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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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12/01/2008
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NOTICE-DISCRETIONARY JURIS (CERT GPI)
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PT State Of Florida state1 BY: PT Katherine Yzquierdo Mcintire 521159
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12/12/2008
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No Fee Required
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12/30/2008
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NOTICE-APPEARANCE
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PT State Of Florida state1 BY: PT Thomas David Winokur 906336
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BY THOMAS D. WINOKUR ON BEHALF OF PETITIONER
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02/05/2009
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ORDER-JURIS ACCEPT/BRIEF SCHED (OA LATER DATE)
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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 March 2, 2009; 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 Fourth District Court of Appeal shall file the original record which shall be properly indexed and paginated on or before April 6, 2009. The record shall include the briefs filed in the district court separately indexed.
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02/05/2009
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LETTER-CANON NOTIFICATION RE: JUSTICE
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RE: JUSTICE PARIENTE
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02/09/2009
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NOTICE-APPEARANCE
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RS Lawrence Andrew Nelson BY: WE Lorena Mastrarrigo 180841
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BY LORENA MASTRARRIGO ON BEHALF OF RESPONDENT
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03/02/2009
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MOTION-EXT OF TIME (INITIAL BRIEF-MERITS)
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PT State Of Florida state1 BY: PT Thomas David Winokur 906336
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03/05/2009
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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 April 1, 2009, in which to serve the initial brief on the merits.
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03/09/2009
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RECORD/TRANSCRIPT
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Hon. Marilyn Nemzura Beuttenmuller, Clerk BY: Hon. Marilyn Nemzura Beuttenmuller, Clerk
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CONSISTING OF 1 VOLUME
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04/01/2009
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INITIAL BRIEF-MERITS
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PT State Of Florida state1 BY: PT Thomas David Winokur 906336
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O&7 & E-MAIL (NO APPENDIX) 04/03/2009: REQ'D O&7 OF APP
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04/07/2009
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APPENDIX
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PT State Of Florida state1 BY: PT Thomas David Winokur 906336
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(TO PET'S INITIAL BRIEF) O&7
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04/21/2009
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ANSWER BRIEF-MERITS
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RS Lawrence Andrew Nelson BY: RS Lorena Valenzuela
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W/APPENDIX (O&7 & E-MAIL)
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05/15/2009
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REPLY BRIEF-MERITS
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PT State Of Florida state1 BY: PT Thomas David Winokur 906336
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O&7 & E-MAIL
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05/29/2009
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MOTION-COUNS SUBSTITUTION
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RS Lawrence Andrew Nelson BY: RS Tammy Forrest 813273
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TAMMY FORREST WITH LAW FIRM OF GLANTZ & GLANTZ TO REPLACE LORENA MASTRARRIGO WHO IS NO LONGER EMPLOYED WITH LAW FIRM OF GLANTZ & GLANTZ (DOES NOT HAVE WRITTEN CONSENT OF THE CLIENT) (06/16/2009: WRITTEN CONSENT OF CLIENT FILED)
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06/01/2009
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ORDER-COUNS MOTION (NON-COMPLIANCE)
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Respondent's Motion for Substitution of Counsel, filed with this Court on May 29, 2009, does not comply with Florida Rule of Judicial Administration 2.505(e)(2). Respondent is hereby directed to file a proper motion with written consent of the client in compliance with said rule. Lorena Mastrarrigo will remain counsel of record for Andrew Nelson until a proper motion is filed and granted by this Court.
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06/02/2009
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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., Tuesday, September 1, 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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06/02/2009
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ORAL ARGUMENT CALENDAR
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06/23/2009
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ORDER-COUNS SUBSTITUTION GR
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The motion for substitution of counsel filed in the above cause is hereby granted and Tammy D. Forrest is hereby substituted as counsel for respondent.
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09/01/2009
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ORAL ARGUMENT HELD
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01/14/2010
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DISP-QUASHED & REMANDED
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For the above reasons, we answer the certified question in the affirmative and hold that when the State is entitled to the recapture period, a continuance that is chargeable to the defense and made after the expiration of the speedy trial period but before a defendant files a notice of expiration waives a defendant's speedy trial rights under the default period of the rule. Accordingly, we quash the decision of the Fourth District and remand for further proceedings consistent with this opinion. We further disapprove of the decisions under the current speedy trial rule to the extent that they hold otherwise.
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02/08/2010
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RECORD/TRANSCRIPT RETURNED
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Hon. Marilyn Nemzura Beuttenmuller, Clerk BY: Hon. Marilyn Nemzura Beuttenmuller, Clerk
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1 VOLUME
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02/08/2010
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MANDATE
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CC: COUNSEL
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03/01/2010
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