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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02/15/2007
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NOTICE-DISCRETIONARY JURIS (CERT GPI)
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PT Michael Gisi BY: WD Charles E. Lykes, Jr. 291341
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FILED AS A "NOTICE OF APPEAL" AND TREATED AS A NOTICE TO INVOKE DISCRETIONARY JURSIDCTION (TWO UNCERTIFIED COPIES REC'D 2/12/07)
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02/15/2007
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NOTICE-DISCRETIONARY JURIS (CERT GPI)
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PT Michael Gisi BY: PT Michael Gisi
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(2/23/07: STRICKEN AS UNAUTHORIZED)
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02/23/2007
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No Fee - Insolvent
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INSOLVENT BELOW
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02/23/2007
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ORDER-STRIKE
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The notice to invoke discretionary jurisdiction filed with this Court on February 15, 2007, by petitioner Michael Gisi, is hereby stricken as unauthorized as the notice was timely filed by counsel. Please be advised that all future filings need to be made though petitioner's counsel only.
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02/28/2007
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LETTER
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Hon. James Birkhold BY: Hon. James Birkhold
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DATED 02/26/2007 W/COPY OF MOTION-PROCEED IN FORMA PAUPERIS FILED IN DCA-2
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03/08/2007
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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 April, 2, 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. 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. The Clerk of the Second District Court of Appeal shall file the original record which shall be properly indexed and paginated on or before May 7, 2007. The record shall include the briefs filed in the district court separately indexed.
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03/15/2007
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MOTION-COUNS DISMISSAL
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PT Michael Gisi BY: PT Michael Gisi
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FILED PRO SE BY PETITIONER (03/26/2007 - COPY FILED FROM DCA)
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03/21/2007
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RECORD/TRANSCRIPT
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Hon. James Birkhold BY: Hon. James Birkhold
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1 VOL. BRIEFS, 1 VOL. RECORD, & CERT. OF CLERK
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04/04/2007
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INITIAL BRIEF-MERITS
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PT Michael Gisi BY: WD Charles E. Lykes, Jr. 291341
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W/APPENDIX (O&7 & E-MAIL) (CONCLUSION MORE THAN ONE PAGE LONG, APPENDIX DOES NOT CONTAIN A COPY OF DCA DECISION)
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04/04/2007
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NOTICE-INQUIRY
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PT Michael Gisi BY: PT Michael Gisi
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RE: MOTION TO DISMISS APPELLATE COUNSEL (ADVISED THAT MOTION IS STILL PENDING BEFORE THIS COURT)
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04/04/2007
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REQUEST-ORAL ARGUMENT
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PT Michael Gisi BY: WD Charles E. Lykes, Jr. 291341
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(O&3) FILED AS: "STATEMENT REGARDING ORAL ARGUMENT"
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04/04/2007
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ORDER-BRIEF/APPENDIX STRICKEN (NON-COMPLIANCE)
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Petitioner's initial brief on the merits with appendix, which was filed with this Court on April 4, 2007, does not comply with Florida Rules of Appellate Procedure 9.120(f) and 9.210 and is hereby stricken. Petitioner is hereby directed, on or before April 24, 2007, to serve an original and seven copies of an amended brief in which the conclusion is no more than one page in length. The amended brief shall be accompanied by an appendix that must include a conformed copy of the decision of the district court of appeal.
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04/16/2007
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ORDER-RESPONSE/REPLY REQUESTED
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Michael Gisi has filed a pro se Motion to Discharge Appellate Counsel. Charles E. Lykes, Jr., counsel for petitioner, is hereby requested to serve a response to the above-referenced motion. Further, counsel for respondent has been given the option to respond and said responses shall be served on or before May 7, 2007. Michael Gisi may serve his reply on or before May 17, 2007.
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04/23/2007
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INITIAL AMD BRIEF-MERITS
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PT Michael Gisi BY: WD Charles E. Lykes, Jr. 291341
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W/APPENDIX (O&7) & E-MAIL (STRICKEN-SEE ORDER DATED 10/22/2007)
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05/14/2007
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RESPONSE
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PT Michael Gisi BY: WD Charles E. Lykes, Jr. 291341
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TO 04/16/2007 ORDER
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05/16/2007
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ANSWER BRIEF-MERITS
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RS State Of Florida state1 BY: RS Richard Michael Fishkin 69965
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W/APPENDIX (O&7 & E-MAIL)
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05/18/2007
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REPLY TO RESPONSE
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PT Michael Gisi BY: WD Charles E. Lykes, Jr. 291341
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TO 04/16/2007 ORDER (BY MICHAEL GISI PRO SE)
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05/25/2007
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RESPONSE
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PT Michael Gisi BY: WD Charles E. Lykes, Jr. 291341
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TO REPLY OF APPELLANT (REQ'D MOT TO ACCEPT)
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05/31/2007
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MOTION-STRIKE
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PT Michael Gisi BY: PT Michael Gisi
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FILED BY PETITIONER PRO SE "REPLY TO RESPONSE TO APPELLANT AND MOTION TO STRIKE/WITHDRAW BRIEF"
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06/04/2007
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MOTION-COUNS WITHDRAWAL
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PT Michael Gisi BY: WD Charles E. Lykes, Jr. 291341
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07/16/2007
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NOTICE-INQUIRY
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PT Michael Gisi BY: PT Michael Gisi
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FILED PRO SE (07/18/07: ADVISED PETITIONER MOTIONS ARE STILL PENDING)
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08/13/2007
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ORDER-COUNS WITHDRAWAL GR
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The motion to withdraw as attorney of record filed by Charles E. Lykes, Jr., on behalf of petitioner is hereby granted. Petitioner's Pro Se "Motion to Discharge Appellate Counsel" is hereby denied as moot.
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08/13/2007
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ORDER-STRIKE GR
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Upon consideration of Petitioner's Pro Se "Reply to Response to Appellant and Motion to Strike/Withdraw Brief", it is ordered that the motion is denied without prejudice to substituted counsel filing a motion to substitute petitioner's amended initial brief filed April 23, 2007, if substitute counsel is retained. Petitioner is allowed to and including August 21, 2007, in which to serve the reply brief on the merits.
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08/23/2007
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MOTION-EXT OF TIME (REPLY BRIEF-MERITS)
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PT Michael Gisi BY: PT Michael Gisi
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(DENIED AS MOOT-SEE ORDER DATED 10/22/2007)
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08/23/2007
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INITIAL AMD BRIEF-MERITS
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PT Michael Gisi BY: PT Michael Gisi
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(O&7)
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08/23/2007
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MOTION-OTHER SUBSTANTIVE
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PT Michael Gisi BY: PT Michael Gisi
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FILED AS "NOTICE OF APPEARANCE/MOTION TO SUBSTITUTE PETITIONER'S AMENDED INITIAL BRIEF/MOTION TO CLARIFY ORDER OF AUGUST 13, 2007" (SEE ORDER DATED 10/22/2007)
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08/23/2007
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APPENDIX
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PT Michael Gisi BY: PT Michael Gisi
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TO PETITIONER'S AMENDED INITIAL BRIEF (O&7)
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10/22/2007
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ORDER-OTHER SUBSTANTIVE GR
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Petitioner has filed a "Notice of Appearance/Motion to Substitute Petitioner's Amended Initial Brief/Motion to Clarify Order of August 13, 2007." Addressing in turn the three separate aspects of that filing: First, the Court treats petitioner's "Notice of Appearance" as a motion to proceed pro se. So treated, the motion is hereby granted. Second, petitioner's "Motion to Substitute Petitioner's Amended Initial Brief" is hereby granted. The "Amended Appeal Brief of Appellant," filed April 23, 2007, is accordingly stricken, and petitioner's "Pro-Se Petitioner's Substituted Amended Initial Brief," filed August 23, 2007, is hereby accepted and substituted therefore. Respondent shall have to and including November 16, 2007, to serve an amended answer brief on the merits or, alternatively, a notice advising the Court that it will not be amending its "Answer Brief of Appellee" filed May 16, 2007. Petitioner shall have twenty days after service of respondent's amended answer brief on the merits or notice in which to serve a reply brief on the merits. Petitioner's separately-filed "Motion for Extension of Time [to Serve Reply Brief]" is hereby accordingly denied as moot.
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11/19/2007
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MOTION-EXT OF TIME (REPLY BRIEF-MERITS)
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PT Michael Gisi BY: PT Michael Gisi
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11/19/2007
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MOTION-OTHER SUBSTANTIVE
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PT Michael Gisi BY: PT Michael Gisi
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FILED AS "MOTION FOR ORDER COMPELLING SERVICE OF ANSWER BRIEF OF APPELLEE ON APPELLANT/PETITIONER AND IMPOSITION OF SANCTIONS" (DENIED-SEE ORDER DATED 12/10/2007)
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12/03/2007
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NOTICE
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RS State Of Florida state1 BY: RS Richard Michael Fishkin 69965
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NOTICE RESPONDENT WILL NOT FILE AMENDED ANSWER BRIEF (12/06/2007: COPY OF NOTICE TO COURT FILED)
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12/10/2007
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ORDER-EXT OF TIME GR (REPLY BRIEF-MERITS)
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Petitioner's "Motion for Order Compelling Service of Answer Brief of Appellee on Appellant/Petitioner and Imposition of Sanctions" is hereby denied. Enclosed with petitioner's copy of this order is a copy of respondent's answer brief filed May 16, 2007, for petitioner's use in drafting his reply brief. Petitioner's "Motion for Extension of Time" is hereby granted, rendering petitioner's reply brief due to be served by December 31, 2007.
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01/02/2008
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REPLY BRIEF-MERITS
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PT Michael Gisi BY: PT Michael Gisi
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O&7
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01/11/2008
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NOTICE-SUPPLEMENTAL AUTHORITY
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PT Michael Gisi BY: PT Michael Gisi
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O&1 (6 COPIES MADE) (01/29/2009: 1 COPY FILED)
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07/17/2008
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NOTICE-INQUIRY
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PT Michael Gisi BY: PT Michael Gisi
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(ADVISED REPLY BRIEF FILED 01/02/2008 AND CASE IS STILL PENDING)
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01/05/2009
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LETTER-CASE STATUS INQUIRY
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PT Michael Gisi BY: PT Michael Gisi
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DATED 12/24/2008 (01/08/2009: advised case still pending before this court)
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01/29/2009
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DISP-QUASHED & REMANDED
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Accordingly, for the reasons set out in Rabedeau, we answer the certified question in the affirmative, quash the decision under review and remand for further proceedings consistent herewith.
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02/16/2009
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MOTION-REHEARING
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PT Michael Gisi BY: PT Michael Gisi
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FILED AS "MOTION FOR REHEARING AND/OR CLARIFICATION" (RC)
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03/02/2009
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DISP-REHEARING DY
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Petitioner's "Motion for Rehearing and/or Clarification" is hereby denied. (RC)
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05/01/2009
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RECORD/TRANSCRIPT RETURNED
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Hon. James Birkhold BY: Hon. James Birkhold
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1 VOL. BRIEFS, 1 VOL. RECORD
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05/01/2009
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MANDATE
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CC: COUNSEL
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05/15/2009
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ARCHIVES
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file
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