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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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08/18/2009
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NOTICE-DISCRETIONARY JURIS (CERT GPI)
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PT Susan Nader BY: PT Eilam Isaak 961108
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08/24/2009
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Filing Fee $300
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2009 - 1011729 Amount: $300
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08/24/2009
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Fee Paid in Full
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10/02/2009
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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 October 27, 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 Second District Court of Appeal shall file the original record which shall be properly indexed and paginated on or before December 2, 2009. The record shall include the briefs filed in the district court separately indexed.
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10/05/2009
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NOTICE-AMICUS CURIAE INTENT TO APPEAR
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Statewide Chapter Florida Assoction Of Criminal Defense Attorneys BY: MP Michael A. Catalano 371221
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O&8
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10/08/2009
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MOTION-AMICUS CURIAE
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MP Florida Association of Criminal Defense Lawyers, Inc. BY: MP Michael A. Catalano 371221
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FLORIDA ASSOCIATION OF CRIMINAL DEFENSE LAWYERS MOTION FOR LEAVE TO FILE AMICUS CURAIE BRIEF IN SUPPORT OF PETITIONER SUAN NADAR" (0&7)
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10/13/2009
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ORDER-AMICUS CURIAE GR
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The motion for leave to file brief as amicus curiae filed by The Florida Association of Criminal Defense Lawyers is hereby granted and they are allowed to file brief only in support of Petitioner. The brief by the above referenced amicus curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
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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10/29/2009
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MOTION-EXT OF TIME (INITIAL BRIEF-MERITS)
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PT Susan Nader BY: PT Eilam Isaak 961108
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11/02/2009
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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 December 28, 2009, in which to serve the initial brief on the merits.
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11/09/2009
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RECORD/TRANSCRIPT
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Hon. James Birkhold BY: Hon. James Birkhold
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CONSISTING OF 3 VOLUMES
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12/18/2009
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MOTION-EXT OF TIME (AMICUS CURIAE BRIEF)
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MP Florida Association of Criminal Defense Lawyers, Inc. BY: MP Michael A. Catalano 371221
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TO FILE AMICUS BRIEF
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12/30/2009
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INITIAL BRIEF-MERITS
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PT Susan Nader BY: PT Eilam Isaak 961108
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O&7 & E-MAIL (NO APPENDIX)
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01/04/2010
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ORDER-EXT OF TIME GR (AMICUS CURIAE)
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The motion for extension of time filed in the above case by FACDL is granted and said amicus curiae is allowed to and including January 19, 2010, in which to serve the amicus brief on the merits.
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01/07/2010
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APPENDIX
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PT Susan Nader BY: PT Eilam Isaak 961108
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TO MERITS INITIAL BRIEF (O&7)
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01/14/2010
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MOTION-EXT OF TIME (ANSWER BRIEF-MERITS)
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RS Florida Department Of Highway Safety And Motor Vehicles DHSMV BY: RS Damaris E. Reynolds 37176
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01/20/2010
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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 February 8, 2010, in which to serve the answer brief on the merits.
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01/21/2010
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AMICUS CURIAE INITIAL BRIEF-MERITS
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MP Florida Association of Criminal Defense Lawyers, Inc. BY: MP Michael A. Catalano 371221
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O&7 & E-MAIL
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01/21/2010
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APPENDIX
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MP Florida Association of Criminal Defense Lawyers, Inc. BY: MP Michael A. Catalano 371221
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O&7 TO AMICUS BRIEF FLORIDA ASSOC CRIMINAL DEF LAWYERS
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02/03/2010
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ANSWER BRIEF-MERITS
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RS Florida Department Of Highway Safety And Motor Vehicles DHSMV BY: RS Damaris E. Reynolds 37176
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W/APPENDIX (O&3 & E-MAIL)
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02/05/2010
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ANSWER BRIEF-MERITS
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RS Florida Department Of Highway Safety And Motor Vehicles DHSMV BY: RS Damaris E. Reynolds 37176
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W/APPENDIX (0&3 & E-MAIL) FILED AS "RESPONSE TO FACDL'S AMICUS BRIEF)
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02/10/2010
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MOTION-EXT OF TIME (REPLY BRIEF-MERITS)
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PT Susan Nader BY: PT Eilam Isaak 961108
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02/11/2010
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ORDER-BRIEF STRICKEN AS UNAUTHORIZED
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Respondent's Response to FACDL's Amicus Brief filed with this Court on February 3, 2010, is hereby stricken as unauthorized as there are no provisions in the Florida Rules of Appellate Procedure for the filing of separate answer briefs directed to amicus briefs. Respondent, if it so chooses, may serve on or before March 3, 2010, an original and seven copies of an amended answer brief in response to both initial brief and FACDL's amicus brief which does not exceed fifty pages in length. If respondent chooses not to file an amended answer brief, they shall immediatly notify this Court and petitioner in writing.
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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02/15/2010
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ORDER-EXT OF TIME GR (REPLY BRIEF-MERITS)
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Petitioner's motion for extension of time is granted and petitioner is allowed to and including March 31, 2010, in which to serve the reply brief on the merits.
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02/22/2010
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ANSWER AMD BRIEF-MERITS
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RS Florida Department Of Highway Safety And Motor Vehicles DHSMV BY: RS Damaris E. Reynolds 37176
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O&5 & E-MAIL -( 2 COPIES OF BRIEF) - 02/26/10: 2 COPIES OF BRIEF FILED
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02/22/2010
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ORDER-BRIEF STRICKEN
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In light of the filing of respondent's amended answer brief on merits filed with this Court on February 22, 2010, it is ordered that respondent's answer brief on merits filed with this Court on February 3, 2010, is hereby stricken.
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04/05/2010
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REQUEST-ORAL ARGUMENT
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PT Susan Nader BY: PT Eilam Isaak 961108
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04/05/2010
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REPLY BRIEF-MERITS
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PT Susan Nader BY: PT Eilam Isaak 961108
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O&7 (NOT E-FILED) FILED AS "PETITIONER'S REPLY TO THE RESONDENT'S AMENDED ANSWER BRIEF" (NO COVER SHEET; NO TABLE OF CONTENTS/CITATIONS/ NO ARGUMENT)
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04/06/2010
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ORDER-BRIEF STRICKEN (NON-COMPLIANCE)
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Petitioner's reply to the respondent's amended answer brief, which was filed with this Court on April 5, 2010, does not comply with Florida Rule of Appellate Procedure 9.210 and is hereby stricken. Petitioner is hereby directed, on or before April 26, 2010, to serve an original and seven copies of an amended reply brief which complies with said rule. 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. (04/19/10: ORDER AMENDED ADDING THE FOLLOWING LANGUAGE : with a Cover Page, a Table of Contents, a Table of Citations, and Argument, submitted in either Times New Roman 14 point font or Courier New 12 point font and include a Certificate of Compliance that immediately follows the Certificate of Service. The amended reply brief shall not exceed fifteen pages in length.)
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04/15/2010
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MOTION-REHEARING ON MISC ORDER
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PT Susan Nader BY: PT Eilam Isaak 961108
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FILED AS "MOTION FOR CLARIFICATION ON ORDER DATED 04/06/2010"
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04/19/2010
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ORDER-OTHER SUBSTANTIVE GR
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Upon consideration of Petitioner's Motion for Clarification on Order Dated April 6, 2010, this Court's order dated April 6, 2010, is hereby amended.
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04/29/2010
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REPLY AMD BRIEF-MERITS
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PT Susan Nader BY: PT Eilam Isaak 961108
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O&7 & E-MAIL
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05/07/2010
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ORDER-NO REQ SCHED (PREV ACCEPTED)
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The Court previously accepted jurisdiction and postponed its decision as to whether the above case will be submitted to the Court with or without oral argument. The Court has now determined that the above case will be submitted to the Court without oral argument.
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04/28/2011
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NOTICE-SUPPLEMENTAL AUTHORITY
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RS Florida Department Of Highway Safety And Motor Vehicles DHSMV BY: RS Damaris E. Reynolds 37176
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O&7
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02/23/2012
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DISP-APPROVED
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In conclusion, we answer the first certified question in the negative. The Second District properly found that there was no violation of the implied consent law under the circumstances of this case. Accordingly, we approve of the Second District's decision and disapprove the Fourth District's opinion in Clark to the extent that it concluded to the contrary. We answer the second question in the affirmative and hold that a district court may exercise its discretion to grant certiorari review of a circuit court decision reviewing an administrative order, so long as the decision under review violates a clearly established principle of law resulting in a miscarriage of justice, even if the circuit court decision was based on precedent from another district.
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03/13/2012
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MOTION-REHEARING
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PT Susan Nader BY: PT Eilam Isaak 961108
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FILED AS "MOTION FOR REHEARING AND/OR CLARIFICATION" (RC)
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03/19/2012
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RESPONSE
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RS Florida Department Of Highway Safety And Motor Vehicles DHSMV BY: RS Damaris E. Reynolds 37176
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TO MOTION FOR REHEARING AND/OR CLARIFICATION
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05/04/2012
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DISP-REHEARING DY
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Petitioner's Motion for Rehearing and/or Clarification is hereby denied. (RC)
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06/01/2012
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MANDATE
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CC: COUNSEL
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06/01/2012
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RECORD/TRANSCRIPT RETURNED
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Hon. James Birkhold BY: Hon. James Birkhold
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3 VOLUMES CONSTRUCTED RECORD
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10/18/2012
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ARCHIVES
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File
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