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Doc. Date Docketed Description Filed by Notes
02/15/2007 NOTICE-DISCRETIONARY JURIS (CERT GPI) PT Michael Gisi BY: WD Charles E. Lykes, Jr. 291341 FILED AS A "NOTICE OF APPEAL" AND TREATED AS A NOTICE TO INVOKE DISCRETIONARY JURSIDCTION (TWO UNCERTIFIED COPIES REC'D 2/12/07)
02/15/2007 NOTICE-DISCRETIONARY JURIS (CERT GPI) PT Michael Gisi BY: PT Michael Gisi (2/23/07: STRICKEN AS UNAUTHORIZED)
02/23/2007 No Fee - Insolvent INSOLVENT BELOW
02/23/2007 ORDER-STRIKE The notice to invoke discretionary jurisdiction filed with this Court on February 15, 2007, by petitioner Michael Gisi, is hereby stricken as unauthorized as the notice was timely filed by counsel. Please be advised that all future filings need to be made though petitioner's counsel only.
02/28/2007 LETTER Hon. James Birkhold BY: Hon. James Birkhold DATED 02/26/2007 W/COPY OF MOTION-PROCEED IN FORMA PAUPERIS FILED IN DCA-2
03/08/2007 ORDER-NO REQ&BRIEF SCHED/JURIS ACCEPTED The Court accepts jurisdiction and dispenses with oral argument pursuant to Florida Rule of Appellate Procedure 9.320. Petitioner's brief on the merits shall be served on or before April, 2, 2007; 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. Per this Court's Administrative Order In Re: Mandatory Submission of Electronic Copies of Documents, AOSC04-84, dated September 13, 2004, counsel are directed to transmit a copy of all briefs in an electronic format as required by the provisions of that order. The Clerk of the Second District Court of Appeal shall file the original record which shall be properly indexed and paginated on or before May 7, 2007. The record shall include the briefs filed in the district court separately indexed.
03/15/2007 MOTION-COUNS DISMISSAL PT Michael Gisi BY: PT Michael Gisi FILED PRO SE BY PETITIONER (03/26/2007 - COPY FILED FROM DCA)
03/21/2007 RECORD/TRANSCRIPT Hon. James Birkhold BY: Hon. James Birkhold 1 VOL. BRIEFS, 1 VOL. RECORD, & CERT. OF CLERK
04/04/2007 INITIAL BRIEF-MERITS PT Michael Gisi BY: WD Charles E. Lykes, Jr. 291341 W/APPENDIX (O&7 & E-MAIL) (CONCLUSION MORE THAN ONE PAGE LONG, APPENDIX DOES NOT CONTAIN A COPY OF DCA DECISION)
04/04/2007 NOTICE-INQUIRY PT Michael Gisi BY: PT Michael Gisi RE: MOTION TO DISMISS APPELLATE COUNSEL (ADVISED THAT MOTION IS STILL PENDING BEFORE THIS COURT)
04/04/2007 REQUEST-ORAL ARGUMENT PT Michael Gisi BY: WD Charles E. Lykes, Jr. 291341 (O&3) FILED AS: "STATEMENT REGARDING ORAL ARGUMENT"
04/04/2007 ORDER-BRIEF/APPENDIX STRICKEN (NON-COMPLIANCE) Petitioner's initial brief on the merits with appendix, which was filed with this Court on April 4, 2007, does not comply with Florida Rules of Appellate Procedure 9.120(f) and 9.210 and is hereby stricken. Petitioner is hereby directed, on or before April 24, 2007, to serve an original and seven copies of an amended brief in which the conclusion is no more than one page in length. The amended brief shall be accompanied by an appendix that must include a conformed copy of the decision of the district court of appeal.
04/16/2007 ORDER-RESPONSE/REPLY REQUESTED Michael Gisi has filed a pro se Motion to Discharge Appellate Counsel. Charles E. Lykes, Jr., counsel for petitioner, is hereby requested to serve a response to the above-referenced motion. Further, counsel for respondent has been given the option to respond and said responses shall be served on or before May 7, 2007. Michael Gisi may serve his reply on or before May 17, 2007.
04/23/2007 INITIAL AMD BRIEF-MERITS PT Michael Gisi BY: WD Charles E. Lykes, Jr. 291341 W/APPENDIX (O&7) & E-MAIL (STRICKEN-SEE ORDER DATED 10/22/2007)
05/14/2007 RESPONSE PT Michael Gisi BY: WD Charles E. Lykes, Jr. 291341 TO 04/16/2007 ORDER
05/16/2007 ANSWER BRIEF-MERITS RS State Of Florida state1 BY: RS Richard Michael Fishkin 69965 W/APPENDIX (O&7 & E-MAIL)
05/18/2007 REPLY TO RESPONSE PT Michael Gisi BY: WD Charles E. Lykes, Jr. 291341 TO 04/16/2007 ORDER (BY MICHAEL GISI PRO SE)
05/25/2007 RESPONSE PT Michael Gisi BY: WD Charles E. Lykes, Jr. 291341 TO REPLY OF APPELLANT (REQ'D MOT TO ACCEPT)
05/31/2007 MOTION-STRIKE PT Michael Gisi BY: PT Michael Gisi FILED BY PETITIONER PRO SE "REPLY TO RESPONSE TO APPELLANT AND MOTION TO STRIKE/WITHDRAW BRIEF"
06/04/2007 MOTION-COUNS WITHDRAWAL PT Michael Gisi BY: WD Charles E. Lykes, Jr. 291341
07/16/2007 NOTICE-INQUIRY PT Michael Gisi BY: PT Michael Gisi FILED PRO SE (07/18/07: ADVISED PETITIONER MOTIONS ARE STILL PENDING)
08/13/2007 ORDER-COUNS WITHDRAWAL GR The motion to withdraw as attorney of record filed by Charles E. Lykes, Jr., on behalf of petitioner is hereby granted. Petitioner's Pro Se "Motion to Discharge Appellate Counsel" is hereby denied as moot.
08/13/2007 ORDER-STRIKE GR Upon consideration of Petitioner's Pro Se "Reply to Response to Appellant and Motion to Strike/Withdraw Brief", it is ordered that the motion is denied without prejudice to substituted counsel filing a motion to substitute petitioner's amended initial brief filed April 23, 2007, if substitute counsel is retained. Petitioner is allowed to and including August 21, 2007, in which to serve the reply brief on the merits.
08/23/2007 MOTION-EXT OF TIME (REPLY BRIEF-MERITS) PT Michael Gisi BY: PT Michael Gisi (DENIED AS MOOT-SEE ORDER DATED 10/22/2007)
08/23/2007 INITIAL AMD BRIEF-MERITS PT Michael Gisi BY: PT Michael Gisi (O&7)
08/23/2007 MOTION-OTHER SUBSTANTIVE PT Michael Gisi BY: PT Michael Gisi FILED AS "NOTICE OF APPEARANCE/MOTION TO SUBSTITUTE PETITIONER'S AMENDED INITIAL BRIEF/MOTION TO CLARIFY ORDER OF AUGUST 13, 2007" (SEE ORDER DATED 10/22/2007)
08/23/2007 APPENDIX PT Michael Gisi BY: PT Michael Gisi TO PETITIONER'S AMENDED INITIAL BRIEF (O&7)
10/22/2007 ORDER-OTHER SUBSTANTIVE GR Petitioner has filed a "Notice of Appearance/Motion to Substitute Petitioner's Amended Initial Brief/Motion to Clarify Order of August 13, 2007." Addressing in turn the three separate aspects of that filing: First, the Court treats petitioner's "Notice of Appearance" as a motion to proceed pro se. So treated, the motion is hereby granted. Second, petitioner's "Motion to Substitute Petitioner's Amended Initial Brief" is hereby granted. The "Amended Appeal Brief of Appellant," filed April 23, 2007, is accordingly stricken, and petitioner's "Pro-Se Petitioner's Substituted Amended Initial Brief," filed August 23, 2007, is hereby accepted and substituted therefore. Respondent shall have to and including November 16, 2007, to serve an amended answer brief on the merits or, alternatively, a notice advising the Court that it will not be amending its "Answer Brief of Appellee" filed May 16, 2007. Petitioner shall have twenty days after service of respondent's amended answer brief on the merits or notice in which to serve a reply brief on the merits. Petitioner's separately-filed "Motion for Extension of Time [to Serve Reply Brief]" is hereby accordingly denied as moot.
11/19/2007 MOTION-EXT OF TIME (REPLY BRIEF-MERITS) PT Michael Gisi BY: PT Michael Gisi
11/19/2007 MOTION-OTHER SUBSTANTIVE PT Michael Gisi BY: PT Michael Gisi FILED AS "MOTION FOR ORDER COMPELLING SERVICE OF ANSWER BRIEF OF APPELLEE ON APPELLANT/PETITIONER AND IMPOSITION OF SANCTIONS" (DENIED-SEE ORDER DATED 12/10/2007)
12/03/2007 NOTICE RS State Of Florida state1 BY: RS Richard Michael Fishkin 69965 NOTICE RESPONDENT WILL NOT FILE AMENDED ANSWER BRIEF (12/06/2007: COPY OF NOTICE TO COURT FILED)
12/10/2007 ORDER-EXT OF TIME GR (REPLY BRIEF-MERITS) Petitioner's "Motion for Order Compelling Service of Answer Brief of Appellee on Appellant/Petitioner and Imposition of Sanctions" is hereby denied. Enclosed with petitioner's copy of this order is a copy of respondent's answer brief filed May 16, 2007, for petitioner's use in drafting his reply brief. Petitioner's "Motion for Extension of Time" is hereby granted, rendering petitioner's reply brief due to be served by December 31, 2007.
01/02/2008 REPLY BRIEF-MERITS PT Michael Gisi BY: PT Michael Gisi O&7
01/11/2008 NOTICE-SUPPLEMENTAL AUTHORITY PT Michael Gisi BY: PT Michael Gisi O&1 (6 COPIES MADE) (01/29/2009: 1 COPY FILED)
07/17/2008 NOTICE-INQUIRY PT Michael Gisi BY: PT Michael Gisi (ADVISED REPLY BRIEF FILED 01/02/2008 AND CASE IS STILL PENDING)
01/05/2009 LETTER-CASE STATUS INQUIRY PT Michael Gisi BY: PT Michael Gisi DATED 12/24/2008 (01/08/2009: advised case still pending before this court)
01/29/2009 DISP-QUASHED & REMANDED Accordingly, for the reasons set out in Rabedeau, we answer the certified question in the affirmative, quash the decision under review and remand for further proceedings consistent herewith.
02/16/2009 MOTION-REHEARING PT Michael Gisi BY: PT Michael Gisi FILED AS "MOTION FOR REHEARING AND/OR CLARIFICATION" (RC)
03/02/2009 DISP-REHEARING DY Petitioner's "Motion for Rehearing and/or Clarification" is hereby denied. (RC)
05/01/2009 RECORD/TRANSCRIPT RETURNED Hon. James Birkhold BY: Hon. James Birkhold 1 VOL. BRIEFS, 1 VOL. RECORD
05/01/2009 MANDATE CC: COUNSEL
05/15/2009 ARCHIVES file