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Click to open document 10/31/2016 NOTICE-DISCRETIONARY JURIS (CERT GPI) PT Luis Torres Jimenez BY: PT Marc A. Wites 24783 & DIRECT CONFLICT OF DECISIONS
Click to open document 10/31/2016 ACKNOWLEDGMENT LETTER-NEW CASE-PAY FEE Supreme Court Florida FSC BY: Supreme Court Florida FSC
Click to open document 10/31/2016 ORDER-BRIEF SCHED (JURIS ON MERIT CASE) 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 November 15, 2016, 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.
Click to open document 10/31/2016 PAY CASE FILING FEE-300 PT Luis Torres Jimenez BY: PT Stephen F. Rosenthal 131458
10/31/2016 Fee Paid Through Portal
Click to open document 11/01/2016 NOTICE-RELATED CASE(S) PT Luis Torres Jimenez BY: PT Stephen F. Rosenthal 131458
Click to open document 11/14/2016 JURIS INITIAL BRIEF PT Luis Torres Jimenez BY: PT Stephen F. Rosenthal 131458
Click to open document 11/14/2016 APPENDIX-JURIS BRIEF PT Luis Torres Jimenez BY: PT Stephen F. Rosenthal 131458
Click to open document 11/15/2016 NOTICE-APPEARANCE PT Luis Torres Jimenez BY: PT Louis C. Arslanian 801925
Click to open document 11/15/2016 MOTION-STAY (PROCEEDINGS BELOW) PT Luis Torres Jimenez BY: PT Louis C. Arslanian 801925 MOTION FOR REVIEW OF STAY ORDER AND DENIAL OF STAY PENDING SUPREME COURT REVIEW ENTERED BY LOWER TRIBUNAL
Click to open document 11/15/2016 APPENDIX-MOTION PT Luis Torres Jimenez BY: PT Louis C. Arslanian 801925 APPENDIX TO PETITIONER'S MOTION TO REVIEW STAY ORDER AND DENIAL OF STAY PENDING SUPREME COURT REVIEW ENTERED BY LOWER TRIBUNAL
Click to open document 11/15/2016 MOTION-MANDATE RECALL PT Luis Torres Jimenez BY: PT Louis C. Arslanian 801925 FILED AS MOTION TO RECALL MANDATE AND OTHER RELIEF
Click to open document 11/28/2016 ORDER-STAY PROCEEDINGS BELOW DY Petitioner's Motion for Review of Stay Order and Denial of Stay Pending Supreme Court Review Entered by Lower Tribunal filed in the above styled cause is hereby denied. Petitioner's Motion to Recall Mandate and Other Relief is hereby denied.
Click to open document 12/07/2016 JURIS ANSWER BRIEF RS State Of Florida STATE1 BY: RS Edward G. Guedes 768103
Click to open document 12/08/2016 JURIS ANSWER BRIEF RS Pamela Jo Bondi 886440 BY: RS Robert Edmund Dietz 845523 INTERVENER/APPELLEE, PAMELA JO BONDI'S, JURISDICTIONAL ANSWER BRIEF
Click to open document 05/16/2017 ORDER-JURIS ACCEPT/BRIEF SCHED (OA LATER DATE) The Court accepts jurisdiction of this case. Petitioner's initial brief on the merits must be served on or before June 5, 2017; respondent's answer brief on the merits must be served twenty days after service of petitioner's initial brief on the merits; and petitioner's reply brief on the merits must be served twenty days after service of respondent's answer brief on the merits. The Clerk of the Third District Court of Appeal must file the record which must be properly indexed and paginated on or before July 17, 2017. The Clerk may provide the record in the format as currently maintained at the district court, either paper or electronic. 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. **CORRECTED 05/16/17 -- The panel which accepts jurisdiction is now listed first, before the panel which lists the basis on which jurisdiction was denied.**
Click to open document 05/17/2017 MOTION-EXT OF TIME (INITIAL BRIEF-MERITS) PT Luis Torres Jimenez BY: PT Stephen F. Rosenthal 131458 PETITIONER'S UNOPPOSED MOTION FOR EXTENSION OF TIME TO SERVE INITIAL BRIEF
Click to open document 05/17/2017 MOTION-TOLL TIME PT Luis Torres Jimenez BY: PT Stephen F. Rosenthal 131458 PETITIONER'S UNOPPOSED MOTION TO TOLL THE TIME FOR FILING INITIAL BRIEF PENDING REVIEW OF MOTION FOR AN EXTENSION OF TIME TO SERVE INITIAL BRIEF
Click to open document 05/18/2017 ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS) Petitioner's Unopposed Motion for Extension of Time to Serve Initial Brief is granted and petitioner is allowed to and including June 30, 2017, in which to serve the initial brief on the merits. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied. All other times will be extended accordingly.
Click to open document 06/14/2017 MOTION-EXT OF TIME (ANSWER BRIEF-MERITS) RS Pamela Jo Bondi 886440 BY: RS Robert Edmund Dietz 845523 Attorney General's Unopposed Motion for Extension of Time to File Answer Brief
Click to open document 06/15/2017 ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS) The Attorney General's Unopposed Motion for Extension of Time to File Answer Brief is granted, and respondent is allowed to and including 45 days from the date that the initial brief is filed, in which to serve the answer brief on the merits. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied. All other times will be extended accordingly.
Click to open document 06/30/2017 INITIAL BRIEF-MERITS PT Luis Torres Jimenez BY: PT Stephen F. Rosenthal 131458 Petitioner's Initial Brief
Click to open document 06/30/2017 APPENDIX-MERIT BRIEF PT Luis Torres Jimenez BY: PT Stephen F. Rosenthal 131458 Petitioner's Appendix to Initial Brief
Click to open document 07/05/2017 MOTION-EXT OF TIME (ANSWER BRIEF-MERITS) RS State Of Florida STATE1 BY: RS Edward G. Guedes 768103 City of Aventura's Unopposed Motion for Extension of Time to Serve Answer Brief on Merits - Copy filed 7/6/2017
Click to open document 07/06/2017 ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS) City of Aventura's Unopposed Motion for Extension of Time to Serve Answer Brief on Merits is granted, and respondent is allowed to and including August 14, 2017, in which to serve the answer brief on the merits. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied. All other times will be extended accordingly.
Click to open document 07/06/2017 MOTION-EXT OF TIME (ANSWER BRIEF-MERITS) RS State Of Florida STATE1 BY: RS Edward G. Guedes 768103 City of Aventura's Unopposed Motion for Extension of Time to Serve Answer Brief on Merits - Copy of motion filed 7/5/2017.
Click to open document 07/17/2017 MOTION-AMICUS CURIAE MR Florida League Of Cities, Inc. BY: MR E. Bruce Johnson 262137 Motion for Leave to Appear as Amicus Curiae
Click to open document 07/17/2017 ORDER-AMICUS CURIAE GR The Motion for Leave to Appear as Amicus Curiae filed by The Florida League of Cities, Inc., Village of Bal Harbor, City of Cocoa Beach, Town of Cutler Bay, City of Doral, Village of Key Biscayne, City of Miami Gardens, Village of Palm Springs, City of Sunrise, City of West Park, Town of Campbellton, City of Clermont, City of Coral Springs, Village of El Portal, City of Green Cove Springs, City of Hialeah Gardens, City of Holly Hill, Town of Juno Beach, City of Lauderdale Lakes, City of Miami Springs, City of Milton, North Bay Village, City of Oldsmar, City of Opa-locka, Town of Orange Park, City of Palatka, City of Palm Coast, City of Surfside, City of Sweetwater, City of Tamarac, City of West Miami, and City of Pembroke Pines is hereby granted and they are allowed to file brief only in support of respondent, City of Aventura. The brief by the above referenced amici curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
Click to open document 07/17/2017 RECORD/TRANSCRIPT Mary Cay Blanks D3 BY: Mary Cay Blanks D3 Record on Appeal - Filed electronically.
Click to open document 07/17/2017 RECORD/TRANSCRIPT Mary Cay Blanks D3 BY: Mary Cay Blanks D3 8 Volumes Record on Appeal - Filed electronically.
Click to open document 08/04/2017 MOTION-EXT OF TIME (ANSWER BRIEF-MERITS) RS Pamela Jo Bondi 886440 BY: RS Robert Edmund Dietz 845523
Click to open document 08/04/2017 MOTION-TOLL TIME RS Pamela Jo Bondi 886440 BY: RS Robert Edmund Dietz 845523
Click to open document 08/04/2017 ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS) Respondent's motion for extension of time is granted, and respondent is allowed to and including August 28, 2017, in which to serve the answer brief on the merits. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied. All other times will be extended accordingly.
Click to open document 08/09/2017 MOTION-EXT OF TIME (ANSWER BRIEF-MERITS) RS State Of Florida STATE1 BY: RS Edward G. Guedes 768103 City of Aventura's Unopposed Motion for Extension of Time to Serve Answer Brief on Merits
Click to open document 08/09/2017 MOTION-TOLL TIME RS State Of Florida STATE1 BY: RS Edward G. Guedes 768103 City of Aventura's Motion to Toll Deadline to Serve Answer Brief on Merits
Click to open document 08/09/2017 ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS) City of Aventura's Unopposed Motion for Extension of Time to Serve Answer Brief on Merits is granted, and respondent is allowed to and including August 28, 2017, in which to serve the answer brief on the merits. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied. All other times will be extended accordingly.
Click to open document 08/22/2017 MOTION-EXT OF TIME (REPLY BRIEF-MERITS) PT Luis Torres Jimenez BY: PT Stephen F. Rosenthal 131458 Petitioner's Unopposed Motion for Extension of Time to Serve Reply Brief
Click to open document 08/22/2017 MOTION-TOLL TIME PT Luis Torres Jimenez BY: PT Stephen F. Rosenthal 131458 Petitioner's Motion to Toll Deadline to Serve Reply Brief Pending Ruling on Unopposed Motion for Extension of Time
Click to open document 08/23/2017 ORDER-EXT OF TIME GR (REPLY BRIEF-MERITS) Petitioner's motion for extension of time is granted and petitioner is allowed to and including October 6, 2017, in which to serve the reply brief on the merits. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.
Click to open document 08/28/2017 ANSWER BRIEF-MERITS RS State Of Florida STATE1 BY: RS Edward G. Guedes 768103 Answer Brief on Merits of City of Aventura
Click to open document 08/28/2017 APPENDIX-MERIT BRIEF RS State Of Florida STATE1 BY: RS Edward G. Guedes 768103 Appendix to City of Aventura's Answer Brief on Merits
Click to open document 08/28/2017 ANSWER BRIEF-MERITS RS Pamela Jo Bondi 886440 BY: RS Amit Agarwal 125637 The Attorney General's Answer Brief
Click to open document 08/30/2017 AMICUS CURIAE ANSWER BRIEF-MERITS MR Florida League Of Cities, Inc. BY: MR Christopher J. Stearns 557870 Amicus Curiae Brief of Local Governments
Click to open document 09/25/2017 MOTION-BRIEF PAGE ENLARGEMENT PT Luis Torres Jimenez BY: PT Stephen F. Rosenthal 131458 Petitioner's Unopposed Motion for Leave to File Reply Brief in Excess of Page Limit
Click to open document 09/25/2017 MOTION-TOLL TIME PT Luis Torres Jimenez BY: PT Stephen F. Rosenthal 131458 Petitioner's Motion to Toll Deadline to Serve Reply Brief Pending Ruling on Unopposed Motion for Leave to File Reply Brief in Excess of Page Limit
Click to open document 09/25/2017 ORDER-TOLLING GR Petitioner's Motion to Toll Deadline to Serve Reply Brief Pending Ruling on Unopposed Motion for Leave to File Reply Brief in Excess of Page Limit is granted and the time for filing said brief is tolled pending resolution of petitioner's Motion for Leave to File Reply Brief in Excess of Page Limit.
Click to open document 09/25/2017 ORDER-BRIEF PAGE ENLARGEMENT GR Petitioner's Motion for Leave to File Reply Brief in Excess of Page Limit is hereby granted.
Click to open document 09/29/2017 MOTION-RECORD SUPPLEMENTATION PT Luis Torres Jimenez BY: PT Stephen F. Rosenthal 131458 Petitioner's Unopposed Motion to Supplement the Record with Visible Copies of Photographic Evidence in the Record *Corrected motion filed 9/29/2017*
Click to open document 09/29/2017 MOTION-TOLL TIME PT Luis Torres Jimenez BY: PT Stephen F. Rosenthal 131458 Petitioner's Motion to Toll Deadline to Serve Reply Brief Pending Ruling on Unopposed Motion to Supplement the Record on Appeal
Click to open document 09/29/2017 ORDER-TOLLING GR Petitioner's Motion to Toll Deadline to Serve Reply Brief is granted and the time for filing said brief is tolled pending resolution of petitioner's Motion to Supplement the Record with Visible Copies of Photographic Evidence in the Record.
Click to open document 09/29/2017 MOTION-RECORD SUPPLEMENTATION PT Luis Torres Jimenez BY: PT Stephen F. Rosenthal 131458 Petitioner's Unopposed Corrected Motion to Supplement the Record with Visible Copies of Photographic Evidence in the Record
Click to open document 10/02/2017 ORDER-RECORD SUPPLEMENTATION GR (MISC) Petitioner's motion to supplement the record is granted and petitioner is hereby directed to file the visible copies of photographic evidence in the appendix to the reply brief.
Click to open document 10/06/2017 REPLY BRIEF-MERITS PT Luis Torres Jimenez BY: PT Stephen F. Rosenthal 131458 Petitioner's Reply Brief
Click to open document 10/06/2017 APPENDIX-MERIT BRIEF PT Luis Torres Jimenez BY: PT Stephen F. Rosenthal 131458 Appendix to Petitioner's Reply Brief -- Stricken October 10, 2017, in light of filing of amended appendix.
Click to open document 10/10/2017 APPENDIX-AMENDED-MERIT BRIEF PT Luis Torres Jimenez BY: PT Stephen F. Rosenthal 131458 Amended Appendix to Petitioner's Reply Brief
Click to open document 10/10/2017 ORDER-APPENDIX STRICKEN In light of the filing of petitioner's Amended Appendix to Petitioner's Reply Brief filed with this Court on October 10, 2017, it is ordered that petitioner's Appendix to Petitioner's Reply Brief filed with this Court on October 6, 2017, is hereby stricken.
Click to open document 10/16/2017 ORDER-OA SCHED (PREV ACCEPTED) The Court previously accepted jurisdiction. The Court will hear oral argument at 9:00 a.m., Wednesday, February 7, 2018. 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.
02/07/2018 ORAL ARGUMENT HELD
Click to open document 05/03/2018 DISP-APPROVED Accordingly, we answer the rephrased certified question in the affirmative and approve the decision of the Third District in Jimenez. We also approve the decision of the Second District in Trinh and disapprove the decision of the Fourth District in Arem to the extent it is inconsistent with this opinion. It is so ordered.
Click to open document 05/18/2018 MOTION-REHEARING PT Luis Torres Jimenez BY: PT Louis C. Arslanian 801925
Click to open document 05/18/2018 APPENDIX-MOTION PT Luis Torres Jimenez BY: PT Louis C. Arslanian 801925
Click to open document 05/18/2018 RESPONSE RS State Of Florida STATE1 BY: RS Edward G. Guedes 768103 CITY OF AVENTURA'S RESPONSE IN OPPOSITION TO EDWIN CHRISTMAN'S MOTION FOR LEAVE OF COURT TO FILE BRIEF AS AMICUS CURIAE
Click to open document 05/21/2018 MOTION-AMICUS CURIAE Edwin Roy Christman BY: Edwin Roy Christman