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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08/20/2015
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NOTICE-DISCRETIONARY JURIS (STAT VALID)
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PT Emma Gayle Weaver BY: PT Robert S. Peck
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COPY FILED 08/25/2015
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08/21/2015
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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 September 21, 2015, in which to submit the filing fee, or an order of insolvency, or a proper motion for leave to proceed in forma pauperis that complies with sections 57.081 and 57.082, Florida Statutes (2013). Failure to submit the filing fee or one 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 reinstatement.
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08/21/2015
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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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08/21/2015
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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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08/26/2015
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MOTION-COUNS PRO HAC VICE (FOREIGN COUNSEL)
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PT Emma Gayle Weaver BY: PT Virginia Marie Buchanan 793116
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VERIFIED MOTION FOR ADMISSION TO APPEAR PRO HAC VICE PURSUANT TO FLORIDA RULE OF JUDICIAL ADMINISTRATION 2.510
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08/28/2015
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Pro Hac Vice
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2015 - 1024609 Amount: $100
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08/28/2015
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Filing Fee $300
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2015 - 1024608 Amount: $300
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08/28/2015
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Fee Paid in Full
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08/31/2015
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JURIS INITIAL BRIEF
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PT Emma Gayle Weaver BY: PT Robert S. Peck
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EXCEEDS PAGE LIMIT **STRICKEN 09-08-2015**
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08/31/2015
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APPENDIX-JURIS BRIEF
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PT Emma Gayle Weaver BY: PT Robert S. Peck
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09/02/2015
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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 Robert S. Peck, on behalf of petitioner, 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 August 28, 2015.
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09/08/2015
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ORDER-BRIEF STRICKEN (NON-COMPLIANCE)
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Petitioner's jurisdictional initial brief, which was filed with this Court on August 31, 2015, does not comply with Florida Rule of Appellate Procedure 9.210 and is hereby stricken. Petitioner is hereby directed, on or before September 28, 2015, to serve an amended brief which is double-spaced and submitted in either Times New Roman 14 point font or Courier New 12 point font. It shall contain, in the following order: a cover sheet, a table of contents, a table of citations, a statement of the case and of the facts, a summary of argument, an argument, a conclusion and include a certificate of compliance which immediately follows the certificate of service. The brief shall not exceed 10 pages. The table of contents and citations, the certificates of service and compliance, and the signature block for the brief's author, shall be excluded from the computation.
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09/22/2015
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JURIS INITIAL AMD BRIEF
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PT Emma Gayle Weaver BY: PT Robert S. Peck
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AMENDED BRIEF OF PETITIONER ON JURISDICTION
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09/22/2015
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APPENDIX-JURIS BRIEF
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PT Emma Gayle Weaver BY: PT Robert S. Peck
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TO AMENDED BRIEF OF PETITIONER ON JURISDICTION
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10/06/2015
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JURIS ANSWER BRIEF
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RS Stephen C. Myers, M.D. BY: RS Erik P. Bartenhagen 43259
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04/13/2016
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ORDER-JURIS ACCEPT/BRIEF SCHED (OA LATER DATE)
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The Court accepts jurisdiction of this case.
Petitioner's initial brief on the merits shall be served on or before May 3, 2016; 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 June 13, 2016. The Clerk may provide the record in the format as currently maintained at the district court, either paper or electronic.
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05/03/2016
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INITIAL BRIEF-MERITS
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PT Emma Gayle Weaver BY: PT Robert S. Peck
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FILED AS " INITIAL BRIEF FOR PLAINTIFF-APPELLANT"
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05/03/2016
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APPENDIX-MERIT BRIEF
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PT Emma Gayle Weaver BY: PT Robert S. Peck
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05/17/2016
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MOTION-AMICUS CURIAE
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MP Florida Justice Association BY: MP Philip M. Burlington 285862
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FILED AS "MOTION OF FLORIDA JUSTICE ASSOCIATION FOR LEAVE TO FILE AN AMICUS CURIAE BRIEF IN SUPPORT OF APPELLANT OUT OF TIME"
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05/17/2016
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AMICUS CURIAE INITIAL BRIEF-MERITS
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MP Florida Justice Association BY: MP Adam Richardson 94886
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FILED AS "BRIEF OF AMICUS CURIAE FLORIDA JUSTICE ASSOCIATION IN SUPPORT OF EMMA GAYLE WEAVER"
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05/17/2016
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RECORD/TRANSCRIPT
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Jon S. Wheeler BY: Jon S. Wheeler
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ORIGINAL RECORD
VOLUMES I-IV (ELECTRONICALLY FILED)
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05/17/2016
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RECORD
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Jon S. Wheeler BY: Jon S. Wheeler
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CERTIFIED COPIES OF APPEAL PAPERS (ELECTRONICALLY FILED)
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05/18/2016
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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 Justice Association is hereby granted and they are allowed to file brief only in support of petitioner. The brief by the above referenced amicus curiae was filed with this Court on May 17, 2016.
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05/18/2016
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MOTION-TOLL TIME
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RS Stephen C. Myers, M.D. BY: RS Erik P. Bartenhagen 43259
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FILED AS "MOTION TO TOLL TIME FOR SERVING RESPONDENTS' ANSWER BRIEF ON THE MERITS"
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05/18/2016
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MOTION-EXT OF TIME (ANSWER BRIEF-MERITS)
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RS Stephen C. Myers, M.D. BY: RS Erik P. Bartenhagen 43259
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FILED AS "UNOPPOSED MOTION FOR EXTENSION OF TIME TO SERVE RESPONDENTS' BRIEF ON MERITS"
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05/18/2016
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ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS)
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Respondents' Unopposed Motion for Extension of Time to Serve Respondents' Brief on Merits is granted, and respondents are allowed to and including June 30, 2016, in which to serve the answer brief on the merits. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO RESPONDENTS FOR THE FILING OF THE ANSWER BRIEF ON THE MERITS. All other times will be extended accordingly.
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05/20/2016
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MOTION-AMICUS CURIAE
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MR Florida Justice Reform Institute BY: MR Mark K. Delegal 989924
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**FILED AS "UNOPPOSED MOTION FOR LEAVE OF COURT TO FILE AN AMICUS CURIAE BRIEF IN SUPPORT OF RESPONDENTS"**
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05/20/2016
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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 Justice Reform Institute 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).
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06/01/2016
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MOTION-AMICUS CURIAE
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MR Florida Hospital Association ("FHA") BY: MR Andrew S. Bolin 569097
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FILED AS "MOTION FOR LEAVE TO APPEAR AS AMICUS CURIAE
IN SUPPORT OF APPELLEES" ** DID NOT SERVE PETITIONERS AND RESPONDENTS** (AMENDED MOTION FILED 06/01/2016)
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06/01/2016
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ORDER-CERTIFICATE OF SERVICE COMPLIANCE
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All pleadings filed in this Court must contain a Certificate of Service stating the names and addresses of those served and, if served on an attorney, the name of the party that attorney represents. See Fla. R. App. P. 9.420. Your motion for leave to appear as amicus curiae in support of appellees will not be submitted to the Court until you have served all petitioners and respondents, and provide this Court with a proper Certificate of Service. Failure to provide this Court with a Certificate of Service within five days from the date of this order could result in the imposition of sanctions, including dismissal of the petition. See Fla. R. App. P. 9.410. Please understand that once this case is dismissed, it may not be subject to reinstatement.
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06/01/2016
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MOTION-AMICUS CURIAE
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MR Florida Hospital Association ("FHA") BY: MR Andrew S. Bolin 569097
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FILED AS "MOTION FOR LEAVE TO APPEAR AS AMICUS CURIAE IN SUPPORT OF APPELLEES"
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06/01/2016
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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 Hospital Association, the Florida Medical Association, and the American Medical Association 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).
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06/30/2016
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ANSWER BRIEF-MERITS
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RS Stephen C. Myers, M.D. BY: RS Erik P. Bartenhagen 43259
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FILED AS "RESPONDENTS' ANSWER BRIEF ON THE MERITS"
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06/30/2016
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APPENDIX-MERIT BRIEF
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RS Stephen C. Myers, M.D. BY: RS Erik P. Bartenhagen 43259
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FILED AS "RESPONDENTS' APPENDIX TO ANSWER BRIEF ON THE MERITS"
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07/06/2016
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MOTION-EXT OF TIME (REPLY BRIEF-MERITS)
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PT Emma Gayle Weaver BY: PT Robert S. Peck
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FILED AS "UNOPPOSED MOTION FOR EXTENSION OF TIME TO SERVE REPLY BRIEF ON MERTIS"
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07/06/2016
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ORDER-EXT OF TIME GR (REPLY BRIEF-MERITS)
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Petitioner's Unopposed Motion for Extension of Time to Serve Reply Brief on Merits is granted and petitioner is allowed to and including August 24, 2016, 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.
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07/11/2016
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MOTION-AMICUS CURIAE
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MR The Attorney General BY: MR Jordan E. Pratt 100958
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ATTORNEY GENERAL'S UNOPPOSED MOTION FOR
LEAVE TO FILE A BRIEF AS AMICUS CURIAE
IN SUPPORT OF RESPONDENTS
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07/11/2016
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AMICUS CURIAE ANSWER BRIEF-MERITS
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MR The Attorney General BY: MR Jordan E. Pratt 100958
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AMICUS BRIEF OF THE STATE OF FLORIDA
IN SUPPORT OF RESPONDENTS
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07/11/2016
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AMICUS CURIAE ANSWER BRIEF-MERITS
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MR Florida Hospital Association ("FHA") BY: MR Andrew S. Bolin 569097
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AMICUS BRIEF OF THE FLORIDA HOSPITAL ASSOCIATION, THE
FLORIDA MEDICAL ASSOCIATION AND THE AMERICAN MEDICAL
ASSOCIATION
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07/11/2016
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AMICUS CURIAE ANSWER BRIEF-MERITS
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MR Florida Justice Reform Institute BY: MR Mark K. Delegal 989924
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AMICUS CURIAE BRIEF OF
THE FLORIDA JUSTICE REFORM INSTITUTE
IN SUPPORT OF DEFENDANTS-APPELLEES
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07/12/2016
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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 Attorney General 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 July 11, 2016.
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08/24/2016
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REPLY BRIEF-MERITS
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PT Emma Gayle Weaver BY: PT Robert S. Peck
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FILED AS "REPLY BRIEF FOR PETITIONER"
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08/24/2016
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REQUEST-ORAL ARGUMENT
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PT Emma Gayle Weaver BY: PT Robert S. Peck
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FILED AS "PETITIONER'S MOTION REQUESTING ORAL ARGUMENT"
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08/30/2016
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ORDER-OA SCHED
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The above case is hereby scheduled for oral argument at 9:00 a.m., Thursday, December 8, 2016. 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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08/30/2016
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ORAL ARGUMENT CALENDAR
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12/08/2016
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ORAL ARGUMENT HELD
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11/09/2017
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DISP-QUASHED & REMANDED
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FSC-OPINION: We quash the decision below and remand for further proceedings consistent with this opinion. It is so ordered.
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11/30/2017
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MANDATE
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CC: COUNSEL
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12/04/2017
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PUBLISH FULL
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