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Doc. Date Docketed Description Filed by Notes
11/15/2007 NOTICE-DISCRETIONARY JURIS (CERT DIRECT CONFLICT) PT State Of Florida state1 BY: PT Susan M. Shanahan 976059
11/20/2007 No Fee - State
11/21/2007 JURIS INITIAL BRIEF PT State Of Florida state1 BY: PT Susan M. Shanahan 976059 W/APPENDIX (O&7 & E-MAIL)
12/10/2007 JURIS ANSWER BRIEF RS Randy Dewayne Gibson BY: RS Carol J. Y. Wilson 368512 O&5 & E-MAIL
01/04/2008 ORDER-OA&BRIEF SCHED/JURIS ACCEPTED The Court accepts jurisdiction of this case and will hear oral argument at 9:00 a.m., Tuesday, June 10, 2008.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. Petitioner's brief on the merits shall be served on or before January 29, 2008; 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. Please file an original and seven copies of all briefs. UNLESS BRIEFS ARE TIMELY FILED, THE PRIVILEGE OF ORAL ARGUMENT WILL BE FORFEITED. The Clerk of the Second District Court of Appeal shall file the original record which shall be properly indexed and paginated on or before March 4, 2008. The record shall include the briefs filed in the district court separately indexed.
01/04/2008 ORAL ARGUMENT CALENDAR
01/18/2008 RECORD/TRANSCRIPT Hon. James Birkhold BY: Hon. James Birkhold CERTIFICATE OF CLERK, 4 VOLUMES BRIEFS AND 1 VOLUME BRIEFS & E-MAIL
01/28/2008 MOTION-AMICUS CURIAE MP Police K-9 Magazine BY: MP Arthur T. Daus, Iii 892688 FILED AS "MOTION OF POLICE K-9 MAGAZINE AND CANINE DEVELOPMENT GROUP FOR LEAVE TO FILE AN AMICUS CURIAE BRIEF"
01/29/2008 INITIAL BRIEF-MERITS PT State Of Florida state1 BY: PT Susan M. Shanahan 976059 W/APPENDIX (O&7 & E-MAIL)
02/04/2008 AMICUS CURIAE INITIAL BRIEF-MERITS MP Police K-9 Magazine BY: MP Arthur T. Daus, Iii 892688 O&7 & NO-EMAIL
02/21/2008 ANSWER BRIEF-MERITS RS Randy Dewayne Gibson BY: RS Carol J. Y. Wilson 368512 O&7 & E-MAIL
02/29/2008 MOTION-STRIKE PT State Of Florida state1 BY: PT Susan M. Shanahan 976059 FILED AS "MOTION TO STRIKE NONRESPONSIVE PORTIONS OF RESPONDENT'S ANSWER BRIEF ON THE MERITS" (O&7)
03/07/2008 RESPONSE RS Randy Dewayne Gibson BY: RS Carol J. Y. Wilson 368512 (O&7) FILED AS "RESPONDENT'S RESPONSE TO PETITIONER'S MOTION TO STRIKE"
03/10/2008 MOTION-TOLL TIME PT State Of Florida state1 BY: PT Susan M. Shanahan 976059 FILED AS "MOTION TO TOLL TIME TO FILE PETITIONER'S REPLY BRIEF ON THE MERITS" ***GRANTED SEE ORDER DATED 03/26/2008***
03/12/2008 RESPONSE RS Randy Dewayne Gibson BY: RS Carol J. Y. Wilson 368512 (O&7) FILED AS "RESPONDENT'S RESPONSE TO PETITIONER'S MOTION TO TOLL TIME TO FILE PETITIONER'S REPLY BRIEF"
03/14/2008 ORDER-AMICUS CURIAE GR The motion for leave to file brief as amicus curiae filed by Police K-9 Magazine and Canine Development Group is hereby granted and they are allowed to file brief only in support of petitioner. The brief by the above referenced amici curiae was filed with this Court on february 4, 2008.
03/26/2008 ORDER-STRIKE DY Petitioner's Motion to Strike Nonresponsive Portions of Respondent's Answer Brief on the Merits is hereby denied. Petitioner's motion to toll time for filing reply brief on the merits is hereby granted and petitioner's reply brief on the merits shall be served on or before April 7, 2008.
04/07/2008 REPLY BRIEF-MERITS PT State Of Florida state1 BY: PT Susan M. Shanahan 976059 O&7 (BRIEF EXCEEDS PAGE LIMIT)
04/09/2008 ORDER-BRIEF STRICKEN (NON-COMPLIANCE) Petitioner's reply brief on the merits, which was filed with this Court on April 7, 2008, does not comply with Florida Rule of Appellate Procedure 9.210 and is hereby stricken. Petitioner is hereby directed, on or before April 29, 2008, to serve an original and seven copies of an amended reply brief on the merits which does not exceed fifteen pages in length. The table of contents and the citation of authorities shall be excluded from the computation.
04/17/2008 REPLY AMD BRIEF-MERITS PT State Of Florida state1 BY: PT Susan M. Shanahan 976059 O&7 & E-MAIL ***STRICKEN. SEE ORDER DATED 05/07/2008***
04/21/2008 MOTION-BRIEF AMENDMENT PT State Of Florida state1 BY: PT Susan M. Shanahan 976059 FILED AS "PETITIONER'S MOTION TO ACCEPT FILING OF SECOND AMENDED REPLY BRIEF ON THE MERITS WITH AMENDED TABLES OF AUTHORITIES"
04/21/2008 REPLY AMD BRIEF-MERITS PT State Of Florida state1 BY: PT Susan M. Shanahan 976059 O&7 & NO E-MAIL (FILED AS "PETITIONER'S SECOND AMENDED REPLY BRIEF ON THE MERITS")
05/07/2008 ORDER-BRIEF AMENDMENT GR Petitioner's Motion to Accept Filing of Second Amended Reply Brief on the Merits with Amended Table of Authorities is granted and said amended brief was filed with this Court on April 21, 2008. Petitioner's amended reply brief filed with this Court on April 17, 2008, is hereby stricken.
06/04/2008 NOTICE-SUPPLEMENTAL AUTHORITY RS Randy Dewayne Gibson BY: RS Carol J. Y. Wilson 368512 O&7
06/10/2008 ORAL ARGUMENT HELD
07/03/2008 DISP-REV DISM IMPROVIDENTLY GRANTED (OA) We initially accepted jurisdiction of this case, Gibson v. State, 968 So. 2d 631 (Fla. 2d DCA 2007), on the basis of certified direct conflict with State v. Coleman, 911 So. 2d 259 (Fla. 5th DCA 2005), and State v. Laveroni, 910 So. 2d 333 (Fla. 4th DCA 2005). Upon further consideration, we have determined that we should exercise our discretion and discharge jurisdiction. Accordingly, we hereby discharge jurisdiction and dismiss review.
07/28/2008 MANDATE CC: COUNSEL
07/28/2008 RECORD/TRANSCRIPT RETURNED Hon. James Birkhold BY: Hon. James Birkhold , 4 VOLUMES BRIEFS AND 1 VOLUME BRIEFS
08/29/2008 ARCHIVES file