Doc.
|
Date Docketed
|
Description
|
Filed by
|
Notes
|
|
08/11/2008
|
NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT)
|
PT Wagner, Vaughn, Mclaughlin & Brennan, P.A. BY: PT Joel D. Eaton 203513
|
|
|
08/13/2008
|
Filing Fee $300
|
2008 - 1009306 Amount: $300
|
|
|
08/13/2008
|
Fee Paid in Full
|
|
|
|
08/19/2008
|
JURIS INITIAL BRIEF
|
PT Wagner, Vaughn, Mclaughlin & Brennan, P.A. BY: PT Joel D. Eaton 203513
|
W/APPENDIX (O&5 & E-MAIL)
|
|
08/22/2008
|
MAIL RETURNED
|
|
RS Kennedy Law Group BY: RS Steven L. Hearn 350801 - ACKNOWLEDGEMENT LETTER - UNABLE TO FORWARDED - FORWARDED P.O. BOX 1192, TAMPA, FLORIDA 33601-1192
|
|
09/08/2008
|
JURIS ANSWER BRIEF
|
RS Kennedy Law Group BY: RS Steven L. Hearn 350801
|
O&5 & E-MAIL
|
|
12/31/2008
|
ORDER-JURIS ACCEPTED/BRIEF SCHED
|
|
The Court accepts jurisdiction, but postpones its decision as to whether the above case will be submitted to the Court with or without oral argument.
Petitioner's brief on the merits shall be served on or before January 26, 2009; 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.
The Clerk of the Second District Court of Appeal shall file the original record which shall be properly indexed and paginated on or before March 2, 2009. The record shall include the briefs filed in the district court separately indexed.
|
|
01/14/2009
|
MOTION-EXT OF TIME (INITIAL BRIEF-MERITS)
|
PT Wagner, Vaughn, Mclaughlin & Brennan, P.A. BY: PT Stephen F. Rosenthal 131458
|
|
|
01/16/2009
|
ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS)
|
|
Petitioner's motion for extension of time is granted and petitioner is allowed to and including February 16, 2009, in which to serve the initial brief on the merits.
|
|
01/30/2009
|
RECORD/TRANSCRIPT
|
Hon. James Birkhold BY: Hon. James Birkhold
|
VOLUMES 1 - 6 (1 CONSTRUCTED VOL OF BRIEFS) (1 BOX)
|
|
02/20/2009
|
INITIAL BRIEF-MERITS
|
PT Wagner, Vaughn, Mclaughlin & Brennan, P.A. BY: PT Joel D. Eaton 203513
|
O&7 & E-MAIL
|
|
02/23/2009
|
APPENDIX
|
PT Wagner, Vaughn, Mclaughlin & Brennan, P.A. BY: PT Joel D. Eaton 203513
|
TO PET'S INITIAL BRIEF- MERITS (O&7)
|
|
03/09/2009
|
MOTION-EXT OF TIME (ANSWER BRIEF-MERITS)
|
RS Kennedy Law Group BY: RS Steven L. Hearn 350801
|
|
|
03/09/2009
|
ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS)
|
|
Respondent's motion for extension of time is granted and respondent is allowed to and including March 31, 2009, in which to serve the answer brief on the merits.
|
|
04/02/2009
|
ANSWER BRIEF-MERITS
|
RS Kennedy Law Group BY: RS Steven L. Hearn 350801
|
O&7 & E-MAIL
|
|
04/02/2009
|
APPENDIX
|
RS Kennedy Law Group BY: RS Steven L. Hearn 350801
|
O&7
|
|
04/08/2009
|
MOTION-EXT OF TIME (REPLY BRIEF-MERITS)
|
PT Wagner, Vaughn, Mclaughlin & Brennan, P.A. BY: PT Stephen F. Rosenthal 131458
|
|
|
04/13/2009
|
ORDER-EXT OF TIME GR (REPLY BRIEF-MERITS)
|
|
Petitioner's motion for extension of time is granted and petitioner is allowed to and including May 4, 2009, in which to serve the reply brief on the merits.
|
|
05/07/2009
|
REPLY BRIEF-MERITS
|
PT Wagner, Vaughn, Mclaughlin & Brennan, P.A. BY: PT Stephen F. Rosenthal 131458
|
0&7 & E-MAIL
|
|
06/02/2009
|
ORDER-OA SCHED (PREV ACCEPTED)
|
|
The Court previously accepted jurisdiction. The Court will hear oral argument at 9:00 a.m., Thursday, September 3, 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.
|
|
06/02/2009
|
ORAL ARGUMENT CALENDAR
|
|
|
|
09/03/2009
|
ORAL ARGUMENT HELD
|
|
|
|
12/04/2009
|
MISC. DOCKET ENTRY
|
|
BY: IR Scott Alan Stichter 710679 - COPY "NOTICE OF CASE UNDER CHAPTER 11 OF UNITED STATES BANKRUPTCY CODE AND NOTICE OF AUTOMATIC STAY" FILED IN DCA
|
|
02/01/2010
|
NOTICE
|
RS Scott Alan Stichter 710679 BY: RS Scott Alan Stichter 710679
|
FILED AS "NOTICE OF CASE UNDER CHAPTER 11 OF UNITED STATES BANKRUPTCY CODE AND NOTICE OF AUTOMATIC STAY" (SEE ORDER DATED 02/12/2010)
|
|
02/12/2010
|
ORDER-SHOW CAUSE (MISC)
|
|
Attorney Scott A. Stichter has filed a "Notice of Case Under Chapter 11 of United States Bankruptcy Code and Notice of Automatic Stay" on behalf of respondent. However, Mr. Stichter is not counsel of record in this Court. Respondent is therefore directed to show cause by March 1, 2010, why the notice should not be stricken as unauthorized. Alternatively, by that same date, Mr. Stichter may file a notice of appearance in this Court or respondent's counsel of record in this Court (Steven L. Hearn) may file a notice of adopting Mr. Stichter's filing as his own on behalf of respondent. See generally Fla. R. App. P. 2.505(e)(3).
|
|
03/01/2010
|
NOTICE-APPEARANCE
|
RS Scott Alan Stichter 710679 BY: RS Scott Alan Stichter 710679
|
BY SCOTT A. STICHTER AS CO-COUNSEL ON BEHALF OF KENNEDY LAW GROUP
|
|
03/16/2010
|
ORDER-SHOW CAUSE (MISC)
|
|
Respondent/Debtor has filed a Notice of Case Under Chapter 11 of United States Bankruptcy Code and Notice of Automatic Stay. However, the attorneys' fees proceedings from which the present case arise do not appear to have been against Respondent/Debtor, but rather for Respondent/Debtor. See generally 11 U.S.C. 362(a)(1) (providing in pertinent part that a bankruptcy petition operates as a stay of the "continuation . . . of a judicial, administrative, or other action or proceeding against the debtor") (emphasis added). Specifically, the subject proceedings look to have been brought by Respondent/Debtor primarily through its Petition to Determine Entitlement to Attorneys' Fees and Costs, which the trial court granted by order affirmed by the Second District Court of Appeal and now on review in this Court. As such, Respondent/Debtor does not appear to be entitled to an automatic stay. See generally Taylor v. Barnett Bank, 737 So. 2d 1105 (Fla. 1st DCA 1998) (recognizing that "there is an automatic stay [under 11 U.S.C. § 362(a)], where the original proceedings were 'against the debtor,' regardless of whether the debtor is the appellant or appellee on appeal") (emphasis added). Respondent/Debtor is thus directed to show cause by April 15, 2010, why the Court should not decline to impose an automatic stay of the present proceedings. Petitioner may serve a response by April 30, 2010.
|
|
04/15/2010
|
RESPONSE
|
RS Kennedy Law Group BY: RS Scott Alan Stichter 710679
|
(TO ORDER TO SHOW CAUSE DATED 03/16/10)
|
|
05/03/2010
|
REPLY TO RESPONSE
|
PT Wagner, Vaughn, Mclaughlin & Brennan, P.A. BY: PT Stephen F. Rosenthal 131458
|
(TO ORDER TO SHOW CAUSE DATED 03/16/10)(O&6)
|
|
05/14/2010
|
NOTICE
|
PT Wagner, Vaughn, Mclaughlin & Brennan, P.A. BY: PT Stephen F. Rosenthal 131458
|
FILED AS "NOTICE OF BANKRUPTCY COURT ORDER LIFTING STAY"
|
|
05/27/2010
|
ORDER-OTHER SUBSTANTIVE
|
|
Upon consideration of respondent's response to this Court's order to show cause dated March 16, 2010, petitioner's reply thereto, and the notice of bankruptcy court order lifting stay, this case shall proceed in this Court through resolution on the merits with no further action presently required of the parties.
|
|
04/07/2011
|
DISP-QUASHED & REMANDED
|
|
For the reasons expressed above, we approve in part and quash in part the Second District's decision in Wagner and remand for proceedings to determine reasonable compensation for the survivors' attorneys.
|
|
04/08/2011
|
NOTICE-SCRIVENER'S ERROR
|
PT Wagner, Vaughn, Mclaughlin & Brennan, P.A. BY: PT Joel D. Eaton 203513
|
FILED AS A LETTER DATED 04/07/2011 (05/05/2011: SEE CORRECTED OPINION)
|
|
04/14/2011
|
MAIL RETURNED
|
|
DAVID LAND WHIGHAM - OPINION (04/14/2011: REMAILED TO CORRECT ADDRESS)
|
|
05/05/2011
|
WEST CORRESPONDENCE
|
|
CORRECTED OPINION - 1. On page 1, in the style of the case, the name "Vaughn" in the name of the firm listed as petitioner has been corrected to read "Vaughan."
2. On page 1, line 1 of the opinion, the name "Vaughn" has been corrected to read "Vaughan."
3. On page 2, fourth line from the bottom of the page, the name "Vaughn" has been corrected to read "Vaughan."
4. On page 5, first full paragraph, line 2, the statutory reference "section 768.28" has been corrected to read "section 768.26."
5. On page 6, line 2, "768.28" has been corrected to read "768.26."
6. On page 11, line 2 and in the first line of the second paragraph, "768.28" has been corrected to read "768.26."
|
|
05/18/2011
|
MANDATE
|
|
CC: COUNSEL
|
|
05/18/2011
|
RECORD/TRANSCRIPT RETURNED
|
Hon. James Birkhold BY: Hon. James Birkhold
|
6 VOLUMES RECORD AND 1 VOLUME CONSTRUCTED BRIEFS
|
|
06/07/2011
|
ARCHIVES
|
|
file
|