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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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04/21/2009
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NOTICE-DISCRETIONARY JURIS (CERT GPI)
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SPR St. Johns River Water Management District BY: PT William Holmes Congdon, Jr. 283606
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04/22/2009
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Filing Fee $300
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2009 - 1010962 Amount: $300
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04/22/2009
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Fee Paid in Full
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04/22/2009
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ORDER-BRIEF SCHED (JURIS ON MERIT CASE)
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The Court has postponed its decision on jurisdiction. The parties are ordered to file jurisdictional briefs pursuant to Florida Rule of Appellate Procedure 9.120. Petitioner is directed to serve, on or before May 7, 2009, an initial brief on jurisdiction. Respondent shall have twenty days after service of petitioner's initial brief on jurisdiction in which to serve an answer brief on jurisdiction.
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05/07/2009
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JURIS INITIAL BRIEF
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SPR St. Johns River Water Management District BY: PT William Holmes Congdon, Jr. 283606
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W/APPENDIX (0&5 & E-MAIL)
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05/07/2009
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NOTICE
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MP State Of Florida state1 BY: MP Hon. Scott Douglas Makar, Judge 709697
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OF INTENT TO FILE AMICUS BRIEF
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05/27/2009
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JURIS ANSWER BRIEF
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RS Coy A. Koontz BY: RS Michael Douglas Jones 137608
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O&5 & E-MAIL
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05/27/2009
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MOTION-ATTORNEYS FEES
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RS Coy A. Koontz BY: RS Christopher V. Carlyle 991007
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O&5; 01/07/2010: ANOTHER MOTION FILED O&7 (CERT. OF SERVICE DOES NOT SERVE ALL PARTIES) REQ'D AMD CERT.OF SERVICE - (01/08/10: AMD COS FILED)
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09/16/2009
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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 13, 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 Fifth District Court of Appeal shall file the original record which shall be properly indexed and paginated on or before November 16, 2009. The record shall include the briefs filed in the district court separately indexed.
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10/02/2009
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MOTION-EXT OF TIME (INITIAL BRIEF-MERITS)
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SPR St. Johns River Water Management District BY: PT William Holmes Congdon, Jr. 283606
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10/02/2009
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MOTION-TOLL TIME
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SPR St. Johns River Water Management District BY: PT William Holmes Congdon, Jr. 283606
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FOR SERVICE OF INITIAL BRIEF
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10/05/2009
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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 November 12, 2009, in which to serve the initial brief on the merits.
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10/14/2009
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RECORD/TRANSCRIPT
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Hon. Susan Wright, Clerk BY: Hon. Susan Wright, Clerk
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15 VOLUMES RECORD, 1 VOLUME BRIEFS, AND 1 VOLUME EXHIBITS
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11/05/2009
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MOTION-AMICUS CURIAE
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MR Association Of Florida Community Developers, Inc. BY: MR David L. Powell 656305
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11/13/2009
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AMICUS CURIAE INITIAL BRIEF-MERITS
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MP Florida Association of Counties, Inc. BY: MP Harry Morrison, Jr. 339695
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O&7 & E-MAIL
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11/13/2009
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MOTION-AMICUS CURIAE
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MP Florida Association of Counties, Inc. BY: MP Harry Morrison, Jr. 339695
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11/16/2009
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INITIAL BRIEF-MERITS
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SPR St. Johns River Water Management District BY: PT William Holmes Congdon, Jr. 283606
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O&7 & E-MAIL (NO APPENDIX) - REQ'D 0 &8 COPIES
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11/16/2009
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REQUEST-ORAL ARGUMENT
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SPR St. Johns River Water Management District BY: PT William Holmes Congdon, Jr. 283606
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11/19/2009
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APPENDIX
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SPR St. Johns River Water Management District BY: PT William Holmes Congdon, Jr. 283606
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(TO PET'S INITIAL BRIEF-MERITS) O&8
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11/19/2009
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ORDER-AMICUS CURIAE GR
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The motion to appear as amici curiae on behalf of St. Johns River Water Management District by The Florida League of Cities, Inc., and The Florida Association of Counties, Inc., is hereby granted and they are allowed to file a brief only in support of Petitioner. The brief by the above referenced amicus curiae was filed with this Court on November 13, 2009. The Association of Florida Community Developers' motion for leave to file a brief as amicus curiae in support of the respondent is hereby granted and they are allowed to file a brief only in support of Respondent. The brief by the above referenced amicus curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c). 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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11/20/2009
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MOTION-EXT OF TIME (ANSWER BRIEF-MERITS)
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RS Coy A. Koontz BY: RS Christopher V. Carlyle 991007
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11/20/2009
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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 January 6, 2010, in which to serve the answer brief on the merits.
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11/20/2009
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MOTION-AMICUS CURIAE
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MP Florida Department Of Environmental Protection DEP BY: MP Hon. Scott Douglas Makar, Judge 709697
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(MOTION DOES NOT INCLUDE ALL COMPONENTS REQUIRED PER RULE) 11/24/2009: AMENDED MOTION FILED
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11/20/2009
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AMICUS CURIAE INITIAL BRIEF-MERITS
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MP Florida Department Of Environmental Protection DEP BY: MP Hon. Scott Douglas Makar, Judge 709697
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O&7 & E-MAIL
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11/23/2009
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ORDER-PROPER MOTION
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The motion for leave to file brief of amicus curiae filed in the above cause by the Department of Environmental Protection, the Northwest Florida Water Management District, the South Florida Water Management District, and the Southwest Florida Water Management District on behalf of Petitioner, which was filed with this Court on November 20, 2009, does not comply with Florida Rule of Appellate Procedure 9.370(a). Said amicus curiae are hereby requested to re-file an amended motion in compliance with said rule.
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11/23/2009
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MOTION-AMICUS CURIAE
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MP National Audubon Society BY: MP Edwin Thom Rumberger 69480
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11/23/2009
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AMICUS CURIAE INITIAL BRIEF-MERITS
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MP National Audubon Society BY: MP Edwin Thom Rumberger 69480
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O&7 & E-MAIL
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12/03/2009
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ORDER-AMICUS CURIAE GR
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The amended motion for leave to file brief as amicus curiae filed by the Department of Environmental Protection, the Northwest Florida Water Management District, the South Florida Water Management District, and the Southwest Florida Water Management District (collectively, "Amici") and the motion for leave to file a brief as amici curiae filed by the National Audubon Society, Inc., d/b/a Audubon of Florida, and Florida Audubon Society, Inc., d/b/a Audubon of Florida (collectively, "Audubon") are hereby granted and they are allowed to file brief only in support of Petitioner. The brief by the "Amici" was filed with this Court on November 20, 2009 and the brief by the "Audubon" was filed with this Court on November 23, 2009.
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12/30/2009
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MOTION-AMICUS CURIAE
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MR Florida Home Builders Association FHBA BY: MR Amy Brigham Boulris 772836
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(O&1)
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01/05/2010
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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 Florida Homebuilders Association and the National Association of Homebuilders is hereby granted and they are allowed to file an amicus curiae brief. The brief by the above referenced amicus curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
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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01/07/2010
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ANSWER BRIEF-MERITS
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RS Coy A. Koontz BY: RS Christopher V. Carlyle 991007
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O&7 & E-MAIL (CERT.OF SERVICE DOES NOT SERVE ALL PARTIES) - REQ'D AMD CERT.OF SERVICE - (01/08/10: AMD COS FILED) **BRIEF STRICKEN** -- SEE ORDER DATED 01/29/2010
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01/07/2010
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APPENDIX
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RS Coy A. Koontz BY: RS Christopher V. Carlyle 991007
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TO ANSWER BRIEF-MERITS (O&7) (**STRICKEN** - SEE ORDER DATED 01/29/2010)
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01/08/2010
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CERTIFICATE OF SERVICE (AMD)
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RS Coy A. Koontz BY: RS Christopher V. Carlyle 991007 (TO ANSWER BRIEF ON MERITS AND MOT/ATTY.FEES)
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01/11/2010
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AMICUS CURIAE ANSWER BRIEF-MERITS
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MR Association Of Florida Community Developers, Inc. BY: MR David L. Powell 656305
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O&7 & E-MAIL
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01/14/2010
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MOTION-AMICUS CURIAE
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MR Pacific Legal Foundation BY: MR Nicholas M Gieseler 43979
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01/14/2010
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AMICUS CURIAE ANSWER BRIEF-MERITS
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MR Pacific Legal Foundation BY: MR Nicholas M Gieseler 43979
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O&7 & E-MAIL
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01/19/2010
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AMICUS CURIAE ANSWER BRIEF-MERITS
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MR Florida Home Builders Association FHBA BY: MR Amy Brigham Boulris 772836
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O&7 & E-MAIL
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01/20/2010
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ORDER-AMICUS CURIAE GR
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The motion for leave to file brief as amicus curiae filed by Pacific Legal Foundation 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 January 14, 2010.
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01/20/2010
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NOTICE-SCRIVENER'S ERROR
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RS Coy A. Koontz BY: RS Christopher V. Carlyle 991007
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(O&7) TO ANSWER BRIEF ON THE MERITS (SEE ORDER DATED 01/21/2010)
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01/21/2010
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ORDER-NOTICE SCRIVENER'S ERROR
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Respondent's notice of correction of scrivener's error(s) has been docketed and placed with the above styled case without consideration by the Court. In the event Respondent wishes the Court to consider the scrivener's error(s) referenced in the notice, a motion for permission to file an amended answer brief on the merits and the amended answer brief on the merits itself, which corrects the scrivener's error(s), must be immediately filed with this Court.
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01/27/2010
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MOTION-BRIEF AMENDMENT
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RS Coy A. Koontz BY: RS Christopher V. Carlyle 991007
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RE: ANSWER BRIEF-MERITS
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01/27/2010
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ANSWER AMD BRIEF-MERITS
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RS Coy A. Koontz BY: RS Christopher V. Carlyle 991007
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O&7 & E-MAIL
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01/27/2010
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APPENDIX
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RS Coy A. Koontz BY: RS Christopher V. Carlyle 991007
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TO ANSWER AMD BRIEF-MERITS (O&7)
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01/29/2010
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ORDER-BRIEF AMENDMENT GR
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Respondent's Unopposed Motion for Permission to File Amended Answer Brief on the Merits is granted and said amended brief was filed with this Court on January 27, 2010.
Respondent's answer brief on the merits filed with this Court on January 7, 2010, is hereby stricken.
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02/01/2010
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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, April 5, 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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02/01/2010
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ORAL ARGUMENT CALENDAR
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02/02/2010
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REPLY BRIEF-MERITS
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SPR St. Johns River Water Management District BY: PT William Holmes Congdon, Jr. 283606
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W/APPENDIX (0&7 & E-MAIL)
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03/30/2010
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NOTICE-SUPPLEMENTAL AUTHORITY
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RS Coy A. Koontz BY: RS Christopher V. Carlyle 991007
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O&7
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04/05/2010
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ORAL ARGUMENT HELD
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11/03/2010
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NOTICE-SUPPLEMENTAL AUTHORITY
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SPR St. Johns River Water Management District BY: PT William Holmes Congdon, Jr. 283606
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O&7
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11/08/2010
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CERTIFICATE OF SERVICE (AMD)
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TO NOTICE OF SUPPLEMENTAL AUTHORITY (WILLIAM H. CONGDON, JR.)
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08/26/2011
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NOTICE-SUPPLEMENTAL AUTHORITY
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SPR St. Johns River Water Management District BY: PT William Holmes Congdon, Jr. 283606
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O&7
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11/03/2011
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DISP-QUASHED & REMANDED
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Based on our analysis in this case, we answer the rephrased certified question in the negative, quash the decision of the Fifth District in Koontz IV, and remand for proceedings consistent with this opinion. We emphasize that our decision today is limited solely to answering the rephrased certified question. We decline to address the other issues raised by the parties.
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11/14/2011
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ORDER-ATTY FEES DY (J/M/O)
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Respondent's motion for attorney's fees is hereby denied.
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11/18/2011
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MOTION-REHEARING
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RS Coy A. Koontz BY: RS Christopher V. Carlyle 991007
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FILED AS "MOTION FOR REHERING AND/OR CLARIFICATION" (RC)
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12/06/2011
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RESPONSE
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SPR St. Johns River Water Management District BY: PT William Holmes Congdon, Jr. 283606
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TO MOTION FOR REHEARING AND/OR CLARIFICATION
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01/04/2012
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DISP-REHEARING DY
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Respondent's Motion for Rehearing and/or Clarification is hereby denied. (RC)
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01/30/2012
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MANDATE
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CC: COUNSEL
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01/30/2012
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RECORD/TRANSCRIPT RETURNED
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Hon. Pamela R. Masters, Clerk BY: Hon. Pamela R. Masters, Clerk
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15 VOLUMES RECORD, 1 VOLUME EXHIBITS AND 1 VOLUME BRIEFS
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03/02/2012
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USSC ORDER GR EXT OF TIME
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11-1447
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FILED IN FSC 04/02/2012
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03/30/2012
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USSC CERTIORARI
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11-1447
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FILED IN 11A909
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07/17/2012
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ARCHIVES
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File
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10/05/2012
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USSC CERTIORARI GRANTED
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11-1447
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FILED IN FSC 10/15/2012
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11/14/2012
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USSC REQUEST FOR FSC ROA
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11-1447
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FILED IN FSC 11/19/2012
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11/21/2012
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ORDER-RECORD (REQUESTED FROM DCA FOR USSC)
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In light of the Supreme Court of the United States' request for this Court to certify and transmit immediately the entire record in the above referenced case, the Clerk of the Fifth District Court of Appeal, is hereby directed to immediately file the original record which shall be properly indexed and paginated. The record shall include the briefs filed in the district court separately indexed. A copy of the Supreme Court of the United States' request is enclosed herewith.
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11/29/2012
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LETTER
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SPR St. Johns River Water Management District BY: PT William Holmes Congdon, Jr. 283606
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DATED 11/26/2012 RE: TRANSMITTAL OF COURT RECORD
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12/17/2012
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RECORD/TRANSCRIPT
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Hon. Pamela R. Masters, Clerk BY: Hon. Pamela R. Masters, Clerk
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16 VOLUMES - CONSISTING OF 3 VOLUMES & 1 VOLUME OF BRIEFS FROM THE DCA; 10 VOLUMES & 2 TRIAL VOLUMES FROM THE CIRCUIT COURT; AND CERTIFICATE OF CLERK (1 BOX)
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12/21/2012
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ROA SENT TO USSC FROM FSC
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11-1447
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CIRC CT (12 VOLS), DCA (3 VOLS & 1 VOL BRIEFS), FSC (3 VOLUMES-COPIES) (1 BOX)
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12/21/2012
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LETTER
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Supreme Court Of Florida BY: Supreme Court Of Florida
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Dear Mr. Suter: Pursuant to your request, I am sending to you the record in the above cause. Please return upon disposition of the case in your Court. W/INDEX OF RECORD
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01/07/2013
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LETTER
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Supreme Court Of Florida BY: Supreme Court Of Florida
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Dear Mr. Suter: Pursuant to your request, the record in the above cause was forwarded to you on December 21, 2012. Enclosed please find a corrected index, which corrects all references to the "First District Court of Appeal" to the "Fifth District Court of Appeal," and corrects the pagination beginning at page 490. W/CORRECTED INDEX OF RECORD
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06/25/2013
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USSC OPINION RELEASED
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11-1447
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The Florida Supreme Court's judgment is reversed, and this case is remanded for further proceedings not inconsistent with this opinion. It is so ordered.
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07/31/2013
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ROA RETURNED TO FSC FROM USSC
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11-1447
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CIRC CT (12 VOLS), DCA (3 VOLS & 1 VOL BRIEFS), FSC (3 VOLUMES-COPIES) (1 BOX)
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07/31/2013
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USSC MANDATE
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11-1447
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10/30/2013
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DISP-REMANDED
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In light of the decision of the United States Supreme Court in Koontz v. St. Johns River Water Management District, 133 S. Ct. 2586 (2013), this case is hereby remanded to the Fifth District Court of Appeal for further proceedings consistent with that decision.
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11/05/2013
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MAIL RETURNED
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MR Florida Homebuilders Association, Inc. BY: MR John Wesley Little, Iii 384798 (ORDER DATED 10/30/2013)
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11/12/2013
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MAIL RETURNED
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MR National Association Of Home Builders NAHB BY: MR Amy Brigham Boulris 772836
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ORDER DATED 10/30/13 - 01/22/14: RE-MAILED TO MICHAEL JONES ON 01/22/14 @Suite 200, 30 Windsormere Way Ste 200, Oviedo, Florida
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11/12/2013
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MAIL RETURNED
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RS Coy A. Koontz BY: RS Michael Douglas Jones 137608
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ORDER DATED 10/30/13 - 01/22/14 RE-MAILED TO AMY BOULRIS @Gunster Yoakley & Stewart, P.A., 2 S Biscayne Blvd, Ste 3400,Miami, Florida
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12/09/2013
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RECORD/TRANSCRIPT RETURNED
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16 VOLUMES - CONSISTING OF 3 VOLUMES ROA, 1 VOLUME OF BRIEFS FROM THE DCA; 10 VOLUMES & 2 TRIAL VOLUMES FROM THE CIRCUIT COURT;
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06/09/2014
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MOTION-ENFORCE MANDATE
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SPR St. Johns River Water Management District BY: PT Rachel D Gray 97935
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06/09/2014
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APPENDIX-MOTION
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SPR St. Johns River Water Management District BY: PT Rachel D Gray 97935
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TO MOTION-ENFORCE MANDATE
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06/19/2014
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NOTICE-APPEARANCE
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RS Coy A. Koontz BY: RS Christina Marie Martin 100760
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06/19/2014
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MOTION-STRIKE
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RS Coy A. Koontz BY: RS Christina Marie Martin 100760
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FILED AS RESPONDENT'S MOTION TO STRIKE PETITIONER'S MOTION TO ENFORCE MANDATE
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06/19/2014
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MOTION-TOLL TIME
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RS Coy A. Koontz BY: RS Christina Marie Martin 100760
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06/19/2014
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MOTION-COUNS PRO HAC VICE (FOREIGN COUNSEL)
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RS Coy A. Koontz BY: RS Christina Marie Martin 100760
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PAUL J. BEARD II
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06/24/2014
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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 Paul J. Beard II, on behalf of respondent, is hereby granted contingent upon 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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06/24/2014
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MOTION-EXT OF TIME (RESPONSE)
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RS Coy A. Koontz BY: RS Christina Marie Martin 100760
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FILED AS RESPONDENT'S MOTION FOR EXTENSION OF TIME TO RESPOND TO PETITIONER'S MOTION TO ENFORCE MANDATE
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06/25/2014
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FEE PAID-PRO HAC VICE
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RS Coy A. Koontz BY: RS Paul J. Beard, Ii
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PAUL J. BEARD II
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06/25/2014
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Pro Hac Vice
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2014 - 1022003 Amount: $100
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PAUL J. BEARD II
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06/25/2014
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RESPONSE
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SPR St. Johns River Water Management District BY: PT Rachel D Gray 97935
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FILED AS ST. JOHNS RIVER WATER MANAGEMENT DISTRICT'S CONDITIONAL RESPONSE IN OPPOSITION TO RESPONDENT'S MOTION TO STRIKE PETITIONER'S MOTION TO ENFORCE MANDATE
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06/25/2014
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RESPONSE
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SPR St. Johns River Water Management District BY: PT Rachel D Gray 97935
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FILED AS ST. JOHNS RIVER WATER MANAGEMENT DISTRICT'S COMBINED RESPONSE IN OPPOSITION TO RESPONDENT'S MOTION TO TOLL TIME AND RESPONDENT'S MOTION FOR EXTENSION OF TIME
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08/28/2014
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NOTICE-ADDRESS CHANGE
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RS Coy A. Koontz BY: RS Michael Douglas Jones 137608
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FILED AS NOTICE OF CHANGE OF ADDRESS OF COUNSEL FOR RESPONDENT, KOONTZ
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09/02/2014
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ORDER-STRIKE DY
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Respondent's "Motion to Strike Petitioner's Motion to Enforce Mandate" is hereby denied.
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09/02/2014
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ORDER-EXT OF TIME DY (RESPONSE)
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Respondent's "Motion for Extension of Time to Respond to Petitioner's Motion to Enforce Mandate" is hereby denied.
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09/02/2014
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ORDER-TOLLING DY
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Respondent's "Motion to Toll Time" is hereby denied.
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12/05/2014
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ORDER-OTHER SUBSTANTIVE DY
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Petitioner's Motion to Enforce Mandate is hereby denied.
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