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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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01/05/2016
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NOTICE-DISCRETIONARY JURIS (CERT DIRECT CONFLICT)
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PT Elizabeth White BY: PT Jane Kreusler-Walsh 272371
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01/07/2016
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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 February 8, 2016, 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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01/07/2016
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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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01/07/2016
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Filing Fee $300
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2016 - 1025368 Amount: $300
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01/07/2016
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Fee Paid In Full - $300
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01/07/2016
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MOTION-EXT OF TIME (JURIS BRIEF)
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PT Elizabeth White BY: PT Rebecca Mercier Vargas 150037
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01/07/2016
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MOTION-TOLL TIME
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PT Elizabeth White BY: PT Rebecca Mercier Vargas 150037
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01/07/2016
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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 February 10, 2016, in which to serve the brief on jurisdiction. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO PETITIONER FOR THE FILING OF THE JURISDICTIONAL BRIEF. All other times will be extended accordingly.
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01/07/2016
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LETTER
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PT Elizabeth White BY: PT Jane Kreusler-Walsh 272371
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DATED 12/31/2015, RE: FILING FEE
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02/08/2016
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JURIS INITIAL BRIEF
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PT Elizabeth White BY: PT Rebecca Mercier Vargas 150037
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02/08/2016
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APPENDIX-JURIS BRIEF
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PT Elizabeth White BY: PT Rebecca Mercier Vargas 150037
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02/08/2016
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MOTION-ATTORNEYS FEES
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PT Elizabeth White BY: PT Rebecca Mercier Vargas 150037
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FILED AS "PETITIONER'S MOTION FOR APPELLATE ATTORNEY'S FEES"
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02/08/2016
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APPENDIX-MOTION
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PT Elizabeth White BY: PT Rebecca Mercier Vargas 150037
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FILED AS "APPENDIX TO PETITIONER'S MOTION FOR APPELLATE ATTORNEY'S FEES"
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02/29/2016
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MOTION-OTHER SUBSTANTIVE
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RS Mederi Caretenders Visiting Services Of Southeast Florida, Llc BY: RS Patrick M. Muldowney 978396
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FILED AS "RESPONDENTS' UNOPPOSED MOTION TO PERMIT LATE SERVICE OF RESPONDENTS' RESPONSE TO PETITIONER'S MOTION FOR APPELLATE ATTORNEYS' FEES"
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03/01/2016
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ORDER-OTHER SUBSTANTIVE GR
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Respondents' Unopposed Motion to Permit Late Service of Respondents' Response to Petitioner's Motion for Appellate Attorneys' Fees is hereby granted and respondents are allowed to and including March 7, 2016, in which to file a response. (03/02/16: AMENDED TO CHANGE ALL RESPONDENTS PLURAL)
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03/02/2016
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MOTION-EXT OF TIME (JURIS BRIEF)
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RS Mederi Caretenders Visiting Services Of Southeast Florida, Llc BY: RS Patrick M. Muldowney 978396
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03/02/2016
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RESPONSE
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RS Mederi Caretenders Visiting Services Of Southeast Florida, Llc BY: RS Patrick M. Muldowney 978396
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FILED AS "RESPONSE TO PETITIONER'S MOTION FOR APPELLATE ATTORNEYS' FEES"
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03/02/2016
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APPENDIX-RESPONSE
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RS Mederi Caretenders Visiting Services Of Southeast Florida, Llc BY: RS Patrick M. Muldowney 978396
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FILED AS "APPENDIX TO RESPONSE TO PETITIONER'S MOTION FOR APPELLATE ATTORNEYS' FEES"
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03/02/2016
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ORDER-EXT OF TIME GR (JURIS BRIEF-RESPONDENT)
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Respondents' Unopposed Motion for Extension of Time is granted and respondents are allowed to and including March 21, 2016, in which to serve the jurisdictional answer brief. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO RESPONDENTS FOR THE FILING OF THE JURISDICTIONAL ANSWER BRIEF.
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03/21/2016
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JURIS ANSWER BRIEF
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RS Mederi Caretenders Visiting Services Of Southeast Florida, Llc BY: RS Patrick M. Muldowney 978396
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BRIEF EXCEEDS PAGE LIMIT ** 03/23/16 STRICKEN**
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03/21/2016
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APPENDIX-JURIS BRIEF
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RS Mederi Caretenders Visiting Services Of Southeast Florida, Llc BY: RS Patrick M. Muldowney 978396
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APPENDIX CONTAINS MORE THAN THE DCA DECISION ** 03/23/16 STRICKEN**
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03/21/2016
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MOTION-ATTORNEYS FEES
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RS Mederi Caretenders Visiting Services Of Southeast Florida, Llc BY: RS Patrick M. Muldowney 978396
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FILED AS "RESPONDENTS' MOTION FOR APPELLATE ATTORNEYS' FEES"
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03/21/2016
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APPENDIX-MOTION
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RS Mederi Caretenders Visiting Services Of Southeast Florida, Llc BY: RS Patrick M. Muldowney 978396
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FILED AS "APPENDIX TO RESPONDENTS' MOTION FOR APPELLATE ATTORNEYS' FEES"
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03/23/2016
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ORDER-BRIEF/APPENDIX STRICKEN (NON-COMPLIANCE)
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Respondents' jurisdictional answer brief and appendix, which were filed with this Court on March 21, 2016, do not comply with Florida Rules of Appellate Procedure 9.120(d) and 9.210 and are hereby stricken. Respondents are hereby directed, on or before March 28, 2016, to file an amended brief or an amended brief with appendix which is double-spaced and submitted in either Times New Roman 14 point font or Courier New 12 point font. If respondents choose to file an amended brief with appendix, the appendix must only contain a copy of the opinion or order of the district court of appeal to be reviewed. The brief 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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03/28/2016
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JURIS ANSWER AMD BRIEF
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RS Mederi Caretenders Visiting Services Of Southeast Florida, Llc BY: RS Patrick M. Muldowney 978396
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03/28/2016
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APPENDIX-AMENDED-JURIS BRIEF
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RS Mederi Caretenders Visiting Services Of Southeast Florida, Llc BY: RS Patrick M. Muldowney 978396
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04/05/2016
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RESPONSE
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PT Elizabeth White BY: PT Rebecca Mercier Vargas 150037
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FILED AS "RESPONSE TO RESPONDENTS' MOTION FOR APPELLATE ATTORNEYS' FEES"
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07/08/2016
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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 July 28, 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 Fourth District Court of Appeal shall file the record which shall be properly indexed and paginated on or before September 6, 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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07/19/2016
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RECORD/TRANSCRIPT
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Lonn Weissblum 498017 BY: Lonn Weissblum 498017
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VOLUMES I- VI (FILED ELECTRONICALLY)
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07/19/2016
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RECORD
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Lonn Weissblum 498017 BY: Lonn Weissblum 498017
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CERTIFIED COPIES OF APPEAL PAPERS (FILED ELECTRONICALLY)
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07/19/2016
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RECORD/TRANSCRIPT
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Lonn Weissblum 498017 BY: Lonn Weissblum 498017
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VOLUMES 1 & 2 (FILED ELECTRONICALLY)
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07/27/2016
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MOTION-EXT OF TIME (INITIAL BRIEF-MERITS)
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PT Elizabeth White BY: PT Rebecca Mercier Vargas 150037
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FILED AS "UNOPPOSED MOTION FOR EXTENSION OF TIME TO SERVE INITIAL BRIEF ON THE MERITS"
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07/27/2016
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MOTION-TOLL TIME
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PT Elizabeth White BY: PT Rebecca Mercier Vargas 150037
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FILED AS "UNOPPOSED MOTION TO TOLL BRIEFING SCHEDULE PENDING DISPOSITION OF MOTION FOR EXTENSION OF TIME"
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07/28/2016
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ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS)
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Petitioner's "Unopposed Motion for Extension of Time to Serve Initial Brief on the Merits" is granted and petitioner is allowed to and including August 29, 2016, 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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08/25/2016
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MOTION-EXT OF TIME (INITIAL BRIEF-MERITS)
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PT Elizabeth White BY: PT Stephanie L. Serafin 58390
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FILED AS "UNOPPOSED MOTION FOR 5-DAY EXTENSION OF TIME TO SERVE INITIAL BRIEF ON THE MERITS"
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08/25/2016
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MOTION-TOLL TIME
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PT Elizabeth White BY: PT Stephanie L. Serafin 58390
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FILED AS "UNOPPOSED MOTION TO TOLL BRIEFING SCHEDULE PENDING DISPOSITION OF MOTION FOR 5-DAY EXTENSION OF TIME"
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08/26/2016
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ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS)
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Petitioner's "Unopposed Motion for 5-Day Extension of Time to Serve Initial Brief on the Merits" is granted and petitioner is allowed to and including September 6, 2016, 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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09/06/2016
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INITIAL BRIEF-MERITS
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PT Elizabeth White BY: PT Rebecca Mercier Vargas 150037
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FILED AS "PETITIONER'S INITIAL BRIEF ON THE MERITS"
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09/06/2016
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APPENDIX-MERIT BRIEF
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PT Elizabeth White BY: PT Rebecca Mercier Vargas 150037
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FILED AS "APPENDIX TO PETITIONER'S INITIAL BRIEF ON THE MERITS"
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09/29/2016
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MOTION-EXT OF TIME (ANSWER BRIEF-MERITS)
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RS Mederi Caretenders Visiting Services Of Southeast Florida, Llc BY: RS Patrick M. Muldowney 978396
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FILED AS "RESPONDENTS' UNOPPOSED MOTION FOR EXTENSION OF TIME TO SERVE ANSWER BRIEF ON THE MERITS"
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09/29/2016
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MOTION-TOLL TIME
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RS Mederi Caretenders Visiting Services Of Southeast Florida, Llc BY: RS Patrick M. Muldowney 978396
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FILED AS "RESPONDENTS' UNOPPOSED MOTION TO TOLL TIME TO SERVE THEIR ANSWER BRIEF ON THE MERITS PENDING RESOLUTION OF THEIR MOTION FOR EXTENSION OF TIME"
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09/30/2016
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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 Answer Brief on the Merits" is granted, and respondents are allowed to and including October 13, 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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10/10/2016
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MOTION-OTHER SUBSTANTIVE
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PT Elizabeth White BY: PT Rebecca Mercier Vargas 150037
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FILED AS "MOTION TO SET RELATED ORAL ARGUMENTS ON THE SAME DAY"
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10/13/2016
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ANSWER BRIEF-MERITS
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RS Mederi Caretenders Visiting Services Of Southeast Florida, Llc BY: RS Patrick M. Muldowney 978396
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FILED AS "RESPONDENTS' ANSWER BRIEF ON THE MERITS"
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10/13/2016
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REQUEST-ORAL ARGUMENT
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RS Mederi Caretenders Visiting Services Of Southeast Florida, Llc BY: RS Patrick M. Muldowney 978396
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FILED AS "RESPONDENTS' REQUEST FOR ORAL ARGUMENT"
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10/13/2016
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MOTION-ATTORNEYS FEES
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RS Mederi Caretenders Visiting Services Of Southeast Florida, Llc BY: RS Patrick M. Muldowney 978396
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FILED AS "RESPONDENTS' MOTION FOR ATTORNEYS' FEES"
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10/20/2016
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RESPONSE
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PT Elizabeth White BY: PT Rebecca Mercier Vargas 150037
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FILED AS "RESPONSE TO RESPONDENTS' SECOND MOTION FOR APPELLATE ATTORNEYS' FEES"
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10/27/2016
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ORDER-OTHER SUBSTANTIVE GR
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Petitioner's Motion to Set Related Oral Arguments on the Same Day is hereby granted. The Court shall hear oral argument in the above case on the same date as Americare Home Therapy, Inc., etc. v. Hiles, SC16-400. As previously ordered on July 8, 2016, 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.
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11/04/2016
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MOTION-EXT OF TIME (REPLY BRIEF-MERITS)
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PT Elizabeth White BY: PT Stephanie L. Serafin 58390
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FILED AS "UNOPPOSED MOTION FOR 14-DAY EXTENSION OF TIME TO SERVE REPLY BRIEF"
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11/04/2016
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MOTION-TOLL TIME
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PT Elizabeth White BY: PT Stephanie L. Serafin 58390
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FILED AS "UNOPPOSED MOTION TO TOLL BRIEFING SCHEDULE PENDING DISPOSITION OF MOTION FOR EXTENSION OF TIME"
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11/07/2016
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ORDER-EXT OF TIME GR (REPLY BRIEF-MERITS)
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Petitioner's "Unopposed Motion for 14-Day Extension of Time to Serve Reply Brief is granted and petitioner is allowed to and including November 23, 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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11/22/2016
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REPLY BRIEF-MERITS
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PT Elizabeth White BY: PT Stephanie L. Serafin 58390
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FILED AS "PETITIONER'S REPLY BRIEF ON THE MERITS"
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11/28/2016
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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., Thursday, March 9, 2017.
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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11/28/2016
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ORAL ARGUMENT CALENDAR
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12/08/2016
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ORDER-CONSOLIDATION
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The above cases are hereby consolidated, on the Court's own motion, for all appellate purposes. From this date forward, all documents pertaining to the above consolidated cases should be filed electronically through the Florida Courts E-Filing Portal using case number SC16-28 only.
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02/24/2017
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MOTION-ORAL ARGUMENT RECONSIDER
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PT Elizabeth White BY: PT Rebecca Mercier Vargas 150037
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FILED AS "MOTION TO SCHEDULE SEPARATE ORAL ARGUMENTS OR, ALTERNATIVELY, REALIGN THE PARTIES FOR THE PURPOSE OF ORAL ARGUMENT"
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02/27/2017
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ORDER-OTHER SUBSTANTIVE GR
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Petitioner Elizabeth White's, Motion to Schedule Separate Oral Arguments or, Alternatively, Realign the Parties for the Purpose of Oral Argument is hereby granted. The Court will hear separate oral arguments for both cases on Thursday, March 9, 2017. Each case shall have a maximum of twenty minutes per side, but counsel is expected to use only so much of that time as is necessary.
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03/09/2017
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ORAL ARGUMENT HELD
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08/28/2017
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ORDER-CASE STYLE CHANGE
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The style of the above case has been changed from Elizabeth White vs. Mederi Caretenders, Etc., Et Al. to Elizabeth White vs. Mederi Caretenders Visiting Services of Southeast Florida, LLC., Et Al.
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09/14/2017
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DISP-APPROVED IN PART
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FSC-OPINION: As a result, we approve the decision in White and quash the decision in Hiles. Finally, we remand to the district court with instructions to further remand to the appropriate trial court for any necessary further proceedings consistent with this opinion. It is so ordered.
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09/14/2017
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ORDER-ATTY FEES DY (J/M/O)
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Petitioner's motion for appellate attorneys' fees is hereby denied.
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09/14/2017
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ORDER-ATTY FEES GR & REMANDED (PARTY PREVAIL - M/O)
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Respondents' motion for appellate attorneys' fees is conditionally granted and remanded with the merits for a determination of the proper amount. However, this award of fees is contingent on the Respondents ultimately prevailing in the trial court and showing that they are entitled to attorneys' fees pursuant to the subject non-compete agreement.
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10/05/2017
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MANDATE
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CC: COUNSEL
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10/06/2017
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PUBLISH FULL
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