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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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02/16/2016
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NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT)
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PT Alan Osterhoudt, Jr. BY: PT Michael R. Ufferman 114227
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02/18/2016
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ORDER-FILING FEE DUE
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The jurisdiction of this Court was invoked by the filing of a Notice to Invoke Discretionary Jurisdiction in the lower tribunal; however, said notice was not accompanied by the $300.00 filing fee or an order of insolvency from the district court of appeal as required by Florida Rules of Appellate Procedure 9.110(b) and 9.120(b). The filing fee is due and payable at the time of filing the notice. Petitioner is allowed to and including March 21, 2016, in which to submit the filing fee, or an order of insolvency, or a proper motion for leave to proceed in forma pauperis that complies with sections 57.081 and 57.082, Florida Statutes (2013). Failure to submit the filing fee or one of the above referenced documents to this Court could result in the imposition of sanctions, including dismissal of the notice.
Please understand that once this case is dismissed, it is not subject to reinstatement.
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02/18/2016
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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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02/25/2016
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Filing Fee $300
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2016 - 1025660 Amount: $300
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02/25/2016
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Fee Paid In Full - $300
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02/25/2016
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MOTION-EXT OF TIME (JURIS BRIEF)
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PT Alan Osterhoudt, Jr. BY: PT Michael R. Ufferman 114227
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UNOPPOSED MOTION FOR EXTENSION OF TIME FOR SERVING
PETITIONER'S JURISDICTIONAL BRIEF
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02/25/2016
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MOTION-TOLL TIME
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PT Alan Osterhoudt, Jr. BY: PT Michael R. Ufferman 114227
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REQUEST TO TOLL TIME PENDING THE DISPOSITION OF THE
PETITIONER'S "UNOPPOSED MOTION FOR EXTENSION OF TIME
FOR SERVING PETITIONER'S JURISDICTIONAL BRIEF"
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02/26/2016
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ORDER-EXT OF TIME GR (JURIS BRIEF-PETITIONER)
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Petitioner's Unopposed Motion for Extension of Time for Serving Petitioner's Jurisdictional Brief is granted, and petitioner is allowed to and including March 28, 2016, 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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03/28/2016
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JURIS INITIAL BRIEF
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PT Alan Osterhoudt, Jr. BY: PT Michael R. Ufferman 114227
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JURISDICTIONAL BRIEF OF THE PETITIONER
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03/28/2016
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APPENDIX-JURIS BRIEF
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PT Alan Osterhoudt, Jr. BY: PT Michael R. Ufferman 114227
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APPENDIX TO JURISDICTIONAL BRIEF OF THE PETITIONER
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04/18/2016
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JURIS ANSWER BRIEF
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RS State Of Florida state1 BY: RS Marjorie Vincent-Tripp 87795
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JURISDICTIONAL BRIEF OF RESPONDENT
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04/18/2016
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APPENDIX-JURIS BRIEF
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RS State Of Florida state1 BY: RS Marjorie Vincent-Tripp 87795
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APPENDIX JURISDICTIONAL BRIEF OF RESPONDENT
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05/02/2016
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MOTION-STRIKE
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PT Alan Osterhoudt, Jr. BY: PT Michael R. Ufferman 114227
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MOTION TO STRIKE THE JURISDICTIONAL BRIEF OF RESPONDENT
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05/02/2016
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APPENDIX/ATTACHMENT TO MISC DOC
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PT Alan Osterhoudt, Jr. BY: PT Michael R. Ufferman 114227
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APPENDIX TO MOTION TO STRIKE THE JURISDICTIONAL BRIEF OF RESPONDENT
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05/12/2016
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RESPONSE
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RS State Of Florida state1 BY: RS Marjorie Vincent-Tripp 87795
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RESPONSE TO PETITIONER'S MOTION TO STRIKE
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05/25/2016
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ORDER-STRIKE DY
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Petitioner's Motion to Strike the Jurisdictional Brief of Respondent is hereby denied.
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07/08/2016
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ORDER-NO REQ&BRIEF SCHED/JURIS ACCEPTED
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The Court accepts jurisdiction.
Petitioner's brief on the merits shall be served on or before July 28, 2016; 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.
The Clerk of the Fifth District Court of Appeal shall file the record which shall be properly indexed and paginated on or before September 6, 2016. The Clerk may provide the record in the format as currently maintained at the district court, either paper or electronic.
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07/28/2016
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MOTION-EXT OF TIME (INITIAL BRIEF-MERITS)
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PT Alan Osterhoudt, Jr. BY: PT Michael R. Ufferman 114227
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UNOPPOSED MOTION FOR EXTENSION OF TIME FOR SERVING
PETITIONER'S INITIAL BRIEF ON THE MERITS
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07/28/2016
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MOTION-TOLL TIME
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PT Alan Osterhoudt, Jr. BY: PT Michael R. Ufferman 114227
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REQUEST TO TOLL TIME PENDING THE DISPOSITION OF THE
PETITIONER'S "UNOPPOSED MOTION FOR EXTENSION OF TIME
FOR SERVING PETITIONER'S INITIAL BRIEF ON THE MERITS"
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07/28/2016
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ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS)
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Petitioner's Unopposed Motion for Extension of Time for Serving Petitioner's Initial Brief on the Merits is granted and petitioner is allowed to and including August 29, 2016, 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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08/29/2016
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INITIAL BRIEF-MERITS
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PT Alan Osterhoudt, Jr. BY: PT Michael R. Ufferman 114227
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INITIAL BRIEF OF THE PETITIONER
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08/29/2016
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APPENDIX-MERIT BRIEF
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PT Alan Osterhoudt, Jr. BY: PT Michael R. Ufferman 114227
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APPENDIX TO INITIAL BRIEF OF THE PETITIONER
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08/29/2016
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RECORD/TRANSCRIPT
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Joanne P. Simmons BY: Joanne P. Simmons
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RECORD ON APPEAL-11 VOLUMES PAPER; 2 VOLUMES EFILED- PG 1-151 (FILED ELECTRONICALLY)
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08/29/2016
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RECORD/TRANSCRIPT
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Joanne P. Simmons BY: Joanne P. Simmons
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SUPPLEMENTAL RECORD ON APPEAL- VOLUME XII AND THIRD SUPPLEMENTAL RECORD ON APPEAL- VOLUME XIII (FILED ELECTRONICALLY)
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08/31/2016
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RECORD/TRANSCRIPT
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Joanne P. Simmons BY: Joanne P. Simmons
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11 Volumes:
Volumes 1-2 - Record on Appeal;
Volumes 3-11 - Supplemental Record on Appeal -- Paper Record Filed.
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09/23/2016
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MOTION-EXT OF TIME (ANSWER BRIEF-MERITS)
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RS State Of Florida state1 BY: RS Marjorie Vincent-Tripp 87795
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RESPONDENT'S MOTION FOR EXTENSION OF TIME
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09/23/2016
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MOTION-TOLL TIME
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RS State Of Florida state1 BY: RS Marjorie Vincent-Tripp 87795
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RESPONDENT'S MOTION TO TOLL TIME
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09/23/2016
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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 October 24, 2016, in which to serve the answer brief on the merits. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO RESPONDENT FOR THE FILING OF THE ANSWER BRIEF ON THE MERITS. All other times will be extended accordingly.
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10/24/2016
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ANSWER BRIEF-MERITS
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RS State Of Florida state1 BY: RS Marjorie Vincent-Tripp 87795
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11/18/2016
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MOTION-EXT OF TIME (REPLY BRIEF-MERITS)
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PT Alan Osterhoudt, Jr. BY: PT Michael R. Ufferman 114227
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UNOPPOSED MOTION FOR AN EXTENSION OF TIME FOR SERVING
PETITIONER'S REPLY BRIEF ON THE MERITS
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11/18/2016
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MOTION-TOLL TIME
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PT Alan Osterhoudt, Jr. BY: PT Michael R. Ufferman 114227
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REQUEST TO TOLL TIME PENDING THE DISPOSITION OF THE
PETITIONER'S "UNOPPOSED MOTION FOR EXTENSION OF TIME
FOR SERVING PETITIONER'S REPLY BRIEF ON THE MERITS"
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11/18/2016
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ORDER-EXT OF TIME GR (REPLY BRIEF-MERITS)
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Petitioner's Unopposed Motion for an Extension of Time for Serving Petitioner's Reply Brief on the Merits is granted and petitioner is allowed to and including December 19, 2016, 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.
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12/19/2016
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REPLY BRIEF-MERITS
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PT Alan Osterhoudt, Jr. BY: PT Michael R. Ufferman 114227
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03/30/2017
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DISP-QUASHED & REMANDED
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FSC-OPINION: Consistent with the rulings of the First and Second Districts, we hold that trial courts must individually pronounce discretionary fees, costs, and fines during a sentencing hearing to comply with due process requirements. Accordingly, we quash the Fifth District's decision insofar as it conflicts with this decision. We remand this case for resentencing where the trial court may reimpose the discretionary fine and surcharge after providing notice to Osterhoudt and following the proper procedure.
It is so ordered.
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04/20/2017
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MANDATE
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04/21/2017
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PUBLISH FULL
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04/25/2017
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RECORD/TRANSCRIPT RETURNED
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Joanne P. Simmons BY: Joanne P. Simmons
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11 Volumes:
Volumes 1-2 - Record on Appeal;
Volumes 3-11 - Supplemental Record on Appeal
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06/27/2017
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USSC CERTIORARI
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17-5059
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07/05/2017
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USSC NOT/CERT FILED IN FSC
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17-5059
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The petition for a writ of certiorari in the above entitled case was filed on June
27, 2017 and placed on the docket June 30, 2017 as No. 17-5059.
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10/06/2017
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USSC Disp-Certiorari Dy
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The Court today entered the following order in the above-entitled case:
The petition for a writ of certiorari is denied. (Dated 10/2/2017)
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