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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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10/03/2008
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NOTICE-DISCRETIONARY JURIS (CERT GPI)
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PT Howard Curd BY: PT Fred Wallace Pope 124449
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10/13/2008
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Filing Fee $300
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2008 - 1009671 Amount: $300
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10/13/2008
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Fee Paid In Full - $300
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10/28/2008
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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 November 24, 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 Second District Court of Appeal shall file the original record which shall be properly indexed and paginated on or before December 29, 2008. The record shall include the briefs filed in the district court separately indexed.
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11/12/2008
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RECORD/TRANSCRIPT
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Hon. James Birkhold BY: Hon. James Birkhold
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1 CERT. OF CLERK, 1 CONSTRUED VOL. BRIEFS & 2 VOLS. RECORD
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11/24/2008
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INITIAL BRIEF-MERITS
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PT Howard Curd BY: PT Fred Wallace Pope 124449
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O&8 & E-MAIL
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11/24/2008
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APPENDIX
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PT Howard Curd BY: PT Fred Wallace Pope 124449
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O&8 TO INITIAL BRIEF-MERITS
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11/24/2008
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REQUEST-ORAL ARGUMENT
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PT Howard Curd BY: PT Fred Wallace Pope 124449
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O&8
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12/09/2008
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MOTION-EXT OF TIME (ANSWER BRIEF-MERITS)
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RS Mosaic Fertilizer, Llc BY: RS David Barnett Weinstein 604410
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12/09/2008
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MOTION-TOLL TIME
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RS Mosaic Fertilizer, Llc BY: RS David Barnett Weinstein 604410
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12/15/2008
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ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS)
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01/20/2009
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ANSWER BRIEF-MERITS
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RS Mosaic Fertilizer, Llc BY: RS David Barnett Weinstein 604410
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O&7 (E-MAIL)
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01/23/2009
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ORDER-BRIEF STRICKEN (NON-COMPLIANCE)
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Respondent's jurisdictional answer brief, which was filed with this Court on January 20, 2009, does not comply with Florida Rule of Appellate Procedure 9.210 and is hereby stricken. Respondent is hereby directed, on or before February 12, 2009, to serve an original and five copies of an amended jurisdictional answer brief which does not exceed ten pages in length. The table of contents and the citation of authorities shall be excluded from the computation. ***VACATED. SEE ORDER DATED 01/26/2009***
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01/26/2009
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ORDER-VACATE
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The order of this Court dated January 23, 2009, striking respondent's jurisdictional answer brief is vacated and respondent's answer brief on the merits is hereby accepted as filed.
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01/26/2009
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MOTION-AMICUS CURIAE
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MR General Dynamics Corporation BY: MR Mark D. Tinker 585165
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FILED AS "MOTION TO FILE INSTANTER BRIEF OF AMICI CURIAE GENERAL DYNAMICS CORP. AND GENERAL DYNAMICS LAND SYSTEMS, INC. IN SUPPORT OF RESPONDENT"
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01/26/2009
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MOTION-AMICUS CURIAE
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MR General Dynamics Land Systems, Inc. BY: MR Mark D. Tinker 585165
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01/26/2009
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AMICUS CURIAE ANSWER BRIEF-MERITS
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MR General Dynamics Corporation BY: MR Mark D. Tinker 585165
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O&7 & E-MAIL
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01/29/2009
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RESPONSE
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RS Mosaic Fertilizer, Llc BY: RS David Barnett Weinstein 604410
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(O&1) FILED AS "OPPOSITION TO MOTION TO FILE BRIEF OF AMICI CURIAE GENERAL DYNAMICS CORP. AND GENERAL DYNAMICS LAND SYSTEMS, INC."
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02/04/2009
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NOTICE
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RS Mosaic Fertilizer, Llc BY: RS David Barnett Weinstein 604410
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OF JUSTICE CANADY'S PARTICIPATION IN PROCEEDING BELOW
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02/05/2009
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RESPONSE
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PT Howard Curd BY: PT Fred Wallace Pope 124449
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(E-MAIL) FILED AS "PETITIONER'S OPPOSITION TO MOTION TO FILE BRIEF OF AMICI CURIAE GENERAL DYNAMICS CORP. AND GENERAL DYNAMICS LAND SYSTEMS, INC."
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02/11/2009
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ORDER-COUNSEL PRO HAC VICE (FOREIGN COUNSEL)
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Any attorney involved in the above case who is not a member of The Florida Bar should immediately file a proper motion pursuant to Florida Rule of Judicial Administration 2.510, if they wish to have this Court consider them as counsel of record. Failure to file a proper motion could result in the imposition of sanctions, including striking the pleading listing the foreign attorney as counsel of record.
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02/11/2009
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ORDER-AMICUS CURIAE GR
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The motion for leave to file brief as amici curiae filed by General Dynamics Corp. and General Dynamics Land Systems, Inc. are hereby granted and they are allowed to file brief only in support of respondent. The brief by the above referenced amicus curiae was filed with this Court on January 26, 2009.
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02/13/2009
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REQUEST-JUDICIAL NOTICE
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PT Howard Curd BY: PT Fred Wallace Pope 124449
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W/ATTACHMENT (O&7 & E-MAIL)
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02/23/2009
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MOTION-COUNS PRO HAC VICE (FOREIGN COUNSEL)
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MR General Dynamics Land Systems, Inc. BY: MR Paul M. Smith
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02/23/2009
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MOTION-COUNS PRO HAC VICE (FOREIGN COUNSEL)
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MR General Dynamics Land Systems, Inc. BY: MR Michelle A Groman
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02/23/2009
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REPLY BRIEF-MERITS
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PT Howard Curd BY: PT Fred Wallace Pope 124449
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O&7 & E-MAIL
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02/24/2009
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ORDER-COUNSEL PRO HAC VICE GR (FOREIGN COUNSEL)
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The motion to appear pro hac vice filed in the above cause by Paul M. Smith and Michelle A. Groman, on behalf of amici curiae General Dynamics Corp. and General Dynamics Land Systems, Inc., are hereby granted contingent upon counsels' payment of the $100.00 fee required by section 25.241(3), Florida Statutes (2004), within ten days from the date of this order. FAILURE TO TIMELY COMPLY WITH THE PAYMENT REQUIREMENT COULD RESULT IN THIS ORDER BEING VACATED AND THE MOTIONS BEING DENIED.
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02/24/2009
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MAIL RETURNED
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MR General Dynamics Land Systems, Inc. BY: MR Michelle Groman ORDERS DATED 02/11/2009, RETURN TO SENDER (02/25/2009: NAME CORRECTED, SENT W/CORRECTED ATTNY.'S NAME)
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02/27/2009
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RESPONSE
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RS Mosaic Fertilizer, Llc BY: RS David Barnett Weinstein 604410
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FILED AS "OPPOSITION TO PETITIONERS' REQUEST FOR JUDICIAL NOTICE"
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03/02/2009
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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., Wednesday, May 6, 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.
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03/02/2009
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ORAL ARGUMENT CALENDAR
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03/02/2009
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LETTER
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MR General Dynamics Land Systems, Inc. BY: MR Mark D. Tinker 585165
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RE: TRANSMITTAL OF PRO HAC VICE FEE FOR PAUL M. SMITH (W/ATTACHMENT)
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03/05/2009
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Pro Hac Vice
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2009 - 1010673 Amount: $100
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PRO HAC VICE FEE FOR PAUL M. SMITH & MICHELLE A. GROMAN
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03/05/2009
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Pro Hac Vice
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2009 - 1010673 Amount: $100
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PRO HAC VICE FEE FOR PAUL M. SMITH & MICHELLE A. GROMAN
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03/05/2009
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LETTER
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MR General Dynamics Land Systems, Inc. BY: MR Mark D. Tinker 585165
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RE: TRANSMITTAL OF PRO HAC VICE FEE FOR MICHELLE A. GROMAN (COPY OF ORDER DATED 02/24/2009)
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03/19/2009
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ORDER-OTHER SUBSTANTIVE GR
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Petitioners' Request for Judicial Notice is hereby granted.
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04/28/2009
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NOTICE-SUPPLEMENTAL AUTHORITY
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RS Mosaic Fertilizer, Llc BY: RS David Barnett Weinstein 604410
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O&7
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05/06/2009
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ORAL ARGUMENT HELD
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05/26/2009
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REQUEST-JUDICIAL NOTICE
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RS Mosaic Fertilizer, Llc BY: RS David Barnett Weinstein 604410
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W/ATTACHMENT
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05/28/2009
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NOTICE-SUPPLEMENTAL AUTHORITY
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RS Mosaic Fertilizer, Llc BY: RS David Barnett Weinstein 604410
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O&7 ***STRICKEN. SEE ORDER DATED 06/23/2009***
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06/10/2009
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RESPONSE
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PT Howard Curd BY: PT Andra T. Dreyfus 276286
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TO RESPONDENT, MOSAIC FERTILIZER, LLC'S REQUEST FOR JUDICIAL NOTICE (O&7)
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06/23/2009
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ORDER-SUPP AUTHORITY STRICKEN
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Respondent's Notice of Supplemental Authority does not comply with Florida Rule of Appellate Procedure 9.225 and is hereby stricken as it contains argument.
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06/30/2009
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NOTICE-SUPPLEMENTAL AUTHORITY
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RS Mosaic Fertilizer, Llc BY: RS David Barnett Weinstein 604410
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05/12/2010
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ORDER-OTHER SUBSTANTIVE DY
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Respondent's Request for Judicial Notice is hereby denied.
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06/17/2010
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DISP-QUASHED
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For the reasons set forth above, we hold that the commercial fishermen have both a statutory and common law cause of action. Accordingly, we answer the certified questions in the affirmative and quash the decision of the Second District.
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07/08/2010
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MANDATE
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CC: COUNSEL
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07/08/2010
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RECORD/TRANSCRIPT RETURNED
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Hon. James Birkhold BY: Hon. James Birkhold
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1 VOL. BRIEFS & 2 VOLS. RECORD
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08/30/2010
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ARCHIVES
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