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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.