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Doc. Date Docketed Description Filed by Notes
12/01/2008 NOTICE-DISCRETIONARY JURIS (CERT GPI) PT Rafael Vargas BY: PT Marjorie Gadarian Graham 142053
12/08/2008 Filing Fee $300 2008 - 1010049 Amount: $300
12/08/2008 Fee Paid In Full - $300
12/15/2008 NOTICE-AMICUS CURIAE INTENT TO APPEAR MP Roy D. Wasson 332070 BY: MP Roy D. Wasson 332070 BY THE FLORIDA JUSTICE ASSOCIATION
12/15/2008 MAIL RETURNED PE Elizabeth Price BY: PE Elizabeth Price - ACKNOWLEDGEMENT LETTER - FORWARD TIME EXPIRED - FORWARDED TO P.O. BOX 222103, WEST PALM BEACH, FLORIDA 33422-2103
12/16/2008 MAIL RETURNED PE Jimmy Middleton BY: PE Jimmy Middleton - ACKNOWLEDGEMENT LETTER - FORWARD TIME EXPIRED - FORWARDED TO P.O. BOX 222103, WEST PALM BEACH, FLORIDA 33422-2103
02/16/2009 MOTION-STAY (FSC PROCEEDINGS) PT Rafael Vargas BY: PT Marjorie Gadarian Graham 142053 FILED AS "MOTION TO ABATE PROCEEDINGS"
02/24/2009 ORDER-STAY PROCEEDINGS FSC GR Petitioner's Motion to Abate Proceedings is hereby granted and the proceedings in this Court are hereby abated to and including March 31, 2009.
06/03/2009 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 June 29, 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 Fourth District Court of Appeal shall file the original record which shall be properly indexed and paginated on or before August 3, 2009. The record shall include the briefs filed in the district court separately indexed.
06/25/2009 MOTION-EXT OF TIME (INITIAL BRIEF-MERITS) PT Rafael Vargas BY: PT Marjorie Gadarian Graham 142053
06/25/2009 MOTION-TOLL TIME PT Rafael Vargas BY: PT Marjorie Gadarian Graham 142053 FOR SERVICE OF INITIAL BRIEF
06/29/2009 ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS) Petitioner's motion for extension of time is granted and petitioner is allowed to and including July 2, 2009, in which to serve the initial brief on the merits.
07/02/2009 MOTION-AMICUS CURIAE MP Florida Justice Association BY: MP Roy D. Wasson 332070 BY FLORIDA JUSTICE ASSOCIATION IN SUPPORT OF PETITIONER (DOES NOT ADDRESS HOW MOVANT CAN ASSIST THE COURT IN THE DISPOSITION OF THE CASE AND WHETHER ALL PARTIES CONSENT) - SEE ORDER DATED 07/07/2009 (07/27/2009: AMENDED MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF )
07/02/2009 MOTION-EXT OF TIME (INITIAL BRIEF-MERITS) PT Rafael Vargas BY: PT Marjorie Gadarian Graham 142053
07/02/2009 MOTION-TOLL TIME PT Rafael Vargas BY: PT Marjorie Gadarian Graham 142053 FOR SERVICE OF THE INITIAL BRIEF ON THE MERITS
07/07/2009 ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS) Petitioner's motion for extension of time is granted and petitioner is allowed to and including July 13, 2009, in which to serve the initial brief on the merits.
07/07/2009 ORDER-PROPER MOTION The Florida Justice Association's Motion for Leave to File Amicus Curiae Brief Supporting Position of Petitioner filed in this Court on July 2, 2009, does not fully comply with Florida Rule of Appellate Procedure 9.370. Amicus is allowed to and including July 27, 2009, in which to file a proper motion addressing how the movant can assist the court in the disposition of the case and whether all parties consent to the filing of the brief.
07/07/2009 MOTION-AMICUS CURIAE MP Ramon Villanueva BY: MP Barbara Weiss Green 264628 RAMON VILLANUEVA
07/07/2009 AMICUS CURIAE INITIAL BRIEF-MERITS MP Ramon Villanueva BY: MP Barbara Weiss Green 264628 O&7 & E-MAIL
07/09/2009 RECORD/TRANSCRIPT Hon. Marilyn Nemzura Beuttenmuller, Clerk BY: Hon. Marilyn Nemzura Beuttenmuller, Clerk 3 VOLUMES RECORD AND 1 VOLUME BRIEFS
07/14/2009 INITIAL BRIEF-MERITS PT Rafael Vargas BY: PT Marjorie Gadarian Graham 142053 (O&7 & E-MAIL)
07/14/2009 APPENDIX PT Rafael Vargas BY: PT Marjorie Gadarian Graham 142053 TO INITIAL BRIEF (O&7)
07/21/2009 MOTION-EXT OF TIME (ANSWER BRIEF-MERITS) RS Enterprise Leasing Company ENTERPR BY: RS David Clark Borucke 39195
07/21/2009 MOTION-TOLL TIME RS Enterprise Leasing Company ENTERPR BY: RS David Clark Borucke 39195
07/24/2009 ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS) The motion for extension of time by Enterprise Leasing Company is granted and said respondent is allowed to and including August 27, 2009, in which to serve the answer brief on the merits.
07/27/2009 AMICUS CURIAE INITIAL BRIEF-MERITS MP Florida Justice Association BY: MP Roy D. Wasson 332070 0&7 (NOT E-FILED) 08/04/2009: REC'D E-MAIL ***BRIEF STRICKEN *** SEE ORDER DATED 09/25/2009
07/27/2009 APPENDIX MP Florida Justice Association BY: MP Roy D. Wasson 332070 0&7
08/04/2009 ORDER-AMICUS CURIAE GR The motion of Ramon Villanueva for leave to appear as amicus curiae is hereby granted and said amicus curiae is allowed to file brief only in support of petitioner. The brief by the above referenced amicus curiae was filed with this Court on July 7, 2009. 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 to the following address: e-file@flcourts.org. Please take whatever steps are necessary to ensure compliance with this Administrative Order.
08/04/2009 MOTION-AMICUS CURIAE MR The Truck Renting And Leasing Association, Inc. BY: MR Richard P. Schweitzer BY THE TRUCK RENTING AND LEASING ASSOC IN SUPPORT OF RESPONDENT
08/04/2009 MOTION-COUNS PRO HAC VICE (FOREIGN COUNSEL) RICHARD P. SCHWEITZER (DOES NOT STATE "DATE REPRESENTATION COMMENCED" FOR #3 AND DOES NOT STATE "HAS NEVER BEEN A MEMBER OF THE FLORIDA BAR" FOR #11)
08/13/2009 ORDER-COUNSEL PRO HAC VICE DY (FOREIGN COUNSEL) Richard P. Schweitzer's motion for leave to appear pro hac vice, which was filed with this Court on August 4, 2009, does not comply with Florida Rule of Judicial Administration 2.510 and is hereby denied without prejudice to re-file in compliance with said rule. The required contents of the verified motion and the verified form for the motion are contained in rule 2.510. Counsel is expected to include all components in the amended motion and is further expected to answer all questions as set forth in said rule (with the exception of the social security number).
08/18/2009 MAIL RETURNED PE Elizabeth Price BY: PE Elizabeth Price - ORDER DATED 08/13/2009 - FORWARDED TIME EXPIRED P. O. BOX 222103, WPB 33422
08/28/2009 ANSWER BRIEF-MERITS RS Enterprise Leasing Company ENTERPR BY: RS David Clark Borucke 39195 O&7 & E-MAIL
08/28/2009 REQUEST-ORAL ARGUMENT RS Enterprise Leasing Company ENTERPR BY: RS David Clark Borucke 39195
08/31/2009 MOTION-COUNS PRO HAC VICE (FOREIGN COUNSEL) RS Enterprise Leasing Company ENTERPR BY: RS David Clark Borucke 39195 MARK A. PERRY (QUESTION #11 NOT FULLY ANSWERED - DOES NOT STATE "AND HAS NEVER BEEN A MEMBER OF THE FLORIDA BAR")
08/31/2009 MOTION-AMICUS CURIAE MR Avis Budget Group, Inc. BY: MR Mark Alan Perry ON BEHALF OF AVIS BUDGET GROUP, INC. IN SUPPORT OF RESPONDENT (O&7)
09/02/2009 MOTION-COUNS PRO HAC VICE AMD (FOREIGN COUNS) MR The Truck Renting And Leasing Association, Inc. BY: MR Richard P. Schweitzer RICHARD P. SCHWEITZER (W/CHECK NO. 1694 IN THE AMOUNT OF $100.00 FEE)
09/03/2009 MOTION-BRIEF AMENDMENT MP Florida Justice Association BY: MP Roy D. Wasson 332070 FILED AS "FLORIDA JUSTICE ASSOCIATION'S AGREED MOTION FOR LEAVE TO FILE CORRECTED AMICUS CURAIE BRIEF"
09/03/2009 AMICUS CURIAE INITIAL AMD BRIEF-MERITS MP Florida Justice Association BY: MP Roy D. Wasson 332070 FLORIDA JUSTICE ASSOCIATION'S CORRECTED AMICUS BRIEF IN SUPPORT OF PETITIONER (O&7 & E-MAIL)
09/03/2009 ORDER-COUNSEL PRO HAC VICE DY (FOREIGN COUNSEL) Mark A. Perry's motion for leave to appear pro hac vice, which was filed with this Court on August 31, 2009, does not fully comply with Florida Rule of Judicial Administration 2.510 and is hereby denied without prejudice to re-file in compliance with said rule. The required contents of the verified motion and the verified form for the motion are contained in rule 2.510. Counsel is expected to include all components in the amended motion and is further expected to answer all questions as set forth in said rule (with the exception of the social security number).
09/03/2009 MOTION-COUNS PRO HAC VICE (FOREIGN COUNSEL) MR Avis Budget Group, Inc. BY: MR Thomas M. Johnson, Jr. THOMAS M. JOHNSON, JR. (QUESTION #11 NOT FULLY ANSWERED - DOES NOT STATE "AND HAS NEVER BEEN A MEMBER OF THE FLORIDA BAR")
09/04/2009 MOTION-COUNS PRO HAC VICE (FOREIGN COUNSEL) MR Avis Budget Group, Inc. BY: MR Thomas M. Johnson, Jr. THOMAS M. JOHNSON, JR.
09/04/2009 AMICUS CURIAE ANSWER BRIEF-MERITS MR Avis Budget Group, Inc. BY: MR Thomas M. Johnson, Jr. FOR AVIS BUDGET GROUP, INC. AS AMICUS SUPPORTING RESPONDENTS (O&7) NOT E-MAILED ( 10/05/2009: E-FILED)
09/04/2009 AMICUS CURIAE ANSWER BRIEF-MERITS MR The Truck Renting And Leasing Association, Inc. BY: MR Richard P. Schweitzer OF TRUCK RENTING AND LEASING ASSOCIATION, INC. IN SUPPORT OF RESPONDENT ENTERPRISE LEASING COMPANY (0&7 & E-MAIL)
09/10/2009 MOTION-COUNS PRO HAC VICE AMD (FOREIGN COUNS) MR Avis Budget Group, Inc. BY: MR Mark Alan Perry (AMENDED) MARK A. PERRY
09/10/2009 ORDER-COUNSEL PRO HAC VICE DY (FOREIGN COUNSEL) Thomas M. Johnson, Jr.,'s motion for leave to appear pro hac vice, which was filed with this Court on September 4, 2009, does not comply with Florida Rule of Judicial Administration 2.510 and is hereby denied without prejudice to re-file in compliance with said rule. The required contents of the verified motion and the verified form for the motion are contained in rule 2.510. Counsel is expected to include all components in the amended motion and is further expected to answer all questions as set forth in said rule (with the exception of the social security number).
09/10/2009 MOTION-COUNS PRO HAC VICE AMD (FOREIGN COUNS) MR Avis Budget Group, Inc. BY: MR Thomas M. Johnson, Jr. (AMENDED) THOMAS M. JOHNSON, JR.
09/16/2009 MOTION-EXT OF TIME (REPLY BRIEF-MERITS) PT Rafael Vargas BY: PT Marjorie Gadarian Graham 142053 09/21/2009: AMENDED MOTION FILED
09/16/2009 MOTION-TOLL TIME PT Rafael Vargas BY: PT Marjorie Gadarian Graham 142053 FOR SERVICE OF THE REPLY BRIEF ON THE MERITS
09/25/2009 ORDER-AMICUS CURIAE GR "Florida Justice Association's Amended Motion for Leave to File Amicus Curiae Brief Supporting Position of Petitioner" and "Florida Justice Association's Agreed Motion for Leave to File Corrected Amicus Curiae Brief" are both hereby granted. "Florida Justice Association's Corrected Amicus Curiae Brief in Support of Petitioner," filed September 3, 2009, is thus accepted for filing. "Amicus Curiae Brief of the Florida Justice Association in Support of Petitioner," previously filed on July 27, 2009, is accordingly stricken.
09/30/2009 Pro Hac Vice 2009 - 1011933 Amount: $100 PRO HAC VICE BY RICHARD P. SCHWEITZER
09/30/2009 ORDER-EXT OF TIME GR (REPLY BRIEF-MERITS) Petitioner's motion for extension of time is granted and petitioner is allowed to and including October 26, 2009, in which to serve the reply brief on the merits.
09/30/2009 ORDER-AMICUS CURIAE GR The motion for leave to file brief as amicus curiae filed by Avis Budget Group, Inc. is 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 September 4, 2009. 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. Please take whatever steps are necessary to ensure compliance with this Administrative Order.
09/30/2009 ORDER-COUNSEL PRO HAC VICE GR (FOREIGN COUNSEL) The motions to appear pro hac vice filed in the above cause by Mark A. Perry and by Thomas M. Johnson, Jr., on behalf of Avis Budget Group, Inc., are hereby granted contingent upon each counsel's 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 MOTION BEING DENIED.
09/30/2009 ORDER-AMICUS CURIAE GR The motion for leave to file brief as amicus curiae filed by the Truck Renting and Leasing Association, Inc., is 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 September 4, 2009.
09/30/2009 ORDER-COUNSEL PRO HAC VICE GR (FOREIGN COUNSEL) The motion to appear pro hac vice filed in the above cause by Richard P. Schweitzer, on behalf of the Truck Renting and Leasing Association, Inc., is hereby granted and counsel's payment of the $100.00 fee required by section 25.241(3), Florida Statutes (2004), was received by this Court on September 2, 2009.
10/07/2009 LETTER MR Avis Budget Group, Inc. BY: MR Thomas M. Johnson, Jr. DATED 10/06/2009 WITH ENCLOSED $100.00 FEE EACH FOR PRO HAC VICE MOTIONS BY MARK A. PERRY AND THOMAS M. JOHNSON, JR. (CHECK NOS. 36768 & 36769)
10/08/2009 Pro Hac Vice 2009 - 1011982 Amount: $100 PRO HAC VICE - THOMAS M. JOHNSON, JR.
10/08/2009 Pro Hac Vice 2009 - 1011981 Amount: $100 PRO HAC VICE - MARK A. PERRY
10/27/2009 REPLY BRIEF-MERITS PT Rafael Vargas BY: PT Marjorie Gadarian Graham 142053 O&7 & E-MAIL
01/04/2010 ORAL ARGUMENT CALENDAR
01/04/2010 ORDER-OA SCHED (PREV ACCEPTED) The Court previously accepted jurisdiction. The Court will hear oral argument at 9:00 a.m., Monday, March 1, 2010. 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.
02/24/2010 NOTICE-SUPPLEMENTAL AUTHORITY RS Enterprise Leasing Company ENTERPR BY: RS David Clark Borucke 39195 O&7
03/01/2010 MOTION-RECUSAL/DISQUALIFICATION PT Rafael Vargas BY: PT Marjorie Gadarian Graham 142053 O&7
03/01/2010 ORDER-RECUSAL DY The motion for recusal of the Honorable Charles T. Canady filed by the petitioner was submitted to Justice Canady. The motion is hereby denied.
03/01/2010 ORAL ARGUMENT HELD
04/27/2010 NOTICE-SUPPLEMENTAL AUTHORITY RS Enterprise Leasing Company ENTERPR BY: RS David Clark Borucke 39195 W/ APPENDIX (O&7)
04/21/2011 DISP-AFFIRMED Based on the foregoing, we answer the certified question in the affirmative and approve the decision of the district court. We hold that the Graves Amendment preempts section 324.021(9)(b)2, Florida Statutes (2007), and is constitutional.
05/17/2011 MANDATE CC: COUNSEL
05/17/2011 RECORD/TRANSCRIPT RETURNED Hon. Marilyn Nemzura Beuttenmuller, Clerk BY: Hon. Marilyn Nemzura Beuttenmuller, Clerk 3 VOLUMES RECORD AND 1 VOLUME BRIEFS
06/23/2011 USSC CERTIORARI 10A1265 MOT/EXT - GRANTED TO 09/18/2011
08/31/2011 ARCHIVES File
09/19/2011 USSC CERTIORARI 11-364 (NOTIFICATION NOT YET REC'D)
09/19/2011 USSC CERTIORARI 11-364 & PLACED ON DOCKET 09/21/2011
11/28/2011 USSC DISP-CERTIORARI DY 10A1265 FILED ON 12/02/2011