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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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02/05/2009
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NOTICE-DISCRETIONARY JURIS (CERT DIRECT CONFLICT)
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PT Teresa Schlabach BY: PT Barbara J. Wolfe 559849
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02/09/2009
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No Fee - Insolvent
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INSOLVENT BELOW
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02/10/2009
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JURIS INITIAL BRIEF
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PT Teresa Schlabach BY: PT Barbara J. Wolfe 559849
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W/APPENDIX (O&5 & E-MAIL)
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03/06/2009
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MOTION-TOLL TIME
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RS State Of Florida state1 BY: RS James J. Carney 475246
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TO FILE BRIEF PENDING DISP OF MOT EXTENSION OF TIME (REQ'D MOTION FOR EXTENSION OF TIME) 03/09/2009: MOT EXT OF TIME FILED.
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03/09/2009
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MOTION-EXT OF TIME (JURIS BRIEF)
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RS State Of Florida state1 BY: RS James J. Carney 475246
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03/09/2009
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ORDER-EXT OF TIME GR (JURIS BRIEF-RESPONDENT)
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Respondent's motion for extension of time is granted and respondent is allowed to and including March 26, 2009, in which to serve the jurisdictional answer brief.
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03/26/2009
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JURIS ANSWER BRIEF
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RS State Of Florida state1 BY: RS James J. Carney 475246
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O&5 & E-MAIL
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05/07/2009
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ORDER-NO REQ&BRIEF SCHED/JURIS ACCEPTED
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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 1, 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 Fourth District Court of Appeal shall file the original record which shall be properly indexed and paginated on or before July 7, 2009. The record shall include the briefs filed in the district court separately indexed.
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06/08/2009
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INITIAL BRIEF-MERITS
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PT Teresa Schlabach BY: PT Barbara J. Wolfe 559849
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O&7 & E-MAIL (NO SUMMARY OF ARGUMENT; NO APPENDIX)
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06/09/2009
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ORDER-BRIEF STRICKEN (NON-COMPLIANCE)
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Petitioner's initial brief on the merits, which was filed with this Court on June 8, 2009, does not comply with Florida Rule of Appellate Procedure 9.210 and is hereby stricken. Petitioner is hereby directed, on or before June 29, 2009, to serve an original and seven copies of an amended initial brief on the merits with an appendix and a summary of argument and shall not exceed fifty pages in length. The Appendix shall contain a copy of the opinion or order of the district court of appeal to be reviewed and shall be separately bound or separated from the brief by a divider and appropriate tab.
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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06/10/2009
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RECORD/TRANSCRIPT
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Hon. Marilyn Nemzura Beuttenmuller, Clerk BY: Hon. Marilyn Nemzura Beuttenmuller, Clerk
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CONSISTING OF 2 VOLUMES
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06/29/2009
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INITIAL AMD BRIEF-MERITS
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PT Teresa Schlabach BY: PT Barbara J. Wolfe 559849
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W/APPENDIX (O&7) & E-MAIL
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07/16/2009
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MOTION-EXT OF TIME (ANSWER BRIEF-MERITS)
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RS State Of Florida state1 BY: RS James J. Carney 475246
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07/16/2009
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MOTION-TOLL TIME
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RS State Of Florida state1 BY: RS James J. Carney 475246
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07/23/2009
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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 August 11, 2009, in which to serve the answer brief on the merits.
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08/18/2009
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ANSWER BRIEF-MERITS
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RS State Of Florida state1 BY: RS James J. Carney 475246
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O&7 & E-MAIL
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08/26/2009
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REPLY BRIEF-MERITS
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PT Teresa Schlabach BY: PT Barbara J. Wolfe 559849
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O&7 & E-MAIL
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01/21/2010
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ORDER-OTHER SUBSTANTIVE
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The parties are directed jointly to advise the Court, in writing, whether the Petitioner is still incarcerated as a result of the sentence imposed, which is the subject of this case. If not, the parties shall also advise the Court when she was released and the reasons for her being released from prison. If the reasons are not matters of official record, then the parties shall advise the Court of that fact. The status report shall be filed within ten(10) days of the date of this order.
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01/29/2010
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STATUS REPORT
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PT Teresa Schlabach BY: PT Barbara J. Wolfe 559849 RE: PETITION IS NOT CURRENTLY INCARCERATED
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05/20/2010
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DISP-QUASHED
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For the reasons addressed above, we quash the decision of the Fourth District Court of Appeal in Schlabach and direct that the trial court's resentencing order be reinstated. We approve the opinion in Childers.
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06/11/2010
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MANDATE
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CC: COUNSEL
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06/11/2010
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RECORD/TRANSCRIPT RETURNED
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Hon. Marilyn Nemzura Beuttenmuller, Clerk BY: Hon. Marilyn Nemzura Beuttenmuller, Clerk
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2 VOLS
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06/25/2010
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ARCHIVES
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