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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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08/16/2007
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NOTICE-DISCRETIONARY JURIS (CERT DIRECT CONFLICT)
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PT The Crossings At Fleming Island Community Development Dist. BY: PT Don H. Lester 370134
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W/APPENDIX
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08/22/2007
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Filing Fee $300
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2007 - 1007050 Amount: $300
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08/22/2007
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Fee Paid in Full
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08/28/2007
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JURIS INITIAL BRIEF
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PT The Crossings At Fleming Island Community Development Dist. BY: PT Don H. Lester 370134
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O&5 & E-MAIL
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08/28/2007
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APPENDIX
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PT The Crossings At Fleming Island Community Development Dist. BY: PT Don H. Lester 370134
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O&5
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09/14/2007
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JURIS ANSWER BRIEF
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Jim Zingale BY: RS Louis F. Hubener, Iii 140084
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W/APPENDIX (O&7 & E-MAIL)
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10/18/2007
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ORDER-OTHER SUBSTANTIVE
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Petitioner at page three of its jurisdictional brief asserts that, "[o]n June 26, 2007, the First District granted the District's motion, and certified conflict with Sun 'N Lake on the issue of whether the property appraiser has standing to defensively raise the constitutionality of a statute." However, the referenced order is not included in the appendix to petitioner's jurisdictional brief, and has not otherwise been filed in this case by either party. Petitioner is thus hereby directed to supplement the appendix to its jurisdictional brief with a conformed copy of First District Court of Appeal's referenced order of June 26, 2007. Petitioner shall serve an original and five copies of the supplemental appendix on or before October 29, 2007.
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10/30/2007
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APPENDIX
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PT The Crossings At Fleming Island Community Development Dist. BY: PT Don H. Lester 370134
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FILED AS "SUPPLEMENTAL APPENDIX TO BRIEF OF PETITIONER ON JURISDICTION (O&5)
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10/30/2007
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NOTICE-FILING
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PT The Crossings At Fleming Island Community Development Dist. BY: PT Don H. Lester 370134
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FILED AS "NOTICE OF FILING SUPPLEMENTAL APPENDIX TO BRIEF OF PETITIONER ON JURISDICTION"
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11/06/2007
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ORDER-CASE STYLE CHANGE
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The style of the above case has been changed from The Crossing at Fleming Island Community Development District, etc. vs. Jim Zingale, etc., et al. to The Crossing at Fleming Island Community Development District, etc. vs. Lisa Reinhardt Echeverri, etc., et al.
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11/29/2007
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ORAL ARGUMENT CALENDAR
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11/29/2007
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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., Tuesday, May 6, 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 December 26, 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 First District Court of Appeal shall file the original record which shall be properly indexed and paginated on or before January 29, 2008. The record shall include the briefs filed in the district court separately indexed.
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12/20/2007
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MOTION-EXT OF TIME (INITIAL BRIEF-MERITS)
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PT The Crossings At Fleming Island Community Development Dist. BY: PT Don H. Lester 370134
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(O&5) FILED AS "PETITIONER'S MOTION FOR EXTENSION OF TIME FOR SERVICE OF INITIAL BRIEF ON THE MERITS"
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12/26/2007
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ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS)
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Petitioner's motion for extension of time is granted and petitioner is allowed to and including January 10, 2008, 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.
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12/28/2007
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MOTION-AMICUS CURIAE
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MR Florida Association Of Property Appraisers, Inc. BY: MR Sherri L. Johnson 134775
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AMENDED MOTION FILED 12/31/07 (O&2)
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12/31/2007
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MOTION-AMICUS CURIAE
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RS Property Appraiser Of Santa Rosa County, Florida SANTA BY: MR Thomas M. Findley 797855
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(DID NOT GET CONSENT OF COUNSEL FOR WAYNE WEEKS); 01/02/2008: AMENDED MOTION FILED
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01/03/2008
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NOTICE-APPEARANCE
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RS Wayne Weeks BY: RS Larry E. Levy 47019
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BY LARRY E. LEVY AND LOREN E. LEVY AS COUNSEL FOR WAYNE WEEKS
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01/10/2008
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ORDER-AMICUS CURIAE GR
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The amended motions for leave to file briefs as amicus curiae filed by the Florida Association of Property Appraisers, Inc., and Greg Brown, Property Appraiser of Santa Rosa County, Florida and Chris Jones, Property Appraiser of Escambia County, Florida are hereby granted and they are allowed to file briefs only in support of respondents. The briefs by the above referenced amicus curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
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01/10/2008
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MOTION-AMICUS CURIAE
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MP Florida Chamber Of Commerce, Inc. BY: MP Victoria Lynn Weber 266426
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FILED AS "FLORIDA CHAMBER OF COMMERCE MOTION FOR LEAVE TO FILE A BRIEF AS AMICUS CURIAE IN SUPPORT OF THE CROSSINGS AT FLEMING ISLAND" (MOTION DOES NOT STATE HOW MOVANT CAN ASSIST THE COURT IN THE DISPOSITION OF THE CASE.) (1/11/2008: REQUESTED AMENDED MOTION) (01/11/2008, AMENDED MOTION FILED)
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01/10/2008
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AMICUS CURIAE INITIAL BRIEF-MERITS
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MP Florida Chamber Of Commerce, Inc. BY: MP Victoria Lynn Weber 266426
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(O&7 & E-MAIL) (NO E-MAIL & CD FILED AS ELECTRONIC COPY)
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01/11/2008
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INITIAL BRIEF-MERITS
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PT The Crossings At Fleming Island Community Development Dist. BY: PT Don H. Lester 370134
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O&7 & E-MAIL
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01/11/2008
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APPENDIX
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PT The Crossings At Fleming Island Community Development Dist. BY: PT Don H. Lester 370134
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O&7
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01/17/2008
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ORDER-AMICUS CURIAE GR
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The amended motion for leave to file brief as amicus curiae filed by the Florida Chamber of Commerce is hereby granted and they are allowed to file brief only in support of petitioner. The brief by the above referenced amicus curiae was filed with this Court on January 10, 2008.
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01/29/2008
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MOTION-AMICUS CURIAE
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MR Property Appraiser Of Collier County, Florida COLLIER BY: MR Gaylord Ashlyn Wood 89465
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FILED AS "MOTION FOR LEAVE TO FILE BRIEF AS AMICI CURIAE IN SUPPORT OF RESPONDENT WEEKS, OF ABE SKINNER, AS COLLIER COUNTY PROPERTY APPRAISER, KRISTINA KULPA, AS HENDRY COUNTY PROPERTY APPRAISER, ALVIN MAZOUREK, AS HERNANDO COUNTY PROPERTY APPRAISER, ED HAVILL, AS LAKE COUNTY PROPERTY APPRAISER, FRANCIS AKINS, AS LEVY COUNTY PROPERTY APPRAISER, LAUREL KELLY, AS MARTIN COUNTY PROPERTY APPRAISER, SHARON OUTLAND, AS ST. JOHN'S COUNTY PROPERTY APPRAISER, DAVID JOHNSON, AS SEMINOLE COUNTY PROPERTY APPRAISER, RONNIE HAWKINS, AS SUMTER COUNTY PROPERTY APPRAISER, MORGAN B. GILREATH, JR., AS VOLUSIA COUNTY PROPERTY APPRAISER," (O&1)
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01/30/2008
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RECORD/TRANSCRIPT
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Jon S. Wheeler BY: Jon S. Wheeler
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1 VOLUME OF CERTIFIED COPIES APPEAL PAPERS, 1 VOLUME OF BRIEFS, 11 VOLUMES OF RECORD, & E-MAIL (1 BOX)
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01/30/2008
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MOTION-EXT OF TIME (ANSWER BRIEF-MERITS)
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RS Wayne Weeks BY: RS Larry E. Levy 47019
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FILED AS "RESPONDENT WAYNE WEEKS' UNOPPOSED MOTION FOR EXTENSION OF TIME TO SERVE ANSWER BRIEF ON THE MERITS"
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02/05/2008
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ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS)
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Respondent Wayne Weeks' motion for extension of time is granted and said respondent is allowed to and including February 29, 2008, in which to serve the answer brief on the merits. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO SAID RESPONDENT FOR THE FILING OF THE ANSWER BRIEF ON THE MERITS. All other times will be extended accordingly.
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02/05/2008
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ORDER-AMICUS CURIAE GR
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The motion for leave to file brief as amici curiae filed by Abe Skinner, as Collier County Property Appraiser; Kristina Kulpa, as Hendry County Property Appraiser; Alvin Mazourek, as Hernando County Property Appraiser; Ed Havill, as Lake County Property Appraiser; Francis Akins, as Levy County Property Appraiser; Laurel Kelly, as Martin County Property Appraiser; Sharon Outland, as St. Johns County Property Appraiser; David Johnson, as Seminole County Property Appraiser; Ronnie Hawkins, as Sumter County Property Appraiser; and Morgan B. Gilreath, Jr., as Volusia County Property Appraiser is hereby granted and they are allowed to file brief only in support of Respondent, Wayne Weeks. The brief by the above referenced amici curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
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02/06/2008
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NOTICE-WAIVER OF FILING ANSWER BRIEF
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RS Lisa Reinhardt Echeverri 864552 BY: RS Louis F. Hubener, Iii 140084
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O&7
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03/03/2008
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ANSWER BRIEF-MERITS
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RS Wayne Weeks BY: RS Larry E. Levy 47019
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O&7 & E-MAIL SENT IN WRONG FORMAT (03/04/2008: REQUESTED CORRECT E-MAIL)
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03/07/2008
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AMICUS CURIAE ANSWER BRIEF-MERITS
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MR Abe Skinner, Property Appraiser COLLIER BY: MR John Christopher Woolsey 537438
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W/APPENDIX (O&7 & NO E-MAIL; CD FILED AS ELECTRONIC COPY)(03/12/2008: REQUESTED E-FILE IN CORRECT FORMAT)
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03/10/2008
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AMICUS CURIAE ANSWER BRIEF-MERITS
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MR Chris Jones, Property Appraiser ESCAMBI BY: MR Thomas M. Findley 797855
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O&7 & E-MAIL
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03/10/2008
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AMICUS CURIAE ANSWER BRIEF-MERITS
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MR Florida Association Of Property Appraisers, Inc. BY: MR Sherri L. Johnson 134775
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O&7 & E-MAIL
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03/26/2008
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REPLY BRIEF-MERITS
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PT The Crossings At Fleming Island Community Development Dist. BY: PT Don H. Lester 370134
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(O&7 & E-MAIL) (MORE THAN 15 PAGES IN LENGTH)
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03/28/2008
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ORDER-BRIEF STRICKEN (NON-COMPLIANCE)
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Petitioner's reply brief, which was filed with this Court on March 26, 2008, does not comply with Florida Rule of Appellate Procedure 9.210(a)(5) and is hereby stricken. Petitioner is hereby directed, on or before April 17, 2008, to serve an original and seven copies of an amended reply brief which does exceed fifteen pages in length. ***VACATED-SEE ORDER DATED 04/21/2008***
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04/02/2008
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MOTION-BRIEF PAGE ENLARGEMENT
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PT The Crossings At Fleming Island Community Development Dist. BY: PT Don H. Lester 370134
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FILED AS "PETITIONER'S MOTION TO ENLARGE PAGE LIMITS OF REPLY BRIEF" (O&5)
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04/15/2008
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MOTION-TOLL TIME
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PT The Crossings At Fleming Island Community Development Dist. BY: PT Don H. Lester 370134
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( O&5) FILED AS "PETITIONER'S MOTION TO TOLL TIME ON DEADLINE TO FILE AMENDED REPLY BRIEF"
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04/21/2008
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ORDER-BRIEF PAGE ENLARGEMENT GR
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Petitioner's Motion to Enlarge Page Limits of Reply Brief is hereby granted and said brief consisting of twenty-three pages was filed with this Court on March 25, 2008. The order of this Court dated March 28, 2008, striking petitioner's reply brief is hereby vacated.
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04/21/2008
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ORDER-TOLLING DY
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Petitioner's motion to toll time is hereby denied as moot. See Fla. R. App. P. 9.300(d) (Amended Oct. 26, 2006).
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05/06/2008
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ORAL ARGUMENT HELD
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07/03/2008
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DISP-QUASHED
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Based on the foregoing, we resolve the conflict among the district courts by holding that a property appraiser does not have standing in his or her official capacity to raise the constitutionality of a statute as a defense in a tax suit filed by a taxpayer. In the case on review, the trial court did not err in striking the property appraiser's affirmative defense challenging the constitutionality of section 189.403(1). We therefore quash the decision of the First District in this case and approve the decision of the Second District in Sun 'N Lake on the issue of property appraiser standing.
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07/17/2008
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MOTION-REHEARING
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RS Wayne Weeks BY: RS Larry E. Levy 47019
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(RC) O&7
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07/17/2008
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MOTION-REHEARING
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RS Wayne Weeks BY: RS Larry E. Levy 47019
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(RC) O&7 (07/18/2008: ADDITIONAL COPY FILED)
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09/19/2008
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DISP-REHEARING DY
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Respondent Wayne Weeks' Motion for Rehearing is hereby denied. (RC)
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09/23/2008
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RECORD/TRANSCRIPT RETURNED
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1 VOLUME OF CERTIFIED COPIES APPEAL PAPERS, 1 VOLUME OF BRIEFS, 11 VOLUMES OF RECORD, & E-MAIL (1 BOX)
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10/17/2008
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MANDATE
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CC: COUNSEL
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12/22/2008
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ARCHIVES
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