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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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11/24/2009
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NOTICE-DISCRETIONARY JURIS (CERT DIRECT CONFLICT)
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PT Ricardo Davila BY: PT Marti Rothenberg 320285
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W/ATTACHMENTS
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11/30/2009
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No Fee Required
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12/02/2009
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MOTION-STAY (FSC PROCEEDINGS)
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PT Ricardo Davila BY: PT Marti Rothenberg 320285
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FILED AS "NOTICE OF PREMATURE FILING OF NOTICE TO INVOKE DISCRETIONARY JURISDICTION AND MOTION TO RETURN NOTICE TO LOWER COURT" AND TREATED AS "MOTION TO STAY PROCEEDINGS"
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12/10/2009
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ORDER-STAY PROCEEDINGS FSC (DCA REH)
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Petitioner's Notice of Premature Filing of Notice to Invoke Discretionary Jurisdiction and Motion to Return to Lower Court filed with this Court on December 2, 2009, is treated as a motion to stay proceedings and is hereby granted. The proceedings in this Court are hereby stayed pending the resolution of petitioner's motion for extension of time to file motion for rehearing, rehearing en banc, clarification and certification which was filed in the Third District Court of Appeal on November 5, 2009, or upon disposition of the motion for rehearing, rehearing en banc, clarification and certification, if filed.
Counsel is to advise this Court thirty days from the date of this order, and every thirty days thereafter, of the status of rehearing proceedings in the Third District Court of Appeal in the case styled Davila v. State, Case No. 3D07-2103.
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12/21/2009
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ORDER-DISTRICT COURT OF APPEAL
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DATED 12/17/2009, GRANTING MOT-EXT TO FILE MOT-REH, REH EN BANC, CLARIFICATION & CERTIFICATION, AND MOT RECALL NOTICE INVOKE DISCRETIONARY JURISDICTION AS PREMATURELY FILED (CORRECTED ORDER : GRANTING MOT STAY MANDATE AND MOT RECALL NOTICE INVOKE DISCRETIONARY JURISDICTION)
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01/08/2010
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STATUS REPORT
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PT Ricardo Davila BY: PT Marti Rothenberg 320285 PETITIONER'S MOTION FOR EXTENSION OF TIME TO FILE REHEARING GRANTED UNTIL 01/16/2010
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02/08/2010
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STATUS REPORT
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PT Ricardo Davila BY: PT Marti Rothenberg 320285 MOTION FOR REHEARING IS STILL PENDING
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03/09/2010
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STATUS REPORT
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PT Ricardo Davila BY: PT Marti Rothenberg 320285 MOTION FOR REHEARING & MOTION FOR REHEARING EN BANC DENIED ON 02/10/2010
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03/11/2010
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ORDER-BRIEF SCHED (MISC)
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The Court having been notified that the motion for rehearing filed in the Third District Court of Appeal is now final, petitioner is allowed to and including March 26, 2010, 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.
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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03/15/2010
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JURIS INITIAL BRIEF
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PT Ricardo Davila BY: PT Marti Rothenberg 320285
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W/ APPENDIX (O&5 & E-MAIL)
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04/16/2010
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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.
A copy of petitioner's brief may be found on this Court's website at http://www.floridasupremecourt.org/clerk/briefs/index.shtml.
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04/21/2010
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MOTION-ACCEPTANCE AS TIMELY FILED (BRIEF)
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RS State Of Florida state1 BY: RS Ansley Branner Peacock 669253
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JURISDICTIONAL ANSWER BRIEF
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04/21/2010
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JURIS ANSWER BRIEF
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RS State Of Florida state1 BY: RS Ansley Branner Peacock 669253
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O&7 & E-MAIL
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05/12/2010
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MOTION-EXT OF TIME (JURIS BRIEF)
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RS State Of Florida state1 BY: RS Ansley Branner Peacock 669253
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o&1
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05/24/2010
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ORDER-EXT OF TIME GR (JURIS BRIEF-RESPONDENT)
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Respondent's motion for extension of time and motion to accept answer brief as timely served and filed are hereby granted and respondent's jurisdictional answer brief was filed with this Court on April 21, 2010.
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06/03/2010
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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 June 28, 2010; 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 Third District Court of Appeal shall file the original record which shall be properly indexed and paginated on or before August 4, 2010. The record shall include the briefs filed in the district court separately indexed.
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06/24/2010
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MOTION-EXT OF TIME (INITIAL BRIEF-MERITS)
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PT Ricardo Davila BY: PT Marti Rothenberg 320285
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07/06/2010
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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 Juy 28, 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.
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07/29/2010
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INITIAL BRIEF-MERITS
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PT Ricardo Davila BY: PT Marti Rothenberg 320285
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W/ APPENDIX (O&7 & E-MAIL)
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08/03/2010
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RECORD/TRANSCRIPT
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Mary Cay Blanks BY: Mary Cay Blanks
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VOLUMES 1 - 3 RECORD ON APPEAL; 12 VOLUMES TRANSCRIPT & CC PAPERS (TOTAL OF 15 VOLUMES) - (1 BOX)
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08/25/2010
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MOTION-EXT OF TIME (ANSWER BRIEF-MERITS)
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RS State Of Florida state1 BY: RS Ansley Branner Peacock 669253
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O&1
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08/27/2010
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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 September 22, 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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09/24/2010
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ANSWER BRIEF-MERITS
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RS State Of Florida state1 BY: RS Ansley Branner Peacock 669253
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O&7 & E-MAIL
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10/13/2010
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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., Thursday, February 10, 2011.
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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10/13/2010
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ORAL ARGUMENT CALENDAR
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02/10/2011
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ORAL ARGUMENT HELD
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10/06/2011
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DISP-APPROVED
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Based on the foregoing, we conclude that the plain language of section 787.01, Florida Statutes (2000), does not preclude a parent from being held criminally liable for kidnapping his or her own child. We therefore approve the result reached by the Third District of Appeal in Davila v. State, 26 So. 3d 5 (Fla. 3d DCA 2009), and disapprove the decision of the Second District Court of Appeal in Muniz v. State, 764 So. 2d 729 (Fla. 2d DCA 2000).
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11/01/2011
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MANDATE
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CC: COUNSEL
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11/02/2011
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RECORD/TRANSCRIPT RETURNED
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Mary Cay Blanks BY: Mary Cay Blanks
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3 VOLUMES TRANSCRIPTS AND 12 VOLUMES RECORD
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11/18/2011
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MAIL RETURNED
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HON. ISRAEL UMBERTO REYES, JUDGE - OPINION (11/30/2011: RE-MAILED TO CORRECT ADDRESS)
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03/02/2012
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ARCHIVES
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