DATE

ACTION

08/06/08

Final Order rendered by ALJ Eleanor M. Hunter (signed & filed)

09/05/08

Notice of Appeal & Filing Fee timely filed with DOAH & 1st DCA (Appeal from Final Agency Order), § 120.565, F.S., Fla. R. App. P. 9.190(b)(1), 9.110(c).

09/08/08

First DCA issued receipt, case no. & docketing statement for completion by Appellant.

09/29/08

Appellants’ Docketing Statement Filed (due no later than 20 days from issuance of 1st DCA A&R)

ASAP, but no later than 12/4/08

Appellee’s Docketing Statement Due (ASAP after Appellants’ DS is served, but no later than AB)

10/15/08

Agency Issued Index to the Record on Appeal (by 50 days from NOA), R. 9.110(e)

Any time by parties’ stip. or leave of lower tribunal before record is transmitted

Correcting or Supplementing Record, R. 9.200(f); But see R. 9.190(c)(1)

12/5/08

Appellants’ Initial Brief Filed/Served (70 days from NOA), R. 9.110(f), and 11/20/08 Order granting motion for extension to 12/5/08.

12/10/08

Record Transmittal Accomplished (no later than 110 days from NOA), R. 9.110(e)

Any time by parties’ stip. or leave of DCA after record is transmitted

Correcting or Supplementing Record, R. 9.200(f); But see R. 9.190(c)(1)

12/15/08

Motion to File Amicus Brief & Extension of Time to Serve Docketed, R. 9.370 (leave of DCA required; file within 5 days of supported brief, absent DCA order granting extension) – NOT TOLLING

12/19/08

Amicus Brief Filed (accepted by DCA Jan. 6, 2009 Order)

1/16/09

Answer Brief to Moreland's Initial Brief served by US Mail, R. 9.210(c) & (f), R. 9.420(e) & 1/15/09 DCA Order granting Ext. to 1/16/09

1/26/09

Appellee's Answer Brief to BOTH the Initial Brief and Amicus Brief Due, by DCA Order 1/20/09

1/26/09

Appellee’s Motion for Oral Argument Due, R. 9.320 (request by separate document served no later than last brief of moving party)

3/23/09

Appellants’ Reply Brief Filed/Served (20 days from service of AB + 5 days for service by US Mail), R. 9.210(f)

3/23/09

Motion for Attorney’s Fees Due (no later than service of reply brief), R. 9.190(d)(1), 9.400(b) – BOTH PARTIES (Grounds: § 120.595, F.S.) –
Appellants’ Motion: FILED/SERVED 3/23/09
Appellee’s Motion: None

3/23/09

Appellants’ Motion for Oral Argument Due (request by separate document served no later than last brief of moving party), R. 9.320 –
FILED 1/15/09.

4/7/09

Appellee’s Response to Fees Motion Due, R. 9.300 (10 days to respond to motion + 5 days for mailing, R. 9.210(f))
– NONE FILED BY APD

5/12/09

Notice of Oral Argument Issued – OA is Tuesday, July 14, 2009 @ 9:00 AM in Tallahassee @ First DCA
(Panel: Judges Wolf, Webster, Clark)

5/22/09

Motion for Continuance, if any, due (for good and substantial cause)—within 10 days of OA Notice’s issuance (local rule). NOTE: Continuance motion may be filed thereafter, but will be granted only on showing of “extreme emergency.” No backup OA date provided.

7/3/09 – 7/14/09

If case settles, is likely to be settled, or is going to be voluntarily dismissed during this period, Appellant’s counsel must notify DCA by telephone AND by Notice of Dismissal, Waiver of OA filed with DCA (local rule)

07/14/09

Oral Argument Scheduled
NOTE: A notice of supplemental authority must be filed prior to OA to raise cases not cited in the briefs at OA.

08/21/09

First DCA in Appellants’ favor issued

09/07/09

Motion for Rehearing, Clarification, Certification, R. 9.330(a) (due 15 days from date of 1st DCA decision)

15 days later

Mandate (15 days from date of 1st DCA decision or denial of mot’n for reh’g/clar’n/cert), R. 9.340

w/in 30 days of Mandate

Motion to Tax Costs, R. 9.400(a)

w/in 30 days of rendition of Order

Petition for Review of Order by Trial Court (fees and/or costs), R. 9.400(c)