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Doc. Date Docketed Description Filed by Notes
Click to open document 10/14/2016 NOTICE-DISCRETIONARY JURIS (CERT GPI) PT C.Y. BY: WD Kathleen A. Smith 846937
10/17/2016 No Fee Required NOT REQUIRED
Click to open document 10/17/2016 ACKNOWLEDGMENT LETTER-NEW CASE Supreme Court Of Florida BY: Supreme Court Of Florida
10/17/2016 ORDER-CONSOLIDATION The above cases are hereby consolidated, on the Court's own motion, for all appellate purposes. From this date forward, all documents pertaining to the above consolidated cases should be filed electronically through the Florida Courts E-Filing Portal using case number SC16-1852 only.
10/19/2016 NOTICE John Doe BY: WD Kathleen A. Smith 846937
10/27/2016 ORDER-OA&BRIEF SCHED/JURIS ACCEPTED The Court accepts jurisdiction of the above consolidated cases. Petitioners' brief on the merits shall be filed on or before November 16, 2016; respondent's brief on the merits shall be filed on or before November 28, 2016; and petitioners' reply brief on the merits shall be filed on or before December 5, 2016. The Clerk of the Second District Court of Appeal may provide the record in the format as currently maintained at the district court, either paper or electronic. If the record is in electronic format, the Clerk should file the record, which must be properly indexed and paginated, on or before November 11, 2016, but no later than December 12, 2016. If the record is in paper format, the Clerk must file the indexed and paginated record on or before December 12, 2016. This Court has determined that this should be given expedited consideration. The policy of this Court is that NO EXTENSIONS OF TIME SHALL BE GRANTED. Motions which would cause delay of this matter should only be filed in extreme circumstances. The Court will hear oral argument at 9:00 a.m., February 7, 2017. A maximum of twenty minutes to the side as consolidated 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.
10/27/2016 ORAL ARGUMENT CALENDAR
10/31/2016 NOTICE-APPEARANCE John Doe BY: Robert A. Young 144826
11/09/2016 RECORD/TRANSCRIPT Mary Beth Kuenzel 986224 BY: Mary Beth Kuenzel 986224 I Volume, Electronically filed, SEALED
11/15/2016 INITIAL BRIEF-MERITS John Doe BY: Robert A. Young 144826
Click to open document 11/15/2016 MOTION-STAY (PROCEEDINGS BELOW) John Doe BY: Robert A. Young 144826 Filed as APPLICATION FOR CONSTITUTIONAL STAY WRIT
11/15/2016 APPENDIX-MERIT BRIEF John Doe BY: Robert A. Young 144826
11/15/2016 NOTICE-APPEARANCE RS State Of Florida state1 BY: RS Caroline Johnson Levine 306060
11/17/2016 ORDER-STAY PROCEEDINGS (TRANSFER) Petitioner has submitted an "Application for Constitutional Stay Writ" which this Court has treated as a motion to stay or recall the mandate in Second District Court of Appeal Case No. 2D16-1328. The motion is hereby transferred to the Second District Court of Appeal pursuant to Florida Rule of Appellate Procedure 9.310, which requires that "a party seeking to stay a final order or non-final order pending review shall file a motion in the lower tribunal." Corrected 11/17/16 to reflect panel.
Click to open document 11/21/2016 MOTION-AMICUS CURIAE Disability Rights Florida BY: Peter P. Sleasman 367931 MOTION OF DISABILITY RIGHTS FLORIDA, INC. TO APPEAR AS AMICUS CURIAE IN SUPPORT OF PETITIONERS (includes motion-ext time)
11/22/2016 ORDER-AMICUS CURIAE GR The motion for leave to file brief as amicus curiae filed by Disability Rights Florida, Inc., is hereby granted and they are allowed to file brief only in support of petitioners. The motion for extension of time filed by the above referenced amicus curiae is granted and said amicus curiae is allowed to and including December 12, 2016, in which to file the amicus curiae brief on the merits. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED FOR THE FILING OF THE ABOVE REFERENCED AMICUS CURIAE BRIEF ON THE MERITS.
11/23/2016 ORDER-DISTRICT COURT OF APPEAL DATED 11/21/2016
Click to open document 11/28/2016 MOTION-STAY (PROCEEDINGS BELOW) John Doe BY: Robert A. Young 144826
11/28/2016 ORDER-DISTRICT COURT OF APPEAL 11/23/16 Order
11/28/2016 ANSWER BRIEF-MERITS RS State Of Florida state1 BY: RS Caroline Johnson Levine 306060
12/02/2016 ORDER-STAY PROCEEDINGS BELOW DY Petitioner's "Motion for Review of Denial of Stay and Renewed Application for Constitutional Stay Writ" filed in the above styled cause is hereby denied. *Vacated 2/07/2017*
12/05/2016 REPLY BRIEF-MERITS John Doe BY: Robert A. Young 144826
Click to open document 12/07/2016 MOTION-AMICUS CURIAE Jeffrey J. Colbath 357359 BY: Amy Singer Borman 957097 FILED AS THE CHIEF JUDGE OF THE FIFTEENTH JUDICIAL CIRCUIT'S MOTION FOR LEAVE TO FILE AMICUS BRIEF IN SUPPORT OF RESPONDENT
12/08/2016 ORDER-AMICUS CURIAE GR The motion for leave to file brief as amicus curiae filed by the Chief Judge of the Fifteenth Judicial Circuit is hereby granted and they are allowed to file brief only in support of respondents. The brief by the above referenced amicus curiae shall be served on or before December 29, 2016.
12/12/2016 AMICUS CURIAE INITIAL BRIEF-MERITS Disability Rights Florida BY: Peter P. Sleasman 367931
12/29/2016 AMICUS CURIAE ANSWER BRIEF-MERITS Jeffrey J. Colbath 357359 BY: Amy Singer Borman 957097 AMICUS BRIEF OF THE CHIEF JUDGE OF THE FIFTEENTH JUDICIAL CIRCUIT IN SUPPORT OF THE RESPONDENT
12/29/2016 APPENDIX-MERIT BRIEF Jeffrey J. Colbath 357359 BY: Amy Singer Borman 957097 APPENDIX TO THE AMICUS BRIEF OF THE CHIEF JUDGE OF THE FIFTEENTH JUDICIAL CIRCUIT IN SUPPORT OF THE RESPONDENT
02/01/2017 NOTICE-SUPPLEMENTAL AUTHORITY Jeffrey J. Colbath 357359 BY: Amy Singer Borman 957097 FILED AS "NOTICE OF SUPPLEMENTAL AUTHORITY"
02/07/2017 ORAL ARGUMENT HELD
02/07/2017 ORDER-STAY PROCEEDINGS BELOW GR This Court, having heard oral argument, hereby vacates its earlier order denying Petitioner's motion to stay, and hereby stays the proceedings in the Second District Court of Appeal and in the Circuit Court of the Twentieth Judicial Circuit in and for Lee County, Florida, with an opinion from this Court to follow.
Click to open document 05/11/2017 DISP-QUASHED & REMANDED FSC-OPINION: In sum, Petitioners, as well as all individuals subject to Baker Act hearings, have a right to have a judicial officer physically present at their Baker Act commitment hearing, subject only to their consent to the contrary. Likewise, a judicial officer's physical presence over such hearings is a constituent component of his or her ministerial duty to preside over a trial or evidentiary hearing. Individuals subject to Baker Act commitment proceedings are individuals who likely have a serious mental illness, and they are among the State's most vulnerable citizens. The language in the Baker Act reflects the Legislature's acknowledgment that these individuals are entitled to heightened consideration regarding the manner in which the hearing will be conducted. See § 394.467(6)(a), Fla. Stat. Such heightened consideration rightfully includes the physical presence of judicial officers in the hearing room. Accordingly, the decision of the Second District below in Doe is quashed and the proceedings are remanded to the Second District for instructions not inconsistent with this opinion. It is so ordered.
06/01/2017 PUBLISH FULL
06/02/2017 MANDATE