Doc.
|
Date Docketed
|
Description
|
Filed by
|
Notes
|
|
07/05/2018
|
NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT)
|
PT State Of Florida state1 BY: WD Wendy Buffington 779921
|
|
|
07/06/2018
|
JURIS INITIAL BRIEF
|
PT State Of Florida state1 BY: WD Wendy Buffington 779921
|
Jurisdictional Brief of Petitioner
|
|
07/06/2018
|
APPENDIX-JURIS BRIEF
|
PT State Of Florida state1 BY: WD Wendy Buffington 779921
|
Appendix to Jurisdictional Brief of Petitioner
|
|
07/10/2018
|
No Fee - State
|
|
STATE APPEAL
|
|
07/10/2018
|
ACKNOWLEDGMENT LETTER-NEW CASE
|
Supreme Court Of Florida BY: Supreme Court Of Florida
|
|
|
07/31/2018
|
MOTION-EXT OF TIME (JURIS BRIEF)
|
RS Elizabeth Francis Marsh BY: WE Michael R. Ufferman 114227
|
UNOPPOSED MOTION FOR EXTENSION OF TIME FOR SERVING
RESPONDENT'S JURISDICTIONAL ANSWER BRIEF
|
|
07/31/2018
|
MOTION-TOLL TIME
|
RS Elizabeth Francis Marsh BY: WE Michael R. Ufferman 114227
|
REQUEST TO TOLL TIME PENDING THE DISPOSITION OF THE
RESPONDENT'S "UNOPPOSED MOTION FOR EXTENSION OF TIME
FOR SERVING RESPONDENT'S JURISDICTIONAL ANSWER BRIEF"
|
|
08/01/2018
|
ORDER-EXT OF TIME GR (JURIS BRIEF-RESPONDENT)
|
|
Respondent's motion for extension of time is granted and respondent is allowed to and including August 22, 2018, in which to serve the jurisdictional answer brief. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.
|
|
08/22/2018
|
JURIS ANSWER BRIEF
|
RS Elizabeth Francis Marsh BY: WE Michael R. Ufferman 114227
|
|
|
02/22/2019
|
MOTION-DISMISS
|
RS Elizabeth Francis Marsh BY: WE Michael R. Ufferman 114227
|
MOTION TO DISMISS THE PETITION FOR REVIEW BECAUSE THE
CASE IS NOW MOOT (i.e., THE RESPONDENT HAS ALREADY BEEN
RESENTENCED)
|
|
02/22/2019
|
APPENDIX-MOTION
|
RS Elizabeth Francis Marsh BY: WE Michael R. Ufferman 114227
|
APPENDIX TO
MOTION TO DISMISS THE PETITION FOR REVIEW BECAUSE THE
CASE IS NOW MOOT (i.e., THE RESPONDENT HAS ALREADY BEEN
RESENTENCED)
A
|
|
03/04/2019
|
ORDER-JURIS ACCEPT/BRIEF SCHED (OA LATER DATE)
|
|
The Court accepts jurisdiction of this case.
Petitioner's initial brief on the merits must be served on or before March 25, 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.
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.
(03/04/2018: VACATED)
|
|
03/04/2019
|
ORDER-VACATE
|
|
The order of this Court dated March 4, 2019, accepting jurisdiction is hereby vacated.
|
|
03/14/2019
|
NOTICE-APPEARANCE
|
PT State Of Florida state1 BY: PT Peter N. Koclanes 26325
|
|
|
03/14/2019
|
MOTION-ACCEPTANCE AS TIMELY FILED (RESPONSE/REPLY)
|
PT State Of Florida state1 BY: PT Peter N. Koclanes 26325
|
Motion to Accept State's Response as Timely
|
|
03/14/2019
|
RESPONSE
|
PT State Of Florida state1 BY: PT Peter N. Koclanes 26325
|
|
|
03/18/2019
|
ORDER-ACCEPTANCE AS TIMELY FILED GR (RESP/REPLY)
|
|
Petitioner's motion to accept response as timely filed is granted and said response was filed with this Court on March 14, 2019.
|
|
04/16/2019
|
ORDER-DISMISS DY
|
|
Respondent's Motion to Dismiss the Petition for Review Because the Case Is Now Moot (i.e. the Respondent Has Already Been Resentenced) is hereby denied.
|
|
04/22/2019
|
ORDER-JURIS ACCEPT/BRIEF SCHED (OA LATER DATE)
|
|
The Court accepts jurisdiction of this case.
Petitioner's initial brief on the merits must be served on or before May 13, 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 Second District Court of Appeal must file the record which must be properly indexed and paginated on or before June 21, 2019. The Clerk may provide the record in the format as currently maintained at the district court, either paper or electronic.
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.
|
|
05/01/2019
|
MOTION-REHEARING ON MISC ORDER
|
RS Elizabeth Francis Marsh BY: WE Michael R. Ufferman 114227
|
Motion for Rehearing
|
|
05/01/2019
|
APPENDIX-MOTION
|
RS Elizabeth Francis Marsh BY: WE Michael R. Ufferman 114227
|
|
|
05/06/2019
|
RESPONSE
|
PT State Of Florida state1 BY: PT Peter N. Koclanes 26325
|
STATE'S RESPONSE OPPOSING MOTION FOR REHEARING,
AND NOTICE OF STATE'S POSITION ON PRIMARY CASE
|
|
05/06/2019
|
MOTION-EXT OF TIME (INITIAL BRIEF-MERITS)
|
PT State Of Florida state1 BY: PT Peter N. Koclanes 26325
|
STATE'S FIRST MOTION FOR EXTENSION OF TIME
|
|
05/07/2019
|
ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS)
|
|
Petitioner's motion for extension of time is granted and petitioner is allowed to and including June 12, 2019, in which to serve the 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.
|
|
05/20/2019
|
RECORD
|
Mary Beth Kuenzel 986224 BY: Mary Beth Kuenzel 986224
|
CERTIFIED COPIES OF APPEAL PAPERS
|
|
05/20/2019
|
RECORD
|
Mary Beth Kuenzel 986224 BY: Mary Beth Kuenzel 986224
|
Record on Appeal
|
|
05/20/2019
|
RECORD
|
Mary Beth Kuenzel 986224 BY: Mary Beth Kuenzel 986224
|
Supplement to Record on Appeal
|
|
05/20/2019
|
RECORD
|
Mary Beth Kuenzel 986224 BY: Mary Beth Kuenzel 986224
|
Second Supplement to Record on Appeal
|
|
05/20/2019
|
RECORD
|
Mary Beth Kuenzel 986224 BY: Mary Beth Kuenzel 986224
|
Third Supplement to Record on Appeal
|
|
06/03/2019
|
ORDER-OTHER SUBSTANTIVE DY
|
|
Respondent's Motion for Rehearing is hereby denied.
|
|
06/12/2019
|
INITIAL BRIEF-MERITS
|
PT State Of Florida state1 BY: PT Peter N. Koclanes 26325
|
PETITIONER'S INITIAL BRIEF ON THE MERITS
|
|
06/19/2019
|
MOTION-COUNS WITHDRAWAL
|
RS Elizabeth Francis Marsh BY: WE Michael R. Ufferman 114227
|
MOTION TO WITHDRAW APPEARANCE AS COUNSEL OF RECORD
|
|
06/24/2019
|
ORDER-COUNS WITHDRAWAL GR
|
|
The motion to withdraw filed in the above cause by Michael Ufferman of Michael Ufferman Law Firm, P.A., is granted and the jurisdiction of the above cause is temporarily relinquished to the circuit court for 30 days for determination of indigency and, if so, the appointment of a public defender. The time for filing the answer brief on the merits is tolled pending the appointment of substitute counsel.
|
|
06/24/2019
|
RELINQUISHMENT STARTED
|
|
|
|
07/01/2019
|
NOTICE
|
RS Elizabeth Francis Marsh BY: RS Elizabeth Francis Marsh
|
Notice to the Court regarding counsel.
|
|
07/02/2019
|
ORDER-CIRCUIT COURT
|
|
Order on Determination of Defendant's Indigency
|
|
07/30/2019
|
ORDER-OTHER SUBSTANTIVE
|
|
Respondent has given notice that she does not wish to be represented by the Office of the Public Defender and will retain counsel to represent her in the proceedings at bar.
Accordingly, Respondent shall retain counsel and file an answer brief within 30 days of the date of this order.
|
|
07/30/2019
|
RELINQUISHMENT ENDED
|
|
|
|
08/28/2019
|
ANSWER BRIEF-MERITS
|
RS Elizabeth Francis Marsh BY: RS Lee Edward Levenson 2429
|
RESPONDENT'S BRIEF ON THE MERITS
|
|
09/23/2019
|
MOTION-EXT OF TIME (REPLY BRIEF-MERITS)
|
PT State Of Florida state1 BY: PT Peter N. Koclanes 26325
|
STATE'S MOTION FOR EXTENSION OF TIME TO FILE REPLY
|
|
09/23/2019
|
ORDER-EXT OF TIME GR (REPLY BRIEF-MERITS)
|
|
Petitioner's motion for extension of time is granted and petitioner is allowed to and including October 17, 2019, in which to serve the reply brief on the merits. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.
|
|
10/16/2019
|
REPLY BRIEF-MERITS
|
PT State Of Florida state1 BY: PT Peter N. Koclanes 26325
|
Petitioner's Reply Brief on the Merits
|
|
10/28/2019
|
ORDER-OA SCHED (PREV ACCEPTED)
|
|
The Court previously accepted jurisdiction. The Court will hear oral argument at 9:00 a.m., Thursday, February 6, 2020.
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.
|
|
02/06/2020
|
ORAL ARGUMENT HELD
|
|
|
|
12/10/2020
|
DISP-QUASHED
|
|
FSC-OPINION: Accordingly, we quash the decision of the Second District in Marsh and approve the Fourth and Fifth District's decisions in Anguille and Lott to the extent they are consistent with this opinion.
It is so ordered.
|
|
12/31/2020
|
PUBLISH FULL
|
|
|
|
01/04/2021
|
MANDATE
|
|
|