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Doc.
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Date Docketed
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Description
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Filed by
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Notes
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10/05/2004
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NOTICE-DISCRETIONARY JURIS (CERT DIRECT CONFLICT)
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PT Walter Velez BY: PT Paul Morris 193769
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10/07/2004
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Filing Fee $300
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2004 - 1000746 Amount: $300
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10/07/2004
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Fee Paid In Full - $300
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10/07/2004
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ORDER-BRIEF SCHED (CERTIFIED)
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10/22/2004
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MOTION-EXT OF TIME (INITIAL BRIEF-MERITS)
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PT Walter Velez BY: PT Paul Morris 193769
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10/22/2004
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ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS)
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11/15/2004
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INITIAL BRIEF-MERITS
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PT Walter Velez BY: PT Paul Morris 193769
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O&7 W/DISKETTE
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11/15/2004
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REQUEST-ORAL ARGUMENT
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PT Walter Velez BY: PT Paul Morris 193769
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11/19/2004
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APPENDIX
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PT Walter Velez BY: PT Paul Morris 193769
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ON INITIAL BRIEF-MERITS
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12/01/2004
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MOTION-EXT OF TIME (ANSWER BRIEF-MERITS)
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RS Miami-Dade Police Department BY: RS Roberto Elpidio Fiallo 493791
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12/03/2004
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ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS)
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Respondent's motion for extension of time is granted and respondent is allowed to and including January 4, 2005, 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.
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12/06/2004
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RECORD/TRANSCRIPT
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Mary Cay Blanks BY: Mary Cay Blanks
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CERTIFICATE OF CLERK, CC PAPERS, 1 VOLUME RECORD
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12/22/2004
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REQUEST-ORAL ARGUMENT
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RS Miami-Dade Police Department BY: RS Roberto Elpidio Fiallo 493791
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12/22/2004
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ANSWER BRIEF-MERITS
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RS Miami-Dade Police Department BY: RS Roberto Elpidio Fiallo 493791
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O&7 W/DISKETTE
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12/22/2004
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APPENDIX
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RS Miami-Dade Police Department BY: RS Roberto Elpidio Fiallo 493791
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(O&7) TO ANSWER BRIEF MERITS
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12/22/2004
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ORDER-APPENDIX STRICKEN
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Respondent's appendix which was filed with this Court on December 22, 2004, does not comply with Florida Rule of Appellate Procedure 9.220 and is hereby stricken. Respondent is directed to serve, on or before January 3, 2005, an amended appendix which contains at least a conformed copy of the decision of the district court of appeal.
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12/30/2004
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APPENDIX (AMENDED)
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RS Miami-Dade Police Department BY: RS Roberto Elpidio Fiallo 493791
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O&7
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01/03/2005
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REPLY BRIEF-MERITS
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PT Walter Velez BY: PT Paul Morris 193769
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(O&7) WITH DISKETTE
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02/01/2005
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ORDER-OA SCHED/JURIS ACCEPTED
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02/01/2005
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ORAL ARGUMENT CALENDAR
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04/07/2005
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ORAL ARGUMENT HELD
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02/16/2006
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DISP-QUASHED
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We quash that part of the decision of the Third District Court of Appeal in Velez holding that a person in possession of property at the time of seizure must show a proprietary interest in the property in order to gain standing to challenge the seizure in an adversarial preliminary hearing. However, we approve that part of the decision holding that Velez did not have standing because he failed to demonstrate that he possessed the currency at seizure. We approve the decisions of the Fourth District Court of Appeal in Baruch and Jean-Louis, except to the extent that certain language in Jean-Louis, 767 So. 2d at 598, can be construed to convey standing to persons who "at the very least . . . were in possession of money at the time it was seized" without sworn proof.
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02/22/2006
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MOTION-EXT OF TIME (REHEARING/REINSTATEMENT)
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PT Walter Velez BY: PT Paul Morris 193769
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O&7 (RC)
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02/28/2006
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ORDER-EXT OF TIME GR (REHEARING/REINSTATEMENT)
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Petitioner's motion for extension of time is granted and petitioner is allowed to and including March 23, 2006, in which to file a motion for rehearing.
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03/02/2006
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MOTION-REHEARING
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PT Walter Velez BY: PT Paul Morris 193769
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(O&7) (RC)
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03/06/2006
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RESPONSE
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RS Miami-Dade Police Department BY: RS Roberto Elpidio Fiallo 493791
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IN OPPOSITION TO PETITIONER'S MOTION FOR REHEARING (O&7)
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06/22/2006
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DISP-REHEARING GR
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The petitioner's Motion for Rehearing is granted. The opinion issued in this case on February 16, 2006, is hereby withdrawn, and the attached revised opinion is substituted in its place.
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06/22/2006
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DISP-QUASHED & REMANDED
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We quash the decision of the Third District Court of Appeal in Velez holding that a person in possession of property at the time of seizure must show a proprietary interest in the property in order to gain standing to challenge the seizure in an adversarial preliminary hearing. Based on this holding, we remand to the district court for proceedings consistent with this opinion. We approve the decisions of the Fourth District Court of Appeal in Baruch and Jean-Louis.
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07/13/2006
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MANDATE
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CC: COUNSEL
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07/13/2006
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RECORD/TRANSCRIPT RETURNED
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Mary Cay Blanks BY: Mary Cay Blanks
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1 VOLUME
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09/01/2006
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ARCHIVES
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