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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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07/07/2010
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CERTFD JUDGMENT FROM TRIAL COURT
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Jon S. Wheeler BY: Jon S. Wheeler
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07/07/2010
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No Fee - State
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07/07/2010
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NOTICE
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AA Hon. Charles J. Crist, Jr. BY: AA Jonathan A. Glogau 371823
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FILED AS "NOTICE OF APPEAL" W/DCA-1 ACKNOWLEDGMENT DATED 06/11/2010 (FILED IN DCA-1 06/08/2010)
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07/07/2010
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ORDER-CIRCUIT COURT
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DATED 06/03/2010 - ORDER GRANTING SUMMARY JUDGMENT (FILED IN DCA 06/08/2010)
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07/07/2010
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MOTION-OTHER SUBSTANTIVE
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AE Robert M. Ervin 22979 BY: AE Davisson F. Dunlap, Jr. 136730
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SUGGESTION BY APPELLEES FOR THE COURT TO CERTIFY THE ISSUES AND EXERCISE "PASS THROUGH" JURISDICTION (FILED IN DCA 06/10/2010)
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07/07/2010
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APPENDIX
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AE Robert M. Ervin 22979 BY: AE Davisson F. Dunlap, Jr. 136730
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FILED AS "INDEX TO APPENDIX OF SUGGESTION BY APPELLEES FOR THE COURT TO CERTIFY THE ISSUES AND EXERCISE "PASS THROUGH" JURISDICTION (FILED IN DCA 06/10/2010) (8 VOLUMES)
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07/07/2010
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MOTION-OTHER SUBSTANTIVE
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AE Robert M. Ervin 22979 BY: AE Davisson F. Dunlap, Jr. 136730
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APPELLEES' ALTERNATIVE MOTION TO TRANSFER THIS APPEAL TO THE FLORIDA SUPREME COURT (FILED IN DCA 06/10/2010)
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07/07/2010
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ORDER-DISTRICT COURT OF APPEAL
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DATED 07/07/2010 - In accordance with Florida Rule of Appellate Procedure 9.125, this court hereby certifies that this appeal requires immediate resolution by the Supreme Court of Florida and is of great public importance and will have a great effect on the proper administration justice in this state. Appellees' motion to transfer this case to the Florida Supreme Court is denied because that court's jurisdiction to review the circuit court's order is discretionary. Transfer is therefore inappropriate. The motion to consolidate and any other pending motions are hereby deferred to the Supreme Court of Florida for disposition if it accepts jurisdiction. If the Supreme Court declines to accept jurisdiction, the motion(s) will be decided by this court at a later date.
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07/08/2010
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ORDER-HIGH PROFILE
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Because of significant public and media interest in this matter, counsel for the parties are directed to hereafter file an original and eight copies of all pleadings filed with this Court. 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 documents, including any attachments and appendices, in an electronic format as required by the provisions of that order. All electronic documents filed shall be accessible to persons with disabilities in the manner required by Section 508 of the Federal Rehabilitation Act, the Americans with Disabilities Act, sections 282.601 through 282.606, Florida Statutes, and any related regulations or guidelines. FOR GENERAL FILING INFORMATION AND ADMINISTRATIVE ORDER NO. AOSC04-84, PLEASE VISIT THE CLERK'S OFFICE WEBSITE AT http://www.floridasupremecourt.org/clerk/index.shtml.
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07/12/2010
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NOTICE-APPEARANCE
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AA Hon. Charles J. Crist, Jr. BY: AA Courtney R. Brewer 890901
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BY SCOTT D. MAKAR AND COURTNEY BREWER ON BEHALF OF APPELLANTS IN THIS CASE (O&1 & E-MAIL (REQ'D 7 COPIES)(REC'D 7 COPIES)(07/13/2010: REC'D COPY FROM DCA-1)
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07/22/2010
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ORDER-OA&BRIEF SCHED/JURIS ACCEPTED (CERT JUDGMT)
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The First District Court of Appeal has certified, pursuant to article V, section 3(b)(5) of the Constitution of Florida, that the trial court passes upon a question of great public importance requiring immediate resolution by this Court. We accept jurisdiction.
Proceedings in the Circuit Court of the Second Judicial Circuit in and for Leon County, Florida, are hereby stayed pursuant to Florida Rule of Appellate Procedure 9.310(b)(2).
Chief Financial Officer Alex Sink's motion to consolidate is granted and the above cases are hereby consolidated for all appellate purposes.
Briefs shall be filed as follows: petitioner's brief on the merits shall be filed on or before August 6, 2010; respondent's answer brief on the merits shall be filed on or before August 23, 2010; and petitioner's reply brief on the merits shall be filed on or before August 30, 2010. Please file an original and eight copies of all briefs. UNLESS BRIEFS ARE TIMELY FILED, THE PRIVILEGE OF ORAL ARGUMENT WILL BE FORFEITED.
The Clerk of the Circuit Court of the Second Judicial Circuit in and for Leon County, Florida shall file the original record which shall be properly indexed and paginated on or before August 2, 2010.
IT IS FURTHER ORDERED that the above case has been scheduled for oral argument at 9:00 a.m., Thursday, October 7, 2010, with a maximum of twenty minutes to the side allowed for the argument. NO CONTINUANCES WILL BE GRANTED EXCEPT UPON A SHOWING OF EXTREME HARDSHIP. (**BRIEFING SCHEDULE REVISED - SEE ORDER DATED 07/26/2010)
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07/22/2010
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ORAL ARGUMENT CALENDAR
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07/23/2010
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MOTION-OTHER SUBSTANTIVE
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AA Hon. Charles J. Crist, Jr. BY: AA Hon. Scott Douglas Makar, Judge 709697
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FILED AS "MOTION TO REVISE BRIEFING SCHEDULE" (O&8 & E-MAIL)
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07/26/2010
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ORDER-OTHER SUBSTANTIVE GR
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Petitioner's Motion to Revise Briefing Schedule is hereby granted and the briefing schedule issued July 22, 2010, is revised and briefs shall be filed as follows: petitioner's brief on the merits shall be filed on or before August 13, 2010; respondent's answer brief on the merits shall be filed on or before August 30, 2010; and petitioner's reply brief on the merits shall be filed on or before September 7, 2010. Please file an original and eight copies of all briefs. UNLESS BRIEFS ARE TIMELY FILED, THE PRIVILEGE OF ORAL ARGUMENT WILL BE FORFEITED. 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 documents, including any attachments and appendices, in an electronic format as required by the provisions of that order. All other provisions of the July 22, 2010, order remain in effect.
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08/02/2010
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RECORD/TRANSCRIPT
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AA Hon. Bob Inzer, Clerk BY: AA Hon. Bob Inzer, Clerk
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CONSISTING OF 13 VOLUMES OF RECORD; 1 VOLUME OF TRANSCIPT; 1 LARGE ENVELOPE OF EXHIBITS (1 BOX) (SHARED WITH SC10-1319)
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08/13/2010
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INITIAL BRIEF-MERITS
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AA Hon. Charles J. Crist, Jr. BY: AA Courtney R. Brewer 890901
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W/ APPENDIX (O&8 & E-MAIL)
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08/20/2010
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MOTION-AMICUS CURIAE
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ME Trial Lawyers Section Of The Florida Bar BY: ME Kimberly A. Ashby 322881
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FILED AS "THE TRIAL LAWYERS SECTION OF THE FLORIDA BAR'S MOTION TO APPEAR AS AIMCUS CURIAE" IN SUPPORT OF APPELLEES (REQ'D 8 COPIES AND E-MAIL) 08/23/10: 8 COPIES & E-MAIL RECEIVED
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08/23/2010
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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 Trial Lawyers Section of The Florida Bar is hereby granted and they are allowed to file brief only in support of Respondents. The brief by the above referenced amicus curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c). Counsel is directed to file an original and eight copies.
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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08/23/2010
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MOTION-AMICUS CURIAE
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ME Fl Chapter Of The American Board Of Trial Advocates BY: ME C. Howard Hunter 270199
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BY "THE FLORIDA CHAPTER OF THE AMERICAN BOARD OF TRIAL ADVOCATES" (FLABOTA) IN SUPPORT OF APPELLEES (& E-MAIL) - REQ'D 8 COPIES (08/24/10: 8 COPIES RECEVIED)
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08/23/2010
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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 Chapter of the American Board of Trial Advocates is hereby granted and they are allowed to file brief only in support of Appellees. The brief by the above referenced amicus curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c). Counsel is directed to file an original and eight copies.
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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08/30/2010
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ANSWER BRIEF-MERITS
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AE Robert M. Ervin 22979 BY: AE Sidney Lewis Matthew 193496
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O&8 & E-MAIL
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08/30/2010
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APPENDIX
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AE Robert M. Ervin 22979 BY: AE Sidney Lewis Matthew 193496
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TO ANSWER BRIEF-MERITS (VOLUME I) O&9 & E-MAIL
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08/30/2010
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APPENDIX
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AE Robert M. Ervin 22979 BY: AE Sidney Lewis Matthew 193496
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TO ANSWER BRIEF-MERITS (VOLUME II) O&9 & E-MAIL
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08/30/2010
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APPENDIX
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AE Robert M. Ervin 22979 BY: AE Sidney Lewis Matthew 193496
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TO ANSWER BRIEF-MERITS (VOLUME III) O&10 & E-MAIL
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08/30/2010
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APPENDIX
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AE Robert M. Ervin 22979 BY: AE Sidney Lewis Matthew 193496
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TO ANSWER BRIEF-MERITS (VOLUME IV) O&8 & E-MAIL
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09/02/2010
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AMICUS CURIAE ANSWER BRIEF-MERITS
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ME Trial Lawyers Section Of The Florida Bar BY: ME Kimberly A. Ashby 322881
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O&8 & E-MAIL (NO SUMMARY OF ARGUMENT)
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09/02/2010
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AMICUS CURIAE ANSWER BRIEF-MERITS
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ME Fl Chapter Of The American Board Of Trial Advocates BY: ME Landis V. Curry 469246
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W/APPENDIX (O&8 & E-MAIL)
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09/02/2010
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ORDER-BRIEF STRICKEN (NON-COMPLIANCE)
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The Trial Lawyers Section of the Florida Bar's amicus curiae brief, which was filed with this Court on September 2, 2010, does not comply with Florida Rule of Appellate Procedure 9.210 and is hereby stricken. The above amicus curiae is hereby directed, on or before September 7, 2010, to file an original and eight copies of an amended amicus curiae brief which includes a summary of the argument.
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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09/03/2010
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AMICUS CURIAE ANSWER AMD BRIEF-MERITS
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ME Trial Lawyers Section Of The Florida Bar BY: ME Kimberly A. Ashby 322881
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O&8 & E-MAIL
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09/07/2010
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REPLY BRIEF-MERITS
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AA Hon. Charles J. Crist, Jr. BY: AA Courtney R. Brewer 890901
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O&8 & E-MAIL
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10/07/2010
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ORAL ARGUMENT HELD
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11/04/2010
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DISP-REVERSED
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The filing fee statutes, on their face, do not constitute an unconstitutional tax because the Legislature may appropriate more to the administration of justice than the amount of civil fees deposited into the general revenue fund, and because the Legislature has in fact done so, the statutes are not unconstitutional as applied. The statutes do not conflict with section 14 of article V of the Florida Constitution, and the record in this case does not otherwise support the trial court's ruling that the courts are unconstitutionally underfunded. Accordingly, we reverse the trial court and lift the injunction.
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11/16/2010
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MOTION-REHEARING
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AE Robert M. Ervin 22979 BY: AE Sidney Lewis Matthew 193496
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(RC)
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11/24/2010
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RESPONSE
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AA Hon. Charles J. Crist, Jr. BY: AA Courtney R. Brewer 890901
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TO MOTION FOR REHEARING/CLARIFICATION (E-MAIL)
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01/20/2011
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DISP-REHEARING DY IN LIGHT OF REVISED OPINION
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In light of the revised opinion, the Appellees' Motion for Rehearing and/or Motion for Clarification is hereby denied. (RC)
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01/26/2011
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MOTION-REHEARING
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AE Robert M. Ervin 22979 BY: AE Sidney Lewis Matthew 193496
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AND IN THE ALTERNATIVE MOTION FOR CLARIFICATION OF REVISED OPINION ISSUED JANUARY 20, 2011 (&-E-MAIL) - (01/26/2011: REQUESTED 8 COPIES) - 01/27/11: 8 COPIES RECEVIED (RC)
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03/04/2011
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DISP-REHEARING DY
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Appelles Motion for Rehearing and in the Alternative Motion for Clarification of Revised Opinion Issued January 20, 2011, is hereby denied. (RC)
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04/01/2011
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MANDATE
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CC: COUNSEL
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04/01/2011
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RECORD/TRANSCRIPT RETURNED
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AA Hon. Bob Inzer, Clerk BY: AA Hon. Bob Inzer, Clerk
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13 VOLUMES RECORD, 1 VOLUME TRANSCRIPTS AND 1 ENVELOPE EXHIBITS (SHARED WITH SC10-1319)
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06/07/2011
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ARCHIVES
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