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Doc. Date Docketed Description Filed by Notes
03/15/2007 NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT) PT State Of Florida state1 BY: PT Chandra Waite Dasrat 569331
03/23/2007 No Fee - State STATE APPEAL
03/28/2007 JURIS INITIAL BRIEF PT State Of Florida state1 BY: PT Chandra Waite Dasrat 569331 (O&7 & E-MAIL) (NO APPENDIX) (BRIEF 4 DAYS LATE)
03/28/2007 MOTION-ACCEPTANCE AS TIMELY FILED (BRIEF) PT State Of Florida state1 BY: PT Chandra Waite Dasrat 569331 04/05/07 - AMENDED MOTION - GRANT
03/30/2007 MOTION-STAY (PROCEEDINGS BELOW) PT State Of Florida state1 BY: PT Chandra Waite Dasrat 569331
04/05/2007 APPENDIX PT State Of Florida state1 BY: PT Chandra Waite Dasrat 569331 O&5 (NO CERT OF SERVICE FILED); 05/07/2007: CERT OF SERVICE FILED
04/10/2007 ORDER-STAY PROCEEDINGS BELOW DY Petitioner's motion to stay mandate filed in the above styled cause is hereby denied.
05/04/2007 ORDER-ACCEPTANCE AS TIMELY FILED GR (BRIEF) Petitioner's amended motion to accept brief as timely filed is granted and petitioner's brief on jurisdictional was filed with this Court on March 28, 2007.
05/07/2007 CERTIFICATE OF SERVICE PT State Of Florida STATE BY: PT Chandra Waite Dasrat 569331 FOR APPENDIX TO INIT. BRIEF
05/07/2007 ORDER-BRIEF NON-FILING (ANSWER BRIEF) Counsel for respondent having not filed an answer brief, the above case has been submitted to the Court for consideration.
10/02/2007 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 days prior to oral argument. Petitioner's initial brief on the merits shall be served on or before October 29, 2007; respondent's answer brief on the merits shall be served twenty days after service of petitioner's initial brief on the merits; and petitioner's reply brief on the merits shall be served twenty days after service of respondent's answer brief on the merits. Please file an original and seven copies of all briefs. The Clerk of the Second District Court of Appeal shall file the original record which shall be properly indexed and paginated on or before December 3, 2007. The record shall include the briefs filed in the district court separately indexed.
10/23/2007 RECORD/TRANSCRIPT Hon. James Birkhold BY: Hon. James Birkhold 1 VOLUME OF RECORD, 1 VOLUME OF BRIEFS, CERT. OF CLERK & E-MAIL
10/24/2007 MOTION-COUNS WITHDRAWAL RS Donald Moninger BY: WE Mark A Goettel 775665 FILED AS "MOTION TO WITHDRAW"
10/29/2007 NOTICE-APPEARANCE RS Donald Moninger BY: RS Ronald S Guralnick 111476 FILED AS "NOTICE OF APPEARANCE OF COUNSEL FOR RESPONDENT"
10/31/2007 INITIAL BRIEF-MERITS PT State Of Florida state1 BY: PT Chandra Waite Dasrat 569331 W/APPENDIX (O&7 & E-MAIL)
11/15/2007 ORDER-COUNS WITHDRAWAL GR The motion to withdraw as attorney of record for Donald Moninger is granted and Mark A. Goetel is hereby allowed to withdraw as counsel for Donald Moninger.
11/15/2007 MOTION-EXT OF TIME (ANSWER BRIEF-MERITS) RS Donald Moninger BY: RS Ronald S Guralnick 111476
11/16/2007 ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS) Respondent's motion for extension of time is granted and respondent is allowed to and including December 18, 2007, 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.
11/28/2007 ORDER-OA SCHED (PREV ACCEPTED) The Court previously accepted jurisdiction. The Court will hear oral argument at 9:00 a.m., Tuesday, April 8, 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.
11/28/2007 ORAL ARGUMENT CALENDAR
12/13/2007 ANSWER BRIEF-MERITS RS Donald Moninger BY: RS Ronald S Guralnick 111476 O&7 & E-MAIL
12/21/2007 MOTION-EXT OF TIME (REPLY BRIEF-MERITS) PT State Of Florida state1 BY: PT Chandra Waite Dasrat 569331
12/21/2007 ORDER-EXT OF TIME GR (REPLY BRIEF-MERITS) Petitioner's motion for extension of time is granted and petitioner is allowed to and including January 17, 2008, 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.
01/17/2008 REPLY BRIEF-MERITS PT State Of Florida state1 BY: PT Chandra Waite Dasrat 569331 O&7 (BRF NOT ATTACHED TO E-MAIL); REQ'D E-MAIL; 01/22/2008: BRIEF E-MAILED
01/17/2008 NOTICE-SUPPLEMENTAL AUTHORITY PT State Of Florida state1 BY: PT Chandra Waite Dasrat 569331 ORIGINAL ONLY (REQ'D 7 COPIES)
04/08/2008 ORAL ARGUMENT HELD
05/08/2008 DISP-REV DISM IMPROVIDENTLY GRANTED (OA) We originally accepted jurisdiction to review the decision of the Second District Court of Appeal in State v. Moninger, 957 So. 2d 2 (Fla. 2d DCA 2007), based on express and direct conflict with the decision of the Fourth District Court of Appeal in Treadway v. State, 534 So. 2d 825 (Fla. 4th DCA 1988). See art. V, § 3(b)(3), Fla. Const. After further consideration, we have determined that jurisdiction was improvidently granted. Accordingly, we hereby discharge jurisdiction and dismiss review.
06/02/2008 RECORD/TRANSCRIPT RETURNED Hon. James Birkhold BY: Hon. James Birkhold 1 VOLUME OF RECORD, 1 VOLUME OF BRIEFS
07/17/2008 ARCHIVES