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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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05/21/2009
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NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT)
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PT Andrew Krause BY: WD Richard A. Johnston, Jr. 340995
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05/26/2009
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Filing Fee $300
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2009 - 1011168 Amount: $300
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05/26/2009
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Fee Paid in Full
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05/28/2009
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MOTION-EXT OF TIME (JURIS BRIEF)
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PT Andrew Krause BY: WD Richard A. Johnston, Jr. 340995
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06/02/2009
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ORDER-EXT OF TIME GR (JURIS BRIEF-PETITIONER)
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Petitioner's motion for extension of time is granted and petitioner is allowed to and including June 11, 2009, in which to serve the brief on jurisdiction.
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06/12/2009
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JURIS INITIAL BRIEF
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PT Andrew Krause BY: PT William A. Donovan
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W/APPENDIX (0&5 & E-MAIL)
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06/12/2009
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NOTICE-APPEARANCE
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PT Andrew Krause BY: PT William A. Donovan
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BY WILLIAM A. DONOVAN ON BEHALF OF PETITIONERS
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06/29/2009
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MOTION-COUNS WITHDRAWAL BASED ON CONFLICT
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PT Andrew Krause BY: WD Richard A. Johnston, Jr. 340995
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07/01/2009
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JURIS ANSWER BRIEF
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RS Textron Financial Corporation BY: RS Jordi Guso 863580
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O&7 & E-MAIL
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07/13/2009
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ORDER-COUNS WITHDRAWAL GR
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The motion to withdraw as attorney of record for petitioners is granted and Richard Johnston, Jr. of Fowler, White, & Boggs, P.A. is hereby allowed to withdraw. A notice of appearance on behalf of petitioners was filed by William A. Donovan of William A. Donovan, P.A. on June 12, 2009.
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07/23/2009
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MAIL RETURNED
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PS Andrew Krause BY: PS Andrew Krause ORDER DATED 07/13/2009 (RETURN TO SENDER NOT DELIVERABLE AS ADDRESSED) 07/27/2009: FORWARDED TO CORRECT ADDRESS
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07/23/2009
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MAIL RETURNED
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PS David Bautsch BY: PS David Bautsch ORDER DATED 07/13/2009 (RETURN TO SENDER NOT DELIVERABLE AS ADDRESSED) 07/27/2009: FORWARDED TO CORRECT ADDRESS
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08/03/2009
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MAIL RETURNED
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PS David Bautsch BY: PS David Bautsch ORDER DATED 07/13/2009 (FORWARD TIME EXPIRED RETURN TO SENDER) 08/04/2009: FORWARDED TO NEW ADDRESS)
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10/15/2009
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ORDER-JURIS ACCEPTED/BRIEF SCHED
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The Court accepts jurisdiction, but postpones its decision as to whether the above case will be submitted to the Court with or without oral argument.
Petitioner's brief on the merits shall be served on or before November 9, 2009; respondent's brief on the merits shall be served twenty days after service of petitioner's brief on the merits; and petitioner's reply brief on the merits shall be served twenty days after service of respondent's 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 December 15, 2009. The record shall include the briefs filed in the district court separately indexed.
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10/30/2009
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MOTION-EXT OF TIME (INITIAL BRIEF-MERITS)
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PT Andrew Krause BY: PT William A. Donovan
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(DOES NOT STATE REASON(S) 11/09/2009: AMENDED MOTION FILED
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11/02/2009
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ORDER-PROPER MOTION
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Petitioner's motion for extension of time, which was filed in this Court on October 30, 2009, does not comply with Florida Rule of Appellate Procedure 9.300(a). Petitioner is hereby requested to re-file a proper motion for extension of time in compliance with said rule.
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11/17/2009
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ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS)
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Petitioner's amended motion for extension of time is granted and petitioner is allowed to and including November 19, 2009, in which to serve the initial brief on the merits.
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11/19/2009
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RECORD/TRANSCRIPT
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Hon. James Birkhold BY: Hon. James Birkhold
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CONSISTING OF 2 VOLUMES AND 1 CONSTRUCTED VOLUME OF BRIEFS (& E-MAIL)
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11/20/2009
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INITIAL BRIEF-MERITS
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PT Andrew Krause BY: PT William A. Donovan
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O&7 & E-MAIL (***BRIEF STRICKEN - SEE 12/02/2009 ORDER)
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11/20/2009
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APPENDIX
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PT Andrew Krause BY: PT William A. Donovan
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O&7
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11/25/2009
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MOTION-BRIEF AMENDMENT
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PT Andrew Krause BY: PT William A. Donovan
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FILED AS "MOTION FOR PERMISSION TO FILE AND SERVE PETITIONERS' AMENDED BRIEF ON THE MERITS"
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11/25/2009
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INITIAL AMD BRIEF-MERITS
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PT David Bautsch BY: PT William A. Donovan
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O&7 & E-MAIL
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12/02/2009
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ORDER-BRIEF AMENDMENT GR
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Petitioners' Motion for Permission to File and Serve Amended Brief on the Merits is granted and said amended brief was filed with this Court on November 25, 2009. Petitioners' brief on the merits filed with this Court on November 20, 2009, is hereby stricken. Respondent shall have twenty days after service of petitioners amended brief on the merits in which to serve an 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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12/11/2009
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MOTION-EXT OF TIME (ANSWER BRIEF-MERITS)
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RS Textron Financial Corporation BY: RS Paul Alan Avron 50814
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12/11/2009
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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 December 30, 2009, in which to serve the answer brief on the merits.
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12/30/2009
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ANSWER BRIEF-MERITS
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RS Textron Financial Corporation BY: RS Jordi Guso 863580
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O&7 & E-MAIL
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01/20/2010
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REPLY BRIEF-MERITS
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PT Andrew Krause BY: PT William A. Donovan
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O&7 & E-MAIL
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02/19/2010
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NOTICE-SUPPLEMENTAL AUTHORITY
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PT Andrew Krause BY: PT William A. Donovan
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O&7 (CONTAINS ARGUMENT) **STRICKEN**
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02/22/2010
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ORDER-SUPP AUTHORITY STRICKEN
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Petitioner's Notice of Supplemental Authority does not comply with Florida Rule of Appellate Procedure 9.225 and is hereby stricken as it contains argument.
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03/01/2010
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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, May 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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03/01/2010
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ORAL ARGUMENT CALENDAR
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03/01/2010
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NOTICE-SUPPLEMENTAL AUTHORITY
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PT Andrew Krause BY: PT William A. Donovan
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O&7
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04/23/2010
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MOTION-RECORD SUPPLEMENTATION
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RS Textron Financial Corporation BY: RS Jordi Guso 863580
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W/ APPENDIX
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04/26/2010
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RESPONSE
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PT Andrew Krause BY: PT William A. Donovan
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FILED AS "PETITIONER'S OBJECTION TO RESPONDENT'S MOTION TO SUPPLEMENT THE RECORD"
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04/26/2010
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ORDER-RECORD SUPPLEMENTATION DY
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Respondent's motion to supplement the record is hereby denied.
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04/27/2010
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RESPONSE
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RS Textron Financial Corporation BY: RS Jordi Guso 863580
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TO PETITIONER'S OBJECTION TO RESPONDENT'S MOTION TO SUPPLEMENT THE RECORD
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05/03/2010
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ORAL ARGUMENT HELD
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05/04/2010
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NOTICE
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RS Textron Financial Corporation BY: RS Jordi Guso 863580
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FILED AS "RESPONDENT'S NOTICE OF CORRECTION OF STATEMENT AT ORAL ARGUMENT"
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05/06/2010
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REPLY TO RESPONSE
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PT Andrew Krause BY: PT William A. Donovan
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O&1
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05/07/2010
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RESPONSE
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RS Textron Financial Corporation BY: RS Paul Alan Avron 50814
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TO REPLY TO RESPONDENT'S NOTICE OF CORRECTION OF STATEMENT AT ORAL ARGUMENT AND MOTION FOR ORDER STRIKING MATTERS IN VIOLATION OF PRIOR ORDER
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02/03/2011
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DISP-QUASHED & REMANDED
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Based on the foregoing, we quash the decision of the Second District in Krause v. Textron Financial Corp., 10 So. 3d 208 (Fla. 2d DCA 2009), to the extent that it is inconsistent with our decision, and we approve the decision of the Fourth District in Scarfo v. Ginsberg, 817 So. 2d 919 (Fla. 4th DCA 2002). We remand to the Second District for further proceedings consistent with this opinion.
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02/24/2011
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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 VOLUME BRIEFS
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02/24/2011
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MANDATE
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CC: COUNSEL
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06/07/2011
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