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Doc. Date Docketed Description Filed by Notes
03/16/2010 NOTICE-DISCRETIONARY JURIS (CERT DIRECT CONFLICT) PT David Carbajal BY: PT David Carbajal
03/16/2010 No Fee Required 9.141 SUMMARY APPEAL
03/31/2010 ORDER-DISMISSAL RE: FAILURE TO COMPLY In reviewing our records, we note that your case is subject to dismissal for failure to comply with this Court's direction. See Fla. R. App. P. 9.410. We have not received the jurisdictional initial brief with appendix in accordance with Florida Rule of Appellate Procedure 9.120(d). Failure to file the above referenced documents with this Court within fifteen days from the date of this order could result in the imposition of sanctions, including dismissal of the petition. Please understand that once this case is dismissed, it may not be subject to reinstatement.
04/12/2010 MOTION-EXT OF TIME (JURIS BRIEF) PT David Carbajal BY: PT David Carbajal
04/12/2010 MOTION-TOLL TIME PT David Carbajal BY: PT David Carbajal
04/12/2010 MOTION-COUNS APPOINTMENT PT David Carbajal BY: PT David Carbajal
04/15/2010 ORDER-EXT OF TIME GR (JURIS BRIEF-PETITIONER)
04/15/2010 ORDER-COUNS APPOINTMENT DY Petitioner's motion for appointment of counsel is hereby denied. If the Court accepts jurisdiction the motion will be reconsidered at that time. Petitioner is allowed to and including May 6, 2010, in which to serve a petitioner's initial brief on jurisdiction.
04/30/2010 JURIS INITIAL BRIEF PT David Carbajal BY: PT David Carbajal W/APPENDIX (O&5 & E-MAIL)
05/19/2010 JURIS ANSWER BRIEF RS State Of Florida BY: RS Elba Caridad Martin-Schomaker 513342 W/ APPENDIX (O&7 & E-MAIL)
08/23/2010 ORDER-NO REQ&BRIEF SCHED/COUNS APPT/JURIS ACCEPTED It is ordered that Sarah Lahlou-Amine of Fowler, White, Boggs 501 East Kennedy Boulevard Suite 1700 Tampa, Florida 33602 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 September 17, 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. The Clerk of the Second District Court of Appeal shall file the original record which shall be properly indexed and paginated on or before October 22, 2010. The record shall include the briefs filed in the district court separately indexed.
08/30/2010 RECORD/TRANSCRIPT Hon. James Birkhold BY: Hon. James Birkhold 1 VOL. RECORD
09/20/2010 INITIAL BRIEF-MERITS PT David Carbajal BY: PT Sarah Lahlou-Amine 22709 W/APPENDIX (O&7 & E-MAIL)
10/11/2010 MOTION-EXT OF TIME (ANSWER BRIEF-MERITS) RS State Of Florida BY: RS Cerese Crawford Taylor 990760
10/11/2010 MOTION-TOLL TIME RS State Of Florida BY: RS Cerese Crawford Taylor 990760
10/14/2010 ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS)
11/15/2010 ANSWER BRIEF-MERITS RS State Of Florida BY: RS Cerese Crawford Taylor 990760 O&7 & E-MAIL
11/15/2010 MOTION-ORAL ARGUMENT RECONSIDER RS State Of Florida BY: RS Cerese Crawford Taylor 990760
12/03/2010 REPLY BRIEF-MERITS PT David Carbajal BY: PT Sarah Lahlou-Amine 22709 O&7 & E-MAIL
12/09/2010 NOTICE PT David Carbajal BY: PT Sarah Lahlou-Amine 22709 OF UNAVAILABILITY
01/10/2011 ORDER-OTHER SUBSTANTIVE GR Respondent's request for oral argument is hereby granted. 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.
03/01/2011 ORDER-OA SCHED (PREV ACCEPTED) The Court previously accepted jurisdiction. The Court will hear oral argument at 9:00 a.m., Wednesday, May 4, 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.
03/01/2011 ORAL ARGUMENT CALENDAR
03/16/2011 NOTICE-APPEARANCE RS State Of Florida BY: RS Elba Caridad Martin-Schomaker 513342
04/11/2011 NOTICE-SUPPLEMENTAL AUTHORITY RS State Of Florida BY: RS Elba Caridad Martin-Schomaker 513342 ***STRICKEN. SEE ORDER DATED 04/13/2011***
04/13/2011 ORDER-SUPP AUTHORITY STRICKEN Respondent's Notice of Supplemental Authority 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 authority stated in the notice.
04/20/2011 NOTICE-SUPPLEMENTAL AUTHORITY RS State Of Florida BY: RS Elba Caridad Martin-Schomaker 513342 7 COPIES FILED 04/25/11
05/04/2011 ORAL ARGUMENT HELD
07/18/2011 MOTION-INTERVENE Brian L. Aycock BY: Brian L. Aycock OR TO BE MADE A PARTY OR ALTERNATELY MOTION TO AMEND
07/18/2011 APPENDIX Brian L. Aycock BY: Brian L. Aycock TO MOTION TO INTERVENE
08/09/2011 ORDER-OTHER SUBSTANTIVE DY Brian L. Aycock's "Motion to Intervene or to Be Made a Party or Alternately Motion to Amend" is hereby denied. Brian L. Aycock's "Appendices" filed with this Court on July 18, 2011, is hereby stricken.
11/03/2011 DISP-APPROVED We therefore approve the Second District's affirmance of the circuit court's denial of Carbajal's motion and disapprove Luger and Winter. Likewise, we disapprove Small, Brown, and Zanger, to the extent that those decisions hold that a defect regarding the jurisdiction of the OSP renders a conviction void ab initio.
12/09/2011 RECORD/TRANSCRIPT RETURNED Hon. James Birkhold BY: Hon. James Birkhold 1 VOLUME RECORD
12/09/2011 MANDATE CC: COUNSEL
03/02/2012 ARCHIVES File