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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12/09/2009
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NOTICE-DISCRETIONARY JURIS (CERT DIRECT CONFLICT)
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PT Chemrock Corporation BY: PT Norwood Sherman Wilner 222194
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W/ATTACHMENTS
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12/15/2009
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Filing Fee $300
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2009 - 1012382 Amount: $300
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12/15/2009
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Fee Paid In Full - $300
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12/15/2009
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ORDER-COUNSEL PRO HAC VICE (FOREIGN COUNSEL)
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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.
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01/06/2010
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ORDER-DISMISSAL RE: FAILURE TO COMPLY
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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.
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01/21/2010
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JURIS INITIAL BRIEF
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PT Chemrock Corporation BY: PT Jamie P. Yadgaroff
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W/APPENDIX (O&5 & E-MAIL)
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01/21/2010
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MOTION-COUNS PRO HAC VICE (FOREIGN COUNSEL)
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PT Jamie P. Yadgaroff BY: PT Jamie P. Yadgaroff
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JAMIE P. YADGAROFF (O&7) W/CHECK NO. 237802 IN THE AMOUNT OF $100.00 (#4 -ATTY BAR NUMBER(S) NOT INCLUDED)
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01/29/2010
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ORDER-COUNSEL PRO HAC VICE DY (FOREIGN COUNSEL)
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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.
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02/08/2010
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MOTION-COUNS PRO HAC VICE AMD (FOREIGN COUNS)
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PT Chemrock Corporation BY: PT Jamie P. Yadgaroff
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JAMIE P. YADGAROFF (AMENDED)
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02/10/2010
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JURIS ANSWER BRIEF
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RS Tampa Electric Company TEC BY: RS Pedro F. Bajo, Jr. 966029
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O&5 & E-MAIL
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02/15/2010
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Pro Hac Vice
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2010 - 1012755 Amount: $100
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JAMIE P. YADGAROFF
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02/15/2010
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ORDER-COUNSEL PRO HAC VICE GR (FOREIGN COUNSEL)
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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.
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02/25/2010
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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 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.
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03/22/2010
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INITIAL BRIEF-MERITS
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PT Chemrock Corporation BY: PT Jamie P. Yadgaroff
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W/APPENDIX (O&7 & E-MAIL)
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04/09/2010
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MOTION-EXT OF TIME (ANSWER BRIEF-MERITS)
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RS Tampa Electric Company TEC BY: RS Pedro F. Bajo, Jr. 966029
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04/09/2010
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MOTION-TOLL TIME
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RS Tampa Electric Company TEC BY: RS Pedro F. Bajo, Jr. 966029
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04/15/2010
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RESPONSE
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PT Chemrock Corporation BY: PT Jamie P. Yadgaroff
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TO RESPONDENT'S MOTION FOR EXTENSION OF TIME (O&1 & E-MAIL)
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04/15/2010
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RESPONSE
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PT Chemrock Corporation BY: PT Jamie P. Yadgaroff
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TO RESPONDENT'S MOTION TO TOLL TIME (& E-MAIL)
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04/22/2010
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ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS)
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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.
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04/26/2010
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RECORD/TRANSCRIPT
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Jon S. Wheeler BY: Jon S. Wheeler
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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
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05/13/2010
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ANSWER BRIEF-MERITS
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RS Tampa Electric Company TEC BY: RS Pedro F. Bajo, Jr. 966029
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W/ APPENDIX (O&7 AND E-MAIL)
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06/01/2010
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REPLY BRIEF-MERITS
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PT Chemrock Corporation BY: PT Jamie P. Yadgaroff
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W/ APPENDIX (O&7 & E-MAIL)
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01/06/2011
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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., 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.
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01/06/2011
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ORAL ARGUMENT CALENDAR
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03/10/2011
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ORAL ARGUMENT HELD
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06/30/2011
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DISP-QUASHED & REMANDED
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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.
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07/15/2011
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MOTION-REHEARING
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RS Teco Peoples Gas Company BY: RS Pedro F. Bajo, Jr. 966029
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FILED AS "MOTION FOR REHEARING AND/OR RECONSIDERATION" (O&1) (RC)
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07/26/2011
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RESPONSE
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PT Chemrock Corporation BY: PT Jamie P. Yadgaroff
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TO MOTION FOR REHEARING AND/OR CLARIFICATION (O&7)
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08/10/2011
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NOTICE-DISMISS (VOLUNTARY STIPULATION)
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RS Teco Peoples Gas Company BY: RS Pedro F. Bajo, Jr. 966029
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FILED AS "NOTICE OF SETTLEMENT AND STIPULATION FOR DISMISSAL"
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09/22/2011
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DISP-REHEARING DISP (MISC)
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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)
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10/13/2011
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MANDATE
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CC: COUNSEL
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10/13/2011
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RECORD/TRANSCRIPT RETURNED
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Jon S. Wheeler BY: Jon S. Wheeler
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2 VOLUMES RECORD AND 2 VOLUMES BRIEFS AND APPENIX
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