Limonar Development, LLC, et al., Appellant(s), v. Miami-Dade County, et al., Appellee(s).
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3D2021-2077
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2021-10-21
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Closed
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|
Classification |
NOA Final - Administrative - Other
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Court |
3rd District Court of Appeal
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Originating Court |
Administrative Agency
Final Order No. AC-21-002
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Parties
Name |
LIMONAR DEVELOPMENT, LLC
|
Role |
Appellant
|
Status |
Active
|
Representations |
John Charles Lukacs, Sr., Francisco Jose Pines
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|
Name |
WONDERLY HOLDINGS, LLC
|
Role |
Appellant
|
Status |
Active
|
|
Name |
MILLS FAMILY LLC
|
Role |
Appellant
|
Status |
Active
|
|
Name |
Miami-Dade County, Florida
|
Role |
Appellee
|
Status |
Active
|
Representations |
Geraldine Teresa Bonzon-Keenan, Christopher J. Wahl, Dennis Alexander Kerbel
|
|
Name |
Administration Commission
|
Role |
Appellee
|
Status |
Active
|
Representations |
Joshua Elliott Pratt, Mark Andrew Buckles
|
|
Name |
American Planning Association, Florida Chapter
|
Role |
Amicus Curiae
|
Status |
Active
|
Representations |
Nancy Ellen Stroud
|
|
Name |
Friends of the Everglades
|
Role |
Amicus Curiae
|
Status |
Active
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Representations |
Elizabeth Fata Carpenter, Lisa B Interlandi, S. Ansley Samson
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|
Name |
1000 FRIENDS OF FLORIDA, INC.
|
Role |
Amicus Curiae
|
Status |
Active
|
|
Name |
Miami Waterkeeper
|
Role |
Amicus Curiae
|
Status |
Active
|
|
Name |
FLORIDA ASSOCIATION OF COUNTIES, INC.
|
Role |
Amicus Curiae
|
Status |
Active
|
Representations |
Edward George Labrador, Andrew Jeffrey Meyers, Joseph Kirby Jarone, Kristin M. Carter
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|
Name |
CHRIS SPENCER LLC
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
AC Agency Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Name |
DOAH Agency Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
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Docket Entries
Docket Date |
2024-11-01
|
Type |
Supreme Court
|
Subtype |
Supreme Court Order
|
Description |
Supreme Court Order
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View |
View File
|
|
Docket Date |
2024-09-24
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Type |
Supreme Court
|
Subtype |
Notice to Invok. Disc. Jur. FSC
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Description |
Notice to Invok. Disc. Jur. FSC
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View |
View File
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Docket Date |
2024-08-23
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Type |
Order
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Subtype |
Order on Motion for Rehearing and Rehearing En Banc
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Description |
Miami-Dade Countys' Response in Opposition to Appellants' Motion for Clarification, Rehearing, Rehearing En Banc and Certification, filed on July 25, 2024, is noted.
Upon consideration, Appellants' Motion for Clarification, Rehearing, and Certification is hereby denied.
GORDO, LOBREE and BOKOR, JJ., concur.
Appellants' Motion for Rehearing En Banc is, likewise, denied.
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View |
View File
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Docket Date |
2024-09-13
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Type |
Mandate
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Subtype |
Mandate
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Description |
Mandate
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View |
View File
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Docket Date |
2024-08-23
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Type |
Misc. Events
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Subtype |
West Publishing
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Description |
West Publishing
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|
Docket Date |
2022-09-26
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief ~ ANSWER BRIEF OF APPELLEE MIAMI-DADE COUNTY
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On Behalf Of |
Miami-Dade County, Florida
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|
Docket Date |
2024-07-25
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Type |
Response
|
Subtype |
Response
|
Description |
Miami-Dade Countys' Response in Opposition to Appellants' Motion for Clarification, Rehearing, Rehearing En Bank and Certification
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On Behalf Of |
Miami-Dade County, Florida
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View |
View File
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Docket Date |
2024-07-11
|
Type |
Post-Disposition Motions
|
Subtype |
Motion for Rehearing and Rehearing En Banc
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Description |
Motion for Rehearing and Rehearing En Banc, Clarification and Certification
|
On Behalf Of |
Tropical Audubon Society, Inc.
|
View |
View File
|
|
Docket Date |
2024-06-26
|
Type |
Disposition by Opinion
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Subtype |
Affirmed
|
Description |
Affirmed
|
View |
View File
|
|
Docket Date |
2023-09-26
|
Type |
Notice
|
Subtype |
Notice of Supplemental Authority
|
Description |
Notice of Supplemental Authority
|
On Behalf Of |
Tropical Audubon Society, Inc.
|
|
Docket Date |
2023-09-12
|
Type |
Misc. Events
|
Subtype |
Oral Argument Date Set
|
Description |
Oral Argument Date Set ~ 3DCA
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|
Docket Date |
2023-09-07
|
Type |
Record
|
Subtype |
Returned Exhibits
|
Description |
Returned Exhibits ~ Original
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|
Docket Date |
2023-07-20
|
Type |
Notice
|
Subtype |
Notice of Oral Argument
|
Description |
ORAL ARGUMENT RECEIPT ~ NOTICE OF ACKNOWLEDGMENT
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On Behalf Of |
Miami-Dade County, Florida
|
|
Docket Date |
2023-07-13
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Type |
Notice
|
Subtype |
Notice of Oral Argument
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Description |
Notice of Oral Argument ~ The above-styled cause will be set for oral argument on TUESDAY, SEPTEMBER 12, 2023 at 9:30 A.M., before the Third District Court of Appeal, which is located at 2001 S.W. 117 Avenue, Miami, Florida 33175-1716.All counsel and self-represented parties (if applicable) who will appear to argue this cause before the Court must complete and return the attached Notice of Acknowledgment within seven (7) days of this Notice. The parties will be allowed FILLIN "10, 15 or 20 minutes" \* MERGEFORMAT fifteen (15) minutes per side to present their arguments. Counsel is cautioned that failure to timely respond to this Order will result in the case being set for in-person oral argument.PLEASE NOTE THIS NOTICE AND THE ATTACHED ACKNOWLEDGEMENT FORM HAVE CHANGED. PLEASE READ CAREFULLY. THE PARTIES MAY SELECT IN-PERSON OR REMOTE APPEARANCE. COUNSEL (AND SELF-REPRESENTED PARTIES, IF APPLICABLE) MUST CONFER AND SEEK AGREEMENT UPON THE METHOD OF APPEARANCE (IN-PERSON OR REMOTE) PRIOR TO COMPLETING AND RETURNING THE ATTACHED NOTICE OF ACKNOWLEDGEMENT FORM. Upon receipt of the acknowledgement form, the Court shall send out a notice of in-person (if all parties agree to appear in-person), remote (if all parties agree to appear remotely), or hybrid (if one or more parties will appear in-person, but other(s) will appear remotely) oral argument.It is your responsibility to contact the Clerk’s office if you do not receive a notice reflecting the specific date and time for oral argument 7 days before the week specified above. If this is a criminal appeal, in compliance with Marsy’s Law, the State of Florida is hereby directed to provide notice of this oral argument to the victims, as defined by Marsy’s Law. The Court reserves the right to remove the case from the oral argument calendar at any time before the date of oral argument. Additionally, the Court reserves the right to change the date, time, and method of appearance of the oral argument. Please review any amended or updated notice carefully. Similar or related cases should be brought to the attention of the Oral Argument Clerk at (305) 229-3200 ext. 3258. Absence of counsel at the time this case is called shall be deemed a waiver of oral argument.
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Docket Date |
2023-02-09
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Type |
Order
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Subtype |
Order Dispensing with Oral Argument
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Description |
Cause Removed from O/A calendar (OG55) ~ Appellants’ Unopposed Motion to Reschedule Oral Argument is hereby granted. This cause is removed from the oral argument calendar of the week of April 3, 2023. The Court may, or may not, reset this matter for argument at a later date.HENDON, GORDO and LOBREE, JJ., concur.
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Docket Date |
2023-02-08
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Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Miscellaneous Motion ~ APPELLANTS' UNOPPOSED MOTION TO RE-SCHEDULE ORAL ARGUMENT
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On Behalf Of |
Miami-Dade County, Florida
|
|
Docket Date |
2023-02-06
|
Type |
Notice
|
Subtype |
Notice of Oral Argument
|
Description |
Notice of Oral Argument ~ The above-styled cause will be set for oral argument during the week of April 3, 2023, before the Third District Court of Appeal, which is located at 2001 S.W. 117 Avenue, Miami, Florida 33175-1716.All counsel and self-represented parties (if applicable) who will appear to argue this cause before the Court must complete and return the attached Notice of Acknowledgment within seven (7) days of this Notice. The parties will be allowed FILLIN "10, 15 or 20 minutes" \* MERGEFORMAT fifteen (15) minutes per side to present their arguments. Counsel is cautioned that failure to timely respond to this Order will result in the case being set for in-person oral argument.PLEASE NOTE THIS NOTICE AND THE ATTACHED ACKNOWLEDGEMENT FORM HAVE CHANGED. PLEASE READ CAREFULLY. THE PARTIES MAY SELECT IN-PERSON OR REMOTE APPEARANCE. COUNSEL (AND SELF-REPRESENTED PARTIES, IF APPLICABLE) MUST CONFER AND SEEK AGREEMENT UPON THE METHOD OF APPEARANCE (IN-PERSON OR REMOTE) PRIOR TO COMPLETING AND RETURNING THE ATTACHED NOTICE OF ACKNOWLEDGEMENT FORM. Upon receipt of the acknowledgement form, the Court shall send out a notice of in-person (if all parties agree to appear in-person), remote (if all parties agree to appear remotely), or hybrid (if one or more parties will appear in-person, but other(s) will appear remotely) oral argument.It is your responsibility to contact the Clerk’s office if you do not receive a notice reflecting the specific date and time for oral argument 7 days before the week specified above. If this is a criminal appeal, in compliance with Marsy’s Law, the State of Florida is hereby directed to provide notice of this oral argument to the victims, as defined by Marsy’s Law. The Court reserves the right to remove the case from the oral argument calendar at any time before the date of oral argument. Additionally, the Court reserves the right to change the date, time, and method of appearance of the oral argument. Please review any amended or updated notice carefully. Similar or related cases should be brought to the attention of the Oral Argument Clerk at (305) 229-3200 ext. 3258. Absence of counsel at the time this case is called shall be deemed a waiver of oral argument.
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|
Docket Date |
2022-12-12
|
Type |
Order
|
Subtype |
Order
|
Description |
MISCELLANEOUS ORDER (OR999) ~ Appellants’ Unopposed Motion for Expansion of Word Count Limit for Reply Brief is granted as stated in the Motion.
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|
Docket Date |
2022-12-09
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Motion For Oral Argument
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On Behalf Of |
Miami-Dade County, Florida
|
|
Docket Date |
2022-12-09
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant's Reply Brief
|
On Behalf Of |
Miami-Dade County, Florida
|
|
Docket Date |
2022-12-08
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Miscellaneous Motion ~ APPELLANTS' UNOPPOSED MOTION FOR EXPANSIONOF WORD COUNT LIMIT FOR REPLY BRIEF
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On Behalf Of |
Miami-Dade County, Florida
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|
Docket Date |
2022-10-25
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Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
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Description |
Extension granted to file reply brief NFE (OG05A) ~ Appellants’ Motion for an Extension of Time to File the Reply Brief is granted to and including December 9, 2022, with no further extensions allowed.
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|
Docket Date |
2022-10-24
|
Type |
Motions Extensions
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Subtype |
Motion for Extension of Time to Serve Reply Brief
|
Description |
Mot. for Extension of Time to File Reply Brief
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On Behalf Of |
Miami-Dade County, Florida
|
|
Docket Date |
2022-10-12
|
Type |
Brief
|
Subtype |
Amicus Curiae Brief
|
Description |
Amicus Curiae Brief ~ FLORIDA ASSOCIATION OF COUNTIES, INC.'SAMICUS CURIAE BRIEF IN SUPPORT OFAPPELLEE MIAMI-DADE COUNTY
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On Behalf Of |
Miami-Dade County, Florida
|
|
Docket Date |
2022-10-07
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Misc. Extension Granted (OG02) ~ Upon consideration, Florida Association of Counties, Inc.’s Motion for Extension of Time to File Amicus Curiae Brief is granted to and including Wednesday, October 12, 2022.
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|
Docket Date |
2022-10-05
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time
|
Description |
Motion for Extension of Time ~ FLORIDA ASSOCIATION OF COUNTIES, INC.'S MOTION FOR EXTENSION OF TIME TO FILE AMICUS CURIAE BRIEF IN SUPPORT OF APPELLEE MIAMI-DADE COUNTY
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On Behalf Of |
Miami-Dade County, Florida
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|
Docket Date |
2022-08-29
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
Description |
Extension granted to file answer brief NFE (OG04A) ~ Appellee Miami-Dade County’s Corrected and Unopposed Motion for Extension of Time to File the Answer Brief is granted to and including September 26, 2022, with no further extensions allowed. If said brief is not timely filed in accordance with this Order, the appellee(s) will be precluded from filing an answer brief and/or presenting oral argument to the Court in this cause.
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|
Docket Date |
2022-08-25
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Answer Brief
|
Description |
Mot. for Extension of time to file Answer Brief ~ MIAMI-DADE COUNTY'S CORRECTED AND UNOPPOSED MOTION FOR EXTENSION OF TIME FOR ANSWER BRIEF
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On Behalf Of |
Miami-Dade County, Florida
|
|
Docket Date |
2022-08-22
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Miscellaneous Motion Granted (OG999) ~ Florida Association of Counties, Inc.’s Motion for Leave of Court to File an Amicus Curiae Brief is granted as stated in the Motion.
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|
Docket Date |
2022-08-18
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Miscellaneous Motion ~ FLORIDA ASSOCIATION OF COUNTIES, INC.'SMOTION FOR LEAVE OF COURT TO FILEAN AMICUS CURIAE BRIEF
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On Behalf Of |
Miami-Dade County, Florida
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|
Docket Date |
2022-08-15
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Miscellaneous Motion Granted (OG999) ~ Appellee Miami-Dade County’s Unopposed Motion for Expansion of Word Count Limit for the Answer Brief is granted as stated in the Motion.
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|
Docket Date |
2022-08-10
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Miscellaneous Motion ~ MIAMI-DADE COUNTY'S UNOPPOSED MOTION FOR EXPANSION OF WORD COUNT LIMIT FOR ANSWER BRIEF
|
On Behalf Of |
Miami-Dade County, Florida
|
|
Docket Date |
2022-07-15
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Notice of Agreed Extension of Time
|
On Behalf Of |
Miami-Dade County, Florida
|
|
Docket Date |
2022-06-14
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Notice of Agreed Extension of Time
|
On Behalf Of |
Miami-Dade County, Florida
|
|
Docket Date |
2022-04-28
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Miscellaneous Motion Denied (OD999) ~ Miami-Dade County's Response in Opposition to the Motion for Leave to File Amicus Curiae Brief in Support of Appellants by Nicole Fried, Commissioner of Agriculture and Consumer Services, filed on April 14, 2022, is noted. The Administration Commission's Response to the Motion for Leave to File Amicus Curiae Brief, filed on April 15, 2022, is also noted. The Motion for Leave to File Amicus Curiae Brief in Support of Appellants by Nicole Fried, Commissioner of Agriculture and Consumer Services, is hereby denied. The Amicus Curiae Brief, filed on April 7, 2022, by Nicole Fried, as Commissioner of Agriculture in Support of the Appellants, is stricken. FERNANDEZ, C.J., and SCALES and GORDO, JJ., concur.
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Docket Date |
2022-04-15
|
Type |
Response
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Subtype |
Response
|
Description |
RESPONSE ~ ADMINISTRATION COMMISSION'S RESPONSETO COURT'S ORDER DATED APRIL 8, 2022
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On Behalf Of |
Miami-Dade County, Florida
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|
Docket Date |
2022-04-14
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Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ MIAMI-DADE COUNTY'S RESPONSE IN OPPOSITION TO MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF IN SUPPORT OF APPELLANTS BY NICOLE "NIKKI" FRIED COMMISSIONER OF AGRICULTURE AND CONSUMER SERVICES
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On Behalf Of |
Miami-Dade County, Florida
|
|
Docket Date |
2022-04-12
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Notice of Agreed Extension of Time
|
On Behalf Of |
Miami-Dade County, Florida
|
|
Docket Date |
2022-04-08
|
Type |
Order
|
Subtype |
Order on Motion for Leave to File Amicus Curiae Brief
|
Description |
AMICUS C. BRIEF accepted (OG07) ~ Appellees are ordered to file a response, within ten (10) days from the date of this Order, to the Commissioner of Agriculture and Consumer Services' Motion for Leave to File an Amicus Curiae Brief in Support of Appellants.The American Planning Association, Florida Chapter's Motion for Leave to File an Amicus Curiae Brief in Support of Appellants is hereby granted, and the Amicus Curiae Brief filed on April 7, 2022, is accepted by the Court. Friends of the Everglades, 1000 Friends of Florida, and Miami Waterkeeper's Motion for Leave to File Amici Curiae Brief in Support of Appellants is granted, and the Amici Curiae Brief filed on April 7, 2022, is accepted by the Court.
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|
Docket Date |
2022-04-07
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Miscellaneous Motion ~ FRIENDS OF THE EVERGLADES, 1000 FRIENDS OF FLORIDA, and MIAMI WATERKEEPER'S MOTION FOR LEAVE TO FILE BRIEF AS AMICI CURIAE IN SUPPORT OF APPELLANT TROPICAL AUDUBON SOCIETY and MICHELLE GARCIA
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|
Docket Date |
2022-04-07
|
Type |
Brief
|
Subtype |
Amicus Curiae Brief
|
Description |
Amicus Curiae Brief ~ AMERICAN PLANNING ASSOCIATION, FLORIDA CHAPTER'SAMICUS CURIAE BRIEF IN SUPPORT OF APPELLANTSTROPICAL AUDUBON SOCIETY AND MICHELLE GARC
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|
Docket Date |
2022-03-28
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
Miami-Dade County, Florida
|
|
Docket Date |
2022-02-10
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Notice of Agreed Extension of Time ~ NOTICE OF AGREED FURTHER EXTENSION OF TIME TO SERVE INITIAL BRIEF IN CONSOLIDATED APPEAL
|
On Behalf Of |
Miami-Dade County, Florida
|
|
Docket Date |
2022-02-03
|
Type |
Notice
|
Subtype |
Notice of Filing
|
Description |
Notice of Filing ~ JOINT NOTICE OF FILING TRANSCRIPT
|
On Behalf Of |
Miami-Dade County, Florida
|
|
Docket Date |
2022-01-27
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Miscellaneous Motion Granted (OG999) ~ Appellants' Unopposed Motion for Expansion of Word Count Limit for Initial Brief is granted as stated in the Motion. Upon review of the record/affidavits filed in this case, the Court has determined that condensed transcripts fail to comply with the requirements of Florida Rules of Appellate Procedure 9.200(b)(4) and 9.220(c)(4). Any such condensed transcripts filed after January 1, 2019, are hereby stricken. The responsible party (the party who seeks to have the transcripts considered by this Court) shall file transcripts that comply with the Florida Rules of Appellate Procedure within thirty (30) days from the date of this Order. Appellants may file the compliant transcripts in one appendix that complies with the requirements of Florida Rule of Appellate Procedure 9.220. The initial brief shall be filed within sixty (60) days from the date of this Order. Citations shall not be made to the condensed transcripts. Briefing shall proceed therefrom in compliance with the timelines established by the Florida Rules of Appellate Procedure.
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|
Docket Date |
2022-01-26
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Notice of Agreed Extension of Time
|
On Behalf Of |
Miami-Dade County, Florida
|
|
Docket Date |
2022-01-21
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Miscellaneous Motion ~ UNOPPOSED MOTION FOR EXPANSION OF WORD COUNTLIMIT FOR INITIAL BRIEF
|
On Behalf Of |
Miami-Dade County, Florida
|
|
Docket Date |
2022-01-18
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ NOTICE OF TRANSMITTING RECORD MATERIALS IN ORIGINAL FORM - ORIGINAL DOCUMENTS LOCATED IN VAULT
|
On Behalf Of |
Miami-Dade County, Florida
|
|
Docket Date |
2022-01-13
|
Type |
Record
|
Subtype |
Transcript
|
Description |
Transcripts
|
On Behalf Of |
Miami-Dade County, Florida
|
|
Docket Date |
2022-01-13
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ Notice of Transmitting the Record on Appeal
|
On Behalf Of |
Miami-Dade County, Florida
|
|
Docket Date |
2022-01-12
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ OF TRANSMITTING RECORD MATERIALS IN ORIGINAL FORM
|
On Behalf Of |
Miami-Dade County, Florida
|
|
Docket Date |
2022-01-11
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Miscellaneous Motion Granted (OG999) ~ Mark A. Buckles’s Motion for Authorization to File Original Record Materials is granted as stated in the Motion.
|
|
Docket Date |
2022-01-10
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Miscellaneous Motion ~ MOTION1 FOR AUTHORIZATION TO FILE ORIGINAL RECORD MATERIALS
|
On Behalf Of |
Miami-Dade County, Florida
|
|
Docket Date |
2021-12-17
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Notice of Agreed Extension of Time
|
On Behalf Of |
Limonar Development, LLC
|
|
Docket Date |
2021-12-06
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Notice of Agreed Extension of Time
|
On Behalf Of |
Miami-Dade County, Florida
|
|
Docket Date |
2021-11-15
|
Type |
Record
|
Subtype |
Index
|
Description |
Index ~
|
On Behalf Of |
Miami-Dade County, Florida
|
|
Docket Date |
2021-11-03
|
Type |
Order
|
Subtype |
Order
|
Description |
MISCELLANEOUS ORDER (OR999) ~ The Joint and Consolidated Response to the Corrected Order to Show Cause is noted. Upon the Court’s own motion, it is ordered that the above-referenced appeals are hereby consolidated for all appellate purposes under case no. 3D21-2063. All filings in the case shall be under case no. 3D21-2063. The parties shall file only one set of briefs under case no. 3D21-2063.
|
|
Docket Date |
2021-11-01
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ JOINT AND CONSOLIDATED RESPONSETO CORRECTED ORDER TO SHOW CAUSE
|
On Behalf Of |
Miami-Dade County, Florida
|
|
Docket Date |
2021-10-29
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Limonar Development, LLC
|
|
Docket Date |
2021-10-28
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Limonar Development, LLC
|
|
Docket Date |
2021-10-27
|
Type |
Order
|
Subtype |
Order
|
Description |
MISCELLANEOUS ORDER (OR999) ~ The parties are ordered to show cause, within ten (10) daysfrom the date of this Order, as to why the above-referenced appeals shouldnot be consolidated.
|
|
Docket Date |
2021-10-26
|
Type |
Notice
|
Subtype |
Notice of Related Case or Issue
|
Description |
Notice of Similar or Related Case ~ AMENDED NOTICE OF RELATED CASE
|
On Behalf Of |
Limonar Development, LLC
|
|
Docket Date |
2021-10-25
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Miami-Dade County, Florida
|
|
Docket Date |
2021-10-21
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
Docket Date |
2021-10-21
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments.
|
|
Docket Date |
2021-10-20
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ NOT CERTIFIED. RELATED CASE: 21-2063
|
On Behalf Of |
Limonar Development, LLC
|
|
|
Tropical Audubon Society, et al., Appellant(s), v. Miami-Dade County, Florida, et al., Appellee(s).
|
3D2021-2063
|
2021-10-19
|
Closed
|
|
Classification |
NOA Final - Administrative - Other
|
Court |
3rd District Court of Appeal
|
Originating Court |
Administrative Agency
Final Order No. AC-21-002
|
Parties
Name |
Tropical Audubon Society, Inc.
|
Role |
Appellant
|
Status |
Active
|
Representations |
Paul Joseph Schwiep, Richard Joseph Grosso
|
|
Name |
MICHELLE GARCIA, LLC
|
Role |
Appellant
|
Status |
Active
|
|
Name |
Miami-Dade County, Florida
|
Role |
Appellee
|
Status |
Active
|
Representations |
Christopher J. Wahl, Dennis Alexander Kerbel, Geraldine Teresa Bonzon-Keenan
|
|
Name |
Administration Commission
|
Role |
Appellee
|
Status |
Active
|
Representations |
Joshua Elliott Pratt, Mark Andrew Buckles
|
|
Name |
American Planning Association, Florida Chapter
|
Role |
Amicus Curiae
|
Status |
Active
|
Representations |
Nancy Ellen Stroud
|
|
Name |
Friends of the Everglades
|
Role |
Amicus Curiae
|
Status |
Active
|
Representations |
Elizabeth Fata Carpenter, Lisa B Interlandi, S. Ansley Samson
|
|
Name |
1000 FRIENDS OF FLORIDA, INC.
|
Role |
Amicus Curiae
|
Status |
Active
|
|
Name |
Miami Waterkeeper
|
Role |
Amicus Curiae
|
Status |
Active
|
|
Name |
FLORIDA ASSOCIATION OF COUNTIES, INC.
|
Role |
Amicus Curiae
|
Status |
Active
|
Representations |
Andrew Jeffrey Meyers, Edward George Labrador, Joseph Kirby Jarone, Kristin M. Carter
|
|
Name |
CHRIS SPENCER LLC
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
AC Agency Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Name |
DOAH Agency Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2024-11-01
|
Type |
Supreme Court
|
Subtype |
Supreme Court Order
|
Description |
Supreme Court Order
|
View |
View File
|
|
Docket Date |
2024-09-24
|
Type |
Supreme Court
|
Subtype |
Notice to Invok. Disc. Jur. FSC
|
Description |
Notice to Invok. Disc. Jur. FSC
|
View |
View File
|
|
Docket Date |
2024-09-13
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
View |
View File
|
|
Docket Date |
2024-08-23
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2024-08-23
|
Type |
Order
|
Subtype |
Order on Motion for Rehearing and Rehearing En Banc
|
Description |
Miami-Dade Countys' Response in Opposition to Appellants' Motion for Clarification, Rehearing, Rehearing En Banc and Certification, filed on July 25, 2024, is noted.
Upon consideration, Appellants' Motion for Clarification, Rehearing, and Certification is hereby denied.
GORDO, LOBREE and BOKOR, JJ., concur.
Appellants' Motion for Rehearing En Banc is, likewise, denied.
|
View |
View File
|
|
Docket Date |
2024-07-25
|
Type |
Response
|
Subtype |
Response
|
Description |
Miami-Dade Countys' Response in Opposition to Appellants' Motion for Clarification, Rehearing, Rehearing En Bank and Certification
|
On Behalf Of |
Miami-Dade County, Florida
|
View |
View File
|
|
Docket Date |
2024-07-11
|
Type |
Post-Disposition Motions
|
Subtype |
Motion for Rehearing and Rehearing En Banc
|
Description |
Motion for Rehearing and Rehearing En Banc, Clarification and Certification
|
On Behalf Of |
Tropical Audubon Society, Inc.
|
View |
View File
|
|
Docket Date |
2024-06-26
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed
|
View |
View File
|
|
Docket Date |
2023-09-26
|
Type |
Notice
|
Subtype |
Notice of Supplemental Authority
|
Description |
Notice of Supplemental Authority
|
On Behalf Of |
Tropical Audubon Society, Inc.
|
|
Docket Date |
2023-09-12
|
Type |
Misc. Events
|
Subtype |
Oral Argument Date Set
|
Description |
Oral Argument Date Set ~ 3DCA
|
|
Docket Date |
2023-09-07
|
Type |
Record
|
Subtype |
Returned Exhibits
|
Description |
Returned Exhibits ~ Original
|
|
Docket Date |
2023-07-20
|
Type |
Notice
|
Subtype |
Notice of Oral Argument
|
Description |
ORAL ARGUMENT RECEIPT ~ NOTICE OF ACKNOWLEDGMENT
|
On Behalf Of |
Tropical Audubon Society, Inc.
|
|
Docket Date |
2022-12-09
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant's Reply Brief
|
On Behalf Of |
Tropical Audubon Society, Inc.
|
|
Docket Date |
2022-12-08
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Miscellaneous Motion ~ APPELLANTS' UNOPPOSED MOTION FOR EXPANSIONOF WORD COUNT LIMIT FOR REPLY BRIEF
|
|
Docket Date |
2023-07-13
|
Type |
Notice
|
Subtype |
Notice of Oral Argument
|
Description |
Notice of Oral Argument ~ The above-styled cause will be set for oral argument on TUESDAY, SEPTEMBER 12, 2023 at 9:30 A.M., before the Third District Court of Appeal, which is located at 2001 S.W. 117 Avenue, Miami, Florida 33175-1716.All counsel and self-represented parties (if applicable) who will appear to argue this cause before the Court must complete and return the attached Notice of Acknowledgment within seven (7) days of this Notice. The parties will be allowed FILLIN "10, 15 or 20 minutes" \* MERGEFORMAT fifteen (15) minutes per side to present their arguments. Counsel is cautioned that failure to timely respond to this Order will result in the case being set for in-person oral argument.PLEASE NOTE THIS NOTICE AND THE ATTACHED ACKNOWLEDGEMENT FORM HAVE CHANGED. PLEASE READ CAREFULLY. THE PARTIES MAY SELECT IN-PERSON OR REMOTE APPEARANCE. COUNSEL (AND SELF-REPRESENTED PARTIES, IF APPLICABLE) MUST CONFER AND SEEK AGREEMENT UPON THE METHOD OF APPEARANCE (IN-PERSON OR REMOTE) PRIOR TO COMPLETING AND RETURNING THE ATTACHED NOTICE OF ACKNOWLEDGEMENT FORM. Upon receipt of the acknowledgement form, the Court shall send out a notice of in-person (if all parties agree to appear in-person), remote (if all parties agree to appear remotely), or hybrid (if one or more parties will appear in-person, but other(s) will appear remotely) oral argument.It is your responsibility to contact the Clerk’s office if you do not receive a notice reflecting the specific date and time for oral argument 7 days before the week specified above. If this is a criminal appeal, in compliance with Marsy’s Law, the State of Florida is hereby directed to provide notice of this oral argument to the victims, as defined by Marsy’s Law. The Court reserves the right to remove the case from the oral argument calendar at any time before the date of oral argument. Additionally, the Court reserves the right to change the date, time, and method of appearance of the oral argument. Please review any amended or updated notice carefully. Similar or related cases should be brought to the attention of the Oral Argument Clerk at (305) 229-3200 ext. 3258. Absence of counsel at the time this case is called shall be deemed a waiver of oral argument.
|
|
Docket Date |
2023-02-09
|
Type |
Order
|
Subtype |
Order Dispensing with Oral Argument
|
Description |
Cause Removed from O/A calendar (OG55) ~ Appellants’ Unopposed Motion to Reschedule Oral Argument is hereby granted. This cause is removed from the oral argument calendar of the week of April 3, 2023. The Court may, or may not, reset this matter for argument at a later date.HENDON, GORDO and LOBREE, JJ., concur.
|
|
Docket Date |
2023-02-08
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Miscellaneous Motion ~ APPELLANTS' UNOPPOSED MOTION TO RE-SCHEDULE ORAL ARGUMENT
|
On Behalf Of |
Tropical Audubon Society, Inc.
|
|
Docket Date |
2023-02-06
|
Type |
Notice
|
Subtype |
Notice of Oral Argument
|
Description |
Notice of Oral Argument ~ The above-styled cause will be set for oral argument during the week of April 3, 2023, before the Third District Court of Appeal, which is located at 2001 S.W. 117 Avenue, Miami, Florida 33175-1716.All counsel and self-represented parties (if applicable) who will appear to argue this cause before the Court must complete and return the attached Notice of Acknowledgment within seven (7) days of this Notice. The parties will be allowed FILLIN "10, 15 or 20 minutes" \* MERGEFORMAT fifteen (15) minutes per side to present their arguments. Counsel is cautioned that failure to timely respond to this Order will result in the case being set for in-person oral argument.PLEASE NOTE THIS NOTICE AND THE ATTACHED ACKNOWLEDGEMENT FORM HAVE CHANGED. PLEASE READ CAREFULLY. THE PARTIES MAY SELECT IN-PERSON OR REMOTE APPEARANCE. COUNSEL (AND SELF-REPRESENTED PARTIES, IF APPLICABLE) MUST CONFER AND SEEK AGREEMENT UPON THE METHOD OF APPEARANCE (IN-PERSON OR REMOTE) PRIOR TO COMPLETING AND RETURNING THE ATTACHED NOTICE OF ACKNOWLEDGEMENT FORM. Upon receipt of the acknowledgement form, the Court shall send out a notice of in-person (if all parties agree to appear in-person), remote (if all parties agree to appear remotely), or hybrid (if one or more parties will appear in-person, but other(s) will appear remotely) oral argument.It is your responsibility to contact the Clerk’s office if you do not receive a notice reflecting the specific date and time for oral argument 7 days before the week specified above. If this is a criminal appeal, in compliance with Marsy’s Law, the State of Florida is hereby directed to provide notice of this oral argument to the victims, as defined by Marsy’s Law. The Court reserves the right to remove the case from the oral argument calendar at any time before the date of oral argument. Additionally, the Court reserves the right to change the date, time, and method of appearance of the oral argument. Please review any amended or updated notice carefully. Similar or related cases should be brought to the attention of the Oral Argument Clerk at (305) 229-3200 ext. 3258. Absence of counsel at the time this case is called shall be deemed a waiver of oral argument.
|
|
Docket Date |
2022-12-09
|
Type |
Order
|
Subtype |
Order
|
Description |
MISCELLANEOUS ORDER (OR999) ~ Appellants’ Unopposed Motion for Expansion of Word Count Limit for Reply Brief is granted as stated in the Motion.
|
|
Docket Date |
2022-12-09
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Motion For Oral Argument
|
On Behalf Of |
Tropical Audubon Society, Inc.
|
|
Docket Date |
2022-10-25
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
Description |
Extension granted to file reply brief NFE (OG05A) ~ Appellants’ Motion for an Extension of Time to File the Reply Brief is granted to and including December 9, 2022, with no further extensions allowed.
|
|
Docket Date |
2022-10-24
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Reply Brief
|
Description |
Mot. for Extension of Time to File Reply Brief
|
|
Docket Date |
2022-10-12
|
Type |
Brief
|
Subtype |
Amicus Curiae Brief
|
Description |
Amicus Curiae Brief ~ FLORIDA ASSOCIATION OF COUNTIES, INC.'SAMICUS CURIAE BRIEF IN SUPPORT OFAPPELLEE MIAMI-DADE COUNTY
|
On Behalf Of |
Florida Association of Counties, Inc.
|
|
Docket Date |
2022-10-07
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Misc. Extension Granted (OG02) ~ Upon consideration, Florida Association of Counties, Inc.’s Motion for Extension of Time to File Amicus Curiae Brief is granted to and including Wednesday, October 12, 2022.
|
|
Docket Date |
2022-10-05
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time
|
Description |
Motion for Extension of Time ~ FLORIDA ASSOCIATION OF COUNTIES, INC.'S MOTION FOR EXTENSION OF TIME TO FILE AMICUS CURIAE BRIEF IN SUPPORT OF APPELLEE MIAMI-DADE COUNTY
|
On Behalf Of |
Florida Association of Counties, Inc.
|
|
Docket Date |
2022-09-26
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief ~ ANSWER BRIEF OF APPELLEE MIAMI-DADE COUNTY
|
On Behalf Of |
Miami-Dade County, Florida
|
|
Docket Date |
2022-08-29
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
Description |
Extension granted to file answer brief NFE (OG04A) ~ Appellee Miami-Dade County’s Corrected and Unopposed Motion for Extension of Time to File the Answer Brief is granted to and including September 26, 2022, with no further extensions allowed. If said brief is not timely filed in accordance with this Order, the appellee(s) will be precluded from filing an answer brief and/or presenting oral argument to the Court in this cause.
|
|
Docket Date |
2022-08-25
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Answer Brief
|
Description |
Mot. for Extension of time to file Answer Brief
|
On Behalf Of |
Miami-Dade County, Florida
|
|
Docket Date |
2022-08-22
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Miscellaneous Motion Granted (OG999) ~ Florida Association of Counties, Inc.’s Motion for Leave of Court to File an Amicus Curiae Brief is granted as stated in the Motion.
|
|
Docket Date |
2022-08-18
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Miscellaneous Motion ~ FLORIDA ASSOCIATION OF COUNTIES, INC.'SMOTION FOR LEAVE OF COURT TO FILEAN AMICUS CURIAE BRIEF
|
On Behalf Of |
Florida Association of Counties, Inc.
|
|
Docket Date |
2022-08-15
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Miscellaneous Motion Granted (OG999) ~ Appellee Miami-Dade County’s Unopposed Motion for Expansion of Word Count Limit for the Answer Brief is granted as stated in the Motion.
|
|
Docket Date |
2022-08-10
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Miscellaneous Motion ~ MIAMI-DADE COUNTY'S UNOPPOSED MOTION FOR EXPANSION OF WORD COUNT LIMIT FOR ANSWER BRIEF
|
On Behalf Of |
Miami-Dade County, Florida
|
|
Docket Date |
2022-07-18
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Recognizing Agreed Extension of Time ~ AB-30 days to 8/26/2022
|
|
Docket Date |
2022-07-15
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Notice of Agreed Extension of Time
|
On Behalf Of |
Miami-Dade County, Florida
|
|
Docket Date |
2022-06-15
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Recognizing Agreed Extension of Time ~ AB-30 days to 7/27/2022
|
|
Docket Date |
2022-06-14
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Notice of Agreed Extension of Time
|
On Behalf Of |
Miami-Dade County, Florida
|
|
Docket Date |
2022-04-25
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Miscellaneous Motion Denied (OD999) ~ Miami-Dade County’s Response in Opposition to the Motion for Leave to File Amicus Curiae Brief in Support of Appellants by Nicole Fried, Commissioner of Agriculture and Consumer Services, filed on April 14, 2022, is noted. The Administration Commission’s Response to the Motion for Leave to File Amicus Curiae Brief, filed on April 15, 2022, is also noted. The Motion for Leave to File Amicus Curiae Brief in Support of Appellants by Nicole Fried, Commissioner of Agriculture and Consumer Services, is hereby denied. The Amicus Curiae Brief, filed on April 7, 2022, by Nicole Fried, as Commissioner of Agriculture in Support of the Appellants, is stricken. FERNANDEZ, C.J., and SCALES and GORDO, JJ., concur.
|
|
Docket Date |
2022-04-15
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ ADMINISTRATION COMMISSION'S RESPONSETO COURT'S ORDER DATED APRIL 8, 2022
|
On Behalf Of |
Administration Commission
|
|
Docket Date |
2022-04-14
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ MIAMI-DADE COUNTY'S RESPONSE IN OPPOSITION TO MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF IN SUPPORT OF APPELLANTS BY NICOLE "NIKKI" FRIED COMMISSIONER OF AGRICULTURE AND CONSUMER SERVICES
|
On Behalf Of |
Miami-Dade County, Florida
|
|
Docket Date |
2022-04-12
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Notice of Agreed Extension of Time
|
On Behalf Of |
Miami-Dade County, Florida
|
|
Docket Date |
2022-04-12
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Recognizing Agreed Extension of Time ~ AB-60 days to 6/27/2022
|
|
Docket Date |
2022-04-08
|
Type |
Order
|
Subtype |
Order on Motion for Leave to File Amicus Curiae Brief
|
Description |
AMICUS C. BRIEF accepted (OG07) ~ Appellees are ordered to file a response, within ten (10) days from the date of this Order, to the Commissioner of Agriculture and Consumer Services' Motion for Leave to File an Amicus Curiae Brief in Support of Appellants.The American Planning Association, Florida Chapter's Motion for Leave to File an Amicus Curiae Brief in Support of Appellants is hereby granted, and the Amicus Curiae Brief filed on April 7, 2022, is accepted by the Court. Friends of the Everglades, 1000 Friends of Florida, and Miami Waterkeeper's Motion for Leave to File Amici Curiae Brief in Support of Appellants is granted, and the Amici Curiae Brief filed on April 7, 2022, is accepted by the Court.
|
|
Docket Date |
2022-04-07
|
Type |
Brief
|
Subtype |
Amicus Curiae Brief
|
Description |
Amicus Curiae Brief ~ BRIEF OF AMICUS CURIAENICOLE "NIKKI" FRIED AS COMMISSIONER OF AGRICULTUREIN SUPPORT OF THE APPELLANTS
|
On Behalf Of |
American Planning Association, Florida Chapter
|
|
Docket Date |
2022-04-07
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Miscellaneous Motion ~ MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF IN SUPPORTOF APPELLANTS BY NICOLE "NIKKI" FRIED COMMISSIONER OFAGRICULTURE AND CONSUMER SERVICES
|
On Behalf Of |
Friends of the Everglades
|
|
Docket Date |
2022-02-10
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Recognizing Agreed Extension of Time ~ IB-46 days to 3/28/2022 [AA Limonar Dev. LLC]
|
|
Docket Date |
2022-02-08
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Recognizing Agreed Extension of Time ~ IB-14 days to 2/11/2022 [AA Limonar Dev. LLC]
|
|
Docket Date |
2022-03-28
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
Tropical Audubon Society, Inc.
|
|
Docket Date |
2022-02-10
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Notice of Agreed Extension of Time ~ NOTICE OF AGREED FURTHER EXTENSION OF TIME TO SERVE INITIAL BRIEF IN CONSOLIDATED APPEAL
|
On Behalf Of |
Miami-Dade County, Florida
|
|
Docket Date |
2022-02-03
|
Type |
Notice
|
Subtype |
Notice of Filing
|
Description |
Notice of Filing ~ JOINT NOTICE OF FILING TRANSCRIPT
|
On Behalf Of |
Tropical Audubon Society, Inc.
|
|
Docket Date |
2022-01-27
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Miscellaneous Motion Granted (OG999) ~ Appellants' Unopposed Motion for Expansion of Word Count Limit for Initial Brief is granted as stated in the Motion. Upon review of the record/affidavits filed in this case, the Court has determined that condensed transcripts fail to comply with the requirements of Florida Rules of Appellate Procedure 9.200(b)(4) and 9.220(c)(4). Any such condensed transcripts filed after January 1, 2019, are hereby stricken. The responsible party (the party who seeks to have the transcripts considered by this Court) shall file transcripts that comply with the Florida Rules of Appellate Procedure within thirty (30) days from the date of this Order. Appellants may file the compliant transcripts in one appendix that complies with the requirements of Florida Rule of Appellate Procedure 9.220. The initial brief shall be filed within sixty (60) days from the date of this Order. Citations shall not be made to the condensed transcripts. Briefing shall proceed therefrom in compliance with the timelines established by the Florida Rules of Appellate Procedure.
|
|
Docket Date |
2022-01-26
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Notice of Agreed Extension of Time
|
On Behalf Of |
Miami-Dade County, Florida
|
|
Docket Date |
2022-01-21
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Miscellaneous Motion ~ UNOPPOSED MOTION FOR EXPANSION OF WORD COUNTLIMIT FOR INITIAL BRIEF
|
On Behalf Of |
Tropical Audubon Society, Inc.
|
|
Docket Date |
2022-01-18
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ NOTICE OF TRANSMITTING RECORD MATERIALS IN ORIGINAL FORM - ORIGINAL DOCUMENTS LOCATED IN VAULT
|
On Behalf Of |
Administration Commission
|
|
Docket Date |
2022-01-13
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ Notice of Transmitting the Record on Appeal
|
On Behalf Of |
Administration Commission
|
|
Docket Date |
2022-01-13
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Record on Appeal
|
On Behalf Of |
Administration Commission
|
|
Docket Date |
2022-01-12
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ OF TRANSMITTING RECORD MATERIALS IN ORIGINAL FORM
|
On Behalf Of |
Administration Commission
|
|
Docket Date |
2022-01-11
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Miscellaneous Motion Granted (OG999) ~ Mark A. Buckles’s Motion for Authorization to File Original Record Materials is granted as stated in the Motion.
|
|
Docket Date |
2022-01-10
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Miscellaneous Motion ~ MOTION1 FOR AUTHORIZATION TO FILE ORIGINAL RECORD MATERIALS
|
On Behalf Of |
Administration Commission
|
|
Docket Date |
2021-12-20
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Recognizing Agreed Extension of Time ~ IB-30 days to 1/28/2022
|
|
Docket Date |
2021-12-17
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Notice of Agreed Extension of Time
|
On Behalf Of |
Miami-Dade County, Florida
|
|
Docket Date |
2021-12-06
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Recognizing Agreed Extension of Time ~ IB-30 days to 1/28/2022
|
|
Docket Date |
2021-12-06
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Notice of Agreed Extension of Time
|
On Behalf Of |
Tropical Audubon Society, Inc.
|
|
Docket Date |
2021-11-15
|
Type |
Record
|
Subtype |
Index
|
Description |
Index ~
|
On Behalf Of |
Administration Commission
|
|
Docket Date |
2021-11-03
|
Type |
Order
|
Subtype |
Order
|
Description |
MISCELLANEOUS ORDER (OR999) ~ The Joint and Consolidated Response to the Corrected Order to Show Cause is noted. Upon the Court’s own motion, it is ordered that the above-referenced appeals are hereby consolidated for all appellate purposes under case no. 3D21-2063. All filings in the case shall be under case no. 3D21-2063. The parties shall file only one set of briefs under case no. 3D21-2063.
|
|
Docket Date |
2021-10-27
|
Type |
Order
|
Subtype |
Order
|
Description |
MISCELLANEOUS ORDER (OR999) ~ The parties are ordered to show cause, within ten (10) daysfrom the date of this Order, as to why the above-referenced appeals shouldnot be consolidated.
|
|
Docket Date |
2021-10-26
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Miami-Dade County, Florida
|
|
Docket Date |
2021-10-25
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Tropical Audubon Society, Inc.
|
|
Docket Date |
2021-10-19
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2021-10-19
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ NOT CERTIFIED. RELATED CASE: 21-2077
|
On Behalf Of |
Tropical Audubon Society, Inc.
|
|
Docket Date |
2021-10-19
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
|
MAGGY HURCHALLA VS LAKE POINT PHASE I, LLC, ET AL.
|
SC2019-1729
|
2019-10-07
|
Closed
|
|
Classification |
Discretionary Review - Notice to Invoke - Dual Basis Uncertified
|
Court |
Supreme Court of Florida
|
Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, Martin County
4D18-1221
Circuit Court for the Nineteenth Judicial Circuit, Martin County
4D18-1632
Circuit Court for the Nineteenth Judicial Circuit, Martin County
432013CA001321CAAXMX
|
Parties
Name |
Maggy Hurchalla
|
Role |
Petitioner
|
Status |
Active
|
Representations |
David W. Ogden, Richard J. Ovelmen, Jamie S. Gorelick, David M. Lehn, Howard K. Heims, Rachel A. Oostendorp, Justin Baxenberg, Virgina P. Sherlock
|
|
Name |
LAKE POINT PHASE II LLC
|
Role |
Respondent
|
Status |
Active
|
|
Name |
LAKE POINT PHASE I LLC
|
Role |
Respondent
|
Status |
Active
|
Representations |
Jon P. Tasso, Latasha C. Scott, Ethan J. Loeb
|
|
Name |
The Florida Press Association, Inc.
|
Role |
Amicus - Petitioner
|
Status |
Interim
|
|
Name |
THE GUARDIANS OF MARTIN COUNTY, INC.
|
Role |
Amicus - Petitioner
|
Status |
Interim
|
Representations |
Jack Schramm Cox
|
|
Name |
JOSEPH L. BRECHNER CENTER FOR FREEDOM OF INFORMATION
|
Role |
Amicus - Petitioner
|
Status |
Interim
|
|
Name |
Bullsugar.org
|
Role |
Amicus - Petitioner
|
Status |
Interim
|
Representations |
Richard Grosso
|
|
Name |
LEAGUE OF WOMEN VOTERS OF FLORIDA, INC.
|
Role |
Amicus - Petitioner
|
Status |
Interim
|
|
Name |
SIERRA CLUB, INC.
|
Role |
Amicus - Petitioner
|
Status |
Interim
|
|
Name |
FLORIDA WILDLIFE FEDERATION
|
Role |
Amicus - Petitioner
|
Status |
Interim
|
|
Name |
Reverend William Levwood
|
Role |
Amicus - Petitioner
|
Status |
Interim
|
|
Name |
CONSERVATION ALLIANCE OF ST. LUCIE COUNTY, INC.
|
Role |
Amicus - Petitioner
|
Status |
Interim
|
Representations |
Richard Grosso
|
|
Name |
PEGASUS FOUNDATION, INC.
|
Role |
Amicus - Petitioner
|
Status |
Interim
|
Representations |
Richard Grosso
|
|
Name |
NATURAL RESOURCES DEFENSE COUNCIL, INC.
|
Role |
Amicus - Petitioner
|
Status |
Interim
|
|
Name |
1000 FRIENDS OF FLORIDA, INC.
|
Role |
Amicus - Petitioner
|
Status |
Interim
|
|
Name |
Marine Resource Council of East Florida
|
Role |
Amicus - Petitioner
|
Status |
Interim
|
|
Name |
Florida Waterkeepers
|
Role |
Amicus - Petitioner
|
Status |
Interim
|
|
Name |
Brant Copland
|
Role |
Amicus - Petitioner
|
Status |
Interim
|
|
Name |
MARTIN COUNTY CONSERVATION ALLIANCE, INC.
|
Role |
Amicus - Petitioner
|
Status |
Interim
|
|
Name |
Pam McVety
|
Role |
Amicus - Petitioner
|
Status |
Interim
|
Representations |
Joel S. Perwin
|
|
Name |
The First Amendment Foundation
|
Role |
Amicus - Petitioner
|
Status |
Interim
|
Representations |
Gary K. Oldehoff
|
|
Name |
FRIENDS OF THE EVERGLADES
|
Role |
Amicus - Petitioner
|
Status |
Interim
|
|
Name |
Hon. William Loy Roby
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Hon. Carolyn Timmann
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2020-04-13
|
Type |
Disposition
|
Subtype |
Rev DY Lack Juris
|
Description |
DISP-REV DY LACK JURIS ~ This cause having heretofore been submitted to the Court on jurisdictional briefs and portions of the record deemed necessary to reflect jurisdiction under Article V, Section 3(b), Florida Constitution, and the Court having determined that it should decline to accept jurisdiction, it is ordered that the petition for review is denied.No motion for rehearing will be entertained by the Court. See Fla. R. App. P. 9.330(d)(2).
|
|
Docket Date |
2020-01-13
|
Type |
Notice
|
Subtype |
Amicus Curiae Intent to Appear
|
Description |
NOTICE-AMICUS CURIAE INTENT TO APPEAR
|
On Behalf Of |
Pegasus Foundation
|
View |
View File
|
|
Docket Date |
2019-12-04
|
Type |
Brief
|
Subtype |
Juris Answer
|
Description |
JURIS ANSWER BRIEF
|
On Behalf Of |
Lake Point Phase I, LLC
|
View |
View File
|
|
Docket Date |
2019-11-12
|
Type |
Order
|
Subtype |
Extension of Time (Juris Brief)
|
Description |
ORDER-EXT OF TIME GR (JURIS BRIEF-RESPONDENT) ~ Respondents' motion for extension of time is granted and respondents are allowed to and including December 4, 2019, in which to serve the jurisdictional answer brief. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.
|
|
Docket Date |
2019-11-12
|
Type |
Notice
|
Subtype |
Amicus Curiae Intent to Appear
|
Description |
NOTICE-AMICUS CURIAE INTENT TO APPEAR
|
On Behalf Of |
Pam McVety
|
View |
View File
|
|
Docket Date |
2019-11-12
|
Type |
Motion
|
Subtype |
Ext of Time (Juris Brief)
|
Description |
MOTION-EXT OF TIME (JURIS BRIEF)
|
On Behalf Of |
Lake Point Phase I, LLC
|
View |
View File
|
|
Docket Date |
2019-10-22
|
Type |
Notice
|
Subtype |
Amicus Curiae Intent to Appear
|
Description |
NOTICE-AMICUS CURIAE INTENT TO APPEAR
|
On Behalf Of |
Conservation Alliance of St. Lucie County
|
View |
View File
|
|
Docket Date |
2019-10-21
|
Type |
Brief
|
Subtype |
Juris Initial
|
Description |
JURIS INITIAL BRIEF
|
On Behalf Of |
Maggy Hurchalla
|
View |
View File
|
|
Docket Date |
2019-10-16
|
Type |
Motion
|
Subtype |
Couns Pro Hac Vice (Foreign Counsel)
|
Description |
MOTION-COUNS PRO HAC VICE (FOREIGN COUNSEL) ~ Justin Baxenberg
|
On Behalf Of |
Maggy Hurchalla
|
View |
View File
|
|
Docket Date |
2019-10-16
|
Type |
Order
|
Subtype |
Couns Pro Hac Vice (Foreign Counsel)
|
Description |
ORDER-COUNSEL PRO HAC VICE GR (FOREIGN COUNSEL) ~ The motion to appear pro hac vice filed in the above cause by Jamie S. Gorelick, on behalf of petitioner, is hereby granted and counsel's payment of the $100.00 fee required by section 25.241(2)(a), Florida Statutes (2015), was received by this Court on October 16, 2019.
|
|
Docket Date |
2019-10-14
|
Type |
Notice
|
Subtype |
Amicus Curiae Intent to Appear
|
Description |
NOTICE-AMICUS CURIAE INTENT TO APPEAR
|
On Behalf Of |
The First Amendment Foundation
|
View |
View File
|
|
Docket Date |
2019-10-11
|
Type |
Event
|
Subtype |
Fee Paid Through Portal
|
Description |
Fee Paid Through Portal
|
|
Docket Date |
2019-10-11
|
Type |
Miscellaneous Document
|
Subtype |
Pay Case Filing Fee-300
|
Description |
PAY CASE FILING FEE-300
|
On Behalf Of |
Maggy Hurchalla
|
View |
View File
|
|
Docket Date |
2019-10-11
|
Type |
Order
|
Subtype |
Extension of Time (Juris Brief)
|
Description |
ORDER-EXT OF TIME GR (JURIS BRIEF-PETITIONER) ~ Petitioner's motion for extension of time is granted, and petitioner is allowed to and including October 21, 2019, in which to serve the brief on jurisdiction. 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.
|
|
Docket Date |
2019-10-11
|
Type |
Letter-Case
|
Subtype |
Acknowledgment Letter-New Case-Pay Fee
|
Description |
ACKNOWLEDGMENT LETTER-NEW CASE-PAY FEE
|
|
Docket Date |
2019-10-11
|
Type |
Notice
|
Subtype |
Amicus Curiae Intent to Appear
|
Description |
NOTICE-AMICUS CURIAE INTENT TO APPEAR
|
On Behalf Of |
Pegasus Foundation
|
View |
View File
|
|
Docket Date |
2019-10-10
|
Type |
Motion
|
Subtype |
Toll Time
|
Description |
MOTION-TOLL TIME
|
On Behalf Of |
Maggy Hurchalla
|
View |
View File
|
|
Docket Date |
2019-10-07
|
Type |
Notice
|
Subtype |
Invoke Discretionary Jurisdiction
|
Description |
DUAL BASIS-NOTICE-DISCRE JURIS-CONST CONSTR/DIRECT CONFLICT
|
On Behalf Of |
Maggy Hurchalla
|
View |
View File
|
|
Docket Date |
2019-10-07
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
|
MINTO PBLH, LLC VS 1000 FRIENDS OF FLORIDA, INC., et al.
|
4D2016-4218
|
2016-12-14
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Other
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
14CA014424
|
Parties
Name |
MINTO PBLH, LLC
|
Role |
Appellant
|
Status |
Active
|
Representations |
TARA WIDHOLM DUHY, Andrew J. Baumann, Amy Taylor Petrick, ROBERT DIFFENDERFER, KATHRYN B. ROSSMELL
|
|
Name |
ALERTS OF PBC, INC.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
ROBERT SCHUTZER
|
Role |
Appellee
|
Status |
Active
|
|
Name |
PALM BEACH COUNTY INC.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
KAREN SCHUTZER
|
Role |
Appellee
|
Status |
Active
|
|
Name |
1000 FRIENDS OF FLORIDA, INC.
|
Role |
Appellee
|
Status |
Active
|
Representations |
VINETTE GODELIA, Ralf G. Brookes, Robert Preston Banks, MICHAEL A. FEDERICO, GARY K. HUNTER, JR., PRESTON TAYLOR ROBERTSON, Robert N. Hartsell, Heidi M. Mehaffey, PAM ELAINE BOOKER, SARAH M. HAYTER, Kim Phan
|
|
Name |
Hon. Donald W. Hafele
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - Palm Beach
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2017-11-03
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2017-11-03
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2017-10-18
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed in Part/Reversed in Part
|
Description |
Affirmed in Part/Reversed in Part - Authored Opinion ~ **MAIN APPEAL AFFIRMED - CROSS-APPEAL REVERSED**
|
|
Docket Date |
2017-07-12
|
Type |
Notice
|
Subtype |
Notice of Change of Address
|
Description |
Notice of Change of Address
|
On Behalf Of |
1000 FRIENDS OF FLORIDA, INC.
|
|
Docket Date |
2017-06-19
|
Type |
Notice
|
Subtype |
Notice of Supplemental Authority
|
Description |
Notice of Supplemental Authority
|
On Behalf Of |
MINTO PBLH, LLC
|
|
Docket Date |
2017-05-22
|
Type |
Brief
|
Subtype |
Cross-Reply Brief
|
Description |
Appellee/Cross-Appellant's Reply Brief
|
On Behalf Of |
1000 FRIENDS OF FLORIDA, INC.
|
|
Docket Date |
2017-05-11
|
Type |
Brief
|
Subtype |
Amicus Curiae Brief
|
Description |
Amicus Curiae Brief ~ **BRIEF PERMITTED-SEE 5/11/17 ORD** (FLORIDA WILDLIFE FEDERATION'S AMICUS CURIAE BRIEF IN SUPPORT OF APPELLEE/PLAINTIFF 1000 FRIENDS OF FLORIDA, INC.)
|
On Behalf Of |
1000 FRIENDS OF FLORIDA, INC.
|
|
Docket Date |
2017-05-11
|
Type |
Order
|
Subtype |
Order on Motion for Leave to File Amicus Curiae Brief
|
Description |
ORD-Permitting Amicus Curiae Brief ~ ORDERED that Florida Wildlife Federation's April 19, 2017 motion for leave to file an amicus curiae brief is granted. Florida Wildlife Federation's amicus curiae brief is deemed properly filed as of the date of this order.
|
|
Docket Date |
2017-05-04
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief ~ APPELLANT/CROSS-APPELLEE/INTERVENOR-DEFENDANTMINTO PBLH, LLC'S CROSS-ANSWER BRIEF
|
On Behalf Of |
MINTO PBLH, LLC
|
|
Docket Date |
2017-05-04
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix to Brief ~ TO APPELLANT/CROSS-APPELLEE/INTERVENOR DEFENDANTMINTO PBLH, LLC'S REPLY BRIEF
|
On Behalf Of |
MINTO PBLH, LLC
|
|
Docket Date |
2017-04-27
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ 241 PAGES
|
|
Docket Date |
2017-04-19
|
Type |
Motions Relating to Briefs
|
Subtype |
Motion to File Amicus Curiae Brief
|
Description |
Motion To File Amicus Curiae Brief
|
On Behalf Of |
1000 FRIENDS OF FLORIDA, INC.
|
|
Docket Date |
2017-04-18
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix to Brief ~ SUPPLEMENTAL APPENDIX TO ANSWER BRIEF (1000 FRIENDS OF FLORIDA, INC.)
|
On Behalf Of |
1000 FRIENDS OF FLORIDA, INC.
|
|
Docket Date |
2017-04-13
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief ~ ANSWER/CROSS APPEAL BRIEF (ALERTS OF PBC, INC., ROBERT SCHUTZER & KAREN SCHUTZER)
|
On Behalf Of |
1000 FRIENDS OF FLORIDA, INC.
|
|
Docket Date |
2017-04-12
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ OF REQUEST TO BE REMOVED FROM ELECTRONIC SERVICE AND DIRECTIONS TO CLERK
|
On Behalf Of |
1000 FRIENDS OF FLORIDA, INC.
|
|
Docket Date |
2017-03-21
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
ORD-Stricken as Unauthorized ~ ORDERED sua sponte that Heidi M. Mehaffey’s March 17, 2017 notice of unavailability is stricken as unauthorized.
|
|
Docket Date |
2017-03-17
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ **STRICKEN AS UNAUTHORIZED 3/21/17** OF UNAVAILABILITY
|
On Behalf Of |
1000 FRIENDS OF FLORIDA, INC.
|
|
Docket Date |
2017-03-16
|
Type |
Order
|
Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
Description |
ORD-Allowing Attachment to Record ~ ORDERED that appellant/cross-appellee's February 21, 2017 motion to supplement and correct the record is granted. The materials included in the appellant's appendix to the initial brief filed February 21, 2017 are deemed properly filed supplemental material as of the date of this order.
|
|
Docket Date |
2017-03-08
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
Description |
Notice of Agreed Extension - Answer Brief ~ 30 DAYS TO 4/13/17 (ALERTS OF PBC, INC. ROBERT SCHUTZER AND KAREN SCHUTZER)
|
On Behalf Of |
1000 FRIENDS OF FLORIDA, INC.
|
|
Docket Date |
2017-03-01
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
Description |
Notice of Agreed Extension - Answer Brief ~ 30 DAYS TO 4/13/17 - 1000 FRIENDS OF FLORIDA
|
On Behalf Of |
1000 FRIENDS OF FLORIDA, INC.
|
|
Docket Date |
2017-02-21
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix to Brief ~ TO INITIAL BRIEF
|
On Behalf Of |
MINTO PBLH, LLC
|
|
Docket Date |
2017-02-21
|
Type |
Motions Relating to Records
|
Subtype |
Motion to Supplement Record
|
Description |
Motion To File Supplemental Record ~ AND CORRECT THE RECORD
|
On Behalf Of |
MINTO PBLH, LLC
|
|
Docket Date |
2017-02-21
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
MINTO PBLH, LLC
|
|
Docket Date |
2017-01-27
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
MINTO PBLH, LLC
|
|
Docket Date |
2017-01-26
|
Type |
Order
|
Subtype |
Order
|
Description |
ORD-Sua Sponte ~ Upon consideration of cross-appellants’ January 3, 2017 jurisdictional statement, it is ORDERED sua sponte that the above-styled cross-appeal shall proceed.
|
|
Docket Date |
2017-01-03
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ TO 12/21/16 ORDER (JURISDICTIONAL STATEMENT)
|
On Behalf Of |
1000 FRIENDS OF FLORIDA, INC.
|
|
Docket Date |
2016-12-21
|
Type |
Order
|
Subtype |
Order to File Response re Jurisdiction
|
Description |
AA - File Statement for Basis of Jurisdiction ~ **CROSS-APPELLANTS** ORDERED that within ten (10) days from the date of this order cross-appellants shall file in this court a brief statement explaining the basis for this court's subject matter jurisdiction over the order appealed in this case, citing supporting legal authorities. Cross-appellants shall specifically address how the order on the motion for reconsideration of this court's prior order granting attorney's fees against 1000 Friends of Florida is an appealable order as to cross-appellants, since the order grants attorney's fees as to cross-appellants Robert Schutzer, Karen Schutzer and Alerts of PBC, Inc., but fails to fix the amount of attorneys' fees. See Winkelman v. Toll, 632 So. 2d 130 (Fla. 4th DCA 1994); Ross v. Blank, 958 So. 2d 437, 441 (Fla. 4th DCA 2007); furtherAppellant may file a response within ten (10) days of service of that statement.
|
|
Docket Date |
2016-12-20
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
ORD-Pay filing Fee - Cross-Appeal - 10 days ~ A Notice of Cross-Appeal was filed in the lower tribunal on December 16, 2016. The $295.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Cross-Appeal as required by section 35.22(2)(b), Florida Statutes (2016) and Florida Rule of Appellate Procedure 9.110(b). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE CROSS-APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED, appellees/cross-appellants shall pay the $295.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of the entry of this order. Failure to comply within the time prescribed will result in dismissal of the cross-appeal and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the notice of cross-appeal has a duty to tender the filing fee to the appellate court when the cross-appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.
|
|
Docket Date |
2016-12-20
|
Type |
Notice
|
Subtype |
Notice of Cross Appeal
|
Description |
Notice of Cross Appeal ~ **AMENDED** (CERT. COPY; FILED IN L.T. 12/19/16)
|
|
Docket Date |
2016-12-19
|
Type |
Notice
|
Subtype |
Notice of Cross Appeal
|
Description |
Notice of Cross Appeal ~ (CERT. COPY FILED IN L.T. 12/16/16)
|
|
Docket Date |
2016-12-16
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
ORD-Pay Filing Fee-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, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of this order. 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. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**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 circuit court clerk's determination of indigent status is filed.
|
|
Docket Date |
2016-12-16
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter ~ AMENDED
|
|
Docket Date |
2016-12-14
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
MINTO PBLH, LLC
|
|
Docket Date |
2016-12-14
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
|
1000 FRIENDS OF FLORIDA, INC., et al. VS CITY OF WESTLAKE, et al.
|
4D2016-1730
|
2016-05-25
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Other
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502014CA14424
|
Parties
Name |
ROBERT SCHUTZER
|
Role |
Appellant
|
Status |
Active
|
|
Name |
ALERTS OF PBC, INC.
|
Role |
Appellant
|
Status |
Active
|
|
Name |
1000 FRIENDS OF FLORIDA, INC.
|
Role |
Appellant
|
Status |
Active
|
Representations |
Ralf G. Brookes, SARAH M. HAYTER, Robert N. Hartsell, Heidi M. Mehaffey
|
|
Name |
KAREN SCHUTZER
|
Role |
Appellant
|
Status |
Active
|
|
Name |
PALM BEACH COUNTY INC.
|
Role |
Appellee
|
Status |
Active
|
Representations |
Robert Preston Banks, Helene Catherine Hvizd, Heidi M. Mehaffey, Andrew J. Baumann, GARY K. HUNTER, JR., Kim Phan, TARA WIDHOLM DUHY, Amy Taylor Petrick, ROBERT DIFFENDERFER, PAM ELAINE BOOKER, VINETTE GODELIA, KATHRYN B. ROSSMELL, PHILIP MUGAVERO
|
|
Name |
CITY OF WESTLAKE
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Minto PPLH, LLC
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Hon. Edward A. Garrison
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - Palm Beach
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2017-06-16
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2017-06-16
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2017-05-25
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed - Per Curiam Affirmed
|
|
Docket Date |
2017-03-21
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
ORD-Stricken as Unauthorized ~ ORDERED sua sponte that Heidi M. Mehaffey’s March 17, 2017 notice of unavailability is stricken as unauthorized.
|
|
Docket Date |
2017-03-17
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ **STRICKEN AS UNAUTHORIZED 3/21/17 ** OF UNAVAILABILITY
|
On Behalf Of |
1000 FRIENDS OF FLORIDA, INC.
|
|
Docket Date |
2017-03-08
|
Type |
Order
|
Subtype |
Order Dispensing with Oral Argument
|
Description |
ORD-Dispensing Oral Argument ~ After reviewing the briefs, the court, pursuant to Florida Rule of Appellate Procedure 9.320, has dispensed with oral argument. The case will be submitted to a conference by a panel of the court.
|
|
Docket Date |
2016-12-19
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice
|
On Behalf Of |
1000 FRIENDS OF FLORIDA, INC.
|
|
Docket Date |
2016-11-22
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument
|
On Behalf Of |
1000 FRIENDS OF FLORIDA, INC.
|
|
Docket Date |
2016-11-22
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant's Reply Brief
|
On Behalf Of |
1000 FRIENDS OF FLORIDA, INC.
|
|
Docket Date |
2016-10-31
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
Description |
Notice of Agreed Extension - Reply Brief ~ 14 DAYS TO 11/22/16
|
On Behalf Of |
1000 FRIENDS OF FLORIDA, INC.
|
|
Docket Date |
2016-10-20
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix to Brief
|
On Behalf Of |
PALM BEACH COUNTY
|
|
Docket Date |
2016-10-19
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
Description |
Order Granting EOT for Answer Brief ~ ORDERED that intervenor-appellee's October 10, 2016 motion for extension of time is granted, and appellee shall serve the answer brief on or before October 19, 2016. In addition, appellee is notified that the failure to serve the brief within the time provided herein may foreclose appellee's right to file a brief or otherwise participate in this appeal.
|
|
Docket Date |
2016-10-19
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief ~ (INTERVENOR - MINTO PBLH, LLC & CITY OF WESTLAKE)
|
On Behalf Of |
PALM BEACH COUNTY
|
|
Docket Date |
2016-10-10
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Answer Brief
|
Description |
Mot. for Extension of time to file Answer Brief
|
On Behalf Of |
PALM BEACH COUNTY
|
|
Docket Date |
2016-10-04
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
PALM BEACH COUNTY
|
|
Docket Date |
2016-09-30
|
Type |
Order
|
Subtype |
Order on Motion For Substitution of Parties
|
Description |
ORD-Allowing Substitution of Parties ~ ORDERED that the September 28, 2016 substitution of parties filed on behalf of the appellee is granted. The substitution is reflected above.
|
|
Docket Date |
2016-09-28
|
Type |
Motions Relating to Parties and Counsel
|
Subtype |
Motion For Substitution of Parties
|
Description |
Motion For Substitution of Parties
|
On Behalf Of |
PALM BEACH COUNTY
|
|
Docket Date |
2016-09-28
|
Type |
Order
|
Subtype |
Order on Miscellaneous Motion
|
Description |
Deny Miscellaneous Motion ~ ORDERED that appellee Palm Beach County's September 13, 2016 motion to withdraw is denied without prejudice to filing a motion to substitute party appellee, substituting the City of Westlake in for Palm Beach County, and counsel entering an appearance on behalf of the City of Westlake.
|
|
Docket Date |
2016-09-22
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee, Minto PBLH, LLC's, September 19, 2016 motion for extension of time is granted, and appellee shall serve the answer brief on or before October 12, 2016. In addition, appellee is notified that the failure to serve the brief within the time provided herein may foreclose appellee's right to file a brief or otherwise participate in this appeal.
|
|
Docket Date |
2016-09-19
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ (2353 PAGES)
|
|
Docket Date |
2016-09-19
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Answer Brief
|
Description |
Mot. for Extension of time to file Answer Brief
|
On Behalf Of |
PALM BEACH COUNTY
|
|
Docket Date |
2016-09-13
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Miscellaneous Motion ~ (DENIED) PALM BEACH COUNTY'S MOTION TO WITHDRAW
|
On Behalf Of |
PALM BEACH COUNTY
|
|
Docket Date |
2016-09-02
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
1000 FRIENDS OF FLORIDA, INC.
|
|
Docket Date |
2016-09-02
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix to Brief
|
On Behalf Of |
1000 FRIENDS OF FLORIDA, INC.
|
|
Docket Date |
2016-07-26
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
Description |
Notice of Agreed Extension - Initial Brief ~ 30 DAYS TO 09/02/16
|
On Behalf Of |
1000 FRIENDS OF FLORIDA, INC.
|
|
Docket Date |
2016-06-06
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
PALM BEACH COUNTY
|
|
Docket Date |
2016-05-31
|
Type |
Notice
|
Subtype |
Notice of Filing
|
Description |
Notice of Filing ~ PHYSICAL ADDRESSES OF PARTY/ATTORNEY
|
On Behalf Of |
1000 FRIENDS OF FLORIDA, INC.
|
|
Docket Date |
2016-05-27
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2016-05-27
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
ORD-Pay Filing Fee-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, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of this order. 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. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**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 circuit court clerk's determination of indigent status is filed.
|
|
Docket Date |
2016-05-26
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
|
Docket Date |
2016-05-25
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
1000 FRIENDS OF FLORIDA, INC.
|
|
Docket Date |
2016-05-25
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
|
UNITED STATES SUGAR CORP. & SBG FARMS, INC. VS 1000 FRIENDS OF FLORIDA, SIERRA CLUB, et al.
|
4D2012-2373
|
2012-06-28
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Other
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502008CA015649XXXXMB
|
Parties
Name |
SBG FARMS, INC.
|
Role |
Appellant
|
Status |
Active
|
|
Name |
United States Sugar Corp.
|
Role |
Appellant
|
Status |
Active
|
Representations |
AMY BOULRIS, Aaron Jay Horowitz, LINDA CONAHAN
|
|
Name |
1000 FRIENDS OF FLORIDA, INC.
|
Role |
Appellee
|
Status |
Active
|
Representations |
Richard Grosso, Amy Taylor Petrick, Robert Preston Banks
|
|
Name |
FLORIDA WILDLIFE FEDERATION
|
Role |
Appellee
|
Status |
Active
|
|
Name |
FLORIDA ROCK INDUSTRIES, INC.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
SIERRA CLUB, INC.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
PALM BEACH COUNTY INC.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
HON. DAVID F. CROW
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - Palm Beach
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2013-10-22
|
Type |
Record
|
Subtype |
Returned Records
|
Description |
Returned Records
|
|
Docket Date |
2013-09-17
|
Type |
Misc. Events
|
Subtype |
Miscellaneous Docket Entry
|
Description |
Ready to Close
|
|
Docket Date |
2013-08-23
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2013-08-23
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2013-08-07
|
Type |
Misc. Events
|
Subtype |
Corrected Opinion
|
Description |
Corrected opinion
|
|
Docket Date |
2013-08-07
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed - Authored Opinion
|
|
Docket Date |
2013-04-29
|
Type |
Order
|
Subtype |
Order on Miscellaneous Motion
|
Description |
Grant Miscellaneous Motion ~ ORDERED that appellants' request filed April 22, 2013, to take judicial notice of briefs in related cases is granted, and this Court takes judicial notice of all briefs filed with this Court in 1000 Friends, et al. v. Palm Beach County, Florida (Bergeron), 69 So. 3d 1123 (Fla. 4th DCA 2011) and 1000 Friends, et al. v. Palm Beach County, Florida (Cemex), 75 So. 3d 1270 (Fla. 4th DCA 2011).
|
|
Docket Date |
2013-04-25
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ TO REQUEST TO TAKE JUDICIAL NOTICE OF BRIEFS IN RELATED CASES
|
On Behalf Of |
1000 FRIENDS OF FLORIDA, INC.
|
|
Docket Date |
2013-04-22
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant's Reply Brief
|
On Behalf Of |
United States Sugar Corp.
|
|
Docket Date |
2013-04-22
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Miscellaneous Motion ~ REQUEST TO TAKE JUDICIAL NOTICE
|
On Behalf Of |
United States Sugar Corp.
|
|
Docket Date |
2013-04-08
|
Type |
Order
|
Subtype |
Order Dispensing with Oral Argument
|
Description |
ORD-Dispensing Oral Argument ~ After reviewing the briefs, the court, pursuant to Florida Rule of Appellate Procedure 9.320, has dispensed with oral argument. The case will be submitted to a conference by a panel of the court.
|
|
Docket Date |
2013-02-20
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
Description |
Reply Brief extended by Letter (no order issued) ~ 30 DAYS TO 03/21/13
|
|
Docket Date |
2013-01-31
|
Type |
Order
|
Subtype |
Order on Motion to Amend/Correct Record
|
Description |
ORD-Allow Record to be Corrected
|
|
Docket Date |
2013-01-30
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief ~ (4) (1000 FRIENDS)
|
On Behalf Of |
1000 FRIENDS OF FLORIDA, INC.
|
|
Docket Date |
2013-01-30
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument ~ AE Richard Grosso 0592978
|
|
Docket Date |
2013-01-28
|
Type |
Motions Relating to Records
|
Subtype |
Motion to Amend/Correct Record
|
Description |
Motion To Correct the Record ~ (STIPULATION) WITH ATTACHMENTS
|
On Behalf Of |
1000 FRIENDS OF FLORIDA, INC.
|
|
Docket Date |
2013-01-28
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief ~ (4)
|
On Behalf Of |
1000 FRIENDS OF FLORIDA, INC.
|
|
Docket Date |
2012-12-07
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
Description |
Answer Brief extended by Letter (no order issued) ~ 30 DAYS TO 1/28/13
|
|
Docket Date |
2012-12-03
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits ~ (4) *e*
|
On Behalf Of |
United States Sugar Corp.
|
|
Docket Date |
2012-10-18
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ FOUR (4) VOLUMES (NO CD REQUIRED)
|
|
Docket Date |
2012-10-08
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
Description |
Initial Brief extended by Letter (no order issued) ~ 60 DAYS TO 12/3/12
|
|
Docket Date |
2012-08-30
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
Order Granting EOT for Initial Brief ~ 30 DAYS TO 10/4/12
|
|
Docket Date |
2012-08-24
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Mot. for Extension of time to file Initial Brief
|
On Behalf Of |
United States Sugar Corp.
|
|
Docket Date |
2012-08-06
|
Type |
Notice
|
Subtype |
Amended Notice of Appeal
|
Description |
Amended Notice of Appeal ~ CERT. COPY FILED 7/27/12
|
On Behalf Of |
United States Sugar Corp.
|
|
Docket Date |
2012-07-31
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
1000 FRIENDS OF FLORIDA, INC.
|
|
Docket Date |
2012-07-05
|
Type |
Misc. Events
|
Subtype |
Docketing Statement
|
Description |
Docketing Statement ~ AA Linda A. Conahan 0252743
|
|
Docket Date |
2012-06-29
|
Type |
Order
|
Subtype |
Order to File Response re Jurisdiction
|
Description |
Aplnt to Obtain Final Order-Per Dobrick
|
|
Docket Date |
2012-06-28
|
Type |
Misc. Events
|
Subtype |
Order Appealed
|
Description |
**DNU** order appealed
|
|
Docket Date |
2012-06-28
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
United States Sugar Corp.
|
|
Docket Date |
2012-06-28
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
|
MARTIN COUNTY CONSERVATION ALLIANCE ET AL. VS MARTIN COUNTY, ET AL.
|
SC2011-2455
|
2011-12-02
|
Closed
|
|
Classification |
Discretionary Review - Notice to Invoke - Direct Conflict of Decisions
|
Court |
Supreme Court of Florida
|
Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, Martin County
1D09-4956
Circuit Court for the Nineteenth Judicial Circuit, Martin County
08-1465GM
Circuit Court for the Nineteenth Judicial Circuit, Martin County
08-1144GM
|
Parties
Name |
1000 FRIENDS OF FLORIDA, INC.
|
Role |
Petitioner
|
Status |
Active
|
|
Name |
MARTIN COUNTY CONSERVATION ALLIANCE, INC.
|
Role |
Petitioner
|
Status |
Active
|
Representations |
Richard Grosso
|
|
Name |
MARTIN ISLAND WAY, LLC
|
Role |
Respondent
|
Status |
Active
|
Representations |
WILLIAM L. HYDE, JACK J. AIELLO
|
|
Name |
ECONOMIC OPPORTUNITY DEPARTMENT OF
|
Role |
Respondent
|
Status |
Active
|
|
Name |
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
|
Role |
Respondent
|
Status |
Active
|
Representations |
SHERRY A. SPIERS, RICHARD E. SHINE, LATHIKA MARY THOMAS
|
|
Name |
MARTIN COUNTY, FLORIDA
|
Role |
Respondent
|
Status |
Active
|
Representations |
DAVID ARTHUR ACTON, STEPHEN FRY
|
|
Name |
ISLAND WAY, LC
|
Role |
Respondent
|
Status |
Active
|
|
Name |
FLORIDA JUSTICE INSTITUTE, INC.
|
Role |
Amicus - Petitioner
|
Status |
Active
|
Representations |
RANDALL CHALLEN BERG, JR.
|
|
Name |
DISABILITY RIGHTS FLORIDA, INC.
|
Role |
Amicus - Petitioner
|
Status |
Active
|
Representations |
DAVID ALLEN BOYER, EDITH E. SHEEKS
|
|
Name |
SOUTHERN LEGAL COUNSEL, INC.
|
Role |
Amicus - Petitioner
|
Status |
Interim
|
Representations |
Jodi Siegel, Ms. Gabriela M. Ruiz
|
|
Name |
FLORIDA WILDLIFE FEDERATION
|
Role |
Amicus - Petitioner
|
Status |
Active
|
Representations |
THOMAS W. REESE
|
|
Name |
FLORIDA LEGAL SERVICES, INC.
|
Role |
Amicus - Petitioner
|
Status |
Interim
|
Representations |
VALORY TONI GREENFIELD, ANNE LISA SWERLICK, Mrs. Kathy Newman Grunewald, CINDY LEANN HUDDLESTON
|
|
Name |
AMERICAN PLANNING ASSOCIATION, FLORIDA CHAPTER
|
Role |
Amicus - Petitioner
|
Status |
Active
|
Representations |
David A. Theriaque
|
|
Name |
FLORIDA INSTITUTIONAL LEGAL SERVICES, INC.
|
Role |
Amicus - Petitioner
|
Status |
Active
|
Representations |
Mr. Peter P. Sleasman, CHRISTOPHER MICHAEL JONES
|
|
Name |
FLORIDA CHAPTER OF THE AMERICAN PLANNING ASSOCIATION
|
Role |
Amicus - Petitioner
|
Status |
Interim
|
Representations |
David A. Theriaque, S. Brent Spain
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Name |
Jon S. Wheeler
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Role |
Lower Tribunal Clerk
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Status |
Active
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Name |
MARSHA STILLER-EWING
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Role |
Lower Tribunal Clerk
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Status |
Active
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Docket Entries
Docket Date |
2014-01-27
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Type |
Event
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Subtype |
Archives
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Description |
ARCHIVES ~ File
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Docket Date |
2013-08-29
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Type |
Miscellaneous Document
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Subtype |
West Correspondence
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Description |
WEST CORRESPONDENCE ~ NOTICE OF CORRECTION - THE FOLLOWING CORRECTION HAS BEEN MADE IN THE ABOVE OPINION: On page 2, the votes have been corrected to read: PARIENTE, J., did not participate. QUINCE, J., recused.
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Docket Date |
2013-05-30
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Type |
Record
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Subtype |
Record/Transcript Returned
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Description |
RECORD/TRANSCRIPT RETURNED ~ 1 VOL. CC PAPERS, 4 VOLS. BRIEF (APPENDIX INCLUDED) & 12 VOLS. RECORD (1 BOX)
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On Behalf Of |
Jon S. Wheeler
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Docket Date |
2013-05-09
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Type |
Disposition
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Subtype |
Rev Dism Improvidently Granted (w/o OA)
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Description |
DISP-REV DISM IMPROVIDENTLY GRANTED (W/O OA) ~ We initially accepted jurisdiction to review the decision of the First District Court of Appeal in Martin County Conservation Alliance v. Martin County, 73 So. 3d 856 (Fla. 1st DCA 2011), based on express and direct conflict. See art. V, § 3(b)(3), Fla. Const. After further consideration, we have determined that jurisdiction was improvidently granted. Accordingly, we hereby dismiss this review proceeding. It is so ordered.
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Docket Date |
2013-03-08
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Type |
Order
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Subtype |
Counsel Substitution
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Description |
ORDER-COUNS SUBSTITUTION GR ~ The Motion for Substitution of Counsel for Florida Department of Economic Opportunity (successor agency to the Department of Community Affairs) filed in the above cause is hereby granted and Sherry A. Spiers is hereby substituted as counsel for the Department in place of David L. Jordan.
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Docket Date |
2012-11-30
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Type |
Motion
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Subtype |
Couns Substitution Stipulation
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Description |
MOTION-COUNS SUBSTITUTION
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On Behalf Of |
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
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Docket Date |
2012-08-31
|
Type |
Notice
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Subtype |
Notice of Designation of E-mail Address
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Description |
NOTICE-DESIGNATION OF E-MAIL ADDRESSES
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On Behalf Of |
MARTIN COUNTY, FLORIDA
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|
Docket Date |
2012-08-29
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Type |
Notice
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Subtype |
Notice of Designation of E-mail Address
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Description |
NOTICE-DESIGNATION OF E-MAIL ADDRESSES ~ FILED FOR JACK J. AIELLO
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On Behalf Of |
MARTIN ISLAND WAY, LLC
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Docket Date |
2012-08-27
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Type |
Brief
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Subtype |
Reply-Merit
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Description |
REPLY BRIEF-MERITS ~ O&7 & E-MAIL
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On Behalf Of |
MARTIN COUNTY CONSERVATION ALLIANCE
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Docket Date |
2012-08-09
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Type |
Order
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Subtype |
Extension of Time (Merits Brief)
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Description |
ORDER-EXT OF TIME GR (REPLY BRIEF-MERITS)
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Docket Date |
2012-07-27
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Type |
Motion
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Subtype |
Ext of Time (Reply Brief-Merit)
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Description |
MOTION-EXT OF TIME (REPLY BRIEF-MERITS)
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On Behalf Of |
MARTIN COUNTY CONSERVATION ALLIANCE
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|
Docket Date |
2012-07-20
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Type |
Brief
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Subtype |
Answer-Merit
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Description |
ANSWER BRIEF-MERITS ~ O&7 & E-MAIL
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On Behalf Of |
MARTIN COUNTY, FLORIDA
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Docket Date |
2012-07-20
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Type |
Notice
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Subtype |
Joinder
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Description |
NOTICE-JOINDER ~ FILED AS "RESPONDENTS' MARTIN ISLAND WAY, LLC'S AND ISLAND WAY LC'S NOTICE OF JOINDER IN RESPONDENT, MARTIN COUNTY'S, ANSWER BRIEF"
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On Behalf Of |
MARTIN ISLAND WAY, LLC
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Docket Date |
2012-07-16
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Type |
Record
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Subtype |
Record/Transcript
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Description |
RECORD/TRANSCRIPT ~ 1 VOL. CC PAPERS, 4 VOLS. BRIEF (APPENDIX INCLUDED) & 12 VOLS. RECORD (1 BOX)
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On Behalf Of |
Jon S. Wheeler
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Docket Date |
2012-07-13
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Type |
Brief
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Subtype |
Amicus Curiae Answer
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Description |
AMICUS CURIAE ANSWER BRIEF-MERITS ~ O&7
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On Behalf Of |
FLORIDA CHAPTER OF THE AMERICAN PLANNING ASSOCIATION
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Docket Date |
2012-07-03
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Type |
Order
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Subtype |
Amicus Curiae
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Description |
ORDER-AMICUS CURIAE GR ~ The motion for leave to file brief as amicus curiae filed by American Planning Association, Florida Chapter is hereby granted and they are allowed to file brief only in support of petitioners. The brief by the above referenced amicus curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
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Docket Date |
2012-07-02
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Type |
Order
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Subtype |
Amicus Curiae
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Description |
ORDER-AMICUS CURIAE GR ~ The motion for leave to file brief as amicus curiae filed by Florida Legal Services, Inc., Florida Institutional Legal Services, Inc., Florida Justice Institute, Inc. and Southern Legal Counsel, Inc. is hereby granted and they are allowed to file brief only in support of petitioners. The brief by the above referenced amicus curiae was filed with this Court on June 15, 2012.
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Docket Date |
2012-06-26
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Type |
Brief
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Subtype |
Amicus Curiae Initial
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Description |
AMICUS CURIAE INITIAL BRIEF-MERITS ~ O&7
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On Behalf Of |
FLORIDA WILDLIFE FEDERATION
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Docket Date |
2012-06-19
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Type |
Order
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Subtype |
Amicus Curiae
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Description |
ORDER-AMICUS CURIAE GR ~ The motion for leave to file brief as amicus curiae filed by Florida Wildlife Federation is hereby granted and they are allowed to file brief only in support of appellant. 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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Docket Date |
2012-06-18
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Type |
Motion
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Subtype |
Ext of Time (Answer Brief-Merit)
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Description |
MOTION-EXT OF TIME (ANSWER BRIEF-MERITS)
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On Behalf Of |
MARTIN ISLAND WAY, LLC
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Docket Date |
2012-06-15
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Type |
Motion
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Subtype |
Motion Amendment/Supplement
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Description |
MOTION-MOTION AMENDMENT/SUPPLEMENT ~ FILED AS "FLORIDA LEGAL SERVICES, INC. FLORIDA INSTITUTIONAL LEGAL SERVICES, INC., FLORIDA JUSTICE CENTER, INC., AND SOUTHERN LEGAL COUNSEL, INC.'S RENEWED MOTION FOR LEAVE TO FILE ATTACHED AMICUS CURIAE BRIEF IN OPPOSITION TO SANCTION ORDER"
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On Behalf Of |
Florida Legal Services, Inc.
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|
Docket Date |
2012-06-15
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Type |
Brief
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Subtype |
Amicus Curiae Initial
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Description |
AMICUS CURIAE INITIAL BRIEF-MERITS ~ O&7 & E-MAIL
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On Behalf Of |
Florida Legal Services, Inc.
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|
Docket Date |
2012-06-14
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Type |
Motion
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Subtype |
Toll Time
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Description |
MOTION-TOLL TIME
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On Behalf Of |
MARTIN COUNTY, FLORIDA
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|
Docket Date |
2012-06-14
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Type |
Brief
|
Subtype |
Amicus Curiae Initial
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Description |
AMICUS CURIAE INITIAL BRIEF-MERITS ~ O&7
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On Behalf Of |
Disability Rights Florida
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|
Docket Date |
2012-06-05
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Type |
Brief
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Subtype |
Initial-Merit
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Description |
INITIAL BRIEF-MERITS ~ O&7 & E-MAIL
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On Behalf Of |
MARTIN COUNTY CONSERVATION ALLIANCE
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Docket Date |
2012-05-31
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Type |
Motion
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Subtype |
Amicus Curiae
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Description |
MOTION-AMICUS CURIAE ~ AMENDED 06/15/2012
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On Behalf Of |
AMERICAN PLANNING ASSOCIATION, FLORIDA CHAPTER
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|
Docket Date |
2012-05-30
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Type |
Response
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Subtype |
Response
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Description |
RESPONSE ~ TO FLORIDA WILDLIFE FEDERATION'S MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF
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On Behalf Of |
MARTIN COUNTY, FLORIDA
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|
Docket Date |
2012-05-30
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Type |
Motion
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Subtype |
Amicus Curiae
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Description |
MOTION-AMICUS CURIAE
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On Behalf Of |
Florida Legal Services, Inc.
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|
Docket Date |
2012-05-25
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Type |
Order
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Subtype |
Amicus Curiae
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Description |
ORDER-AMICUS CURIAE GR ~ The motion for leave to file brief as amicus curiae filed by Disability Rights Florida, Inc. is hereby granted and they are allowed to file brief only in support of petitioner. 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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Docket Date |
2012-05-24
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Type |
Motion
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Subtype |
Amicus Curiae
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Description |
MOTION-AMICUS CURIAE
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On Behalf Of |
FLORIDA WILDLIFE FEDERATION
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|
Docket Date |
2012-05-21
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Type |
Motion
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Subtype |
Amicus Curiae
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Description |
MOTION-AMICUS CURIAE
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On Behalf Of |
Disability Rights Florida
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Docket Date |
2012-05-11
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Type |
Order
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Subtype |
No Req & Brief Sched/Juris Accepted
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Description |
ORDER-NO REQ&BRIEF SCHED/JURIS ACCEPTED ~ The Court accepts jurisdiction and dispenses with oral argument pursuant to Florida Rule of Appellate Procedure 9.320.Petitioner's brief on the merits shall be served on or before June 5, 2012; respondent's brief on the merits shall be served twenty days after service of petitioner's brief on the merits; and petitioner's reply brief on the merits shall be served twenty days after service of respondent's brief on the merits. Please file an original and seven copies of all briefs.The Clerk of the First District Court of Appeal shall file the original record which shall be properly indexed and paginated on or before July 11, 2012. The record shall include the briefs filed in the district court separately indexed.
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Docket Date |
2012-03-08
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Type |
Order
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Subtype |
Vacate
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Description |
ORDER-VACATE ~ The order of this Court dated February 9, 2012, stating no answer brief was filed by Martin Island Way, LLC and Island Way, LC is hereby vacated.
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Docket Date |
2012-02-09
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Type |
Order
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Subtype |
Brief Non-Filing (Answer Brief)
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Description |
ORDER-BRIEF NON-FILING (ANSWER BRIEF) ~ Counsel for respondent Martin Island Way, LLC and Island Way, LC having not filed an answer brief, the above case has been submitted to the Court for consideration. (03/08/2012: VACATED)
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Docket Date |
2012-01-17
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Type |
Order
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Subtype |
Extension of Time (Juris Brief)
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Description |
ORDER-EXT OF TIME GR (JURIS BRIEF-RESPONDENT) ~ Respondents' Martin Island Way, LLC and Island Way, LC's Motion for Extension of time is granted and "Respondents' Martin Island Way, LLC's and Island Way, LC's, Notice of Joinder in Respondent, Martin County's, Brief on Jurisdiction" was filed with this Court on January 9, 2012. (03/08/2012: AMD TO REFLECT FILING OF NOTICE-JOINDER)
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Docket Date |
2012-01-13
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Type |
Notice
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Subtype |
Amicus Curiae Intent to Appear
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Description |
NOTICE-AMICUS CURIAE INTENT TO APPEAR ~ AMERICAN PLANNING ASSOCIATION, FLORIDA CHAPTER
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On Behalf Of |
FLORIDA CHAPTER OF THE AMERICAN PLANNING ASSOCIATION
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Docket Date |
2012-01-09
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Type |
Notice
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Subtype |
Joinder
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Description |
NOTICE-JOINDER ~ RESPONDENT'S MARTIN ISLAND WAY, LLC'S AND ISLAND WAY, LC'S, NOTICE OF JOINDER IN RESPONDENT, MARTIN COUNTY'S BRIEF ON JURISDICTION
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On Behalf Of |
MARTIN ISLAND WAY, LLC
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Docket Date |
2012-01-04
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Type |
Brief
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Subtype |
Juris Answer
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Description |
JURIS ANSWER BRIEF ~ O & E-MAIL
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On Behalf Of |
MARTIN COUNTY, FLORIDA
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Docket Date |
2012-01-03
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Type |
Notice
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Subtype |
Amicus Curiae Intent to Appear
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Description |
NOTICE-AMICUS CURIAE INTENT TO APPEAR ~ FLORIDA WILDLIFE FEDERATION
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On Behalf Of |
FLORIDA WILDLIFE FEDERATION
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|
Docket Date |
2011-12-22
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Type |
Event
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Subtype |
Fee Paid in Full - $300
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Description |
Fee Paid In Full - $300
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Docket Date |
2011-12-21
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Type |
Motion
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Subtype |
Toll Time
|
Description |
MOTION-TOLL TIME
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On Behalf Of |
MARTIN ISLAND WAY, LLC
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Docket Date |
2011-12-15
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Type |
Brief
|
Subtype |
Juris Initial
|
Description |
JURIS INITIAL BRIEF ~ W/APPENDIX & E-MAIL
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On Behalf Of |
MARTIN COUNTY CONSERVATION ALLIANCE
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Docket Date |
2011-12-07
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Type |
Notice
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Subtype |
Amicus Curiae Intent to Appear
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Description |
NOTICE-AMICUS CURIAE INTENT TO APPEAR ~ SOUTHERN LEGAL COUNSEL, INC. (SLC) (12/07/2011: NOTICE WITH AMENDED COS)
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On Behalf Of |
SOUTHERN LEGAL COUNSEL, INC.
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Docket Date |
2011-12-05
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Type |
Notice
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Subtype |
Amicus Curiae Intent to Appear
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Description |
NOTICE-AMICUS CURIAE INTENT TO APPEAR ~ DISABILITY RIGHTS FLORIDA, INC. (O&7)
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On Behalf Of |
Disability Rights Florida
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Docket Date |
2011-12-02
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Type |
Notice
|
Subtype |
Invoke Discretionary Jurisdiction
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Description |
NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT)
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On Behalf Of |
MARTIN COUNTY CONSERVATION ALLIANCE
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Docket Date |
2011-12-02
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Type |
Misc. Events
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Subtype |
Fee Status
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Description |
A3:Paid In Full - $300
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