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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