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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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05/13/2013
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NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT)
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PT Alachua County BY: PT Roberto Martinez 305596
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05/13/2013
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ORDER-HIGH PROFILE
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Because of significant public and media interest in this matter, this case has been designated as a high profile case and all material must be filed through the Florida Courts eFiling Portal. All documents filed will be posted on the Supreme Court web page. Parties are directed to ensure that all documents filed are in compliance with rules 2.420, 2.425 and 2.526 of the Florida Rules of Judicial Administration.
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05/13/2013
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ORDER-FILING FEE DUE
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The jurisdiction of this Court was invoked by the filing of a Notice to Invoke Discretionary Jurisdiction in the lower tribunal; however, said notice was not accompanied by the $300.00 filing fee or an order of insolvency from the district court of appeal as required by Florida Rules of Appellate Procedure 9.110(b) and 9.120(b). The filing fee is due and payable at the time of filing the notice. Petitioner is allowed to and including June 12, 2013, in which to submit the filing fee or an order of insolvency. Failure to submit either of the above referenced documents to this Court could result in the imposition of sanctions, including dismissal of the notice. Please understand that once this case is dismissed, it is not subject to instatement.
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05/14/2013
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ACKNOWLEDGMENT LETTER-NEW CASE
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Supreme Court Of Florida BY: Supreme Court Of Florida
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05/14/2013
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ORDER-BRIEF SCHED (JURIS ON MERIT CASE)
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The Court has postponed its decision on jurisdiction. The parties are ordered to file jurisdictional briefs pursuant to Florida Rule of Appellate Procedure 9.120. Petitioner is directed to serve, on or before May 29, 2013, an initial brief on jurisdiction. Respondent shall have twenty days after service of petitioner's initial brief on jurisdiction in which to serve an answer brief on jurisdiction.
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05/14/2013
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ORDER-COUNSEL PRO HAC VICE (FOREIGN COUNSEL)
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Any attorney involved in the above case who is not a member of The Florida Bar should immediately file a proper motion pursuant to Florida Rule of Judicial Administration 2.510, if they wish to have this Court consider them as counsel of record. Failure to file a proper motion could result in the imposition of sanctions, including striking the pleading listing the foreign attorney as counsel of record.
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05/17/2013
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Filing Fee $300
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2013 - 1019597 Amount: $300
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05/17/2013
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LETTER
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PT Alachua County BY: PT Roberto Martinez 305596
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RE: TRANSMITTAL OF FILING FEE FILED AS "COPY OF FSC ORDER DATED 05/13/2013"
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05/17/2013
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Fee Paid in Full
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05/21/2013
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JURIS INITIAL BRIEF
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PT Alachua County BY: PT Stephanie Anne Casey 97483
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05/21/2013
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APPENDIX-JURIS BRIEF
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PT Alachua County BY: PT Stephanie Anne Casey 97483
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TO JURIS INITIAL BRIEF
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05/29/2013
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NOTICE-AMICUS CURIAE INTENT TO APPEAR
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MPI Mary Griffo Jolley 80454 BY: MPI Mary Griffo Jolley 80454
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Volusia County and the School Board of Volusia County
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06/06/2013
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MOTION-COUNS PRO HAC VICE (FOREIGN COUNSEL)
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RS Priceline.Com Incorporated BY: RS Mark Elliott Holcomb 500811
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DARREL J. HIEBER
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06/11/2013
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ORDER-COUNSEL PRO HAC VICE GR (FOREIGN COUNSEL)
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The motion to appear pro hac vice filed in the above cause by Darrel J. Hieber, on behalf of Priceline.com Incorporated, Travelweb LLC, and Lowestfare.com LLC, 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 June 6, 2013.
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06/17/2013
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JURIS ANSWER BRIEF
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RS Priceline.Com Incorporated BY: RS Mark Elliott Holcomb 500811
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06/21/2013
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Pro Hac Vice
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2013 - 1019800 Amount: $100
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PRO HAC VICE FEE FOR DARREL J. HIEBER
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06/21/2013
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FEE PAID-PRO HAC VICE
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RS Priceline.Com Incorporated BY: RS Darrel J. Hieber
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06/24/2013
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MAIL RETURNED
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Brian S. Stagner (ORDER DATED 06/11/2013) (06/26/2013: FORWARDED TO COMPLETED ADDRESS)
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09/10/2013
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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 7, 2013; 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. The Clerk of the First District Court of Appeal shall file the record which shall be properly indexed and paginated on or before November 12, 2013. The record shall include the briefs filed in the district court separately indexed. The Clerk may provide the record in the format as currently maintained at the district court, either paper or electronic. If an electronic record, the Clerk of the First District Court of Appeal should contact the Clerk of this Court for instructions on transmittal of the electronic record.
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09/16/2013
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MOTION-AMICUS CURIAE
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MPI Volusia County, Florida VOLUSIA BY: MPI Mary Griffo Jolley 80454
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COUNTY OF VOLUSIA AND SCHOOL BOARD OF VOLUSIA COUNTY, FLORIDA
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09/30/2013
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MOTION-AMICUS CURIAE
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MP Florida Association of Counties, Inc. BY: MP Virginia Saunders Delegal 989932
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FLORIDA ASSOCIATION OF COUNTIES, INC.
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10/07/2013
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ORDER-AMICUS CURIAE GR
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The motion for leave to file brief as amicus curiae filed by County of Volusia and School Board of Volusia County is hereby granted and they are allowed to file brief only in support of petitioners. The brief by the above referenced amicus curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
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10/07/2013
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INITIAL BRIEF-MERITS
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PT Alachua County BY: PT Maureen Elizabeth Lefebvre 475874
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W/APPENDIX (BRIEF HAS WRONG CASE STYLE) ***10/11/2013: BRIEF STRICKEN***
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10/08/2013
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MOTION-BRIEF AMENDMENT
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PT Alachua County BY: PT Roberto Martinez 305596
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10/08/2013
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INITIAL AMD BRIEF-MERITS
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PT Alachua County BY: PT Maureen Elizabeth Lefebvre 475874
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10/08/2013
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MOTION-AMICUS CURIAE
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MP Florida Association Of Destination Marketing Organizations BY: MP Major B. Harding 33657
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FLORIDA ASSOCIATION OF DESTINATION MARKETING ORGANIZATIONS
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10/09/2013
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ORDER-AMICUS CURIAE GR
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The motion for leave to file brief as amicus curiae filed by Florida Association of Counties is hereby granted and they are allowed to file brief only in support of petitioners. The brief by the above referenced amicus curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
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10/09/2013
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ORDER-NO FUTURE PAPER FILINGS
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The Court is in receipt of a filing in this case which was submitted in paper format. Counsel are reminded that, per Florida Rule of Judicial Administration 2.520(a) and Administrative Order AOSC13-7, all documents to be filed with this Court by attorneys must be filed electronically through the Florida Courts E-Filing Portal. Counsel are cautioned that submission of paper pleadings in violation of AOSC13-7 could result in the imposition of sanctions against the filer.
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10/10/2013
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MOTION-AMICUS CURIAE
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MP American Hotel And Lodging Association AHLA BY: MP Peter M. Dunbar 146594
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AMERICAN HOTEL AND LODGING ASSOCIATION
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10/11/2013
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ORDER-BRIEF AMENDMENT GR
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Petitioners' motion to file amended initial brief on the merits is granted and said amended brief was filed with this Court on October 8, 2013.
Petitioners' initial brief on the merits filed with this Court on October 7, 2013, is hereby stricken.
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10/11/2013
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ORDER-AMICUS CURIAE GR
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The motion for leave to file brief as amicus curiae filed by Florida Association of Destination Marketing Organizations is hereby granted and they are allowed to file brief only in support of petitioners. The brief by the above referenced amicus curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
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10/11/2013
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MOTION-EXT OF TIME (AMICUS CURIAE BRIEF)
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MPI Volusia County, Florida VOLUSIA BY: MPI Mary Griffo Jolley 80454
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COUNTY OF VOLUSIA AND SCHOOL BOARD OF VOLUSIA COUNTY, FLORIDA
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10/11/2013
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MOTION-TOLL TIME
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MPI Volusia County, Florida VOLUSIA BY: MPI Mary Griffo Jolley 80454
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10/15/2013
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ORDER-AMICUS CURIAE GR
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The motion for leave to file brief as amicus curiae filed by American Hotel and Lodging Association is hereby granted and they are allowed to file brief only in support of petitioners. The brief by the above referenced amicus curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
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10/15/2013
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ORDER-EXT OF TIME GR (AMICUS CURIAE)
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The motion for extension of time filed in the above case by Volusia County, Florida and School Board of Volusia County is granted and said amici curiae is allowed to and including October 22, 2013, in which to serve the amicus initial brief on the merits. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED FOR THE FILING OF THE ABOVE REFERENCED AMICI CURIAE BRIEF ON THE MERITS. All other times will be extended accordingly.
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10/16/2013
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AMICUS CURIAE INITIAL BRIEF-MERITS
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MP Florida Association Of Destination Marketing Organizations BY: MP Major B. Harding 33657
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10/17/2013
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AMICUS CURIAE INITIAL BRIEF-MERITS
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MP Florida Association of Counties, Inc. BY: MP Virginia Saunders Delegal 989932
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10/17/2013
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APPENDIX-MERIT BRIEF
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MP Florida Association of Counties, Inc. BY: MP Virginia Saunders Delegal 989932
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10/17/2013
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MOTION-AMICUS CURIAE
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MP Associated Industries Of Florida, Inc. AIF BY: MP Cynthia Skelton Tunnicliff 134939
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10/17/2013
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AMICUS CURIAE INITIAL BRIEF-MERITS
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MP American Hotel And Lodging Association AHLA BY: MP Cynthia Skelton Tunnicliff 134939
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10/17/2013
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AMICUS CURIAE INITIAL BRIEF-MERITS
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MP Broward County, Florida BROWARD BY: MP Jon C. Moyle, Jr. 727016
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10/17/2013
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MOTION-AMICUS CURIAE
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MP Broward County, Florida BROWARD BY: MP Jon C. Moyle, Jr. 727016
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10/18/2013
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ORDER-AMICUS CURIAE GR
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The motion for leave to file brief as amicus curiae filed by Associated Industries of Florida is hereby granted and they are allowed to file brief only in support of petitioners. The brief by the above referenced amicus curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
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10/21/2013
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ORDER-AMICUS CURIAE GR
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The motion for leave to file brief as amici curiae filed by Broward County, Florida and Osceola County, Florida is hereby granted and they are allowed to file brief only in support of petitioner. The brief by the above referenced amici curiae was filed with this Court on October 17, 2013.
Amici Curiae Broward County, Florida and Osceola County, Florida's brief, filed with this Court on October 17, 2013, is accepted as timely filed.
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10/22/2013
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MAIL RETURNED
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PT Alachua County BY: PT Robert L. Nabors 97421
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PT Alachua County BY: PT Robert Lowry Nabors 97421 (ORDERS DATED 10/11/2013)
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10/22/2013
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AMICUS CURIAE INITIAL BRIEF-MERITS
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MPI Volusia County, Florida VOLUSIA BY: MPI Mary Griffo Jolley 80454
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COUNTY OF VOLUSIA AND SCHOOL BOARD OF VOLUSIA COUNTY, FLORIDA
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10/28/2013
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MAIL RETURNED
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RS Priceline.Com Incorporated BY: RS Darrel J. Hieber
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RS Priceline.Com Incorporated BY: RS Darrel J. Hieber (ORDER DATED 10/09/2013)
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10/30/2013
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MOTION-EXT OF TIME (ANSWER BRIEF-MERITS)
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RS Priceline.Com Incorporated BY: RS Mark Elliott Holcomb 500811
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AMENDED MOTION FILED 10/31/2013
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10/30/2013
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MOTION-TOLL TIME
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RS Priceline.Com Incorporated BY: RS Mark Elliott Holcomb 500811
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AMENDED MOTION FILED 10/31/2013
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10/31/2013
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MOTION-EXT OF TIME (ANSWER BRIEF-MERITS)
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RS Priceline.Com Incorporated BY: RS Mark Elliott Holcomb 500811
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AMENDED
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10/31/2013
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MOTION-TOLL TIME
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RS Priceline.Com Incorporated BY: RS Mark Elliott Holcomb 500811
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AMENDED
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11/04/2013
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ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS)
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11/07/2013
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RECORD/TRANSCRIPT
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Jon S. Wheeler BY: Jon S. Wheeler
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E-MAIL
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11/26/2013
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ANSWER BRIEF-MERITS
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RS Priceline.Com Incorporated BY: RS Mark Elliott Holcomb 500811
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11/26/2013
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APPENDIX-MERIT BRIEF
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RS Priceline.Com Incorporated BY: RS Mark Elliott Holcomb 500811
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TO ANSWER BRIEF MERITS
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11/27/2013
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MOTION-AMICUS CURIAE
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MR Florida Chamber Of Commerce, Inc. CHAMBER BY: MR Stephen H Grimes 32005
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FLORIDA CHAMBER OF COMMERCE, INC.
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12/06/2013
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MOTION-AMICUS CURIAE
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MR American Society Of Travel Agents ASTA BY: WE Susan L. Kelsey 772097
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OF AMERICAN SOCIETY OF TRAVEL AGENTS
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12/06/2013
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AMICUS CURIAE INITIAL BRIEF-MERITS
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MR American Society Of Travel Agents ASTA BY: WE Susan L. Kelsey 772097
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AMERICAN SOCIETY OF TRAVEL AGENTS IN SUPPORT OF RESPONDENTS
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12/06/2013
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ORDER-AMICUS CURIAE GR
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The motion for leave to file brief as amicus curiae filed by Florida Chamber of Commerce, Inc. is hereby granted and they are allowed to file brief only in support of respondent. The brief by the above referenced amicus curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
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12/06/2013
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MOTION-AMICUS CURIAE
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MR Florida Chamber Of Commerce, Inc. CHAMBER BY: MR Stephen H Grimes 32005
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FILED AS "RENEWED MOTION FOR LEAVE OF COURT TO FILE AN AMICUS CURIAE BRIEF"
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12/06/2013
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APPENDIX-MERIT BRIEF
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MR Florida Chamber Of Commerce, Inc. CHAMBER BY: MR Stephen H Grimes 32005
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TO AMICUS CURIAE ANSWER BRIEF
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12/06/2013
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AMICUS CURIAE ANSWER BRIEF-MERITS
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MR Florida Chamber Of Commerce, Inc. CHAMBER BY: MR Stephen H Grimes 32005
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12/16/2013
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REPLY BRIEF-MERITS
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PT Alachua County BY: PT Stephanie Anne Casey 97483
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12/17/2013
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NOTICE-ADDRESS CHANGE
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MP American Hotel And Lodging Association AHLA BY: MP Ashley Elizabeth Gault 97881
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12/18/2013
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ORDER-AMICUS CURIAE GR
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The motion for leave to file brief as amicus curiae filed by American Society of Travel Agents is hereby granted and they are allowed to file brief only in support of respondents. The brief by the above referenced amicus curiae was filed with this Court on December 6, 2013.
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12/30/2013
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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., Wednesday, April 30, 2014.
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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12/30/2013
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ORAL ARGUMENT CALENDAR
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03/26/2014
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MOTION-OTHER SUBSTANTIVE
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MPI Volusia County, Florida VOLUSIA BY: MPI Mary Griffo Jolley 80454
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FILED AS "JOINT MOTION SEEKING LEAVE TO APPEAR AT ORAL ARGUMENT"
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04/02/2014
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MOTION-OTHER SUBSTANTIVE
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RS Priceline.Com Incorporated BY: RS Mark Elliott Holcomb 500811
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FILED AS "RESPONDENTS' RESPONSE IN OPPOSITION TO AMICI CURIAE'S JOINT MOTION SEEKING LEAVE TO APPEAR AT ORAL ARGUMENT" (MOTION FOR ADDITIONAL ARGUMENT TIME IF AMICI MOTION IS GRANTED)
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04/16/2014
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ORDER-OTHER SUBSTANTIVE GR
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Broward County, Florida, Osceola County, Florida, County of Volusia, and School Board of Volusia County, Florida's Joint Motion Seeking Leave to Appear at Oral Argument has been granted in part. The respondent's request for an equal amount of additional argument time is granted. A maximum of twenty-five minutes to the side is allowed for the argument of which five minutes per side has been allocated for the above mentioned amici's argument and for the respondent's response to the amici's argument.
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04/17/2014
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MOTION-COUNS PRO HAC VICE (FOREIGN COUNSEL)
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MP Osceola County, Florida OSCEOLA BY: MP Jon C. Moyle, Jr. 727016
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GARY CRUCIANI
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04/21/2014
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ORDER-COUNSEL PRO HAC VICE GR (FOREIGN COUNSEL)
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The motion to appear pro hac vice filed in the above cause by Gary Cruciani, on behalf of Amici Curiae Broward County, Florida and Osceola County, Florida, 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.
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04/23/2014
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Pro Hac Vice
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2014 - 1021640 Amount: $100
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PRO HAC VICE FEE FOR GARY CRUCIANI
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04/23/2014
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NOTICE-APPEARANCE
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MP Osceola County, Florida OSCEOLA BY: MP Jon C. Moyle, Jr. 727016
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FOR GARY CRUCIANI
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04/23/2014
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FEE PAID-PRO HAC VICE
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FOR GARY CRUCIANI
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04/30/2014
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ORAL ARGUMENT HELD
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05/02/2014
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NOTICE-SUPPLEMENTAL AUTHORITY
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PT Alachua County BY: PT Roberto Martinez 305596
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05/14/2014
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MOTION-STRIKE
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RS Expedia, Inc. BY: RS Mark Elliott Holcomb 500811
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FILED AS RESPONDENTS' MOTION TO STRIKE PORTIONS OF PETITIONERS' NOTICE OF SUPPLEMENTAL AUTHORITY
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05/21/2014
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RESPONSE
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PT Alachua County BY: PT Roberto Martinez 305596
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FILED AS PETITIONERS' RESPONSE IN OPPOSITION TO RESPONDENTS' MOTION TO STRIKE PORTIONS OF PETITIONERS' NOTICE OF SUPPLEMENTAL AUTHORITY
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07/01/2014
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MOTION-COUNS WITHDRAWAL
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RS Expedia, Inc. BY: RS Mark Elliott Holcomb 500811
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07/02/2014: PLACED W/FILE
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07/08/2014
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ORDER-STRIKE DY
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Respondent's Motion to Strike Portions of Petitioners' Notice of Supplemental Authority is hereby denied and respondents' request to file a response to said notice of supplemental authority is also denied.
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07/10/2014
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NOTICE-SUPPLEMENTAL AUTHORITY
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RS Expedia, Inc. BY: RS Mark Elliott Holcomb 500811
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04/21/2015
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MOTION-COUNS WITHDRAWAL
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MR American Society Of Travel Agents ASTA BY: WE Susan L. Kelsey 772097
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FILED AS "AMICUS CURIAE'S COUNSEL'S AGREED MOTION TO WITHDRAW"
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04/23/2015
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ORDER-COUNS WITHDRAWAL GR
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The motion for withdrawal of counsel is granted and Susan L. Kelsey is hereby allowed to withdraw as counsel for American Society of Travel Agents.
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06/11/2015
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DISP-APPROVED
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We are bound by the constraints of existing jurisprudence to interpret Florida's TDT in accordance with the legislative intent found in the statute's plain language. See Gargett, 101 So. 3d at 356; Bennett, 71 So. 3d at 837. Thus, we conclude today that the language found in both of Florida's transient rental statutes is not ambiguous, and it does not provide a basis for interpreting that the TDT provides authority for the Counties to promulgate ordinances that subject the total monetary amounts OTCs charge their customers to the tax. Only the transient rental rate, which is set by the hotel and collected by the OTC in accordance with its contract with the hotel, is subject to taxation pursuant to the TDT. Accordingly, we answer the rephrased certified question in the negative and, therefore, approve the First District's Expedia decision.
Additionally, we commend counsel for the parties, as well as the amici curiae, for the high quality of the arguments presented in this closely contested case. The principled advocacy by the members of the Bar provided this Court with welcomed and valued assistance in our continuous efforts to resolve important questions of law.
It is so ordered.
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06/26/2015
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MOTION-REHEARING
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PT Alachua County BY: PT Roberto Martinez 305596
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(RC) FILED AS PETITIONERS' MOTION FOR REHEARING
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07/13/2015
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RESPONSE
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RS Expedia, Inc. BY: RS Mark Elliott Holcomb 500811
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FILED AS "RESPONDENTS' RESPONSE IN OPPOSITION TO PETITIONERS' MOTION FOR REHEARING"
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09/22/2015
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DISP-REHEARING DY
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Petitioners' Motion for Rehearing is hereby denied. (RC)
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10/16/2015
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MANDATE
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CC: COUNSEL
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