|
Alberto Rodriguez, Appellant(s), v. The State of Florida, Appellee(s).
|
3D2023-1408
|
2023-08-03
|
Closed
|
|
| Classification |
NOA Final - Circuit Criminal - 3.800 Summary
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
F05-541
|
Parties
| Name |
ALBERTO RODRIGUEZ LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
The State of Florida
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Office of Attorney General
|
|
| Name |
Hon. Ramiro C. Areces
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-12-15
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-12-15
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2023-11-15
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed
|
| View |
View File
|
|
| Docket Date |
2023-08-16
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2023-08-03
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ Related cases: 20-612, 19-1496, 15-2721, 15-286, 11-2777
|
| On Behalf Of |
Alberto Rodriguez
|
|
| Docket Date |
2023-08-03
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case letter with attachments.
|
|
| Docket Date |
2023-08-03
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NF2:No Fee-3.800
|
|
| Docket Date |
2023-07-28
|
| Type |
Notice
|
| Subtype |
Notice of Appeal Transmittal Form
|
| Description |
Notice of Transmittal--NOA
|
| On Behalf Of |
The State of Florida
|
|
| Docket Date |
2024-06-25
|
| Type |
Order
|
| Subtype |
Article I, Section 16(b)(10)b., Fla. Const. Order - Time Expired
|
| Description |
BY ORDER OF THE COURT:
In re: Article I, section 16(b)(10)b Time Limitations.
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 of the date of appeal in non-capital cases and five years from the date of appeal in 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 Administrative Order No. AOSC19-76, this case was not completed within the time frame required by Article I, section 16(b)(10)b. because the time frame had already expired by the time this case was filed in this Court.
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| View |
View File
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|
|
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GEORGE J. VILA, VS ACR CONTRACTORS, INC., etc., et al.,
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3D2022-0116
|
2022-01-18
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
20-25983
|
Parties
| Name |
ALBERTO RODRIGUEZ LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
GEORGE J. VILA
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
ANDRES F. REY, CARLOS F. OSORIO
|
|
| Name |
ACR CONTRACTORS, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
MIGUEL A. BRIZUELA, Charles M-P George
|
|
| Name |
NATHALY PADRON
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
1ST AA-N, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Gina Beovides
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-02-14
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE TO PETITIONFOR WRIT OF CERTIORARI
|
| On Behalf Of |
ACR CONTRACTORS, INC.
|
|
| Docket Date |
2022-02-14
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO RESPONSE
|
| On Behalf Of |
ACR CONTRACTORS, INC.
|
|
| Docket Date |
2022-02-24
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Reply to Response
|
| Description |
Ext-granted to reply to response on pet. (OG01D) ~ Petitioner’s Unopposed Motion for Extension of Time to File a Reply to the Response to the Petition for Writ of Certiorari is granted to and including March 7, 2022.
|
|
| Docket Date |
2022-02-21
|
| Type |
Motions Extensions
|
| Subtype |
Motion Extension of Time To Reply To Response
|
| Description |
Motion Extension of TimeTo Reply To Respons ~ APPELLANT'S UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE REPLY BRIEF
|
| On Behalf Of |
GEORGE J. VILA
|
|
| Docket Date |
2022-02-14
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ RESPONDENT'S MOTION FOR APPELLATE ATTORNEY'S FEES
|
| On Behalf Of |
ACR CONTRACTORS, INC.
|
|
| Docket Date |
2022-02-09
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Extension granted to respond to petition (OG01) ~ Respondents’ unopposed Motion for Extension of Time to file a response to the Petition for Writ of Certiorari is granted to and including February 14, 2022.
|
|
| Docket Date |
2022-02-07
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
ACR CONTRACTORS, INC.
|
|
| Docket Date |
2022-02-07
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ UNOBJECTED TO MOTIONFOR EXTENSION OF TIME
|
| On Behalf Of |
ACR CONTRACTORS, INC.
|
|
| Docket Date |
2022-01-18
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ APPENDIX TO PETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
GEORGE J. VILA
|
|
| Docket Date |
2022-01-18
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Filed ~ PETITION FOR WRIT OF CERTIORARIRELATED CASE: 21-2393
|
| On Behalf Of |
GEORGE J. VILA
|
|
| Docket Date |
2022-01-28
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ SUPPLEMENT TO APPENDIX TO PETITION FORWRIT OF CERTIORARI
|
| On Behalf Of |
GEORGE J. VILA
|
|
| Docket Date |
2022-01-21
|
| Type |
Order
|
| Subtype |
Order to Respond to Petition
|
| Description |
Order Resp. on all Petitions except Prohibi(OR12L) ~ Respondents are ordered to file a response, within fourteen (14) days from the date of this Order, to the Petition for Writ of Certiorari. Petitioner may reply within five (5) days of the filing of the response.
|
|
| Docket Date |
2022-01-19
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case letter with attachments.
|
|
| Docket Date |
2022-01-18
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-04-11
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2022-04-11
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2022-03-21
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
Certiorari Denied (Including Resp & Reply) (DA30) ~ CORRECTED ORDER:Following review of the Petition for Writ of Certiorari, and the Response and Reply thereto, it is ordered that said Petition is hereby denied. See Sunrise Point, Inc. v. Foss, 373 So. 2d 438 (Fla. 3d DCA 1979); DeGuzman v. Balsini, 930 So. 2d 752 (Fla. 5th DCA 2006); Patraka v. VSI Int’l, Inc., 832 So. 2d 156 (Fla. 4th DCA 2002). Upon consideration of Respondent 1st AA-N, LLC’s Motion for Appellate Attorney’s Fees, it is ordered that said Motion is granted, and the matter is remanded to the trial court to fix a reasonable amount.
|
|
| Docket Date |
2022-03-21
|
| Type |
Disposition by Opinion
|
| Subtype |
Denied
|
| Description |
Denied - Order by Judge
|
|
| Docket Date |
2022-03-17
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
Certiorari Denied (Including Resp & Reply) (DA30) ~ Following review of the Petition for Writ of Certiorari, and the Response and Reply thereto, it is ordered that said Petition is hereby denied. Upon consideration of Respondent 1st AA-N, LLC’s Motion for Appellate Attorney’s Fees, it is ordered that said Motion is granted, and the matter is remanded to the trial court to fix a reasonable amount.
|
|
| Docket Date |
2022-03-10
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion Granted (OG999) ~ Petitioner’s Unopposed Motion for Leave to File Second Supplement to the Appendix in Support of the Reply to Respondents’ Response to the Petition for Writ of Certiorari is granted, and the Second Supplement to the Appendix to the Petition, filed on March 7, 2022, is accepted by the Court. EMAS, SCALES and MILLER, JJ., concur.
|
|
| Docket Date |
2022-03-07
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ PETITIONER'S RESPONSE TORESPONDENTS' MOTION FORAPPELLATE ATTORNEY'S FEES
|
| On Behalf Of |
GEORGE J. VILA
|
|
| Docket Date |
2022-03-07
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ APPELLANT, GEORGE J. VILA'SUNOPPOSED MOTION FOR LEAVE TO FILESECOND SUPPLEMENT TO APPENDIXIN SUPPORT OFPETITIONER'S REPLY TO RESPONDENTS' RESPONSETO PETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
GEORGE J. VILA
|
|
| Docket Date |
2022-03-07
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ SECOND SUPPLEMENT TO APPENDIX TO PETITION FORWRIT OF CERTIORARI
|
| On Behalf Of |
GEORGE J. VILA
|
|
| Docket Date |
2022-03-04
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Ext-granted to respond to motion (OG01A) ~ Petitioner’s Unopposed Motion for Extension of Time to File a Response to the Motion for Appellate Attorney’s Fees is granted to and including March 7, 2022.
|
|
| Docket Date |
2022-03-01
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response ~ APPELLANT'S UNOPPOSED MOTION FOR EXTENSION OF TIME TOFILE RESPONSE TO MOTION FOR APPELLATE ATTORNEY'S FEES
|
| On Behalf Of |
GEORGE J. VILA
|
|
|
|
ALBERTO RODRIGUEZ, VS THE STATE OF FLORIDA,
|
3D2020-0612
|
2020-03-20
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Criminal - Habeas Corpus
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
05-541
|
Parties
| Name |
ALBERTO RODRIGUEZ LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
The State of Florida
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Office of Attorney General
|
|
| Name |
Hon. Jose L. Fernandez
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-05-06
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2020-05-06
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2020-04-16
|
| Type |
Disposition by Opinion
|
| Subtype |
Denied
|
| Description |
Denied - Order by Judge
|
|
| Docket Date |
2020-04-08
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments.
|
|
| Docket Date |
2020-03-20
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NF4:No Fee-Habeas Corpus
|
|
| Docket Date |
2022-06-17
|
| Type |
Letter-Case
|
| Subtype |
Letter
|
| Description |
Letter
|
| On Behalf Of |
Alberto Rodriguez
|
|
| Docket Date |
2020-04-16
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
Habeas Denied (No Response) (DA31B) ~ Following review of the pro se Petition for Writ of Habeas Corpus for a Belated Appeal, it is ordered that said Petition is hereby denied. See Rodriguez v. State, No. 3D19-1496.
|
|
| Docket Date |
2020-03-20
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Filed ~ PREVIOUS CASES: 19-1496, 15-2721, 15-286, 11-2777
|
| On Behalf Of |
Alberto Rodriguez
|
|
|
|
ALBERTO RODRIGUEZ, VS THE STATE OF FLORIDA,
|
3D2019-1496
|
2019-07-22
|
Closed
|
|
| Classification |
NOA Final - Circuit Criminal - Habeas Corpus Denial
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
05-541
|
Parties
| Name |
ALBERTO RODRIGUEZ LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
The State of Florida
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Office of Attorney General
|
|
| Name |
Hon. Jose L. Fernandez
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-06-15
|
| Type |
Motions Other
|
| Subtype |
Motion for Reconsideration/Rehearing of an Order
|
| Description |
Motion For Reconsideration ~ TO REINSTATE DEFENDAT'S APPEAL
|
| On Behalf Of |
Alberto Rodriguez
|
|
| Docket Date |
2022-07-26
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Docket Entry ~ COPY REQUEST
|
| On Behalf Of |
Alberto Rodriguez
|
|
| Docket Date |
2020-05-26
|
| Type |
Motions Other
|
| Subtype |
Motion for Reconsideration/Rehearing of an Order
|
| Description |
Motion For Reconsideration ~ MOTION TO RECONSIDER TO REINSTATE DEFENDANTS APPEAL
|
| On Behalf Of |
Alberto Rodriguez
|
|
| Docket Date |
2020-05-07
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
ORIGINAL PETITION
|
|
| Docket Date |
2020-03-31
|
| Type |
Order
|
| Subtype |
Article I, Section 16(b)(10)b., Fla. Const. Order - Time Expired
|
| Description |
Marsy's Law Order II
|
|
| Docket Date |
2019-10-07
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2019-10-07
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2019-09-17
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2019-09-17
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Appeal Dismissed by the Court (DA11) ~ Upon the Court’s own motion, it is ordered that the above-styled appeal is hereby dismissed for lack of jurisdiction for failing to timely file a notice of appeal.
|
|
| Docket Date |
2019-07-31
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Alberto Rodriguez
|
|
| Docket Date |
2019-07-31
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments.
|
|
| Docket Date |
2019-07-22
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ NOT CERTIFIED.
|
| On Behalf Of |
Alberto Rodriguez
|
|
| Docket Date |
2019-07-22
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NF3:No Fee-Habeas denied
|
|
| Docket Date |
2020-06-04
|
| Type |
Order
|
| Subtype |
Order on Motion for Reconsideration/Rehearing of an Order
|
| Description |
Reconsideration denied (OD57C) ~ Upon consideration, the appellant’s pro se “Motion to Reconsider to Reinstate Defendants Appeal” is hereby denied.
|
|
| Docket Date |
2020-05-08
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Opinion
|
| Description |
Supreme Court Disposition ~ This case is hereby dismissed. This Court’s jurisdiction to issueextraordinary writs may not be used to seek review of an unelaborated decisionfrom a district court of appeal that is issued without opinion or explanation or thatmerely cites to an authority that is not a case pending review in, or reversed orquashed by, this Court. See Foley v. State, 969 So. 2d 283 (Fla. 2007); Persaud v.State, 838 So. 2d 529 (Fla. 2003); Stallworth v. Moore, 827 So. 2d 974 (Fla. 2002);Grate v. State, 750 So. 2d 625 (Fla. 1999).No motion for rehearing or reinstatement will be entertained by the Court.
|
|
|
|
ALBERTO RODRIGUEZ VS STATE OF FLORIDA
|
4D2015-3782
|
2015-10-09
|
Closed
|
|
| Classification |
NOA Final - Circuit Criminal - Judgment and Sentence
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
14002128 CF10A
|
Parties
| Name |
ALBERTO RODRIGUEZ LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Public Defender-P.B., Sarah Sandler, Public Defender-Broward
|
|
| Name |
STATE OF FLORIDA LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Attorney General-W.P.B.
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2017-04-28
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2017-04-28
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2017-03-22
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that appellant's March 20, 2017 motion for extension of time is granted and the time for appellant to file his motion for rehearing is extended thirty (30) days from the date of this order.
|
|
| Docket Date |
2017-03-20
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ TO FILE MOTION FOR REHEARING.
|
| On Behalf Of |
ALBERTO RODRIGUEZ
|
|
| Docket Date |
2017-03-02
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2016-09-20
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORD-Answer Brief to be Served ~ ORDERED that appellee's September 16, 2016 motion for extension of time is granted, and appellee shall serve the answer brief on or before September 21, 2016. In addition, appellee is notified that the failure to serve the brief within the time provided herein will foreclose appellee's right to file a brief or otherwise participate in this appeal, or the court in its discretion may impose other sanctions. Appellee is advised that no further extensions will be granted absent a detailed explanation for why the answer 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 |
2016-05-18
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
|
| Docket Date |
2016-03-17
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORD-Granting Consolidation ~ ORDERED that appellant's March 10, 2016 motion to consolidate is granted. Case numbers 4D15-3768 and 4D15-3782 are now consolidated for all purposes and shall proceed as a final appeal under case number 4D15-3768. Appellant shall file a single initial brief addressing all of the issues in both cases within sixty (60) days from the date of this order.
|
|
| Docket Date |
2016-03-10
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate ~ WITH 15-3768
|
| On Behalf Of |
ALBERTO RODRIGUEZ
|
|
| Docket Date |
2016-02-15
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF NON-COMPLIANCE
|
| On Behalf Of |
ALBERTO RODRIGUEZ
|
|
| Docket Date |
2016-02-12
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken as Unauthorized ~ ORDERED sua sponte that the appellant's February 8, 2016 pro se motion for extension of time to have the court reporter serve the record on appeal to the court is stricken as unauthorized in that appellant has counsel.
|
|
| Docket Date |
2016-02-08
|
| Type |
Notice
|
| Subtype |
Notice of Change of Address
|
| Description |
Notice of Change of Address
|
| On Behalf Of |
ALBERTO RODRIGUEZ
|
|
| Docket Date |
2016-02-08
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time for Record
|
| Description |
Motion Extension of Time To Complete ROA ~ **STRICKEN AS UNAUTHORIZED 2/12/16**
|
| On Behalf Of |
ALBERTO RODRIGUEZ
|
|
| Docket Date |
2016-01-04
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
ALBERTO RODRIGUEZ
|
|
| Docket Date |
2015-12-22
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time for Court Reporter
|
| Description |
Grant EOT Court Rptr Transcript-Referral to Circuit CJ ~ ORDERED that the court reporting agency'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 February 12, 2016. Attorneys shall notify this court of non-compliance; further,The court reporting agency shall provide a copy of this order to each individual court reporter involved in this appeal. All court reporters involved in this appeal are advised that no further extensions of time will be granted for preparation of the transcript unless the court reporter demonstrates exigent circumstances which require a further extension. Exigent circumstances DO NOT include issues relating to the individual court reporter's workload, including, but not limited to, a situation where the court reporter is preparing transcripts for multiple appeals.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). (The 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 |
2015-12-17
|
| 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 |
2015-12-08
|
| 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 12, 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 |
2015-12-01
|
| 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 |
2015-11-13
|
| 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 December 12, 2015. 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 |
2015-11-06
|
| 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 |
2015-10-09
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2015-10-09
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
WV:Waived
|
|
| Docket Date |
2015-10-09
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
ALBERTO RODRIGUEZ
|
|
|
|
JOHN W. MANN VS A. RODRIGUEZ
|
SC2013-1590
|
2013-07-30
|
Closed
|
|
| Classification |
Discretionary Review - Notice to Invoke - Direct Conflict of Decisions
|
| Court |
Supreme Court of Florida
|
| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, Okeechobee County
12-31 CA
Circuit Court for the Nineteenth Judicial Circuit, Okeechobee County
4D12-975
|
Parties
| Name |
HON. MARILYN NEMZURA BEUTTENMULLER, CLERK
|
| Role |
Appellant
|
| Status |
Withdrawn
|
|
| Name |
JOHN W. MANN
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
ALBERTO RODRIGUEZ LLC
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Hon. Elizabeth Ann Metzger
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Sharon Robertson
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2014-02-05
|
| Type |
Notice
|
| Subtype |
Appeal
|
| Description |
NOTICE-APPEAL (MISC) ~ DATED 01/08/2014
|
| On Behalf Of |
JOHN W. MANN
|
|
| Docket Date |
2014-02-05
|
| Type |
Miscellaneous Document
|
| Subtype |
Mail Returned
|
| Description |
MAIL RETURNED ~ MAIL FROM A. RODRIGUEZ - ORDER DATED 1/6/14 (02/07/2014: RE-MAILED USING FULL NAME & DOC NO.)
|
| On Behalf Of |
ALBERTO RODRIGUEZ
|
|
| Docket Date |
2014-03-11
|
| Type |
Motion
|
| Subtype |
Ext of Time (Juris Brief)
|
| Description |
MOTION-EXT OF TIME (JURIS BRIEF) ~ MOTION FOR EXTENSION OF TIME TO FILE MOTION FOR APPOINTMENT OF COUNSEL AND TO STAY DEADLINE TO FILE JURIS BRIEF
|
| On Behalf Of |
JOHN W. MANN
|
|
| Docket Date |
2014-04-29
|
| Type |
Disposition
|
| Subtype |
Dism Failure To Comply
|
| Description |
DISP-DISM FAILURE TO COMPLY ~ The petition for review is hereby dismissed on the Court's own motion based on petitioner's failure to timely file the jurisdictional brief in accordance with this Court's orders dated January 22, 2014, February 6, 2014, and March 14, 2014. Petitioner's "Motion to Inform Court" is hereby denied as moot. **5/5/14: AMENDED TO REFLECT "PETITION FOR REVIEW"
|
|
| Docket Date |
2014-04-14
|
| Type |
Motion
|
| Subtype |
Couns Appointment
|
| Description |
MOTION-COUNS APPOINTMENT ~ FILED AS "MOTION TO INFORM COURT" **4/29/14: DENIED AS MOOT**
|
| On Behalf Of |
JOHN W. MANN
|
|
| Docket Date |
2014-03-14
|
| Type |
Order
|
| Subtype |
Extension of Time (Juris Brief)
|
| Description |
ORDER-EXT OF TIME GR (JURIS BRIEF-PETITIONER) ~ Petitioner has filed a "Motion for Extension of Time to File Motion for Appointment of Counsel and to Stay Deadline of 6 March 2014 to File Jurisdictional Brief." The motion for extension of time to file motion for appointment of counsel is hereby denied. The request to stay the deadline for filing of the jurisdictional brief has been treated as a motion for extension of time and is granted, and petitioner is allowed to and including April 15, 2014, in which to file the brief on jurisdiction. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO PETITIONER FOR THE FILING OF THE JURISDICTIONAL BRIEF. Failure to file the above referenced documents within the prescribed time could result in the imposition of sanctions, including dismissal of the petition. Please understand that once this case is dismissed, it may not be subject to reinstatement. All other times will be extended accordingly.
|
|
| Docket Date |
2014-03-11
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
NOTICE-ADDRESS CHANGE
|
| On Behalf Of |
JOHN W. MANN
|
|
| Docket Date |
2014-02-06
|
| Type |
Order
|
| Subtype |
Extension of Time (Juris Brief)
|
| Description |
ORDER-EXT OF TIME GR (JURIS BRIEF-PETITIONER) ~ Petitioner's motion for extension of time is granted and petitioner is allowed to and including March 10, 2014 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.
|
|
| Docket Date |
2014-02-05
|
| Type |
Motion
|
| Subtype |
Ext of Time (Juris Brief)
|
| Description |
MOTION-EXT OF TIME (JURIS BRIEF)
|
| On Behalf Of |
JOHN W. MANN
|
|
| Docket Date |
2014-01-30
|
| Type |
Miscellaneous Document
|
| Subtype |
Misc. Docket Entry
|
| Description |
MISC. DOCKET ENTRY ~ RETURNED MAIL FROM JUDGE ELIZABETH A. METZGER - ORDER DATED 12/09/2013
|
| On Behalf Of |
Hon. Elizabeth Ann Metzger
|
|
| Docket Date |
2014-01-22
|
| Type |
Order
|
| Subtype |
Brief Sched (Misc)
|
| Description |
ORDER-BRIEF SCHED (MISC) ~ The notice of appeal has been treated as a notice to invoke discretionary jurisdiction. Petitioner is allowed to and including February 6, 2014, in which to serve the initial brief on jurisdiction with appendix. Respondent shall have twenty days after service of petitioner's initial brief on jurisdiction in which to serve the answer brief on jurisdiction.
|
|
| Docket Date |
2014-01-14
|
| Type |
Miscellaneous Document
|
| Subtype |
Mail Returned
|
| Description |
MAIL RETURNED ~ FROM A. RODRIGUEZ (01/22/2014: FORWARDED MAIL TO ADDRESS PROVIDED ON 01/13/2014 COS)
|
| On Behalf Of |
ALBERTO RODRIGUEZ
|
|
| Docket Date |
2014-01-13
|
| Type |
Miscellaneous Document
|
| Subtype |
Certificate of Service
|
| Description |
CERTIFICATE OF SERVICE ~ RE: NOTICE OF APPEAL
|
| On Behalf Of |
JOHN W. MANN
|
|
| Docket Date |
2014-01-06
|
| Type |
Disposition
|
| Subtype |
Reinstatement DY
|
| Description |
DISP-REINSTATEMENT DY ~ Petitioner's Motion for Reinstatement is hereby denied as moot in light of this Court's order dated December 18, 2013. All pleadings filed in this Court must contain a Certificate of Service stating the names and addresses of those served and, if served on an attorney, the name of the party that attorney represents. See Fla. R. App. P. 9.420. Your Notice of Appeal, which this Court treated as a Notice to Invoke Discretionary Jurisdiction will not be submitted to the Court until you have served A. Rodriguez , provided the address in which you served A. Rodriguez and the date the notice was served and provided this Court with a proper Certificate of Service. Failure to provide this Court with a Certificate of Service that includes all of the above within twenty days from the date of this order could result in the imposition of sanctions, including dismissal of the petition. See Fla. R. App. P. 9.410. Please understand that once this case is dismissed, it may not be subject to reinstatement.
|
|
| Docket Date |
2013-12-26
|
| Type |
Miscellaneous Document
|
| Subtype |
Mail Returned
|
| Description |
MAIL RETURNED ~ ORDER DATED 12/18/13 Hon. Elizabeth A. Metzger, Judge 860778 BY: JU Hon. Elizabeth A. Metzger, Judge 860778 (12/30/2013: FORWARDED TO NEW ADDRESS)
|
| On Behalf Of |
Hon. Elizabeth Ann Metzger
|
|
| Docket Date |
2013-12-18
|
| Type |
Order
|
| Subtype |
Vacate
|
| Description |
ORDER-VACATE ~ The order of this Court dated December 9, 2013, dismissing the case for failure to submit to this Court a proper certificate of service is hereby vacated.
|
|
| Docket Date |
2013-12-17
|
| Type |
Motion
|
| Subtype |
Reinstatement
|
| Description |
MOTION-REINSTATEMENT
|
| On Behalf Of |
JOHN W. MANN
|
|
| Docket Date |
2013-12-09
|
| Type |
Disposition
|
| Subtype |
Dism Failure To Comply
|
| Description |
DISP-DISM FAILURE TO COMPLY ~ The petition for review is hereby dismissed on the Court's own motion based on petitioner's failure to submit to this Court a proper certificate of service in accordance with this Court's order dated November 21, 2013. ***VACATED 12/18/2013***
|
|
| Docket Date |
2013-12-02
|
| Type |
Miscellaneous Document
|
| Subtype |
Certificate of Service
|
| Description |
CERTIFICATE OF SERVICE ~ TO NOTICE TO INVOKE (COS DOES NOT CONTAIN ADDRESS INFO FOR RESPONDENT) PS John W. Mann M07271 BY: PS John W. Mann M07271
|
| On Behalf Of |
JOHN W. MANN
|
|
| Docket Date |
2013-11-21
|
| Type |
Order
|
| Subtype |
Dismissal re: Failure To Comply
|
| Description |
ORDER-DISMISSAL RE: FAILURE TO COMPLY ~ In reviewing our records, we note that your case is subject to dismissal for failure to comply with this Court's direction. See Fla. R. App. P. 9.410. We have not received the certificate of service to petitioner's Notice of Appeal which this Court treated as a Notice to Invoke Discretionary Jurisdiction in accordance with this Court's order dated August 30, 2013. Failure to file the above referenced documents with this Court within fifteen days from the date of this order could result in the imposition of sanctions, including dismissal of the petition. Please understand that once this case is dismissed, it may not be subject to reinstatement.
|
|
| Docket Date |
2013-11-14
|
| Type |
Order
|
| Subtype |
Extension of Time (Miscellaneous)
|
| Description |
ORDER-EXT OF TIME GR (MISC) ~ Petitioner's motion for extension of time is granted and petitioner's certificate of indigency from the Fourth District Court of Appeal was filed with this Court on September 19, 2013.In light of the order dated September 19, 2013, issued by the Fourth District Court of Appeal, petitioner is hereby granted insolvency.
|
|
| Docket Date |
2013-09-19
|
| Type |
Event
|
| Subtype |
No Fee - Insolvent
|
| Description |
No Fee - Insolvent
|
|
| Docket Date |
2013-09-19
|
| Type |
Order
|
| Subtype |
District Court of Appeal
|
| Description |
ORDER-DISTRICT COURT OF APPEAL ~ DATED 09/19/2013, CLERK'S CERTIFICATE OF INDIGENCY
|
|
| Docket Date |
2013-09-16
|
| Type |
Motion
|
| Subtype |
Ext of Time
|
| Description |
MOTION-EXT OF TIME (MISC)
|
| On Behalf Of |
JOHN W. MANN
|
|
| Docket Date |
2013-09-16
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
NOTICE-ADDRESS CHANGE ~ WAKULLA ANNEX
|
| On Behalf Of |
JOHN W. MANN
|
|
| Docket Date |
2013-08-30
|
| Type |
Order
|
| Subtype |
Certificate of Service Compliance
|
| Description |
ORDER-CERTIFICATE OF SERVICE COMPLIANCE ~ All pleadings filed in this Court must contain a Certificate of Service stating the names and addresses of those served and, if served on an attorney, the name of the party that attorney represents. See Fla. R. App. P. 9.420. Your notice of appeal will not be submitted to the Court until you have served all respondents and provided this Court with a proper Certificate of Service. Failure to provide this Court with a Certificate of Service within twenty days from the date of this order could result in the imposition of sanctions, including dismissal of the petition. See Fla. R. App. P. 9.410.Please understand that once this case is dismissed, it may not be subject to reinstatement.
|
|
| Docket Date |
2013-08-30
|
| Type |
Letter-Case
|
| Subtype |
Acknowledgment Letter-New Case
|
| Description |
ACKNOWLEDGMENT LETTER-NEW CASE
|
|
| Docket Date |
2013-07-30
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NI:No Fee - Insolvent
|
|
| Docket Date |
2013-07-30
|
| Type |
Notice
|
| Subtype |
Invoke Discretionary Jurisdiction
|
| Description |
NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT) ~ FILED AS NOTICE OF APPEAL & TREATED AS NOT-INVOKE
|
| On Behalf Of |
JOHN W. MANN
|
|
|
