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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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08/28/2008
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NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT)
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PT Shawn M. Arthur BY: PT Monterey Campbell, Iii 11387
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09/05/2008
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Filing Fee $300
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2008 - 1009456 Amount: $300
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09/05/2008
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Fee Paid In Full - $300
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09/05/2008
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JURIS INITIAL BRIEF
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PT Shawn M. Arthur BY: PT Monterey Campbell, Iii 11387
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W/APPENDIX (O&5) E-MAIL - 09/08/2008
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10/01/2008
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JURIS ANSWER BRIEF
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RS Josette A. Arthur BY: RS Mark A. Neumaier 436208
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O&5 & NO E-MAIL (BRIEF PAGINATED INCORRECTLY & EXCEEDS PAGE LIMIT)
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10/01/2008
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MOTION-ATTORNEYS FEES
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RS Josette A. Arthur BY: RS Mark A. Neumaier 436208
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O&5
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10/02/2008
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ORDER-BRIEF STRICKEN (NON-COMPLIANCE)
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Respondent's jurisdiction brief, which was filed with this Court on October 1, 2008, does not comply with Florida Rule of Appellate Procedure 9.210 and is hereby stricken. Respondent is hereby directed, on or before October 22, 2008, to serve an original and five copies of an amended jurisdiction brief with the table of contents and the citation of authorities only excluded from the computation and should be numbered begining with the statement of case and facts and shall not exceed ten pages in length..
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.
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10/02/2008
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NOTICE-SUPPLEMENTAL AUTHORITY
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PT Shawn M. Arthur BY: PT Monterey Campbell, Iii 11387
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10/17/2008
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JURIS ANSWER AMD BRIEF
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RS Josette A. Arthur BY: RS Mark A. Neumaier 436208
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O&5 & E-MAIL
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01/26/2009
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ORDER-NO REQ&BRIEF SCHED/JURIS ACCEPTED
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The Court accepts jurisdiction and dispenses with oral argument pursuant to Florida Rule of Appellate Procedure 9.320.
Petitioner's brief on the merits shall be served on or before February 20, 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 26, 2009. The record shall include the briefs filed in the district court separately indexed.
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02/13/2009
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RECORD/TRANSCRIPT
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Hon. James Birkhold BY: Hon. James Birkhold
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VOLUMES 1 - 14 RECORD AND 1 VOLUME BRIEFS & E-MAIL (1 BOX)
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02/13/2009
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MOTION-EXT OF TIME (INITIAL BRIEF-MERITS)
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PT Shawn M. Arthur BY: PT Monterey Campbell, Iii 11387
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02/16/2009
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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 March 6, 2009, in which to serve the initial brief on the merits.
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03/06/2009
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INITIAL BRIEF-MERITS
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PT Shawn M. Arthur BY: PT Monterey Campbell, Iii 11387
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W/APPENDIX (0&7 & E-MAIL)
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04/02/2009
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MOTION-EXT OF TIME (JURIS BRIEF)
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RS Josette A. Arthur BY: RS Mark A. Neumaier 436208
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04/06/2009
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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 April 13, 2009, in which to serve the answer brief on the merits.
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04/09/2009
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NOTICE
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RS Josette A. Arthur BY: RS Mark A. Neumaier 436208
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OF UNAVAILABILITY
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04/16/2009
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ANSWER BRIEF-MERITS
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RS Josette A. Arthur BY: RS Mark A. Neumaier 436208
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O&7 & E-MAIL (DID NOT SERVE COUNSEL FOR PETITIONER) REQ'D AMD CERT.OF SERVICE (04/23/2009: AMD CERT.OF SERVICE FILED)
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04/23/2009
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CERTIFICATE OF SERVICE (AMD)
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RS Josette A. Arthur BY: RS Mark A. Neumaier 436208 (TO RESP'S ANSWER BRIEF-MERITS) (O&7)
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05/08/2009
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REPLY BRIEF-MERITS
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PT Shawn M. Arthur BY: PT Kristie Hatcher-Bolin 521388
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O&7 & E-MAIL
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01/14/2010
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DISP-QUASHED & REMANDED
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Based on the above analysis, we quash the Second District's decision in Arthur to the extent it is inconsistent with this opinion, and approve the decisions of the First District in Martinez, Janousek, and Sylvester to the extent they are consistent with the foregoing opinion. We vacate the provision in the final judgment of dissolution permitting the Wife to relocate after twenty months and remand this case to the Second District with directions to remand to the trial court to prohibit relocation, subject to future modification in accordance with our opinion in Wade v. Hirschman, 903 So. 2d 928, 932 (Fla. 2005) ("[U]nless otherwise provided in the final judgment, the two-part substantial change test used in Cooper [v. Gress, 854 So. 2d 262 (Fla. 1st DCA 2003)] applies to modification of all custody agreements."). We deny without prejudice the Wife's motion for appellate court costs, as this motion should be filed with the appropriate trial court pursuant to Florida Rule of Appellate Procedure 9.400 (a).
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01/29/2010
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MOTION-REHEARING
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RS Josette A. Arthur BY: RS Mark A. Neumaier 436208
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(& E-MAIL) (RC) (02/01/10: MOTION REHEARING & AMENDED MOTION FILED)
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02/05/2010
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RESPONSE
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PT Shawn M. Arthur BY: PT Monterey Campbell, Iii 11387
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FILED AS "PETITIONER'S RESPONSE TO RESPONDENT'S AMENDED MOTON FOR REHEARING" (O&7)
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04/12/2010
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LETTER-CANON NOTIFICATION RE: JUSTICE
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RE: JUSTICE CANADY & THOMAS D. HALL (RESPONSES DUE 4/27/2010)
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02/10/2011
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DISP-REHEARING DY IN LIGHT OF REVISED OPINION
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In light of the revised opinion, the Respondent's Amended Motion for Rehearing is hereby denied. (RC)
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03/03/2011
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MANDATE
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CC: COUNSEL
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03/03/2011
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RECORD/TRANSCRIPT RETURNED
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Hon. James Birkhold BY: Hon. James Birkhold
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14 VOLUMES RECORD AND 1 VOLUME CONSTRUCTED BRIEFS
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06/07/2011
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ARCHIVES
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