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Doc. Date Docketed Description Filed by Notes
02/27/2007 NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT) PT Dale Johnson BY: PT David John Mcpherrin 861782
02/28/2007 No Fee - Insolvent INSOLVENT BELOW
03/02/2007 JURIS INITIAL BRIEF PT Dale Johnson BY: PT David John Mcpherrin 861782 O&5 & E-MAIL
03/02/2007 APPENDIX PT Dale Johnson BY: PT David John Mcpherrin 861782 O&5 & E-MAIL
03/19/2007 MOTION-EXT OF TIME (JURIS BRIEF) RS State Of Florida state1 BY: RS Sue-Ellen Kenny 961183
03/22/2007 ORDER-EXT OF TIME GR (JURIS BRIEF-RESPONDENT) Respondent's motion for extension of time is granted and respondent is allowed to and including April 19, 2007, in which to serve the jurisdictional answer brief. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO RESPONDENT FOR THE FILING OF THE JURISDICTIONAL ANSWER BRIEF.
04/19/2007 JURIS ANSWER BRIEF RS State Of Florida state1 BY: RS Sue-Ellen Kenny 961183 O&5 W/APPENDIX & E-MAIL
07/09/2007 ORDER-JURIS ACCEPT/BRIEF SCHED (OA LATER DATE) 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 August 3, 2007; 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. 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 Fourth District Court of Appeal shall file the original record which shall be properly indexed and paginated on or before September 10, 2007. The record shall include the briefs filed in the district court separately indexed.
07/11/2007 ORDER-OA SCHED (PREV ACCEPTED) The Court previously accepted jurisdiction. The Court will hear oral argument at 9:00 a.m., Wednesday, November 7, 2007. 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.
07/26/2007 ORAL ARGUMENT CALENDAR
07/26/2007 ORDER-ORAL ARGUMENT RESCHEDULE At the direction of the Court, the above case which was scheduled for oral argument on November 7, 2007, has been rescheduled for oral argument at 9:00 a.m., Thursday, December 6, 2007. 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.
08/06/2007 INITIAL BRIEF-MERITS PT Dale Johnson BY: PT David John Mcpherrin 861782 O&7 & E-MAIL (NO APPENDIX)
08/09/2007 APPENDIX PT Dale Johnson BY: PT David John Mcpherrin 861782 TO INITIAL BRIEF-MERITS (O&7 & E-MAIL)
08/10/2007 RECORD/TRANSCRIPT Hon. Marilyn Nemzura Beuttenmuller, Clerk BY: Hon. Marilyn Nemzura Beuttenmuller, Clerk 2 VOLUMES; 2 SUPPL VOLUMES; 1 ENVOLOPE & 1 VOLUME DCA BRIEFS (NO E-MAIL)
08/29/2007 ANSWER BRIEF-MERITS RS State Of Florida state1 BY: RS Sue-Ellen Kenny 961183 W/APPENDIX (O&7 & E-MAIL)
09/21/2007 REPLY BRIEF-MERITS PT Dale Johnson BY: PT David John Mcpherrin 861782 O&7 & E-MAIL
11/16/2007 NOTICE-SUPPLEMENTAL AUTHORITY PT Dale Johnson BY: PT David John Mcpherrin 861782 E-MAIL
11/29/2007 NOTICE-SUPPLEMENTAL AUTHORITY RS State Of Florida state1 BY: RS Sue-Ellen Kenny 961183 O&7
12/06/2007 ORAL ARGUMENT HELD
09/18/2008 DISP-APPROVED IN RESULT For the foregoing reasons, we approve the ultimate result of the decision under review but disapprove the reasoning to the extent it is inconsistent with this opinion. In so doing, we approve the decisions in Upton and Tucker.
10/02/2008 MOTION-REHEARING PT Dale Johnson BY: PT David John Mcpherrin 861782 (RC) O&7 & E-MAIL
10/13/2008 RESPONSE RS State Of Florida state1 BY: RS Sue-Ellen Kenny 961183 (O&7) TO MOTION FOR REHEARING
11/06/2008 DISP-REHEARING DY Petitioner's Motion for Rehearing is hereby denied. (RC)
11/06/2008 RECORD/TRANSCRIPT RETURNED 2 VOLUMES; 2 SUPPL VOLUMES; 1 ENVOLOPE & 1 VOLUME DCA BRIEFS
02/06/2009 ARCHIVES file