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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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04/13/2009
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NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT)
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PT Gerald Petion BY: PT Gerald Petion
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04/13/2009
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JURIS INITIAL BRIEF
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PT Gerald Petion BY: PT Alan Terry Lipson 151810
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(RECEIVED 04/03/2009) (O&5 & E-MAIL)
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04/13/2009
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APPENDIX
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PT Gerald Petion BY: PT Alan Terry Lipson 151810
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TO JURIS INITIAL BRIEF (RECEIVED 04/03/2009) (O&5 & E-MAIL)
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04/15/2009
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No Fee - Insolvent
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INSOLVENT BELOW
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04/24/2009
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JURIS ANSWER BRIEF
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RS State Of Florida state1 BY: RS Heidi L. Bettendorf 1805
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O&5 & E-MAIL
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09/08/2009
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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 October 5, 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 Fourth District Court of Appeal shall file the original record which shall be properly indexed and paginated on or before November 9, 2009. The record shall include the briefs filed in the district court separately indexed.
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10/08/2009
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INITIAL BRIEF-MERITS
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PT Gerald Petion BY: PT Alan Terry Lipson 151810
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O&7 & E-MAIL (NO APPENDIX)
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10/13/2009
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APPENDIX
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PT Gerald Petion BY: PT Alan Terry Lipson 151810
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TO INITIAL BRIEF-MERITS (O&7)
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10/13/2009
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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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1 VOL. BRIEFS, 1 VOL. SUPP. RECORD, & 2 VOLS. RECORD
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10/30/2009
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MOTION-EXT OF TIME (ANSWER BRIEF-MERITS)
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RS State Of Florida state1 BY: RS Heidi L. Bettendorf 1805
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10/30/2009
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MOTION-TOLL TIME
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RS State Of Florida state1 BY: RS Heidi L. Bettendorf 1805
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11/02/2009
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ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS)
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12/03/2009
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ANSWER BRIEF-MERITS
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RS State Of Florida state1 BY: RS Heidi L. Bettendorf 1805
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O&7 & E-MAIL
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12/28/2009
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REPLY BRIEF-MERITS
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PT Gerald Petion BY: PT Alan Terry Lipson 151810
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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., Wednesday, March 3, 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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03/03/2010
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ORAL ARGUMENT HELD
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10/21/2010
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DISP-QUASHED & REMANDED
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Accordingly, we quash the decision below and remand for reconsideration in light of the standard of review articulated in this opinion and as applied in Parks. We disapprove the decisions discussed in this opinion to the extent that they hold a presumption of disregard applies when a trial court, during a bench trial, admits evidence over objection and does not expressly state on the record that this evidence did not contribute to the final judgment or determination. Lastly, we disapprove J.D. to the extent it holds that there is no presumption of disregard for a trial court's exposure to inadmissible or improper evidence during a bench trial.
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11/12/2010
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MANDATE
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CC: COUNSEL
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11/12/2010
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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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1 VOL. BRIEFS, 1 VOL. SUPP. RECORD, & 2 VOLS. RECORD
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02/17/2011
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