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Doc. Date Docketed Description Filed by Notes
11/20/2006 NOTICE-DISCRETIONARY JURIS (CERT DIRECT CONFLICT) PT Ray C. Balthazar BY: PT John F. Cotrone 827762
12/01/2006 No Fee - Insolvent INSOLVENT BELOW
12/13/2006 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 January 8, 2007; 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 Fourth District Court of Appeal shall file the original record which shall be properly indexed and paginated on or before February 12, 2007 . The record shall include the briefs filed in the district court separately indexed.
12/15/2006 INITIAL BRIEF-MERITS PT Ray C. Balthazar BY: PT John F. Cotrone 827762 (O&7) (FOOTNOTES WRONG SIZE FONT) (NO APPENDIX)
12/18/2006 ORDER-BRIEF STRICKEN (NON-COMPLIANCE) Petitioner's merits brief, which was filed with this Court on December 15, 2006, does not comply with Florida Rules of Appellate Procedure 9.120(f) and 9.210 and is hereby stricken. Petitioner is hereby directed, on or before January 8, 2007, to serve an original and seven copies of an amended brief in which the footnotes are the same size type, with the same spacing between characters, as the text of the brief. The amended brief shall be accompanied by an appendix that must include a conformed copy of the decision ot the district court of appeal.
12/26/2006 RECORD/TRANSCRIPT Hon. Marilyn Nemzura Beuttenmuller, Clerk BY: Hon. Marilyn Nemzura Beuttenmuller, Clerk 1 VOLUME OF BRIEFS; 1 VOLUME OF RECORD (VOLUME 3 ONLY); AND 1 SUPP. VOLUME OF RECORD
12/29/2006 INITIAL AMD BRIEF-MERITS PT Ray C. Balthazar BY: PT John F. Cotrone 827762 (O&7) (NO E-MAIL) (WRONG CASE NUMBER ON COVER PAGE, BRIEF IS NOT DOUBLE SPACED)
12/29/2006 APPENDIX PT Ray C. Balthazar BY: PT John F. Cotrone 827762 (O&7)
12/29/2006 ORDER-BRIEF STRICKEN (NON-COMPLIANCE) Petitioner's amended merits brief, which was filed with this Court on December 29, 2006, does not comply with Florida Rule of Appellate Procedure 9.210 and is hereby stricken. Petitioner is hereby directed, on or before January 19, 2007, to serve an original and seven copies of an amended brief which is double spaced.
01/16/2007 INITIAL AMD BRIEF-MERITS PT Ray C. Balthazar BY: PT John F. Cotrone 827762 (O&7) (E-MAIL RCVD 01/23/07) (CERT OF SERVICE IS NOT DATED CORRECTLY)
01/19/2007 CERTIFICATE OF SERVICE (AMD) PT Ray C. Balthazar BY: PT John F. Cotrone 827762 FOR INITIAL BRIEF
02/12/2007 MOTION-EXT OF TIME (ANSWER BRIEF-MERITS) RS State Of Florida state1 BY: RS Monique E. L'Italien 458198 FILED AS "MOTION FOR EXTENSION OF TIME TO SERVE RESPONDENT'S MERITS BRIEF" (NOT SIGNED "/S/" ONLY); 02/22/2007 - SIGNED ORIGINAL FILED
02/12/2007 MOTION-TOLL TIME RS State Of Florida state1 BY: RS Monique E. L'Italien 458198 02/22/2007 - SIGNED ORIGINAL FILED
02/23/2007 ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS) Respondent's motion for extension of time is granted and respondent is allowed to and including March 26, 2007, in which to serve the answer brief on the merits. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO RESPONDENT FOR THE FILING OF THE ANSWER BRIEF ON THE MERITS. All other times will be extended accordingly.
03/29/2007 ANSWER BRIEF-MERITS RS State Of Florida state1 BY: RS Monique E. L'Italien 458198 W/APPENDIX (O&7 & E-MAIL)
05/02/2007 LETTER PT Ray C. Balthazar BY: PT John F. Cotrone 827762 DATED 04/27/2007, ADVISING COURT WILL NOT BE FILING A REPLY BRIEF
05/15/2007 ORDER-OA SCHED/JURIS ACCEPTED TO VIEW ORDER SEE SC06-2235.
05/15/2007 ORAL ARGUMENT CALENDAR
10/02/2007 NOTICE-APPEARANCE RS State Of Florida state1 BY: RS Mitchell A. Egber 35619
10/09/2007 ORAL ARGUMENT HELD
10/25/2007 RECORD/TRANSCRIPT Hon. Marilyn Nemzura Beuttenmuller, Clerk BY: Hon. Marilyn Nemzura Beuttenmuller, Clerk (19 VOLUMES OF RECORD - CONSISTING OF VOLUMES 1 THRU 2 & 4 THRU 20; AND 1 VOLUME OF TRANSCRIPT) (1 BOX)
04/10/2008 DISP-APPROVED We approve the decision of the Fourth District in Garzon and hold that the use of the "and/or" conjunctive phrase in this case was not fundamental error. We disapprove Davis, Cabrera, and Zeno to the extent that they are inconsistent with this opinion.
05/06/2008 RECORD/TRANSCRIPT RETURNED Hon. Marilyn Nemzura Beuttenmuller, Clerk BY: Hon. Marilyn Nemzura Beuttenmuller, Clerk 1 VOLUME OF BRIEFS; 1 VOLUME OF RECORD (VOLUME 3 ONLY); AND 1 SUPP. VOLUME OF RECORD; 1 BOX CONTAINING 19 VOLUMES OF RECORD
05/06/2008 MANDATE CC: COUNSEL
05/28/2008 ARCHIVES File