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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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06/15/2009
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NOTICE-DISCRETIONARY JURIS (CERT DIRECT CONFLICT)
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PT Mark Henry, Warden BY: PT Beverly Brewster 974986
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06/18/2009
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MOTION-STAY (PROCEEDINGS BELOW)
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PT Mark Henry, Warden BY: PT Beverly Brewster 974986
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06/19/2009
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No Fee - State
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06/22/2009
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JURIS INITIAL BRIEF
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PT Mark Henry, Warden BY: PT Beverly Brewster 974986
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W/APPENDIX (0&5 & E-MAIL)
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07/02/2009
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ORDER-STAY PROCEEDINGS BELOW DY
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07/30/2009
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ORDER-BRIEF NON-FILING (ANSWER BRIEF)
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Counsel for respondent having not filed an answer brief, the above case has been submitted to the Court for consideration.
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09/09/2009
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ORDER-JURIS ACCEPT/BRIEF/COUNS (OA LATER DATE)
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It is ordered that Henry G. Gyden of Swope Rodante, P.A. 1234 East Fifth Avenue Tampa, Florida 33605-4904 is hereby appointed as counsel for respondent. All further pleadings for respondent shall be filed by the respondent's counsel only.
Pursuant to Florida Rule of Appellate Procedure 9.140(f)(4), the district court of appeal is hereby directed, within twenty days from the date of this order, to provide to the above newly appointed counsel a copy of all filings before their court, including the record on appeal.
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 5, 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 First District Court of Appeal shall file the original record which shall be properly indexed and paginated on or before November 9, 2009. The record shall include the briefs filed in the district court separately indexed.
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10/01/2009
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MOTION-EXT OF TIME (INITIAL BRIEF-MERITS)
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PT Mark Henry, Warden BY: PT Beverly Brewster 974986
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10/05/2009
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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 November 4, 2009, in which to serve the initial brief on the merits.
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11/04/2009
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INITIAL BRIEF-MERITS
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PT Mark Henry, Warden BY: PT Beverly Brewster 974986
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O&7 & E-MAIL (NO APPENDIX) (11/05/2009: O&7 OF APP REQ'D)
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11/05/2009
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APPENDIX
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PT Florida Department Of Corrections DOC BY: PT Beverly Brewster 974986
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(TO PET'S INITIAL BRIEF-MERITS) O&7
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11/25/2009
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MOTION-EXT OF TIME (ANSWER BRIEF-MERITS)
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RS Runner O. Santana BY: RS Henry G. Gyden 158127
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12/02/2009
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ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS)
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Respondent's motion for extension of time is granted and respondent is allowed to and including December 29, 2009, in which to serve the answer brief on the merits.
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12/07/2009
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RECORD/TRANSCRIPT
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Jon S. Wheeler BY: Jon S. Wheeler
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CONSISTING OF 1 VOLUME OF RECORD W/BRIEFS AND CC COPIES OF APPEAL PAPERS
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12/30/2009
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MOTION-EXT OF TIME (ANSWER BRIEF-MERITS)
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RS Runner O. Santana BY: RS Henry G. Gyden 158127
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12/31/2009
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ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS)
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Respondent's motion for extension of time is granted and respondent is allowed to and including January 4, 2010, 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. 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.
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01/07/2010
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ANSWER BRIEF-MERITS
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RS Runner O. Santana BY: RS Henry G. Gyden 158127
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O&7 & E-MAIL
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01/28/2010
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MOTION-DISMISS
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RS Runner O. Santana BY: RS Henry G. Gyden 158127
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FILED AS "RESPONDENT'S MOTION TO DISMISS APPEAL AS MOOT DUE TO RELEASE" (O&7) - (SEE ORDER DATED 05/10/2010)
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01/29/2010
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REPLY BRIEF-MERITS
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PT Florida Department Of Corrections DOC BY: PT Beverly Brewster 974986
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O&7 & E-MAIL
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02/03/2010
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MOTION-BRIEF AMENDMENT
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RS Runner O. Santana BY: RS Henry G. Gyden 158127
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RESPONDENT'S MOTION TO FILE AMENDED ANSWER BRIEF (O&1)
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02/05/2010
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RESPONSE
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PT Mark Henry, Warden BY: PT Beverly Brewster 974986
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IN OPPOSITION TO MOTION TO DISMISS
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02/08/2010
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RESPONSE
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PT Mark Henry, Warden BY: PT Beverly Brewster 974986
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IN OPPOSITION TO MOTION TO FILE AMENDED ANSWER BRIEF AND MOTION TO STRIKE AMENDED ANSWER BRIEF
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05/10/2010
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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., Wednesday, September 1, 2010.
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.
Parties should be prepared to discuss respondent's Motion to Dismiss Appeal as Moot Due to Release at oral argument.
NO CONTINUANCES WILL BE GRANTED EXCEPT UPON A SHOWING OF EXTREME HARDSHIP.
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05/10/2010
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ORAL ARGUMENT CALENDAR
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05/10/2010
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ORDER-OTHER SUBSTANTIVE DY
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Respondent's Motion to File Amended Answer Brief is hereby denied.
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08/24/2010
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NOTICE-APPEARANCE
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PT Mark Henry, Warden BY: PT Carolyn J. Mosley 593280
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FOR ORAL ARGUMENT SET FOR SEPTEMBER 1, 2010 BY CAROLYN J. MOSLEY AS COUNSEL FOR PETITIONER (8 COPIES MADE)
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08/26/2010
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NOTICE-SUPPLEMENTAL AUTHORITY
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PT Mark Henry, Warden BY: PT Carolyn J. Mosley 593280
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O&7
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08/30/2010
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NOTICE-SUPPLEMENTAL AUTHORITY
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PT Mark Henry, Warden BY: PT Carolyn J. Mosley 593280
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O&7
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08/31/2010
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NOTICE-SUPPLEMENTAL AUTHORITY
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RS Runner O. Santana BY: RS Henry G. Gyden 158127
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O&7
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09/01/2010
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ORAL ARGUMENT HELD
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09/22/2010
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NOTICE-SUPPLEMENTAL AUTHORITY
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PT Mark Henry, Warden BY: PT Carolyn J. Mosley 593280
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O&7
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04/28/2011
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ORDER-DISMISS DY
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Respondent's Motion to Dismiss Appeal as Moot Due to Release is hereby denied.
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04/28/2011
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DISP-APPROVED
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Based on the above, we approve the First District Court of Appeal's decision below and disapprove the Third District Court of Appeal's decision in Pope v. State, 898 So. 2d 253 (Fla. 3d DCA 2005), to the extent it is inconsistent with this opinion.
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05/19/2011
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MANDATE
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CC: COUNSEL
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05/19/2011
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RECORD/TRANSCRIPT RETURNED
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Jon S. Wheeler BY: Jon S. Wheeler
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1 VOLUME RECORD AND 2 VOLUMES BRIEFS
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08/31/2011
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ARCHIVES
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File
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