| Docket Date |
2021-01-22
|
| Type |
Miscellaneous Document
|
| Subtype |
Publish Full
|
| Description |
PUBLISH FULL
|
| View |
View File
|
|
| Docket Date |
2021-01-21
|
| Type |
Mandate
|
| Subtype |
Mandate Issued
|
| Description |
MANDATE
|
|
| Docket Date |
2020-12-31
|
| Type |
Disposition
|
| Subtype |
Quashed
|
| Description |
DISP-QUASHED ~ FSC-OPINION: We conclude that the unilateral fee provisions in the credit card contracts are made reciprocal to the prevailing debtors under section 57.105(7). Accordingly, we approve the result in Bushnell and quash Ham. It is so ordered.
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| View |
View File
|
|
| Docket Date |
2020-12-31
|
| Type |
Order
|
| Subtype |
Atty Fees GR (Amt by Trial Court - M/O)
|
| Description |
ORDER-ATTY FEES GR (AMT BY TR CT - M/O) ~ Petitioners' motion for attorney's fees is granted, the amount to be determined by the trial court. See Fla. R. App. P. 9.400(b).
|
|
| Docket Date |
2020-10-14
|
| Type |
Notice
|
| Subtype |
Supplemental Authority
|
| Description |
NOTICE-SUPPLEMENTAL AUTHORITY
|
| On Behalf Of |
Eugene Ham III
|
| View |
View File
|
|
| Docket Date |
2020-06-02
|
| Type |
Event
|
| Subtype |
Oral Argument Held
|
| Description |
ORAL ARGUMENT HELD
|
|
| Docket Date |
2020-03-24
|
| Type |
Order
|
| Subtype |
OA Schedule (Prev Accepted)
|
| Description |
ORDER-OA SCHED (PREV ACCEPTED) ~ The Court previously accepted jurisdiction. The Court will hear oral argument at 9:00 a.m., Tuesday, June 2, 2020.A maximum of twenty minutes to the side is allowed for the argument as consolidated, but counsel is expected to use only so much of that time as is necessary.NO CONTINUANCES WILL BE GRANTED EXCEPT UPON A SHOWING OF EXTREME HARDSHIP.
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|
| Docket Date |
2020-03-18
|
| Type |
Motion
|
| Subtype |
Request-Oral Argument
|
| Description |
REQUEST-ORAL ARGUMENT
|
| On Behalf Of |
Portfolio Recovery Associates, LLC
|
| View |
View File
|
|
| Docket Date |
2020-03-16
|
| Type |
Brief
|
| Subtype |
Reply-Merit
|
| Description |
REPLY BRIEF-MERITS
|
| On Behalf Of |
Eugene Ham III
|
| View |
View File
|
|
| Docket Date |
2020-02-24
|
| Type |
Brief
|
| Subtype |
Amicus Curiae Initial
|
| Description |
AMICUS CURIAE INITIAL BRIEF-MERITS ~ Amicus Brief of National Creditors Bar Association and Florida Creditors Bar Association in Support of Respondent
|
| On Behalf Of |
National Creditors Bar Association
|
| View |
View File
|
|
| Docket Date |
2020-02-20
|
| Type |
Order
|
| Subtype |
Amicus Curiae
|
| Description |
ORDER-AMICUS CURIAE GR ~ The motion for leave to file brief as amicus curiae filed by Receivables Management Association International is hereby granted and they are allowed to file brief only in support of respondent. 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 |
2020-02-19
|
| Type |
Motion
|
| Subtype |
Amicus Curiae
|
| Description |
MOTION-AMICUS CURIAE ~ Motion of Receivables Management Association International for Leave to File Amicus Curiae Brief in Support of Respondent
|
| On Behalf Of |
Receivables Management Association International
|
| View |
View File
|
|
| Docket Date |
2020-02-14
|
| Type |
Brief
|
| Subtype |
Answer-Merit
|
| Description |
ANSWER BRIEF-MERITS
|
| On Behalf Of |
Portfolio Recovery Associates, LLC
|
| View |
View File
|
|
| Docket Date |
2020-02-03
|
| Type |
Brief
|
| Subtype |
Amicus Curiae Initial (Amended)
|
| Description |
AMICUS CURIAE INITIAL AMD BRIEF-MERITS ~ Amicus Curiae Brief of the National Association of Consumer Advocates in Support of Petitioners
|
| On Behalf Of |
NATIONAL ASSOCIATION OF CONSUMER ADVOCATES
|
| View |
View File
|
|
| Docket Date |
2020-01-27
|
| Type |
Order
|
| Subtype |
Brief/Appendix Stricken (Non-Compliance)
|
| Description |
ORDER-BRIEF STRICKEN (NON-COMPLIANCE) ~ Amicus curiae National Association of Consumer Advocate's brief, which was filed with this Court on January 10, 2020, does not comply with Florida Rule of Appellate Procedure 9.370 and is hereby stricken. The amicus curiae is hereby directed, on or before February 3, 2020, to file an amended brief which does not exceed 20 pages. A preliminary statement is not required in the contents of a brief; however, if it is included, it must be included in the computation.
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|
| Docket Date |
2020-01-14
|
| Type |
Record
|
| Subtype |
Record/Transcript
|
| Description |
RECORD ~ (SC18-2142) 1 VOLUME CERTIFIED COPIES OF APPEAL PAPERS - Filed Electronically
|
| On Behalf Of |
Hon. Kristina Samuels
|
|
| Docket Date |
2020-01-10
|
| Type |
Brief
|
| Subtype |
Amicus Curiae Initial
|
| Description |
AMICUS CURIAE INITIAL BRIEF-MERITS ~ Amicus Curiae Brief of the National Association of Consumer Advocates in Support of Petitioners **Stricken 1/27/20, exceeds page limit.**
|
| On Behalf Of |
NATIONAL ASSOCIATION OF CONSUMER ADVOCATES
|
| View |
View File
|
|
| Docket Date |
2020-01-07
|
| Type |
Order
|
| Subtype |
Extension of Time (Merits Brief)
|
| Description |
ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS) ~ Respondent's motion for extension of time is granted, and respondent is allowed to and including February 14, 2020, in which to serve the answer brief on the merits. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.All other times will be extended accordingly.
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|
| Docket Date |
2020-01-13
|
| Type |
Motion
|
| Subtype |
Amicus Curiae
|
| Description |
MOTION-AMICUS CURIAE ~ Motion by the National Creditors Bar Association and the Florida Creditors Bar Association for Leave to File Amicus Curiae Brief in Support of Respondent **Amended filed 1/13/20**
|
| On Behalf Of |
National Creditors Bar Association
|
| View |
View File
|
|
| Docket Date |
2020-01-13
|
| Type |
Order
|
| Subtype |
Amicus Curiae
|
| Description |
ORDER-AMICUS CURIAE GR ~ The motion for leave to file brief as amici curiae filed by the National Creditors Bar Association, and the Florida Creditors Bar Association, is hereby granted and they are allowed to file brief only in support of respondent. The brief by the above referenced amici curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
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|
| Docket Date |
2020-01-06
|
| Type |
Motion
|
| Subtype |
Toll Time
|
| Description |
MOTION-TOLL TIME
|
| On Behalf Of |
Portfolio Recovery Associates, LLC
|
| View |
View File
|
|
| Docket Date |
2019-12-31
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ Response to Petitioners' Motion for Attorney's Fees
|
| On Behalf Of |
Portfolio Recovery Associates, LLC
|
| View |
View File
|
|
| Docket Date |
2019-12-20
|
| Type |
Order
|
| Subtype |
Extension of Time (Amicus Curiae)
|
| Description |
ORDER-EXT OF TIME GR (AMICUS CURIAE) ~ The motion for extension of time filed in the above case by the National Association of Consumer Advocates is granted and said amicus curiae is allowed to and including January 10, 2020, in which to serve the amicus curiae initial brief on the merits. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.All other times will be extended accordingly.
|
|
| Docket Date |
2019-12-20
|
| Type |
Motion
|
| Subtype |
Ext of Time (Amicus Curiae Brief)
|
| Description |
MOTION-EXT OF TIME (AMICUS CURIAE BRIEF)
|
| On Behalf Of |
NATIONAL ASSOCIATION OF CONSUMER ADVOCATES
|
| View |
View File
|
|
| Docket Date |
2019-12-18
|
| Type |
Order
|
| Subtype |
Amicus Curiae
|
| Description |
ORDER-AMICUS CURIAE GR ~ The Amended Motion by National Association of Consumer Advocates for Leave to Submit Brief of Amici Curiae is hereby granted. The brief by the above referenced amicus curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
|
|
| Docket Date |
2019-12-17
|
| Type |
Motion
|
| Subtype |
Amicus Curiae
|
| Description |
MOTION-AMICUS CURIAE ~ AMENDED MOTION BY NATIONAL ASSOCIATION OF CONSUMERADVOCATES FOR LEAVE TO SUBMIT BRIEF OF AMICI CURIAE
|
| On Behalf Of |
NATIONAL ASSOCIATION OF CONSUMER ADVOCATES
|
| View |
View File
|
|
| Docket Date |
2019-12-17
|
| Type |
Order
|
| Subtype |
Certificate of Service Compliance
|
| Description |
ORDER-CERTIFICATE OF SERVICE COMPLIANCE ~ All pleadings filed in this Court must contain a Certificate of Service stating the names and addresses of those served and, if served on an attorney, the name of the party that attorney represents. See Fla. R. App. P. 9.420. The Motion by National Association of Consumer Advocates for Leave to Submit Brief of Amici Curiae will not be submitted to the Court until you have served all parties and filed with this Court a proper Certificate of Service. Failure to provide this Court with a Certificate of Service within five days from the date of this order could result in the imposition of sanctions, including striking of the motion. See Fla. R. App. P. 9.410.
|
|
| Docket Date |
2019-12-16
|
| Type |
Motion
|
| Subtype |
Attorney's Fees
|
| Description |
MOTION-ATTORNEYS FEES
|
| On Behalf Of |
Eugene Ham III
|
| View |
View File
|
|
| Docket Date |
2019-12-16
|
| Type |
Brief
|
| Subtype |
Initial-Merit
|
| Description |
INITIAL BRIEF-MERITS
|
| On Behalf Of |
Eugene Ham III
|
| View |
View File
|
|
| Docket Date |
2019-11-25
|
| Type |
Order
|
| Subtype |
Dual Basis Juris Accept/Decline (OA Later Date)
|
| Description |
ORDER-DUAL BASIS JURIS ACCEPT/DECLINE (OA LATER DATE) ~ The Court accepts jurisdiction of this case as to the certified direct conflict.Petitioner's initial brief on the merits must be served on or before December 16, 2019; respondent's answer brief on the merits must be served thirty days after service of petitioner's initial brief on the merits; and petitioner's reply brief on the merits must be served thirty days after service of respondent's answer brief on the merits.The Clerk of the First District Court of Appeal must file the record which must be properly indexed and paginated on or before January 24, 2020. The Clerk may provide the record in the format as currently maintained at the district court, The Court has determined that it should decline to accept jurisdiction as to express and direct conflict.Oral argument will be set by separate order. Counsel for parties will be notified of the oral argument date approximately sixty days prior to oral argument.
|
|
| Docket Date |
2019-02-04
|
| Type |
Brief
|
| Subtype |
Juris Answer
|
| Description |
JURIS ANSWER BRIEF
|
| On Behalf Of |
Portfolio Recovery Associates, LLC
|
| View |
View File
|
|
| Docket Date |
2019-01-31
|
| Type |
Notice
|
| Subtype |
Related Case(s)
|
| Description |
NOTICE-RELATED CASE(S)
|
| On Behalf Of |
Eugene Ham III
|
| View |
View File
|
|
| Docket Date |
2019-01-31
|
| Type |
Order
|
| Subtype |
Consolidation
|
| Description |
ORDER-CONSOLIDATION ~ The above cases are hereby consolidated, on the Court's own motion, for all appellate purposes.From this date forward, all documents pertaining to the above consolidated cases should be filed electronically through the Florida Courts E-Filing Portal using case number SC18-2142 only.
|
|
| Docket Date |
2019-01-07
|
| Type |
Brief
|
| Subtype |
Juris Initial
|
| Description |
JURIS INITIAL BRIEF
|
| On Behalf Of |
Eugene Ham III
|
| View |
View File
|
|
| Docket Date |
2019-01-03
|
| Type |
Event
|
| Subtype |
Fee Paid Through Portal
|
| Description |
Fee Paid Through Portal
|
|
| Docket Date |
2019-01-03
|
| Type |
Notice
|
| Subtype |
Appearance
|
| Description |
NOTICE-APPEARANCE
|
| On Behalf Of |
Portfolio Recovery Associates, LLC
|
| View |
View File
|
|
| Docket Date |
2019-01-02
|
| Type |
Letter-Case
|
| Subtype |
Acknowledgment Letter-New Case-Pay Fee
|
| Description |
ACKNOWLEDGMENT LETTER-NEW CASE-PAY FEE
|
|
| Docket Date |
2019-01-02
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
PAY CASE FILING FEE-300
|
| On Behalf Of |
Eugene Ham III
|
| View |
View File
|
|
| Docket Date |
2018-12-28
|
| Type |
Notice
|
| Subtype |
Invoke Discretionary Jurisdiction (Cert. Direct Conflict/Direct Conflict of Decisions)
|
| Description |
DUAL BASIS-NOTICE-DISCRE JURIS-DIRECT CONFLICT/CERT DIR CONF
|
| On Behalf Of |
Eugene Ham III
|
| View |
View File
|
|
| Docket Date |
2018-12-28
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
