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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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11/30/2011
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NOTICE-DISCRETIONARY JURIS (CERT DIRECT CONFLICT)
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PT Carlos A. Alejandro Ulloa BY: PT Hon. Andrew Lloyd Cameron 744956
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12/02/2011
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Filing Fee $300
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2011 - 1016581 Amount: $300
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12/02/2011
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Fee Paid in Full
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12/02/2011
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ACKNOWLEDGMENT LETTER-NEW CASE
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Supreme Court Of Florida BY: Supreme Court Of Florida
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12/05/2011
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ORDER-HIGH PROFILE
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Because of significant public and media interest in this matter, counsel for the parties are directed to hereafter file an original and eight copies of all pleadings filed with this Court. 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 documents, including any attachments and appendices, in an electronic format as required by the provisions of that order. All electronic documents filed shall be accessible to persons with disabilities in the manner required by Section 508 of the Federal Rehabilitation Act, the Americans with Disabilities Act, sections 282.601 through 282.606, Florida Statutes, and any related regulations or guidelines. FOR GENERAL FILING INFORMATION AND ADMINISTRATIVE ORDER NO. AOSC04-84, PLEASE VISIT THE CLERK'S OFFICE WEBSITE AT http://www.floridasupremecourt.org/clerk/index.shtml.
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12/05/2011
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MOTION-EXT OF TIME (JURIS BRIEF)
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PT Dustin Leonard BY: PT William R. Ponall 421634
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(E-MAIL) (12/07/2011: 8 COPIES OF MOTION FILED)
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12/07/2011
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LETTER
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PT Dustin Leonard BY: PT William R. Ponall 421634
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TRANSMITTAL OF 8 COPIES TO MOTION EXT OF TIME
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12/08/2011
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ORDER-EXT OF TIME GR (JURIS BRIEF-PETITIONER)
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Petitioner's motion for extension of time is granted and petitioner is allowed to and including December 19, 2011, in which to serve the brief on jurisdiction. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO PETITIONER FOR THE FILING OF THE JURISDICTIONAL BRIEF. All other times will be extended accordingly.
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12/27/2011
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JURIS INITIAL BRIEF
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PT Dustin Leonard BY: PT William R. Ponall 421634
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O&8 W/APPENDIX & E-MAIL
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01/06/2012
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JURIS ANSWER BRIEF
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RS Cmi, Inc. BY: RS Edward G. Guedes 768103
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O&5 & E-MAIL (01/10/2012: 2 COPIES FILED)
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04/16/2012
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NOTICE-ADDRESS CHANGE
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PT Dustin Leonard BY: PT William R. Ponall 421634
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05/02/2012
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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 May 29, 2012]; 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 Fifth District Court of Appeal shall file the original record which shall be properly indexed and paginated on or before July 2, 2012. The record shall include the briefs filed in the district court separately indexed.
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05/30/2012
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MOTION-EXT OF TIME (INITIAL BRIEF-MERITS)
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PT Dustin Leonard BY: PT William R. Ponall 421634
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O ONLY & E-MAIL (05/31/2012: 8 COPIES FILED)
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06/01/2012
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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 June 28, 2012, 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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06/12/2012
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RECORD/TRANSCRIPT
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Hon. Pamela R. Masters, Clerk BY: Hon. Pamela R. Masters, Clerk
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2 VOLUMES RECORD
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07/03/2012
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MOTION-EXT OF TIME (INITIAL BRIEF-MERITS)
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PT Dustin Leonard BY: PT William R. Ponall 421634
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2ND UNOPPOSED MOTION FOR EXTENSION OF TIME (O&8 & E-MAIL)
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07/06/2012
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MOTION-EXT OF TIME (INITIAL BRIEF-MERITS)
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PT Dustin Leonard BY: PT William R. Ponall 421634
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2ND UNOPPOSED AMENDED MOTION FOR EXTENSION OF TIME (O&8 & E-MAIL)
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07/09/2012
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ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS)
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Petitioner's "Unopposed Amended Motion for Extension of Time" is granted and petitioner is allowed to and including July 12, 2012, 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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07/13/2012
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MOTION-EXT OF TIME (INITIAL BRIEF-MERITS)
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PT Dustin Leonard BY: PT William R. Ponall 421634
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3RD UNOPPOSED MOTION FOR EXTENSION OF TIME (O&8 & E-MAIL) (07/20/2012: AMENDED MOTION FILED (O&8 & E-MAIL))
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07/23/2012
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ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS)
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Petitioner's Unopposed Amended Motion for Extension of Time is granted and petitioner is allowed to and including July 26, 2012, 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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08/08/2012
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INITIAL BRIEF-MERITS
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PT Carlos A. Alejandro Ulloa BY: PT Hon. Andrew Lloyd Cameron 744956
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08/08/2012
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MOTION-ACCEPTANCE AS TIMELY FILED (BRIEF)
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PT Dustin Leonard BY: PT William R. Ponall 421634
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UNOPPOSED MOTION TO ACCEPT PETITIONERS' BRIEF AS TIMELY FILED
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08/13/2012
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ORDER-ACCEPTANCE AS TIMELY FILED GR (BRIEF)
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Petitioner's motion to accept brief as timely filed is granted and petitioner's initial brief on the merits was filed with this Court on August 8, 2012.
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08/20/2012
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MOTION-AMICUS CURIAE
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MP Florida Association of Criminal Defense Lawyers, Inc. BY: MP Robert Neal Harrison 612545
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08/20/2012
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AMICUS CURIAE INITIAL BRIEF-MERITS
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MP Florida Association of Criminal Defense Lawyers, Inc. BY: MP Robert Neal Harrison 612545
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08/27/2012
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ANSWER BRIEF-MERITS
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RS Cmi, Inc. BY: RS Edward G. Guedes 768103
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O&10 & E-MAIL
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08/27/2012
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APPENDIX
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RS Cmi, Inc. BY: RS Edward G. Guedes 768103
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TO ANSWER BRIEF - (O&10 & E-MAIL)
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08/27/2012
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RESPONSE
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RS Cmi, Inc. BY: RS Edward G. Guedes 768103
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TO MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF OF FLORIDA ASSOCIATION OF CRIMIANL DEFENSE LAWYERS - (O&10 & E-MAIL)
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08/29/2012
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NOTICE
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RS Cmi, Inc. BY: RS Edward G. Guedes 768103
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OF UNAVAILABILITY (08/27/2012 - 09/12/2012)
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09/04/2012
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NOTICE-DESIGNATION OF E-MAIL ADDRESSES
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RS Cmi, Inc. BY: RS Edward G. Guedes 768103
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09/12/2012
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ORDER-AMICUS CURIAE GR
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The motion for leave to file brief as amicus curiae filed by The Florida Association of Criminal Defense Lawyers is hereby granted and they are allowed to file brief only in support of petitioner. The brief by the above referenced amicus curiae was filed with this Court on August 20, 2012.
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09/14/2012
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MOTION-EXT OF TIME (REPLY BRIEF-MERITS)
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PT Dustin Leonard BY: PT William R. Ponall 421634
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09/28/2012
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REPLY BRIEF-MERITS
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PT Dustin Leonard BY: PT William R. Ponall 421634
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O&7 & E-MAIL
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09/28/2012
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ORDER-EXT OF TIME GR (REPLY BRIEF-MERITS)
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Petitioner's motion for extension of time is granted and petitioner is allowed to and including September 24, 2012, in which to serve the reply brief on the merits. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO PETITIONER FOR THE FILING OF THE REPLY 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.
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10/05/2012
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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., Tuesday, December 4, 2012.
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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10/05/2012
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ORAL ARGUMENT CALENDAR
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11/13/2012
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NOTICE-SUPPLEMENTAL AUTHORITY
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RS Cmi, Inc. BY: RS Edward G. Guedes 768103
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O&7
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11/27/2012
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MOTION-ORAL ARGUMENT RESCHEDULE
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RS Cmi, Inc. BY: RS Edward G. Guedes 768103
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11/27/2012
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ORDER-ORAL ARGUMENT RESCHEDULE GR
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Respondent's motion to reschedule oral argument is granted and the above case which was scheduled for oral argument on Tuesday, December 4, 2012, has been rescheduled for oral argument at 9:00 a.m., Tuesday, February 5, 2013. 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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02/05/2013
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ORAL ARGUMENT HELD
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02/06/2013
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NOTICE-SUPPLEMENTAL AUTHORITY
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RS Cmi, Inc. BY: RS Edward G. Guedes 768103
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O&8 & E-MAIL
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11/07/2013
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DISP-APPROVED
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In sum, we conclude that the issuance of the three subpoenas at issue in this case lacked any statutory authority to require the out-of-state records custodian to comply because the criminal defendants did not first follow the procedures required by the Uniform Law. As explained herein, the provisions of chapter 607 governing registered agents cannot be invoked to obtain documents from a nonparty corporation, where the corporation and the requested documents or materials are located out-of-state. Further, pursuant to section 914.001(1), the authority to issue subpoenas to nonparty witnesses extends only to witnesses or documents located in this state. Lastly, the protections of the Uniform Law cannot be circumvented by the issuance of a subpoena duces tecum. Rather, the requirements of that law apply with equal force to subpoenas directed to witnesses required to testify, as well as witnesses required to only produce documents. Accordingly, we approve the Fifth District's decision in Ulloa and disapprove the cases of General Motors and Landrum to the extent that they are inconsistent with our decision. It is so ordered.
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11/22/2013
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MOTION-REHEARING
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MP Florida Association of Criminal Defense Lawyers, Inc. BY: MP Robert Neal Harrison 612545
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FILED AS "MOTION FOR CLARIFICATION" W/ ATTACHMENTS--(RC)
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11/22/2013
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RESPONSE
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RS Cmi, Inc. BY: RS Edward G. Guedes 768103
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TO AMICUS' MOTION FOR CLARIFICATION
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02/25/2014
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DISP-REHEARING DY
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The Florida Association of Criminal Defense Lawyers Motion for Clarification is hereby denied. (RC) - (02/28/14: ORDER AMENDED TO REFLECT THE CORRECT DATE OF THE ORDER AS FEBRUARY 25, 2014)
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04/04/2014
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MANDATE
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CC: COUNSEL
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04/04/2014
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RECORD/TRANSCRIPT RETURNED
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Supreme Court Of Florida BY: Supreme Court Of Florida
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2 VOLUMES OF RECORD
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08/19/2014
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ARCHIVES
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M/R BOX 5250 (FILE)
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