| Classification |
Discretionary Review - Notice to Invoke - Certified Direct Conflict
|
| Court |
Supreme Court of Florida
|
| Originating Court |
Circuit Court for the Tenth Judicial Circuit, Hardee County
2D14-788
Circuit Court for the Tenth Judicial Circuit, Hardee County
252013CA000614CAAXMX
|
Parties
| Name |
HARDEE COUNTY, FLORIDA
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
TIMOTHY M. RILEY, Mohammad O. Jazil, KENNETH B. EVERS, FRANK E. MATTHEWS, D. KENT SAFRIET
|
|
| Name |
FINR II, INC.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
EDWARD P. DE LA PARTE, JR., PATRICK J. MCNAMARA, David M. Caldevilla, VIVIAN ARENAS-BATTLES
|
|
| Name |
HON. MARCUS J. EZELLE
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Hon. Mary Beth Kuenzel
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
HON. B. HUGH BRADLEY, CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
MICHAEL R. BRAY, JR.
|
| Role |
Proponent
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2017-08-11
|
| Type |
Miscellaneous Document
|
| Subtype |
Publish Full
|
| Description |
PUBLISH FULL
|
| View |
View File
|
|
| Docket Date |
2017-08-10
|
| Type |
Mandate
|
| Subtype |
Mandate Issued
|
| Description |
MANDATE ~ CC: COUNSEL
|
|
| Docket Date |
2017-07-17
|
| Type |
Disposition
|
| Subtype |
**DISP-REHEARING
|
| Description |
DISP-REHEARING DY ~ Respondent's Motion for Rehearing or Clarification is hereby denied.
|
|
| Docket Date |
2017-06-19
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ FILED AS "RESPONSE IN OPPOSITION TO FINR'S MOTION FOR REHEARING OR CLARIFICATION"
|
| On Behalf Of |
HARDEE COUNTY, FLORIDA
|
| View |
View File
|
|
| Docket Date |
2017-06-09
|
| Type |
Motion
|
| Subtype |
Rehearing
|
| Description |
MOTION-REHEARING ~ FILED AS "RESPONDENT'S MOTION FOR REHEARING OR CLARIFICATION":
|
| On Behalf Of |
FINR II, INC.
|
| View |
View File
|
|
| Docket Date |
2017-05-25
|
| Type |
Order
|
| Subtype |
Atty Fees GR (Amt by Trial Court - M/O)
|
| Description |
ORDER-ATTY FEES GR (AMT BY TR CT - M/O) ~ Petitioner's motion for attorney's fees is granted, the amount to be determined by the trial court. See Fla. R. App. P. 9.400(b).Respondent's motion for attorney's fees is hereby denied.
|
|
| Docket Date |
2017-05-25
|
| Type |
Disposition
|
| Subtype |
Disapproved
|
| Description |
DISP-DISAPPROVED ~ FSC-OPINION: Based on the foregoing, we approve the First District's decision in Smith, disapprove the Second District below, and remand for further proceedings consistent with this opinion.It is so ordered.
|
| View |
View File
|
|
| Docket Date |
2017-02-14
|
| Type |
Notice
|
| Subtype |
Supplemental Authority
|
| Description |
NOTICE-SUPPLEMENTAL AUTHORITY ~ FILED AS "FINR'S NOTICE OF SUPPLEMENTAL AUTHORITY CONCERNING ISSUES RAISED DURING ORAL ARGUMENTS"
|
| On Behalf Of |
FINR II, INC.
|
| View |
View File
|
|
| Docket Date |
2017-02-09
|
| Type |
Event
|
| Subtype |
Oral Argument Held
|
| Description |
ORAL ARGUMENT HELD
|
|
| Docket Date |
2017-02-06
|
| Type |
Notice
|
| Subtype |
Supplemental Authority
|
| Description |
NOTICE-SUPPLEMENTAL AUTHORITY ~ FILED AS "FINR'S NOTICE OF SUPPLEMENTAL AUTHORITY"
|
| On Behalf Of |
FINR II, INC.
|
| View |
View File
|
|
| Docket Date |
2016-10-06
|
| Type |
Order
|
| Subtype |
Oral Argument Reschedule
|
| Description |
ORDER-ORAL ARGUMENT RESCHEDULE ~ At the direction of the Court, the above case which was scheduled for oral argument on November 3, 2016, has been rescheduled for oral argument at 9:00 a.m., Thursday, February 9, 2017. A maximum of twenty minutes to the side is allowed for the argument, but counsel is expected to use only so much of that time as is necessary.
|
|
| Docket Date |
2016-08-09
|
| 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., Thursday, November 3, 2016.A maximum of twenty minutes to the side is allowed for the argument, but counsel is expected to use only so much of that time as is necessary.NO CONTINUANCES WILL BE GRANTED EXCEPT UPON A SHOWING OF EXTREME HARDSHIP.
|
|
| Docket Date |
2016-01-12
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ FINR'S RESPONSE IN OPPOSITION TO "HARDEE COUNTY'S MOTION FOR ATTORNEYS' FEES AND COSTS"
|
| On Behalf Of |
FINR II, INC.
|
|
| Docket Date |
2015-12-29
|
| Type |
Motion
|
| Subtype |
Attorney's Fees
|
| Description |
MOTION-ATTORNEYS FEES ~ HARDEE COUNTY'S MOTION FOR ATTORNEY'S FEES AND COSTS (5/25/2017: GRANTED)
|
| On Behalf Of |
HARDEE COUNTY, FLORIDA
|
| View |
View File
|
|
| Docket Date |
2015-12-29
|
| Type |
Brief
|
| Subtype |
Reply-Merit
|
| Description |
REPLY BRIEF-MERITS
|
| On Behalf Of |
HARDEE COUNTY, FLORIDA
|
| View |
View File
|
|
| Docket Date |
2015-12-09
|
| Type |
Motion
|
| Subtype |
Attorney's Fees
|
| Description |
MOTION-ATTORNEYS FEES ~ RESPONDENT'S MOTION FOR CONDITIONAL AWARD OF APPELLATE ATTORNEYS' FEES (5/25/2017: DENIED)
|
| On Behalf Of |
FINR II, INC.
|
| View |
View File
|
|
| Docket Date |
2015-12-09
|
| Type |
Brief
|
| Subtype |
Answer-Merit
|
| Description |
ANSWER BRIEF-MERITS
|
| On Behalf Of |
FINR II, INC.
|
| View |
View File
|
|
| Docket Date |
2015-10-29
|
| 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 December 9, 2015, in which to serve the answer brief on the merits. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO RESPONDENT FOR THE FILING OF THE ANSWER BRIEF ON THE MERITS. All other times will be extended accordingly.
|
|
| Docket Date |
2015-10-26
|
| Type |
Motion
|
| Subtype |
Toll Time
|
| Description |
MOTION-TOLL TIME
|
| On Behalf Of |
FINR II, INC.
|
|
| Docket Date |
2015-10-15
|
| Type |
Brief
|
| Subtype |
Appendix-Merit
|
| Description |
APPENDIX-MERIT BRIEF ~ APPENDIX TO INITIAL BRIEF OF HARDEE COUNTY, FLORIDA
|
| On Behalf Of |
HARDEE COUNTY, FLORIDA
|
| View |
View File
|
|
| Docket Date |
2015-09-21
|
| Type |
Record
|
| Subtype |
Record/Transcript
|
| Description |
RECORD ~ 1 VOLUME OF DCA BRIEFS (FILED ELECTRONICALLY)
|
|
| Docket Date |
2015-09-08
|
| Type |
Order
|
| Subtype |
Consolidation
|
| Description |
ORDER-CONSOLIDATION DY ~ Petitioner has filed a "Motion to Partially Consolidate; Motion for Extension of Time; Request to Toll Time; in the alternative, Motion to Stay." The motion to consolidate is hereby denied. The motion for extension of time is granted, in part, and petitioner is allowed to and including October 15, 2015, in which to serve the initial brief on the merits. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO PETITIONER FOR THE FILING OF THE INITIAL BRIEF ON THE MERITS. All other times will be extended accordingly.
|
|
| Docket Date |
2015-09-01
|
| Type |
Motion
|
| Subtype |
Consolidation
|
| Description |
MOTION-CONSOLIDATION ~ FILED AS "MOTION TO PARTIALLY CONSOLIDATE; MOTION FOR EXTENSION OF TIME; REQUEST TO TOLL TIME; IN THE ALTERNATIVE, MOTION TO STAY" (MOT-CONSOLIDATE IS DENIED & MOT-EXTENSION OF TIME IS GRANTED, IN PART-SEE ORDER DATED 09/08/2015)
|
| On Behalf Of |
HARDEE COUNTY, FLORIDA
|
|
| Docket Date |
2015-08-18
|
| Type |
Order
|
| Subtype |
Juris Accept/Brief Sched (OA Later Date)
|
| Description |
ORDER-JURIS ACCEPT/BRIEF SCHED (OA LATER DATE) ~ The Court accepts jurisdiction of this case. Oral argument will be set by separate order. Counsel for the parties will be notified of the oral argument date approximately sixty days prior to oral argument.Petitioner's initial brief on the merits shall be served on or before September 15, 2015; respondent's answer brief on the merits shall be served twenty days after service of petitioner's initial brief on the merits; and petitioner's reply brief on the merits shall be served twenty days after service of respondent's answer brief on the merits.The Clerk of the Second District Court of Appeal shall file the record which shall be properly indexed and paginated on or before October 19, 2015. The Clerk may provide the record in the format as currently maintained at the district court, either paper or electronic.
|
|
| Docket Date |
2015-07-31
|
| Type |
Brief
|
| Subtype |
Juris Answer
|
| Description |
JURIS ANSWER BRIEF
|
| On Behalf Of |
FINR II, INC.
|
| View |
View File
|
|
| Docket Date |
2015-07-14
|
| Type |
Event
|
| Subtype |
Fee Paid in Full
|
| Description |
Fee Paid in Full
|
|
| Docket Date |
2015-07-13
|
| Type |
Letter-Case
|
| Subtype |
Letter
|
| Description |
LETTER ~ LETTER DATED 07/10/2015 WITH FILING FEE
|
| On Behalf Of |
HARDEE COUNTY, FLORIDA
|
|
| Docket Date |
2015-07-10
|
| Type |
Letter-Case
|
| Subtype |
Acknowledgment Letter-New Case
|
| Description |
ACKNOWLEDGMENT LETTER-NEW CASE
|
|
| Docket Date |
2015-07-10
|
| Type |
Order
|
| Subtype |
Filing Fee Due
|
| Description |
ORDER-FILING FEE DUE ~ The jurisdiction of this Court was invoked by the filing of a Notice to Invoke Discretionary Jurisdiction in the lower tribunal; however, said notice was not accompanied by the $300.00 filing fee or an order of insolvency from the district court of appeal as required by Florida Rules of Appellate Procedure 9.110(b) and 9.120(b). The filing fee is due and payable at the time of filing the notice. Petitioner is allowed to and including August 10, 2015, in which to submit the filing fee, or an order of insolvency, or a proper motion for leave to proceed in forma pauperis that complies with sections 57.081 and 57.082, Florida Statutes (2013). Failure to submit the filing fee or one of the above referenced documents to this Court could result in the imposition of sanctions, including dismissal of the notice.Please understand that once this case is dismissed, it is not subject to reinstatement.
|
|
| Docket Date |
2015-07-08
|
| Type |
Brief
|
| Subtype |
Juris Initial
|
| Description |
JURIS INITIAL BRIEF ~ w/ Appendix (REC'D 07/07/2015)
|
| On Behalf Of |
HARDEE COUNTY, FLORIDA
|
| View |
View File
|
|
| Docket Date |
2015-07-08
|
| Type |
Notice
|
| Subtype |
Invoke Discretionary Jurisdiction
|
| Description |
NOTICE-DISCRETIONARY JURIS (CERT DIRECT CONFLICT)
|
| On Behalf Of |
HARDEE COUNTY, FLORIDA
|
|
| Docket Date |
2015-07-08
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
