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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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05/29/2007
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NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT)
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PT Thomas Elwell BY: PT James Cameron Banks 281670
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05/29/2007
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JURIS INITIAL BRIEF
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PT Thomas Elwell BY: PT James Cameron Banks 281670
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RECEIVED 05/23/07 (W/APPENDIX) (O&5) (E-MAIL REQUESTED); 06/25/2007: RECV'D E-MAIL OF BRIEF (09/27/2007; REQ'D CORRECT E-FILED VERSION OF BRF) (10/05/2007: WORDPERECT VERSION E-MAILED) (REQ'D WORD) (10/08/2007; RECV'D E-MAIL IN WORD BUT WAS SENT W/ MULTIPLE ATTACHMENTS) (10/11/2007: REQ'D TO E-MAIL WITH ONLY ONE ATTACHMENT) (10/11/2007: E-MAIL RECV'D)
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06/05/2007
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No Fee - Insolvent
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06/14/2007
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JURIS ANSWER BRIEF
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RS State Of Florida state1 BY: RS Jonathan P. Hurley 160520
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O&5 & E-MAIL
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09/14/2007
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ORDER-OA&BRIEF SCHED/JURIS ACCEPTED
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The Court accepts jurisdiction of this case and will hear oral argument at 9:00 a.m., Wednesday, March 5, 2008.
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.
Petitioner's brief on the merits shall be served on or before October 10, 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. UNLESS BRIEFS ARE TIMELY FILED, THE PRIVILEGE OF ORAL ARGUMENT WILL BE FORFEITED.
The Clerk of the Second District Court of Appeal shall file the original record which shall be properly indexed and paginated on or before November 14, 2007 . The record shall include the briefs filed in the district court separately indexed.
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09/14/2007
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ORAL ARGUMENT CALENDAR
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10/09/2007
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RECORD/TRANSCRIPT
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Hon. James Birkhold BY: Hon. James Birkhold
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3 VOLUMES OF RECORD; 2 SUPP. VOLUMES OF RECORD; 1 CONSTRUED VOLUME OF BRIEFS; AND CERTIFICATE OF THE CLERK & E-MAIL
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10/11/2007
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INITIAL BRIEF-MERITS
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PT Thomas Elwell BY: PT Robert Alexander Morris 144680
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W/APPENDIX (O&7 & E-MAIL)(1 DAY LATE)
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10/11/2007
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MOTION-EXT OF TIME (INITIAL BRIEF-MERITS)
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PT Thomas Elwell BY: PT Robert Alexander Morris 144680
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(O&5) (10/15/2007, AMENDED MOTION FILED O&5)
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10/17/2007
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ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS)
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Petitioner's Amended Motion for Extension of Time to File Initial Brief and/or Motion to File Initial Brief Out of Time is granted and petitioner's initial brief on the merits was filed with this Court on October 11, 2007.
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10/25/2007
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NOTICE-COUNS SUBSTITUTION
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RS State Of Florida state1 BY: RS Robert Jay Krauss 238538
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DIANA K. BOCK SUBSTITUTED FOR ASSIST. A.G. JOHNATHAN HURLEY AS COUNSEL FOR RESPONDENT
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11/05/2007
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MOTION-EXT OF TIME (ANSWER BRIEF-MERITS)
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RS State Of Florida state1 BY: RS Diana Kay Bock 440711
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11/05/2007
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ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS)
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Respondent's motion for extension of time is granted and respondent is allowed to and including December 13, 2007, in which to serve the answer brief on the merits.
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12/14/2007
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ANSWER BRIEF-MERITS
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RS State Of Florida state1 BY: RS Diana Kay Bock 440711
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O&7 & E-MAIL
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03/05/2008
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ORAL ARGUMENT HELD
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04/03/2008
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DISP-REV DISM IMPROVIDENTLY GRANTED (OA)
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We originally accepted jurisdiction to review the decision of the Second District Court of Appeal decision in Elwell v. State, 954 So. 2d 104 (Fla. 2d DCA 2007), based on express and direct conflict with Heuss v. State, 660 So. 2d 1052 (Fla. 4th DCA 1995), approved, 687 So. 2d 823 (Fla. 1996), and In re R.L.R., 647 So. 2d 251 (Fla. 1st DCA 1994). See art. V, § 3(b)(3), Fla. Const. After further consideration, we have determined that jurisdiction was improvidently granted. Accordingly, we hereby discharge jurisdiction, and the instant case is dismissed.
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04/28/2008
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RECORD/TRANSCRIPT RETURNED
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Hon. James Birkhold BY: Hon. James Birkhold
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3 VOLUMES OF RECORD; 2 SUPP. VOLUMES OF RECORD; 1 CONSTRUED VOLUME OF BRIEFS
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05/28/2008
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