Home Justices Public Information
Doc. Date Docketed Description Filed by Notes
06/22/2006 NOTICE-DISCRETIONARY JURIS (CERT GPI) PT Florida Parole Commission PAROLE BY: PT Susan Schwartz 955973
06/28/2006 No Fee Required STATE APPEAL
06/30/2006 ORDER-STAY PROCEEDINGS FSC (TAG CASE) The proceedings in this Court in the above case are hereby stayed pending disposition of McDonough v. Cox, Case No. SC06-301, which is pending in this Court.
01/27/2009 ORDER-SHOW CAUSE (TAG-DECLINE JURIS)
02/03/2009 RESPONSE PT Florida Parole Commission PAROLE BY: PT Sarah J. Rumph 653616 TO OTSC DATED 01/27/2009 (S)
02/12/2009 REPLY TO RESPONSE RS Joseph Robert Spaziano BY: RS James M. Russ 69585 TO OTSC DATED 01/27/09 (S)
07/21/2009 ORDER-BRIEF SCHED (MISC) On June 30, 2006, the Court entered an order sua sponte staying the proceedings in this case, pending disposition of McDonough v. Cox, Case No. SC06-301. On December 4, 2008, the Court decided Case No. SC06-301 in McNeil v. Cox, 997 So. 2d 343 (Fla. 2008). Accordingly, on January 27, 2009, the Court issued an order to show cause in this case why the decision in McNeil v. Cox is not controlling and, thus, why the Court should not decline to exercise jurisdiction in the case. The petitioner filed its response on February 3, 2009. Having examined the opinion of the district court of appeal in Spaziano v. Florida Parole Commission, Case No. 1D05-3506, for which review is sought, and the decision of this Court in McNeil v. Cox, and having considered the response of the petitioner to the order to show cause, the Court has determined that the disposition of McNeil v. Cox will not necessarily be dispositive of Florida Parole Commission v. Spaziano, Case No. SC06-1252, because the question certified in Spaziano, which was the same question certified by the First District in Cox, was rephrased by this Court in Cox to focus on whether the holding in Schmidt v. Crusoe, 878 So. 2d 361 (Fla. 2003), extended to gain time actions, so as to preclude imposition of a lien on the inmate's trust account to recover applicable filing fees. The First District in Spaziano certified its question in the context of a challenge to the Florida Parole Commission's calculation of a presumptive parole release date, which did not involve gain time. Therefore, the Court lifts the stay in Florida Parole Commission v. Spaziano, SC06-1252, accepts jurisdiction of the case and orders briefing, based on the following briefing schedule: Petitioner's brief on the Merits shall be served on or before September 8, 2009; respondent's brief on the Merits shall be served twenty days after service of petitioner's brief on the Merits; and petitioner's reply brief on the Merits shall be served twenty days after service of respondent's brief on the Merits. The Court postpones its decision as to whether the above case will be submitted to the Court with or without oral argument. The briefs of the parties shall focus on the question of whether the holdings in Schmidt v. Crusoe, 878 So. 2d 361 (Fla. 2003), and McNeil v. Cox, 997 So. 2d 343 (Fla. 2008), extend to actions challenging a determination by the Florida Parole Commission in matters concerning an inmate's presumptive parole release date. NO CONTINUANCES WILL BE GRANTED EXCEPT UPON A SHOWING OF EXTREME HARDSHIP. (07/22/2009: CORRECTED ORDER ISSUED TO REFLECT CORRECT SERVICE DATES) (08/14/2009: CORRECTED TO REFLECT THAT THE BRIEFS ON THE MERITS WERE DUE)
08/05/2009 JURIS INITIAL BRIEF PT Florida Parole Commission PAROLE BY: PT Sarah J. Rumph 653616 O&5 & E-MAIL
08/10/2009 MOTION-REHEARING ON MISC ORDER RS Joseph Robert Spaziano BY: RS James M. Russ 69585 DATED 07/21/2009 (FILED AS "MR. SPAZIANO'S MOTION FOR CLARIFICATION") (O&7)
08/10/2009 JURIS INITIAL AMD BRIEF PT Florida Parole Commission PAROLE BY: PT Sarah J. Rumph 653616 W/APPENDIX (APPENDIX CONTAINS MORE THAN DCA DECISION) *** STRICKEN***
08/14/2009 ORDER-OTHER SUBSTANTIVE GR Respondent's motion for clarification is hereby granted. Petitioner's amended brief on jurisdiction is accordingly stricken. Merits briefing, not jurisdictional briefing, shall proceed as set forth in the second-corrected order accepting jurisdiction in this case.
08/25/2009 INITIAL BRIEF-MERITS PT Florida Parole Commission PAROLE BY: PT Sarah J. Rumph 653616 W/APPENDIX (O&7 & E-MAIL)
09/22/2009 ANSWER BRIEF-MERITS RS Joseph Robert Spaziano BY: RS James M. Russ 69585 O&7 & E-MAIL
09/24/2009 RECORD/TRANSCRIPT Jon S. Wheeler BY: Jon S. Wheeler 1 VOL. CC PAPERS, 1 VOL. RECORD & APPENDIX TO PETITION FOR WRIT OF CERTIORARI
01/04/2010 ORDER-OA SCHED (PREV ACCEPTED) The Court previously accepted jurisdiction. The Court will hear oral argument at 9:00 a.m., Monday, March 1, 2010. 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.
01/04/2010 ORAL ARGUMENT CALENDAR
01/25/2010 NOTICE-SUPPLEMENTAL AUTHORITY PT Florida Parole Commission PAROLE BY: PT Sarah J. Rumph 653616
02/01/2010 NOTICE-SUPPLEMENTAL AUTHORITY RS Joseph Robert Spaziano BY: RS James M. Russ 69585 O&7
02/01/2010 NOTICE-SUPPLEMENTAL AUTHORITY RS Joseph Robert Spaziano BY: RS James M. Russ 69585 SECOND (O&7)
02/03/2010 NOTICE-SUPPLEMENTAL AUTHORITY RS Joseph Robert Spaziano BY: RS James M. Russ 69585 THIRD (O&7)
02/05/2010 NOTICE-SUPPLEMENTAL AUTHORITY RS Joseph Robert Spaziano BY: RS James M. Russ 69585 FOURTH (O&7)
02/08/2010 NOTICE-SUPPLEMENTAL AUTHORITY RS Joseph Robert Spaziano BY: RS James M. Russ 69585 FIFTH (O&7)
02/12/2010 NOTICE-SUPPLEMENTAL AUTHORITY RS Joseph Robert Spaziano BY: RS James M. Russ 69585 SIXTH (O&7)
02/18/2010 NOTICE-SUPPLEMENTAL AUTHORITY RS Joseph Robert Spaziano BY: RS Terrence E. Kehoe 330868 SEVENTH (O&7) SEVENTH (CORRECTED) 02/19/2010: (O&7) FILED AS "MR. SPAZIANO'S CORRECTED SEVENTH NOTICE OF SUPPLEMENTAL AUTHORITY"
02/19/2010 NOTICE-SUPPLEMENTAL AUTHORITY RS Joseph Robert Spaziano BY: RS Terrence E. Kehoe 330868 EIGHTH (O&7)
02/22/2010 LETTER RE: CONTINUED FILINGS (02/26/2010: AMENDED TO REFLECT RESPONDENT AS CONTINUED FILER)
03/01/2010 ORAL ARGUMENT HELD
10/14/2010 DISP-APPROVED Based on the foregoing, we answer the rephrased certified question in the affirmative and approve the decision of the district court. We hold that inmate challenges, regardless of their nature, to the Florida Parole Commission's determination of an inmate's presumptive parole release date constitute collateral criminal proceedings for the purposes of section 57.085(10). Accordingly, when such an action is brought, section 57.085(10) precludes imposition of a lien on the inmate's trust account to recover applicable filing fees.
11/05/2010 MANDATE CC: COUNSEL
11/05/2010 RECORD/TRANSCRIPT RETURNED Jon S. Wheeler BY: Jon S. Wheeler 1 VOLUME RECORD WITH APPENDIX TO PETITION FOR WRIT OF CERTIORARI
02/17/2011 ARCHIVES File
08/27/2012 FILE DESTROYED