|
Doc.
|
Date Docketed
|
Description
|
Filed by
|
Notes
|
|
09/08/2008
|
NOTICE-DISCRETIONARY JURIS (CERT DIRECT CONFLICT)
|
PT Joseph Modeste BY: PT Frank J. Bankowitz 171977
|
|
|
09/12/2008
|
No Fee - Insolvent
|
|
INSOLVENT BELOW
|
|
09/12/2008
|
ORDER-FILING FEE DUE
|
|
The jurisdiction of this Court was invoked by the filing of a Notice to Invoke Discretionary Jurisdiction in the lower tribunal; however, said notice was not accompanied by the $300.00 filing fee or an order of insolvency from the district court of appeal as required by Florida Rules of Appellate Procedure 9.110(b) and 9.120(b). The filing fee is due and payable at the time of filing the notice. Petitioner is allowed to and including October 13, 2008, in which to submit the filing fee or an order of insolvency. Failure to submit either of the above referenced documents to this Court could result in the imposition of sanctions, including dismissal of the notice. Please understand that once this case is dismissed, it is not subject to reinstatement.
|
|
09/12/2008
|
JURIS INITIAL BRIEF
|
PT Joseph Modeste BY: PT Frank J. Bankowitz 171977
|
W/APPENDIX (O&5 AND NO E-MAIL) - APPENDIX CONTAINS MORE THAN THE DECISION TO BE REVIEWED
|
|
09/12/2008
|
ORDER-BRIEF/APPENDIX STRICKEN (NON-COMPLIANCE)
|
|
Petitioner's jurisdictional initial brief with appendix, which was filed with this Court on September 12, 2008, does not comply with Florida Rules of Appellate Procedure 9.120(d) and 9.210 and is hereby stricken. Petitioner is hereby directed, on or before October 2, 2008, to serve an original and five copies of an amended brief with appendix which shall contain only a conformed copy of the decision of the district court of appeal and shall be separately bound or separated from the brief by a divider and appropriate tab.
|
|
09/17/2008
|
ORDER-STAY PROCEEDINGS FSC (TAG CASE)
|
|
The proceedings in this Court in the above case are hereby stayed pending disposition of State v. Powell, Case No. SC07-2295, which is pending in this Court.
|
|
09/29/2008
|
JURIS INITIAL AMD BRIEF
|
PT Joseph Modeste BY: PT Frank J. Bankowitz 171977
|
W/APPENDIX (O&5 & E-MAIL)
|
|
09/29/2008
|
ORDER-CIRCUIT COURT
|
|
ORDER CONTINUING INDIGENCY FOR PURPOSE OF APPEAL DATED 09/25/2008
|
|
10/20/2008
|
JURIS ANSWER BRIEF
|
RS State Of Florida state1 BY: RS Wesley Harold Heidt 773026
|
W/APPENDIX (O&5 & E-MAIL) (PAGE 4 MISSING FROM BRIEFS) REQ'D O&5 OF AMEND BRIEF AND MOTION TO AMEND)
|
|
10/23/2008
|
MOTION-ACCEPTANCE AS TIMELY FILED (BRIEF)
|
RS State Of Florida state1 BY: RS Wesley Harold Heidt 773026
|
AMD MOT TO FILE AMEND JURIS ANS BRIEF (03/05/2009: SEE OPINION - DENIED AS MOOT)
|
|
10/23/2008
|
JURIS ANSWER AMD BRIEF
|
RS State Of Florida state1 BY: RS Wesley Harold Heidt 773026
|
W/APPENDIX (0&5 & E-MAIL) (03/05/2009: STRICKEN - MOTION DENIED AS MOOT - SEE OPINION)
|
|
12/30/2008
|
ORDER-SHOW CAUSE (TAG-REVERSE/QUASH)
|
|
Respondent is hereby directed to show cause on or before January 6, 2009, why this Court should not exercise jurisdiction in this case, summarily quash the decision being reviewed, and remand for reconsideration in light of our decision in State v. Powell, 33 Fla. L. Weekly S778 (Fla. Sept. 29, 2008).
Petitioner may serve a reply on or before January 12, 2009.
|
|
01/07/2009
|
RESPONSE
|
RS State Of Florida state1 BY: RS Wesley Harold Heidt 773026
|
TO ORDER DATED 12/30/2008.
|
|
01/12/2009
|
MOTION-OTHER SUBSTANTIVE
|
PT Joseph Modeste BY: PT Frank J. Bankowitz 171977
|
FILED AS "PETITION TO LIFT STAY" (& E-MAIL) (02/11/2009: SUPPLEMENTAL MOTION FILED) (03/05/2009: SEE OPINION - DENIED AS MOOT)
|
|
01/14/2009
|
REPLY TO RESPONSE
|
PT Joseph Modeste BY: PT Frank J. Bankowitz 171977
|
TO ORDER DATED 12/30/2008
|
|
02/11/2009
|
MOTION-RELINQUISH
|
PT Joseph Modeste BY: PT Frank J. Bankowitz 171977
|
JURISDICTION
|
|
03/05/2009
|
JURISDICTION ACCEPTED
|
|
SEE OPINION
|
|
03/05/2009
|
DISP-QUASHED & REMANDED
|
|
We have therefore determined to exercise jurisdiction and grant the petition for review in the present case. The decision under review is quashed, and this matter is remanded to the Fifth District Court for reconsideration upon application of this Court's decision in Powell. Petitioner's petition to lift stay is accordingly denied as moot, as are respondent's motion to file amended jurisdictional brief and motion to accept as timely filed.
|
|
03/12/2009
|
ORDER-RELINQUISHMENT DY
|
|
Petitioner's motion to relinquish jurisdiction is hereby denied as moot.
|
|
03/26/2009
|
MANDATE
|
|
CC: COUNSEL
|
|
05/15/2009
|
ARCHIVES
|
|
file
|
