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Doc. Date Docketed Description Filed by Notes
12/09/2009 NOTICE-DISCRETIONARY JURIS (CERT DIRECT CONFLICT) PT Chemrock Corporation BY: PT Norwood Sherman Wilner 222194 W/ATTACHMENTS
12/15/2009 Filing Fee $300 2009 - 1012382 Amount: $300
12/15/2009 Fee Paid In Full - $300
12/15/2009 ORDER-COUNSEL PRO HAC VICE (FOREIGN COUNSEL) 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.
01/06/2010 ORDER-DISMISSAL RE: FAILURE TO COMPLY In reviewing our records, we note that your case is subject to dismissal for failure to comply with this Court's direction. See Fla. R. App. P. 9.410. We have not received the petitioner's jurisdictional initial brief with appendix in accordance with Florida Rule of Appellate Procedure 9.120(d). Failure to file the above referenced documents with this Court within fifteen days from the date of this order could result in the imposition of sanctions, including dismissal of the case. Please understand that once this case is dismissed, it may not be subject to reinstatement. 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.
01/21/2010 JURIS INITIAL BRIEF PT Chemrock Corporation BY: PT Jamie P. Yadgaroff W/APPENDIX (O&5 & E-MAIL)
01/21/2010 MOTION-COUNS PRO HAC VICE (FOREIGN COUNSEL) PT Jamie P. Yadgaroff BY: PT Jamie P. Yadgaroff JAMIE P. YADGAROFF (O&7) W/CHECK NO. 237802 IN THE AMOUNT OF $100.00 (#4 -ATTY BAR NUMBER(S) NOT INCLUDED)
01/29/2010 ORDER-COUNSEL PRO HAC VICE DY (FOREIGN COUNSEL) Jamie P. Yadgaroff's motion for leave to appear pro hac vice, which was filed with this Court on January 21, 2010, 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 including the attorney/bar number(s) required for question #4 in the verified form.
02/08/2010 MOTION-COUNS PRO HAC VICE AMD (FOREIGN COUNS) PT Chemrock Corporation BY: PT Jamie P. Yadgaroff JAMIE P. YADGAROFF (AMENDED)
02/10/2010 JURIS ANSWER BRIEF RS Tampa Electric Company TEC BY: RS Pedro F. Bajo, Jr. 966029 O&5 & E-MAIL
02/15/2010 Pro Hac Vice 2010 - 1012755 Amount: $100 JAMIE P. YADGAROFF
02/15/2010 ORDER-COUNSEL PRO HAC VICE GR (FOREIGN COUNSEL) The amended motion to appear pro hac vice filed in the above cause by Jamie P. Yadgaroff, on behalf of Petitioner, 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 January 21, 2010.
02/25/2010 ORDER-JURIS ACCEPT/BRIEF SCHED (OA LATER DATE) 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 March 22, 2010; 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 First District Court of Appeal shall file the original record which shall be properly indexed and paginated on or before April 26, 2010. The record shall include the briefs filed in the district court separately indexed.
03/22/2010 INITIAL BRIEF-MERITS PT Chemrock Corporation BY: PT Jamie P. Yadgaroff W/APPENDIX (O&7 & E-MAIL)
04/09/2010 MOTION-EXT OF TIME (ANSWER BRIEF-MERITS) RS Tampa Electric Company TEC BY: RS Pedro F. Bajo, Jr. 966029
04/09/2010 MOTION-TOLL TIME RS Tampa Electric Company TEC BY: RS Pedro F. Bajo, Jr. 966029
04/15/2010 RESPONSE PT Chemrock Corporation BY: PT Jamie P. Yadgaroff TO RESPONDENT'S MOTION FOR EXTENSION OF TIME (O&1 & E-MAIL)
04/15/2010 RESPONSE PT Chemrock Corporation BY: PT Jamie P. Yadgaroff TO RESPONDENT'S MOTION TO TOLL TIME (& E-MAIL)
04/22/2010 ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS) Respondent's motion for extension of time is granted and respondent is allowed to and including May 13, 2010, in which to serve the answer brief on the merits.
04/26/2010 RECORD/TRANSCRIPT Jon S. Wheeler BY: Jon S. Wheeler CONSISTING OF 2 VOLUMES OF RECORD W/CERT. COPY APPEAL PAPERS; 1 VOLUME AMENDED INITIAL BRIEF; 1 VOLUME ANSWER BRIEF; 1 VOLUMES APPENDIX TO ANS BRIEF
05/13/2010 ANSWER BRIEF-MERITS RS Tampa Electric Company TEC BY: RS Pedro F. Bajo, Jr. 966029 W/ APPENDIX (O&7 AND E-MAIL)
06/01/2010 REPLY BRIEF-MERITS PT Chemrock Corporation BY: PT Jamie P. Yadgaroff W/ APPENDIX (O&7 & E-MAIL)
01/06/2011 ORDER-OA SCHED (PREV ACCEPTED) The Court previously accepted jurisdiction. The Court will hear oral argument at 9:00 a.m., Thursday, March 10, 2011. 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.
01/06/2011 ORAL ARGUMENT CALENDAR
03/10/2011 ORAL ARGUMENT HELD
06/30/2011 DISP-QUASHED & REMANDED Based on our analysis set forth above, we conclude that the record filing made by Chemrock during the sixty-day grace period provided by rule 1.420(e) met the requirement for record activity contained in the rule, thus precluding dismissal for lack of prosecution. Accordingly, we quash the decision of the First District in Chemrock Corporation v. Tampa Electric Co., 23 So. 3d 759 (Fla. 1st DCA 2009), and approve the decisions in Pagan v. Facilicorp, Inc., 989 So. 2d 21 (Fla. 2d DCA 2008), Padron v. Alonso, 970 So. 2d 399 (Fla. 3d DCA 2007), and Edwards v. City of St. Petersburg, 961 So. 2d 1048 (Fla. 2d DCA 2007), to the extent they are consistent with our holding. We remand for further proceedings consistent with this opinion.
07/15/2011 MOTION-REHEARING RS Teco Peoples Gas Company BY: RS Pedro F. Bajo, Jr. 966029 FILED AS "MOTION FOR REHEARING AND/OR RECONSIDERATION" (O&1) (RC)
07/26/2011 RESPONSE PT Chemrock Corporation BY: PT Jamie P. Yadgaroff TO MOTION FOR REHEARING AND/OR CLARIFICATION (O&7)
08/10/2011 NOTICE-DISMISS (VOLUNTARY STIPULATION) RS Teco Peoples Gas Company BY: RS Pedro F. Bajo, Jr. 966029 FILED AS "NOTICE OF SETTLEMENT AND STIPULATION FOR DISMISSAL"
09/22/2011 DISP-REHEARING DISP (MISC) The parties have filed a joint notice of settlement and stipulation for dismissal in which the parties withdraw the pending motion for rehearing of this Court's decision issued June 30, 2011. The notice also seeks to voluntarily dismiss the proceeding pursuant to Florida Rule of Appellate Procedure 9.350. We deny leave to voluntarily dismiss this proceeding and exercise our discretion to retain jurisdiction to issue a final decision on the merits in this case; thus the opinion issued by this Court on June 30, 2011, is final. No motion for rehearing of this order will be permitted. (RC)
10/13/2011 MANDATE CC: COUNSEL
10/13/2011 RECORD/TRANSCRIPT RETURNED Jon S. Wheeler BY: Jon S. Wheeler 2 VOLUMES RECORD AND 2 VOLUMES BRIEFS AND APPENIX