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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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01/17/2008
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NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT)
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PT Kelly Wallace BY: PT Sharon H. Proctor 12807
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01/25/2008
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JURIS INITIAL BRIEF
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PT Kelly Wallace BY: PT Sharon H. Proctor 12807
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W/APPENDIX (O&5 AND EMAIL)
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01/25/2008
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REQUEST-ORAL ARGUMENT
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PT Kelly Wallace BY: PT Sharon H. Proctor 12807
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(O&1)
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02/04/2008
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Filing Fee $300
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2008 - 1008087 Amount: $300
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02/04/2008
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Fee Paid In Full - $300
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02/15/2008
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JURIS ANSWER BRIEF
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RS Ed Dean, Sheriff BY: RS Bruce Robert Bogan 599565
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WAPPENDIX (O&5 & E-MAIL)
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05/28/2008
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ORDER-JURIS ACCEPT/BRIEF SCHED (OA LATER DATE)
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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 June 23, 2008; 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.
The Clerk of the Fifth District Court of Appeal shall file the original record which shall be properly indexed and paginated on or before July 28, 2008. The record shall include the briefs filed in the district court separately indexed.
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06/18/2008
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MOTION-EXT OF TIME (INITIAL BRIEF-MERITS)
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PT Kelly Wallace BY: PT Sharon H. Proctor 12807
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06/19/2008
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ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS)
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Petitioner's motion for extension of time is granted and petitioner is allowed to and including July 23, 2008, in which to serve the initial brief on the merits.
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07/08/2008
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RECORD/TRANSCRIPT
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Hon. Susan Wright, Clerk BY: Hon. Susan Wright, Clerk
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5 VOLUMES OF RECORD
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07/24/2008
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INITIAL BRIEF-MERITS
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PT Kelly Wallace BY: PT Sharon H. Proctor 12807
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O&7 (NO APPENDIX) REQUESTED (07/28/2008: APPENDIX FILED)
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07/28/2008
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APPENDIX
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PT Kelly Wallace BY: PT Sharon H. Proctor 12807
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(TO INITIAL BRIEF-MERITS) (O&7)
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08/04/2008
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MOTION-EXT OF TIME (ANSWER BRIEF-MERITS)
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RS Ed Dean, Sheriff BY: RS Bruce Robert Bogan 599565
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08/05/2008
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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 September 11, 2008, in which to serve the answer brief on the merits.
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09/11/2008
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ANSWER BRIEF-MERITS
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RS Ed Dean, Sheriff BY: RS Bruce Robert Bogan 599565
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O&7 & E-MAIL
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10/01/2008
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ORDER-OA SCHED (PREV ACCEPTED)
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The Court previously accepted jurisdiction. The Court will hear oral argument at 9:00 a.m., Tuesday, December 2, 2008.
A maximum of thirty 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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10/01/2008
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ORAL ARGUMENT CALENDAR
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10/06/2008
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REPLY BRIEF-MERITS
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PT Kelly Wallace BY: PT Sharon H. Proctor 12807
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O&7 & E-MAIL
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10/06/2008
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MOTION-ATTORNEYS FEES
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PT Kelly Wallace BY: PT Sharon H. Proctor 12807
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O&7
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12/02/2008
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ORAL ARGUMENT HELD
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01/29/2009
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DISP-QUASHED & REMANDED
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For the reasons provided in our analysis, we quash the decision of the Fifth District Court of Appeal in Wallace v. Dean, 970 So. 2d 864 (Fla. 5th DCA 2007), approve and reaffirm the decisions listed in footnote 2, supra, to the extent that they are consistent with our analysis and holding, and conclude that the Sheriff undertook and owed the decedent a common-law duty of care. We further conclude that the actions of his deputies were operational in nature. Consequently, the plaintiff-petitioner's second amended complaint stated a valid negligence-based wrongful-death cause of action, which is not barred by the doctrine of sovereign immunity. We remand for further proceedings consistent with this opinion.
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02/13/2009
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MOTION-REHEARING
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RS Ed Dean, Sheriff BY: RS Bruce Robert Bogan 599565
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O&7 (RC)
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02/18/2009
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ORDER-ATTY FEES GR & REMANDED (PARTY PREVAIL - M/O)
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Petitioner Kelly Wallace's motion for attorneys' fees is provisionally granted and is remanded to the trial court to determine the amount, conditioned on the party prevailing pursuant to applicable statutes, rules and case law.
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02/24/2009
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RESPONSE
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PT Kelly Wallace BY: PT Sharon H. Proctor 12807
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TO MOTION FOR REHEARING (0&7)
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02/25/2009
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DISP-REHEARING DY
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Respondent's Motion for Rehearing is hereby denied. (RC)
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03/13/2009
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RECORD/TRANSCRIPT RETURNED
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Hon. Susan Wright, Clerk BY: Hon. Susan Wright, Clerk
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5 VOLUMES
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03/13/2009
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MANDATE
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CC: COUNSEL
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05/15/2009
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