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Doc. Date Docketed Description Filed by Notes
01/28/2010 Filing Fee $300 2010 - 1012675 Amount: $300
01/28/2010 NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT) PT Erica Lynn Corey BY: PT Anthony Vincent Falzon 69167
01/28/2010 Fee Paid in Full
01/28/2010 ORDER-STAY PROCEEDINGS FSC (DCA REH) The proceedings in the above cause are hereby stayed in this Court pending disposition of the Motion for Rehearing in the Third District Court of Appeal. Counsel is to advise this Court thirty days from the date of this order, and every thirty days thereafter, of the status of the motion for rehearing which is now pending in said district court.
03/01/2010 STATUS REPORT RE: DCA REHEARING IS STILL PENDING PT Erica Lynn Corey BY: PT Roger J. Schindler 124726
03/03/2010 STATUS REPORT RE: DCA REHEARING IS STILL PENDING PT Erica Lynn Corey BY: PT Anthony Vincent Falzon 69167
03/30/2010 STATUS REPORT ON 03/24/2010, THIRD DCA GRANTED THE MOTION FOR REHEARING OF ORDER ON ATTORNEY'S FEES AND MOTION TO SUPPLEMENT. RESPONDENT WAS AWARDED ATTORNEY'S FEES AND CASE WAS REMANDED TO TRIAL COURT TO DETERMINE THE PARTIES' NEEDS AND ABILITY TO PAY (FILED AS "NOTICE OF ENTRY OF LOWER COURT'S ORDER ON MOTION FOR REHEARING AND MOTION TO LIFT STAY")
03/30/2010 ORDER-DISTRICT COURT OF APPEAL DATED 03/24/2010, APPELLANT'S 02/03/2010, MOTION TO SUPPLEMENT RECORD IS DENIED. APPELLANT'S MOTION FOR REHEARING ON ORDER OF ATTORNEYS' FEES AND APPELLANT'S RESPONSE, IT IS ORDERED THAT ATTORNEYS' FEE AWARD IN FAVOR OF APPELLANT IS CONDITIONALLY AWARDED. THE MATTER, HOWEVER, IS REMANDED TO THE TRIAL COURT TO DETERMINE PARTIES NEEDS AND ABILITY TO PAY
04/05/2010 MOTION-EXT OF TIME (JURIS BRIEF) PT Erica Lynn Corey BY: PT Roger J. Schindler 124726
04/05/2010 STATUS REPORT MOTION FOR REHEARING FILED BEFORE THIRD DCA HAS BEEN RULED UPON (W/ATTACHMENT) PT Erica Lynn Corey BY: PT Anthony Vincent Falzon 69167
04/06/2010 ORDER-BRIEF SCHED (MISC) The Court having been notified that the motion for rehearing filed in the Third District Court of Appeal is now final, petitioner is allowed to and including April 21, 2010, in which to serve the initial brief on jurisdiction with appendix. Respondent shall have twenty days after service of petitioner's initial brief on jurisdiction in which to serve the answer brief on jurisdiction.
04/07/2010 ORDER-EXT OF TIME GR (JURIS BRIEF-PETITIONER)
04/30/2010 JURIS INITIAL BRIEF PT Erica Lynn Corey BY: PT Roger J. Schindler 124726 O&5 & E-MAIL
04/30/2010 APPENDIX PT Erica Lynn Corey BY: PT Roger J. Schindler 124726 O&5
05/11/2010 CERTIFICATE OF SERVICE (AMD) TO JURIS INITIAL BRIEF PT Erica Lynn Corey BY: PT Anthony Vincent Falzon 69167
05/20/2010 JURIS ANSWER BRIEF RS Michael James Corey BY: RS Kathy Marie Klock 348171
05/24/2010 NOTICE PT Erica Lynn Corey BY: PT Anthony Vincent Falzon 69167 FILED AS "NOTICE OF UNAVAILABILITY"
05/27/2010 MOTION-STAY (PROCEEDINGS BELOW) PT Erica Lynn Corey BY: PT Anthony Vincent Falzon 69167 (06/01/2010 - AMENDED MOTION RECEIVED)
06/01/2010 NOTICE RS Michael James Corey BY: RS Kathy Marie Klock 348171 FILED AS "NOTICE OF UNAVAILABILITY"
06/09/2010 RESPONSE RS Michael James Corey BY: RS Kathy Marie Klock 348171 TO MOTION AND AMENDED MOTION TO STAY AND TO RECALL THE MANDATE OF THE THIRD DISTRICT COURT OF APPEAL (O&1)
06/10/2010 ORDER-STAY PROCEEDINGS BELOW GR Petitioner's motion to stay and recall mandate filed in the above cause is granted and proceedings in the Third District Court of Appeal and in the Circuit Court of the Eleventh Judicial Circuit in and for Dade County, Florida, are hereby stayed pending disposition of the petition for review filed herein.
06/10/2010 ORDER-JURIS ACCEPT/BRIEF SCHED (OA LATER DATE) 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 filed on or before June 29, 2010; respondent's answer brief on the merits shall be filed on or before July 9, 2010; and petitioner's reply brief on the merits shall be filed on or before July 14, 2010. Please file an original and seven copies of all briefs. The Clerk of the Third District Court of Appeal shall file the original record which shall be properly indexed and paginated on or before July 26, 2010. The record shall include the briefs filed in the district court separately indexed.
06/29/2010 INITIAL BRIEF-MERITS PT Erica Lynn Corey BY: PT Roger J. Schindler 124726 O&7 & E-MAIL
06/29/2010 MOTION-ATTORNEYS FEES PT Erica Lynn Corey BY: PT Anthony Vincent Falzon 69167 & COSTS
06/29/2010 APPENDIX PT Erica Lynn Corey BY: PT Roger J. Schindler 124726 O&7
07/09/2010 ANSWER BRIEF-MERITS RS Michael James Corey BY: RS Kathy Marie Klock 348171 O&7 & E-MAIL
07/14/2010 REQUEST-ORAL ARGUMENT PT Erica Lynn Corey BY: PT Roger J. Schindler 124726
07/14/2010 REPLY BRIEF-MERITS PT Erica Lynn Corey BY: PT Roger J. Schindler 124726 O&7 & E-MAIL
07/14/2010 RESPONSE RS Michael James Corey BY: RS Kathy Marie Klock 348171 TO PETITIONER'S MOTION FOR APPELLATE ATTORNEY'S FEES AND COSTS W/ APPENDIX
07/14/2010 MOTION-ATTORNEYS FEES RS Michael James Corey BY: RS Kathy Marie Klock 348171 & COSTS W/ APPENDIX (O&1)
07/19/2010 RESPONSE PT Erica Lynn Corey BY: PT Roger J. Schindler 124726 TO RESPONDENT'S MOTION FOR ATTORNEY'S FEES AND COSTS
07/21/2010 RECORD/TRANSCRIPT Mary Cay Blanks BY: Mary Cay Blanks 1 CERT. OF CLERK, 1 VOLUME CC PAPERS, 9 VOLUMES RECORD AND 1 ENVELOPE OF EXHIBITS
08/02/2010 ORDER-OA SCHED (PREV ACCEPTED) The Court previously accepted jurisdiction. The Court will hear oral argument at 9:00 a.m., Tuesday, October 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
08/09/2010 MOTION-ORAL ARGUMENT RESCHEDULE PT Erica Lynn Corey BY: PT Anthony Vincent Falzon 69167
08/10/2010 RESPONSE RS Michael James Corey BY: RS Kathy Marie Klock 348171 IN OPPOSITION TO PETITIONER'S MOTION TO RESCHEDULE ORAL ARGUMENT (O&5)
08/17/2010 ORAL ARGUMENT CALENDAR
08/17/2010 ORDER-ORAL ARGUMENT RESCHEDULE GR Petitioner's motion to reschedule oral argument is granted and the above case which was scheduled for oral argument on October 5, 2010, has been rescheduled for oral argument at 9:00 a.m. Thursday, October 7, 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.
08/27/2010 ORDER-BRIEF SUPPLEMENTATION The parties in the above case are directed to serve supplemental briefs, specifically addressing the folllowing issues only: 1. What is the effect, if any, on the issues in this case, of the repeal of 61.121 and the enactment of Chapter 2008-61, section 1, et seq. at 789, Laws of Fla., which took effect on October 1, 2008. 2. If this Court were to remand to the trial court to re-evaluate the issues regarding the arrangements for the child, what statute would the trial court apply in making its decision. Petitioner's supplemental initial brief is to be filed on or before September 7, 2010; respondent's supplemental answer brief shall be filed September 13, 2010.
08/27/2010 NOTICE-SUPPLEMENTAL AUTHORITY RS Michael James Corey BY: RS Kathy Marie Klock 348171 O&7
09/07/2010 SUPP INITIAL BRIEF-MERITS PT Erica Lynn Corey BY: PT Anthony Vincent Falzon 69167 O&7 & E-MAIL
09/13/2010 SUPP ANSWER BRIEF-MERITS RS Michael James Corey BY: RS Kathy Marie Klock 348171 & E-MAIL (09/14/2010: O&7 FILED)
09/14/2010 APPENDIX RS Michael James Corey BY: RS Kathy Marie Klock 348171 TO SUPPLEMENTAL ANSWER BRIEF-MERITS (O&7)
09/14/2010 NOTICE-SUPPLEMENTAL AUTHORITY PT Erica Lynn Corey BY: PT Roger J. Schindler 124726 O&7
09/15/2010 MOTION-STRIKE PT Erica Lynn Corey BY: PT Anthony Vincent Falzon 69167 RESPONDENT'S SUPPLEMENTAL BRIEF AND "APPENDIX" (O&7)
09/16/2010 ORDER-STRIKE GR Petitioner's "Motion to Strike Respondent's Supplemental Brief and Appendix" is granted, as the information included in the Respondent's supplemental appendix, to which Respondent's supplemental brief refers, is not part of the original record on appeal and prohibits the Petitioner from having an opportunity to respond. Respondent will have up to and including September 21, 2010, in which to file an Amended Supplemental Answer Brief that makes no reference to documents extraneous to the original record on appeal.
09/20/2010 SUPP ANSWER AMD BRIEF-MERITS RS Michael James Corey BY: RS Kathy Marie Klock 348171 O&7 & E-MAIL
09/23/2010 RESPONSE RS Michael James Corey BY: RS Kathy Marie Klock 348171 TO STATEMENT REGARDING ISSUES ON APPEAL IN PETITIONER'S MOTION TO STRIKE RESPONDENT'S SUPPLEMENTAL BRIEF AND APPENDIX
10/07/2010 ORAL ARGUMENT HELD
10/21/2010 DISP-REV DISM IMPROVIDENTLY GRANTED (OA) After further consideration of the issue involved, and in light of the Legislature's repeal of section 61.121 and substantial revision to section 61.13, Florida Statutes, effective October 1, 2008, we have determined that we should exercise our discretion and discharge jurisdiction. Accordingly, this review proceeding is dismissed.
11/12/2010 MANDATE CC: COUNSEL
11/12/2010 RECORD/TRANSCRIPT RETURNED Mary Cay Blanks BY: Mary Cay Blanks 9 VOLUMES RECORD AND 1 ENVELOPE OF EXHIBITS
12/16/2010 ORDER-ATTY FEES GR & REMANDED (COND Need Ability - M/O) Petitioner's motion for attorneys' fees and costs is hereby denied. Respondent's motion for costs is hereby denied; however, respondent's motion for attorneys' fees is provisionally granted and is remanded to the trial court for a fee award appropriate in light of the parties' respective financial need and ability to pay.
02/17/2011 ARCHIVES File