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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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02/25/2010
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Filing Fee $300
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2010 - 1012819 Amount: $300
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02/25/2010
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NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT)
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PT Florida Insurance Guaranty Association FIGA BY: PT Jeffrey T. Kuntz 26345
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W/ATTACHMENTS
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02/25/2010
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Fee Paid In Full - $300
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03/01/2010
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MOTION-EXT OF TIME (JURIS BRIEF)
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PT Florida Insurance Guaranty Association FIGA BY: PT Philip Edward Ward 869600
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03/02/2010
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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 March 11, 2010, in which to serve the brief on jurisdiction.
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03/12/2010
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JURIS INITIAL BRIEF
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PT Florida Insurance Guaranty Association FIGA BY: PT Jeffrey T. Kuntz 26345
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W/APPENDIX (O&5 & E-MAIL)
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04/05/2010
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NOTICE-APPEARANCE
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RS Devon Neighborhood Association, Inc. DEVON BY: RS Mark Gerard Keegan 503371
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BY DANIEL S. ROSENBAUM, JOHN M. SIRACUSA AND RICHARD C. VALUNTAS AND MARK G. KEEGAN ON BEHAFL OF RESPONDENT (O&1)
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04/06/2010
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JURIS ANSWER BRIEF
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RS Devon Neighborhood Association, Inc. DEVON BY: RS Richard Valuntas 151084
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O&5 & E-MAIL
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04/12/2010
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LETTER-CANON NOTIFICATION RE: JUSTICE
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RE: JUSTICE CANADY & THOMAS D. HALL (RESPONSES DUE 4/27/2010)
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04/19/2010
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RESPONSE
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RS Devon Neighborhood Association, Inc. DEVON BY: RS Daniel S. Rosenbaum 306037
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TO LETTER DATED 04/12/2010 RE: JUSTICE CANADY & THOMAS D. HALL (O&5)
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04/19/2010
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MOTION-OTHER SUBSTANTIVE
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RS Devon Neighborhood Association, Inc. DEVON BY: RS Daniel S. Rosenbaum 306037
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FILED AS "RESPONDENT'S MOTION TO DISQUALIFY JUSTICE CHARLES T. CANADY"
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04/20/2010
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NOTICE-APPEARANCE
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RS Devon Neighborhood Association, Inc. DEVON BY: RS Daniel S. Rosenbaum 306037
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BY LAUREL R. WILEY ON BEHALF OF RESPONDENT
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04/20/2010
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RESPONSE
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PT Florida Insurance Guaranty Association FIGA BY: PT Evan D. Appell 58146
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IN OPPOSITION TO RESPONDENT'S MOTION FOR APPELLATE ATTORNEYS FEES (W/APPENDIX)
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04/23/2010
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ORDER-OTHER SUBSTANTIVE DY
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Respondent's Motion to Disqualify Justice Charles T. Canady is hereby denied.
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04/26/2010
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NOTICE
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RS Devon Neighborhood Association, Inc. DEVON BY: RS Daniel S. Rosenbaum 306037
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FILED AS "NOTICE TO COURT AND COUNSEL" (O&1)
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04/26/2010
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MOTION-ATTORNEYS FEES
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RS Devon Neighborhood Association, Inc. DEVON BY: RS Daniel S. Rosenbaum 306037
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FILED AS "DEVON'S MOTION FOR AWARD OF APPELLATE ATTORNEY'S FEE" (O&4)
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05/18/2010
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NOTICE-SUPPLEMENTAL AUTHORITY
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PT Florida Insurance Guaranty Association FIGA BY: PT Philip Edward Ward 869600
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**STRICKEN** - SEE ORDER DATED 05/27/2010
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05/27/2010
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ORDER-SUPP AUTHORITY STRICKEN
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Petitioner's Notice of Supplemental Authority filed with this Court on May 18, 2010, does not comply with Florida Rule of Appellate Procedure 9.225 and is hereby stricken as it contains argument.
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09/22/2010
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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 18, 2010; 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 22, 2010. The record shall include the briefs filed in the district court separately indexed.
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10/18/2010
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MOTION-EXT OF TIME (INITIAL BRIEF-MERITS)
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PT Florida Insurance Guaranty Association FIGA BY: PT Philip Edward Ward 869600
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10/21/2010
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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 17, 2010, in which to serve the initial brief on the merits. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO PETITIONER FOR THE FILING OF THE INITIAL BRIEF ON THE MERITS. All other times will be extended accordingly.
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11/18/2010
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MOTION-EXT OF TIME (INITIAL BRIEF-MERITS)
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PT Florida Insurance Guaranty Association FIGA BY: PT Philip Edward Ward 869600
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11/19/2010
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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 19, 2010, in which to serve the initial brief on the merits. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO PETITIONER FOR THE FILING OF THE INITIAL BRIEF ON THE MERITS. All other times will be extended accordingly.
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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11/22/2010
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INITIAL BRIEF-MERITS
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PT Florida Insurance Guaranty Association FIGA BY: PT Jeffrey T. Kuntz 26345
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O&7 & E-MAIL
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11/22/2010
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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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CONSISTING OF 1 VOLUME OF BRIEFS
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11/22/2010
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APPENDIX
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PT Florida Insurance Guaranty Association FIGA BY: PT Jeffrey T. Kuntz 26345
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TO INITIAL BRIEF-MERITS (VOLUME 1 & 2 (O&7 & E-MAIL)
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11/29/2010
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MOTION-EXT OF TIME (ANSWER BRIEF-MERITS)
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RS Devon Neighborhood Association, Inc. DEVON BY: RS Mark Gerard Keegan 503371
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12/09/2010
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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 10, 2011, in which to serve the answer brief on the merits. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO RESPONDENT FOR THE FILING OF THE ANSWER BRIEF ON THE MERITS. All other times will be extended accordingly. 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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01/10/2011
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ANSWER BRIEF-MERITS
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RS Devon Neighborhood Association, Inc. DEVON BY: RS Richard Valuntas 151084
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O&7 & E-MAIL
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02/01/2011
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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 Wednesday, April 6, 2011 a.m., 9:00. 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.
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02/01/2011
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ORAL ARGUMENT CALENDAR
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02/01/2011
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MOTION-EXT OF TIME (REPLY BRIEF-MERITS)
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PT Florida Insurance Guaranty Association FIGA BY: PT Philip Edward Ward 869600
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02/03/2011
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ORDER-EXT OF TIME GR (REPLY BRIEF-MERITS)
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Petitioner's motion for extension of time is granted and petitioner is allowed to and including February 16, 2011, in which to serve the reply brief on the merits. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO PETITIONER FOR THE FILING OF THE REPLY 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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02/17/2011
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REPLY BRIEF-MERITS
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PT Florida Insurance Guaranty Association FIGA BY: PT Jeffrey T. Kuntz 26345
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O&7 & E-MAIL (EXCEEDS PAGE LIMIT)
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02/17/2011
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ORDER-BRIEF STRICKEN (NON-COMPLIANCE)
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Petitioner's reply brief, which was filed with this Court on February 17, 2011, does not comply with Florida Rule of Appellate Procedure 9.210(a)(5) and is hereby stricken. Petitioner is hereby directed, on or before March 9, 2011, to serve an original and seven copies of an amended reply brief which does not exceed fifteen pages in length.
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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02/21/2011
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REPLY AMD BRIEF-MERITS
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PT Florida Insurance Guaranty Association FIGA BY: PT Jeffrey T. Kuntz 26345
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O&7 & E-MAIL
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04/04/2011
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NOTICE-SUPPLEMENTAL AUTHORITY
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RS Devon Neighborhood Association, Inc. DEVON BY: RS Daniel S. Rosenbaum 306037
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O&7
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04/06/2011
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ORAL ARGUMENT HELD
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06/30/2011
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DISP-QUASHED & REMANDED
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This Court's precedents both before and after the Fourth District's decision require the court to engage in a two-pronged inquiry to determine if the 2005 amendments to section 627.7016 are to be applied retroactively. Thus, the Fourth District misapplied this precedent when it omitted the first inquiry into whether the Legislature clearly expressed an intent that the statute be applied retroactively and moved directly to the second inquiry, whether retroactive application would be constitutional. For this reason, and because there is no clear evidence of legislative intent for retroactivity, we quash the decision of the Fourth District to the extent it is inconsistent with this opinion and remand for further proceedings.
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07/21/2011
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MANDATE
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CC: COUNSEL
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07/21/2011
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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 VOLUME BRIEFS
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08/30/2011
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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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12/05/2011
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ARCHIVES
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