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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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01/08/2008
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CERTFD JUDGMENT FROM TRIAL COURT
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Jon S. Wheeler BY: Jon S. Wheeler
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01/08/2008
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No Fee - State
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01/08/2008
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ORDER-DISTRICT COURT OF APPEAL
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Appellant's suggestion for certification, filed December 27, 2007, is granted. The lower tribunal's order granting petition for writ of quo warranto, rendered on or about December 20, 2007, is hereby certified as a matter requiring immediate resolution by the Supreme Court of Florida because the issues presented are of great public importance or will have a great effect on the proper administration of justice throughout the state.
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01/08/2008
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MISC. DOCKET ENTRY
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PT Philip Joseph Massa 856789 BY: PT Louis F. Hubener 140084 - NOTICE OF APPEAL (FILED IN DCA 12/27/2007)
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01/08/2008
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ORDER-CIRCUIT COURT
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DATED 12/20/2007, GRANTING PETITION FOR WRIT OF QUO WARRANTO
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01/08/2008
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MISC. DOCKET ENTRY
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PT Philip Joseph Massa 856789 BY: PT Louis F. Hubener 140084 - DOCKETING STATEMENT AND NOTICE OF APPEARANCE OF COUNSEL (FILED IN DCA 01/03/2008)
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01/08/2008
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MISC. DOCKET ENTRY
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PT Philip Joseph Massa 856789 BY: PT Louis F. Hubener 140084 - EMERGENCY MOTION TO REQUIRE STAY OF ALL FURTHER PROCEEDINGS IN THE TRIAL COURT (FILED IN DCA 01/08/2008)
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01/09/2008
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ORDER-HIGH PROFILE
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Because of significant public and media interest in this matter, counsel for the parties are directed to hereafter file an original and eight copies of all pleadings filed with this Court. 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 documents, including any attachments and appendices, in an electronic format as required by the provisions of that order.
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01/09/2008
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ORDER-DISTRICT COURT OF APPEAL
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DATED 01/09/2008, DENYING APPELLANTS' EMERGENCY MOTION TO REQUIRE STAY OF ALL FURTHER PROCEEDINGS IN THE TRIAL COURT. THIS DISPOSITION IS WITHOUT PREJUDICE TO THE RIGHT OF EITHER PARTY TO SEEK REVIEW PURSUANT TO FLORIDA RULE OF APPELLATE PROCEDURE 9.310(F) OF THE TRIAL COURT'S ORDER ON MOTION TO VACATE THE AUTOMATIC STAY. ***FAXED COPY***
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01/11/2008
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ORDER-CIRCUIT COURT
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DATED 01/11/2008, ORDER GRANTING IN PART AND DENYING IN PART PETITIONER'S MOTION TO DECLARE AUTOMATIC STAY INAPPLICABLE OR, ALTERNATIVELY, DISSOLVE AUTOMATIC STAY (FAX)
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01/15/2008
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ORDER-OA&BRIEF SCHED/JURIS ACCEPTED (CERT JUDGMT)
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The First District Court of Appeal has certified, pursuant to article V, section 3(b)(5) of the Constitution of Florida, that the trial court passes upon a question of great public importance requiring immediate resolution by this Court. We accept jurisdiction. Briefs shall be filed as follows: Petitioner's brief on the merits shall be filed on or before 3:00 p.m. January 25, 2008; Respondent's answer brief on the merits shall be filed on or before 3:00 p.m. February 4, 2008; and Petitioner's reply brief on the merits shall be filed on or before 3:00 p.m. February 11, 2008. 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 Circuit Court of the Second Judicial Circuit shall file the original record which shall be properly indexed and paginated on or before January 25, 2008. IT IS FURTHER ORDERED that the above case has been set for oral argument at 9:00 a.m., Wednesday, February 27, 2008, with a maximum of twenty minutes to the side allowed for the argument. NO CONTINUANCES WILL BE GRANTED EXCEPT UPON A SHOWING OF EXTREME HARDSHIP.
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01/15/2008
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ORAL ARGUMENT CALENDAR
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01/15/2008
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MOTION-STAY (PROCEEDINGS BELOW)
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AA Philip Joseph Massa 856789 BY: AA Louis F. Hubener, Iii 140084
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(O&8 & E-MAIL) FILED AS "APPELLANTS' EMERGENCY MOTION FOR (1) REVIEW OF CIRCUIT COURT ORDER VACATING RULE 9.310 (B) (2) STAY OF ORDER UNDER APPEAL (CIRCUIT COURT ORDER GRANTING PETITION FOR WRIT OF QUO WARRANTO), AND (3) REINSTATEMENT OF THAT STAY"
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01/15/2008
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ORDER-RESPONSE/REPLY REQUESTED
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Appellants have filed an "Emergency Motion for (1) Review of Circuit Court Order Vacating Rule 9.310(B) (2) Stay of order under appeal (Circuit Court Order Granting Petition for Writ of Quo Warranto), and (2) Reinstatement of that Stay". Appellee is hereby directed to electronically file a response to the above-referenced motion by 3 p.m., Wednesday, January 16, 2008. The paper copy of the response shall be filed as soon thereafter as practical. (01/15/2008, ORDER WAS AMENDED TO EXTEND ELECTRONIC FILING UNTIL 3 P.M., WEDNESDAY, JANUARY 16, 2008)
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01/16/2008
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RESPONSE
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AE Florida Association of Criminal Defense Lawyers, Inc. BY: AE D. Todd Doss 910384
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TO APPELLANTS' "EMERGENCY MOTION FOR (1) REVIEW OF CIRCUIT COURT ORDER VACATING RULE 9.310 (B) (2) STAY OF ORDER UNDER APPEAL (CIRCUIT COURT ORDER GRANTING PETITION FOR WRIT OF QUO WARRANTO), AND (2) REINSTATEMENT OF THAT STAY" W/APPENDIX ***E-FILED*** (01/18/2008, O&8 FILED)
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01/17/2008
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ORDER-STAY PROCEEDINGS BELOW GR
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The Court has considered the Appellants' emergency motion to reinstate the automatic stay provided to them under Florida Rule of Appellate Procedure 9.310(b)(2) in appeals taken by the State of Florida and by public officials acting in their official capacity; and the Court has further considered the trial court's order, the responses filed by the parties in the trial court and in this Court, the record in this cause, and the criteria for vacating automatic stays, and hereby concludes that Appellee, Florida Association of Criminal Defense Lawyers, Inc., has not demonstrated the compelling circumstances required for vacating Appellants' automatic stay that is provided under rule 9.310(b)(2). Accordingly, it is ordered hat the motion to reinstate the automatic stay filed pursuant to rule 9.310(b)(2) is granted and the trial court's order dated January 11, 2008, which in part vacated the automatic stay, is hereby vacated. The automatic stay of proceedings in favor of Appellants, who are public officials acting in their official capacity, is reinstated.
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01/25/2008
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INITIAL BRIEF-MERITS
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AA Hon. Charles J. Crist, Jr. BY: AA Louis F. Hubener, Iii 140084
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W/APPENDIX (O&8 & E-MAIL)
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01/28/2008
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RECORD/TRANSCRIPT
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Hon. Bob Inzer, Clerk BY: Hon. Bob Inzer, Clerk
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2 VOLUMES OF RECORD AND 1 WALLET EXHIBITS
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02/04/2008
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ANSWER BRIEF-MERITS
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AE Florida Association of Criminal Defense Lawyers, Inc. BY: AE Sonya Rudenstine 711950
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W/APPENDIX (O&8 & E-MAIL)
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02/11/2008
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REPLY BRIEF-MERITS
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AA Hon. Charles J. Crist, Jr. BY: AA Louis F. Hubener, Iii 140084
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W/APPENDIX (O&8 & E-MAIL)
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02/27/2008
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ORAL ARGUMENT HELD
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03/13/2008
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DISP-REVERSED
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Based on the foregoing, we conclude that the Offices of the Criminal Conflict and Civil Regional Counsel are not a second-tier "appointed" public defender system in violation of article V, section 18 of the Florida Constitution. The Legislature's primary intent was to create a backup system to handle those cases in which a public defender has a conflict and to do so in a fiscally sound manner in accordance with constitutional principles of due process. Because the OCCCRC do not supplant or otherwise compete with the public defender, the five regional counsel are not subject to the qualifications for public defenders set forth in article V, section 18. Furthermore, we defer to the Legislature in cases involving the constitutionality of laws and weigh any doubt as to a law's validity in favor of constitutionality. For these reasons, we reverse the trial court's order and hold that the Act does not violate the constitution by allowing for the appointment and confirmation of the five regional counsel.
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04/03/2008
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MANDATE
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CC: COUNSEL
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04/03/2008
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RECORD/TRANSCRIPT RETURNED
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Hon. Bob Inzer, Clerk BY: Hon. Bob Inzer, Clerk
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2 VOLUMES, 1 WALLET EXHIBITS
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04/30/2008
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ARCHIVES
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file
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