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Doc. Date Docketed Description Filed by Notes
01/22/2007 NOTICE-DISCRETIONARY JURIS (CERT DIRECT CONFLICT) PT Sandra Frosti BY: PT William Capito 522783
01/25/2007 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 or an order of insolvency from the district court of appeal 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 is allowed to and including February 26, 2007, in which to submit the filing fee or an order of insolvency. Failure to submit either of the above referenced documents 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.
01/25/2007 ORDER-DISTRICT COURT OF APPEAL CORRECTED DCA OPINION DATED 12/20/2006
01/31/2007 JURIS INITIAL BRIEF PT Sandra Frosti BY: PT William Capito 522783 W/APPENDIX (O&5 & E-MAIL)
02/05/2007 MOTION-STRIKE RS La Verne Creel BY: RS Scot E. Samis 651753 (O&7) (02/26/2007: WITHDRAWN)
02/15/2007 Filing Fee $300 2007 - 1005861 Amount: $300
02/15/2007 Fee Paid in Full
02/26/2007 JURIS ANSWER BRIEF RS La Verne Creel BY: RS Jennifer J. Card 517267 (O&5 & E-MAIL)
02/26/2007 NOTICE-WITHDRAWAL RS La Verne Creel BY: RS Jennifer J. Card 517267 FILED AS "NOTICE-WITHDRAWAL OF MOTION TO STRIKE"
07/03/2007 ORDER-OA&BRIEF SCHED/JURIS ACCEPTED The Court accepts jurisdiction of this case and will hear oral argument at 9:00 a.m., Tuesday, November 6, 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. Petitioner's brief on the merits shall be served on or before July 30, 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 September 3, 2007. The record shall include the briefs filed in the district court separately indexed.
07/23/2007 MOTION-ATTORNEYS FEES PT Sandra Frosti BY: PT William Capito 522783 ORIGINAL ONLY (COPIES REQUESTED); 07/20/2007: 7 COPIES RECV'D
07/25/2007 RESPONSE RS La Verne Creel BY: RS Jennifer J. Card 517267 TO PETITIONER'S REQUEST FOR ATTORNEY FEES (O&7)
07/30/2007 LETTER PT Sandra Frosti BY: PT William Capito 522783 DATED 07/27/2007, WITH 7 COPIES OF APLT'S REQ FOR ATTY FEES
07/31/2007 ORAL ARGUMENT CALENDAR
07/31/2007 ORDER-ORAL ARGUMENT RESCHEDULE At the direction of the Court, the above case which was scheduled for oral argument on November 6, 2007, has been rescheduled for oral argument at 9:00 a.m., Tuesday, December 4, 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.
08/01/2007 INITIAL BRIEF-MERITS PT Sandra Frosti BY: PT William Capito 522783 O&7 & E-MAIL
08/22/2007 APPENDIX PT Sandra Frosti BY: PT William Capito 522783 TO INITIAL BRIEF-MERITS (O&7) (NO CERT. OF SERVICE)
08/22/2007 ANSWER BRIEF-MERITS RS La Verne Creel BY: RS Scot E. Samis 651753 (O&7 & E-MAIL)
08/23/2007 RECORD/TRANSCRIPT Hon. James Birkhold BY: Hon. James Birkhold 12 VOLUMES RECORD; 1 VOLUME OF BRIEFS & E-MAIL OF REPLY BRIEF ONLY (1 BOX)
09/10/2007 CERTIFICATE OF SERVICE PT Sandra Frosti BY: PT William Capito 522783 - FOR PETITIONER'S APPENDIX
09/14/2007 REPLY BRIEF-MERITS PT Sandra Frosti BY: PT William Capito 522783 O&7 & E-MAIL
12/04/2007 ORAL ARGUMENT HELD
03/20/2008 DISP-QUASHED & REMANDED For the reasons stated in this opinion, we quash the Second District's decision that affirmed the trial court's denial of Frosti's motion for attorney fees and costs. We hold that a motion for attorney fees and costs predicated upon a valid, rejected proposal for settlement need not be denied because the proposal was filed with the trial court before judgment was entered. We remand this case to the district court and direct that this case be remanded to the trial court for a determination of reasonable attorney fees and costs incurred by Frosti through this appeal. We approve the Fifth District's decision in Mills on the issue of the premature filing of the proposal for settlement.
04/11/2008 RECORD/TRANSCRIPT RETURNED Hon. James Birkhold BY: Hon. James Birkhold 12 VOLUMES RECORD; 1 VOLUME OF BRIEFS (1 BOX)
04/11/2008 MANDATE CC: COUNSEL
04/30/2008 ARCHIVES file