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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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09/10/2009
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NOTICE-DISCRETIONARY JURIS (CERT GPI)
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PT State Of Florida state1 BY: PT Susan D. Dunlevy 229032
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09/15/2009
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No Fee - State
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10/01/2009
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MOTION-STAY (PROCEEDINGS BELOW)
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PT State Of Florida state1 BY: PT Susan D. Dunlevy 229032
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11/16/2009
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ORDER-STAY PROCEEDINGS BELOW GR
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Petitioner's motion to stay filed in the above cause is granted and proceedings in the Second District Court of Appeal and in the Circuit Court of the Tenth Judicial Circuit in and for Polk County, Florida, are hereby stayed pending disposition of the petition for review filed herein.
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11/16/2009
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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 December 11, 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 Second District Court of Appeal shall file the original record which shall be properly indexed and paginated on or before January 19, 2010. The record shall include the briefs filed in the district court separately indexed.
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12/14/2009
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INITIAL BRIEF-MERITS
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PT State Of Florida state1 BY: PT Susan D. Dunlevy 229032
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O&7 & E-MAIL (NO APPENDIX)
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12/18/2009
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APPENDIX
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PT State Of Florida state1 BY: PT Susan D. Dunlevy 229032
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TO INITIAL BRIEF MERITS (O&7)
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12/18/2009
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RECORD/TRANSCRIPT
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Hon. James Birkhold BY: Hon. James Birkhold
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1 CERT. OF CLERK, 1 VOL. BRIEFS, 1 VOL. RECORD & E-MAIL
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12/24/2009
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MOTION-EXT OF TIME (ANSWER BRIEF-MERITS)
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RS Kathy Jo Cable BY: RS John C. Fisher 999865
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12/24/2009
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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 25, 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.
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02/05/2010
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MOTION-ACCEPTANCE AS TIMELY FILED (BRIEF)
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RS Kathy Jo Cable BY: RS John C. Fisher 999865
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02/05/2010
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ANSWER BRIEF-MERITS
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RS Kathy Jo Cable BY: RS John C. Fisher 999865
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O&7 & E-MAIL (SERVED 8 DAYS LATE)
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02/22/2010
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ORDER-ACCEPTANCE AS TIMELY FILED GR (BRIEF)
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Respondent's motion to accept brief as timely filed is granted and respondent's answer brief on the merits was filed with this Court on February 5, 2010.
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04/05/2010
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ORAL ARGUMENT CALENDAR
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04/05/2010
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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., Tuesday, June 8, 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.
NO CONTINUANCES WILL BE GRANTED EXCEPT UPON A SHOWING OF EXTREME HARDSHIP.
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06/01/2010
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NOTICE-SUPPLEMENTAL AUTHORITY
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PT State Of Florida state1 BY: PT Susan D. Dunlevy 229032
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O&7
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06/04/2010
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NOTICE-SUPPLEMENTAL AUTHORITY
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PT State Of Florida state1 BY: PT Susan D. Dunlevy 229032
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O&8 (AUTHORITIES CITED NOT ATTACHED) ***STRICKEN. SEE ORDER DATED 06/08/2010***
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06/07/2010
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NOTICE-SUPPLEMENTAL AUTHORITY
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PT State Of Florida state1 BY: PT Susan D. Dunlevy 229032
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AMENDED (O&7)
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06/08/2010
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ORDER-SUPP AUTHORITY STRICKEN
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Petitioner's Notice of Supplemental Authority filed with this Court on June 4, 2010, does not comply with Florida Rule of Appellate Procedure 9.225 and is hereby stricken as it does not contain a copy of the cited authorities.
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06/08/2010
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ORAL ARGUMENT HELD
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12/09/2010
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DISP-APPROVED
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For the foregoing reasons, we answer the certified question of great public importance in the affirmative and approve the Second District's decision in Cable. We disapprove of the Third District's alternative holding in Brown, which relied on Hudson and the 1982 constitutional amendment to conclude that the exclusionary remedy no longer existed for statutory knock-and-announce violations. We remand to the Second District for proceedings consistent with this opinion.
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01/07/2011
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RECORD/TRANSCRIPT RETURNED
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Hon. James Birkhold BY: Hon. James Birkhold
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1 VOLUME RECORD AND 1 VOLUME BRIEFS
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01/07/2011
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MANDATE
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CC: COUNSEL
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02/17/2011
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