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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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11/30/2007
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NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT)
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PT Albert Saleeby BY: PT Mark Hicks 142436
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12/05/2007
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JURIS INITIAL BRIEF
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PT Albert Saleeby BY: PT Mark Hicks 142436
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W/APPENDIX (O&5 AND E-MAIL)
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12/06/2007
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Filing Fee $300
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2007 - 1007724 Amount: $300
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12/06/2007
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Fee Paid in Full
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12/17/2007
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MISC. DOCKET ENTRY
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CHECK NUMBER 37365 IN THE AMOUNT OF $300.00 - PT Albert Saleeby BY: PT Mark Hicks 142436
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12/28/2007
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JURIS ANSWER BRIEF
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RS Rocky Elson Construction, Inc. BY: RS Kimberly A. Ashby 322881
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O&5 & E-MAIL
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12/28/2007
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MOTION-ATTORNEYS FEES
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RS Rocky Elson Construction, Inc. BY: RS Kimberly A. Ashby 322881
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O&5
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01/02/2008
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CERTIFICATE OF SERVICE (AMD)
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RS Rocky Elson Construction, Inc. BY: RS Kimberly A. Ashby 322881 FOR RS JURIS BRIEF RS (O&5)
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03/28/2008
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ORDER-JURIS ACCEPT/BRIEF SCHED (OA LATER DATE)
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The Court accepts jurisdiction of this case. Oral argument will be set by separate order. Counsel for the parties will be notified of the oral argument date approximately sixty days prior to oral argument.
Petitioner's initial brief on the merits shall be served on or before April 22, 2008; respondent's answer brief on the merits shall be served twenty days after service of petitioner's initial brief on the merits; and petitioner's reply brief on the merits shall be served twenty days after service of respondent's answer brief on the merits. Please file an original and seven copies of all briefs.
The Clerk of the Fourth District Court of Appeal shall file the original record which shall be properly indexed and paginated on or before May 28, 2008. The record shall include the briefs filed in the district court separately indexed.
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04/21/2008
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MOTION-EXT OF TIME (INITIAL BRIEF-MERITS)
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PT Albert Saleeby BY: PT Brett Chance Powell 610917
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04/21/2008
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MOTION-TOLL TIME
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PT Albert Saleeby BY: PT Mark Hicks 142436
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FILED AS "UNOPPOSED MOTION TO TOLL TIME FOR SERVING PETITIONER'S INITIAL BRIEF ON THE MERITS PENDING DISPOSITION OF MOTION FOR EXTENSION OF TIME TO SERVE BRIEF"
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04/23/2008
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ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS)
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04/25/2008
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RECORD/TRANSCRIPT
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Hon. Marilyn Nemzura Beuttenmuller, Clerk BY: Hon. Marilyn Nemzura Beuttenmuller, Clerk
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CERT. CLERK; 1 SUPP. VOL. RECORD; 1 ENVELOPE EXHIBITS; 1 SEALED ENVELOPE; AND 35 VOL. RECORD; 3 BOXES
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05/23/2008
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INITIAL BRIEF-MERITS
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PT Albert Saleeby BY: PT Brett Chance Powell 610917
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O&7 & E-MAIL
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05/29/2008
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APPENDIX
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PT Albert Saleeby BY: PT Brett Chance Powell 610917
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INITIAL BRIEF-MERITS (O&7)
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06/16/2008
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ANSWER BRIEF-MERITS
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RS Rocky Elson Construction, Inc. BY: RS Kimberly A. Ashby 322881
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O&7 & E-MAIL
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07/03/2008
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REPLY BRIEF-MERITS
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PT Albert Saleeby BY: PT Brett Chance Powell 610917
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O&7 & E-MAIL
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07/03/2008
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MOTION-ATTORNEYS FEES
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PT Albert Saleeby BY: PT Mark Hicks 142436
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W/ATTACHMENTS (7 COPIES FILED 07/08/2008)
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07/03/2008
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REQUEST-ORAL ARGUMENT
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PT Albert Saleeby BY: PT Mark Hicks 142436
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07/08/2008
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LETTER
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PT Albert Saleeby BY: PT Mark Hicks 142436
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DATED 07/07/2008, RE: TRANSMITTAL OF 7 COPIES OF MOT-ATTORNEY'S FEES
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08/01/2008
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ORDER-OA SCHED (PREV ACCEPTED)
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The Court previously accepted jurisdiction. The Court will hear oral argument at 9:00 a.m., Monday, October 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.
NO CONTINUANCES WILL BE GRANTED EXCEPT UPON A SHOWING OF EXTREME HARDSHIP.
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08/01/2008
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ORAL ARGUMENT CALENDAR
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10/06/2008
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ORAL ARGUMENT HELD
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01/08/2009
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NOTICE
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PT Albert Saleeby BY: PT Mark Hicks 142436
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OF CHANGE OF FIRM NAME
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01/30/2009
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DISP-QUASHED & REMANDED
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As explained above, we find that the plain language of sections 768.041(3) and 90.408 expressly prohibits the admission at trial of evidence of settlement and that a defendant has been dismissed from the suit. These statutes do not contain an implicit exception permitting such evidence to be used for impeachment purposes, and the district court erroneously relied on our opinion in Dosdourian in finding one. Accordingly, we quash the Fourth District's decision in this case and remand with directions that petitioner be granted a new trial. We approve the Third District's decision in Ellis.
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02/13/2009
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MOTION-REHEARING
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RS Rocky Elson Construction, Inc. BY: RS Kimberly A. Ashby 322881
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(RC) & CLARIFICATION (W/ATTACHMENT) (O&7)
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02/25/2009
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DISP-REHEARING DY
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Since there are not four votes to grant rehearing, respondent's Motion for Rehearing and Clarification is hereby denied. (RC)
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02/25/2009
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ORDER-ATTY FEES DY (J/M/O)
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Respondent's motion for attorneys' fees is hereby denied.
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02/25/2009
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ORDER-ATTY FEES GR & REMANDED (PARTY PREVAIL - M/O)
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Petitioner'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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02/27/2009
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RESPONSE
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PT Albert Saleeby BY: PT Mark Hicks 142436
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TO MOTION FOR REHEARING AND CLARIFICATION (W/APPENDIX) (O&7)
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03/13/2009
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MANDATE
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CC: COUNSEL
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03/17/2009
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RECORD/TRANSCRIPT RETURNED
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Hon. Marilyn Nemzura Beuttenmuller, Clerk BY: Hon. Marilyn Nemzura Beuttenmuller, Clerk
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1 SUPP. VOL. RECORD; 1 ENVELOPE EXHIBITS; 1 SEALED ENVELOPE; AND 35 VOL. RECORD; 3 BOXES
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05/15/2009
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ARCHIVES
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