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Doc. Date Docketed Description Filed by Notes
08/17/2009 NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT) PT Gregory Ponton BY: PT Gregory Ponton FILED AS "NOTICE-APPEAL" & TREATED AS NOTICE-DISCRETIONARY JURIS
08/26/2009 No Fee Required SUMMARY APPEAL 9.141
08/28/2009 ORDER-STAY PROCEEDINGS FSC (DCA REH) The proceedings in the above cause are hereby stayed in this Court pending disposition of the Motion for Certification in the Third District Court of Appeal. Counsel is to advise this Court thirty days from the date of this order, and every thirty days thereafter, of the status of the motion for certification which is now pending in said district court. (10/05/2009: AMENDED MOTION TO CORRECT THE MOTION THAT IS PENDING IN THIRD DCA)
10/02/2009 STATUS REPORT MOTION FOR CERTIFICATION WAS DENIED 09/23/2009 PS Gregory Ponton 067776 BY: PS Gregory Ponton 067776
10/05/2009 ORDER-DISTRICT COURT OF APPEAL DATED 09/23/2009, UPON CONSIDERATION, APPELLANT'S SUGGESTION OF CERTIFICATION IS DENIED.
10/07/2009 ORDER-BRIEF SCHED (MISC) The Court having been notified that the motion for rehearing filed in the Third District Court of Appeal is now final, the notice of appeal filed with this Court on August 17, 2009, has been treated as a notice to invoke discretionary jurisdiction. Petitioner is allowed to and including October 22, 2009, in which to serve the initial brief on jurisdiction with appendix. Respondent shall have twenty days after service of petitioner's initial brief on jurisdiction in which to serve the answer brief on jurisdiction.
10/22/2009 JURIS INITIAL BRIEF PT Gregory Ponton BY: PT Gregory Ponton W/APPENDIX (O&5 & E-MAIL)
11/18/2009 JURIS ANSWER BRIEF RS State Of Florida state1 BY: RS Linda S. Katz 672378 O&5 & E-MAIL
03/19/2010 LETTER PT Gregory Ponton BY: PT Gregory Ponton DATED 03/17/2010 (03/25/2010: ADVISED CASE IS STILL PENDING AND THE JURIS INITIAL BRIEF WAS RECEIVED ON 10/22/2009, AND A COPY OF THE LETTER IS BEING SENT TO THIRD DCA TO RESPOND HOW THEY SO CHOOSE)
03/25/2010 LETTER-CASE STATUS INQUIRY Alfonso Ponton 069901 BY:
05/07/2010 NOTICE-ADDRESS CHANGE PT Gregory Ponton BY: PT Gregory Ponton OKALOOSA CORRECTIONAL INSTITUTION
05/19/2010 NOTICE-ADDRESS CHANGE PT Gregory Ponton BY: PT Gregory Ponton OKALOOSA CORRECTIONAL INSTITUTION
05/28/2010 ORDER-NO REQ&BRIEF SCHED/COUNS APPT/JURIS ACCEPTED It is ordered that Randall O. Reder of 1319 West Fletcher Avenue Tampa, Florida 33612-3310 is hereby appointed as counsel for petitioner. All further pleadings for petitioner shall be filed by the petitioner'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 and dispenses with oral argument pursuant to Florida Rule of Appellate Procedure 9.320. Petitioner's brief on the merits shall be served on or before June 22, 2010; 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. 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. The Clerk of the Third District Court of Appeal shall file the original record which shall be properly indexed and paginated on or before July 29, 2010. The record shall include the briefs filed in the district court separately indexed.
06/23/2010 MOTION-EXT OF TIME (INITIAL BRIEF-MERITS) PT Gregory Ponton BY: PT Randall Odo Reder 264210 O&1
06/24/2010 ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS)
07/26/2010 INITIAL BRIEF-MERITS PT Gregory Ponton BY: PT Randall Odo Reder 264210 O&7 & E-MAIL
08/02/2010 RECORD/TRANSCRIPT Mary Cay Blanks BY: Mary Cay Blanks 1 VOLUME CC PAPERS AND 1 VOLUME RECORD
08/06/2010 APPENDIX PT Gregory Ponton BY: PT Randall Odo Reder 264210 TO INITIAL BRIEF-MERITS
08/18/2010 MOTION-EXT OF TIME (ANSWER BRIEF-MERITS) RS State Of Florida state1 BY: RS Linda S. Katz 672378 O&8
08/25/2010 ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS)
09/17/2010 ANSWER BRIEF-MERITS RS State Of Florida state1 BY: RS Linda S. Katz 672378 O&7 & E-MAIL
10/15/2010 REPLY BRIEF-MERITS PT Gregory Ponton BY: PT Randall Odo Reder 264210 W/APPENDIX (O&7 & E-MAIL)
10/15/2010 MOTION-RECORD SUPPLEMENTATION PT Gregory Ponton BY: PT Randall Odo Reder 264210 W/ATTACHMENT
12/22/2010 ORDER-RECORD SUPPLEMENTATION GR (DCA) Petitioner's motion to supplement the record is granted. The Third District Court of Appeal is hereby directed, on or before January 21, 2011, to supplement the record on appeal with petitioner's motion to sever which was filed in the circuit court and the circuit court order denying said motion. (12/22/2010: SENT THIRD DCA CLERK A COPY OF PETITIONER'S MOTION ALONG W/ORDER)
01/18/2011 SUPP RECORD/TRANSCRIPT Mary Cay Blanks BY: Mary Cay Blanks 1 VOLUME
05/23/2011 LETTER-CASE STATUS INQUIRY PT Gregory Ponton BY: PT Randall Odo Reder 264210 05/26/2011: ADVISED ORAL ARGUMENT WAS NOT HELD AND ADVISED CASE IS STILL PENDING BEFORE THE COURT
06/30/2011 DISP-APPROVED IN RESULT For the reasons explained above, we approve the result of the Third District's decision in Ponton and disapprove the decision in Rutherford.
07/15/2011 MOTION-REHEARING PT Gregory Ponton BY: PT Gregory Ponton (RC) (07/18/2011: AMD MOT/REHEARING (HANDWRITTEN) (O&2); 07/21/2011: AMD MOT/REHEARING (TYPED))
07/18/2011 MOTION-MOTION AMENDMENT/SUPPLEMENT PT Gregory Ponton BY: PT Gregory Ponton FILED AS "PETITIONER'S MOTION TO STRIKE MOTION FOR REHEARING AND GRANT PETITIONER LEAVE TO FILE MOTION FOR REHEARING"
07/18/2011 MOTION-OTHER SUBSTANTIVE PT Gregory Ponton BY: PT Gregory Ponton FILED AS "MOTION TO DELAY RULING ON MOTION FOR REHEARING"
09/08/2011 NOTICE-INQUIRY PT Gregory Ponton BY: PT Gregory Ponton 09/08/2011: ADVISED CASE IS STILL PENDING IN THIS COURT
10/14/2011 DISP-REHEARING DY Petitioner's Motion for Rehearing is hereby denied. (rc)
10/14/2011 ORDER-OTHER SUBSTANTIVE DY Petitioner's Motion to Strike Motion for Rehearing and Grant Petitioner Leave to File Motion for Rehearing and Petitioner's Motion to Delay Ruling on Motion for Rehearing are hereby denied.
10/28/2011 MOTION-REHEARING/REINST STRICKEN (UNAUTHORIZED) PT Gregory Ponton BY: PT Gregory Ponton FILED AS "MOTION REINSTATE PETITION FOR DISCRETIONARY REVIEW OF APPEAL" (11/18/2011: TYPED COPY FILED O&2)
01/17/2012 ORDER-STRICKEN CASE FINAL Petitioner's "Motion to Reinstate Petition for Discretionary Review or Appeal" filed with this Court on October 28, 2011, and November 18, 2011, is hereby stricken as unauthorized. PLEASE BE ADVISED THAT THE ABOVE STYLED CASE IS FINAL IN THIS COURT AND NO FURTHER PLEADINGS MAY BE FILED. ANY FURTHER FILINGS WILL NOT BE RESPONDED TO AND PLACED IN A MISCELLANEOUS FILE.
03/07/2012 RECORD/TRANSCRIPT RETURNED 1 VOLUME OF RECORD & 1 VOLUME SUPPLEMENTAL RECORD
07/17/2012 ARCHIVES File