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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12/01/2008
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NOTICE-DISCRETIONARY JURIS (CERT GPI)
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PT Rafael Vargas BY: PT Marjorie Gadarian Graham 142053
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12/08/2008
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Filing Fee $300
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2008 - 1010049 Amount: $300
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12/08/2008
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Fee Paid In Full - $300
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12/15/2008
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NOTICE-AMICUS CURIAE INTENT TO APPEAR
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MP Roy D. Wasson 332070 BY: MP Roy D. Wasson 332070
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BY THE FLORIDA JUSTICE ASSOCIATION
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12/15/2008
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MAIL RETURNED
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PE Elizabeth Price BY: PE Elizabeth Price - ACKNOWLEDGEMENT LETTER - FORWARD TIME EXPIRED - FORWARDED TO P.O. BOX 222103, WEST PALM BEACH, FLORIDA 33422-2103
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12/16/2008
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MAIL RETURNED
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PE Jimmy Middleton BY: PE Jimmy Middleton - ACKNOWLEDGEMENT LETTER - FORWARD TIME EXPIRED - FORWARDED TO P.O. BOX 222103, WEST PALM BEACH, FLORIDA 33422-2103
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02/16/2009
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MOTION-STAY (FSC PROCEEDINGS)
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PT Rafael Vargas BY: PT Marjorie Gadarian Graham 142053
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FILED AS "MOTION TO ABATE PROCEEDINGS"
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02/24/2009
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ORDER-STAY PROCEEDINGS FSC GR
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Petitioner's Motion to Abate Proceedings is hereby granted and the proceedings in this Court are hereby abated to and including March 31, 2009.
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06/03/2009
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ORDER-JURIS ACCEPTED/BRIEF SCHED
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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.
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06/25/2009
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MOTION-EXT OF TIME (INITIAL BRIEF-MERITS)
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PT Rafael Vargas BY: PT Marjorie Gadarian Graham 142053
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06/25/2009
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MOTION-TOLL TIME
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PT Rafael Vargas BY: PT Marjorie Gadarian Graham 142053
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FOR SERVICE OF INITIAL BRIEF
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06/29/2009
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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 July 2, 2009, in which to serve the initial brief on the merits.
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07/02/2009
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MOTION-AMICUS CURIAE
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MP Florida Justice Association BY: MP Roy D. Wasson 332070
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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 )
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07/02/2009
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MOTION-EXT OF TIME (INITIAL BRIEF-MERITS)
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PT Rafael Vargas BY: PT Marjorie Gadarian Graham 142053
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07/02/2009
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MOTION-TOLL TIME
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PT Rafael Vargas BY: PT Marjorie Gadarian Graham 142053
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FOR SERVICE OF THE INITIAL BRIEF ON THE MERITS
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07/07/2009
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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 July 13, 2009, in which to serve the initial brief on the merits.
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07/07/2009
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ORDER-PROPER MOTION
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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.
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07/07/2009
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MOTION-AMICUS CURIAE
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MP Ramon Villanueva BY: MP Barbara Weiss Green 264628
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RAMON VILLANUEVA
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07/07/2009
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AMICUS CURIAE INITIAL BRIEF-MERITS
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MP Ramon Villanueva BY: MP Barbara Weiss Green 264628
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O&7 & E-MAIL
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07/09/2009
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RECORD/TRANSCRIPT
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Hon. Marilyn Nemzura Beuttenmuller, Clerk BY: Hon. Marilyn Nemzura Beuttenmuller, Clerk
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3 VOLUMES RECORD AND 1 VOLUME BRIEFS
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07/14/2009
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INITIAL BRIEF-MERITS
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PT Rafael Vargas BY: PT Marjorie Gadarian Graham 142053
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(O&7 & E-MAIL)
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07/14/2009
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APPENDIX
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PT Rafael Vargas BY: PT Marjorie Gadarian Graham 142053
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TO INITIAL BRIEF (O&7)
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07/21/2009
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MOTION-EXT OF TIME (ANSWER BRIEF-MERITS)
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RS Enterprise Leasing Company ENTERPR BY: RS David Clark Borucke 39195
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07/21/2009
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MOTION-TOLL TIME
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RS Enterprise Leasing Company ENTERPR BY: RS David Clark Borucke 39195
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07/24/2009
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ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS)
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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.
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07/27/2009
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AMICUS CURIAE INITIAL BRIEF-MERITS
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MP Florida Justice Association BY: MP Roy D. Wasson 332070
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0&7 (NOT E-FILED) 08/04/2009: REC'D E-MAIL ***BRIEF STRICKEN *** SEE ORDER DATED 09/25/2009
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07/27/2009
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APPENDIX
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MP Florida Justice Association BY: MP Roy D. Wasson 332070
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0&7
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08/04/2009
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ORDER-AMICUS CURIAE GR
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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.
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08/04/2009
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MOTION-AMICUS CURIAE
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MR The Truck Renting And Leasing Association, Inc. BY: MR Richard P. Schweitzer
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BY THE TRUCK RENTING AND LEASING ASSOC IN SUPPORT OF RESPONDENT
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08/04/2009
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MOTION-COUNS PRO HAC VICE (FOREIGN COUNSEL)
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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)
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08/13/2009
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ORDER-COUNSEL PRO HAC VICE DY (FOREIGN COUNSEL)
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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).
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08/18/2009
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MAIL RETURNED
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PE Elizabeth Price BY: PE Elizabeth Price - ORDER DATED 08/13/2009 - FORWARDED TIME EXPIRED P. O. BOX 222103, WPB 33422
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08/28/2009
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ANSWER BRIEF-MERITS
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RS Enterprise Leasing Company ENTERPR BY: RS David Clark Borucke 39195
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O&7 & E-MAIL
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08/28/2009
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REQUEST-ORAL ARGUMENT
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RS Enterprise Leasing Company ENTERPR BY: RS David Clark Borucke 39195
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08/31/2009
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MOTION-COUNS PRO HAC VICE (FOREIGN COUNSEL)
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RS Enterprise Leasing Company ENTERPR BY: RS David Clark Borucke 39195
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MARK A. PERRY (QUESTION #11 NOT FULLY ANSWERED - DOES NOT STATE "AND HAS NEVER BEEN A MEMBER OF THE FLORIDA BAR")
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08/31/2009
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MOTION-AMICUS CURIAE
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MR Avis Budget Group, Inc. BY: MR Mark Alan Perry
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ON BEHALF OF AVIS BUDGET GROUP, INC. IN SUPPORT OF RESPONDENT (O&7)
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09/02/2009
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MOTION-COUNS PRO HAC VICE AMD (FOREIGN COUNS)
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MR The Truck Renting And Leasing Association, Inc. BY: MR Richard P. Schweitzer
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RICHARD P. SCHWEITZER (W/CHECK NO. 1694 IN THE AMOUNT OF $100.00 FEE)
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09/03/2009
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MOTION-BRIEF AMENDMENT
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MP Florida Justice Association BY: MP Roy D. Wasson 332070
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FILED AS "FLORIDA JUSTICE ASSOCIATION'S AGREED MOTION FOR LEAVE TO FILE CORRECTED AMICUS CURAIE BRIEF"
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09/03/2009
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AMICUS CURIAE INITIAL AMD BRIEF-MERITS
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MP Florida Justice Association BY: MP Roy D. Wasson 332070
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FLORIDA JUSTICE ASSOCIATION'S CORRECTED AMICUS BRIEF IN SUPPORT OF PETITIONER (O&7 & E-MAIL)
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09/03/2009
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ORDER-COUNSEL PRO HAC VICE DY (FOREIGN COUNSEL)
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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).
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09/03/2009
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MOTION-COUNS PRO HAC VICE (FOREIGN COUNSEL)
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MR Avis Budget Group, Inc. BY: MR Thomas M. Johnson, Jr.
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THOMAS M. JOHNSON, JR. (QUESTION #11 NOT FULLY ANSWERED - DOES NOT STATE "AND HAS NEVER BEEN A MEMBER OF THE FLORIDA BAR")
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09/04/2009
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MOTION-COUNS PRO HAC VICE (FOREIGN COUNSEL)
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MR Avis Budget Group, Inc. BY: MR Thomas M. Johnson, Jr.
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THOMAS M. JOHNSON, JR.
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09/04/2009
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AMICUS CURIAE ANSWER BRIEF-MERITS
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MR Avis Budget Group, Inc. BY: MR Thomas M. Johnson, Jr.
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FOR AVIS BUDGET GROUP, INC. AS AMICUS SUPPORTING RESPONDENTS (O&7) NOT E-MAILED ( 10/05/2009: E-FILED)
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09/04/2009
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AMICUS CURIAE ANSWER BRIEF-MERITS
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MR The Truck Renting And Leasing Association, Inc. BY: MR Richard P. Schweitzer
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OF TRUCK RENTING AND LEASING ASSOCIATION, INC. IN SUPPORT OF RESPONDENT ENTERPRISE LEASING COMPANY (0&7 & E-MAIL)
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09/10/2009
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MOTION-COUNS PRO HAC VICE AMD (FOREIGN COUNS)
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MR Avis Budget Group, Inc. BY: MR Mark Alan Perry
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(AMENDED) MARK A. PERRY
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09/10/2009
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ORDER-COUNSEL PRO HAC VICE DY (FOREIGN COUNSEL)
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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).
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09/10/2009
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MOTION-COUNS PRO HAC VICE AMD (FOREIGN COUNS)
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MR Avis Budget Group, Inc. BY: MR Thomas M. Johnson, Jr.
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(AMENDED) THOMAS M. JOHNSON, JR.
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09/16/2009
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MOTION-EXT OF TIME (REPLY BRIEF-MERITS)
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PT Rafael Vargas BY: PT Marjorie Gadarian Graham 142053
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09/21/2009: AMENDED MOTION FILED
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09/16/2009
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MOTION-TOLL TIME
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PT Rafael Vargas BY: PT Marjorie Gadarian Graham 142053
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FOR SERVICE OF THE REPLY BRIEF ON THE MERITS
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09/25/2009
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ORDER-AMICUS CURIAE GR
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"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.
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09/30/2009
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Pro Hac Vice
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2009 - 1011933 Amount: $100
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PRO HAC VICE BY RICHARD P. SCHWEITZER
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09/30/2009
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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 October 26, 2009, in which to serve the reply brief on the merits.
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09/30/2009
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ORDER-AMICUS CURIAE GR
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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.
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09/30/2009
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ORDER-COUNSEL PRO HAC VICE GR (FOREIGN COUNSEL)
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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.
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09/30/2009
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ORDER-AMICUS CURIAE GR
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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.
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09/30/2009
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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 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.
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10/07/2009
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LETTER
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MR Avis Budget Group, Inc. BY: MR Thomas M. Johnson, Jr.
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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)
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10/08/2009
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Pro Hac Vice
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2009 - 1011982 Amount: $100
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PRO HAC VICE - THOMAS M. JOHNSON, JR.
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10/08/2009
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Pro Hac Vice
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2009 - 1011981 Amount: $100
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PRO HAC VICE - MARK A. PERRY
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10/27/2009
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REPLY BRIEF-MERITS
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PT Rafael Vargas BY: PT Marjorie Gadarian Graham 142053
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O&7 & E-MAIL
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01/04/2010
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ORAL ARGUMENT CALENDAR
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01/04/2010
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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., 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.
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02/24/2010
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NOTICE-SUPPLEMENTAL AUTHORITY
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RS Enterprise Leasing Company ENTERPR BY: RS David Clark Borucke 39195
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O&7
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03/01/2010
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MOTION-RECUSAL/DISQUALIFICATION
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PT Rafael Vargas BY: PT Marjorie Gadarian Graham 142053
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O&7
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03/01/2010
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ORDER-RECUSAL DY
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The motion for recusal of the Honorable Charles T. Canady filed by the petitioner was submitted to Justice Canady. The motion is hereby denied.
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03/01/2010
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ORAL ARGUMENT HELD
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04/27/2010
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NOTICE-SUPPLEMENTAL AUTHORITY
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RS Enterprise Leasing Company ENTERPR BY: RS David Clark Borucke 39195
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W/ APPENDIX (O&7)
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04/21/2011
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DISP-AFFIRMED
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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.
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05/17/2011
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MANDATE
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CC: COUNSEL
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05/17/2011
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RECORD/TRANSCRIPT RETURNED
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Hon. Marilyn Nemzura Beuttenmuller, Clerk BY: Hon. Marilyn Nemzura Beuttenmuller, Clerk
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3 VOLUMES RECORD AND 1 VOLUME BRIEFS
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06/23/2011
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USSC CERTIORARI
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10A1265
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MOT/EXT - GRANTED TO 09/18/2011
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08/31/2011
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ARCHIVES
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File
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09/19/2011
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USSC CERTIORARI
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11-364
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(NOTIFICATION NOT YET REC'D)
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09/19/2011
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USSC CERTIORARI
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11-364
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& PLACED ON DOCKET 09/21/2011
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11/28/2011
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USSC DISP-CERTIORARI DY
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10A1265
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FILED ON 12/02/2011
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