|
STATE OF FLORIDA, DEPARTMENT OF CHILDREN AND FAMILIES, VS THE MCCLATCHY COMPANY, LLC, etc., et al.,
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3D2021-2085
|
2021-10-21
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
21-3289
|
Parties
| Name |
Department of Children and Families
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
ANDREW J. MCGINLEY
|
|
| Name |
THE NEW YORK TIMES COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
FIRST AMENDMENT FOUNDATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
THE MCCLATCHY COMPANY, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Dana J. McElroy, CAROL JEAN LOCICERO, MARK R. CARAMANICA
|
|
| Name |
FLORIDA PRESS ASSOCIATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
WPLG, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
TIMES PUBLISHING COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
GANNETT CO., INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
GRAHAM MEDIA GROUP, FLORIDA, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SCC COMMUNICATIONS, THE FLORIDA STAR NEWSPAPER, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
THE ASSOCIATED PRESS
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
GRAHAM MEDIA GROUP, ORLANDO, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SCRIPPS MEDIA, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Barbara Areces
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-12-20
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-12-20
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2021-11-29
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2021-11-29
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Appeal Dismissed by the Court (DA11) ~ Upon consideration of Appellees’ Motion to Dismiss Appeal for Lack of Jurisdiction, and the Response thereto (filed late without leave or justification), the Court determines that the order on appeal is not a final, appealable order. Appellant’s counterclaim is inextricably intertwined with Appellees’ public records claim. The Court therefore lacks jurisdiction to review the challenged order, and hereby dismisses the appeal without prejudice. See S.L.T. Warehouse Co. v. Webb, 304 So. 2d 97, 99 (Fla. 1974); see also Almacenes El Globo De Quito v. Dalbeta L.C., 181 So. 3d 559, 562 (Fla. 3d DCA 2015) (“If all claims arise from the same set of facts, an order resolving fewer than all of the counts is not appealable under Rule 9.110(k).”). Appellees’ Motion to Strike Appellant’s Response to Motion to Dismiss, or in the Alternative, for an Extension to File Reply is hereby denied as moot. Appellees’ Motion for Attorney’s Fees Incurred on Appeal is conditionally granted, and the matter is remanded to the trial court.
|
|
| Docket Date |
2021-11-24
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike ~ APPELLEES' MOTION TO STRIKE APPELLANT'S RESPONSETO MOTION TO DISMISS, OR IN THE ALTERNATIVE, FOR ANEXTENSION TO FILE REPLY
|
| On Behalf Of |
THE MCCLATCHY COMPANY, LLC
|
|
| Docket Date |
2021-11-24
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANT'S RESPONSE TO APPELLEES' MOTION TO DISMISS
|
| On Behalf Of |
Department of Children and Families
|
|
| Docket Date |
2021-11-22
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ APPENDIX TO APPELLANT'S INITITIAL BRIEF
|
| On Behalf Of |
Department of Children and Families
|
|
| Docket Date |
2021-11-22
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Department of Children and Families
|
|
| Docket Date |
2021-11-18
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
Order Response: Motion (OR23) ~ Appellant is ordered to file a response on or before November22, 2021, to the Motion to Dismiss Appeal for Lack of Jurisdiction.Appellees may file a reply within twenty-four (24) hours of the filing of theresponse.
|
|
| Docket Date |
2021-11-16
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2021-11-03
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ APPELLEES' MOTION FOR ATTORNEY'SFEES INCURRED ON APPEAL
|
| On Behalf Of |
THE MCCLATCHY COMPANY, LLC
|
|
| Docket Date |
2021-11-02
|
| Type |
Motions Other
|
| Subtype |
Motion To Expedite
|
| Description |
Motion to expedite granted (OG08) ~ Appellees' Motion for Expedited Consideration is herebygranted. The initial brief shall be filed within twenty (20) days from the dateof this Order. The answer brief shall be filed within fifteen (15) days ofservice of the initial brief. The reply brief may be filed within seven (7) daysof service of the answer brief.
|
|
| Docket Date |
2021-11-01
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANT'S RESPONSE TO APPELLEES' MOTION FOR EXPEDITED CONSIDERATION
|
| On Behalf Of |
Department of Children and Families
|
|
| Docket Date |
2021-11-01
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
Order Response: Motion (OR23) ~ Appellant is ordered to file a response by noon on Tuesday, November 2, 2021, to the Motion for Expedited Consideration.
|
|
| Docket Date |
2021-10-29
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ APPENDIX TO APPELLEES' MOTION TO DISMISS APPEALFOR LACK OF JURISDICTION
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| On Behalf Of |
THE MCCLATCHY COMPANY, LLC
|
|
| Docket Date |
2021-10-29
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss ~ APPELLEES' MOTION TO DISMISS APPEALFOR LACK OF JURISDICTION
|
| On Behalf Of |
THE MCCLATCHY COMPANY, LLC
|
|
| Docket Date |
2021-10-21
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Department of Children and Families
|
|
| Docket Date |
2021-10-21
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
WW1:Waived-9.430
|
|
| Docket Date |
2021-10-21
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. **The $300 filing fee for an appeal is due.
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|
EDUARDO QUIN IGLESIAS/REAL ASSET MANAGEMENT VS ROBERT CREED NORMAN a/k/a BOB NORMAN and WPLG, INC.
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4D2021-2859
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2021-10-06
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Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE18-003816
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Parties
| Name |
Eduardo Quin Iglesias
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Eduardo Quin/Real Asset Management
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
WPLG, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Robert Creed Norman
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Karen Williams Kammer, Steven B. Katz
|
|
| Name |
Hon. Keathan B. Frink
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-12-23
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2022-11-29
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2022-11-29
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing En Banc
|
| Description |
Order Denying Rehearing En Banc ~ ORDERED that appellant's November 1, 2022 motion for rehearing en banc and clarification is denied.
|
|
| Docket Date |
2022-11-02
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Robert Creed Norman
|
|
| Docket Date |
2022-11-01
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion for Rehearing / Rehearing En Banc ~ AND CLARIFICATION
|
| On Behalf Of |
Eduardo Quin Iglesias
|
|
| Docket Date |
2022-10-19
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
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| Description |
Deny Attorney's Fees ~ ORDERED that appellees’ April 8, 2022 motion for appellate attorney's fees is denied.
|
|
| Docket Date |
2022-10-19
|
| Type |
Disposition by Opinion
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| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Opinion
|
|
| Docket Date |
2022-04-11
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that appellees' appendix to the answer brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.220(c), which was amended effective October 1, 2017, in that it was not properly indexed and consecutively paginated, beginning with the cover sheet as page 1, and was not paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index. An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
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|
| Docket Date |
2022-04-11
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Robert Creed Norman
|
|
| Docket Date |
2022-04-08
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Robert Creed Norman
|
|
| Docket Date |
2022-04-08
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ **STRICKEN**
|
| On Behalf Of |
Robert Creed Norman
|
|
| Docket Date |
2022-04-08
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ WPLG, INC. AND BOB NORMAN
|
| On Behalf Of |
Robert Creed Norman
|
|
| Docket Date |
2022-02-14
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 45 DAYS TO 4/8/22.
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|
| Docket Date |
2022-02-14
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| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
Robert Creed Norman
|
|
| Docket Date |
2022-01-24
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Eduardo Quin Iglesias
|
|
| Docket Date |
2022-01-13
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, on or before January 24, 2022, why the above-styled case should not be dismissed for lack of timely prosecution, in that appellant's initial brief has not been filed with this court as of this date. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief is filed within this time, the order to show cause will be considered automatically discharged without further order.
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| Docket Date |
2021-12-07
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| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ (2599 PAGES)
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2021-10-14
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Eduardo Quin Iglesias
|
|
| Docket Date |
2021-10-06
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| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2021-10-06
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Eduardo Quin Iglesias
|
|
| Docket Date |
2021-10-06
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| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee - pro se civil appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes, is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED, appellant shall pay the $300.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of the entry of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee.If appellant has already been found indigent for purposes of proceedings in the lower tribunal, in this case, appellant shall file a copy of that order in this court. If appellant does not have an order or a determination of indigent status and believes that he or she is insolvent, appellant shall complete the enclosed application and mail to the clerk of the lower tribunal within fifteen (15) days from the date of this order. A Notice of Compliance that you have applied for indigent status, must also be filed with this court. The clerk of the lower tribunal shall forward the Clerk's Determination to this court within ten (10) days of receipt. Failure of appellant to comply with this order will result in the dismissal of this appeal.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a lower tribunal clerk's determination of indigent status is filed.
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| Docket Date |
2021-10-06
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
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MIAMI HERALD MEDIA COMPANY AND WPLG, INC. VS IN RE: STATE OF FLORIDA vs. KAHEEM ARBELO, et al.,
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3D2017-0079
|
2017-01-11
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Criminal - Review of Order Excluding Press or Public
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| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
15-16544
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Parties
| Name |
MIAMI HERALD MEDIA COMPANY
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
SANFORD L. BOHRER, KAREN WILLIAMS KAMMER, SCOTT D. PONCE
|
|
| Name |
WPLG, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
KAHEEM ARBELO
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Philip L. Reizenstein, John Eddy Morrison, ALEJANDRA LOPEZ, JONATHAN TANOOS, SCOTT W. SAKIN, MICHAEL VON ZAMFT, LANE S. ABRAHAM, Public Defender Appeals, Office of Attorney General, G. P. DELLA FERA, Regional Counsel, ROBERT C. FINLAY, III
|
|
| Name |
The State of Florida
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
HON. DAVA J. TUNIS
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2017-01-11
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay
|
| On Behalf Of |
MIAMI HERALD MEDIA COMPANY
|
|
| Docket Date |
2017-05-12
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2017-04-26
|
| Type |
Disposition by Opinion
|
| Subtype |
Denied
|
| Description |
Denied - Authored Opinion
|
|
| Docket Date |
2017-04-21
|
| Type |
Record
|
| Subtype |
Exhibits
|
| Description |
Received Exhibits ~ Sealed documents for review
|
| On Behalf Of |
KAHEEM ARBELO
|
|
| Docket Date |
2017-04-19
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
KAHEEM ARBELO
|
|
| Docket Date |
2017-04-13
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ to Court's order dated 4/13/17
|
| On Behalf Of |
KAHEEM ARBELO
|
|
| Docket Date |
2017-04-13
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER (OR999) ~ Upon consideration of the petitioners¿ expedited motion for review under Florida Rule of Appellate Procedure 9.100(d) of pretrial orders precluding the petitioners¿ access to designated discovery items, the defendants are directed to file promptly, under seal, copies of those discovery items which were requested by the petitoners, but which have not been released to the petitioners, by virtue of the defendants¿ motions and the orders presently under review.LAGOA, SALTER and LOGUE, JJ., concur.
|
|
| Docket Date |
2017-03-06
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ of unavailability
|
| On Behalf Of |
KAHEEM ARBELO
|
|
| Docket Date |
2017-01-27
|
| Type |
Response
|
| Subtype |
Reply
|
| Description |
Reply
|
| On Behalf Of |
MIAMI HERALD MEDIA COMPANY
|
|
| Docket Date |
2017-01-25
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
KAHEEM ARBELO
|
|
| Docket Date |
2017-01-25
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ of the State of Florida to the petition for review
|
| On Behalf Of |
KAHEEM ARBELO
|
|
| Docket Date |
2017-01-20
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion Granted (OG999) ~ Petitioners¿ motion for leave to file a single reply after the filing of the last filed response is granted as stated in the motion. Respondent the State of Florida¿s motion for an extension of time to file a response to the petition for review is granted to and including January 25, 2017.
|
|
| Docket Date |
2017-01-18
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ of Kaheem Arbelo to the petition for review
|
| On Behalf Of |
KAHEEM ARBELO
|
|
| Docket Date |
2017-01-18
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ Document No.15 of their appendix
|
| On Behalf Of |
MIAMI HERALD MEDIA COMPANY
|
|
| Docket Date |
2017-01-18
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ to the response
|
| On Behalf Of |
KAHEEM ARBELO
|
|
| Docket Date |
2017-01-18
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ motion for leave to file a single reply after the filing of the last-filed response
|
| On Behalf Of |
MIAMI HERALD MEDIA COMPANY
|
|
| Docket Date |
2017-01-17
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
| On Behalf Of |
KAHEEM ARBELO
|
|
| Docket Date |
2017-01-17
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Extension granted to respond to petition (OG01) ~ Jonathan Lucas¿s motion for an extension of time to file a response to the petition for review and relief from the Court¿s order dated January 11, 2017 is granted, and Jonathan Lucas is granted until January 25, 2017
|
|
| Docket Date |
2017-01-17
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ of Desiray Strickland to the petition for review
|
| On Behalf Of |
KAHEEM ARBELO
|
|
| Docket Date |
2017-01-12
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
| On Behalf Of |
KAHEEM ARBELO
|
|
| Docket Date |
2017-01-12
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
KAHEEM ARBELO
|
|
| Docket Date |
2017-01-11
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2017-01-11
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Filed
|
| On Behalf Of |
The State of Florida
|
|
| Docket Date |
2017-01-11
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
MIAMI HERALD MEDIA COMPANY
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|
| Docket Date |
2017-01-11
|
| Type |
Order
|
| Subtype |
Order to Respond to Petition
|
| Description |
Order Resp. on all Petitions except Prohibi(OR12L) ~ Upon consideration, petitioners¿ motion to stay hearing in lower tribunal is granted and the trial court¿s January 18, 2017 Arthur hearings are stayed pending further order of this Court.The State of Florida and other respondents are ordered to file a response by noon, Wednesday, January 18, 2017. The petitioners may file a reply within two (2) days of the filing of the response.WELLS, SALTER and LOGUE, JJ., concur.
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|
| Docket Date |
2017-01-11
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. ** The $300 filing fee for a petition is due.
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BOARD OF TRUSTEES, JACKSONVILLE POLICE & FIRE PENSION FUND, ETC. VS CURTIS W. LEE
|
SC2013-1315
|
2013-07-02
|
Closed
|
|
| Classification |
Discretionary Review - Notice to Invoke - Direct Conflict of Decisions
|
| Court |
Supreme Court of Florida
|
| Originating Court |
Circuit Court for the Fourth Judicial Circuit, Duval County
1D12-587
Circuit Court for the Fourth Judicial Circuit, Duval County
16-2010-CA-000667
|
Parties
| Name |
BOARD OF TRUSTEES OF THE JACKSONVILLE POLICE & FIRE
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Stuart A. Kaufman, Mr. Robert David Klausner, Paul A. Daragjati, Adam Phillip Levinson
|
|
| Name |
CURTIS W. LEE
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Hon. Robert Michael Dees
|
|
| Name |
CREATIVE LOAFING TAMPA, LLC
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
| Representations |
JONATHAN D. KANEY, JR., Mr. David M. Snyder
|
|
| Name |
FIRST AMENDMENT FOUNDATION, INC.
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
| Representations |
JONATHAN D. KANEY, JR., Mr. David M. Snyder
|
|
| Name |
MEDIA GENERAL OPERATIONS, INC.
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
| Representations |
Mr. David M. Snyder, JONATHAN D. KANEY, JR.
|
|
| Name |
JOSEPH L. BRECHNER CENTER FOR FREEDOM OF INFORMATION
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
| Representations |
JONATHAN D. KANEY, JR., Mr. David M. Snyder
|
|
| Name |
D/B/A WFLA-TV
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
| Representations |
Mr. David M. Snyder, JONATHAN D. KANEY, JR.
|
|
| Name |
FLORIDA SCHOLASTIC PRESS ASSOCIATION, INC.
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
| Representations |
JONATHAN D. KANEY, JR., Mr. David M. Snyder
|
|
| Name |
TIMES PUBLISHING COMPANY
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
| Representations |
Mr. David M. Snyder, JONATHAN D. KANEY, JR.
|
|
| Name |
The Florida Press Association, Inc.
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
| Representations |
JONATHAN D. KANEY, JR., Mr. David M. Snyder
|
|
| Name |
DENNIS RIBAYA
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
| Representations |
Mr. David M. Snyder, JONATHAN D. KANEY, JR.
|
|
| Name |
PATRICK LYNCH
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
| Representations |
Mr. David M. Snyder, JONATHAN D. KANEY, JR.
|
|
| Name |
WPLG, INC.
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
| Representations |
Mr. David M. Snyder, JONATHAN D. KANEY, JR.
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|
| Name |
SOCIETY OF PROFESSIONAL JOURNALISTS
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
| Representations |
JONATHAN D. KANEY, JR., Mr. David M. Snyder
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|
| Name |
COX MEDIA, L.L.C.
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
| Representations |
JONATHAN D. KANEY, JR., Mr. David M. Snyder
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|
| Name |
SANDRA FERGUSON CHANCE
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
| Representations |
JONATHAN D. KANEY, JR., Mr. David M. Snyder
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|
| Name |
Hon. James Hunt Daniel
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Jon S. Wheeler
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Ronnie Fussell
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
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Docket Entries
| Docket Date |
2016-05-11
|
| Type |
Mandate
|
| Subtype |
Mandate Issued
|
| Description |
MANDATE ~ CC: COUNSEL
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|
| Docket Date |
2016-05-05
|
| Type |
Miscellaneous Document
|
| Subtype |
Publish Full
|
| Description |
PUBLISH FULL
|
| View |
View File
|
|
| Docket Date |
2016-04-14
|
| Type |
Order
|
| Subtype |
Atty Fees DY (J/M/O)
|
| Description |
ORDER-ATTY FEES DY (J/M/O) ~ Respondent's motion for appellate attorney's fees filed with this Court on August 8, 2014, pursuant to Fla. R. App. P. 9.400 and section 119.12, Florida Statutes, and Respondent's request to reverse the First District Court of Appeal's denial of appellate attorney's fees, as reflected in Respondent's Answer Brief, are hereby denied.
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|
| Docket Date |
2016-04-14
|
| Type |
Disposition
|
| Subtype |
Approved
|
| Description |
DISP-APPROVED ~ FSC-OPINION: For the reasons set forth in this opinion, we approve the First District's decision in Lee and the Second District's decision in Gonzalez to the extent they are consistent with our analysis. We disapprove the decisions in Althouse, Greater Orlando, and Knight Ridder, to the extent those cases require a showing that a public agency acted unreasonably or in bad faith before allowing recovery of attorney's fees under the Public Records Act. We remand this case for further proceedings consistent with this opinion, including a determination of the amount of attorney's fees to be awarded.It is so ordered.
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| View |
View File
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|
| Docket Date |
2015-11-19
|
| Type |
Record
|
| Subtype |
Record/Transcript
|
| Description |
RECORD/TRANSCRIPT ~ Supreme Court Record
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|
| Docket Date |
2015-04-02
|
| Type |
Notice
|
| Subtype |
Supplemental Authority
|
| Description |
NOTICE-SUPPLEMENTAL AUTHORITY ~ FILED AS "RESPONDENT'S CORRECTED NOTICE OF SUPPLEMENTAL AUTHORITY (As to Date of Service Only)"
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| On Behalf Of |
CURTIS W. LEE
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|
| Docket Date |
2015-04-01
|
| Type |
Notice
|
| Subtype |
Supplemental Authority
|
| Description |
NOTICE-SUPPLEMENTAL AUTHORITY
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| On Behalf Of |
CURTIS W. LEE
|
|
| Docket Date |
2015-03-19
|
| Type |
Notice
|
| Subtype |
Supplemental Authority
|
| Description |
NOTICE-SUPPLEMENTAL AUTHORITY
|
| On Behalf Of |
BOARD OF TRUSTEES OF THE JACKSONVILLE POLICE & FIRE
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|
| Docket Date |
2015-02-03
|
| Type |
Event
|
| Subtype |
Oral Argument Held
|
| Description |
ORAL ARGUMENT HELD
|
|
| Docket Date |
2015-11-16
|
| Type |
Order
|
| Subtype |
Strike
|
| Description |
ORDER-STRIKE GR ~ Petitioner's Motion to Strike Respondent's Notice of Supplemental Authortity is granted and Respondent's Amended Notice of Supplemental Authority filed with this Court on October 30, 2015, is hereby stricken.
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|
| Docket Date |
2015-11-10
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ FILED AS "RESPONSE TO PETITIONER'S MOTION TO STRIKE RESPONDENT'S NOTICE OF SUPPLEMENTAL AUTHORITY"
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| On Behalf Of |
CURTIS W. LEE
|
|
| Docket Date |
2015-11-02
|
| Type |
Motion
|
| Subtype |
Strike
|
| Description |
MOTION-STRIKE ~ MOTION TO STRIKE RESPONDENT'S NOTICE OF SUPPLEMENTAL AUTHORTITY
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| On Behalf Of |
BOARD OF TRUSTEES OF THE JACKSONVILLE POLICE & FIRE
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|
| Docket Date |
2015-10-30
|
| Type |
Order
|
| Subtype |
Supplemental Authority Stricken
|
| Description |
ORDER-SUPP AUTHORITY STRICKEN ~ Petitioner's Notice of Supplemental Authority does not comply with Florida Rule of Appellate Procedure 9.225 and is hereby stricken as it contains argument.
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|
| Docket Date |
2015-10-30
|
| Type |
Notice
|
| Subtype |
Supplemental Authority
|
| Description |
NOTICE-SUPPLEMENTAL AUTHORITY ~ FILED AS "RESPONDENT'S AMENDED NOTICE OF SUPPLEMENTAL AUTHORITY"
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| On Behalf Of |
CURTIS W. LEE
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|
| Docket Date |
2015-10-29
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| Type |
Notice
|
| Subtype |
Supplemental Authority
|
| Description |
NOTICE-SUPPLEMENTAL AUTHORITY ~ RESPONDENT'S NOTICE OF SUPPLEMENTAL AUTHORITY
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| On Behalf Of |
CURTIS W. LEE
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|
| Docket Date |
2015-01-29
|
| Type |
Notice
|
| Subtype |
Scrivener's Error
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| Description |
NOTICE-SCRIVENER'S ERROR ~ FILED AS NOTICE OF ERRATUM
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| On Behalf Of |
BOARD OF TRUSTEES OF THE JACKSONVILLE POLICE & FIRE
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|
| Docket Date |
2015-01-29
|
| Type |
Order
|
| Subtype |
Notice of Scrivener's Error
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| Description |
ORDER-NOTICE SCRIVENER'S ERROR ~ Petitioner's "Notice of Erratum" has been treated as a notice of scrivener's error(s) and said notice has been docketed and placed with the above styled case without consideration by the Court. In the event petitioner wishes the Court to consider the scrivener's error(s) referenced in the notice, a motion for permission to file an amended initial brief on the merits and the amended initial brief itself, which corrects the scrivener's error(s), must be immediately filed with this Court.
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|
| Docket Date |
2014-12-17
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| Type |
Notice
|
| Subtype |
Supplemental Authority
|
| Description |
NOTICE-SUPPLEMENTAL AUTHORITY ~ (WITH ATTACHMENT)
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| On Behalf Of |
CURTIS W. LEE
|
|
| Docket Date |
2014-11-24
|
| Type |
Letter-Case
|
| Subtype |
Letter
|
| Description |
LETTER ~ ADVISING ADDRESS CHANGE
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| On Behalf Of |
MEDIA GENERAL OPERATIONS, INC.
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|
| Docket Date |
2014-11-06
|
| Type |
Order
|
| Subtype |
OA Schedule (Prev Accepted)
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| Description |
ORDER-OA SCHED (PREV ACCEPTED) ~ The Court previously accepted jurisdiction. The Court will hear oral argument at 9:00 a.m., Tuesday, February 3, 2015.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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| Docket Date |
2014-09-02
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| Type |
Notice
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| Subtype |
Appearance
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| Description |
NOTICE-APPEARANCE
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| On Behalf Of |
BOARD OF TRUSTEES OF THE JACKSONVILLE POLICE & FIRE
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|
| Docket Date |
2014-09-02
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| Type |
Brief
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| Subtype |
Reply-Merit
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| Description |
REPLY BRIEF-MERITS
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| On Behalf Of |
BOARD OF TRUSTEES OF THE JACKSONVILLE POLICE & FIRE
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| View |
View File
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|
| Docket Date |
2014-08-21
|
| Type |
Order
|
| Subtype |
Amicus Curiae
|
| Description |
ORDER-AMICUS CURIAE GR ~ The motion for leave to file brief as amici curiae filed by The First Amendment Foundation, Inc., Florida Press Association, Florida Scholastic Press Association, Society of Professional Journalists, Dr. Sandra F. Chance, J.D., individually and as Executive Director of the Joseph L. Brechner Center for Freedom of Information, Creative Loafing Tampa, LLC, Times Publishing Company, Media General Operations, Inc. d/b/a WFLA-TV, Dennis A. Ribaya, WPLG, Inc., Cox Media and Patrick Lynch is hereby granted and they are allowed to file brief only in support of respondent. The brief by the above referenced amici curiae was filed with this Court on August 18, 2014.
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|
| Docket Date |
2014-08-18
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| Type |
Motion
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| Subtype |
Amicus Curiae
|
| Description |
MOTION-AMICUS CURIAE ~ UNOPPOSED MOTION FOR LEAVE TO FILE BRIEF OF AMICI CURIAE IN SUPPORT OF RESPONDENT CURTIS W. LEE
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| On Behalf Of |
FIRST AMENDMENT FOUNDATION, INC.
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|
| Docket Date |
2014-08-18
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| Type |
Brief
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| Subtype |
Amicus Curiae Answer
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| Description |
AMICUS CURIAE ANSWER BRIEF-MERITS ~ BRIEF OF AMICI CURIAE FIRST AMENDMENT FOUNDATION, FLORIDA PRESS ASSOCIATION, FLORIDA SCHOLASTIC PRESS ASSOCIATION, SOCIETY OF PROFESSIONAL JOURNALISTS,DR. SANDRA F. CHANCE, J.D., AS EXECUTIVE DIRECTOR OF BRECHNER CENTER FOR FREEDOM OF INFORMATION, CREATIVE LOAFING TAMPA, LLC, TIMES PUBLISHING COMPANY, MEDIA GENERAL OPERATIONS, INC. D/B/A WFLA-TV, DENNIS A. RIBAYA, WLPG-TV, COX MEDIA AND PATRICK LYNCHIN SUPPORT OF RESPONDENT CURTIS W. LEE
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| On Behalf Of |
FIRST AMENDMENT FOUNDATION, INC.
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| View |
View File
|
|
| Docket Date |
2014-08-18
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| Type |
Record
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| Subtype |
Record/Transcript
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| Description |
RECORD/TRANSCRIPT ~ 1 VOL. CC PAPERS, 2 VOLS. SUPP RECORD, & 12 VOLS. RECORD (FILED ELECTRONICALLY)
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| On Behalf Of |
Jon S. Wheeler
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|
| Docket Date |
2014-08-08
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| Type |
Motion
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| Subtype |
Attorney's Fees
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| Description |
MOTION-ATTORNEYS FEES
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| On Behalf Of |
CURTIS W. LEE
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|
| Docket Date |
2014-08-08
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| Type |
Brief
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| Subtype |
Appendix-Merit
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| Description |
APPENDIX-MERIT BRIEF ~ TO ANSWER BRIEF-MERITS
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| On Behalf Of |
CURTIS W. LEE
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|
| Docket Date |
2014-07-24
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| Type |
Order
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| Subtype |
Request Judicial Notice
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| Description |
ORDER-REQ JUDICIAL NOTICE GR ~ Petitioner's request for judicial notice is hereby granted.
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|
| Docket Date |
2014-07-14
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| Type |
Brief
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| Subtype |
Appendix-Merit
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| Description |
APPENDIX-MERIT BRIEF ~ TO INITIAL BRIEF MERITS
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| On Behalf Of |
BOARD OF TRUSTEES OF THE JACKSONVILLE POLICE & FIRE
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| View |
View File
|
|
| Docket Date |
2014-07-14
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| Type |
Motion
|
| Subtype |
Request-Judicial Notice
|
| Description |
REQUEST-JUDICIAL NOTICE ~ FILED AS MOTION TO TAKE JUDICIAL NOTICE OF THE RECORD INFIRST DISTRICT COURT OF APPEAL CASE NO. 1D11-4458
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| On Behalf Of |
BOARD OF TRUSTEES OF THE JACKSONVILLE POLICE & FIRE
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|
| Docket Date |
2014-06-18
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| Type |
Order
|
| Subtype |
Juris Accept/Brief Sched (OA Later Date)
|
| Description |
ORDER-JURIS ACCEPT/BRIEF SCHED (OA LATER DATE) ~ 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 July 14, 2014; 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 August 18, 2014. 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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| Docket Date |
2013-08-26
|
| Type |
Order
|
| Subtype |
No Future Paper Filings
|
| Description |
ORDER-NO FUTURE PAPER FILINGS ~ 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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| Docket Date |
2013-08-06
|
| Type |
Brief
|
| Subtype |
Juris Answer
|
| Description |
JURIS ANSWER BRIEF
|
| On Behalf Of |
CURTIS W. LEE
|
|
| Docket Date |
2013-07-25
|
| Type |
Letter-Case
|
| Subtype |
Acknowledgment Letter-New Case
|
| Description |
ACKNOWLEDGMENT LETTER-NEW CASE
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|
| Docket Date |
2013-07-12
|
| Type |
Brief
|
| Subtype |
Juris Initial
|
| Description |
JURIS INITIAL BRIEF
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| On Behalf Of |
BOARD OF TRUSTEES OF THE JACKSONVILLE POLICE & FIRE
|
|
| Docket Date |
2013-07-02
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2013-07-02
|
| Type |
Notice
|
| Subtype |
Invoke Discretionary Jurisdiction
|
| Description |
NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT)
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| On Behalf Of |
BOARD OF TRUSTEES OF THE JACKSONVILLE POLICE & FIRE
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