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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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12/21/2007
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NOTICE-DISCRETIONARY JURIS (CLASS/CONST OFCR)
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PT School Board Of Palm Beach County, Florida PALM BE BY: PT Randall Dale Burks 561101
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12/28/2007
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Filing Fee $300
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2007 - 1007836 Amount: $300
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12/28/2007
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Fee Paid In Full - $300
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12/28/2007
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JURIS INITIAL BRIEF
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PT School Board Of Palm Beach County, Florida PALM BE BY: PT Randall Dale Burks 561101
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O&5 & E-MAIL
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12/28/2007
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APPENDIX
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PT School Board Of Palm Beach County, Florida PALM BE BY: PT Randall Dale Burks 561101
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O&5
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01/23/2008
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JURIS ANSWER BRIEF
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RS Survivors Charter Schools, Inc. BY: RS Bryan James Yarnell 88900
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O&5 & E-MAIL
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03/26/2008
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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, September 10, 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 April 21, 2008; 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 Fourth District Court of Appeal shall file the original record which shall be properly indexed and paginated on or before May 26, 2008. The record shall include the briefs filed in the district court separately indexed.
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04/14/2008
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MOTION-AMICUS CURIAE
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MP Florida School Boards Association, Inc BY: MP Janeia Renee Daniels 706841
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04/21/2008
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MOTION-AMICUS CURIAE
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MP Florida State Board Of Education EDUCATI BY: MP Hon. Timothy David Osterhaus, Judge 133728
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(O&7) FILED AS "THE FLORIDA STATE BOARD OF EDUCATION'S MOTION TO APPEAR AS AMICUS CURIAE"
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04/22/2008
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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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16 VOLUMES RECORD (VOLUMES 1-8 FOR 4D06-2378 AND VOLUMES 1-8 FOR 4D06-2379), AND 1 VOLUME BRIEFS. (1 BOX)
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04/24/2008
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INITIAL BRIEF-MERITS
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PT School Board Of Palm Beach County, Florida PALM BE BY: PT Randall Dale Burks 561101
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(O&7 & E-MAIL)
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04/28/2008
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AMICUS CURIAE INITIAL BRIEF-MERITS
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MP Florida State Board Of Education EDUCATI BY: MP Hon. Timothy David Osterhaus, Judge 133728
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O&7 & E-MAIL
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04/28/2008
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AMICUS CURIAE INITIAL BRIEF-MERITS
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MP Florida School Boards Association, Inc BY: MP Janeia Renee Daniels 706841
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O&7 & E-MAIL
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04/30/2008
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APPENDIX
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PT School Board Of Palm Beach County, Florida PALM BE BY: PT Randall Dale Burks 561101
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TO INITIAL BRIEF-MERITS (O&7)
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05/02/2008
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MOTION-AMICUS CURIAE
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NPAC Pacific Legal Foundation BY: NPAC Nicholas M Gieseler 43979
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(O&1) FILED AS "MOTION OF PACIFIC LEGAL FOUNDATION TO PARTICIPATE AS AMICUS CURIAE IN SUPPORT OF NEITHER PARTY"
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05/02/2008
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AMICUS CURIAE ANSWER BRIEF-MERITS
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NPAC Pacific Legal Foundation BY: NPAC Nicholas M Gieseler 43979
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O&7 & E-MAIL
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05/07/2008
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NOTICE
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RS Survivors Charter Schools, Inc. BY: RS Bryan James Yarnell 88900
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FILED AS "NOTICE OF ACKNOWLEDGEMENT OF ORAL ARGUMENT CALENDAR"
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05/07/2008
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NOTICE-APPEARANCE
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RS Survivors Charter Schools, Inc. BY: RS Bryan James Yarnell 88900
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FILED AS "NOTICE OF APPEARANCE OF RESPONDENT'S LEAD COUNSEL"
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05/13/2008
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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 School Boards Association, Inc. 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 April 28, 2008.
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05/16/2008
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MOTION-ATTORNEYS FEES
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RS Survivors Charter Schools, Inc. BY: RS Bryan James Yarnell 88900
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O&7
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05/16/2008
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ANSWER BRIEF-MERITS
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RS Survivors Charter Schools, Inc. BY: RS Bryan James Yarnell 88900
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O&7 & E-MAIL
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05/20/2008
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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 State Board of Education 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 April 28, 2008. The motion for leave to file brief as amicus curiae filed by the Pacific Legal Foundation is hereby granted and they are allowed to file brief only in support of neither party. The brief by the above referenced amicus curiae was filed with this Court on May 2, 2008.
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05/27/2008
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MOTION-STRIKE
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PT School Board Of Palm Beach County, Florida PALM BE BY: PT Randall Dale Burks 561101
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(O&7) FILED AS "PETITIONER'S SUGGESTION TO STRIKE THE RESPONDENT'S BRIEF ANSWERING AN AMICUS CURIAE BRIEF"
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05/27/2008
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RESPONSE
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PT School Board Of Palm Beach County, Florida PALM BE BY: PT Randall Dale Burks 561101
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(O&7)TO ATTORNEY FEES MOTION
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05/27/2008
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ANSWER BRIEF-MERITS
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RS Survivors Charter Schools, Inc. BY: RS Bryan James Yarnell 88900
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(O&7 & E-MAIL) FILED AS "RESPONSE BRIEF OF RESPONDENT SURVIVORS CHARTER SCHOOL, INC. IN OPPOSITION TO THE AMICUS BRIEF FILED BY THE FLORIDA STATE BOARD OF EDUCATION"
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05/30/2008
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CERTIFICATE OF SERVICE (AMD)
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PT Randall Dale Burks 561101 FOR PETITIONER'S SUGGESTION OF STRIKE THE RESPONDENT'S BRIEF ANSWERING AN AMICUS CURIAE BRIEF
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05/30/2008
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CERTIFICATE OF SERVICE (AMD)
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PT Randall Dale Burks 561101 FOR PETITIONER'S RESPONSE TO RESPONDENT'S MOTION FOR ATTORNEY'S FEES AND COSTS
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06/06/2008
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CERTIFICATE OF SERVICE (AMD)
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RS Survivors Charter Schools, Inc. BY: RS Bryan James Yarnell 88900 FOR RESPONSE BRIEF OF RESPONDENT SURVIVORS CHARTER SCHOOL, INC.
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06/06/2008
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CERTIFICATE OF SERVICE (AMD)
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RS Survivors Charter Schools, Inc. BY: RS Bryan James Yarnell 88900 FOR RESPONDENT'S MOTION FOR ATTORNEY'S FEES AND COSTS
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06/06/2008
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CERTIFICATE OF SERVICE (AMD)
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RS Survivors Charter Schools, Inc. BY: RS Bryan James Yarnell 88900 FOR RESPONSE BRIEF OF RESPONDENT SURVIVORS CHARTER SCHOOL, INC. IN OPPOSITION TO THE AMICUS BRIEF FILED BY THE FLORIDA STATE BOARD OF EDUCATION
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06/06/2008
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REPLY BRIEF-MERITS
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PT School Board Of Palm Beach County, Florida PALM BE BY: PT Randall Dale Burks 561101
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O&7 & E-MAIL
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06/06/2008
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MOTION-OTHER SUBSTANTIVE
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RS Survivors Charter Schools, Inc. BY: RS Bryan James Yarnell 88900
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FILED AS "RESPONDENT'S RESPONSE TO PETITIONER'S SUGGESTION TO STRIKE THE RESPONDENT'S BRIEF ANSWERING AN AMICUS CURIAE BRIEF AND REQUEST IN THE ALTERNATIVE FOR LEAVE TO FILE ANSWER TO AMICUS CURIAE BRIEF"
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06/12/2008
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RESPONSE
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PT School Board Of Palm Beach County, Florida PALM BE BY: PT Randall Dale Burks 561101
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FILED AS "RESPONSE TO THE RESPONDENT'S MOTION FOR LEAVE TO FILE AN ANSWER BRIEF ANSWERING AN AMICUS CURIAE BRIEF"
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07/07/2008
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ORAL ARGUMENT CALENDAR
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07/07/2008
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ORDER-STRIKE GR
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Upon consideration of Petitioner's Suggestion to Strike the Respondent's Brief Answering an Amicus Curiae Brief, Respondent's Response to Petitioner's Suggestion to Strike the Respondent's Brief Answering an Amicus Curiae Brief and Request in the alternative for Leave to File Answer to Amicus Curiae Brief, and Petitioner's Response to the Respondent's Motion for Leave to File an Answer Brief Answering an Amicus Curiae Brief, it is ordered that the motion for leave to file answer brief answering an amicus curiae brief is granted in part, and the motion to strike is granted. Respondent's answer brief on the merits, filed with this Court on May 16, 2008, and respondent's answer brief on the merits answering the amicus curiae brief, filed with this Court on May 27, 2008, are stricken. Respondent is hereby directed, on or before July 28, 2008, to serve an original and seven copies of an amended answer brief which responds to the petitioner's initial brief and the amicus curiae brief filed by the Florida State Board of Education.
Petitioner's reply brief on the merits was filed with this Court on June 6, 2008, and petitioner shall be allowed to file an amended reply brief within twenty days after service of respondent's amended answer brief, if it so chooses. If petitioner chooses not to file an amended reply brief, it shall notify this Court and the parties in writing.
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07/07/2008
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ORDER-ORAL ARGUMENT RESCHEDULE
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At the direction of the Court, the above case which was scheduled for oral argument on September 10, 2008, has been rescheduled for oral argument at 9:00 a.m., Wednesday, November 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.
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07/30/2008
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ANSWER AMD BRIEF-MERITS
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RS Survivors Charter Schools, Inc. BY: RS Bryan James Yarnell 88900
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O&7 & E-MAIL
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08/21/2008
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REPLY AMD BRIEF-MERITS
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PT School Board Of Palm Beach County, Florida PALM BE BY: PT Randall Dale Burks 561101
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O&7 & E-MAIL
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10/27/2008
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NOTICE-ADDRESS CHANGE
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RS Survivors Charter Schools, Inc. BY: RS Bryan James Yarnell 88900
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11/03/2008
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NOTICE-SUPPLEMENTAL AUTHORITY
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PT School Board Of Palm Beach County, Florida PALM BE BY: PT Randall Dale Burks 561101
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O&7 & E-MAIL ***STRICKEN. SEE ORDER DATED 11/04/2008***
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11/04/2008
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ORDER-SUPP AUTHORITY STRICKEN
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Petitioner's Notice of Supplemental Authority impermissibly contains argument. See Fla. R. App. P. 9.225. The notice is hereby accordingly stricken, but without prejudice to Petitioner to file an amended notice that does not contain argument.
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11/05/2008
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ORAL ARGUMENT HELD
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11/24/2008
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NOTICE-SUPPLEMENTAL AUTHORITY
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PT School Board Of Palm Beach County, Florida PALM BE BY: PT Randall Dale Burks 561101
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(O&7 & E-MAIL) FILED AS PETITIONER'S AMENDED NOTICE OF SUPPLEMENTAL AUTHORITY ***STRICKEN. SEE ORDER DATED 12/22/2008***
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11/24/2008
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MOTION-STRIKE
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PT School Board Of Palm Beach County, Florida PALM BE BY: PT Randall Dale Burks 561101
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(O&7 & E-MAIL) FILED AS "SURVIVOR'S MOTION TO STRIKE SCHOOL BOARD'S AMENDED NOTICE OF SUPPLEMENTAL AUTHORITY"
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11/26/2008
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RESPONSE
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PT School Board Of Palm Beach County, Florida PALM BE BY: PT Randall Dale Burks 561101
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(O&7 & E-MAIL) TO SURVIVORS' MOTION TO STRIKE PETITIONER'S AMENDED NOTICE OF SUPPLEMENTAL AUTHORITY
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12/22/2008
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ORDER-STRIKE GR
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Survivors' Motion to Strike School Board's Amended Notice of Supplemental Authority, filed November 24, 2008, is granted and Petitioner's Amended Notice of Supplemental Authority, filed November 24, 2008, is hereby stricken.
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02/12/2009
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NOTICE-ADDRESS CHANGE
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RS Survivors Charter Schools, Inc. BY: RS Bryan James Yarnell 88900
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02/27/2009
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DISP-QUASHED & REMANDED
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Accordingly, we quash the decision of the Fourth District Court of Appeal and remand for proceedings consistent with this opinion. We further reverse the order of the district court that awarded prevailing party attorney's fees to Survivors.
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03/26/2009
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MANDATE
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CC: COUNSEL
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03/30/2009
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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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16 VOLUMES RECORD (VOLUMES 1-8 FOR 4D06-2378 AND VOLUMES 1-8 FOR 4D06-2379), AND 1 VOLUME BRIEFS. (1 BOX)
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08/24/2009
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ORDER-ATTY FEES DY (J/M/O)
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Respondent, Survivors Charter Schools, Inc.'s motion for attorneys' fees is hereby denied.
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09/15/2009
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