENT SEIZURE OF APPELLATE BOND"
|
|
11/21/2006
|
SUPPLEMENT
|
PT Henry Demayo BY: PT Sophie Demayo 267155
|
TO EMERGENCY MOTION FOR STAY OF MANDATE IN ORDER TO PREVENT SEIZURE OF APPELLATE BOND WITH ATTACHMENTS
|
|
11/22/2006
|
MOTION-DISMISS
|
RS Deborah Chames BY: RS Jonathan A. Heller 340881
|
"FILED AS RESPONDENT'S MOTION TO DISMISS APPEAL AS UNTIMELY; (O&7)
|
|
11/22/2006
|
RESPONSE
|
RS Deborah Chames BY: RS 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 DY (INITIAL BRIEF-MERITS)
|
|
Petitioner's motion for extension of time in which to serve the initial brief on the merits is hereby denied as moot. No briefing schedule has been issued in this case.
|
|
12/04/2006
|
ORDER-STAY PROCEEDINGS BELOW GR
|
|
Petitioner's Motion for Stay of Mandate in Order to Prevent Seizure of Appellate Bond filed in the above cause is granted and proceedings in the Third District Court of Appeal and in the Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County, Florida, are hereby stayed pending disposition of the petition for review filed herein.
|
|
12/05/2006
|
SUPPLEMENT
|
PT Henry Demayo BY: PT Sophie Demayo 267155
|
SECOND SUPPLEMENT TO EMERGENCY MOTION FOR STAY OF MANDATE IN ORDER TO PREVENT SEIZURE OF APPELLATE BOND WITH ATTACHMENTS
|
|
12/05/2006
|
RESPONSE
|
PT Henry Demayo BY: PT Sophie Demayo 267155
|
TO MOTION TO DISMISS
|
|
12/18/2006
|
MAIL RETURNED
|
|
Hon. Robert N. Scola, Jr., Judge BY: JU Hon. Robert N. Scola, Jr., Judge (RE-SENT TO UPDATED ADDRESS)
|
|
01/12/2007
|
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 February 6, 2007; 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 March 12, 2007. The record shall include the briefs filed in the district court separately indexed.
|
|
02/01/2007
|
MOTION-EXT OF TIME (INITIAL BRIEF-MERITS)
|
PT Henry Demayo BY: PT Sophie Demayo 267155
|
|
|
02/02/2007
|
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 15, 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.
|
|
02/05/2007
|
SUPPLEMENT
|
PT Henry Demayo BY: PT Sophie Demayo 267155
|
TO MOTION FOR EXTENSION OF TIME - FILED AS: "AUTHORIZED RESPONSE OF RESPONDENT DEBORAH CHAMES, ET AL. TO PETITIONER'S MOTION FOR ENLARGEMENT OF TIME TO FILE INITIAL BRIEF"
|
|
02/12/2007
|
ORDER-OA SCHED (PREV ACCEPTED)
|
|
TO VIEW ORDER SEE SC06-1671.
|
|
02/12/2007
|
ORDER-OTHER SUBSTANTIVE DY
|
|
Respondent's motion to dismiss appeal as untimely is hereby denied.
|
|
02/12/2007
|
ORAL ARGUMENT CALENDAR
|
|
|
|
02/15/2007
|
MOTION-EXT OF TIME (INITIAL BRIEF-MERITS)
|
PT Henry Demayo BY: PT Sophie Demayo 267155
|
|
|
02/16/2007
|
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 19, 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.
|
|
02/22/2007
|
INITIAL BRIEF-MERITS
|
PT Henry Demayo BY: PT Sophie Demayo 267155
|
(O&9 & E-MAIL)(CONCLUSION TOO LONG) - **BRIEF STRICKEN**
|
|
02/22/2007
|
APPENDIX
|
PT Henry Demayo BY: PT Sophie Demayo 267155
|
(O&9)
|
|
02/26/2007
|
MOTION-ACCEPTANCE AS TIMELY FILED (BRIEF)
|
PT Henry Demayo BY: PT Sophie Demayo 267155
|
FILED AS "PETITIONER'S MOTION TO ACCEPT INITIAL BRIEF ONE DAY OUT OF TIME"
|
|
02/28/2007
|
ORDER-ACCEPTANCE AS TIMELY FILED GR (BRIEF)
|
|
Petitioner's motion to accept brief as timely filed is granted and petitioner's initial brief on the merits was filed with this Court on February 22, 2007. In the future, counsel should file a motion for extension of time prior to the due date to avoid possible sanctions. Petitioner's initial brief, which was filed with this Court on February 22, 2007, does not comply with Florida Rule of Appellate Procedure 9.210 and is hereby stricken. Petitioner is hereby directed, on or before March 20, 2007, to serve an original and seven copies of an amended initial brief which contains a conclusion not more than one page in length. The brief shall be double-spaced with exception to footnotes and quotations which may be single spaced and shall be in the same size type as the brief. The certificate of compliance should immediately follow the certificate of service.
|
|
03/16/2007
|
INITIAL AMD BRIEF-MERITS
|
PT Henry Demayo BY: PT Sophie Demayo 267155
|
O&7 & E-MAIL (CERT OF SERVICE INCORRECT)
|
|
04/12/2007
|
MOTION-STRIKE
|
RS Deborah Chames BY: RS Jay M. Levy 219754
|
FILED AS "MOTION TO STRIKE INITIAL BRIEF OF PETITIONER AND FOR A TEN DAY EXTENSION OF TIME UNTIL COURT RULES UPON MOTION"; SEE 05/23/2007 ORDER GRANTING EXTENSION.
|
|
05/15/2007
|
CERTIFICATE OF SERVICE (AMD)
|
|
PT Henry Demayo BY: PT Sophie Demayo 267155 FOR INITIAL AMENDED BRIEF
|
|
05/15/2007
|
MOTION-EXT OF TIME (RESPONSE)
|
PT Henry Demayo BY: PT Sophie Demayo 267155
|
FILED AS "MOTION TO RESPOND OUT OF TIME TO RESPONDENT'S PLEADINGS INCLUDING THEIR MOTION TO STRIKE NUNC PRO TUNC"
|
|
05/23/2007
|
ORDER-EXT OF TIME GR (RESPONSE)
|
|
Petitioner's Motion to Respond Out of Time to Respondents' Pleadings Including Their Motion to Strike Nunc Pro Tunc is granted and petitioner is allowed to and including June 4, 2007, in which to serve its response to respondents' motion to strike. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO PETITIONER FOR SERVING THE RESPONSE. All other times are extended accordingly.
|
|
05/23/2007
|
ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS)
|
|
On consideration of Respondents' Motion to Strike Initial Brief of Petitioner and for a Ten Day Extension of Time Until Court Rules Upon Motion, it is ordered that Respondents' answer brief on the merits shall be served ten days after ruling on respondents' motion to strike initial brief of petitioner.
|
|
06/05/2007
|
RESPONSE
|
PT Henry Demayo BY: PT Sophie Demayo 267155
|
TO "RESPONDENT'S MOTION TO STRIKE INITIAL BRIEF OF PET
|
|
06/05/2007
|
CERTIFICATE OF SERVICE (AMD)
|
|
PT Henry Demayo BY: PT Sophie Demayo 267155 FOR INITIAL BRIEF AS AMENDED
|
|
06/11/2007
|
ORDER-STRIKE DY
|
|
On consideration of Respondent's Motion to Strike Initial Brief of Petitioner and for a Ten Day Extension of Time Until Court Rules Upon Motion, it is ordered that the Motion to Strike Initial Brief of Petitioner is hereby denied.
Per this Court's Order dated May 23, 2007, respondents' answer brief on the merits shall be served ten days after ruling on respondents' motion to strike initial brief of petitioner.
|
|
06/22/2007
|
MOTION-EXT OF TIME (ANSWER BRIEF-MERITS)
|
RS Deborah Chames BY: RS Jay M. Levy 219754
|
|
|
07/11/2007
|
ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS)
|
|
Respondent's motion for extension of time is granted and respondent is allowed to and including July 16, 2007, in which to serve the answer brief on the merits.
|
|
07/19/2007
|
ANSWER BRIEF-MERITS
|
RS Deborah Chames BY: RS Jay M. Levy 219754
|
O&7 & E-MAIL (SERVED 2 DAYS LATE)
|
|
07/19/2007
|
MOTION-ACCEPTANCE AS TIMELY FILED (BRIEF)
|
RS Deborah Chames BY: RS Jay M. Levy 219754
|
FILED AS "MOTION TO ACCEPT RESPONDENTS' ANSWER BRIEF FILED OUT OF TIME"
|
|
07/23/2007
|
ORDER-ACCEPTANCE AS TIMELY FILED GR (BRIEF)
|
|
Respondent's motion to accept brief as timely filed is granted and respondent's answer brief was filed with this Court on July 19, 2007.
|
|
08/20/2007
|
MOTION-EXT OF TIME (REPLY BRIEF-MERITS)
|
PT Henry Demayo BY: PT Sophie Demayo 267155
|
|
|
08/21/2007
|
ORDER-EXT OF TIME GR (REPLY BRIEF-MERITS)
|
|
Petitioner's motion for extension of time is granted and petitioner is allowed only to and including August 31, 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 AND IF THE REPLY BRIEF IS NOT RECEIVED BY THEN, THE CASE WILL BE CONSIDERED WITHOUT THE BENEFIT OF A REPLY BRIEF.
|
|
08/31/2007
|
REPLY BRIEF-MERITS
|
PT Henry Demayo BY: PT Sophie Demayo 267155
|
(O&7 & E-MAIL)
|
|
08/31/2007
|
MOTION-ATTORNEYS FEES
|
PT Henry Demayo BY: PT Sophie Demayo 267155
|
O&7
|
|
09/04/2007
|
APPENDIX
|
PT Henry Demayo BY: PT Sophie Demayo 267155
|
TO PETITIONER'S REPLY BRIEF (O&7)
|
|
09/07/2007
|
RESPONSE
|
RS Deborah Chames BY: RS Jay M. Levy 219754
|
TO MOTION FOR ATTORNEY'S FEES (O&7)
|
|
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.
|
|
01/11/2008
|
RECORD/TRANSCRIPT RETURNED
|
Mary Cay Blanks BY: Mary Cay Blanks
|
5 VOLUMES OF RECORD, 1 VOLUME OF EXHIBITS (SHARED WITH O6-1671)
|
|
01/11/2008
|
MANDATE
|
|
CC: COUNSEL
|
|
01/14/2008
|
MOTION-REHEARING
|
PT Henry Demayo BY: PT 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. (SEE SC06-1671 TO VIEW ORDER) (RC)
|
|
02/11/2008
|
ORDER-ATTY FEES GR & REMANDED (COND Need Ability - M/O)
|
|
Petitioner's motion for attorney's fees is provisionally granted and is remanded to the trial court for a fee award appropriate in light of the parties' respective financial need and ability to pay. ***VACATED, SEE ORDER DATED 06/20/08***
|
|
02/25/2008
|
MOTION-REHEARING ON MISC ORDER
|
RS Deborah Chames BY: RS Jay M. Levy 219754
|
(TO VACATE THIS COURT'S 02/11/2008 ORDER) (O&7)
|
|
02/26/2008
|
ARCHIVES
|
|
1 FILE
|
|
02/27/2008
|
NOTICE
|
RS Deborah Chames BY: RS Jonathan A. Heller 340881
|
FILED AS "RESPONDENTS' NOTICE OF WITHDRAWAL OF REHEARING ARGUMENT ASSERTING THE COURT'S LACK OF JURISDICITON' ONLY. (O&7)
|
|
04/17/2008
|
RESPONSE
|
PT Henry Demayo BY: PT Sophie Demayo 267155
|
TO RESPONDENT'S' MOTION FOR REHEARING OF ORDER PROVISIONALLY GRANTING PETITIONER'S MOTION FOR ATTORNEY'S FEES
|
|
06/20/2008
|
ORDER-ATTY FEES DY (J/M/O)
|
|
Respondent's "Motion for Rehearing of Order Provisionally Granting Petitioner's Motion for Attorney's Fees" is hereby granted and this Court's order dated Februrary 11, 2008, is hereby vacated. Petitioner's motion for attorney's fees is hereby denied.
|