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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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12/26/2007
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NOTICE-DISCRETIONARY JURIS (CERT GPI)
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PT Jodi Benjamin BY: PT Rebecca Mercier Vargas 150037
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01/02/2008
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Filing Fee $300
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2008 - 1007851 Amount: $300
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01/02/2008
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Fee Paid In Full - $300
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02/28/2008
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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 March 24, 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 April 28, 2008. The record shall include the briefs filed in the district court separately indexed.
NO CONTINUANCES WILL BE GRANTED EXCEPT UPON A SHOWING OF EXTREME HARDSHIP.
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02/28/2008
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ORAL ARGUMENT CALENDAR
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03/24/2008
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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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1 VOLUME RECORD
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03/25/2008
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INITIAL BRIEF-MERITS
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PT Jodi Benjamin BY: PT Rebecca Mercier Vargas 150037
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W/APPENDIX (O&7 & E-MAIL)
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03/25/2008
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MOTION-ATTORNEYS FEES
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PT Jodi Benjamin BY: PT Rebecca Mercier Vargas 150037
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O&7
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04/02/2008
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MOTION-AMICUS CURIAE
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MR Florida Justice Association BY: MR Philip M. Burlington 285862
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ON BEHALF OF RESPONDENT (DID NOT SERVE ALL PARTIES) 04/04/2008: REQ'D AMD CERTIFICATE OF SERVICE
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04/02/2008
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AMICUS CURIAE ANSWER BRIEF-MERITS
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MR Florida Justice Association BY: MR Philip M. Burlington 285862
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(O&7 & E-MAIL) (DID NOT SERVE ALL PARTIES) 04/04/2008: REQ'D AMD CERTIFICATE OF SERVICE
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04/08/2008
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CERTIFICATE OF SERVICE (AMD)
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MR Florida Justice Association FJA BY: MR Philip M. Burlington 285862 (TO FLORIDA JUSTICE ASSOCIATION AMICUS CURIAE BRIEF)
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04/08/2008
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CERTIFICATE OF SERVICE (AMD)
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MR Florida Justice Association FJA BY: MR Philip M. Burlington 285862 (TO FLORIDA JUSTICE ASSOCIATION MOTION FOR LEAVE TO FILE AN AMICUS CURIAE BRIEF ON BEHALF OF PETITIONER BENJAMIN)
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04/14/2008
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MOTION-EXT OF TIME (ANSWER BRIEF-MERITS)
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RS Tandem Healthcare, Inc. BY: RS Thomas A. Valdez 114952
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04/14/2008
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NOTICE-APPEARANCE
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RS Tandem Healthcare, Inc. BY: RS Thomas A. Valdez 114952
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BY THOMAS A. VALDEZ AS COUNSEL ON BEHALF OF TANDEM HEATHCARE, INC.,
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04/15/2008
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ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS)
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Respondent's motion for extension of time is granted and respondent is allowed to and including April 25, 2008, in which to serve the answer brief on the merits.
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04/21/2008
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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 Justice Association 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 2, 2008.
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04/28/2008
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ANSWER BRIEF-MERITS
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RS Tandem Healthcare, Inc. BY: RS Thomas A. Valdez 114952
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O&7 & E-MAIL
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05/01/2008
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MOTION-AMICUS CURIAE
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MR Florida Health Care Assoc. BY: MR Karen L Goldsmith 274534
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FILED AS "FLORIDA HEATH CARE ASSOCIATION'S MOTION FOR LEAVE TO FILE AMICUS CURAIE BRIEF IN SUPPORT OF RESPONDENT" (O&7)
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05/01/2008
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AMICUS CURIAE ANSWER BRIEF-MERITS
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MR Florida Health Care Assoc. BY: MR Karen L Goldsmith 274534
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O&7 (NOT E-MAILED & NO SUMMMARY OF ARGUMENT) **BRIEF STRICKEN** - SEE ORDER DATED 05/14/2008
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05/14/2008
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ORDER-AMICUS CURIAE GR
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The motion for leave to file brief as amicus curiae filed by Florida Health Care Association is hereby granted. The brief by the above referenced amicus curiae which was filed with this Court on May 1, 2008, does not comply with Florida Rule of Appellate Procedure 9.210(b) and is hereby stricken. Florida Health Care Association is hereby directed, on or before June 3, 2008, to serve an original and seven copies of an amended amicus curiae brief to include a Summary of Argument and does not exceed twenty pages in length.
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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05/19/2008
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MOTION-EXT OF TIME (REPLY BRIEF-MERITS)
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PT Jodi Benjamin BY: PT Rebecca Mercier Vargas 150037
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MOTION WITHDRAWN (SEE 05/28/2008 ORDER)
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05/19/2008
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MOTION-EXT OF TIME (REPLY BRIEF-MERITS)
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PT Jodi Benjamin BY: PT Rebecca Mercier Vargas 150037
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FILED AS "AGREED MOTION FOR PERMISSION TO FILE ONE REPLY BRIEF TO THE ANSWER BRIEF AND AMICUS BRIEF, MOTION FOR EXTENSION OF TIME TO SERVE REPLY BRIEF AFTER SERVICE OF AMICUS BRIEF, AND NOTICE OF WITHDRAWAL OF REQUEST FOR A 5-DAY EXTENSION"
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05/19/2008
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MOTION-TOLL TIME
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PT Jodi Benjamin BY: PT Rebecca Mercier Vargas 150037
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FILED AS "AGREED MOTION TO TOLL BRIEFING SCHEDULE PENDING DISPOSITION OF MOTION FOR EXTENSION OF TIME"
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05/19/2008
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MOTION-TOLL TIME
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PT Jodi Benjamin BY: PT Rebecca Mercier Vargas 150037
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FILED AS "AGREED MOTION TO TOLL BRIEFING SCHEDULE PENDING DISPOSITION OF AGREE MOTION FOR PERMISSION TO FILE ONE REPLY BRIEF TO THE ANSWER BRIEF AND AMICUS BRIEF AND MOTION FOR EXTENSION OF TIME TO SERVE REPLY BRIEF AFTER SERVICE OF AMICUS BRIEF"
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05/28/2008
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ORDER-EXT OF TIME GR (REPLY BRIEF-MERITS)
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Petitioner's Agreed Motion for Permission to File One Reply Brief to the Answer Brief and Amicus Brief, Motion for Extension of Time to Serve Reply Brief after Service of Amicus Brief, and Notice of Withdrawal of Request for a 5-Day Extension is granted. Petitioner is allowed twenty days after service of the amended amicus curaie brief in which to serve one reply brief on the merits to the answer brief and amended amicus curiae brief. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO PETITIONER FOR THE FILING OF THE REPLY BRIEF ON THE MERITS. Petitioner's agreed motion requesting a 5-day extension of time is hereby withdrawn.
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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05/29/2008
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AMICUS CURIAE ANSWER AMD BRIEF-MERITS
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MR Florida Health Care Assoc. BY: MR Jonathan S Grout 296066
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O&7 & E-MAIL
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06/16/2008
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REPLY BRIEF-MERITS
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PT Jodi Benjamin BY: PT Rebecca Mercier Vargas 150037
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O&7 & E-MAIL
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08/28/2008
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NOTICE-SUPPLEMENTAL AUTHORITY
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RS Tandem Healthcare, Inc. BY: RS Thomas A. Valdez 114952
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FILED AS "RESPONDENT'S NOTICE OF REQUEST TO TAKE COMPULSORY JUDICIAL NOTICE AND NOTICE OF SUPPLEMENTAL AUTHORITY UNDER RULE 9.225 OF THE FLORIDA RULES OF APPELLATE PROCEDURE" (****STRICKEN*** - SEE ORDER DATED 09/26/2008)
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09/08/2008
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ORDER-ORAL ARGUMENT RESCHEDULE DY
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09/08/2008
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MOTION-ORAL ARGUMENT RESCHEDULE
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PT Jodi Benjamin BY: PT Rebecca Mercier Vargas 150037
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O&7 & E-MAIL
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09/10/2008
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ORAL ARGUMENT HELD
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09/26/2008
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ORDER-STRIKE
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Respondent's Notice of Request to Take Compulsory Judicial Notice and Notice of Supplemental Authority Under Rule 9.225 of the Florida Rules of Appellate Procedure is hereby stricken.
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11/10/2008
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NOTICE-SUPPLEMENTAL AUTHORITY
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PT Jodi Benjamin BY: PT Rebecca Mercier Vargas 150037
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O&7
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12/23/2008
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DISP-APPROVED
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We conclude that the Fourth District correctly answered the certified question when it held that article X, section 25, does not apply to nursing homes. article X, section 25, referred to section 381.026 in both its "Statement and Purpose" section and its actual text. Accordingly, we hold that it adopted the definitions in section 381.026, approve Tandem Healthcare, and answer the certified question in the negative.
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01/13/2009
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ORDER-ATTY FEES DY (J/M/O)
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Petitioner Jodi Benjamin's motion for attorneys' fees is hereby denied.
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01/26/2009
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MANDATE
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CC: COUNSEL
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01/26/2009
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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 VOLUME
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03/05/2009
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