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Doc. Date Docketed Description Filed by Notes
07/30/2003 NOTICE-DISCRETIONARY JURIS (STAT VALID) MA Everett Ward Milks BY: PT Anthony Charles Musto 207535
08/06/2003 No Fee - Insolvent INSOLVENT BELOW
08/07/2003 JURIS INITIAL BRIEF MA Everett Ward Milks BY: PT Anthony Charles Musto 207535 W/APPENDIX (O&5 W/DISKETTE); 8/8/03: APPENDIX CONTAINS MORE THAN DCA OPINION
08/08/2003 ORDER-BRIEF/APPENDIX STRICKEN (NON-COMPLIANCE) Petitioner's brief on jurisdiction with appendix, which was filed with this Court on August 7, 2003, does not comply with Florida Rules of Appellate 9.120(d) and is hereby stricken. Petitioner is hereby directed, on or before August 28, 2003, to file an original and five (5) copies of an amended brief on jurisdiction with an appendix which contains only a conformed copy of the decision of the district court of appeal.
08/22/2003 JURIS INITIAL AMD BRIEF MA Everett Ward Milks BY: PT Anthony Charles Musto 207535 W/APPENDIX (O&5 W/DISKETTE)
09/15/2003 JURIS ANSWER BRIEF RS State Of Florida state1 BY: RS Katherine Vickers Blanco 327832 O&5 W/DISKETTE
09/18/2003 ORDER-BRIEF STRICKEN (NON-COMPLIANCE) Respondent's answer brief on jurisdiction, which was filed with this Court on September 15, 2003, does not comply with Florida Rule of Appellate Procedure 9.210(a)(2) and is hereby stricken. Respondent is hereby directed, on or before October 8, 2003, to serve an original and five (5) copies of an amended answer brief with a Certificate of Compliance that immediately follows the Certificate of Service.
10/02/2003 JURIS ANSWER AMD BRIEF RS State Of Florida state1 BY: RS Katherine Vickers Blanco 327832 O&5 W/DISKETTE
11/19/2003 ORDER-NO REQ&BRIEF SCHED/JURIS ACCEPTED SENT TO WEST 11/21/2003 (SEE 08/05/2004 ORDER - SCHEDULED FOR OA)
11/25/2003 RECORD/TRANSCRIPT Hon. James Birkhold BY: Hon. James Birkhold (1 VOLUME & 1 SUPPLEMENTAL VOLUME)
12/17/2003 MOTION-EXT OF TIME (INITIAL BRIEF-MERITS) MA Everett Ward Milks BY: PT Anthony Charles Musto 207535
12/18/2003 ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS) Petitioner's motion for extension of time is granted and petitioner is allowed to and including December 29, 2003, 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.
12/31/2003 INITIAL BRIEF-MERITS MA Everett Ward Milks BY: PT Anthony Charles Musto 207535 O&7 (NO APPENDIX AND NO DISKETTE); 01/06/04: DISKETTE FILED
01/06/2004 APPENDIX MA Everett Ward Milks BY: PT Anthony Charles Musto 207535 O&7
01/21/2004 MOTION-EXT OF TIME (ANSWER BRIEF-MERITS) RS State Of Florida state1 BY: RS Katherine Vickers Blanco 327832
01/21/2004 MOTION-TOLL TIME RS State Of Florida state1 BY: RS Katherine Vickers Blanco 327832
01/23/2004 ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS) Respondent's motion for extension of time is granted and respondent is allowed to and including February 12, 2004, 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.
02/16/2004 ANSWER BRIEF-MERITS RS State Of Florida state1 BY: RS Katherine Vickers Blanco 327832 O&7 W/DISKETTE
03/12/2004 MOTION-EXT OF TIME (REPLY BRIEF-MERITS) MA Everett Ward Milks BY: PT Anthony Charles Musto 207535
03/12/2004 MOTION-TOLL TIME MA Everett Ward Milks BY: PT Anthony Charles Musto 207535
03/15/2004 ORDER-EXT OF TIME GR (REPLY BRIEF-MERITS) Petitioner's motion for extension of time is granted and petitioner is allowed to and including April 7, 2004, in which to serve the reply brief on the merits. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO PETITIONER FOR THE FILING OF THE REPLY BRIEF ON THE MERITS.
04/12/2004 REPLY BRIEF-MERITS MA Everett Ward Milks BY: PT Anthony Charles Musto 207535 O&7 W/DISKETTE
06/11/2004 ORDER-STAY PROCEEDINGS FSC (TAG CASE) The proceedings in this Court in the above case are hereby stayed pending disposition of State v. Espindola, Case No. SC03-2103, which is now pending in this Court; 08/05/2004: VACATED
07/02/2004 MOTION-STAY (VACATE) MA Everett Ward Milks BY: PT Anthony Charles Musto 207535 AND TO CONSOLIDATE; 08/05/2004: GRANTED
07/19/2004 RESPONSE RS State Of Florida state1 BY: RS Katherine Vickers Blanco 327832 IN OPPOSITION TO PETITIONER'S MOTION TO CONSOLIDATE
08/05/2004 ORDER-OA SCHED (PREV ACCEPTED) Petitioner Everett Ward Milks' Motion to Vacate Stay and to Consolidate is granted. The order of this Court, in Milks v. State, Case No. SC03-1321, dated June 11, 2004, staying the proceedings in that case pending disposition of State v. Espindola, Case No. SC03-2103, is hereby vacated. The Court previously accepted jurisdiction and dispensed with oral argument in Milks on November 19, 2003. The Court has now determined that oral argument should be granted in Milks and the case is hereby consolidated with Espindola, and scheduled for oral argument at 9:00 a.m., Thursday, October 7, 2004. A maximum of twenty (20) minutes to the side, as consolidated, is allowed for the argument. The allocation of time in these consolidated cases shall be agreed upon by the parties. The parties shall notify the Clerk of Court, in a stipulated statement, no later than September 30, 2004, regarding the order of argument and division of time among the parties, bearing in mind that the Court does not wish to hear repetitive arguments from more than one party regarding the various constitutional challenges to the statute at issue.
08/05/2004 ORAL ARGUMENT CALENDAR
09/02/2004 NOTICE-SUPPLEMENTAL AUTHORITY RS State Of Florida state1 BY: RS Katherine Vickers Blanco 327832 O&7 W/DISKETTE
10/04/2004 MISC. DOCKET ENTRY PT Everett Ward Milks BY: PT Anthony C. Musto 207535 STIPULATED STATEMENT
10/04/2004 NOTICE-SUPPLEMENTAL AUTHORITY MA Everett Ward Milks BY: PT Anthony Charles Musto 207535 O&7
10/05/2004 NOTICE-SUPPLEMENTAL AUTHORITY RS State Of Florida state1 BY: RS Christopher Michael Kise 855545 O&7
10/06/2004 NOTICE-SUPPLEMENTAL AUTHORITY RS State Of Florida state1 BY: RS Christopher Michael Kise 855545 O&7
10/07/2004 ORAL ARGUMENT HELD
02/03/2005 DISP-APPROVED We approve the decision of the Second District in Milks and reverse the decision of the Third District in Espindola.
02/25/2005 RECORD/TRANSCRIPT RETURNED Hon. James Birkhold BY: Hon. James Birkhold 1 VOLUME AND 1 SUPPLEMENTAL VOLUME
03/24/2005 ARCHIVES
05/02/2005 USSC CERTIORARI 04-9997 & DOCKETED 05/06/2005
10/10/2005 USSC DISP-CERTIORARI DY 04-9997 & COPY REC'D 10/10/2005