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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03/16/2010
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NOTICE-DISCRETIONARY JURIS (CERT DIRECT CONFLICT)
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PT David Carbajal BY: PT David Carbajal
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03/16/2010
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No Fee Required
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9.141 SUMMARY APPEAL
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03/31/2010
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ORDER-DISMISSAL RE: FAILURE TO COMPLY
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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.
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04/12/2010
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MOTION-EXT OF TIME (JURIS BRIEF)
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PT David Carbajal BY: PT David Carbajal
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04/12/2010
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MOTION-TOLL TIME
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PT David Carbajal BY: PT David Carbajal
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04/12/2010
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MOTION-COUNS APPOINTMENT
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PT David Carbajal BY: PT David Carbajal
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04/15/2010
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ORDER-EXT OF TIME GR (JURIS BRIEF-PETITIONER)
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04/15/2010
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ORDER-COUNS APPOINTMENT DY
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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.
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04/30/2010
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JURIS INITIAL BRIEF
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PT David Carbajal BY: PT David Carbajal
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W/APPENDIX (O&5 & E-MAIL)
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05/19/2010
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JURIS ANSWER BRIEF
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RS State Of Florida BY: RS Elba Caridad Martin-Schomaker 513342
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W/ APPENDIX (O&7 & E-MAIL)
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08/23/2010
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ORDER-NO REQ&BRIEF SCHED/COUNS APPT/JURIS ACCEPTED
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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.
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08/30/2010
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RECORD/TRANSCRIPT
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Hon. James Birkhold BY: Hon. James Birkhold
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1 VOL. RECORD
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09/20/2010
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INITIAL BRIEF-MERITS
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PT David Carbajal BY: PT Sarah Lahlou-Amine 22709
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W/APPENDIX (O&7 & E-MAIL)
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10/11/2010
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MOTION-EXT OF TIME (ANSWER BRIEF-MERITS)
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RS State Of Florida BY: RS Cerese Crawford Taylor 990760
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10/11/2010
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MOTION-TOLL TIME
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RS State Of Florida BY: RS Cerese Crawford Taylor 990760
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10/14/2010
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ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS)
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11/15/2010
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ANSWER BRIEF-MERITS
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RS State Of Florida BY: RS Cerese Crawford Taylor 990760
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O&7 & E-MAIL
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11/15/2010
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MOTION-ORAL ARGUMENT RECONSIDER
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RS State Of Florida BY: RS Cerese Crawford Taylor 990760
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12/03/2010
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REPLY BRIEF-MERITS
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PT David Carbajal BY: PT Sarah Lahlou-Amine 22709
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O&7 & E-MAIL
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12/09/2010
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NOTICE
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PT David Carbajal BY: PT Sarah Lahlou-Amine 22709
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OF UNAVAILABILITY
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01/10/2011
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ORDER-OTHER SUBSTANTIVE GR
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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.
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03/01/2011
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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., 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.
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03/01/2011
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ORAL ARGUMENT CALENDAR
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03/16/2011
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NOTICE-APPEARANCE
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RS State Of Florida BY: RS Elba Caridad Martin-Schomaker 513342
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04/11/2011
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NOTICE-SUPPLEMENTAL AUTHORITY
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RS State Of Florida BY: RS Elba Caridad Martin-Schomaker 513342
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***STRICKEN. SEE ORDER DATED 04/13/2011***
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04/13/2011
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ORDER-SUPP AUTHORITY STRICKEN
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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.
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04/20/2011
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NOTICE-SUPPLEMENTAL AUTHORITY
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RS State Of Florida BY: RS Elba Caridad Martin-Schomaker 513342
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7 COPIES FILED 04/25/11
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05/04/2011
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ORAL ARGUMENT HELD
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07/18/2011
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MOTION-INTERVENE
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Brian L. Aycock BY: Brian L. Aycock
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OR TO BE MADE A PARTY OR ALTERNATELY MOTION TO AMEND
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07/18/2011
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APPENDIX
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Brian L. Aycock BY: Brian L. Aycock
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TO MOTION TO INTERVENE
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08/09/2011
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ORDER-OTHER SUBSTANTIVE DY
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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.
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11/03/2011
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DISP-APPROVED
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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.
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12/09/2011
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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
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12/09/2011
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MANDATE
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CC: COUNSEL
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03/02/2012
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ARCHIVES
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File
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