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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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08/30/2007
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NOTICE-DISCRETIONARY JURIS (CERT GPI)
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PT Frank J. Trytek BY: PT Michael R. D'Lugo 40710
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FILED AS "NOTICE OF APPEAL" AND TREATED AS A NOTICE TO INVOKE DISCRETIONARY JURISDICTION
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09/05/2007
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Filing Fee $300
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2007 - 1007115 Amount: $300
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09/05/2007
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Fee Paid In Full - $300
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09/21/2007
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MOTION-AMICUS CURIAE
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MR Southeastern Association Of Credit Manageme BY: MR Barry Kalmanson 814199
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FILED AS "SOUTHEASTERN ASSOCIATION OF CREDIT MANAGEMENT'S MOTION FOR LEAVE TO FILE AMICUS CURAIE BRIEF" (IN SUPPORT OF GALE INDUSTRIES)
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09/26/2007
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MOTION-AMICUS CURIAE
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MR Fla. Independent Concrete & Assoc. Products BY: MR Barry Kalmanson 814199
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FILED AS "FLORIDA INDEPENDENT CONCRETE AND ASSCIATED PRODUCTS, INC.'S MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF" (IN SUPPORT OF GALE INDUSTRIES)
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10/05/2007
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ORDER-NO REQ&BRIEF SCHED/JURIS ACCEPTED
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The Court accepts jurisdiction and dispenses with oral argument pursuant to Florida Rule of Appellate Procedure 9.320.
Petitioner's brief on the merits shall be served on or before October 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.
The Clerk of the Fifth District Court of Appeal shall file the original record which shall be properly indexed and paginated on or before December 5, 2007. The record shall include the briefs filed in the district court separately indexed.
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10/15/2007
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ORDER-AMICUS CURIAE GR
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The motion for leave to file brief as amicus curiae filed by the Florida Independent Concrete and Associated Products, Inc., and the motion for leave to file brief as amicus curiae filed by the Southeastern Association of Credit Management are hereby granted and they are allowed to file brief 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).
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.
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10/31/2007
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INITIAL AMD BRIEF-MERITS
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PT Frank J. Trytek BY: PT Michael R. D'Lugo 40710
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O&7 & E-MAIL (NO APPENDIX)
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11/05/2007
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APPENDIX
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PT Frank J. Trytek BY: PT Michael R. D'Lugo 40710
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O&7
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11/20/2007
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RECORD/TRANSCRIPT
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Hon. Susan Wright, Clerk BY: Hon. Susan Wright, Clerk
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1 VOLUME CC PAPERS; 7 VOLUMES RECORD; AND 1 VOLUME BRIEFS (1BOX)
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11/20/2007
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ANSWER BRIEF-MERITS
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RS Gale Industries Inc. BY: RS Edward M. Baird 498629
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O&7 & E-MAIL ***STRICKEN-SEE 12/13/2007 ORDER : BRIEF STRICKEN IN LIGHT OF AMEND ANS BRF FILED 12/10/2007***
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11/26/2007
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AMICUS CURIAE ANSWER BRIEF-MERITS
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MR Southeastern Association Of Credit Manageme BY: MR Barry Kalmanson 814199
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O&7 & E-MAIL
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11/29/2007
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MOTION-ATTORNEYS FEES
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RS Gale Industries Inc. BY: RS Edward M. Baird 498629
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ORIG ONLY (12/04/2007: REQ'D 7 COPIES) (12/06/2007: 7 COPIES FILED)
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12/10/2007
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MOTION-BRIEF AMENDMENT
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RS Gale Industries Inc. BY: RS Edward M. Baird 498629
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FILED AS "RESPONDENT'S UNOPPOSED MOTION FOR LEAVE TO AMEND ANSWER BRIEF WITH AMED BRF ATTACHED AS "EXHIBIT A". (O&7)
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12/10/2007
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ANSWER AMD BRIEF-MERITS
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RS Gale Industries Inc. BY: RS Edward M. Baird 498629
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(O&7) (FILED AS "EXHIBIT A" TO MOTION TO AMEND ANS BRF) (12/13/2007: REC'D E-MAIL)
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12/13/2007
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ORDER-BRIEF AMENDMENT GR
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Respondent's Unopposed Motion for Leave to Amend Answer Brief is granted and said amended brief was filed with this Court on December 10, 2007, as Exhibit "A" attached to said motion. Respondent's answer brief on the merits filed with this Court on November 20, 2007, is hereby stricken in light of the filing of the amended answer brief. Petitioner shall have to and including January 2, 2008, in which to serve the reply brief on the merits.
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01/03/2008
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REPLY BRIEF-MERITS
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PT Frank J. Trytek BY: PT Michael R. D'Lugo 40710
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O&7 (NO TABLE OF CONTENTS OR TABLE OF CITATIONS & EXCEEDS PAGE LIMIT)
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01/03/2008
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MOTION-ATTORNEYS FEES
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PT Frank J. Trytek BY: PT Michael R. D'Lugo 40710
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FILED AS "MOTION TO RECOVER APPELLATE ATTORNEY'S FEES" (O&7)
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01/04/2008
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ORDER-BRIEF STRICKEN (NON-COMPLIANCE)
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Petitioner's reply brief, which was filed with this Court on January 3, 2008, does not comply with Florida Rule of Appellate Procedure 9.210 and is hereby stricken. Petitioner is hereby directed, on or before January 24, 2008, to serve an original and seven copies of an amended reply brief which does not exceed 15 pages in length and shall contain a table of contents and the citation of authorities which shall be excluded from the computation.
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.
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01/18/2008
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REPLY AMD BRIEF-MERITS
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PT Cathy L. Trytek BY: PT Michael R. D'Lugo 40710
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O&7 & E-MAIL
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05/20/2008
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ORDER-OA SCHED (PREV ACCEPTED)
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The Court previously accepted jurisdiction and dispensed with oral argument on October 5, 2007. The Court has now determined that oral argument should be granted and the above case is scheduled for oral argument at 9:00 a.m., Tuesday, September 9, 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.
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05/20/2008
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ORAL ARGUMENT CALENDAR
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09/09/2008
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ORAL ARGUMENT HELD
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09/12/2008
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MOTION-RECORD SUPPLEMENTATION
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RS Gale Industries Inc. BY: RS Edward M. Baird 498629
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O&8
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09/12/2008
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APPENDIX
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RS Gale Industries Inc. BY: RS Edward M. Baird 498629
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TO RESPONDENT'S MOTION TO SUPPLEMENT THE RECORD W/ATTACHED SUPPLEMENT(O&8)
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09/16/2008
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ORDER-RESPONSE/REPLY REQUESTED
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Respondent has filed a Motion to Supplement the Record. Petitioner is hereby requested to serve a response to the above-referenced motion on or before September 26, 2008. A reply to response will not be entertained by this Court.
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09/29/2008
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RESPONSE
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PT Frank J. Trytek BY: PT Michael R. D'Lugo 40710
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TO RESP'S MOTION SUPPL RECORD (O&7)
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12/05/2008
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LETTER
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Hon. Susan Wright, Clerk BY: Hon. Susan Wright, Clerk
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DATED 12/3/2008 WITH ENCLOSED CORRECT OPINION ON MOTION FOR REHEARING AND FOR CERTIFICATION WHICH SHOULD HAVE BEEN TRANSMITTED WITH THE RECORD ON APPEAL
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12/11/2008
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ORDER-RECORD SUPPLEMENTATION DY
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Respondent's motion to supplement the record is hereby denied.
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12/11/2008
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DISP-QUASHED & REMANDED
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We answer the rephrased certified question in the affirmative and conclude that the "significant issues" test of Prosperi applies to determine the issue of "prevailing party." We thus quash the decision of the Fifth District and direct that this case be remanded to the trial court to reconsider the issue of attorneys' fees consistent with this opinion. ***WITHDRAWN-SEE 02/26/2009, OPINION***
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01/07/2009
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MANDATE
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CC: COUNSEL (02/26/2009: VACATED)
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01/08/2009
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MOTION-REHEARING
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RS Gale Industries Inc. BY: RS Edward M. Baird 498629
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(RC) FILED AS "RESPONDENT'S MOTION FOR CLARIFICATION" (O&9)
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01/16/2009
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RECORD/TRANSCRIPT RETURNED
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Hon. Susan Wright, Clerk BY: Hon. Susan Wright, Clerk
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7 VOLUMES RECORD; AND 1 VOLUME BRIEFS (1 BOX)
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02/26/2009
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DISP-REHEARING DY IN LIGHT OF REVISED OPINION
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(RC) We deny Respondent's Motion for Clarification but the opinion dated December 11, 2008, is withdrawn and the revised opinion dated February 26, 2009, is substituted in its place.
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02/26/2009
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ORDER-VACATE
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The mandate of this Court dated December 11, 2009, is hereby vacated. (03/04/2009: CORRECTED TO REFLECT CORRECT DATE OF MANDATE ISSUED.)
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02/26/2009
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ORDER-ATTY FEES DY (J/M/O)
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Respondent Gale Industries, Inc.'s motion for attorneys' fees is hereby denied.
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02/26/2009
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ORDER-ATTY FEES GR & REMANDED (PARTY PREVAIL - M/O)
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Petitioner Frank J. Trytek's motion for attorneys' fees is provisionally granted and is remanded to the trial court to determine the amount, conditioned on the party prevailing pursuant to applicable statutes, rules and case law.
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02/26/2009
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DISP-QUASHED & REMANDED
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We answer the rephrased certified question in the affirmative and conclude that the "significant issues" test of Prosperi applies to determine the issue of "prevailing party." We thus quash the decision of the Fifth District and direct that this case be remanded to the trial court to reconsider the issue of attorneys' fees consistent with this opinion.
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03/16/2009
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MANDATE
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CC: COUNSEL
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05/15/2009
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