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Doc. Date Docketed Description Filed by Notes
02/08/2007 NOTICE-DISCRETIONARY JURIS (CERT GPI) PT Emma Murray BY: PT William J. Mccabe 157067
02/08/2007 MOTION-OTHER SUBSTANTIVE PT Emma Murray BY: PT William J. Mccabe 157067 FILED "MOTION TO DETERMINE IF JURISDICTIONAL BRIEF IS DUE AND MOTION FOR EXTENSION OF TIME TO SERVE JURISDICTIONAL BRIEF IF DUE"
02/12/2007 Filing Fee $300 2007 - 1005839 Amount: $300
02/12/2007 Fee Paid In Full - $300
04/17/2007 DISP-REV DY MERITS LACK JURIS (GPI) This cause was also submitted to the Court addressing certain alternative bases for jurisdiction (i.e., statutory or constitutional invalidity). Petitioner's "Motion to Determine if Jurisdictional Brief is Due and Motion for Extension of Time to Serve Jurisdictional Brief if Due" is hereby granted and the parties are ordered to file jurisdictional briefs pursuant to Florida Rule of Appellate Procedure 9.120 as to the validity basis only.
05/07/2007 MOTION-AMICUS CURIAE MP Florida Professional Firefighters, Inc. FPF BY: PT Richard A. Sicking 73747 FILED AS "MOTION OF FLORIDA PROFESSIONAL FIREFIGHTERS, INC., INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, AFL-CIO, FOR LEAVE TO FILE A BRIEF OF AMICUS CURIAE ON BEHALF OF PETITIONER'S POSITION ON JURISDICTION".
05/11/2007 JURIS INITIAL BRIEF PT Emma Murray BY: PT William J. Mccabe 157067 W/APPENDIX (O&5 & E-MAIL)
05/14/2007 AMICUS CURIAE INITIAL BRIEF-MERITS MP Florida Professional Firefighters, Inc. FPF BY: PT Richard A. Sicking 73747 O&5 & E-MAIL; ***BRIEF STRICKEN***
05/16/2007 AMICUS CURIAE INITIAL BRIEF-MERITS MP Voices, Inc. BY: MP Susan Whaley Fox 241547 O&5 & E-MAIL; ***BRIEF STRICKEN***
05/16/2007 MOTION-AMICUS CURIAE MP Voices, Inc. BY: MP Susan Whaley Fox 241547 FILED AS "MOTION OF VOICES, INC., FOR LEAVE TO APPEAR AS AMICUS" ON BEHALF OF PETITIONER
05/17/2007 ORDER-AMICUS CURIAE DY The motion to file brief as amicus curiae filed in the above cause by The Florida Professional Firefighters, Inc., International Association of Fire Fighters, AFL-CIO on behalf of petitioner is hereby denied and the brief of amicus curiae filed with this Court on May 14, 2007, is hereby stricken.
05/17/2007 MOTION-AMICUS CURIAE MR Associated Industries Of Florida BY: MR Rayford Huxford Taylor 184768 BY ASSOCIATED INDUSTRIES OF FLORIDA, INC., AND THE FLORIDA INSURANCE COUNCIL ON BEHALF OF RESPONDENTS'
05/21/2007 ORDER-AMICUS CURIAE DY The motion to file brief as amicus curiae filed in the above cause by Voices, Inc., on behalf of petitioner is hereby denied and the brief of amicus curiae filed with this Court on May 16, 2007, is hereby stricken.
05/23/2007 ORDER-AMICUS CURIAE DY The motion to file brief as amicus curiae filed in the above cause by Associated Industries of Florida, Inc., and Florida Insurance Council on behalf of respondent is hereby denied.
05/30/2007 JURIS ANSWER BRIEF RS Mariner Health/Ace Usa BY: RS John R. Darin, Ii 462070 W/APPENDIX (O&5 & E-MAIL)
09/14/2007 MOTION-BRIEF AMENDMENT RS Mariner Health/Ace Usa BY: RS John R. Darin, Ii 462070 FILED AS "MOTION FOR LEAVE TO FILE RESPONDENTS' AMENDED BRIEF ON JURISDICTION" (E-MAIL)
09/27/2007 ORDER-BRIEF SUPPLEMENTATION DY Respondents' Motion for Leave to File Respondents' Amended Brief on Jurisdiction is hereby denied.
10/30/2007 ORDER-OA&BRIEF SCHED/JURIS ACCEPTED The Court accepts jurisdiction of this case and will hear oral argument at 9:00 a.m., Wednesday, April 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. Petitioner's brief on the merits shall be served on or before November 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 December 31, 2007. The record shall include the briefs filed in the district court separately indexed.
10/30/2007 ORAL ARGUMENT CALENDAR
11/07/2007 MISC. DOCKET ENTRY FILED AS "ACKNOWLEDGMENT OF PRESENCE AT ORAL ARGUMENT" - RS Mariner Health/Ace Usa BY: RS John R. Darin, Ii 462070
11/13/2007 MOTION-AMICUS CURIAE MR Zenith Insurance Company BY: MR William H. Rogner 857629
11/13/2007 MOTION-AMICUS CURIAE MRI Florida Insurance Council BY: MR Rayford Huxford Taylor 184768 (O&1)
11/13/2007 MOTION-AMICUS CURIAE MP David Singleton BY: MP Roy D. Wasson 332070 (O&7)
11/14/2007 MOTION-EXT OF TIME (INITIAL BRIEF-MERITS) PT Emma Murray BY: PT William J. Mccabe 157067
11/14/2007 MISC. DOCKET ENTRY FILED AS "ACKNOWLEDGMENT OF PRESENCE AT ORAL ARGUMENT" - PT Emma Murray BY: PT Bill Mccabe 157067
11/16/2007 ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS) Petitioner's motion for extension of time is granted and petitioner is allowed to and including December 11, 2007, 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.
11/19/2007 MOTION-AMICUS CURIAE MP Florida Justice Association BY: MP Lee Barry Keyfetz 42658 FILED AS AGREED MOTION TO PERMIT FILING OF BRIEF AMICUS
11/19/2007 RESPONSE RS Mariner Health/Ace Usa BY: RS John R. Darin, Ii 462070 TO DAVID SINGLETON'S MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF SUPPORTING POSITION OF PETITIONER
11/21/2007 ORDER-AMICUS CURIAE GR The motions for leave to file briefs as amicus curiae filed by David Singleton and Florida Justice Association are hereby granted and they are allowed to file brief only in support of petitioner. The briefs by the above referenced amicus curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c). The motions for leave to file briefs as amicus curiae filed by Zenith Insurance Company and Florida Insurance Council are hereby granted and they are allowed to file brief only in support of respondent. The briefs by the above referenced amicus curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
11/30/2007 MOTION-AMICUS CURIAE MR Seminole County School Board BY: MR Marcia K. Lippincott 168678 (CERT. OF SERVICE DOES NOT REFLECT SERVICE ON ATTY. ROY WASSON, ATTY. WILLIAM H. ROGNER, ATTY. L. BARRY KEYFETZ, ATTY. RAYFORD TAYLOR, ATTY. THOMAS KOVAL, AND ATTY. MARY ANN STILES)
12/03/2007 MOTION-AMICUS CURIAE MR Florida Association Of Self Insurance, Inc. BY: MR Scott B. Miller 832730 (CERT. OF SERVICE DOES NOT REFLECT SERVICE ON ATTY. ROY WASSON, ATTY. WILLIAM H. ROGNER, ATTY. L. BARRY KEYFETZ, ATTY. RAYFORD TAYLOR, ATTY. THOMAS KOVAL, AND ATTY. MARY ANN STILES) (12/13/2007, MOTION FILED W/AMD. CERT. OF SERVICE)
12/03/2007 MOTION-AMICUS CURIAE MP Voices, Inc. BY: MP Susan Whaley Fox 241547 (CERT. OF SERVICE DOES NOT REFLECT SERVICE ON ATTY. ROY WASSON, ATTY. WILLIAM H. ROGNER, ATTY. L. BARRY KEYFETZ, ATTY. RAYFORD TAYLOR, ATTY. THOMAS KOVAL, AND ATTY. MARY ANN STILES)
12/05/2007 MOTION-AMICUS CURIAE MP Florida Workers Advocates BY: MP Barbara Ballow Wagner 341606 (CERT. OF SERVICE DOES NOT REFLECT SERVICE ON ATTY. ROY WASSON, ATTY. WILLIAM H. ROGNER, ATTY. L. BARRY KEYFETZ, ATTY. RAYFORD TAYLOR, ATTY. THOMAS KOVAL, AND ATTY. MARY ANN STILES) (12/11/2007, MOTION FILED W/AMD. CERT. OF SERVICE)
12/07/2007 ORDER-CERTIFICATE OF SERVICE COMPLIANCE All pleadings filed in this Court must contain a Certificate of Service stating the names and addresses of those served and, if served on an attorney, the name of the party that attorney represents. See Fla. R. App. P. 9.420. The motions for leave to file amicus curiae briefs filed by Seminole County School Board and Preferred Governmental Claims Solutions, Florida Association of Self Insurance, Inc., Voices, Inc., and Florida Workers' Advocates, was not served on Attorney Roy D. Wasson (counsel for amicus curiae, David Singleton), Attorney William H. Rogner (counsel for amicus curiae, Zenith Insurance Company), Attorney L. Barry Keyfetz (counsel for amicus curiae, Florida Justice Association), and Attorney Rayford H. Taylor, Attorney Thomas A. Koval, and Attorney Mary Ann Stiles (counsel for amicus curiae, Florida Insurance Council); and the motion for leave to file amicus curiae brief filed by Associated Industries of Florida, Inc., was not served on Attorney Roy D. Wasson (counsel for amicus curiae, David Singleton), Attorney William H. Rogner (counsel for amicus curiae, Zenith Insurance Company), and Attorney L. Barry Keyfetz (counsel for amicus curiae, Florida Justice Association). Please immediately provide this Court with amended Certificates of Service.
12/07/2007 MOTION-AMICUS CURIAE MR Florida Justice Reform Institute BY: MR George N. Meros 263321
12/07/2007 MOTION-AMICUS CURIAE MR Associated Industries Of Florida BY: MR Rayford Huxford Taylor 184768 (12/12/2007: MOTION FILED W/AMD. CERT. OF SERVICE)
12/10/2007 MOTION-AMICUS CURIAE MR Florida Hospitality Mutual Insurance Company BY: MR Carol M Folsom 472735 (CERT. OF SERVICE DOES NOT REFLECT SERVICE ON ATTY. ROY WASSON, ATTY. WILLIAM H. ROGNER, ATTY. L. BARRY KEYFETZ, ATTY. RAYFORD TAYLOR, ATTY. THOMAS KOVAL, AND ATTY. MARY ANN STILES)
12/10/2007 MOTION-AMICUS CURIAE NPAC Workers' Compensation Section Of The Florida Bar BY: NPAC Mark L. Zientz 150168 (CERT. OF SERVICE DOES NOT REFLECT SERVICE ON ATTY. ROY WASSON, ATTY. WILLIAM H. ROGNER, ATTY. L. BARRY KEYFETZ, ATTY. RAYFORD TAYLOR, ATTY. THOMAS KOVAL, AND ATTY. MARY ANN STILES) (12/13/2007, MOTION FILED W/AMD. CERT. OF SERVICE)
12/11/2007 CERTIFICATE OF SERVICE (AMD) FOR MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF - MR Seminole County School Board BY: MR Marcia K. Lippincott 168678
12/11/2007 ORDER-CERTIFICATE OF SERVICE COMPLIANCE All pleadings filed in this Court must contain a Certificate of Service stating the names and addresses of those served and, if served on an attorney, the name of the party that attorney represents. See Fla. R. App. P. 9.420. The motions for leave to file amicus curiae briefs filed by Florida Hospitality Mutual Insurance Company and the Chair of the Workers' Compensation Section of The Florida Bar were not served on Attorney Roy D. Wasson (counsel for amicus curiae, David Singleton), Attorney William H. Rogner (counsel for amicus curiae, Zenith Insurance Company), Attorney L. Barry Keyfetz (counsel for amicus curiae, Florida Justice Association), and Attorney Rayford H. Taylor, Attorney Thomas A. Koval, and Attorney Mary Ann Stiles (counsel for amicus curiae, Florida Insurance Council). Please immediately provide this Court with amended Certificates of Service.
12/12/2007 MOTION-AMICUS CURIAE MP Florida Police Benevolent Association BY: MP Todd Joseph Sanders 860920 FILED AS " MOTION OF THE FLORIDA POLICE BENEVOLENT ASSOCIATION FOR LEAVE TO FILE AMICUS CURIAE BRIEF SUPPORTING POSITION OF PETITIONER"
12/12/2007 AMICUS CURIAE INITIAL BRIEF-MERITS MP Florida Justice Association BY: MP Lee Barry Keyfetz 42658 W/APPENDIX (O&7 & E-MAIL)
12/13/2007 INITIAL BRIEF-MERITS PT Emma Murray BY: PT William J. Mccabe 157067 (O&7 & E-MAIL) (NO APPENDIX)
12/13/2007 ORDER-AMICUS CURIAE GR The motions for leave to file brief as amicus curiae filed by Voices, Inc. and Florida Workers' Advocates are hereby granted and they are allowed to file brief only in support of petitioner. The brief by the above referenced amicus curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c). The motions for leave to file brief as amicus curiae filed by Seminole County School Board and Preferred Governmental Claims Solutions; Florida Association of Self Insurance, Inc.; Florida Justice Reform Institute, Florida A.G.C. Council, Inc., Associated Builders and Contractors of Florida, Inc., Florida Retail Federation, National Federation of Independent Business Legal Foundation, and Florida Transportation Builders Association, Inc.; and Associated Industries of Florida, Inc. are hereby granted and they are allowed to file brief only in support of respondent. The brief by the above referenced amicus curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
12/13/2007 MOTION-ATTORNEYS FEES PT Emma Murray BY: PT William J. Mccabe 157067 (O&7)
12/13/2007 RECORD/TRANSCRIPT Jon S. Wheeler BY: Jon S. Wheeler 2 VOLUMES OF RECORD; 1 VOLUME CERTIFIED COPIES OF APPEAL PAPERS; 4 VOLUMES OF BRIEFS - CONSISTING OF INITIAL, ANSWER, REPLY & CROSS-REPLY; & E-MAILS OF ANSWER & CROSS-REPLY BRIEFS
12/14/2007 MOTION-AMICUS CURIAE MP Florida Professional Firefighters, Inc. FPF BY: PT Richard A. Sicking 73747 (O&8) FILED AS "MOTION OF FLORIDA PROFESSIONAL FIREFIGHTERS, INC. AND INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, AFL-CIO, FOR LEAVE TO FILE A BRIEF OF AMICUS CURIAE ON BEHALF OF PETITIONER'S POSITION ON THE MERITS"
12/14/2007 AMICUS CURIAE INITIAL BRIEF-MERITS MP Florida Professional Firefighters, Inc. FPF BY: PT Richard A. Sicking 73747 O&8 & E-MAIL (NO CONCISE STATEMENT OF THE IDENTITY OF THE AMICUS CURIAE AND ITS INTEREST IN THE CASE PURSUANT TO RULE 9.370)
12/17/2007 CERTIFICATE OF SERVICE (AMD) FOR MOTION FOR LEAVE TO FILE AMICUS CURIAE - A1 Voices, Inc. BY: DA1 Wendy S. Loquasto 763195
12/17/2007 APPENDIX PT Emma Murray BY: PT William J. Mccabe 157067 TO INITIAL BRIEF (O&7)
12/17/2007 AMICUS CURIAE INITIAL BRIEF-MERITS NPAC Workers' Compensation Section Of The Florida Bar BY: NPAC Mark L. Zientz 150168 (O&7 & E-MAIL)
12/17/2007 MOTION-ACCEPTANCE AS TIMELY FILED (BRIEF) MP Florida Police Benevolent Association BY: MP Todd Joseph Sanders 860920 FILED AS "MOTION OF THE FLORIDA POLICE BENEVOLENT ASSOCIATION TO ACCEPT ITS AMICUS CURIAE BRIEF SUPPORTING POSTITION OF PETITIONER (O&1) (NOT SIGNED) (12/20/2007, SIGNED ORIGINAL FILED)
12/17/2007 AMICUS CURIAE INITIAL BRIEF-MERITS MP Florida Police Benevolent Association BY: MP Todd Joseph Sanders 860920 (O&7 & E-MAIL) (NO CONCISE STATEMENT OF THE IDENTITY OF THE AMICUS CURIAE AND ITS INTEREST IN THE CASE PURSUANT TO RULE 9.370) ***STRICKEN-SEE ORDER DATED 12/21/2007***
12/18/2007 AMICUS CURIAE INITIAL AMD BRIEF-MERITS MP Florida Workers Advocates BY: MP Barbara Ballow Wagner 341606 O&7 & E-MAIL
12/19/2007 MOTION-EXT OF TIME (ANSWER BRIEF-MERITS) RS Mariner Health/Ace Usa BY: RS John R. Darin, Ii 462070 UNOPPOSED
12/19/2007 RESPONSE RS Mariner Health/Ace Usa BY: RS John R. Darin, Ii 462070 TO MOTION FOR ATTORNEY'S FEES (O&7)
12/19/2007 CERTIFICATE OF SERVICE (AMD) FOR MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF - MP Florida Police Benevolent Association BY: MP Todd Joseph Sanders 860920 (O&1)
12/19/2007 MOTION-BRIEF AMENDMENT MP Florida Professional Firefighters, Inc. FPF BY: PT Richard A. Sicking 73747 FILED AS "MOTION OF FLORIDA PROFESSIONAL ASSOCIATION OF FIRE FIGHTERS, AFL-CIO, FOR LEAVE TO FILE AN AMENDED BRIEF OF AMICUS CURIAE ON BEHALF OF PETITIONER'S POSITION ON THE MERITS"
12/19/2007 AMICUS CURIAE INITIAL AMD BRIEF-MERITS MP Florida Professional Firefighters, Inc. FPF BY: PT Richard A. Sicking 73747 O&8 & E-MAIL
12/20/2007 CERTIFICATE OF SERVICE (AMD) FOR MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF - MR Florida Hospitality Mutual Insurance Company BY: MR George D. Gabel, Jr. 27220
12/20/2007 AMICUS CURIAE INITIAL BRIEF-MERITS MP David Singleton BY: MP Roy D. Wasson 332070 O&7(NO SOA OR E-MAIL AND BRIEF SERVED 2 DAYS LATE)
12/20/2007 AMICUS CURIAE INITIAL BRIEF-MERITS MP Voices, Inc. BY: MP Susan Whaley Fox 241547 (O&7 & EMAIL)
12/20/2007 NOTICE-APPEARANCE RS Mariner Health/Ace Usa BY: RS Cheryl Lorraine Wilke 893780 AS CO-COUNSEL
12/21/2007 ORDER-AMICUS CURIAE GR The motion for leave to file brief as amicus curiae filed by the Florida Police Benevolent 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 December 17, 2007; however, said brief does not comply with Florida Rule of Appellate Procedure 9.370(b) and is hereby stricken. The above referenced amicus curiae is hereby directed, on or before December 31, 2007, to file an original and seven copies of an amended amicus curiae brief which includes a concise statement of the identity of the amicus curiae and its interest in the case. The amended motion for leave to file brief as amicus curiae filed by the Workers Compensation Section of The Florida Bar is hereby granted and they are allowed to file brief only, that does not support either party. The brief by the above referenced amicus curiae was filed with this Court on December 17, 2007. The motion for leave to file brief as amicus curiae filed by Florida Hospitality Mutual Insurance Company is hereby granted and they are allowed to file brief only in support of respondent. The brief by the above referenced amicus curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
12/21/2007 ORDER-BRIEF STRICKEN (NON-COMPLIANCE) The amicus curiae brief filed by David Singleton, which was filed with this Court on December 20, 2007, does not comply with Florida Rule of Appellate Procedure 9.210 and is hereby stricken. Said amicus curiae is hereby directed, on or before December 31, 2007, to file an original and seven copies of an amended amicus curiae brief which includes a Summary of Argument. The above brief was not timely served and said amicus curiae is hereby directed, on or before December 31, 2007, to file a proper motion.
12/21/2007 ORDER-ACCEPTANCE AS TIMELY FILED GR (BRIEF) The Motion of the Florida Police Benevolent Association to Accept Its Amicus Curiae Brief Supporting Position of Petitioner is hereby denied as moot as said brief was timely served on December 14, 2007, and filed with this Court on December 17, 2007.
12/21/2007 ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS)
12/21/2007 ORDER-AMICUS CURIAE GR The motion for leave to file brief as amicus curiae filed by the Florida Professional Firefighters, Inc. and International Association of Firefighters, AFL-CIO is hereby granted and they are allowed to file brief only in support of petitioner. The amended brief by the above referenced amicus curiae was filed with this Court on December 19, 2007.
12/21/2007 ORDER-BRIEF AMENDMENT GR The Motion of Florida Professional Firefighters, Inc. and International Association of Firefighters, AFL-CIO for Leave to File an Amended Brief of Amicus Curiae on Behalf of Petitioner's Position on the Merits is granted and said amended brief was filed with this Court on December 19, 2007. The brief filed by the above referenced amicus curiae on December 14, 2007, is hereby stricken.
12/26/2007 CERTIFICATE OF SERVICE (AMD) FOR FLORIDA WORKERS' ADVOCATES AMICUS BRIEF - BY: MP Barbara Wagner 341606
12/26/2007 MOTION-ACCEPTANCE AS TIMELY FILED (BRIEF) MP David Singleton BY: MP Roy D. Wasson 332070 FILED AS "DAVID SINGLETON'S SUGGESTION OF TIMELINESS OF AMICUS BRIEF"
12/26/2007 MOTION-BRIEF AMENDMENT MP Florida Police Benevolent Association BY: MP Todd Joseph Sanders 860920 FILED AS "MOTION OF THE FLORIDA POLICE BENEVOLENT ASSOCIATION TO ACCEPT ITS AMENDED AMICUS BRIEF SUPPORTING POSITION OF PETITIONER" (O&1)
12/26/2007 AMICUS CURIAE INITIAL AMD BRIEF-MERITS MP Florida Police Benevolent Association BY: MP Todd Joseph Sanders 860920 (O&7 & E-MAIL)
12/27/2007 NOTICE-ADDRESS CHANGE MP Voices, Inc. BY: MP Wendy S. Loquasto 763195
12/27/2007 MOTION-BRIEF AMENDMENT MP David Singleton BY: MP Roy D. Wasson 332070 FILED AS "DAVID SINGLETON'S MOTION TO ACCEPT AMENDED AMICUS BRIEF" (O&6)
12/27/2007 AMICUS CURIAE INITIAL AMD BRIEF-MERITS MP David Singleton BY: MP Roy D. Wasson 332070 (O&7 & E-MAIL)
01/10/2008 MOTION-COUNS SUBSTITUTION STIPULATION RS Mariner Health/Ace Usa BY: RS John R. Darin, Ii 462070 FILED AS "STIPULATION FOR SUBSTITUTION OF COUNSEL"
01/11/2008 ORDER-ACCEPTANCE AS TIMELY FILED GR (BRIEF) Amicus Curiae David Singleton's Suggestion of Timeliness of Amicus Brief has been treated as a motion to accept brief as timely filed and is hereby granted. The brief by the above referenced amicus curiae was filed with this Court on December 20, 2007; however, said brief was stricken on December 21, 2007, and the amended brief was filed with this Court on December 27, 2007.
01/11/2008 ORDER-BRIEF AMENDMENT GR Amicus Curiae Florida Police Benevolent Association's motion to file amended amicus curiae brief on the merits is granted and said amended brief was filed with this Court on December 26, 2007. Amicus Curiae David Singleton's motion to file amended amicus curiae brief on the merits is granted and said amended brief was filed with this Court on December 27, 2007.
01/14/2008 NOTICE-APPEARANCE RS Mariner Health/Ace Usa BY: RS John R. Darin, Ii 462070 FILED AS "AMENDED NOTICE OF APPEARANCE REGARDING COUNSEL JOHN R. DARIN ON BEHALF OF APPELLEES/MARINER HEALTH/ACE AMERICAN INSURANCE COMPANY"
01/17/2008 ORDER-COUNS SUBSTITUTION STIPULATION GR The Stipulation for Substitution of Counsel is approved. The law firm of Wicker, Smith, O'Hara, McCoy & Ford, P.A. is hereby allowed to withdraw as counsel of record for respondent and John R. Darin, II, of Znosko & Reas, P.A. is hereby substituted as counsel of record for respondent.
01/28/2008 ANSWER BRIEF-MERITS RS Mariner Health/Ace Usa BY: RS Cheryl Lorraine Wilke 893780 O&7 & E-MAIL (CERT. OF SERVICE NOT DATED)
01/28/2008 AMICUS CURIAE ANSWER BRIEF-MERITS MR Florida Hospitality Mutual Insurance Company BY: MR George Desaussure Gabel 27220 O&7 & E-MAIL
01/29/2008 AMICUS CURIAE ANSWER BRIEF-MERITS MR Florida Justice Reform Institute BY: MR George N. Meros 263321 O&7& E-MAIL
01/29/2008 NOTICE-JOINDER MR Chamber Of Commerce Of The United States Of America BY: MR Andy Bardos 822671 FILED AS "MOTION TO JOIN IN AMICUS BRIEF OF FLORIDA JUSTICE REFORM INSTITUTE, ET AL."
01/30/2008 AMICUS CURIAE ANSWER BRIEF-MERITS MR Zenith Insurance Company BY: MR William H. Rogner 857629 W/APPENDIX (O&7 & E-MAIL)
01/30/2008 CERTIFICATE OF SERVICE (AMD) FOR RESPONDENT'S ANSWER BRIEF DATED 01/25/2008 - RS Mariner Health/Ace Usa BY: RS Cheryl Lorraine Wilke 893780
01/31/2008 AMICUS CURIAE ANSWER BRIEF-MERITS MR Florida Association Of Self Insurance, Inc. BY: MR Scott B. Miller 832730 W/APPENDIX (O&7 & E-MAIL)
01/31/2008 ORDER-OTHER SUBSTANTIVE The Chamber of Commerce of the United States of America and the Florida Chamber of Commerce have filed a Motion for Leave to Join in Amicus Brief of Florida Justice Reform Institute, et al.; however, a proper motion to appear as amicus curiae must be filed on or before February 5, 2008, pursuant to Florida Rule of Appellate Procedure 9.370, and granted before the motion for leave to join will be considered by this Court. The amici curiae brief filed with this Court on January 29, 2008, by the Florida Justice Reform Institute, the Florida A.G.C. Council, Inc., the Associated Builders and Contractors of Florida, Inc., the Florida Retail Federation, the National Federation of Independent Business Legal Foundation, and Florida Transportation Builders Association, Inc., which additionally lists the Chamber of Commerce of the United States of America and the Florida Chamber of Commerce as an amici curiae and lists Robin S. Conrad, as counsel of record for the above referenced amici curiae, has been conditionally accepted as filed, contingent upon the filing of a proper motion to appear as amicus curiae by the Chamber, and a proper motion for leave to appear as foreign counsel on behalf of Robin S. Conrad. If proper motions are not filed and granted, the above amici curiae brief will be stricken and an amended brief will be due immediately, which removes any reference to the Chamber of Commerce of the United States of America and the Florida Chamber of Commerce and/or Robin S. Conrad, whichever applies.
02/04/2008 AMICUS CURIAE ANSWER BRIEF-MERITS MR Seminole County School Board BY: MR Marcia K. Lippincott 168678 O&7 & SERVED 2 DAYS LATE (E-MAIL SENT IN WRONG FORMAT)(2/6/2008: REQUESTED E-MAIL)
02/04/2008 AMICUS CURIAE ANSWER BRIEF-MERITS MR Associated Industries Of Florida BY: MR Rayford Huxford Taylor 184768 W/APPENDIX (O&7 & E-MAIL) SERVED 1 DAY LATE
02/04/2008 MOTION-AMICUS CURIAE MR Chamber Of Commerce Of The United States Of America BY: MR George N. Meros 263321 FILED AS "STIPULATED MOTION FOR LEAVE TO APPEAR AS AMICI CURIAE IN SUPPORT OF RESPONDENT" (02/15/2008: 8 COPIES FILED)
02/04/2008 MOTION-COUNS PRO HAC VICE (FOREIGN COUNSEL) MR Chamber Of Commerce Of The United States Of America BY: RS Robin S. Conrad FILED AS "VERIFIED MOTION FOR ADMISSION TO APPEAR PRO HAC VICE PURSUANT TO FLORIDA RULE OF JUDICIAL ADINISTRATION 2.510" (02/15/2008: 8 COPIES FILED)
02/07/2008 MOTION-ACCEPTANCE AS TIMELY FILED (BRIEF) MR Seminole County School Board BY: MR Marcia K. Lippincott 168678 FILED AS "MOTION TO ACCEPT AMICUS BRIEF OF THE SEMINOLE COUNTY SCHOOL BOARD AND PREFERRED GOVERNMANTAL CLAIMS SOLUTIONS, INC. AS FILED
02/11/2008 MOTION-ACCEPTANCE AS TIMELY FILED (BRIEF) MR Associated Industries Of Florida BY: MR Rayford Huxford Taylor 184768 FILED AS "MOTION TO ACCEPT BELATED BRIEF"
02/15/2008 ORDER-AMICUS CURIAE GR The "Stipulated Motion for Leave to Appear Amici Curiae in Support of Respondent" filed by The Chamber of Commerce of the United States and The Florida Chamber of Commerce is hereby granted and they are allowed to file brief only in support of respondent. The Motion for Leave to Join in Amicus Brief of Florida Justice Reform Institute, et al., filed with this Court on January 29, 2008, by the above referenced amici curiae has been treated as a notice of joinder in the amicus brief filed by the Florida Justice Reform Institute, et al.
02/15/2008 ORDER-COUNSEL PRO HAC VICE GR (FOREIGN COUNSEL) The "Verified Motion for Admission to Appear Pro Hac Vice Pursuant to Florida Rule of Judicial Administration 2.510" filed in the above cause by Robin S. Conrad, on behalf of Amici Curiae, Chamber of Commerce of the United States and the Florida Chamber of Commerce, is hereby granted contingent upon counsel's payment of the $100.00 fee required by section 25.241(3), Florida Statutes (2004), within ten days from the date of this order. FAILURE TO TIMELY COMPLY WITH THE PAYMENT REQUIREMENT COULD RESULT IN THIS ORDER BEING VACATED AND THE MOTION BEING DENIED.
02/15/2008 ORDER-ACCEPTANCE AS TIMELY FILED GR (BRIEF) Amici Curiae, Seminole County School Board and Preferred Governmental Claims Solutions, Inc.'s motion to accept brief as timely filed is granted and their amici brief was filed with this Court on February 4, 2008. Amici Curiae, Associated Industries of Florida and Florida Insurance Council's motion to accept brief as timely filed is granted and their amici brief was filed with this Court on February 4, 2008.
02/19/2008 REPLY BRIEF-MERITS PT Emma Murray BY: PT William J. Mccabe 157067 O&7 & E-MAIL (BRIEF EXCEEDS PAGE LIMIT)
02/20/2008 FEE PAID-PRO HAC VICE (R2008-1008203) MR Florida Chamber Of Commerce BY: RS Robin S. Conrad
02/21/2008 Pro Hac Vice 2008 - 1008203 Amount: $100
02/25/2008 ORDER-BRIEF STRICKEN (NON-COMPLIANCE) Petitioner's reply brief on the merits, which was filed with this Court on February 19, 2008, does not comply with Florida Rule of Appellate Procedure 9.210 and is hereby stricken. Petitioner is hereby directed, on or before March 17, 2008, to serve an original and seven copies of an amended reply brief on the merits which does not exceed fifteen pages in length. The table of contents and the citation of authorities shall be excluded from the computation. A preliminary statement is not required in the contents of a brief; however, if it is included, it must be included in the computation.
03/17/2008 REPLY AMD BRIEF-MERITS PT Emma Murray BY: PT William J. Mccabe 157067 O&7 & E-MAIL
03/20/2008 NOTICE-APPEARANCE PT Emma Murray BY: PT Richard A. Sicking 73747 O&1
04/09/2008 ORAL ARGUMENT HELD
04/14/2008 NOTICE-SUPPLEMENTAL AUTHORITY PT Emma Murray BY: PT Richard A. Sicking 73747 O&7
04/28/2008 NOTICE-SUPPLEMENTAL AUTHORITY RS Mariner Health/Ace Usa BY: RS John R. Darin, Ii 462070 O&7
08/15/2008 NOTICE-SUPPLEMENTAL AUTHORITY MR Associated Industries Of Florida BY: MR Rayford Huxford Taylor 184768 O&7 ***STRICKEN. SEE ORDER DATED 08/26/2008***
08/26/2008 ORDER-SUPP AUTHORITY STRICKEN The Notice of Supplemental Authority filed by Amicus Curiae, Associated Industries of Florida, Inc. is hereby stricken as unathorized as said amicus is only allowed to file brief only in support of respondent, pursuant to this Court's order dated December 13, 2007.
10/23/2008 DISP-QUASHED & REMANDED Since we have resolved the issue presented on the basis of statutory construction, we do not reach the constitutional issues raised by petitioner. We quash the decision of the First District in this case and disapprove its decisions in Lundy, Wood, and Campbell. We direct that this case be remanded to the JCC for entry of an attorney fee award to respondent in the amount of $16,000. Petitioner is also entitled to an award of reasonable attorney fees for the appeal in the First District and this Court. § 440.34(5), Fla. Stat. (2003). The amount of the reasonable appellate attorney fees shall be determined by the JCC.
10/23/2008 ORDER-CASE STYLE CHANGE The style of the above case has been changed from Emma Murray vs. Mariner Health/ACE USA to Emma Murray vs. Mariner Heath Care, Inc. and ACE USA.
11/14/2008 RECORD/TRANSCRIPT RETURNED Jon S. Wheeler BY: Jon S. Wheeler 2 VOLUMES OF RECORD; 4 VOLUMES OF BRIEFS - CONSISTING OF INITIAL, ANSWER, REPLY & CROSS-REPLY; & E-MAILS OF ANSWER & CROSS-REPLY BRIEFS
11/14/2008 MANDATE CC: COUNSEL
11/17/2008 ORDER-ATTY FEES GR (AMT BY TR CT - M/O)
12/18/2008 NOTICE-ADDRESS CHANGE MP David Singleton BY: MP Roy D. Wasson 332070
02/06/2009 ARCHIVES file