| Docket Date |
9999-09-13
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ ***NO KU***NO LS** NO WR - (email 4-29-20)**
|
|
| Docket Date |
2020-08-19
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Authored Opinion
|
|
| Docket Date |
2020-06-30
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ 4DCA
|
|
| Docket Date |
2020-06-04
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion ~ ORDERED that the June 2, 2020 joint motion to reinstate original oral argument format is granted.
|
|
| Docket Date |
2020-06-02
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion
|
| On Behalf Of |
ROBERT KRAFT
|
|
| Docket Date |
2020-05-06
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2020-05-04
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ The appellees’ joint unopposed motion to postpone oral argument is granted and oral argument is continued to June, 2020. Counsel is directed to advise the Clerk of this Court within five days of their availability for oral argument on the following dates: June 16 at 2:00 p.m. or June 29 or 30 at 10:00 a.m.
|
|
| Docket Date |
2020-04-28
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion For Continuation of Oral Argument
|
| Description |
Motion For Continuation of Oral Argument
|
| On Behalf Of |
ROBERT KRAFT
|
|
| Docket Date |
2020-04-21
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Pursuant to Administrative Order of the Chief Justice AOSC20-23, extending the COVID-19 emergency measures for the state courts until May 29, 2020, the in-person oral arguments now scheduled at the Court on May 21, 2020 are cancelled. So as not to delay the disposition of the cases, the court will conduct oral argument through Zoom video conference on that date. The week before oral argument the Clerk of the Court will provide connection instructions. Should both parties file a stipulation by May 8, 2020 that they waive oral argument, the court will then decide the case based upon the briefs.
|
|
| Docket Date |
2020-09-04
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2020-09-04
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2020-03-06
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ SECOND JOINT RESPONSE
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2020-03-04
|
| Type |
Order
|
| Subtype |
Order Vacating/Withdrawing Order
|
| Description |
ORD-Amended Order ~ ORDERED that this court's March 3, 2020 order is amended to include case numbers 4D19-1655 and 4D19-2024:The court appreciates the parties’ response to the order regarding oral argument. However, because of a scheduling conflict, the court requires the parties to notify the court within 7 days as to which of the following dates would be mutually acceptable: May 14, 21, or 28th.
|
|
| Docket Date |
2020-03-03
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ The court appreciates the parties’ response to the order regarding oral argument. However, because of a scheduling conflict, the court requires the parties to notify the court within seven (7) days as to which of the following dates would be mutually acceptable: May 14, 21, or 28th.
|
|
| Docket Date |
2020-02-24
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2020-02-19
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-To File Response ~ ORDERED that the requests for oral argument in case numbers 4D19-1499, 4D19-2024, and 4D19-1655, which have been consolidated for panel purposes, are granted. Within five (5) days of this order, the attorneys for the parties in 4D19-1499, 4D19-2024, and 4D19-1655 shall confer and file a joint response addressing the suggested manner in which oral argument is to proceed, including, within the next two months, the most optimum date to proceed, the total number of minutes requested per side, and the suggested breakdown of allotted time to each party.
|
|
| Docket Date |
2020-01-06
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
ORD-Withdraw as Counsel ~ ORDERED that the December 30, 2019 motion of Edward M. Wenger, Esquire, counsel for State of Florida, to withdraw as counsel is granted.
|
|
| Docket Date |
2020-01-02
|
| Type |
Brief
|
| Subtype |
Amended Reply Brief
|
| Description |
Amended Appellant's Reply Brief
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2019-12-30
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2019-12-23
|
| Type |
Order
|
| Subtype |
Order on Motion To File Enlarged Brief
|
| Description |
Order Denying Enlarged Brief ~ Upon consideration of appellee's December 18, 2019 response, it isORDERED that appellant's December 17, 2019 "motion to expand page limit for the reply brief" is denied. The proposed enlarged reply brief is stricken from the docket. Appellant shall file a reply brief in conformance with the page limitation set forth by Florida Rule of Appellate Procedure 9.210(a)(5) within ten (10) days from the date of this order.
|
|
| Docket Date |
2019-12-23
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2019-12-18
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION TO FILE ENLARGED BRIEF
|
| On Behalf Of |
ROBERT KRAFT
|
|
| Docket Date |
2019-12-17
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion To File Enlarged Brief
|
| Description |
Motion To File Enlarged Brief
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2019-12-17
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief ~ ***PROPOSED*** ***STRICKEN FROM THE DOCKET SEE 12/23/19 ORDER.***
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2019-12-02
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order Granting EOT for Appellant's Reply Brief ~ ORDERED that appellant's November 27, 2019 motion for extension of time is granted in part. Appellant shall serve the reply brief within fifteen (15) days from the date of this order. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
|
| Docket Date |
2019-12-02
|
| Type |
Brief
|
| Subtype |
Amicus Curiae Brief
|
| Description |
Amicus Curiae Brief
|
| On Behalf Of |
ROBERT KRAFT
|
|
| Docket Date |
2019-11-27
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2019-11-13
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to File Amicus Curiae Brief
|
| Description |
Motion To File Amicus Curiae Brief ~ **AMENDED**
|
| On Behalf Of |
ROBERT KRAFT
|
|
| Docket Date |
2019-11-13
|
| Type |
Brief
|
| Subtype |
Amicus Curiae Brief
|
| Description |
Amicus Curiae Brief ~ ***MOTION GRANTED 11/18/19*** **AMENDED**
|
| On Behalf Of |
ROBERT KRAFT
|
|
| Docket Date |
2019-11-13
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ **AMENDED**
|
| On Behalf Of |
ROBERT KRAFT
|
|
| Docket Date |
2019-11-12
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to File Amicus Curiae Brief
|
| Description |
Motion To File Amicus Curiae Brief
|
| On Behalf Of |
ROBERT KRAFT
|
|
| Docket Date |
2019-11-12
|
| Type |
Brief
|
| Subtype |
Amicus Curiae Brief
|
| Description |
Amicus Curiae Brief ~ ***MOTION GRANTED 11/18/19***
|
| On Behalf Of |
ROBERT KRAFT
|
|
| Docket Date |
2019-11-12
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ TO FILE AMICUS CURIAE
|
| On Behalf Of |
ROBERT KRAFT
|
|
| Docket Date |
2019-10-31
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
ROBERT KRAFT
|
|
| Docket Date |
2019-10-29
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Deny Miscellaneous Motion ~ ORDERED that appellee’s October 23, 2019 “motion for leave to file hyperlinked brief” is denied. Appellee shall submit the answer brief through Florida Courts E-Filing Portal on or before the October 31, 2019 deadline.
|
|
| Docket Date |
2019-10-23
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ FOR LEAVE TO FILE HYPERLINKED BRIEF
|
| On Behalf Of |
ROBERT KRAFT
|
|
| Docket Date |
2019-09-20
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
ROBERT KRAFT
|
|
| Docket Date |
2019-09-16
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
ROBERT KRAFT
|
|
| Docket Date |
2019-09-16
|
| 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 |
State of Florida
|
|
| Docket Date |
2019-09-12
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
ROBERT KRAFT
|
|
| Docket Date |
2019-08-12
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ Upon consideration of appellee's August 9, 2019 response, it is ORDERED that appellant's August 9, 2019 unopposed motion for extension of time to file initial brief is granted, and appellant shall serve the initial brief and appendix on or before September 14, 2019. In addition, if the initial brief and appendix are 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. The court notes appellee's objection to any further extensions of time for this purpose.
|
|
| Docket Date |
2019-08-09
|
| 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 |
State of Florida
|
|
| Docket Date |
2019-08-09
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
ROBERT KRAFT
|
|
| Docket Date |
2019-07-17
|
| Type |
Order
|
| Subtype |
Order Vacating/Withdrawing Order
|
| Description |
ORD-Amended Order ~ ORDERED that this court's July 16, 2019 order is amended as to the service list only as follows: ORDERED sua sponte that case numbers 4D19-1499, 4D19-1655, and 4D19-2024 areconsolidated for the purpose of designation to the same appellate panel. Further,Upon consideration of the parties’ responses, it isORDERED that this court accepts jurisdiction of this case, pursuant to Florida Rule of Appellate Procedure 9.160(e)(2). The parties shall proceed with the preparation of the record and briefing in accordance with Florida Rules of Appellate Procedure 9.160(g) and (h). Further,ORDERED that the proceedings in the trial court are stayed pending further order of thiscourt.
|
|
| Docket Date |
2019-07-16
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-Sua Sponte ~ ORDERED sua sponte that case numbers 4D19-1499, 4D19-1655, and 4D19-2024 are consolidated for the purpose of designation to the same appellate panel. Further,Upon consideration of the parties’ responses, it is ORDERED that this court accepts jurisdiction of this case, pursuant to Florida Rule of Appellate Procedure 9.160(e)(2). The parties shall proceed with the preparation of the record and briefing in accordance with Florida Rules of Appellate Procedure 9.160(g) and (h). Further,ORDERED that the proceedings in the trial court are stayed pending further order of this court.
|
|
| Docket Date |
2019-07-09
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 3466 PAGES
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2019-06-11
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO JURISDICTIONAL BRIEF
|
| On Behalf Of |
ROBERT KRAFT
|
|
| Docket Date |
2019-06-11
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response ~ TO JURISDICTIONAL BRIEF
|
| On Behalf Of |
ROBERT KRAFT
|
|
| Docket Date |
2019-06-10
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2019-06-10
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO JURISDICTIONAL BRIEF
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2019-06-10
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2019-06-07
|
| Type |
Misc. Events
|
| Subtype |
Court Reporter Acknowledgement Letter
|
| Description |
Court Reporter Acknowledgement Letter
|
|
| Docket Date |
2019-05-30
|
| Type |
Order
|
| Subtype |
Order on Motion to Appear Pro Hac Vice
|
| Description |
Ord-Leave to Appear Pro Hac Vice ~ ORDERED that the appellee's May 29, 2019 and May 30, 2019 verified motions for permission to appear pro hac vice are granted, and Alexander Spiro, Esquire, Derek Shaffer, Esquire, William Anthony Burck, Esquire, and Sandra Moser, Esquire are permitted to appear in this appeal as counsel for appellee. All attorneys are advised that this court does not send paper documents to attorneys and he or she shall register for this court’s eDCA system and the Florida Courts E-Filing Portal within five (5) days from the date of this order.
|
|
| Docket Date |
2019-05-30
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion to Appear Pro Hac Vice
|
| Description |
Mot. to appear pro hac vice ~ ***AMENDED*** (SANDRA MOSER)
|
| On Behalf Of |
ROBERT KRAFT
|
|
| Docket Date |
2019-05-29
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion to Appear Pro Hac Vice
|
| Description |
Mot. to appear pro hac vice ~ ***SEE AMENDED MOTION ***
|
| On Behalf Of |
ROBERT KRAFT
|
|
| Docket Date |
2019-05-29
|
| Type |
Misc. Events
|
| Subtype |
Pro Hac Vice Fee Paid through Portal
|
| Description |
PRO HAC VICE FEE PAID THROUGH PORTAL ~ (SANDRA MOSER)
|
| On Behalf Of |
ROBERT KRAFT
|
|
| Docket Date |
2019-05-29
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
ROBERT KRAFT
|
|
| Docket Date |
2019-05-28
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2019-05-24
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Order
|
| Description |
ORD-FROM CIRCUIT COURT/AGENCY ~ ***ORDER TRANSFERRING CASE***
|
|
| Docket Date |
2019-05-24
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
9999-07-16
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ ***4D19-1499, 4D19-1655, AND 4D19-2024 ARE CONSOLIDATED FOR PANEL PURPOSES ONLY. SEE 7/16/19 ORDER***
|
|
| Docket Date |
2020-05-12
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED, upon consideration of the parties’ joint response to this Court’s May 4, 2020 order, oral argument in this case is rescheduled for Tuesday, June 30, 2020 at 10:00 a.m. for 15 minutes per side. Given the evolving situation surrounding the COVID-19 virus, the oral argument will be conducted through Zoom video conference. The week before oral argument, the Clerk of the Court will provide connection instructions. Counsel shall also be present for the oral arguments in the related cases, which will take place at 10:30 a.m. and 11:00 a.m. GROSS, MAY and CIKLIN, JJ., concur.
|
|
| Docket Date |
2020-03-10
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
ORD-Setting Oral Argument ~ This case is set for Oral Argument on May 21, 2020, at 10:00 A.M. for 42 minutes per side. If a side anticipates more than two attorneys sitting at counsel table during oral argument, it shall contact the Marshal’s Office by phone at least two business days before the oral argument session. 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 |
2019-11-18
|
| Type |
Order
|
| Subtype |
Order on Motion for Leave to File Amicus Curiae Brief
|
| Description |
ORD-Permitting Amicus Curiae Brief ~ ORDERED that the Due Process Institute’s November 12, 2019 “motion for leave of the Due Process Institute to appear as amicus curiae in support of appellee” is granted. The proposed amicus curiae brief is deemed properly filed as of the date of this order. Further,ORDERED that the Independence Institute’s November 12, 2019 “unopposed motion for leave to appeal as amicus curiae in support of the appellee” is granted. The proposed amicus curiae brief, attached to the motion, is deemed properly filed as of the date of this order. Further,ORDERED that Stephen Saltzburg, Esq. and Ronald Goldstock, Esq.’s November 13, 2019 amended “motion for leave of professors Stephen Saltzburg, Esq. and Ronald Goldstock, Esq. to appear as amicus curiae in support of appellee” and “unopposed motion for enlargement of time to file amicus curiae in support of appellee” are granted. Stephen Saltzburg, Esq. and Ronald Goldstock, Esq. may file the amicus curiae brief in support of appellee within fourteen (14) days from the date of this order. Further,ORDERED that Florida Association of Criminal Defense Lawyers and National Association of Criminal Defense Lawyers’ November 13, 2019 “motion for leave to file an amicus curiae brief in support of appellee” is granted. The proposed amicus curiae brief is deemed properly filed as of the date of this order.
|
|
| Docket Date |
2019-10-01
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2019-09-23
|
| Type |
Order
|
| Subtype |
Order Vacating/Withdrawing Order
|
| Description |
ORD-Amended Order ~ ORDERED that this court's September 23, 2019 order is amended as follows: Upon consideration of appellee's September 16, 2019 response, it isORDERED that appellant's September 16, 2019 second motion for extension of time tofile initial brief is granted, and appellant shall serve the initial brief and appendix on or beforeOctober 1, 2019. In addition, if the initial brief and appendix are not served within the timeprovided for in this order, the above–styled case may be subject to dismissal or the court inits discretion may impose other sanctions; further,ORDERED that Jack A. Goldberger and the Law Firm of Atterbury, Goldberger and Weiss, P.A.’s September 20, 2019 motion to withdraw as counsel for appellee Robert Kraft is granted. This court notes Frank A. Shepherd’s September 12, 2019 notice of appearance as appellate counsel for appellee Robert Kraft.
|
|
| Docket Date |
2019-05-29
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Order for brief memorandum on 9.160 case ~ It appearing that Appellant has invoked the discretionary jurisdiction of this court to review a nonfinal order, otherwise appealable to the Circuit Court, in which the County Court has certified a question of great public importance, it isORDERED that, within ten (10) days from the date of this order, Appellant may file a brief memorandum, not to exceed five (5) pages, addressing whether this court should exercise its discretion to review the order in question under Florida Rule of Appellate Procedure 9.160, along with an accompanying appendix containing such documents from the record in the County Court as are necessary to Appellant's arguments. Appellee shall have ten (10) days thereafter to file a response, also limited to five (5) pages.FURTHER ORDERED that all other times are tolled pending order of this court as to the exercise of this court's discretionary jurisdiction.
|
|
| Docket Date |
2019-05-28
|
| Type |
Order
|
| Subtype |
Order re Counsel
|
| Description |
Counsel to advise of their representation on appea ~ It appears from the Notice of Appeal that attorneys Jack A. Goldberger, William A. Burck, and Alexander Spiro are counsel of record for the defendant in the lower court. Florida Rule of Appellate Procedure 9.140(d)(1)(E) provides: "In non-publicly funded defense and state appeals, retained appellate counsel shall file a notice of appearance in the appellate court, or defense counsel of record shall file a motion to withdraw in the appellate court, with service on the defendant, that states what the defendant's legal representation on appeal, if any, is expected to be." Accordingly, it is ORDERED that attorneys Jack A. Goldberger, William A. Burck, and Alexander Spiro shall have twenty (20) days to comply with Rule 9.140(d)(1)(E). All documents filed in this court shall be served on the Attorney General.
|
|
