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Doc. Date Docketed Description Filed by Notes
10/26/2009 NOTICE-DISCRETIONARY JURIS (CERT DIRECT CONFLICT) PT State Of Florida state1 BY: PT Helene S. Parnes 955825 W/ATTACHMENTS
10/26/2009 No Fee - State
11/03/2009 JURIS INITIAL BRIEF PT State Of Florida state1 BY: PT Helene S. Parnes 955825 W/APPENDIX (O&5 & E-MAIL)
11/16/2009 MOTION-STAY (PROCEEDINGS BELOW) PT State Of Florida state1 BY: PT Sara E. Macks 19122 FILED AS "MOTION FOR REVIEW OF AN ORDER DENYING STAY OR, IN THE ALTERNATIVE, MOTION TO STAY THE MANDATE"
11/17/2009 RESPONSE RS Michelle Bowers BY: RS Christopher E. Cosden 813478 TO STATE'S MOTION TO STAY MANDATE (0&5 & E-MAIL)
11/18/2009 JURIS ANSWER BRIEF RS Michelle Bowers BY: RS Christopher E. Cosden 813478 O&5 & E-MAIL
11/30/2009 ORDER-STAY PROCEEDINGS BELOW GR 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 Twentieth Judicial Circuit in and for Lee County, Florida, are hereby stayed pending disposition of the petition for review filed herein.
11/30/2009 ORDER-JURIS ACCEPT/BRIEF SCHED (OA LATER DATE) 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 28, 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 29, 2010. The record shall include the briefs filed in the district court separately indexed.
11/30/2009 NOTICE-FILING RS Michelle Bowers BY: RS Christopher E. Cosden 813478 OF THE ORDER OF THE SECOND DISTRICT COURT OF APPEAL DATED 11/18/2009 AND CORRECTED OPINION (0&7)
12/21/2009 RECORD/TRANSCRIPT Hon. James Birkhold BY: Hon. James Birkhold CONSISTING OF 2 CONSTRUCTED VOLUMES OF RECORD (SEE ORDER DATED 02/16/2010 - RETURNED TO DCA-2 FOR CORRECTION
12/28/2009 MOTION-EXT OF TIME (INITIAL BRIEF-MERITS) PT State Of Florida state1 BY: PT Sara E. Macks 19122
12/28/2009 ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS) Petitioner's motion for extension of time is granted and petitioner is allowed to and including January 25, 2010, in which to serve the initial brief on the merits. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO PETITIONER FOR THE FILING OF THE INITIAL BRIEF ON THE MERITS. All other times will be extended accordingly.
01/29/2010 INITIAL BRIEF-MERITS PT State Of Florida state1 BY: PT Sara E. Macks 19122 O&7 & E-MAIL (NO APPENDIX) REQ'D O&7 OF APPENDIX
01/29/2010 MOTION-OTHER SUBSTANTIVE PT State Of Florida state1 BY: PT Sara E. Macks 19122 FILED AS "MOTION TO CORRECT THE RECORD"
02/01/2010 APPENDIX PT State Of Florida state1 BY: PT Sara E. Macks 19122 (TO INITIAL BRIEF-MERITS) - 0&7
02/16/2010 ORDER-OTHER SUBSTANTIVE GR Petitioner's Motion to Correct the Record is hereby granted and the record consisting of two constructed volumes filed with this Court on December 21, 2009, is hereby returned to the Second District Court of Appeal for correction. The Clerk of the Second District Court of Appeal shall file the corrected record immediately. Petitioner is allowed ten days after receipt of the corrected record in which to serve their initial brief on the merits, if necessary. Respondent is allowed thirty days after receipt of the corrected record in which to serve their answer brief on the merits. 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.
02/25/2010 RECORD/TRANSCRIPT Hon. James Birkhold BY: Hon. James Birkhold 2 VOLUMES (CORRECTED)
03/01/2010 INITIAL AMD BRIEF-MERITS PT State Of Florida state1 BY: PT Sara E. Macks 19122 W/APPENDIX (O&7 & E-MAIL
03/12/2010 ORDER-BRIEF STRICKEN In light of the filing of peititoner's amended initial brief on the merits filed with this Court on March 1, 2010, it is ordered that petitioner's initial brief on merits filed with this Court on January 29, 2010, is hereby stricken.
03/26/2010 REQUEST-ORAL ARGUMENT RS Michelle Bowers BY: RS Christopher E. Cosden 813478 O&7
03/26/2010 ANSWER BRIEF-MERITS RS Michelle Bowers BY: RS Christopher E. Cosden 813478 O&7 & E-MAIL
04/28/2010 NOTICE PT State Of Florida state1 BY: PT Sara E. Macks 19122 FILED AS "NOTICE OF NON-FILING OF REPLY BRIEF AND NOTICE OF OBJECTION TO SUPPLEMENTAL BRIEFING"
05/10/2010 ORDER-OA SCHED (PREV ACCEPTED) The Court previously accepted jurisdiction. The Court will hear oral argument at 9:00 a.m., Tuesday, August 31, 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.
05/10/2010 ORAL ARGUMENT CALENDAR
05/11/2010 ORDER-OTHER SUBSTANTIVE Although not briefed by the parties in the present case, counsel at oral argument on August 31, 2010, shall be prepared to discuss the following certified question from Department of Highway Safety and Motor Vehicles v. Nader, 4 So. 3d 705, 711 (Fla. 2d DCA 2009), presently pending review in this Court in Case No. SC09-1533: MAY A DISTRICT COURT GRANT COMMON LAW CERTIORARI RELIEF FROM A CIRCUIT COURT'S OPINION REVIEWING AN ADMINISTRATIVE ORDER WHEN THE CIRCUIT COURT APPLIED PRECEDENT FROM ANOTHER DISTRICT COURT BUT THE REVIEWING DISTRICT COURT CONCLUDES THAT THE PRECEDENT MISINTERPRETS CLEARLY ESTABLISHED STATUTORY LAW? Counsel may review the Nader merits briefs online at http://www.floridasupremecourt.org/clerk/briefs/2009/1401-1600/index.shtml.
08/19/2010 NOTICE-SUPPLEMENTAL AUTHORITY PT State Of Florida state1 BY: PT Sara E. Macks 19122 O&7
08/24/2010 MEMORANDUM OF LAW RS Michelle Bowers BY: RS Christopher E. Cosden 813478 (O&7)
08/30/2010 MOTION-STRIKE PT State Of Florida state1 BY: PT Sara E. Macks 19122 (DCA CERTIFIED COPY) FILED AS "MOTION TO STRIKE THE MEMORANDUM OF LAW OF RESPONDENT" - (09/01/2010: ORIG MOTION TO STRIKE FILED)
08/31/2010 ORAL ARGUMENT HELD
02/11/2011 ORDER-RECORD SUPPLEMENTATION GR (DCA) The Second District Court of Appeal is hereby directed, on or before March 14, 2011, to supplement the record on appeal with the brief initial docketed on September 12, 2007, index to record on appeal docketed on December 28, 2007, and brief answer docketed on February 14, 2008.
02/18/2011 ORDER-DISTRICT COURT OF APPEAL DATED 02/16/2011, DIRECTING CIRCUIT COURT TO PROVIDE COPIES OF DOCUMENTS WITHIN 10 DAYS
02/21/2011 LETTER RS Michelle Bowers BY: RS Christopher E. Cosden 813478 DATED 02/17/2011
02/23/2011 SUPP RECORD/TRANSCRIPT Hon. James Birkhold BY: Hon. James Birkhold 1 VOLUME
06/28/2011 NOTICE-SUPPLEMENTAL AUTHORITY RS Michelle Bowers BY: RS Christopher E. Cosden 813478 O&7 *STRICKEN* - SEE ORDER DATED 07/05/2011
07/05/2011 ORDER-SUPP AUTHORITY STRICKEN
07/12/2011 NOTICE-SUPPLEMENTAL AUTHORITY RS Michelle Bowers BY: RS Christopher E. Cosden 813478 AMENDED (O&7)
12/05/2011 NOTICE-SUPPLEMENTAL AUTHORITY PT State Of Florida state1 BY: PT Sara E. Macks 19122 O&7
02/23/2012 ORDER-STRIKE DY Petitioner's Motion to Strike the Memorandum of Law of Respondent is hereby denied as moot.
02/23/2012 DISP-APPROVED For the reasons addressed above, we conclude that not only was Ferrer wrongly decided but that it departed from our precedent in Peterson, which stressed the limits of the fellow officer rule. We disapprove the decision of the Fourth District in Ferrer and approve the decision of the Second District in Bowers. Our holding recognizes the need for efficient, practical law enforcement while still ensuring the full protection of the defendant's constitutional rights
03/09/2012 MOTION-REHEARING PT State Of Florida state1 BY: PT Sara E. Macks 19122 (03/13/2012: COPY FILED) (RC)
03/16/2012 RESPONSE RS Michelle Bowers BY: RS Christopher E. Cosden 813478 TO STATE'S MOTION FOR REHEARING (O&7)
05/04/2012 DISP-REHEARING DY Petitioner's Motion for Rehearing is hereby denied. (RC)
06/01/2012 MANDATE CC: COUNSEL
06/01/2012 RECORD/TRANSCRIPT RETURNED Hon. James Birkhold BY: Hon. James Birkhold 2 VOLUMES RECORD AND 1 SUPPLEMENTAL VOLUME RECORD
06/21/2012 MOTION-STAY (FSC PROCEEDINGS) PT State Of Florida state1 BY: PT Sara E. Macks 19122 FILED AS "MOTION TO RECALL THE MANDATE"
06/27/2012 RESPONSE RS Michelle Bowers BY: RS Christopher E. Cosden 813478 STATE'S MOTION TO RECALL MANDATE (O&7)
07/06/2012 ORDER-STAY PROCEEDINGS FSC DY Petitioner's motion to stay proceedings filed as "Motion to Recall Mandate" in the above cause is hereby denied.
10/18/2012 ARCHIVES File