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Doc. Date Docketed Description Filed by Notes
08/06/2008 NOTICE-DISCRETIONARY JURIS (CERT DIRECT CONFLICT) PT System Component Corporation BY: PT C. Marty Smith 438952
08/08/2008 JURIS INITIAL BRIEF PT System Component Corporation BY: PT C. Marty Smith 438952 (O&5 AND E-MAIL)
08/08/2008 APPENDIX PT System Component Corporation BY: PT C. Marty Smith 438952 (O&5)
08/11/2008 Filing Fee $300 2008 - 1009297 Amount: $300
08/11/2008 Fee Paid In Full - $300
08/27/2008 JURIS ANSWER BRIEF RS Florida Department Of Transportation DOT BY: RS Gregory G. Costas 210285 W/APPENDIX (O&5 & E-MAIL)
09/17/2008 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 October 13, 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 November 17, 2008. The record shall include the briefs filed in the district court separately indexed.
10/13/2008 INITIAL BRIEF-MERITS PT System Component Corporation BY: PT C. Marty Smith 438952 O&5 & E-MAIL (NO APPENDIX) (APPENDIX FILED 10/14/2008)
10/14/2008 APPENDIX PT System Component Corporation BY: PT C. Marty Smith 438952 O&5 (TO INITIAL BRIEF-MERITS)
10/20/2008 MOTION-AMICUS CURIAE DA1 Florida Retail Federation BY: DA1 Monterey Campbell, Iii 11387 FILED AS "MOTION OF FLORIDA PETROLEUM MARKETERS AND CONVENIENCE STORE ASSOCIATIONS, INC., AND FLORIDA RETAIL FEDERATION, INC., FOR LEAVE TO FILE AMICUS CURIAE BRIEF IN SUPPORT OF APPELLANT AND MOTION FOR AN EXTENSION OF TIME TO FILE AMICUS CURIAE BRIEF"
10/22/2008 RESPONSE RS Florida Department Of Transportation DOT BY: RS Gregory G. Costas 210285 TO MOTION OF FLORIDA PETROLEUM MARKETERS AND CONVENIENCE STORE ASSOCIATION, INC., ET AL., FOR LEAVE TO FILE AMICUS CURIAE BRIEF IN SUPPORT OF APPELLANT AND MOTION FOR EXTENSION OF TIME TO FILE AMICUS CURIAE BRIEF" (O&1)
10/22/2008 MOTION-TOLL TIME RS Florida Department Of Transportation DOT BY: RS Gregory G. Costas 210285 FOR SERVICE OF ANSWER BRIEF PEND DISP OF AMICUS CURIAE MOTION
10/31/2008 RECORD/TRANSCRIPT Hon. Susan Wright, Clerk BY: Hon. Susan Wright, Clerk VOLUMES 1 - 38 / 2 VOLUMES SUPPL ROA (2 BOXES)
10/31/2008 ORDER-AMICUS CURIAE DY The Motion of Florida Petroleum Marketers & Convenience Store Association, Inc., and Florida Retail Federation, Inc., for Leave to File Amicus Curaie Brief in Support of Petitioner and Motion for an Extension of Time to File Amicus Curiae Brief is hereby denied.
10/31/2008 ORDER-TOLLING GR Respondent's motion to toll time for filing answer brief on the merits is granted and the time for filing said answer brief is tolled pending resolution of the Motion of Florida Petroleum Marketers & Convenience Store Association, Inc., and Florida Retail Federation, Inc., for Leave to File Amicus Curiae Brief and Motion for Extension of Time. Respondent shall have to and including November 24, 2008, in which to serve the answer brief on the merits. 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.
11/03/2008 RESPONSE PT System Component Corporation BY: PT Ann Melinda Craggs 896837 FILED AS "RESPONSE TO FDOT'S REQUEST TO TOLL TIME AND RESPONSE TO MOTION OF FLORIDA PETROLEUM MARKETERS, ET AL., TO FILE AMICUS CURAIE BRIEF"
11/21/2008 ANSWER BRIEF-MERITS RS Florida Department Of Transportation DOT BY: RS Gregory G. Costas 210285 W/APPENDIX (0&7 & E-MAIL)
12/16/2008 REPLY BRIEF-MERITS PT System Component Corporation BY: PT C. Marty Smith 438952 W/APPENDIX (0&7 & E-MAIL)
01/05/2009 ORDER-OA SCHED (PREV ACCEPTED) The Court previously accepted jurisdiction. The Court will hear oral argument at 9:00 a.m., Wednesday, March 11, 2009. 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.
01/05/2009 ORAL ARGUMENT CALENDAR
03/03/2009 NOTICE-SUPPLEMENTAL AUTHORITY PT System Component Corporation BY: PT Ann Melinda Craggs 896837 O&7
03/11/2009 ORAL ARGUMENT HELD
03/20/2009 NOTICE-SUPPLEMENTAL AUTHORITY PT System Component Corporation BY: PT C. Marty Smith 438952 (2ND) 0&7
03/25/2009 RESPONSE RS Florida Department Of Transportation DOT BY: RS Gregory G. Costas 210285 TO SECOND NOTICE OF SUPPLEMENTAL AUTHORITY (O&7)
07/09/2009 DISP-APPROVED For the reasons provided in our analysis, we approve the decision of the Fifth District Court of Appeal in System Components Corp. v. Department of Transportation, 985 So. 2d 687 (Fla. 5th DCA 2008), and disapprove the decision of the Fourth District in State Department of Transportation v. Tire Centers, LLC, 895 So. 2d 1110 (Fla. 4th DCA 2005). In resolving this conflict, we conclude that when a qualified partial taking destroys a business at its prior location, and the land/business owner chooses to relocate, the resulting business damages must be measured by the probable financial impact reasonably suffered as a result of the taking. Therefore, these business damages must be determined in light of the true economic realities of the given case, which, here, involved a relocated business's continued existence at its new location.
08/03/2009 MANDATE CC: COUNSEL
08/06/2009 RECORD/TRANSCRIPT RETURNED Hon. Susan Wright, Clerk BY: Hon. Susan Wright, Clerk 4 BOXES
09/15/2009 ARCHIVES Files