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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10/26/2009
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NOTICE-DISCRETIONARY JURIS (CERT DIRECT CONFLICT)
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PT State Of Florida state1 BY: PT Helene S. Parnes 955825
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W/ATTACHMENTS
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10/26/2009
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No Fee - State
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11/03/2009
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JURIS INITIAL BRIEF
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PT State Of Florida state1 BY: PT Helene S. Parnes 955825
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W/APPENDIX (O&5 & E-MAIL)
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11/16/2009
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MOTION-STAY (PROCEEDINGS BELOW)
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PT State Of Florida state1 BY: PT Sara E. Macks 19122
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FILED AS "MOTION FOR REVIEW OF AN ORDER DENYING STAY OR, IN THE ALTERNATIVE, MOTION TO STAY THE MANDATE"
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11/17/2009
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RESPONSE
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RS Michelle Bowers BY: RS Christopher E. Cosden 813478
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TO STATE'S MOTION TO STAY MANDATE (0&5 & E-MAIL)
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11/18/2009
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JURIS ANSWER BRIEF
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RS Michelle Bowers BY: RS Christopher E. Cosden 813478
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O&5 & E-MAIL
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11/30/2009
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ORDER-STAY PROCEEDINGS BELOW GR
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Petitioner's motion to stay filed in the above cause is granted and proceedings in the Second District Court of Appeal and in the Circuit Court of the Twentieth Judicial Circuit in and for Lee County, Florida, are hereby stayed pending disposition of the petition for review filed herein.
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11/30/2009
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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 December 28, 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 January 29, 2010. The record shall include the briefs filed in the district court separately indexed.
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11/30/2009
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NOTICE-FILING
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RS Michelle Bowers BY: RS Christopher E. Cosden 813478
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OF THE ORDER OF THE SECOND DISTRICT COURT OF APPEAL DATED 11/18/2009 AND CORRECTED OPINION (0&7)
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12/21/2009
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RECORD/TRANSCRIPT
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Hon. James Birkhold BY: Hon. James Birkhold
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CONSISTING OF 2 CONSTRUCTED VOLUMES OF RECORD (SEE ORDER DATED 02/16/2010 - RETURNED TO DCA-2 FOR CORRECTION
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12/28/2009
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MOTION-EXT OF TIME (INITIAL BRIEF-MERITS)
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PT State Of Florida state1 BY: PT Sara E. Macks 19122
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12/28/2009
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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 January 25, 2010, in which to serve the initial brief on the merits. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO PETITIONER FOR THE FILING OF THE INITIAL BRIEF ON THE MERITS. All other times will be extended accordingly.
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01/29/2010
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INITIAL BRIEF-MERITS
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PT State Of Florida state1 BY: PT Sara E. Macks 19122
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O&7 & E-MAIL (NO APPENDIX) REQ'D O&7 OF APPENDIX
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01/29/2010
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MOTION-OTHER SUBSTANTIVE
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PT State Of Florida state1 BY: PT Sara E. Macks 19122
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FILED AS "MOTION TO CORRECT THE RECORD"
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02/01/2010
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APPENDIX
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PT State Of Florida state1 BY: PT Sara E. Macks 19122
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(TO INITIAL BRIEF-MERITS) - 0&7
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02/16/2010
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ORDER-OTHER SUBSTANTIVE GR
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Petitioner's Motion to Correct the Record is hereby granted and the record consisting of two constructed volumes filed with this Court on December 21, 2009, is hereby returned to the Second District Court of Appeal for correction. The Clerk of the Second District Court of Appeal shall file the corrected record immediately.
Petitioner is allowed ten days after receipt of the corrected record in which to serve their initial brief on the merits, if necessary. Respondent is allowed thirty days after receipt of the corrected record in which to serve their answer brief on the merits.
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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02/25/2010
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RECORD/TRANSCRIPT
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Hon. James Birkhold BY: Hon. James Birkhold
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2 VOLUMES (CORRECTED)
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03/01/2010
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INITIAL AMD BRIEF-MERITS
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PT State Of Florida state1 BY: PT Sara E. Macks 19122
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W/APPENDIX (O&7 & E-MAIL
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03/12/2010
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ORDER-BRIEF STRICKEN
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In light of the filing of peititoner's amended initial brief on the merits filed with this Court on March 1, 2010, it is ordered that petitioner's initial brief on merits filed with this Court on January 29, 2010, is hereby stricken.
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03/26/2010
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REQUEST-ORAL ARGUMENT
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RS Michelle Bowers BY: RS Christopher E. Cosden 813478
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O&7
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03/26/2010
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ANSWER BRIEF-MERITS
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RS Michelle Bowers BY: RS Christopher E. Cosden 813478
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O&7 & E-MAIL
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04/28/2010
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NOTICE
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PT State Of Florida state1 BY: PT Sara E. Macks 19122
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FILED AS "NOTICE OF NON-FILING OF REPLY BRIEF AND NOTICE OF OBJECTION TO SUPPLEMENTAL BRIEFING"
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05/10/2010
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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., Tuesday, August 31, 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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05/10/2010
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ORAL ARGUMENT CALENDAR
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05/11/2010
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ORDER-OTHER SUBSTANTIVE
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Although not briefed by the parties in the present case, counsel at oral argument on August 31, 2010, shall be prepared to discuss the following certified question from Department of Highway Safety and Motor Vehicles v. Nader, 4 So. 3d 705, 711 (Fla. 2d DCA 2009), presently pending review in this Court in Case No. SC09-1533:
MAY A DISTRICT COURT GRANT COMMON LAW CERTIORARI RELIEF FROM A CIRCUIT COURT'S OPINION REVIEWING AN ADMINISTRATIVE ORDER WHEN THE CIRCUIT COURT
APPLIED PRECEDENT FROM ANOTHER DISTRICT COURT BUT THE REVIEWING DISTRICT COURT CONCLUDES THAT THE PRECEDENT MISINTERPRETS CLEARLY ESTABLISHED STATUTORY LAW?
Counsel may review the Nader merits briefs online at http://www.floridasupremecourt.org/clerk/briefs/2009/1401-1600/index.shtml.
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08/19/2010
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NOTICE-SUPPLEMENTAL AUTHORITY
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PT State Of Florida state1 BY: PT Sara E. Macks 19122
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O&7
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08/24/2010
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MEMORANDUM OF LAW
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RS Michelle Bowers BY: RS Christopher E. Cosden 813478 (O&7)
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08/30/2010
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MOTION-STRIKE
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PT State Of Florida state1 BY: PT Sara E. Macks 19122
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(DCA CERTIFIED COPY) FILED AS "MOTION TO STRIKE THE MEMORANDUM OF LAW OF RESPONDENT" - (09/01/2010: ORIG MOTION TO STRIKE FILED)
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08/31/2010
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ORAL ARGUMENT HELD
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02/11/2011
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ORDER-RECORD SUPPLEMENTATION GR (DCA)
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The Second District Court of Appeal is hereby directed, on or before March 14, 2011, to supplement the record on appeal with the brief initial docketed on September 12, 2007, index to record on appeal docketed on December 28, 2007, and brief answer docketed on February 14, 2008.
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02/18/2011
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ORDER-DISTRICT COURT OF APPEAL
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DATED 02/16/2011, DIRECTING CIRCUIT COURT TO PROVIDE COPIES OF DOCUMENTS WITHIN 10 DAYS
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02/21/2011
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LETTER
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RS Michelle Bowers BY: RS Christopher E. Cosden 813478
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DATED 02/17/2011
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02/23/2011
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SUPP RECORD/TRANSCRIPT
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Hon. James Birkhold BY: Hon. James Birkhold
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1 VOLUME
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06/28/2011
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NOTICE-SUPPLEMENTAL AUTHORITY
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RS Michelle Bowers BY: RS Christopher E. Cosden 813478
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O&7 *STRICKEN* - SEE ORDER DATED 07/05/2011
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07/05/2011
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ORDER-SUPP AUTHORITY STRICKEN
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07/12/2011
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NOTICE-SUPPLEMENTAL AUTHORITY
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RS Michelle Bowers BY: RS Christopher E. Cosden 813478
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AMENDED (O&7)
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12/05/2011
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NOTICE-SUPPLEMENTAL AUTHORITY
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PT State Of Florida state1 BY: PT Sara E. Macks 19122
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O&7
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02/23/2012
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ORDER-STRIKE DY
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Petitioner's Motion to Strike the Memorandum of Law of Respondent is hereby denied as moot.
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02/23/2012
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DISP-APPROVED
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For the reasons addressed above, we conclude that not only was Ferrer wrongly decided but that it departed from our precedent in Peterson, which stressed the limits of the fellow officer rule. We disapprove the decision of the Fourth District in Ferrer and approve the decision of the Second District in Bowers. Our holding recognizes the need for efficient, practical law enforcement while still ensuring the full protection of the defendant's constitutional rights
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03/09/2012
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MOTION-REHEARING
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PT State Of Florida state1 BY: PT Sara E. Macks 19122
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(03/13/2012: COPY FILED) (RC)
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03/16/2012
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RESPONSE
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RS Michelle Bowers BY: RS Christopher E. Cosden 813478
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TO STATE'S MOTION FOR REHEARING (O&7)
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05/04/2012
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DISP-REHEARING DY
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Petitioner's Motion for Rehearing is hereby denied. (RC)
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06/01/2012
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MANDATE
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CC: COUNSEL
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06/01/2012
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RECORD/TRANSCRIPT RETURNED
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Hon. James Birkhold BY: Hon. James Birkhold
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2 VOLUMES RECORD AND 1 SUPPLEMENTAL VOLUME RECORD
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06/21/2012
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MOTION-STAY (FSC PROCEEDINGS)
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PT State Of Florida state1 BY: PT Sara E. Macks 19122
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FILED AS "MOTION TO RECALL THE MANDATE"
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06/27/2012
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RESPONSE
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RS Michelle Bowers BY: RS Christopher E. Cosden 813478
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STATE'S MOTION TO RECALL MANDATE (O&7)
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07/06/2012
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ORDER-STAY PROCEEDINGS FSC DY
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Petitioner's motion to stay proceedings filed as "Motion to Recall Mandate" in the above cause is hereby denied.
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10/18/2012
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ARCHIVES
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File
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