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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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06/29/2005
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NOTICE-DISCRETIONARY JURIS (CERT DIRECT CONFLICT)
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PT State Of Florida state1 BY: PT Richard Valuntas 151084
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(10/26/2005: ACK OF NEW CASE CORRECTED TO REFLECT CORRECT LT #)
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07/08/2005
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No Fee - State
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09/07/2005
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ORDER-STAY PROCEEDINGS FSC (TAG CASE)
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The proceedings in this Court in the above case are hereby stayed pending disposition of Hilton v. State, Case No. SC05-438, which is pending in this Court. (10/26/2005: ORDER CORRECTED TO REFLECT CORRECT LT #) (11/03/2005: STAY LIFTED)
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11/03/2005
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ORDER-BRIEF SCHED (CERTIFIED)
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& the stay of proceedings ordered by this Court on September 7, 2005, is hereby lifted.
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11/16/2005
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MOTION-EXT OF TIME (INITIAL BRIEF-MERITS)
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PT State Of Florida state1 BY: PT Richard Valuntas 151084
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11/22/2005
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ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS)
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Petitioner's motion for extension of time is granted and petitioner is allowed to and including December 28, 2005, 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.
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12/06/2005
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RECORD/TRANSCRIPT
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Hon. Marilyn Nemzura Beuttenmuller, Clerk BY: Hon. Marilyn Nemzura Beuttenmuller, Clerk
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1 VOLUME RECORD AND 1 VOLUME SUPPLEMENTAL
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12/28/2005
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INITIAL BRIEF-MERITS
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PT State Of Florida state1 BY: PT Richard Valuntas 151084
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O&7 W/E-FILE
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01/23/2006
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MOTION-EXT OF TIME (ANSWER BRIEF-MERITS)
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RS Fred O. Burke BY: RS Marcy K. Allen 332161
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01/24/2006
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ORDER-JURIS ACCEPTED
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The Court accepts jurisdiction, but postpones its decision as to whether the above case will be submitted to the Court with or without oral argument.
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01/24/2006
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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 February 22, 2006, 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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02/21/2006
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ANSWER BRIEF-MERITS
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RS Fred O. Burke BY: RS Marcy K. Allen 332161
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O&5 (FOOTNOTES ARE NOT THE SAME SIZE TYPE OF THE TEXT)
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02/24/2006
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ORDER-BRIEF STRICKEN (NON-COMPLIANCE)
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Respondent's brief on the merits, which was filed with this Court on February 21, 2006, does not comply with Florida Rule of Appellate Procedure 9.210(a)(2) and is hereby stricken. Respondent is hereby directed, on or before March 16, 2006, to serve an original and seven (7) copies of an amended brief on the merits with the footnotes in the same size type as the text.
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03/03/2006
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ANSWER AMD BRIEF-MERITS
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RS Fred O. Burke BY: RS Marcy K. Allen 332161
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(O&7 & E-MAIL) *STRICKEN*
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03/06/2006
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ANSWER AMD BRIEF-MERITS
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RS Fred O. Burke BY: RS Marcy K. Allen 332161
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SECOND AMENDED (O&7 & E-MAIL)
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03/13/2006
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MOTION-BRIEF AMENDMENT
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RS Fred O. Burke BY: RS Marcy K. Allen 332161
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FILED AS "MOTION TO ACCEPT SECOND AMENDED RESPONDENTS BRIEF ON THE MERITS" (O& 7)
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03/14/2006
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ORDER-BRIEF AMENDMENT GR
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Respondent's Motion to Accept Second Amended Respondents Brief on the Merits is granted and said amended brief was filed with this Court on March 6, 2006. Respondent's amended brief filed with this Court on March 3, 2006, is hereby stricken.
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04/05/2006
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ORDER-STAY PROCEEDINGS FSC (TAG CASE)
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The proceedings in this Court in the above case are hereby stayed pending disposition of Hilton v. State, Case No. SC05-438, which is pending in this Court.
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09/06/2007
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ORDER-SHOW CAUSE (TAG-APPEAL-CONTROLLED BY LEAD CASE)
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Petitioner shall show cause on or before September 21, 2007, why this Court's decision in Hilton v. State, 32 Fla. L. Weekly S401 (July 5, 2007), is not controlling in this case, and thus why the Court should not discharge jurisdiction and dismiss review of this case. Respondent may serve a reply on or before October 1, 2007.
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09/21/2007
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RESPONSE
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PT State Of Florida state1 BY: PT August A. Bonavita 962295
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TO ORDER DATED 09/06/2007 (O&1)
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09/28/2007
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REPLY TO RESPONSE
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RS Fred O. Burke BY: RS Marcy K. Allen 332161
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TO ORDER DATED 09/06/2007 (O&7)
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04/03/2008
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DISP-REV DISM IMPROVIDENTLY GRANTED (W/O OA)
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When our decision in Hilton became final, we issued an order directing petitioner to show cause why our Hilton decision is not controlling in this case, and thus why we should not discharge jurisdiction and dismiss review. Upon consideration of petitioner's response and respondent's reply thereto, we conclude that jurisdiction was improvidently granted. Accordingly, we hereby discharge jurisdiction and dismiss this review proceeding. No motion for rehearing will be allowed.
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04/28/2008
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MANDATE
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CC: COUNSEL
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04/28/2008
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RECORD/TRANSCRIPT RETURNED
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Hon. Marilyn Nemzura Beuttenmuller, Clerk BY: Hon. Marilyn Nemzura Beuttenmuller, Clerk
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1 VOLUME RECORD, 1 VOLUME SUPPLEMENTAL RECORD
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05/28/2008
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