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Doc. Date Docketed Description Filed by Notes
03/03/2006 NOTICE-DISCRETIONARY JURIS (CERT GPI) PT State Of Florida state1 BY: PT Valentina M. Tejera 536946
03/08/2006 No Fee - State STATE APPEAL
03/21/2006 ORDER-JURIS ACCEPT/BRIEF SCHED (OA LATER DATE) The Court accepts jurisdiction of this case. Oral argument will be set by separate order. Counsel for the parties will be notified of the oral argument date approximately sixty (60) days prior to oral argument. Petitioner's brief on the merits shall be served on or before April 17, 2006; respondent's brief on the merits shall be served twenty (20) days after service of petitioner's brief on the merits; and petitioner's reply brief on the merits shall be served twenty (20) days after service of respondent's brief on the merits. Please file an original and seven (7) copies of all briefs. The Clerk of the Third District Court of Appeal shall file the original record which shall be properly indexed and paginated on or before May 22, 2006. The record shall include the briefs filed in the district court separately indexed.
04/17/2006 MOTION-EXT OF TIME (INITIAL BRIEF-MERITS) PT State Of Florida state1 BY: PT Valentina M. Tejera 536946 FILED AS MOTION FOR EXT. OF TIME TO FILE JURIS. BRIEF (O&2) (04/24/06, AMENDED MOTION FILED O&2)
05/01/2006 ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS) Upon consideration of petitioner's motion for extension of time and amended motion for extension of time, it is ordered that the amended motion is granted and petitioner is allowed to and including May 17, 2006, 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.
05/22/2006 RECORD/TRANSCRIPT Mary Cay Blanks BY: Mary Cay Blanks 1 VOLUME RECORD, 1 VOLUME DCA BRIEFS, 1 VOLUME CC PAPERS AND 2 VOLUMES TRANSCRIPTS (NO E-MAIL)
05/22/2006 INITIAL BRIEF-MERITS PT State Of Florida state1 BY: PT Valentina M. Tejera 536946 (O&8 & E-MAIL)
05/22/2006 APPENDIX PT State Of Florida state1 BY: PT Valentina M. Tejera 536946 (O&7)
05/22/2006 MOTION-AMICUS CURIAE MP Florida Prosecuting Attorneys Association BY: MA Rodolfo Sorondo, Jr. 287301 (O&1)
05/22/2006 AMICUS CURIAE INITIAL BRIEF-MERITS MP Florida Prosecuting Attorneys Association BY: MA Rodolfo Sorondo, Jr. 287301 (O&7) (E-MAIL RCVD 6/7/06)
05/22/2006 REQUEST-ORAL ARGUMENT MP Florida Prosecuting Attorneys Association BY: MA Rodolfo Sorondo, Jr. 287301
06/07/2006 ORDER-AMICUS CURIAE GR The motion for leave to file brief as amicus curiae filed by The Florida Prosecuting Attorneys Association is hereby granted and they are allowed to file brief only in support of petitioner. The brief by the above referenced amicus curiae was filed with this Court on May 22, 2006. The request for oral argument as amicus curiae filed by The Florida Prosecuting Attorneys Association is only permitted if said amicus receives permission from petitioner to share their time.
06/09/2006 MOTION-EXT OF TIME (ANSWER BRIEF-MERITS) RS Edgar Sylvester Whitby BY: RS Shannon P. Mckenna 385158 (O&6 & E-MAIL) (WRONG SERVICE DATE & FONT) (O&5 & E-MAIL - AMD MOTION FILED 6/9/06)
06/21/2006 ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS) Respondent's motion for extension of time and amendment thereto, are granted and respondent is allowed to and including July 13, 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.
07/12/2006 MOTION-EXT OF TIME (ANSWER BRIEF-MERITS) RS Edgar Sylvester Whitby BY: RS Shannon P. Mckenna 385158 (O&5)
07/14/2006 ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS)
07/19/2006 MOTION-EXT OF TIME (ANSWER BRIEF-MERITS) RS Edgar Sylvester Whitby BY: RS Shannon P. Mckenna 385158 O&2
07/19/2006 ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS)
07/25/2006 ORDER-OA SCHED (PREV ACCEPTED)
07/25/2006 ORAL ARGUMENT CALENDAR
07/26/2006 MOTION-EXT OF TIME (ANSWER BRIEF-MERITS) RS Edgar Sylvester Whitby BY: RS Shannon P. Mckenna 385158 (O&2) FILED AS: "THIRD EMERGENCY MOTION FOR EXTENSION OF TIME TO FILE ANSWER BRIEF OF RESPONDENT DUE TO MEDICAL REASONS"
08/08/2006 ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS) Respondent's Third Emergency Motion for Extension of Time to File Answer Brief of Respondent Due to Medical Reasons is granted and respondent is allowed to and including August 14, 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.
08/28/2006 ANSWER BRIEF-MERITS RS Edgar Sylvester Whitby BY: RS Shannon P. Mckenna 385158 W/APPENDIX (O&8) (NO E-MAIL & SERVED 11 DAYS LATE)
08/28/2006 MOTION-ACCEPTANCE AS TIMELY FILED (BRIEF) RS Edgar Sylvester Whitby BY: RS Shannon P. Mckenna 385158 (O&1)
08/31/2006 ORDER-ACCEPTANCE AS TIMELY FILED GR (BRIEF) Respondent's motion to accept brief as timely filed is granted and respondent's answer brief on the merits was filed with this Court on August 28, 2006. In the future, counsel should file a motion for extension of time prior to the due date to avoid possible sanctions.
09/05/2006 MOTION-AMICUS CURIAE MR Florida Justice Association BY: MR Benjamin S. Waxman 403237 CERT OF SERVICE DOES NOT SERVE ARTHUR I. JACOBS)
09/05/2006 AMICUS CURIAE ANSWER BRIEF-MERITS MR Florida Justice Association BY: MR Benjamin S. Waxman 403237 (O&7) (E-MAIL RECEIVED 09/06/06) (CERT OF SERVICE DOES NOT SERVE ARTHUR I. JACOBS)
09/12/2006 CERTIFICATE OF SERVICE (AMD) MR Academy Of Florida Trial Lawyers AFTL BY: MR Benjamin S. Waxman 0403237 FOR AMICUS BRIEF AND MOTION FILED 09/05/06
09/14/2006 MOTION-EXT OF TIME (REPLY BRIEF-MERITS) PT State Of Florida state1 BY: PT Richard L. Polin 230987
09/14/2006 MOTION-TOLL TIME PT State Of Florida state1 BY: PT Richard L. Polin 230987
09/20/2006 ORDER-EXT OF TIME GR (REPLY BRIEF-MERITS) Petitioner's motion for extension of time is granted and petitioner is allowed to and including September 29, 2006, 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.
10/03/2006 REPLY BRIEF-MERITS PT State Of Florida state1 BY: PT Richard L. Polin 230987 (O&7 & E-MAIL)
10/03/2006 APPENDIX PT State Of Florida state1 BY: PT Richard L. Polin 230987 (O&7)
10/05/2006 ORDER-AMICUS CURIAE GR The motion for leave to file brief as amicus curiae filed by the Academy of Florida Trial Lawyers; American Civil Liberties Union of Florida; Caribbean Bar Association; Asian Pacific American Bar Association of South Florida; Cuban American Bar Association; Florida Association of Criminal Defense Lawyers; Florida Association of Criminal Defense Lawyers, Miami Chapter; Florida Association of Women Lawyers, Miami-Dade Chapter; Gwen S. Cherry/Black Women Lawyers Association; Haitian Lawyers Association; National Association for the Advancement of Colored People; and Wilkie D. Ferguson, Jr. Bar Association is hereby granted and they are allowed to file brief only in support of respondent. The brief by the above referenced amicus curiae was filed with this Court on September 5, 2006.
10/30/2006 ORAL ARGUMENT HELD
05/10/2007 NOTICE-APPEARANCE (BY ROY D. WASSON AS CO-COUNSEL FOR FJA) AND NAME CHANGE OF THE ACADEMY OF FLORIDA TRIAL LAWYERS (TO THE FLORIDA JUSTICE ASSOCIATION) (O&7)
02/07/2008 DISP-REV DISM IMPROVIDENTLY GRANTED (OA) We initially accepted review of this case, Whitby v. State, 933 So. 2d 557 (Fla. 3d DCA 2006), on the basis of the district court's certification of a question of great public importance. Art. V, § 3(b)(4), Fla. Const. However, upon reflection and further consideration we have determined to deny review and discharge jurisdiction. No motion for rehearing will be allowed.
03/03/2008 RECORD/TRANSCRIPT RETURNED Mary Cay Blanks BY: Mary Cay Blanks 1 VOLUME RECORD, 1 VOLUME DCA BRIEFS, 2 VOLUMES TRANSCRIPTS
03/03/2008 MANDATE CC: COUNSEL
03/25/2008 ARCHIVES 1 file