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Doc. Date Docketed Description Filed by Notes
02/10/2012 NOTICE-APPEAL (STAT/CONST INVALID) AA D.M.T. BY: AA Michael Bancroft Jones 334405
Click to open document 02/13/2012 ORDER-HIGH PROFILE 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.
02/14/2012 LETTER Hon. Pamela R. Masters, Clerk BY: Hon. Pamela R. Masters, Clerk DATED 02/10/2012 RE: TRANSMITTAL OF FILING FEE
02/15/2012 NOTICE-APPEARANCE AE T.M.H. BY: AE Shannon Mclin Carlyle 988367 by SHANNON MCLIN CARLYLE and CHRISTOPHER V. CARLYLE as Co-Counsel for Respondent
02/16/2012 Filing Fee $300 2012 - 1017029 Amount: $300
02/16/2012 Fee Paid in Full
02/20/2012 NOTICE-APPEARANCE AE T.M.H. BY: AE Robert Alan Segal 911021 by Robert A. Segal
02/22/2012 MOTION-STAY (PROCEEDINGS BELOW) AA D.M.T. BY: AA Michael Bancroft Jones 334405 O&8 & (REQUESTED E-MAIL)
02/22/2012 NOTICE AA D.M.T. BY: AA Michael Bancroft Jones 334405 FILED AS " NOTICE OF UNAVAILABILITY"
02/24/2012 RESPONSE AE T.M.H. BY: AE Robert Alan Segal 911021 O&7 & E-MAIL
02/29/2012 MAIL RETURNED ROBERT ALAN SEGAL - 02/13/12 ORDER AND NEW CASE ACK (RE-MAILED TO ADDRESS ADDDING SUITE NUMBER)
03/07/2012 ORDER-STAY PROCEEDINGS (TRANSFER) Upon consideration of Appellant's Motion to Review Fifth District Court of Appeal's Order Regarding Stay, we conclude that the Fifth District correctly denied Appellant's Motion for Stay without prejudice in order that Appellant may seek a stay in the trial cout. Accordingly, Appellant's Motion to Review the Fifth District's Order Regarding Stay is hereby transferred to the trial court for an evidentiary hearing to be held within thirty days from the date of this order, at which both parties are to be afforded an opportunity to present evidence and argument regarding the propriety of a stay pending further review in light of all relevant issues, including the best interests of the child. We retain mandatory jurisdiction over the Fifth District's decision in T.M.H. v. D.M.T., No. 5D09-3559, 2011 WL 6437247 (Fla. 5th DCA Dec. 23, 2011), and direct that the status of our review of that case remains unchanged.
03/22/2012 MOTION-EXT OF TIME (INITIAL BRIEF-MERITS) AA D.M.T. BY: AA Michael Bancroft Jones 334405 O&8 & E-MAIL
03/27/2012 RESPONSE AE T.M.H. BY: AE Robert Alan Segal 911021 FILED AS "APPELLEE'S VERIFIED OBJECTION TO APELLANT'S MOTION FOR EXTENSION OF TIME TO FILE INITIAL BRIEF" (O&8 & E-MAIL)
03/30/2012 EXHIBITS AE T.M.H. BY: AE Robert Alan Segal 911021 TO RESPONSE - PETITIONER'S MOTION EXTENSION OF TIME
04/02/2012 ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS) Petitioner's motion for extension of time is granted; however, petitioner is only allowed to and including April 11, 2012, 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.
04/03/2012 INITIAL BRIEF-MERITS AA D.M.T. BY: AA Michael Bancroft Jones 334405 O&7 & E-MAIL (NO APPENDIX) (CHILD'S NAME SPELLED OUT, FOOTNOTES NOT SAME FONT AS BRIEF, CONCLUSION LONGER THAN ONE PAGE)
04/03/2012 REQUEST-ORAL ARGUMENT AA D.M.T. BY: AA Michael Bancroft Jones 334405 O&7 & E-MAIL
04/03/2012 MOTION-ATTORNEYS FEES AA D.M.T. BY: AA Michael Bancroft Jones 334405 O&7 & E-MAIL
04/04/2012 ORDER-BRIEF STRICKEN (NON-COMPLIANCE) Appellant's initial brief, which was filed with this Court on April 3, 2012, does not comply with Florida Rule of Appellate Procedure 9.210(a)(2)(b)(6) and 9.220 and is hereby stricken. Appellant is hereby directed, on or before April 24, 2012, to serve an original and eight copies of an amended initial brief with an appendix. The brief which shall contain a conclusion not more than one page in length and include a separate certificate of compliance which immediately follows the certificate of service. The footnotes and quotations may be single spaced and shall be in the same size type, with the same spacing between characters, as the text. The Appendix shall contain only a copy of the opinion or order of the district court of appeal to be reviewed and shall be separately bound or separated from the brief by a divider and appropriate tab. Furthermore, your brief must be in compliance with Florida Rule of Appellant Procedure 9.146(e).
Click to open document 04/17/2012 INITIAL AMD BRIEF-MERITS AA D.M.T. BY: AA Michael Bancroft Jones 334405 O&8 & E-MAIL
Click to open document 04/17/2012 APPENDIX AA D.M.T. BY: AA Michael Bancroft Jones 334405 O&8
04/18/2012 RESPONSE AE T.M.H. BY: AE Christopher V. Carlyle 991007 TO APPELLEE'S MOTION FOR ATTORNYE'S FEES
05/08/2012 MOTION-OTHER SUBSTANTIVE AA D.M.T. BY: AA Michael Bancroft Jones 334405 FILED AS "MOTION TO REVIEW TRIAL COURT ORDER DATED MAY 2, 2012 REGARDING STAY" (O&8 & E-MAIL)
05/08/2012 APPENDIX-MOTION AA D.M.T. BY: AA Michael Bancroft Jones 334405 TO APPELLANT'S "MOTION TO REVIEW TRIAL COURT ORDER DATED MAY 2, 2012, REGARDING STAY" (O&8 & E-MAIL)
05/10/2012 RESPONSE AE T.M.H. BY: AE Robert Alan Segal 911021 TO APPELLANT'S MOTION TO REVIEW TRIAL COURT ORDER DATED MAY 2, 2012, REGARDING STAY (O&7 & E-MAIL)
Click to open document 05/14/2012 ANSWER BRIEF-MERITS AE T.M.H. BY: AE Shannon Mclin Carlyle 988367 O&8 & E-MAIL
05/14/2012 REQUEST-ORAL ARGUMENT AE T.M.H. BY: AE Shannon Mclin Carlyle 988367 O&8 & E-MAIL
05/15/2012 ORDER-OTHER SUBSTANTIVE DY Appellant's Motion to Review Trial Court Order Dated May 2, 2012, Regarding Stay is hereby denied.
05/18/2012 RECORD/TRANSCRIPT Hon. Pamela R. Masters, Clerk BY: Hon. Pamela R. Masters, Clerk 1 VOLUME CC PAPERS, 1 VOLUME ORIGINAL BRIEFS, AND 2 VOLUMES RECORD
05/18/2012 MOTION-COUNS PRO HAC VICE (FOREIGN COUNSEL) MR American Academy Of Assisted Reproductive Technolo AAARTA" BY: MR Cristina Alonso 327580 SHANNON PRICE MINTER (O&8 & E-MAIL)
05/21/2012 MOTION-AMICUS CURIAE MR American Civil Liberties Union ACLU BY: MR Randall C. Marshall 181765 BY THE AMERICAN CIVIL LIBERTIES UNION, THE AMERICAN CIVIL LIBERTIES UNION OF FLORIDA, AND LAMBDA LEGAL IN SUPPORT OF APPELLEE (O&8 & E-MAIL)
Click to open document 05/21/2012 AMICUS CURIAE ANSWER BRIEF-MERITS MR American Civil Liberties Union ACLU BY: MR Randall C. Marshall 181765 OF AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION OF FLORIDA, AND LAMBDA LEGAL IN SUPPORT OF APPELLEE (O&9 & E-MAIL) MOTION PENDING
05/21/2012 MOTION-COUNS PRO HAC VICE (FOREIGN COUNSEL) MR National Association Of Social Workers NASW BY: MR Daniel Joseph Aguilar DANIEL JOSEPH AGUILAR (O&8 & E-MAIL)
Click to open document 05/21/2012 AMICUS CURIAE ANSWER BRIEF-MERITS MR National Association Of Social Workers NASW BY: MR Reginald J. Brown OF THE NATIONAL ASSOC. OF SOCIAL WORKERS (O&8 & E-MAIL) MOTION PENDING
05/21/2012 MOTION-AMICUS CURIAE MR National Association Of Social Workers NASW BY: MR Reginald J. Brown BY THE NATIONAL ASSOC OF SOCIAL WORKERS IN SUPPORT OF APPELLEE (O&8 & E-MAIL)
05/22/2012 MOTION-AMICUS CURIAE MR American Academy Of Assisted Reproductive Technolo AAARTA" BY: MR Cristina Alonso 327580 AMERICAN ACADEMY OF ASSISTED REPRODUCTIVE TECHNOLOGY ATTY'S (O&8 & E-MAIL)
Click to open document 05/22/2012 AMICUS CURIAE ANSWER BRIEF-MERITS MR American Academy Of Assisted Reproductive Technolo AAARTA" BY: MR Cristina Alonso 327580 OF AMERCIAN ACADEMY OF ASSISTED REPRODUCTIVE TECHNOLOGY ATTORNEYS (O&8 & E-MAIL) MOTION PENDING
05/23/2012 MOTION-COUNS PRO HAC VICE (FOREIGN COUNSEL) MR American Civil Liberties Union ACLU BY: MR Randall C. Marshall 181765 LESLIE COOPER (NO ORIGINAL ONLY 8 & E-MAIL) (O&8 & E-MAIL FILED)
05/23/2012 MOTION-COUNS PRO HAC VICE (FOREIGN COUNSEL) MR American Civil Liberties Union ACLU BY: MR Randall C. Marshall 181765 ELIZABETH LITTRELL (name not in boby of motion) (NO ORIGINAL O NLY 8 COPIES & E-MAIL) (05/25/2012: AMENDED MOTION O&8 & E-MAIL)
05/25/2012 MOTION-AMICUS CURIAE MR Univ. Of Fl. Fredric G. Levin College Of Law Ctr On Children & Families BY: MR Joseph Steven Jackson 401617 UNIVERSITY OF FLORIDA - LEVIN COLLEGE OF LAW, ETC.
Click to open document 05/25/2012 AMICUS CURIAE ANSWER BRIEF-MERITS MR University Of Miami School Of Law Youth Law Clinic BY: MR Joseph Steven Jackson 401617 O&8 & E-MAIL
Click to open document 05/30/2012 ORDER-AMICUS CURIAE GR The motion for leave to file brief as amicus curiae filed by the American Civil Liberties Union, the American Civil Liberties Union of Florida, and Lambda Legal is hereby granted and they are allowed to file brief only in support of appellee. The brief by the above referenced amicus curiae was filed with this Court on May 21, 2012. The motion for leave to file brief as amicus curiae filed by the American Academy of Assisted Reproductive Technology Attorneys ("AAARTA") is hereby granted and they are allowed to file brief only in support of appellee. The brief by the above referenced amicus curiae was filed with this Court on May 22, 2012. The motion for leave to file brief as amicus curiae filed by the National Association of Social Workers and National Association of Social Workers, Florida Chapter (NASW) is hereby granted and they are allowed to file brief only in support of appellee. The brief by the above referenced amicus curiae was filed with this Court on May 21, 2012. The motion for leave to file brief as amicus curiae filed by the University of Florida Fredric G. Levin College of Law Center on Children and Families (CCF); the University of Miami School of Law Children and Youth Law Clinic (CYLC); the Nova Southeastern University of Law Center Children and Families Law Clinic (Nova CFC); and the Barry University School of Law Children and Families Clinic (Barry CFC) is hereby granted and they are allowed to file brief only in support of appellee. The brief by the above referenced amicus curiae was filed with this Court on May 25, 2012.
06/01/2012 Pro Hac Vice 2012 - 1017641 Amount: $100 FOR SHANNON P. MINTER
06/01/2012 ORDER-COUNSEL PRO HAC VICE GR (FOREIGN COUNSEL) The motion to appear pro hac vice filed in the above cause by Reginald J. Brown on behalf of Daniel Joseph Aguilar, 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. The motion to appear pro hac vice filed in the above cause by Reginald J. Brown on behalf of Daniel S. Volchok, 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. The motion to appear pro hac vice filed in the above cause by Randall C. Marshall on behalf of Elizabeth Littrell, 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. The motion to appear pro hac vice filed in the above cause by Cristina Alonso, on behalf of Shannon P. Minter, is hereby granted and counsel's payment of the $100.00 fee required by section 25.241(3), Florida Statutes (2004), was received by this Court on May 18, 2012.
06/06/2012 Pro Hac Vice 2012 - 1017670 Amount: $100
06/06/2012 LETTER MR American Civil Liberties Union ACLU BY: MR Beth Littrell FILED AS "COPY OF THIS COURT'S ORDER DATED 06/01/2012"
06/11/2012 ORDER-COUNSEL PRO HAC VICE GR (FOREIGN COUNSEL) The motion to appear pro hac vice filed in the above cause by Randall Marshall, on behalf of Leslie Cooper, 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.
06/12/2012 Pro Hac Vice 2012 - 1017680 Amount: $100 FOR DANIEL AGUILAR AND DANIEL S. VOLCHOK
06/12/2012 Pro Hac Vice 2012 - 1017680 Amount: $100 FOR DANIEL AGUILAR AND DANIEL S. VOLCHOK
06/12/2012 LETTER MR National Association Of Social Workers NASW BY: MR Daniel S. Volchok TRANSMITTAL OF PHV FEE RE: DANIEL S. VOLCHOK AND DANIEL AGUILAR
06/18/2012 Pro Hac Vice 2012 - 1017710 Amount: $100 LESLIE COOPER
08/03/2012 ORDER-OA SCHED The above case is hereby scheduled for oral argument at 9:00 a.m., Tuesday, October 2, 2012. 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.
08/03/2012 ORAL ARGUMENT CALENDAR
08/27/2012 NOTICE-DESIGNATION OF E-MAIL ADDRESSES AE T.M.H. BY: AE Christopher V. Carlyle 991007 O&7
09/05/2012 NOTICE-DESIGNATION OF E-MAIL ADDRESSES MR American Academy Of Assisted Reproductive Technolo AAARTA" BY: MR Cristina Alonso 327580 (O&7)
09/06/2012 NOTICE-DESIGNATION OF E-MAIL ADDRESSES AE T.M.H. BY: AE Robert Alan Segal 911021
10/02/2012 ORAL ARGUMENT HELD
01/23/2013 NOTICE-SUPPLEMENTAL AUTHORITY AE T.M.H. BY: AE Christopher V. Carlyle 991007 O&8
Click to open document 11/07/2013 DISP-REMANDED For the foregoing reasons, we hold that application of section 742.14 as a bar to T.M.H.'s assertion of parental rights is unconstitutional. The due process guarantees in the Florida and United States Constitutions and the privacy provision of the Florida Constitution do not permit the State to deprive this biological mother of parental rights where she was an intended parent and actually established a parental relationship with the child. We further hold that sections 742.13(2) and 742.14, in providing an exception to the statutory relinquishment of parental rights for egg and sperm donors who are part of a heterosexual "commissioning couple," but not those who are part of a same-sex couple, violate the Florida and federal Equal Protection Clauses. We therefore hold that T.M.H.'s parental rights have not been terminated by law. Accordingly, we affirm the Fifth District's determination of statutory unconstitutionality, answer the certified question in the affirmative, and determine that T.M.H. has a constitutionally protected interest to parent the child under the United States Constitution and separately under the Florida Constitution. However, we disapprove the Fifth District's decision to the extent that the district court alternatively determined that the statute did not apply because the definition of "donor" in section 742.14 allows for an inquiry of subjective intent. Consistent with this opinion, we direct that this case be remanded to the trial court to determine, based on the best interests of the child, issues such as parental time-sharing and child support. It is so ordered.
11/07/2013 ORDER-ATTY FEES DY (J/M/O) Appellant's motion for attorney's fees is hereby denied.
11/18/2013 MOTION-REHEARING AA D.M.T. BY: AA Michael Bancroft Jones 334405 (RC)
11/27/2013 RESPONSE AE T.M.H. BY: AE Christopher V. Carlyle 991007 TO APPELLANT'S MOTION FOR REHEARING
12/12/2013 DISP-REHEARING DY Appellant's Motion for Rehearing is hereby denied. (RC)
12/19/2013 MOTION-STAY (USSC APPLICATION REVIEW) AA D.M.T. BY: AA Michael Bancroft Jones 334405 FILED AS "APPELLANT'S MOTION FOR STAY OF EXECUTION AND ENFORCEMENT OF JUDGMENT OF THIS COURT PENDING THE FILING AND DECISION OF A PETITION FOR WRIT OF CERTIORARI TO THE SUPREME COURT OF THE UNITED STATES"
12/20/2013 MOTION-STAY (USSC APPLICATION REVIEW) AA D.M.T. BY: AA Michael Bancroft Jones 334405 AMENDED FILED AS "APPELLANT'S MOTION FOR STAY OF EXECUTION AND ENFORCEMENT OF JUDGMENT OF THIS COURT PENDING THE FILING AND DECISION OF A PETITION FOR WRIT OF CERTIORARI TO THE SUPREME COURT OF THE UNITED STATES"
12/27/2013 ORDER-STAY PROCEEDINGS USSC DY Appellant's motion for stay of proceedings filed in the above cause is denied.
Click to open document 01/06/2014 MANDATE CC:COUNSEL
01/06/2014 RECORD/TRANSCRIPT RETURNED 1 VOLUME CC PAPERS, 1 VOLUME ORIGINAL BRIEFS, AND 2 VOLUMES RECORD