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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05/17/2018
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DUAL BASIS-NOTICE-DISCRE JURIS-CONST CONSTR/CERT GPI
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PT Byron Mcgraw BY: PT Benjamin Eisenberg 100538
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& Statutory Validity
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05/23/2018
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No Fee - Insolvent
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Insolvent Below
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05/23/2018
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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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05/23/2018
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ORDER-BRIEF SCHED (JURIS ON MERIT CASE)
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The Court has postponed its decision on jurisdiction. The parties are ordered to file jurisdictional briefs pursuant to Florida Rule of Appellate Procedure 9.120. Petitioner is directed to serve, on or before June 7, 2018, an initial brief on jurisdiction. Respondent shall have twenty days after service of petitioner's initial brief on jurisdiction in which to serve an answer brief on jurisdiction.
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05/24/2018
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JURIS INITIAL BRIEF
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PT Byron Mcgraw BY: PT Benjamin Eisenberg 100538
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with Appendix
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06/08/2018
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JURIS ANSWER BRIEF
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RS State Of Florida state1 BY: RS Richard Valuntas 151084
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07/06/2018
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NOTICE-AMICUS CURIAE INTENT TO APPEAR
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MP National College For Dui Defense BY: MP Flem Kanan Whited 271071
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Notice of Intent to File Amicus Brief
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07/06/2018
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MOTION-AMICUS CURIAE
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MP National College For Dui Defense BY: MP Flem Kanan Whited 271071
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Motion of the National College for DUI Defense for Leave to File an Amicus Curiae Brief Supporting the Position of Petitioner
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07/09/2018
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ORDER-JURIS ACCEPT/BRIEF SCHED (OA LATER DATE)
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The Court accepts jurisdiction of this case.
Petitioner's initial brief on the merits must be served on or before July 30, 2018; respondent's answer brief on the merits must be served twenty days after service of petitioner's initial brief on the merits; and petitioner's reply brief on the merits must be served twenty days after service of respondent's answer brief on the merits.
The Clerk of the Fourth District Court of Appeal must file the record which must be properly indexed and paginated on or before September 7, 2018. The Clerk may provide the record in the format as currently maintained at the district court, either paper or electronic.
As jurisdiction has been accepted in the above cause, any movant who wishes to follow through on a previously-filed Notice of Intent to Appear as Amicus or Amici Curiae must now proceed in compliance with Florida Rule of Appellate Procedure 9.370.
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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07/10/2018
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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 National College for DUI Defense is hereby granted and they are allowed to file brief only in support of petitioner. The brief by the above referenced amicus curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
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07/13/2018
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RECORD
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Lonn Weissblum 498017 BY: Lonn Weissblum 498017
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Certified Copies of Appeal Papers -- District Court Record
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07/13/2018
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RECORD
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Lonn Weissblum 498017 BY: Lonn Weissblum 498017
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Certified Copies of Appeal Papers -- Trial Court Record
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07/30/2018
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MOTION-EXT OF TIME (INITIAL BRIEF-MERITS)
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PT Byron Mcgraw BY: PT Benjamin Eisenberg 100538
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07/30/2018
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MOTION-TOLL TIME
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PT Byron Mcgraw BY: PT Benjamin Eisenberg 100538
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07/30/2018
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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 August 29, 2018, in which to serve the initial brief on the merits. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.
All other times will be extended accordingly.
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08/29/2018
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INITIAL BRIEF-MERITS
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PT Byron Mcgraw BY: PT Benjamin Eisenberg 100538
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Petitioner's Initial Brief on the Merits
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08/29/2018
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APPENDIX-MERIT BRIEF
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PT Byron Mcgraw BY: PT Benjamin Eisenberg 100538
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Appendix to Petitioner's Initial Brief on the Merits
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09/05/2018
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AMICUS CURIAE INITIAL BRIEF-MERITS
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MP National College For Dui Defense BY: MP Flem Kanan Whited 271071
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Brief of Amicus Curiae National College for DUI Defense Supporting the Appellant - Byron McGraw
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09/13/2018
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MOTION-EXT OF TIME (ANSWER BRIEF-MERITS)
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RS State Of Florida state1 BY: RS Richard Valuntas 151084
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09/13/2018
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MOTION-TOLL TIME
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RS State Of Florida state1 BY: RS Richard Valuntas 151084
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09/13/2018
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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 18, 2018, in which to serve the answer brief on the merits. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.
All other times will be extended accordingly.
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10/18/2018
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ANSWER BRIEF-MERITS
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RS State Of Florida state1 BY: RS Richard Valuntas 151084
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Respondent's Answer Brief on the Merits
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11/13/2018
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MOTION-EXT OF TIME (REPLY BRIEF-MERITS)
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PT Byron Mcgraw BY: PT Benjamin Eisenberg 100538
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11/13/2018
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MOTION-TOLL TIME
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PT Byron Mcgraw BY: PT Benjamin Eisenberg 100538
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11/13/2018
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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 November 26, 2018, in which to serve the reply brief on the merits. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.
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11/26/2018
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MOTION-EXT OF TIME (REPLY BRIEF-MERITS)
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PT Byron Mcgraw BY: PT Benjamin Eisenberg 100538
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UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE REPLY BRIEF ON THE MERITS
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11/26/2018
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MOTION-TOLL TIME
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PT Byron Mcgraw BY: PT Benjamin Eisenberg 100538
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UNOPPOSED MOTION TO TOLL TIME DURING PENDENCY OF PETITIONER'S UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE REPLY BRIEF
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11/26/2018
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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 November 28, 2018, in which to serve the reply brief on the merits. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.
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11/28/2018
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REPLY BRIEF-MERITS
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PT Byron Mcgraw BY: PT Benjamin Eisenberg 100538
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12/26/2018
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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 10:00 a.m., Wednesday, February 20, 2019.
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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01/16/2019
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NOTICE-SUPPLEMENTAL AUTHORITY
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RS State Of Florida state1 BY: RS Richard Valuntas 151084
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02/20/2019
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ORAL ARGUMENT HELD
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04/30/2019
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NOTICE-SUPPLEMENTAL AUTHORITY
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PT Byron Mcgraw BY: PT Benjamin Eisenberg 100538
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06/27/2019
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NOTICE-SUPPLEMENTAL AUTHORITY
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PT Byron Mcgraw BY: PT Benjamin Eisenberg 100538
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11/27/2019
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DISP-REMANDED
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FSC-OPINION: Consistent with Mitchell, however, we also vacate the decision of the Fourth District below and remand with directions that the case be remanded to the Circuit Court of the Fifteenth Judicial Circuit so that McGraw can be given an opportunity to demonstrate that his blood would not have been drawn if police had not been seeking BAC information, and that police could not have reasonably judged that a warrant application would interfere with other pressing needs or duties. It is so ordered. ***In light of motion for rehearing/clarification, corrected opinion issued February 20, 2020.***
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12/09/2019
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MOTION-REHEARING
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RS State Of Florida state1 BY: RS Richard Valuntas 151084
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Respondent's Motion for Rehearing and Clarification
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12/23/2019
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RESPONSE
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PT Byron Mcgraw BY: PT Benjamin Eisenberg 100538
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Petitioner Byron McGraw's Response to Respondent's Motion for Rehearing and Clarification
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02/20/2020
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DISP-REHEARING DISP (MISC)
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Respondent's Motion for Rehearing and Clarification is hereby granted in part and denied in part in light of the corrected opinion issued February 20, 2020.
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02/20/2020
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WEST CORRESPONDENCE
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ATTENTION: ALL PUBLISHERS
THE FOLLOWING CORRECTION HAS BEEN MADE IN THE ABOVE OPINION:
On page 7, "Circuit Court of the Fifteenth Judicial Circuit" has been changed to "County Court of Palm Beach County."
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03/12/2020
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MANDATE
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03/18/2020
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PUBLISH FULL
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