Docket Date |
2015-09-15
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
Docket Date |
2015-09-15
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
MICHAEL BILOTTI
|
|
Docket Date |
6666-02-02
|
Type |
Misc. Events
|
Subtype |
Miscellaneous Docket Entry
|
Description |
Miscellaneous Entry/Document ~ **CONSOLIDATED WITH 4D15-3340 AND 4D15-3559 FOR PANEL PURPOSES ONLY. SEE 2/2/16 ORDER.**
|
|
Docket Date |
2020-09-23
|
Type |
Record
|
Subtype |
Returned Exhibits
|
Description |
Returned Exhibits
|
|
Docket Date |
2020-08-19
|
Type |
Order
|
Subtype |
Article I, Section 16(b)(10)b., Fla. Const. Order
|
Description |
Order Per Section 16(b)(10)b., Fla. Const. ~ Article I, section 16(b)(10)b. of the Florida Constitution provides that all state-level appeals and collateral attacks on any judgment must be complete within two years from the date of appeal in non-capital cases unless a court enters an order with specific findings as to why the court was unable to comply and the circumstances causing the delay. Pursuant to the administrative procedures and definitions set forth in Supreme Court of Florida Order No. AOSC19-76, this case was not completed within the time frame required by Article I, section 16(b)(10)b. The following circumstances contributed to the continuing review of this case and the time required for a final decision exceeding two years: The June 17, 2020 opinion was issued pursuant to a remand from the Florida Supreme Court and the two-year time frame had already passed at the time of remand. This court issued its prior opinion on February 14, 2018.
|
|
Docket Date |
2020-07-17
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2020-07-17
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2020-06-17
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed - Per Curiam Affirmed ~ ON REMAND FROM THE SUPREME COURT OF FLORIDA
|
|
Docket Date |
2020-05-26
|
Type |
Supreme Court
|
Subtype |
Supreme Court Miscellaneous
|
Description |
Supreme Court Disposition ~ GRANTED
|
|
Docket Date |
2020-02-26
|
Type |
Supreme Court
|
Subtype |
Supreme Court Order
|
Description |
Misc. Supreme Court Order ~ SC18-673 RESPONDENT DIRECTED TO SHOW CAUSE WHY SC SHOULD NOT ACCEPT JURISDICTION
|
|
Docket Date |
2018-05-25
|
Type |
Supreme Court
|
Subtype |
Supreme Court Order
|
Description |
Misc. Supreme Court Order ~ SC18-673 STAYING PROCEEDINGS IN 4TH DCA AND CIRCUIT COURT
|
|
Docket Date |
2018-05-04
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2018-05-16
|
Type |
Supreme Court
|
Subtype |
Supreme Court Order
|
Description |
Misc. Supreme Court Order ~ SC18-673 STAYED PENDING SC18-655
|
On Behalf Of |
FLORIDA SUPREME COURT CLERK
|
|
Docket Date |
2018-05-07
|
Type |
Supreme Court
|
Subtype |
Acknowledged Receipt from Supreme Court
|
Description |
Ack. Receipt from Supreme Court ~ SC18-673
|
|
Docket Date |
2018-05-04
|
Type |
Misc. Events
|
Subtype |
Corrected Opinion
|
Description |
Corrected opinion
|
|
Docket Date |
2018-05-02
|
Type |
Supreme Court
|
Subtype |
Notice to Invok. Disc. Jur. FSC
|
Description |
Notice of Discretionary Jurisdiction to Supreme Court
|
On Behalf Of |
STATE OF FLORIDA
|
|
Docket Date |
2018-05-02
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice sent to the Supreme Court
|
|
Docket Date |
2018-05-02
|
Type |
Order
|
Subtype |
Order on Motion to Stay Issuance of Mandate
|
Description |
Order Denying Motion to Stay Issue Mandate ~ ORDERED that the appellee's April 12, 2018 motion to stay mandate is denied.GERBER, C.J. and LEVINE, J., concur.MAY, J., dissents.
|
|
Docket Date |
2018-04-12
|
Type |
Post-Disposition Motions
|
Subtype |
Motion To Stay Issuance of Mandate
|
Description |
Motion To Stay Issuance of Mandate
|
On Behalf Of |
STATE OF FLORIDA
|
|
Docket Date |
2016-07-18
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ RE: THIRD CO-APPELLANT'S BRIEF
|
On Behalf Of |
MICHAEL BILOTTI
|
|
Docket Date |
2018-04-06
|
Type |
Order
|
Subtype |
Order on Motion for Rehearing En Banc
|
Description |
Order Denying Rehearing En Banc ~ ORDERED that the appellee's March 1, 2018 motion for rehearing/rehearing en banc/to certify questions of great public importance is denied.GERBER and LEVINE, JJ., concur.MAY, J., would grant the motion.
|
|
Docket Date |
2018-04-06
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2018-04-04
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix ~ TO NOTICE OF DECISION IN RELATED CASE.
|
On Behalf Of |
MICHAEL BILOTTI
|
|
Docket Date |
2018-04-03
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ OF DECISION IN RELATED CASE
|
On Behalf Of |
MICHAEL BILOTTI
|
|
Docket Date |
2018-03-08
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ IN OPPOSITION TO MOTION FOR REHEARING; MOTION FOR REHEARING EN BANC AND MOTION TO CERTIFY QUESTIONS OF GREAT PUBLIC IMPORTANCE
|
On Behalf Of |
MICHAEL BILOTTI
|
|
Docket Date |
2018-03-01
|
Type |
Post-Disposition Motions
|
Subtype |
Motion for Rehearing
|
Description |
Motion for Rehearing / Rehearing En Banc ~ ***AND*** MOTION TO CERTIFY QUESTIONS OF GREAT PUBLIC IMPORTANCE
|
On Behalf Of |
STATE OF FLORIDA
|
|
Docket Date |
2018-02-14
|
Type |
Disposition by Opinion
|
Subtype |
Reversed
|
Description |
Reversed - Authored Opinion ~ **CORRECTED OPINION**
|
|
Docket Date |
2017-10-09
|
Type |
Misc. Events
|
Subtype |
Oral Argument Date Set
|
Description |
Oral Argument Date Set ~ 4DCA
|
|
Docket Date |
2017-09-28
|
Type |
Order
|
Subtype |
Order
|
Description |
Miscellaneous Order ~ ORDERED that appellant's September 25, 2017 motion to modify oral argument procedures is granted. Case Nos. 4D15-3415 and 4D15-3340 are consolidated for purposes of oral argument, with 40 minutes of argument per side.
|
|
Docket Date |
2017-09-25
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Miscellaneous Motion ~ TO MODIFY ORAL ARGUMENT PROCEDURES
|
On Behalf Of |
MICHAEL BILOTTI
|
|
Docket Date |
2017-07-17
|
Type |
Order
|
Subtype |
Order on Motion/Request for Oral Argument
|
Description |
ORD-Setting Oral Argument ~ This case is set for Oral Argument on October 9, 2017, at 10:00 A.M. for 20 minutes per side. The court calendars can be viewed on this court's website at HYPERLINK "http://www.4dca.org" www.4dca.org. Attorneys not registered with this court’s eDCA and pro se parties are required to file a "Notice of Receipt of Oral Argument" within ten (10) days from the date of this order, acknowledging they have received this order.
|
|
Docket Date |
2017-02-20
|
Type |
Brief
|
Subtype |
Amended Reply Brief
|
Description |
Amended Appellant's Reply Brief
|
On Behalf Of |
MICHAEL BILOTTI
|
|
Docket Date |
2017-02-17
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
ORD-Stricken ~ ORDERED that the appellant's reply brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.210 in that it is over the page limitation. An amended brief in compliance with the rules shall be filed within ten (10) days from the date of this order. The time for any responsive briefing shall be tolled until service of this amended brief.
|
|
Docket Date |
2017-02-15
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant's Reply Brief ~ **BRIEF STRICKEN 2/17/17**
|
On Behalf Of |
MICHAEL BILOTTI
|
|
Docket Date |
2017-02-09
|
Type |
Brief
|
Subtype |
Amended Answer Brief
|
Description |
Amended Appellee's Answer Brief ~ **AMENDED BRIEF PERMITTED - SEE 2/9/17 ORDER**
|
On Behalf Of |
STATE OF FLORIDA
|
|
Docket Date |
2017-02-09
|
Type |
Order
|
Subtype |
Order on Motion For Leave To File Amended Brief
|
Description |
Grant Motion Serve Amended Brief ~ ORDERED that appellant's February 7, 2017 motion for leave to accept amended answer brief is granted, and the amended answer brief of appellee is deemed filed as of the date of the entry of this order.
|
|
Docket Date |
2017-02-07
|
Type |
Motions Relating to Briefs
|
Subtype |
Motion to Amend Brief
|
Description |
Motion For Leave To File Amended Brief
|
On Behalf Of |
STATE OF FLORIDA
|
|
Docket Date |
2016-12-22
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
Description |
Notice of Agreed Extension - Reply Brief ~ 45 DAYS TO 2/18/17.
|
On Behalf Of |
MICHAEL BILOTTI
|
|
Docket Date |
2016-12-21
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief
|
On Behalf Of |
STATE OF FLORIDA
|
|
Docket Date |
2016-12-20
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ OF ADOPTION OF ARGUMENTS OF CO-APPELLANT CHRISTIN BILOTTI ON THE ISSUE OF THE JUROR CHALLENGE AS RAISED BY APPELLANT IN HIS BRIEF
|
On Behalf Of |
MICHAEL BILOTTI
|
|
Docket Date |
2016-10-20
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
Description |
Notice of Agreed Extension - Answer Brief ~ 60 DAYS TO 12/21/16
|
On Behalf Of |
STATE OF FLORIDA
|
|
Docket Date |
2016-08-22
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
Description |
Notice of Agreed Extension - Answer Brief ~ 60 DAYS TO 10/21/16
|
On Behalf Of |
STATE OF FLORIDA
|
|
Docket Date |
2016-08-18
|
Type |
Notice
|
Subtype |
Notice of Filing
|
Description |
Notice of Filing ~ (2900 PAGES) RECORD ON APPEAL FROM CASE NUMBER 15-3340 **PART 1**
|
On Behalf Of |
MICHAEL BILOTTI
|
|
Docket Date |
2016-08-18
|
Type |
Order
|
Subtype |
Order on Miscellaneous Motion
|
Description |
Grant Miscellaneous Motion ~ ORDERED that appellant's August 8, 2016 unopposed motion to accept transcripts as timely filed is granted. Said transcripts are deemed timely filed as of the date of this order.
|
|
Docket Date |
2016-08-08
|
Type |
Notice
|
Subtype |
Notice of Filing
|
Description |
Notice of Filing ~ the transcripts from John Pacchiana appeal, Case No: 4D15-3340
|
On Behalf Of |
MICHAEL BILOTTI
|
|
Docket Date |
2016-08-08
|
Type |
Order
|
Subtype |
Order on Miscellaneous Motion
|
Description |
Grant Miscellaneous Motion ~ ORDERED that appellant Michael Bilotti's July 28, 2016 unopposed motion to adopt relevant arguments of co-appellant Christin Bilotti is granted.
|
|
Docket Date |
2016-08-08
|
Type |
Misc. Events
|
Subtype |
Affidavit
|
Description |
Affidavit ~ OF DEE SOLI
|
On Behalf Of |
MICHAEL BILOTTI
|
|
Docket Date |
2016-08-08
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Miscellaneous Motion ~ TO ACCEPT TRANSCRIPTS AS TIMELY FILED
|
On Behalf Of |
MICHAEL BILOTTI
|
|
Docket Date |
2016-07-28
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Miscellaneous Motion ~ TO ADOPT RELEVANT ARGUMENTS OF CO-APPELLANT CHRISTIN BILOTTI
|
On Behalf Of |
MICHAEL BILOTTI
|
|
Docket Date |
2016-07-28
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix to Brief ~ TO INITIAL BRIEF
|
On Behalf Of |
MICHAEL BILOTTI
|
|
Docket Date |
2016-07-28
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
MICHAEL BILOTTI
|
|
Docket Date |
2016-07-28
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument
|
On Behalf Of |
MICHAEL BILOTTI
|
|
Docket Date |
2016-07-22
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
ORD-Initial Brief to be Served ~ ORDERED that appellant's July 15, 2016 motion for ten day extension of time is granted, and appellant shall serve the initial brief within ten (10) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case will be subject to dismissal or the court in its discretion may impose other sanctions. Appellant is advised that no further extensions will be granted absent a detailed explanation for why the initial brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant.
|
|
Docket Date |
2016-07-15
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Mot. for Extension of time to file Initial Brief
|
On Behalf Of |
MICHAEL BILOTTI
|
|
Docket Date |
2016-07-14
|
Type |
Motions Relating to Briefs
|
Subtype |
Motion To File Enlarged Brief
|
Description |
Motion To File Enlarged Brief ~ (DENIED)
|
On Behalf Of |
MICHAEL BILOTTI
|
|
Docket Date |
2016-07-14
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix ~ TO MOTION TO FILE ENLARGED BRIEF
|
On Behalf Of |
MICHAEL BILOTTI
|
|
Docket Date |
2016-06-23
|
Type |
Order
|
Subtype |
Order on Miscellaneous Motion
|
Description |
Grant Miscellaneous Motion ~ ORDERED that appellant's June 13, 2016 unopposed motion to employ the John Pacchiana transcripts is granted. Appellant shall file the Pacciana transcripts in this case contemporaneously with the initial brief.
|
|
Docket Date |
2016-06-16
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
Description |
Notice of Agreed Extension - Initial Brief ~ 30 DAYS TO 07/21/16
|
On Behalf Of |
MICHAEL BILOTTI
|
|
Docket Date |
2016-06-13
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Miscellaneous Motion ~ TO EMPLOY PACCHIANA TRANSCRIPTS
|
On Behalf Of |
MICHAEL BILOTTI
|
|
Docket Date |
2016-04-14
|
Type |
Record
|
Subtype |
Exhibits
|
Description |
Received Exhibits ~ (1) ONE ENVELOPE--CD ROM
|
On Behalf Of |
Clerk - Broward
|
|
Docket Date |
2016-04-13
|
Type |
Record
|
Subtype |
Exhibits
|
Description |
Received Exhibits
|
On Behalf Of |
Clerk - Broward
|
|
Docket Date |
2016-03-24
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time for Record
|
Description |
ORD-Grant EOT to Complete ROA ~ ORDERED that the clerk's March 18, 2016 motion for extension of time to prepare the record on appeal and serve the index to the record is granted. The record on appeal was filed March 21, 2016.
|
|
Docket Date |
2016-03-23
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's March 17, 2016 unopposed motion for extension of time is granted, and appellant shall serve the initial brief within ninety (90) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
Docket Date |
2016-03-21
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ 5761 pages
|
|
Docket Date |
2016-03-18
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time for Record
|
Description |
Motion Extension of Time To Complete ROA
|
|
Docket Date |
2016-03-17
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Mot. for Extension of time to file Initial Brief
|
On Behalf Of |
MICHAEL BILOTTI
|
|
Docket Date |
2016-02-16
|
Type |
Misc. Events
|
Subtype |
Status Report
|
Description |
Status Report ~ COMPLETED APPEAL TRANSCRIPT DELIVERY FORM
|
|
Docket Date |
2016-02-02
|
Type |
Order
|
Subtype |
Order
|
Description |
Miscellaneous Order ~ Upon consideration of the parties' responses to this court's January 7, 2016 order to show cause, it is ORDERED that case numbers 4D15-3340, 4D15-3415, and 4D15-3559 are now consolidated for purposes of assignment to the same panel only.
|
|
Docket Date |
2016-01-25
|
Type |
Response
|
Subtype |
Reply to Response
|
Description |
Reply to Response
|
On Behalf Of |
STATE OF FLORIDA
|
|
Docket Date |
2016-01-20
|
Type |
Order
|
Subtype |
Order
|
Description |
Miscellaneous Order ~ Upon consideration of appellant's January 14, 2016 response to this court's January 7, 2016 order to show cause, it is ORDERED that appellee shall file a reply to appellant's response within seven (7) days from the date of this order.
|
|
Docket Date |
2016-01-14
|
Type |
Response
|
Subtype |
Response
|
Description |
Response to Order to Show Cause
|
On Behalf Of |
MICHAEL BILOTTI
|
|
Docket Date |
2016-01-07
|
Type |
Order
|
Subtype |
Order to Show Cause
|
Description |
Order to Show Cause ~ Upon consideration of the notice of related cases filed in case numbers 15-3340, 15-3415, and 15-3559, it is ORDERED that appellants are directed to show cause, in writing, within ten (10) days from the date of this order, why the appeals should not be consolidated, either for all purposes or for the purpose of assignment to the same panel only. Appellants shall also indicate whether, if consolidation is appropriate, three separate briefs will be filed, or whether a consolidated brief will be filed on behalf of all three appellants. Appellee shall file a reply within ten (10) days of service of appellants' response(s) indicating how it proposes to answer the initial brief(s) (i.e. with a consolidated brief or separate briefs addressing each defendant's initial brief).
|
|
Docket Date |
2015-12-23
|
Type |
Notice
|
Subtype |
Notice of Related Case or Issue
|
Description |
Notice of Similar Case Pending
|
On Behalf Of |
MICHAEL BILOTTI
|
|
Docket Date |
2015-10-07
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time for Court Reporter
|
Description |
Order Granting EOT for Court Reporter's Transcript ~ ORDERED that the court reporter's request for an extension of time to file the transcript with the circuit court is granted, and the time for preparation and service of the transcript is extended to and including January 2, 2016. Attorneys shall notify this court of non-compliance; further,ORDERED that all other time frames pertaining to the filing of the record and briefs are extended accordingly. See Fla. R. App. P. 9.300(b) (record on appeal is due twenty (20) days after receipt of the transcript, appellant's initial brief shall be filed within thirty (30) days from service of the index to the record.).
|
|
Docket Date |
2015-10-06
|
Type |
Misc. Events
|
Subtype |
Docketing Statement
|
Description |
Docketing Statement
|
On Behalf Of |
MICHAEL BILOTTI
|
|
Docket Date |
2015-10-02
|
Type |
Motions Relating to Records
|
Subtype |
Motion for Extension of Time for Court Reporter
|
Description |
Mot for EOT to File Court Reporter Note
|
|
Docket Date |
2015-09-16
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
ORD-Pay Filing Fee-Criminal Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file a circuit court clerk's determination of indigency status in this court within ten (10) days from the date of this order. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.If appellant has already been found indigent for purposes of proceedings in the lower tribunal, in this or any other criminal case and has remained incarcerated since that time, please file a copy of that order in this court. See Fla. R. App. P. 9.430(c)(1)(B).**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed.
|
|
Docket Date |
2015-09-16
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
MICHAEL BILOTTI
|
|
Docket Date |
2015-09-16
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|