E-Copy Received Mar 11, 2013 2:12 PM

IN THE DISTRICT COURT OF APPEAL OF FLORIDA, FIRST DISTRICT MICHAEL C. VOELTZ,

vs. BARACK HUSSEIN OBAMA, KEN DETZNER, Secretary of State of Florida, and FLORIDA ELECTIONS CANVASSING COMMISSION,

Case No.: 1D12-3489 L.T. No.: 2012-CA-00467

THE SECRETARYS RESPONSE IN OPPOSITION TO MOTION FOR WRITTEN OPINION Appellee, Florida Secretary of State Kenneth W. Detzner (Secretary), responds in opposition to Appellants Motion for Written Opinion Pursuant to

Rule 9.330(a), Fla. R. App. P. Appellants motion for clarification of this Courts Opinion, dated February 8, 2013, was not.

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A motion under Rule 9.330 must be filed with in 15 days of an order .

Florida Rule of Appellate Procedure 9.330(a). Appellants motion is untimely.

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Thursday, February 28, 2013, twenty days after the Opinion was issued. Appellants motion should be dismissed. See Hoffman v. McDonough, 969 So. 2d 514 (Fla. 1st DCA 2007) (affirming order denying untimely motion filed under Rule 9.330).

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Appellees, _____________________________________/

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Appellants motion was filed on

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Appellant,

Contrary to Appellants argument, Rule 2.514 of the Rules of Judicial Administration does not permit five additional days for him to file his motion. Rule 2.514 permits an additional five days for filing when a party may or must act within a specified time after service and service is made by mail or e-mail. Rule 2.514(b), Fla. R. Jud. Admin. (emphasis added). Rule 9.330 specifies that the time within which Appellant must have acted was triggered by an order, not service.

days of service of the [Appellants] motion and thus may receive the additional

WHEREFORE, the Secretary respectfully requests that the Court deny Appellants Motion for Written Opinion Pursuant to Florida Rule of Appellate

The additional 5 days notwithstanding, the Secretary is responding to the motion within 10 days of when the undersigned received notice from the Clerk that the motion had been filed. Appellant has not served the Secretary with the motion as required by Rule 2.516(b)(1)(E), Florida Rules of Judicial Administration. 2

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Procedure 9.330(a).

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five days under Rule 2.514.1 Rule 9.330(a), Fla. R. App. P. (emphasis added).

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Rule 9.330(a), Fla. R. App. P. In contrast, Appellees responses are due within 10

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Respectfully submitted,

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/s/ Ashley E. Davis J. Andrew Atkinson General Counsel Fla. Bar No. 14135 J.Andrew.Atkinson@dos.myflorida.com Ashley E. Davis Assistant General Counsel Fla. Bar No. 48032 Ashley.Davis@dos.myflorida.com Betty.Money@dos.myflorida.com Florida Department of State R.A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250 850-245-6536 850-245-6127 (fax) Counsel for Appellee, Secretary of State Kenneth W. Detzner

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CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing document was sent by email this 11th day of March, 2013 to: Larry Klayman leklayman@gmail.com Counsel for Appellant Michael Voeltz Mark Herron mherron@lawfla.com clowell@lawfla.com statecourtpleadings@lawfla.com Joseph Brennan Donnelly bdonnelly@lawfla.com bmorton@lawfla.com statecourtpleadings@lawfla.com Robert J. Telfer, III rtelfer@lawfla.com clowell@lawfla.com statecourtpleadings@lawfla.com Richard B. Rosenthal rbr@rosenthalappeals.com rbr72@hotmail.com Stephan F. Rosenthal srosenthal@podhurst.com srodriguez@podhurst.com Counsel for Appellee Barack Obama James A. Peters jim.peters@myfloridalegal.com JoAnn.Mrazek@myfloridalegal.com Counsel for Appellee Florida Elections Canvassing Commission

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/s/ Ashley E. Davis Attorney

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