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Doc.
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Date Docketed
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Description
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Filed by
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Notes
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09/29/2008
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NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT)
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PT Clayton Harris BY: PT Glen P. Gifford 664261
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10/02/2008
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JURIS INITIAL BRIEF
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PT Clayton Harris BY: PT Glen P. Gifford 664261
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W/APPENDIX (O&5)
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10/03/2008
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No Fee - Insolvent
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INSOLVENT BELOW
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10/03/2008
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DISP-REV DISM NO JURIS (DODI)
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It appearing to the Court that it is without jurisdiction, the Petition for Review is hereby dismissed. See Dodi Publishing Co. v. Editorial America, S.A., 385 So. 2d 1369 (Fla. 1980). No motion for rehearing will be entertained by the Court. (REINSTATED 10/17/2008)
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10/10/2008
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MOTION-REINSTATEMENT
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PT Clayton Harris BY: PT Glen P. Gifford 664261
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FILED AS "MOTION TO REINSTATE PETITION FOR DISCRETIONARY REVIEW" (RC)
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10/17/2008
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DISP-REINSTATEMENT GR (APPEAL/CERTIFIED/ORIG)
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The Motion for Reinstatement is hereby granted and it is ordered that the above case is reinstated. Petitioner's jurisdictional brief was filed with this Court on October 2, 2008. Respondent shall have to and including November 12, 2008, in which to serve the answer brief on jurisdiction. Failure to file the above referenced documents with this Court within the time frame allowed could result in the impostion of sanctions, including dismissal of the petition. 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.
(RC)
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10/22/2008
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JURIS ANSWER BRIEF
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RS State Of Florida state1 BY: RS Natalie D. Kirk 849421
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O&5 & E-MAIL (***STRICKEN*** - SEE 10/31/2008 ORDER)
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10/29/2008
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MOTION-MOTION AMENDMENT/SUPPLEMENT
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RS State Of Florida state1 BY: RS Natalie D. Kirk 849421
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FILED AS "MOTION TO ACCEPT AMENDED ANSWER BRIEF" (O&5)
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10/29/2008
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JURIS ANSWER AMD BRIEF
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RS State Of Florida state1 BY: RS Natalie D. Kirk 849421
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O&5& E-MAIL
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10/31/2008
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ORDER-BRIEF AMENDMENT GR
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Respondent's Motion to Accept Amended Answer Brief is granted and said amended jurisdictional answer brief was filed with this Court on October 29, 2008.
Respondent's jurisdictional answer brief filed with this Court on October 22, 2008, is hereby stricken.
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01/09/2009
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ORDER-JURIS ACCEPTED/BRIEF SCHED
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The Court accepts jurisdiction, but postpones its decision as to whether the above case will be submitted to the Court with or without oral argument.
Petitioner's brief on the merits shall be served on or before February 3, 2009; 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.
The Clerk of the First District Court of Appeal shall file the original record which shall be properly indexed and paginated on or before March 9, 2009. The record shall include the briefs filed in the district court separately indexed.
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02/02/2009
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MOTION-EXT OF TIME (INITIAL BRIEF-MERITS)
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PT Clayton Harris BY: PT Glen P. Gifford 664261
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02/02/2009
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MOTION-TOLL TIME
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PT Clayton Harris BY: PT Glen P. Gifford 664261
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TO FILE INITIAL BRIEF PENDING DISP OF MOT/EXT
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02/06/2009
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INITIAL BRIEF-MERITS
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PT Clayton Harris BY: PT Glen P. Gifford 664261
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W/APPENDIX (O&7 & E-MAIL)
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02/06/2009
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ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS)
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Petitioner's motion for extension of time is granted and petitioner is allowed to and including February 6, 2009, in which to serve the initial brief on the merits.
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03/04/2009
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ANSWER BRIEF-MERITS
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RS State Of Florida state1 BY: RS Natalie D. Kirk 849421
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O&7 & E-MAIL **STRICKEN** - SEE ORDER DATED 03/13/2009
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03/05/2009
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RECORD/TRANSCRIPT
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Jon S. Wheeler BY: Jon S. Wheeler
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CONSISTING OF 2 VOLUMES OF RECORD; CONSTRUCTED BRIEFS; AND CERT. COPY APPEAL PAPERS
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03/11/2009
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MOTION-BRIEF AMENDMENT
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RS State Of Florida state1 BY: RS Natalie D. Kirk 849421
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FILED AS "UNOPPOSED MOTION TO ACCEPT AMENDED ANSWER BRIEF" (O&7)
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03/11/2009
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ANSWER AMD BRIEF-MERITS
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RS State Of Florida state1 BY: RS Natalie D. Kirk 849421
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O&7 & E-MAIL
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03/13/2009
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ORDER-BRIEF AMENDMENT GR
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Respondent's Unopposed Motion to Accept Amended Answer Brief is granted and said amended brief was filed with this Court on March 11, 2009. Respondent's answer brief filed with this Court on March 4, 2009, is hereby stricken.
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03/27/2009
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REPLY BRIEF-MERITS
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PT Clayton Harris BY: PT Glen P. Gifford 664261
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O&7 & E-MAIL
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04/06/2009
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ORDER-OA SCHED (PREV ACCEPTED)
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The Court previously accepted jurisdiction. The Court will hear oral argument at 9:00 a.m., Thursday, June 4, 2009.
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.
NO CONTINUANCES WILL BE GRANTED EXCEPT UPON A SHOWING OF EXTREME HARDSHIP.
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04/06/2009
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ORAL ARGUMENT CALENDAR
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04/30/2009
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MOTION-AMICUS CURIAE
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DA2 Police K-9 Magazine BY: DA2 Arthur T. Daus, Iii 892688
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OF POLICE K-9 MAGAZINE AND CANINE DEVELOPMENT GROUP
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04/30/2009
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AMICUS CURIAE ANSWER BRIEF-MERITS
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DA2 Police K-9 Magazine BY: DA2 Arthur T. Daus, Iii 892688
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O&7 (***BRIEF STRICKEN)
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05/07/2009
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NOTICE-APPEARANCE
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RS State Of Florida state1 BY: RS Susan M. Shanahan 976059
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05/21/2009
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ORDER-AMICUS CURIAE DY
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The motion for leave to file a brief as amicus curiae filed in the above cause by Police K-9 Magazine and Canine Development Group on behalf of Respondent is hereby denied and the brief of amicus curiae filed with this Court on April 30, 2009, is hereby stricken.
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05/26/2009
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NOTICE-SUPPLEMENTAL AUTHORITY
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RS State Of Florida state1 BY: RS Susan M. Shanahan 976059
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O&7
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05/28/2009
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NOTICE-SUPPLEMENTAL AUTHORITY
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PT Clayton Harris BY: PT Glen P. Gifford 664261
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O&7
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06/04/2009
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ORAL ARGUMENT HELD
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06/11/2009
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NOTICE-SUPPLEMENTAL AUTHORITY
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RS State Of Florida state1 BY: RS Susan M. Shanahan 976059
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O&7
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03/01/2010
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NOTICE-SUPPLEMENTAL AUTHORITY
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PT Clayton Harris BY: PT Glen P. Gifford 664261
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O&7
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04/05/2010
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NOTICE-SUPPLEMENTAL AUTHORITY
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RS State Of Florida state1 BY: RS Susan M. Shanahan 976059
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O&7
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01/31/2011
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NOTICE-SUPPLEMENTAL AUTHORITY
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RS State Of Florida state1 BY: RS Susan M. Shanahan 976059
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O&7
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04/21/2011
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DISP-QUASHED & REMANDED
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For the above reasons, we quash Harris and disapprove Coleman and Laveroni. We approve Gibson and Matheson to the extent that they are consistent with this opinion. Because in this case the totality of the circumstances does not support a probable cause determination, the trial court should have granted the motion to suppress. We remand for proceedings consistent with this opinion. ***WITHDRAWN-SEE OPINION ISSUED 10/03/2013***
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05/06/2011
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MOTION-REHEARING
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RS State Of Florida state1 BY: RS Susan M. Shanahan 976059
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(RC)
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05/19/2011
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NOTICE-SUPPLEMENTAL AUTHORITY
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RS State Of Florida state1 BY: RS Susan M. Shanahan 976059
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O&7
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05/20/2011
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RESPONSE
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PT Clayton Harris BY: PT Glen P. Gifford 664261
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TO MOTION FOR REHEARING (O&7)
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09/22/2011
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DISP-REHEARING DY IN LIGHT OF REVISED OPINION
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In light of the revised opinion, the Respondent's Motion for Rehearing is hereby denied. (RC)
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10/13/2011
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MANDATE
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CC: COUNSEL
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10/13/2011
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RECORD/TRANSCRIPT RETURNED
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Jon S. Wheeler BY: Jon S. Wheeler
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2 VOLUMES RECORD AND 3 VOLUMES CONSTRUCTED BRIEFS
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12/05/2011
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ARCHIVES
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File
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12/21/2011
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USSC CERTIORARI
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11-817
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& DOCKETED 12/29/2011 AS 11-817
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01/09/2012
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USSC NOT/CERT FILED IN FSC
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11-817
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WRIT OF CERTIORARI PLACED ON DOCKET
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03/26/2012
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USSC MOT-IN FORMA PAUPERIS GRANTED
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11-817
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03/26/2012
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USSC CERTIORARI GRANTED
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11-817
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03/26/2012
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USSC NOT/CERT FILED IN FSC
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11-817
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MOTION FOR LEAVE TO FILE AMICUS GRANTED - NATIONAL POLICE CANINE ASSOC.
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08/02/2012
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USSC REQUEST FOR FSC ROA
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11-817
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DATED 07/17/2012
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08/08/2012
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ORDER-RECORD (REQUESTED FROM DCA FOR USSC)
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In light of the Supreme Court of the United States' request for this Court to certify and transmit immediately the entire record in the above referenced case, the Clerk of the First District Court of Appeal, is hereby directed to immediately file the original record which shall be properly indexed and paginated. The record shall include the briefs filed in the district court separately indexed. A copy of the Supreme Court of the United States' request is enclosed herewith.
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08/13/2012
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RECORD/TRANSCRIPT
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Jon S. Wheeler BY: Jon S. Wheeler
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6 VOLUMES (CONSISTING OF 1 VOLUME OF RECORD, 1 SUPPLEMENTAL VOLUME OF RECORD, 3 VOLUMES OF BRIEFS & 1 VOLUME OF CERTIFIED COPIES OF APPEAL PAPERS)
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08/16/2012
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ROA SENT TO USSC FROM FSC
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11-817
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CIRC CT (1 VOL & 1 SUPP VOL), DCA (3 VOLS BRIEFS & 1 VOL CC PAPERS), FSC (1 VOLUME-COPIES)
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08/16/2012
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LETTER
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Supreme Court Of Florida BY: Supreme Court Of Florida
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Dear Mr. Suter: Pursuant to your request, I am sending to you the record in the above cause. Please return upon disposition of the case in your Court. W/INDEX OF RECORD
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02/19/2013
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USSC OPINION RELEASED
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11-817
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We accordingly reverse the judgment of the Florida Supreme Court. It is so ordered.
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03/25/2013
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USSC MANDATE
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11-817
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& JUDGMENT
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05/01/2013
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ROA RETURNED TO FSC FROM USSC
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11-817
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CIRC CT (1 VOL & 1 SUPP VOL), DCA (3 VOLS BRIEFS & 1 VOL CC PAPERS), FSC (1 VOLUME-COPIES)
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07/25/2013
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ORDER-SHOW CAUSE (AFTER USSC REMAND)
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In light of the United States Supreme Court's opinion in the above referenced case, the parties are hereby directed to simultaneously show cause on or before August 14, 2013, why the opinion of the First District Court of Appeal should not be affirmed.
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08/14/2013
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RESPONSE
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RS State Of Florida state1 BY: RS Susan M. Shanahan 976059
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TO ORDER DATED JULY 25, 2013
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08/14/2013
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RESPONSE
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PT Clayton Harris BY: PT Glen P. Gifford 664261
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TO ORDER TO SHOW CAUSE
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10/03/2013
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DISP-APPROVED
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Following the United States Supreme Court's decision, on July 25, 2013, we ordered the parties to show cause why the opinion of the First District Court of Appeal should not be affirmed. After carefully considering the responses, we withdraw our prior opinion and now approve the decision of the First District. In addition, in light of the United States Supreme Court¿s decision, we approve State v. Coleman, 911 So. 2d 259 (Fla. 5th DCA 2005), and State v. Laveroni, 910 So. 2d 333 (Fla. 4th DCA 2005), and we disapprove Gibson v. State, 968 So. 2d 631 (Fla. 2d DCA 2007), and Matheson v. State, 870 So. 2d 8 (Fla. 2d DCA 2003), to the extent that these decisions are inconsistent with Harris. We remand this case to the First District for further proceedings consistent herewith. It is so ordered.
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10/09/2013
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MAIL RETURNED
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Hon. Kathy Brown, Clerk LIBERTY (OPINION DATED 10/03/2013) RETURN TO SENDER, NO MAIL RECEPTACLE, UNABLE TO FORWARD (10/15/2013: FORWARDED TO P.O. BOX)
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10/28/2013
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RECORD/TRANSCRIPT RETURNED
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6 VOLUMES (CONSISTING OF 1 VOLUME OF RECORD, 1 SUPPLEMENTAL VOLUME OF RECORD, 3 VOLUMES OF BRIEFS)
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