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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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10/30/2008
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NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT)
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PT Christy Aills BY: PT Joel D. Eaton 203513
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11/07/2008
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Filing Fee $300
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2008 - 1009831 Amount: $300
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11/07/2008
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Fee Paid In Full - $300
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11/10/2008
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JURIS INITIAL BRIEF
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PT Christy Aills BY: PT Joel D. Eaton 203513
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W/APPENDIX (0&5 & E-MAIL)
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12/01/2008
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JURIS ANSWER BRIEF
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RS Luciano Boemi, M.D. BY: RS Arthur J. England, Jr. 22730
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O&5 & E-MAIL (NO STATEMENT OF CASE & FACTS; NO SUMMARY OF ARGUMENT)
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12/02/2008
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ORDER-BRIEF STRICKEN (NON-COMPLIANCE)
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Respondents' brief on jurisdiction, which was filed with this Court on December 1, 2008, does not comply with Florida Rule of Appellate Procedure 9.210 and is hereby stricken. Respondent is hereby directed, on or before December 22, 2008, to serve an original and five copies of an amended brief on jurisdiction with a statement of case and facts and a summary of the argument with page one beginning with the statement of case and facts and does 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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12/12/2008
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JURIS ANSWER AMD BRIEF
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RS Luciano Boemi, M.D. BY: RS Arthur J. England, Jr. 22730
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O&5 & E-MAIL
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05/21/2009
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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 June 15, 2009; 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 July 21, 2009. The record shall include the briefs filed in the district court separately indexed.
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06/18/2009
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INITIAL BRIEF-MERITS
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PT Christy Aills BY: PT Joel D. Eaton 203513
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O&7 & E-MAIL (NO APPENDIX) REQ'D
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06/18/2009
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MOTION-RECORD SUPPLEMENTATION
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PT Christy Aills BY: PT Joel D. Eaton 203513
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W/ATTACHED TRANSCRIPT DATED 08/14/2006
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06/18/2009
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SUPP RECORD/TRANSCRIPT
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PT Christy Aills BY: PT Joel D. Eaton 203513
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TRANSCRIPT DATED 08/14/2006 (ATTACHED TO MOT SUPPL RECORD)
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06/19/2009
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RECORD/TRANSCRIPT
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Hon. James Birkhold BY: Hon. James Birkhold
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CONSISTING OF 15 VOLUMES OF RECORD, 1 BOX EXHIBITS AND 1 CONSTRUCTED VOLUME OF BRIEFS & E-MAIL (2 BOXES)
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06/19/2009
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MOTION-EXT OF TIME (ANSWER BRIEF-MERITS)
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RS Luciano Boemi, M.D. BY: RS Arthur J. England, Jr. 22730
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FILED AS "APPELLEES' MOTION FOR EXTENSION OF TIME TO SERVE ANSWER BRIEF AND RESPOND TO MOTION TO SUPPLEMENT THE RECORD" (0&7)
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06/19/2009
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MOTION-TOLL TIME
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RS Luciano Boemi, M.D. BY: RS Arthur J. England, Jr. 22730
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TO SERVE ANSWER BRIEF AND RESPOND TO MOTION TO SUPPLEMENT THE RECORD (O&7)
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06/23/2009
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APPENDIX
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PT Christy Aills BY: PT Joel D. Eaton 203513
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(TO PET'S INITIAL BRIEF) O&7
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06/23/2009
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ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS)
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Respondent's Motion for Extension of Time to Serve Answer Brief and Respond to Motion to Supplement the Record is granted and respondent is allowed to and including August 10, 2009, in which to serve the answer brief on the merits and response to motion to supplement the record.
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08/11/2009
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ANSWER BRIEF-MERITS
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RS Luciano Boemi, M.D. BY: RS Arthur J. England, Jr. 22730
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O&7 & E-MAIL
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08/11/2009
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RESPONSE
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RS Luciano Boemi, M.D. BY: RS Arthur J. England, Jr. 22730
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(TO MOTION TO SUPPLEMENT THE RECORD) O&7
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08/17/2009
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MOTION-EXT OF TIME (REPLY BRIEF-MERITS)
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PT Christy Aills BY: PT Joel D. Eaton 203513
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08/20/2009
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ORDER-EXT OF TIME GR (REPLY BRIEF-MERITS)
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Petitioner's motion for extension of time is granted and petitioner is allowed to and including September 14, 2009, in which to serve the reply brief on the merits.
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08/31/2009
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ORDER-RECORD SUPPLEMENTATION GR (MISC)
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Petitioner's motion to supplement the record is granted and the record is hereby supplemented with the transcript of the August 14, 2006, hearing conducted in the trial court.
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09/16/2009
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REPLY BRIEF-MERITS
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PT Christy Aills BY: PT Joel D. Eaton 203513
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O&7 & E-MAIL
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10/01/2009
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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, December 9, 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.
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10/01/2009
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ORAL ARGUMENT CALENDAR
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12/04/2009
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NOTICE-SUPPLEMENTAL AUTHORITY
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PT Christy Aills BY: PT Joel D. Eaton 203513
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O&7
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12/09/2009
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ORAL ARGUMENT HELD
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12/18/2009
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NOTICE-SUPPLEMENTAL AUTHORITY
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RS Luciano Boemi, M.D. BY: RS Arthur J. England, Jr. 22730
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O&7
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02/25/2010
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DISP-QUASHED & REMANDED
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Based on the foregoing, we quash the decision of the district court and remand the case to the Second District for proceedings consistent herewith. On remand, the district court should address the following issues which were raised on appeal but not reached by the district court: (1) Aills' challenge to the trial court order for a remittitur of the past and future noneconomic damages awards; and, (2) Dr. Boemi's objections to the award of future medical expenses.
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02/26/2010
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LETTER
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PT Christy Aills BY: PT Joel D. Eaton 203513
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RE: FACTUAL MISTAKES IN OPINION ISSUED 02/25/10 (O&7)
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03/04/2010
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WEST CORRESPONDENCE
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CORRECTED OPINION - 1.) On page 3, line 1, the figure of $3,250,000 has been corrected to read $750,000. 2.) On page 3, line 2, the figure of $2,500,000 has been corrected to read $1,750,000.
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03/08/2010
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LETTER
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RS Luciano Boemi, M.D. BY: RS Arthur J. England, Jr. 22730
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RE: FACTUAL MISTAKES IN OPINION ISSUED 02/25/2010
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03/11/2010
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LETTER
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PT Christy Aills BY: PT Joel D. Eaton 203513
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IN RESPONSE TO 03/08/2010 LETTER FROM PETITIONER'S COUNSEL (O&7)
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03/25/2010
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MANDATE
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CC: COUNSEL
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05/28/2010
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