SUPREME COURT OF FLORIDA PETITIONER, EMILY HALE S JURISDICTIONAL BRIEF

Size: px
Start display at page:

Download "SUPREME COURT OF FLORIDA PETITIONER, EMILY HALE S JURISDICTIONAL BRIEF"

Transcription

1 SUPREME COURT OF FLORIDA EMILY HALE, Petitioner, -vs- DEPARTMENT OF REVENUE, STATE OF FLORIDA, Case No.: SC L.T. Case No.: CA Respondent. ********************************************** PETITIONER, EMILY HALE S JURISDICTIONAL BRIEF *********************************************** H. GUY GREEN, ESQUIRE 4387 Clinton Street Marianna, Florida / Telephone 850/ Facsimile Florida Bar No.: ATTORNEY FOR PETITIONER

2 Table of Contents TABLE OF AUTHORITIES ii, iii JURISDICTIONAL STATEMENT STATEMENT OF THE CASE AND FACTS SUMMARY OF ARGUMENT ARGUMENT I. THE DECISION OF THE FIRST DISTRICT COURT OF APPEAL CONFLICTS WITH THIS COURT S DECISION IN GANZ vs. HZJ, INC. CONCLUSION CERTIFICATE OF COMPLIANCE i-

3 Table of Authorities Cases: Dean S. Rebich vs. Burdine s and Liberty Mutual Insurance Company, 417 So.2d 284 (1 st DCA 1982) Ganz vs. HZJ, Inc., 605 So.2d 871 (Fla. 1992) , 7 Hale vs. Dept. of Revenue, 808 So.2d 237 (Fla. 1 st DCA 2001) Department of Revenue vs. Hale, 2992 Fla. Lexis 1815 (Fla. 2002) Goodman vs. Martin County Health Department, 786 So.2d 661 (4 th DCA 2001) , 8 Hooper vs. State Road Department, 105 So.2d 515 (2 nd DCA 1958) Heridia vs. Department of Safety and Motor Vehicles, 547 So.2d 107 (3 rd DCA 1989) , 8 Special Disability Trust Fund, Department of Labor and Employment Security, State of Florida vs. Motor and Compressor Company and Shelby Mutual Ins. Co., 46 So.2d 224 (1 st DCA 1984) The Estate of Jeffcott vs. F. E. Starnes, 186 So.2d 80 (Fla. 2 nd DCA 1966) Florida Statutes: Chapter 212, Florida Statutes Section 57.11, Fla. Stat Section , Fla. Stat ii-

4 Section (1)(b), Fla. Stat Section , Fla. Stat Section , Fla. Stat Section , Fla. Stat Section (7), Fla. Stat Section (7)(a), Fla. Stat Section , Fla. Stat Section (13), Fla. Stat Section , Fla. Stat , 8 Other Citations: Article I Section 9, Florida Constitution Amendment XIV United States Constitution iii-

5 JURISDICTIONAL STATEMENT Petitioner, Emily Hale, requests this Court to review the decision of the First District Court of Appeal in Emily Hale vs. Department of Revenue, Case No.: 1D07-193, dated December 20, This decision is within this Court s discretionary jurisdiction because it directly and expressly conflicts with the prior decision of this Court. STATEMENT OF CASE AND FACTS On August 18, 1997, the Department sent a letter to the Hales and requested certain records regarding their apartment rental business, so that these records could be examined by the Department. The Hales refused to provide the requested books and records, and on or about February 12, 1998, brought an action to oppose the disclosure of business records to the Department. In their Complaint, the Hales asserted they were not subject to tax and audit pursuant to Chapter 212, Florida Statutes, and that the Department by initiating a sales tax audit of the Hales business, was depriving them of their right to privacy. The Complaint sought a declaratory judgment finding the Hales were not subject to tax or audit, and also injunctive relief, both temporary and permanent, prohibiting the Department from auditing and subjecting the Hales to tax, now and in the future. The Complaint alleged that the services of an attorney had been secured and that reasonable attorney s fees were required to be 1 paid. In their prayer for relief the Hales asked to Court to award

6 reasonable attorney s fees. The Complaint did not allege that all conditions precedent to recovery of attorney s fees had been satisfied. The Department moved to transfer venue and to dismiss the Complaint for failing to state a cause of action. Following a denial of the Motion to Transfer Venue, an appeal of that Non-Final Order ensued which delayed litigation until that matter was resolved by the First District Court of Appeal in favor of the Hales. After issuance of the mandate, an Order was entered on May 24, 1999, denying the Department s Motion to Dismiss the Complaint. With the scope of the Hale s Complaint narrowed accordingly, eventually an Order was entered, by Judge Judy Pittman, granting summary final judgment in favor of the Department as to the requirements of an audit, that the sales tax exemption in Section (7), Fla. Stat., did not apply to the Hales, and that the Hales may be required to pay tax. The Hales appealed this Final Summary Judgment. In Hale vs. Dept. of Revenue, 808 So.2d 237 (Fla. 1 st DCA 2001), review denied, Dept. Of Revenue vs. Hale, 2992 Fla. Lexis 1815 (Fla. 2002), the District Court disagreed with the trial Court s legal analysis of Section (7)(a), Fla. Stat. 2 The Department sought rehearing, and being unsuccessful 6

7 thereafter filed a Petition for Writ of Certiorari to the Supreme Court, which petition was denied August 21, In September of 2002, the Hales filed their first motion for attorney s fees, styled Motion to Implement Appellate Decision and for Attorney Fees Entitlement, alleging entitlement pursuant to Sections , , , , and 57.11, Fla. Stat. The Department filed its response in opposition thereto, and since the remand necessarily required the examination of the books and records of the Hales, again moved for summary judgment as against the Complaint as plead. The Hales, too, moved for summary judgment. On April 14, 2003, Judge Michael D. Miller (now assigned to the case) continued the hearing on the Hales Motion for Attorney s Fees. The Department s Motion for Summary Judgment was denied at that time. On April 6, 2004, the Hales filed their second motion requesting attorney s fees styled Motion for Plaintiff s Entitlement to Attorney s Fees, this time alleging entitlement pursuant to Sections (13), (14), and (1)(b), Fla. Stat., and scheduled it for hearing on June 28, On June 8, 2004, the Department filed its Response to Plaintiff s Motion for Attorney Fees, a Motion to Strike Plaintiff s Demand for Attorney 3 Fees, and a Motion to Dismiss Complaint for Lack of Subject Matter Jurisdiction. 7

8 At the June 28, 2004 hearing, the Court denied the Hales Motion for Summary Judgment, determined their Motion for Entitlement to Attorney s Fees to be premature, and denied the Department s Motion to Dismiss Complaint for Lack of Subject Matter Jurisdiction. On July 8, 2004, the Hales served a copy of their Complaint on the Department of Financial Services, and on October 5, 2004, re-noticed their Motion for Entitlement to Attorney Fees for October 21, The Department re-noticed their June 8, 2004 motions for the same day. On May 11, 2005, the Hales filed a Motion to Enter Final Order. On March 14, 2006, the Hales filed their third motion requesting attorney s fees, in a motion styled Motion to Enter Final Order Determining Prevailing Party and Renewed Motion for Attorney Fees, and Motion for Summary Judgment. At the June 16, 2006 hearing, the trial court set the matter or a non-jury trial, to begin September 14, At the same time, the Court explained to counsel for the Hales, that since their demand for attorney s fees had been previously struck, until there was a new or an amended Complaint, the previous demand remained stricken. At the conclusion of the non-jury trial, the Department 4 moved for a directed verdict, which was denied, and a Final Judgment entered in favor the Hales on September 21, 2006 was entered. 8

9 Three days after the Final Judgment was filed, the Hales filed their fourth motion directed towards an award of attorney s fees, in a motion styled Plaintiff s Renewed Motion for Entitlement to Attorney Fees and Costs and Injunctive Relief, in addition to various other motions including seeking to amend the Complaint to add an additional cause of action and to establish a class, and a renewed motion to compel directed towards interrogatory responses which had been served almost three years earlier. The Department timely moved for a new trial, or in the alternative for an amendment to the Final Judgment. The Department also filed motions in opposition to the motions recently filed by the Hales. On December 1, 2006, a hearing was held before Judge Hentz McClellan, the trial judge, and, thereafter all motions, filed by either party, were denied, save for an award of costs granted to the Hales. An appeal followed. The decision was rendered on December 20, 2007 and the mandate was entered on February 19, 2008, attached as Appendix A, and Appendix B, respectively. SUMMARY OF ARGUMENT The decision of the First District Court of appeal conflicts 5 with this Court s decision in Ganz vs. HZJ, Inc., 605 So.2d 871 (Fla. 1992). The Supreme Court decision in Ganz, supra, provided it is 9

10 difficult if not impossible, for a party to plead in good faith its entitlement to attorney s fees under Section Fla. Stat., before the case is ended. ARGUMENT The decision expressly and directly conflicts with this Court s decision in Ganz vs. HZJ, Inc., supra. In Ganz, supra, this Court discussed the feasibility of complying with Section Fla. Stat., attorney s fees, prior to the completion and the case. And, this Court at page 872 held: It is expressly difficult, if not impossible, for a party to plead in good faith its entitlement to attorney s fees under Section before the case is ended. We agree with the Third District s observation in Autorico, Inc. Vs. Government Employees Insurance Co., 398 So.2d 485, (Fla. 3d DCA 1981). This Court found that notice to the Department of Insurance must be given at the commencement of the action pursuant to Section Florida Statutes (1997). This section does not require that notice be given at the commencement of the action as set forth by the District Court. The Department of Financial Services was served on July 8, 2004 and was subsequently 6 defaulted on September 14, Section , Florida Statutes (1997), was complied with, although it was not at the commencement of the action, which was not required. 10

11 The Trial Court, in its Order dated June 28, 2004, set forth that the Appellant s Motion for Attorney s Fees was premature, commenting that these issues could not be determined until after the action has been completed. This was initially consistent with Ganz, supra, but the subsequent Order and the First Distrit Court of Appeal opinion is contrary to Ganz, supra. There is a presumption that the legislature does not pass laws inconsistent with each other. In this case, the legislature did not provide that notice must be given to the Department of Insurance/Financial Services at the commencement of this action, Section , Fla. Stat. This is a judicial legislation beginning with Heridia vs. Department of Safety and Motor Vehicles, 547 So. 2d 107 (3 rd DCA 1989) followed by Goodman vs. Martin County Health Department, 786 So 2d 661 (4 th DCA 2001)and other courts including this court in this present decision. This concept is contrary to the Supreme Court. In Ganz, supra, at page 872, the Supreme Court finds: It is extremely difficult, if not impossible, for a party to plead in good faith that it is entitled to attorneys fees under Section before the case has ended. 7 The phrase at the commencement of the action initiated by Heridia, supra, and followed by Goodman, supra, is improper judicial legislation. Section Florida Statutes, is clear and 11

12 unambiguous. In The Estate of Jeffcott vs. F. E. Starnes, 186 So. 2d 80 (Fla. 2 nd DCA 1966), the court held that: Where the statute is clear and unambiguous a court should refrain form engaging in speculation as to what the legislature intended. In addition, When there is doubt as to the legislative intent or where speculation is necessary, then the doubts should be resolved against the power of the courts to supply missing words. Likewise in Hooper vs. State Road Department, 105 So. 2d 515 (Fla. 2 nd DCA 1958),the court held that: The plain meaning of a statute will not be disturbed in the absence of ambiguity or conflict. Section Florida Statutes is unambiguous. As such, the court is not allowed to add additional language to interpret the statute. The District Court in Special Disability Trust Fund, Department of Labor and Employment Security, State of Florida vs. Motor and Compressor Company and Shelby Mutual Insurance Company 46 So. 2d 224 (Fla. 1 st DCA 1984), entailed: Usually, courts in construing statute may not insert words or phrases in that statute or supply omission that to all appearances was not in mind of legislators when law was enacted; when there is doubt as to 8 legislative intent, doubts should be resolved against power of court to supply missing words. See also, Dean S. Rebich vs. Burdine s and Liberty Mutal 12

13 Insurance Company, 417 So. 2d 284 (Fla. 1 st DCA 1982). The effect of the District Court s decision is to deny Appellant Hale her due process rights, pursuant to Article I Section 9 Florida Constitution and Amendment XIV United States Constitution. CONCLUSION Petitioner, Emily Hale expressly requests that this Court will accept jurisdiction to resolve the conflict presented. CERTIFICATE OF COMPLIANCE I HEREBY CERTIFY that the Petitioner, Emily Hale, has used Courier New Point 12 type size in her Jurisdiction Brief. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing has been furnished to John Mike, Assistant Attorney General, Office of the Attorney General, PL-01, The Capitol, Revenue Litigation Section, Tallahassee, Florida by United States Mail this 10th day of March, H. Guy Green 4387 Clinton Street Marianna, Florida / Telephone 850/ Facsimile Florida Bar No.: ATTORNEY FOR PETITIONER EMILY HALE 9 SUPREME COURT OF FLORIDA EMILY HALE, Petitioner, 13

14 -vs- DCA Case No.: 1D L.T. Case No.: CA DEPARTMENT OF REVENUE, STATE OF FLORIDA, Respondent. ********************************************** PETITIONER, EMILY HALE S APPENDIX TO JURISDICTIONAL BRIEF *********************************************** H. GUY GREEN, ESQUIRE 4387 Clinton Street Marianna, Florida / Telephone 850/ Facsimile Florida Bar No.: ATTORNEY FOR PETITIONER DOCUMENT(S) INDEX TO APPENDIX Emily Hale vs. Department of Revenue, Opinion Case No.: 1D (1 st DCA, December 20, 2007)..... A 14

15 Emily Hale vs. Department of Revenue, Mandate Case No.: 1D (1 st DCA, February 19, 2008)..... B 15

IN Tl le SUPREME COURT FOR THE STATE OF FLORIDA. CASE NO. SCl3-153 L. T. CASR NOS.; 4DI J-4801, CA COCE

IN Tl le SUPREME COURT FOR THE STATE OF FLORIDA. CASE NO. SCl3-153 L. T. CASR NOS.; 4DI J-4801, CA COCE E]cctronically Filed 07/01/2013 (M:47:23 PM ET RECEIVED. 7/]/2013 l6:48:35. Thomas D. Hall. Clerk. Supreme Court IN Tl le SUPREME COURT FOR THE STATE OF FLORIDA CASE NO. SCl3-153 L. T. CASR NOS.; 4DI J-4801,

More information

IN THE SUPREME COURT OF FLORIDA CASE NO.: SC

IN THE SUPREME COURT OF FLORIDA CASE NO.: SC IN THE SUPREME COURT OF FLORIDA CASE NO.: SC07-1672 PETER SPOREA, ET AL., Petitioners, vs. CITY OF POMPANO BEACH, FLORIDA, Respondent. RESPONDENT S AMENDED ANSWER BRIEF ON JURISDICTION On Appeal from the

More information

IN THE SUPREME COURT OF FLORIDA. v. CASE NO.: SC FIRST DCA CASE NO.: 1D L.T. CASE NO.: L

IN THE SUPREME COURT OF FLORIDA. v. CASE NO.: SC FIRST DCA CASE NO.: 1D L.T. CASE NO.: L IN THE SUPREME COURT OF FLORIDA ROB BRAYSHAW, ET AL., Petitioners, v. CASE NO.: SC11-507 FIRST DCA CASE NO.: 1D09-5894 L.T. CASE NO.: 2009-1337L AGENCY FOR WORKFORCE INNOVATION, Respondent. / RESPONDENT

More information

IN THE FLORIDA SUPREME COURT CASE NO. SC WILLIAM DAVID MILLSAPS. Petitioner, MARIJA ARNJAS, Respondent.

IN THE FLORIDA SUPREME COURT CASE NO. SC WILLIAM DAVID MILLSAPS. Petitioner, MARIJA ARNJAS, Respondent. IN THE FLORIDA SUPREME COURT CASE NO. SC05-1297 WILLIAM DAVID MILLSAPS Petitioner, v. MARIJA ARNJAS, Respondent. AMENDED JURISDICTIONAL BRIEF OF PETITIONER WILLIAM DAVID MILLSAPS In propria persona 528

More information

IN THE SUPREME COURT OF FLORIDA CASE NO. Second District Court of Appeal Case Number: 2D L.T. No. 05-CA Parrot Cove Marina, LLC

IN THE SUPREME COURT OF FLORIDA CASE NO. Second District Court of Appeal Case Number: 2D L.T. No. 05-CA Parrot Cove Marina, LLC IN THE SUPREME COURT OF FLORIDA CASE NO. Second District Court of Appeal Case Number: 2D06-4582 L.T. No. 05-CA-2397 Parrot Cove Marina, LLC Petitioner, vs. Duncan Seawall Dock & Boatlift, Inc. Respondent.

More information

SUPREME COURT OF FLORIDA PETITIONER CRESCENT MIAMI CENTER, LLC S BRIEF ON JURISDICTION

SUPREME COURT OF FLORIDA PETITIONER CRESCENT MIAMI CENTER, LLC S BRIEF ON JURISDICTION SUPREME COURT OF FLORIDA CRESCENT MIAMI CENTER, LLC, vs. Petitioner, Supreme Court Case No. SC03-2063 THIRD DCA CASE NO. 02-3002 LT Case No. 00-21824 DEPARTMENT OF REVENUE, STATE OF FLORIDA, Respondent.

More information

IN THE SUPREME COURT OF FLORIDA CASE NO. SC FIRST DISTRICT CASE NO. 1D L.T. CASE NO CA WENDY HABEGGER, Petitioner, vs.

IN THE SUPREME COURT OF FLORIDA CASE NO. SC FIRST DISTRICT CASE NO. 1D L.T. CASE NO CA WENDY HABEGGER, Petitioner, vs. Filing # 11759404 Electronically Filed 03/26/2014 10:24:29 AM RECEIVED, 3/26/2014 10:28:40, John A. Tomasino, Clerk, Supreme Court IN THE SUPREME COURT OF FLORIDA CASE NO. SC13-2506 FIRST DISTRICT CASE

More information

IN THE SUPREME COURT OF FLORIDA

IN THE SUPREME COURT OF FLORIDA IN THE SUPREME COURT OF FLORIDA KEITH R. HARRIS, DC# 635563 Petitioner, vs. Case No. SC08-1367 L.T. No. 1D06-5125 THE FLORIDA PAROLE COMMISSION, Respondent. / RESPONDENT'S AMENDED BRIEF ON JURIDICTION

More information

IN THE SUPREME COURT OF FLORIDA CASE NO: SC04- EDNA DE LA PENA, Petitioner, vs. SUNSHINE BOUQUET COMPANY and HORTICA, Respondents.

IN THE SUPREME COURT OF FLORIDA CASE NO: SC04- EDNA DE LA PENA, Petitioner, vs. SUNSHINE BOUQUET COMPANY and HORTICA, Respondents. IN THE SUPREME COURT OF FLORIDA CASE NO: SC04- EDNA DE LA PENA, Petitioner, vs. SUNSHINE BOUQUET COMPANY and HORTICA, Respondents. PETITIONER S BRIEF ON JURISDICTION Richard Zaldivar, Esquire Jay M. Levy,

More information

IN THE SUPREME COURT OF FLORIDA CASE NO. SC DCA CASE NO. 3D THE STATE OF FLORIDA, Petitioner, -vs- MAXIMILIANO ROMERO, Respondent.

IN THE SUPREME COURT OF FLORIDA CASE NO. SC DCA CASE NO. 3D THE STATE OF FLORIDA, Petitioner, -vs- MAXIMILIANO ROMERO, Respondent. IN THE SUPREME COURT OF FLORIDA CASE NO. SC05-1141 DCA CASE NO. 3D03-2169 THE STATE OF FLORIDA, Petitioner, -vs- MAXIMILIANO ROMERO, Respondent. ON PETITION FOR DISCRETIONARY REVIEW FROM THE DISTRICT COURT

More information

IN THE SUPREME COURT OF FLORIDA RESPONDENT, CITY OF LARGO, ANSWER BRIEF ON JURISDICTION IN RESPONSE TO PETITIONER'S AMENDED BRIEF

IN THE SUPREME COURT OF FLORIDA RESPONDENT, CITY OF LARGO, ANSWER BRIEF ON JURISDICTION IN RESPONSE TO PETITIONER'S AMENDED BRIEF IN THE SUPREME COURT OF FLORIDA MARY KATHERINE DAY-PETRANO CASE NO. SC05-1181 L.T. 2D04-4867 Petitioner, v. PINELLAS COUNTY AND CIRCUIT COURTS OF THE SIXTH JUDICIAL CIRCUIT OF FLORIDA; STATE OF FLORIDA;

More information

SUPREME COURT OF FLORIDA JAMES LEVOY WATERS, Petitioner, SHERIFF, ESCAMBIA COUNTY FLORIDA, Respondent. CASE NO. SC

SUPREME COURT OF FLORIDA JAMES LEVOY WATERS, Petitioner, SHERIFF, ESCAMBIA COUNTY FLORIDA, Respondent. CASE NO. SC Electronically Filed 08/26/2013 04:20:02 PM ET RECEIVED, 8/26/2013 16:23:40, Thomas D. Hall, Clerk, Supreme Court SUPREME COURT OF FLORIDA JAMES LEVOY WATERS, Petitioner, v. SHERIFF, ESCAMBIA COUNTY FLORIDA,

More information

IN THE SUPREME COURT OF FLORIDA. L.T. No. 1D

IN THE SUPREME COURT OF FLORIDA. L.T. No. 1D IN THE SUPREME COURT OF FLORIDA ROBERT ANDERSON Petitioner, VS. Case No. SC07-306 L.T. No. 1D06-2486 FLORIDA PAROLE COMMISSION, Respondent. RESPONDENT'S BRIEF ON JURISDICTION On petition for discretionary

More information

SUPREME COURT OF FLORIDA. Case No. SC04- L.T. Case No. 3D CITY OF MIAMI. Petitioner. vs. SIDNEY S. WELLMAN, ET AL.

SUPREME COURT OF FLORIDA. Case No. SC04- L.T. Case No. 3D CITY OF MIAMI. Petitioner. vs. SIDNEY S. WELLMAN, ET AL. SUPREME COURT OF FLORIDA Case No. SC04- L.T. Case No. 3D01-3050 CITY OF MIAMI Petitioner vs. SIDNEY S. WELLMAN, ET AL. Respondents RESPONDENTS ANSWER BRIEF TO PETITIONER S BRIEF ON JURISDICTION ON DISCRETIONARY

More information

IN THE SUPREME COURT OF THE STATE OF FLORIDA

IN THE SUPREME COURT OF THE STATE OF FLORIDA IN THE SUPREME COURT OF THE STATE OF FLORIDA COUNTY OF ORANGE, vs. Petitioner, CASE NO.: SC04-2045 Lower Tribunal No.: 5D03-4065 RALEIGH WILSON, SR. EVELYN WILSON and RALEIGH WILSON, JR., Respondents.

More information

IN THE SUPREME COURT OF FLORIDA CASE NO. SC CHRISTINE BAUER and THOMAS BAUER, Petitioners, ONE WEST BANK, FSB, Respondent.

IN THE SUPREME COURT OF FLORIDA CASE NO. SC CHRISTINE BAUER and THOMAS BAUER, Petitioners, ONE WEST BANK, FSB, Respondent. Filing # 17071819 Electronically Filed 08/13/2014 05:11:43 PM RECEIVED, 8/13/2014 17:13:41, John A. Tomasino, Clerk, Supreme Court IN THE SUPREME COURT OF FLORIDA CASE NO. SC14-1575 CHRISTINE BAUER and

More information

IN THE FLORIDA SUPREME COURT

IN THE FLORIDA SUPREME COURT IN THE FLORIDA SUPREME COURT ORLANDO LAKE FOREST JOINT VENTURE, a Florida joint venture; ORLANDO LAKE FOREST INC., a Florida corporation; NTS MORTGAGE INCOME FUND, a Delaware corporation; OLF II CORPORATION,

More information

IN THE SUPREME COURT OF FLORIDA CASE NO. SC12- DEMARIOUS CALDWELL, Petitioner, - versus - STATE OF FLORIDA, Respondent.

IN THE SUPREME COURT OF FLORIDA CASE NO. SC12- DEMARIOUS CALDWELL, Petitioner, - versus - STATE OF FLORIDA, Respondent. IN THE SUPREME COURT OF FLORIDA CASE NO. SC12- DEMARIOUS CALDWELL, Petitioner, - versus - STATE OF FLORIDA, Respondent. ON APPEAL FROM THE FOURTH DISTRICT COURT OF APPEAL CASE NO. 4D10-3345 RESPONDENT

More information

IN THE SUPREME COURT OF THE STATE OF FLORIDA. CASE NO. SC: 4 th DCA CASE NO: 4D STATE OF FLORIDA, Petitioner, vs. SALVATORE BENNETT,

IN THE SUPREME COURT OF THE STATE OF FLORIDA. CASE NO. SC: 4 th DCA CASE NO: 4D STATE OF FLORIDA, Petitioner, vs. SALVATORE BENNETT, IN THE SUPREME COURT OF THE STATE OF FLORIDA CASE NO. SC: 4 th DCA CASE NO: 4D04-4825 STATE OF FLORIDA, Petitioner, vs. SALVATORE BENNETT, Respondent. PETITIONER'S BRIEF ON JURISDICTION CHARLES J. CRIST,

More information

IN THE SUPREME COURT OF FLORIDA. v. CASE NO. SC L.T. NO. 1D STATE OF FLORIDA,

IN THE SUPREME COURT OF FLORIDA. v. CASE NO. SC L.T. NO. 1D STATE OF FLORIDA, Filing # 11092791 Electronically Filed 03/07/2014 02:35:35 PM RECEIVED, 3/7/2014 14:38:38, John A Tomasino, Clerk, Supreme Court IN THE SUPREME COURT OF FLORIDA NOEL PLANK, Petitioner, v CASE NO SC14-414

More information

IN THE SUPREME COURT OF THE STATE OF FLORIDA TALLAHASSEE, FLORIDA

IN THE SUPREME COURT OF THE STATE OF FLORIDA TALLAHASSEE, FLORIDA IN THE SUPREME COURT OF THE STATE OF FLORIDA TALLAHASSEE, FLORIDA SUPREME COURT CASE NO.: SC11-734 THIRD DCA CASE NO. s: 3D09-3102 & 3D10-848 CIRCUIT CASE NO.: 09-25070-CA-01 UNITED AUTOMOBILE INSURANCE

More information

IN THE DISTRICT COURT OF APPEAL THIRD DISTRICT, STATE OF FLORIDA

IN THE DISTRICT COURT OF APPEAL THIRD DISTRICT, STATE OF FLORIDA IN THE DISTRICT COURT OF APPEAL THIRD DISTRICT, STATE OF FLORIDA RECEIVED, 12/21/2016 10:21 AM, Mary Cay Blanks, Third District Court of Appeal SOLO AERO CORP., a Florida corporation, vs. Petitioner, AMERICA-CV

More information

IN THE SUPREME COURT OF FLORIDA CASE NO. SC STATE OF FLORIDA, Petitioner, vs. ERIC S. SMITH, Respondent.

IN THE SUPREME COURT OF FLORIDA CASE NO. SC STATE OF FLORIDA, Petitioner, vs. ERIC S. SMITH, Respondent. IN THE SUPREME COURT OF FLORIDA CASE NO. SC07-901 STATE OF FLORIDA, Petitioner, vs. ERIC S. SMITH, Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ON PETITION FOR DISCRETIONARY

More information

IN THE SUPREME COURT OF THE STATE OF FLORIDA CASE NO. SC TIMOTHY SCOTT HARRIS, Petitioner. vs. STATE OF FLORIDA, Respondent.

IN THE SUPREME COURT OF THE STATE OF FLORIDA CASE NO. SC TIMOTHY SCOTT HARRIS, Petitioner. vs. STATE OF FLORIDA, Respondent. IN THE SUPREME COURT OF THE STATE OF FLORIDA CASE NO. SC10-1056 TIMOTHY SCOTT HARRIS, Petitioner vs. STATE OF FLORIDA, Respondent. RESPONDENT'S BRIEF ON JURISDICTION BILL McCOLLUM Attorney General Tallahassee,

More information

IN THE SUPREME COURT STATE OF FLORIDA

IN THE SUPREME COURT STATE OF FLORIDA IN THE SUPREME COURT STATE OF FLORIDA HOMER THOMAS, Plaintiff, Petitioner, CASE NO. SC04-111 LOWER CASE NO. - 4D02-3627 vs. SUBWAY RESTAURANTS, INC., Defendant, Respondent, / APPLICATION FOR DISCRETIONARY

More information

IN THE SUPREME COURT OF THE STATE OF FLORIDA. CASE NO. SC (4 th DCA 4D ) MALCOLM HOSWELL, Petitioner, vs. STATE OF FLORIDA, Respondent.

IN THE SUPREME COURT OF THE STATE OF FLORIDA. CASE NO. SC (4 th DCA 4D ) MALCOLM HOSWELL, Petitioner, vs. STATE OF FLORIDA, Respondent. IN THE SUPREME COURT OF THE STATE OF FLORIDA CASE NO. SC05-1298 (4 th DCA 4D05-1624) MALCOLM HOSWELL, Petitioner, vs. STATE OF FLORIDA, Respondent. RESPONDENT'S BRIEF ON JURISDICTION LAURA FISHER ZIBURA

More information

IN THE SUPREME COURT OF FLORIDA. S.CtCaseNo.: D.C.A. Case No.: 1D MARK ALLEN BIR. Petitioner. STATE OF FLORIDA Respondent

IN THE SUPREME COURT OF FLORIDA. S.CtCaseNo.: D.C.A. Case No.: 1D MARK ALLEN BIR. Petitioner. STATE OF FLORIDA Respondent />. A, PROVIDED TO CROSS CITY C.I. ON MAY 0 5 FOR MAI IN THE SUPREME COURT OF FLORIDA S.CtCaseNo.: D.C.A. Case No.: 1D10-6806 A \ MARK ALLEN BIR Petitioner v. STATE OF FLORIDA Respondent On Discretionary

More information

IN THE SUPREME COURT OF FLORIDA. Petitioner, v. Supreme Court Case No.: SC Lower Tribunal Case No.:

IN THE SUPREME COURT OF FLORIDA. Petitioner, v. Supreme Court Case No.: SC Lower Tribunal Case No.: IN THE SUPREME COURT OF FLORIDA JOSEPH R. REDNER, Petitioner, v. Supreme Court Case No.: SC03-1612 Lower Tribunal Case No.: 96-02652 CITY OF TAMPA, Respondent. PETITIONER S FIRST AMENDED JURISDICTIONAL

More information

IN THE SUPREME COURT OF FLORIDA CASE NO.: SC PRO-ART DENTAL LAB, INC., A Florida Corporation, Petitioner/Defendant,

IN THE SUPREME COURT OF FLORIDA CASE NO.: SC PRO-ART DENTAL LAB, INC., A Florida Corporation, Petitioner/Defendant, IN THE SUPREME COURT OF FLORIDA CASE NO.: SC07-1397 PRO-ART DENTAL LAB, INC., A Florida Corporation, Petitioner/Defendant, v. V-STRATEGIC GROUP, LLC, A Florida Corporation, Respondent/Plaintiff. An Appeal

More information

IN THE DISTRICT COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT

IN THE DISTRICT COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT IN THE DISTRICT COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT STATE FARM FIRE AND CASUALTY COMPANY, an Illinois corporation, authorized to do business in Florida, Appellant, v. CASE NO. SC04-351 GREGG A.

More information

IN THE SUPREME COURT OF FLORIDA. IN RE: ESTATE OF CASE NO. SC04- Lower Tribunal No. 2D ALVARADO KELLY,

IN THE SUPREME COURT OF FLORIDA. IN RE: ESTATE OF CASE NO. SC04- Lower Tribunal No. 2D ALVARADO KELLY, IN THE SUPREME COURT OF FLORIDA IN RE: ESTATE OF CASE NO. SC04- Lower Tribunal No. 2D03-110 ALVARADO KELLY, Deceased. / SARAH D. CUEVAS, as Personal Representative of the Estate of Alvarado Kelly, deceased

More information

ON PETITION TO INVOKE DISCRETIONARY JURISDICTION FROM FIRST DISTRICT COURT OF APPEAL OF FLORIDA CASE NUMBER: 1D

ON PETITION TO INVOKE DISCRETIONARY JURISDICTION FROM FIRST DISTRICT COURT OF APPEAL OF FLORIDA CASE NUMBER: 1D IN THE SUPREME COURT OF FLORIDA Supreme Court Building 500 South Duval Street Tallahassee, Florida 32399-1925 (850) 488-0125 August 9, 2004 Lower Tribunal Case Number: 1D02-3026 Steve Scofield, as parent

More information

CASE NO. SC L.T. CASE NO. 4D IN THE SUPREME COURT OF FLORIDA CATHERINE STANEK-COUSINS, Petitioner, STATE OF FLORIDA, Respondent.

CASE NO. SC L.T. CASE NO. 4D IN THE SUPREME COURT OF FLORIDA CATHERINE STANEK-COUSINS, Petitioner, STATE OF FLORIDA, Respondent. CASE NO. SC05-1987 L.T. CASE NO. 4D05-1129 ========================================================== IN THE SUPREME COURT OF FLORIDA CATHERINE STANEK-COUSINS, Petitioner, v. STATE OF FLORIDA, Respondent.

More information

IN THE SUPREME COURT OF FLORIDA JURISDICTIONAL BRIEF OF RESPONDENT

IN THE SUPREME COURT OF FLORIDA JURISDICTIONAL BRIEF OF RESPONDENT IN THE SUPREME COURT OF FLORIDA STATE OF FLORIDA, Petitioner, v. Case No. SC10-2418 RANDY SCOTT RIESEL, Respondent. / JURISDICTIONAL BRIEF OF RESPONDENT NANCY A. DANIELS PUBLIC DEFENDER DAVID P. GAULDIN

More information

IN THE SUPREME COURT OF FLORIDA

IN THE SUPREME COURT OF FLORIDA IN THE SUPREME COURT OF FLORIDA CASE NO.: SC04-442 Lower Tribunal No.: 4D02-101 JOHN RHAMES, DAN MATHIS, and ROBERT MARTO, vs. Petitioners, CITY OF LAUDERHILL, FLORIDA, a Municipality, Respondent. / On

More information

IN THE SUPREME COURT OF THE STATE OF FLORIDA CASE NO. SC CLEO LECROY, Petitioner, vs. STATE OF FLORIDA, Respondent.

IN THE SUPREME COURT OF THE STATE OF FLORIDA CASE NO. SC CLEO LECROY, Petitioner, vs. STATE OF FLORIDA, Respondent. IN THE SUPREME COURT OF THE STATE OF FLORIDA CASE NO. SC 07-1021 CLEO LECROY, Petitioner, vs. STATE OF FLORIDA, Respondent. RESPONDENT'S BRIEF ON JURISDICTION BILL MCCOLLUM Attorney General Tallahassee,

More information

IN THE SUPREME COURT OF FLORIDA

IN THE SUPREME COURT OF FLORIDA IN THE SUPREME COURT OF FLORIDA KEITH N. SMITH, DC# 736238 JODY C. COLVIN, DC # 115879 WILLIAM WRIGHT, DC# 046175, Petitioners, vs. Case No. SC05-776 L.T. No. 2D04-2735 THE FLORIDA PAROLE COMMISSION, Respondent.

More information

SUPREME COURT STATE OF FLORIDA TALLAHASSEE, FLORIDA

SUPREME COURT STATE OF FLORIDA TALLAHASSEE, FLORIDA SUPREME COURT STATE OF FLORIDA TALLAHASSEE, FLORIDA FRANCIS D. PETSCH, CASE NO. SC04-917 Petitioner, v. ORKIN EXTERMINATING COMPANY, INC.; ROLLINS, INC; DAVID BERNSTEIN, individually, and RICK PROTHERO,

More information

STATE OF FLORIDA, DEPARTMENT OF REVENUE TALLAHASSEE, FLORIDA INTEGRA CORPORATION, Petitioner, DOR 90-1-FOF vs. CASE NO DEPARTMENT OF REVENUE,

STATE OF FLORIDA, DEPARTMENT OF REVENUE TALLAHASSEE, FLORIDA INTEGRA CORPORATION, Petitioner, DOR 90-1-FOF vs. CASE NO DEPARTMENT OF REVENUE, STATE OF FLORIDA, DEPARTMENT OF REVENUE TALLAHASSEE, FLORIDA INTEGRA CORPORATION, Petitioner, DOR 90-1-FOF vs. CASE NO. 90-4138 DEPARTMENT OF REVENUE, Respondent. STATE OF FLORIDA DIVISION OF ADMINISTRATIVE

More information

IN THE SUPREME COURT OF FLORIDA. Case No. SC (Fourth DCA Case No. 4D )

IN THE SUPREME COURT OF FLORIDA. Case No. SC (Fourth DCA Case No. 4D ) IN THE SUPREME COURT OF FLORIDA Case No. SC11-452 (Fourth DCA Case No. 4D09-1690) MYRON ALPHESUS STANLEY, JR., Petitioner, vs. QUEST INTERNATIONAL INVESTMENT, INC., Respondent. PETITIONER S AMENDED BRIEF

More information

IN THE SUPREME COURT OF FLORIDA. CASE NO. SC Lower Tribunal No.: 3D LATAM INVESTMENTS, LLC., a Florida Liability Company, vs.

IN THE SUPREME COURT OF FLORIDA. CASE NO. SC Lower Tribunal No.: 3D LATAM INVESTMENTS, LLC., a Florida Liability Company, vs. IN THE SUPREME COURT OF FLORIDA CASE NO. SC11-2245 Lower Tribunal No.: 3D10-3042 LATAM INVESTMENTS, LLC., a Florida Liability Company, vs. Petitioner, HOLLAND & KNIGHT, LLP., ET. AL. Respondent. PETITIONER

More information

IN THE SUPREME COURT OF FLORIDA CASE NO. 73,780 THE STATE OF FLORIDA, Petitioner, vs. ROBERTO PASTOR, Respondent. ...

IN THE SUPREME COURT OF FLORIDA CASE NO. 73,780 THE STATE OF FLORIDA, Petitioner, vs. ROBERTO PASTOR, Respondent. ... IN THE SUPREME COURT OF FLORIDA CASE NO. 73,780 THE STATE OF FLORIDA, 'a Petitioner, vs. ROBERTO PASTOR, Respondent.... ON PETITION FOR DISCRETIONARY REVIEW... INITIAL BRIEF OF PETITIONER ROBERT A. BUTTERWORTH

More information

IN THE SUPREME COURT OF FLORIDA. Petitioner, FSC CASE NO.: SC DCA CASE NO.: 2D

IN THE SUPREME COURT OF FLORIDA. Petitioner, FSC CASE NO.: SC DCA CASE NO.: 2D IN THE SUPREME COURT OF FLORIDA SUNSET COVE INVESTMENTS, INC., Petitioner, FSC CASE NO.: SC08-709 DCA CASE NO.: 2D07-1598 BENITO G. SANTIAGO, Respondent. / ON PETITION FOR DISCRETIONARY REVIEW FROM THE

More information

IN THE SUPREME COURT OF THE STATE OF FLORIDA CASE NO. SC TYRA WILLIAMS, Petitioner, vs. STATE OF FLORIDA, Respondent.

IN THE SUPREME COURT OF THE STATE OF FLORIDA CASE NO. SC TYRA WILLIAMS, Petitioner, vs. STATE OF FLORIDA, Respondent. IN THE SUPREME COURT OF THE STATE OF FLORIDA CASE NO. SC 12-655 TYRA WILLIAMS, Petitioner, vs. STATE OF FLORIDA, Respondent. RESPONDENT'S BRIEF ON JURISDICTION PAMELA JO BONDI Attorney General Tallahassee,

More information

IN THE SUPREME COURT STATE OF FLORIDA. Case No. SC BETTY JEAN MANN, Petitioner,

IN THE SUPREME COURT STATE OF FLORIDA. Case No. SC BETTY JEAN MANN, Petitioner, IN THE SUPREME COURT STATE OF FLORIDA Case No. SC02-2646 BETTY JEAN MANN, Petitioner, v. BOARD OF COUNTY COMMISSIONERS OF ORANGE COUNTY, FLORIDA and ORANGE COUNTY PUBLIC SCHOOLS Respondents. PETITIONER

More information

CASE NO. SC ( ~ JURISDICTIONAL BRIEF

CASE NO. SC ( ~ JURISDICTIONAL BRIEF IN THE SUPREME COURT FOR CASE NO. SC ( ~ ATE OF FLORIDA L. T. CASE NO. 4D12-570 PALM BEACH MARKETPLACE, LLC, Petitioner, ALEYDA'S MEXICAN RESTAURANTE, INC., Respondent. JURISDICTIONAL BRIEF Jennifer S.

More information

IN THE SUPREME COURT OF FLORIDA

IN THE SUPREME COURT OF FLORIDA IN THE SUPREME COURT OF FLORIDA CARLOS VALDES v. Petitioner, SC Case: SC04-199 First DCA Case: 1D02-4026 INTEGRATED ADMINISTRATORS and WAL-MART STORE #6020, Respondent. / On discretionary review from the

More information

IN THE SUPREME COURT OF THE STATE OF FLORIDA

IN THE SUPREME COURT OF THE STATE OF FLORIDA IN THE SUPREME COURT OF THE STATE OF FLORIDA CITY OF KEY WEST, vs. Defendant/Petitioner Case No. SC12-898 FLORIDA KEYS COMMUNITY COLLEGE, Plaintiff/Respondent. JURISDICTIONAL BRIEF OF RESPONDENT, FLORIDA

More information

IN THE SUPREME COURT OF THE STATE OF FLORIDA. Case No. SC04-156

IN THE SUPREME COURT OF THE STATE OF FLORIDA. Case No. SC04-156 IN THE SUPREME COURT OF THE STATE OF FLORIDA Case No. SC04-156 Petition for Discretionary Review of A Decision of the District Court of Appeal of Florida First District Florida Unemployment Appeals Commission,

More information

SUPREME COURT OF FLORIDA

SUPREME COURT OF FLORIDA IN THE SUPREME COURT OF FLORIDA DANIEL L. MURRAY & JAMES L. BRINK, Petitioners, v. District Court Case No. 5D10-1376 STATE OF FLORIDA, Respondent. JURISDICTIONAL BRIEF OF PETITIONERS J. BRIAN PAGE Florida

More information

IN THE SUPREME COURT OF THE STATE OF FLORIDA Case Number: SC RESPONDENT S JURISDICTIONAL BRIEF

IN THE SUPREME COURT OF THE STATE OF FLORIDA Case Number: SC RESPONDENT S JURISDICTIONAL BRIEF IN THE SUPREME COURT OF THE STATE OF FLORIDA Case Number: SC09-1722 Westgate Tabernacle Petitioners, vs. 4 th DCA CASE No. 4D07-3792 PALM BEACH COUNTY, Respondent. RESPONDENT S JURISDICTIONAL BRIEF Robert

More information

IN THE SUPREME COURT OF THE STATE OF FLORIDA. v. CASE NO. SC L.T. No.: CA 13

IN THE SUPREME COURT OF THE STATE OF FLORIDA. v. CASE NO. SC L.T. No.: CA 13 IN THE SUPREME COURT OF THE STATE OF FLORIDA BEATRICE HURST, as Personal Representative of the Estate of KENNETH HURST, Petitioner, v. CASE NO. SC07-722 L.T. No.:04-24071 CA 13 DAIMLERCHRYSLER CORPORATION,

More information

IN THE SUPREME COURT OF FLORIDA. Petitioner, CASE NO. SC06-85 ON REVIEW FROM THE FIRST DISTRICT COURT OF APPEAL

IN THE SUPREME COURT OF FLORIDA. Petitioner, CASE NO. SC06-85 ON REVIEW FROM THE FIRST DISTRICT COURT OF APPEAL IN THE SUPREME COURT OF FLORIDA RUBY L. SCHMIGEL, vs. Petitioner, CASE NO. SC06-85 CUMBIE CONCRETE COMPANY, Respondent. / ON REVIEW FROM THE FIRST DISTRICT COURT OF APPEAL PETITIONER=S BRIEF ON JURISDICTION

More information

IN THE SUPREME COURT OF FLORIDA. v. Case No. SC- IAN MANUEL L.T. No. 2D ON PETITION FOR REVIEW FROM THE SECOND DISTRICT COURT OF APPEAL

IN THE SUPREME COURT OF FLORIDA. v. Case No. SC- IAN MANUEL L.T. No. 2D ON PETITION FOR REVIEW FROM THE SECOND DISTRICT COURT OF APPEAL IN THE SUPREME COURT OF FLORIDA STATE OF FLORIDA, Petitioner, v. Case No. SC- IAN MANUEL L.T. No. 2D08-3494 Respondent. ON PETITION FOR REVIEW FROM THE SECOND DISTRICT COURT OF APPEAL STATE OF FLORIDA

More information

IN THE SUPREME COURT OF FLORIDA. Petitioner, CASE NO. SC JURISDICTIONAL BRIEF OF RESPONDENT

IN THE SUPREME COURT OF FLORIDA. Petitioner, CASE NO. SC JURISDICTIONAL BRIEF OF RESPONDENT IN THE SUPREME COURT OF FLORIDA KENNETH JENKINS, v. Petitioner, CASE NO. SC04-2088 STATE OF FLORIDA, Respondent. JURISDICTIONAL BRIEF OF RESPONDENT CHARLES J. CRIST, JR. ATTORNEY GENERAL ROBERT R. WHEELER

More information

IN THE SUPREME COURT OF FLORIDA. Petitioner, CASE NO. SC JURISDICTIONAL BRIEF OF RESPONDENT

IN THE SUPREME COURT OF FLORIDA. Petitioner, CASE NO. SC JURISDICTIONAL BRIEF OF RESPONDENT IN THE SUPREME COURT OF FLORIDA JESSE JAMES HURRY, v. Petitioner, CASE NO. SC09-980 STATE OF FLORIDA, Respondent. JURISDICTIONAL BRIEF OF RESPONDENT BILL MCCOLLUM ATTORNEY GENERAL TRISHA MEGGS PATE TALLAHASSEE

More information

IN THE SUPREME COURT OF THE STATE OF FLORIDA CASE NO. SC WILLIE L. CLARK, Petitioner, vs. STATE OF FLORIDA, Respondent.

IN THE SUPREME COURT OF THE STATE OF FLORIDA CASE NO. SC WILLIE L. CLARK, Petitioner, vs. STATE OF FLORIDA, Respondent. IN THE SUPREME COURT OF THE STATE OF FLORIDA CASE NO. SC05-1248 WILLIE L. CLARK, Petitioner, vs. STATE OF FLORIDA, Respondent. RESPONDENT'S AMENDED BRIEF ON JURISDICTION CHARLES J. CRIST, JR Attorney General

More information

IN THE SUPREME COURT OF FLORIDA

IN THE SUPREME COURT OF FLORIDA IN THE SUPREME COURT OF FLORIDA GEORGE GREEN, Petitioner/Appellant, vs. F.S.Ct. CASE NO. 4 TH DCA CASE NO. 4D05-2009 STATE OF FLORIDA, 4D05-2247 Respondent/Appellee. PETITIONER S BRIEF ON DISCRETIONARY

More information

IN THE SUPREME COURT STATE OF FLORIDA. v. CASE NO.: SC

IN THE SUPREME COURT STATE OF FLORIDA. v. CASE NO.: SC IN THE SUPREME COURT STATE OF FLORIDA ROBERT J. CROUCH, Petitioner, v. CASE NO.: SC 05 2140 THE PUBLIC SERVICE COMMISSION, STATE OF FLORIDA, Respondent. / RESPONDENT S BRIEF ON JURISDICTION Harold R. Mardenborough,

More information

IN THE SUPREME COURT OF FLORIDA. Petitioner, Case No. SC JURISDICTIONAL BRIEF OF RESPONDENT

IN THE SUPREME COURT OF FLORIDA. Petitioner, Case No. SC JURISDICTIONAL BRIEF OF RESPONDENT IN THE SUPREME COURT OF FLORIDA VERNON GOINS, v. Petitioner, Case No. SC06-356 STATE OF FLORIDA, Respondent. JURISDICTIONAL BRIEF OF RESPONDENT CHARLES J. CRIST, JR. ATTORNEY GENERAL ROBERT R. WHEELER

More information

IN THE SUPREME COURT OF FLORIDA CASE NO. SC DCA CASE NO. 3D VINCENT MARGIOTTI. Petitioner, -vs- STATE OF FLORIDA, Respondent.

IN THE SUPREME COURT OF FLORIDA CASE NO. SC DCA CASE NO. 3D VINCENT MARGIOTTI. Petitioner, -vs- STATE OF FLORIDA, Respondent. IN THE SUPREME COURT OF FLORIDA CASE NO. SC03-2290 DCA CASE NO. 3D02-2862 VINCENT MARGIOTTI Petitioner, -vs- STATE OF FLORIDA, Respondent. ON PETITION FOR DISCRETIONARY REVIEW FROM THE DISTRICT COURT OF

More information

IN THE SUPREME COURT OF FLORIDA. Petitioner, Case No. SC JURISDICTIONAL BRIEF OF RESPONDENT PAMELA JO BONDI ATTORNEY GENERAL

IN THE SUPREME COURT OF FLORIDA. Petitioner, Case No. SC JURISDICTIONAL BRIEF OF RESPONDENT PAMELA JO BONDI ATTORNEY GENERAL Electronically Filed 06/27/2013 12:18:58 PM ET RECEIVED, 6/27/2013 12:23:39, Thomas D. Hall, Clerk, Supreme Court IN THE SUPREME COURT OF FLORIDA JOHNNIE LEE REMBERT, v. Petitioner, Case No. SC13-1125

More information

IN THE SUPREME COURT OF FLORIDA JURISDICTIONAL BRIEF OF RESPONDENT

IN THE SUPREME COURT OF FLORIDA JURISDICTIONAL BRIEF OF RESPONDENT IN THE SUPREME COURT OF FLORIDA WILLIAM MURPHY ALLEN JR., v. Petitioner, STATE OF FLORIDA, CASE NO. SC06-1644 L.T. CASE NO. 1D04-4578 Respondent. JURISDICTIONAL BRIEF OF RESPONDENT CHARLES J. CRIST, JR.

More information

IN THE SUPREME COURT OF FLORIDA CASE NO.: SC LOWER TRIBUNAL CASE NO.: 4D

IN THE SUPREME COURT OF FLORIDA CASE NO.: SC LOWER TRIBUNAL CASE NO.: 4D IN THE SUPREME COURT OF FLORIDA CASE NO.: SC06-2349 LOWER TRIBUNAL CASE NO.: 4D05-3911 THOMAS D. LARDIN, P.A., a Florida Professional Association and THOMAS D. LARDIN, ESQUIRE, Defendant/Petitioners, v.

More information

IN THE SUPREME COURT OF FLORIDA CASE NO.: SC11- THIRD DISTRICT CASE NO.: 3D UNITED AUTOMOBILE INSURANCE COMPANY a Florida Corporation,

IN THE SUPREME COURT OF FLORIDA CASE NO.: SC11- THIRD DISTRICT CASE NO.: 3D UNITED AUTOMOBILE INSURANCE COMPANY a Florida Corporation, IN THE SUPREME COURT OF FLORIDA CASE NO.: SC11- THIRD DISTRICT CASE NO.: 3D10-108 UNITED AUTOMOBILE INSURANCE COMPANY a Florida Corporation, Petitioner, -v- KENDALL SOUTH MEDICAL CENTER INC., & DAILYN

More information

IN THE SUPREME COURT OF FLORIDA

IN THE SUPREME COURT OF FLORIDA IN THE SUPREME COURT OF FLORIDA WILLIAM E. WILLIAMSON, v. Petitioner, Case No. SC08-2192 STATE OF FLORIDA, Respondent. / JURISDICTIONAL BRIEF OF RESPONDENT BILL MCCOLLUM ATTORNEY GENERAL TRISHA MEGGS PATE

More information

SUPREME COURT OF FLORIDA. Case No. SC

SUPREME COURT OF FLORIDA. Case No. SC SUPREME COURT OF FLORIDA Case No. SC05-1586 BRUCE BERNSTEIN, Petitioner, vs. HARVEY GOLDMAN, Respondent, PETITIONER'S BRIEF ON JURISDICTION Petition to Review Decision of the Fourth District Court of Appeal

More information

IN THE SUPREME COURT STATE OF FLORIDA LAURA RUIMY, Appellant/Plaintiff/Petitioner, vs. FLOR N. BEAL, ALEX RENE BIAL a/k/a ALEX RENE BEAL,

IN THE SUPREME COURT STATE OF FLORIDA LAURA RUIMY, Appellant/Plaintiff/Petitioner, vs. FLOR N. BEAL, ALEX RENE BIAL a/k/a ALEX RENE BEAL, IN THE SUPREME COURT STATE OF FLORIDA LAURA RUIMY, Appellant/Plaintiff/Petitioner, vs. FLOR N. BEAL, ALEX RENE BIAL a/k/a ALEX RENE BEAL, Appellee/Defendant/Respondent. SUPREME COURT CASE NO.: 09-428 3

More information

IN THE SUPREME COURT OF FLORIDA

IN THE SUPREME COURT OF FLORIDA IN THE SUPREME COURT OF FLORIDA DAVID M. POLEN, v. ROSA POLEN, Petitioner, Respondent. / CASE NO. SC06-1226 4 TH DCA CASE NO. 4D06-1002 AMENDED ANSWER BRIEF ON JURISDICTION Respectfully submitted, JOEL

More information

Petitioner, Respondent.

Petitioner, Respondent. IN THE SUPREME COURT OF THE STATE OF FLORI l3 FEB 8 p CASE NO. SC12-1315 gy (4'h DCA 4D10-4525) NYKA O' CONNOR, Petitioner, Vs. STATE OF FLORIDA, Respondent. RESPONDENT'S BRIEF ON JURISDICTION PAMELA JO

More information

IN THE SUPREME COURT OF FLORIDA. v. CASE NO. SC On Discretionary Review From the District Court of Appeal First District of Florida

IN THE SUPREME COURT OF FLORIDA. v. CASE NO. SC On Discretionary Review From the District Court of Appeal First District of Florida IN THE SUPREME COURT OF FLORIDA MICHAEL JOHN SIMMONS, Petitioner, v. CASE NO. SC04-2375 STATE OF FLORIDA, Respondent. / On Discretionary Review From the District Court of Appeal First District of Florida

More information

THE SUPREME COURT OF FLORIDA

THE SUPREME COURT OF FLORIDA THE SUPREME COURT OF FLORIDA KAYREN P. JOST, as Personal ) Representative of the Estate of Arthur Myers, Deceased ) Case Number: On Appeal from the Second Petitioner/Plaintiff, ) District Court of Appeal

More information

SUPREME COURT OF FLORIDA RESPONDENTS JURISDICTIONAL BRIEF

SUPREME COURT OF FLORIDA RESPONDENTS JURISDICTIONAL BRIEF SUPREME COURT OF FLORIDA CASE NO. SC05-1649 MERCURY INSURANCE COMPANY OF FLORIDA, Petitioner, vs. ASHLEY COATNEY, etc., et al., Respondents. ON REVIEW FROM THE DISTRICT COURT OF APPEAL, FIRST DISTRICT

More information

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM v. Case No. 5D10-869

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM v. Case No. 5D10-869 IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2011 JOHNNY CRUZ CONTRERAS, Petitioner, v. Case No. 5D10-869 21ST CENTURY INSURANCE COMPANY, ETC., Respondent. / Opinion

More information

IN THE SUPREME COURT OF FLORIDA NO:SC STEVE LYNCH, Petitioner, 477 DCA CASE NO: 3D1-61 Vs. L.T. CASE NO: C

IN THE SUPREME COURT OF FLORIDA NO:SC STEVE LYNCH, Petitioner, 477 DCA CASE NO: 3D1-61 Vs. L.T. CASE NO: C .t ON cro G IN THE SUPREME COURT OF FLORIDA Joy., P, SC NO:SC14-2065 STEVE LYNCH, Sy Petitioner, 477 DCA CASE NO: 3D1-61 Vs. L.T. CASE NO: 01-368-C HON. PAM BONDI-ATTORNEY GENERAL STATE OF FLORIDA, et

More information

IN THE SUPREME COURT OF FLORIDA

IN THE SUPREME COURT OF FLORIDA IN THE SUPREME COURT OF FLORIDA Jerome S. Rydell and Dale E. Krueger, individually and derivatively, on behalf of the shareholders of Surf Tech International, Inc., and Sigma Financial Corporation, a Michigan

More information

SUPREME COURT OF FLORIDA

SUPREME COURT OF FLORIDA SUPREME COURT OF FLORIDA MATINNAZ CONSTRUCTION, INC., vs. Petitioner/Appellee, DIAMOND REGAL DEVELOPMENT, INC., Case No.: SC09-4786 L.T. Case No.: 1D07-4786/ 1D07-5580 Respondent/Appellant. / ON REVIEW

More information

IN THE SUPREME COURT OF FLORIDA. CONSTRUCTION INC., a Florida corporation, L.T. No. 4D07-391

IN THE SUPREME COURT OF FLORIDA. CONSTRUCTION INC., a Florida corporation, L.T. No. 4D07-391 IN THE SUPREME COURT OF FLORIDA PADULA & WADSWORTH CASE NO. SC08-1558 CONSTRUCTION INC., a Florida corporation, L.T. No. 4D07-391 Petitioner, v. PORT-A-WELD, INC., a Florida corporation, Respondent. ON

More information

IN THE SUPREME COURT OF FLORIDA. Case No. SC MARK TETZLAFF Petitioner, vs. FLORIDA UNEMPLOYMENT APPEALS COMM N Respondent.

IN THE SUPREME COURT OF FLORIDA. Case No. SC MARK TETZLAFF Petitioner, vs. FLORIDA UNEMPLOYMENT APPEALS COMM N Respondent. IN THE SUPREME COURT OF FLORIDA Case No. SC-04-591 MARK TETZLAFF Petitioner, vs. FLORIDA UNEMPLOYMENT APPEALS COMM N Respondent. ON PETITION FOR DISCRETIONARY REVIEW FROM THE DISTRICT COURT OF APPEAL OF

More information

Supreme Court of Florida

Supreme Court of Florida Supreme Court of Florida 89,005 AMENDMENT TO FLORIDA RULE OF APPELLATE PROCEDURE 9.020(a) AND ADOPTION OF FLORIDA RULE OF APPELLATE PROCEDURE 9.190. [September 27, 1996] PER CURIAM. The Appellate Rules

More information

IN THE SUPREME COURT OF FLORIDA L.T. CASE NO. 2D ROBERT RODRIGUEZ-CAYRO. Petitioner, STATE OF FLORIDA, Respondent.

IN THE SUPREME COURT OF FLORIDA L.T. CASE NO. 2D ROBERT RODRIGUEZ-CAYRO. Petitioner, STATE OF FLORIDA, Respondent. IN THE SUPREME COURT OF FLORIDA L.T. CASE NO. 2D02-625 ROBERT RODRIGUEZ-CAYRO Petitioner, v. STATE OF FLORIDA, Respondent. BRIEF ON JURISDICTION OF ROBERT RODRIGUEZ-CAYRO ON PETITION INVOKING DISCRETIONARY

More information

IN THE SUPREME COURT OF FLORIDA

IN THE SUPREME COURT OF FLORIDA IN THE SUPREME COURT OF FLORIDA IN RE FORFEITURE OF: ONE 1988 LINCOLN TOWN CAR, VIN 1LNBM81F8JY612959 AND ONE 1986 LINCOLN TOWN CAR, VIN 1LNBP96F7GY660841 JOSEPH T. DEGREGORIO, Petitioner, vs. WILLIAM

More information

IN THE SUPREME COURT OF FLORIDA CASE NO. SC JOSE VALDES and JUANA VALDES, his wife, Petitioners, vs.

IN THE SUPREME COURT OF FLORIDA CASE NO. SC JOSE VALDES and JUANA VALDES, his wife, Petitioners, vs. IN THE SUPREME COURT OF FLORIDA CASE NO. SC06-971 JOSE VALDES and JUANA VALDES, his wife, Petitioners, vs. GAB ROBINS NORTH AMERICA, INC., SOUTHERN UNDERWRITERS, INC., CAPITAL ASSURANCE SERVICES, INC.,

More information

IN THE SUPREME COURT OF FLORIDA. Petitioner, CASE NO. SC ON REVIEW FROM THE FIRST DISTRICT COURT OF APPEAL

IN THE SUPREME COURT OF FLORIDA. Petitioner, CASE NO. SC ON REVIEW FROM THE FIRST DISTRICT COURT OF APPEAL IN THE SUPREME COURT OF FLORIDA ROBERT J. CROUCH, vs. Petitioner, CASE NO. SC 05 2140 THE PUBLIC SERVICE COMMISSION, STATE OF FLORIDA, Respondent. / ON REVIEW FROM THE FIRST DISTRICT COURT OF APPEAL PETITIONER=S

More information

Appellants, CASE NO.: CVA v. Lower Court Case No.: 2007-CC-3656

Appellants, CASE NO.: CVA v. Lower Court Case No.: 2007-CC-3656 IN THE CIRCUIT COURT FOR THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA SYBIL and CLEVELAND DAVIS, Appellants, CASE NO.: CVA1 07-59 v. Lower Court Case No.: 2007-CC-3656 DE ALBANY CONSTRUCTION

More information

IN THE SUPREME COURT OF FLORIDA Case No. SC Fifth DCA Case No. 5D th Judicial Circuit Case No. 06-CA-1003 and 06-CA-8702

IN THE SUPREME COURT OF FLORIDA Case No. SC Fifth DCA Case No. 5D th Judicial Circuit Case No. 06-CA-1003 and 06-CA-8702 IN THE SUPREME COURT OF FLORIDA Case No. SC10-1892 Fifth DCA Case No. 5D09-1761 9 th Judicial Circuit Case No. 06-CA-1003 and 06-CA-8702 Upon Petition for Discretionary Jurisdiction Review Of A Decision

More information

SUPREME COURT STATE OF FLORIDA

SUPREME COURT STATE OF FLORIDA SUPREME COURT STATE OF FLORIDA DONALD M. MACLEOD AND KIM MACLEOD, Petitioners, v. CASE NO. SC08-825 L.T. No. 1D07-1770 ORIX FINANCIAL SERVICES, INC., f/k/a ORIX CREDIT ALLIANCE, INC., Respondent. / JURISDICTIONAL

More information

IN THE SUPREME COURT OF FLORIDA TALLAHASSEE, FLORIDA RESPONDENT HENRY ANDREW HACSI S BRIEF ON JURISDICTION

IN THE SUPREME COURT OF FLORIDA TALLAHASSEE, FLORIDA RESPONDENT HENRY ANDREW HACSI S BRIEF ON JURISDICTION IN THE SUPREME COURT OF FLORIDA TALLAHASSEE, FLORIDA CYNTHIA MARTIN, vs. Petitioner, HENRY ANDREW HACSI, CASE NO.: SC05-1857 L.T. Case No.: 5D04-2807 Respondent. / RESPONDENT HENRY ANDREW HACSI S BRIEF

More information

WRIT NO.: FINAL ORDER GRANTING PETITION FOR WRIT OF CERTIORARI. Petitioner Dean Tasman ( Tasman ) timely petitions this Court for a Writ of

WRIT NO.: FINAL ORDER GRANTING PETITION FOR WRIT OF CERTIORARI. Petitioner Dean Tasman ( Tasman ) timely petitions this Court for a Writ of IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA DEAN TASMAN Petitioner, CASE NO.: 2006-CA-4542-O WRIT NO.: 06-45 v. ORANGE COUNTY, FLORIDA Respondents. / Petition

More information

IN THE SUPREME COURT OF FLORIDA. DAPHNE ELAINE HENSON, Florida Second District Court of Appeal Case Appellee. Number: 2D /

IN THE SUPREME COURT OF FLORIDA. DAPHNE ELAINE HENSON, Florida Second District Court of Appeal Case Appellee. Number: 2D / IN THE SUPREME COURT OF FLORIDA DOUGLAS LEE HENSON Appellant, Case Nos. SC06-1003 v. DAPHNE ELAINE HENSON, Florida Second District Court of Appeal Case Appellee. Number: 2D06-826 / APPELLEE'S BRIEF ON

More information

IN THE SUPREME COURT STATE OF FLORIDA CASE NO. SC PRO-ART DENTAL LAB, INC. Petitioner, V-STRATEGIC GROUP, LLC. Respondent.

IN THE SUPREME COURT STATE OF FLORIDA CASE NO. SC PRO-ART DENTAL LAB, INC. Petitioner, V-STRATEGIC GROUP, LLC. Respondent. IN THE SUPREME COURT STATE OF FLORIDA CASE NO. SC07-1397 PRO-ART DENTAL LAB, INC. Petitioner, v. V-STRATEGIC GROUP, LLC Respondent. PETITIONER S REPLY BRIEF ON THE MERITS David H. Charlip, Esq. Florida

More information

IN THE SUPREME COURT OF FLORIDA

IN THE SUPREME COURT OF FLORIDA IN THE SUPREME COURT OF FLORIDA TALLAHASSEE, FLORIDA 2 5 AN 0 23 SHANDALYN SANDERS, as Personal Representative of the Estates of CLARA --- SANDERS, deceased, and CHAUNCEY SANDERS, deceased, Petitioner,

More information

IN THE CIRCUIT COURT FOR THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR ST LUCIE COUNTY, FLORIDA. APPELLATE DIVISION

IN THE CIRCUIT COURT FOR THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR ST LUCIE COUNTY, FLORIDA. APPELLATE DIVISION IN THE CIRCUIT COURT FOR THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR ST LUCIE COUNTY, FLORIDA. APPELLATE DIVISION Circuit Case No. 17-AP-37 Petition for Writ of Certiorari EDWARD KACZMARSKI, Petitioner,

More information

IN THE SUPREME COURT OF FLORIDA VS. : CAS-E NO. SC (1D ) STATE OF FLORIDA,

IN THE SUPREME COURT OF FLORIDA VS. : CAS-E NO. SC (1D ) STATE OF FLORIDA, Filing # 18257114 Electronically Filed 09/15/2014 09:21:41 PM RECEIVED, 9/15/2014 21:24:04, John A. Tomasino, Clerk, Supreme Court IN THE SUPREME COURT OF FLORIDA JOSEPH A. WILLIAMS JR., : Petitioner,

More information

IN THE SUPREME COURT FOR THE STATE OF FLORIDA. vs. L.T. No. 2D06-536

IN THE SUPREME COURT FOR THE STATE OF FLORIDA. vs. L.T. No. 2D06-536 IN THE SUPREME COURT FOR THE STATE OF FLORIDA JAMES MARION MOORMAN, as attorney for, and next friend of, L.A., a Child, and JAMES CALVIN INGRAM, Petitioners, CASE NO.: SC07-856 vs. L.T. No. 2D06-536 JANIE

More information

IN THE SUPREME COURT OF FLORIDA CASE NO. SC IN RE: THE ESTATE OF MARY T. OSCEOLA, Petitioners, vs. PETTIES OSCEOLA, SR.

IN THE SUPREME COURT OF FLORIDA CASE NO. SC IN RE: THE ESTATE OF MARY T. OSCEOLA, Petitioners, vs. PETTIES OSCEOLA, SR. IN THE SUPREME COURT OF FLORIDA CASE NO. SC04-4059 IN RE: THE ESTATE OF MARY T. OSCEOLA, Petitioners, vs. PETTIES OSCEOLA, SR., Respondent APPEAL FROM THE DISTRICT COURT OF APPEAL OF FLORIDA, THIRD DISTRICT

More information

IN THE SUPREME COURT OF APPEAL OF FLORIDA

IN THE SUPREME COURT OF APPEAL OF FLORIDA Filing # 9951877 Electronically Filed 02/05/2014 04:38:43 PM RECEIVED, 2/5/2014 16:43:37, John A. Tomasino, Clerk, Supreme Court IN THE SUPREME COURT OF APPEAL OF FLORIDA CASE NO.: SC13-1080 L.T. NO.:

More information

IN THE SUPREME COURT OF FLORIDA

IN THE SUPREME COURT OF FLORIDA IN THE SUPREME COURT OF FLORIDA STERLING R. LANIER, JR. v. Petitioner, Case No. SC08-19 STATE OF FLORIDA, Respondent. / AMENDED JURISDICTIONAL BRIEF OF RESPONDENT BILL MCCOLLUM ATTORNEY GENERAL TRISHA

More information

IN THE SUPREME COURT OF FLORIDA. Petitioner, CASE NO. 92,885 RESPONDENT'S ANSWER BRIEF ON THE MERITS

IN THE SUPREME COURT OF FLORIDA. Petitioner, CASE NO. 92,885 RESPONDENT'S ANSWER BRIEF ON THE MERITS IN THE SUPREME COURT OF FLORIDA JOHN WESLEY HENDERSON, v. Petitioner, CASE NO. 92,885 STATE OF FLORIDA, Respondent. RESPONDENT'S ANSWER BRIEF ON THE MERITS ROBERT A. BUTTERWORTH ATTORNEY GENERAL JAMES

More information

IN THE SUPREME COURT OF FLORIDA APPEAL FROM THE THIRD DISTRICT COURT OF APPEALS PETITIONER S JURISDICTIONAL BRIEF

IN THE SUPREME COURT OF FLORIDA APPEAL FROM THE THIRD DISTRICT COURT OF APPEALS PETITIONER S JURISDICTIONAL BRIEF IN THE SUPREME COURT OF FLORIDA CORAL BAY SECTION C HOMEOWNERS ASSOCIATION, Petitioner. Case No.: 3D07-2315 MIAMI-DADE COUNTY Respondent Lower Tribunal Case No.: 2007-5354-CA-01 APPEAL FROM THE THIRD DISTRICT

More information