Docket Date |
2020-02-25
|
Type |
Order
|
Subtype |
Article I, Section 16(b)(10)b., Fla. Const. Order
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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. AOC19-76, 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 notice of appeal was filed June 1, 2017. The appeal was dismissed July 21, 2017 for failure to pay the filing fee. The appellant was determined to be indigent in December 2017 and the case was reinstated. In January 2018, trial counsel for appellant was ordered to file proper designations to the court reporter and statement of judicial acts to be reviewed pursuant to Florida Rule of Appellate Procedure 9.140(d). After the proper designation was filed and the designated court reporter received 60 days of extensions of time, the record was transmitted to this court on June 26, 2018. The appellant then filed three motions to supplement the record and a notice of an agreed 90 days of extensions of time to file the initial brief. After the supplemental records were filed, the appellant filed a notice of a pending Florida Rule of Criminal Procedure 3.800(b)(2) motion on December 4, 2018. The motion was disposed of and the supplemental record was filed on February 4, 2019. Additional supplemental transcripts were filed in March and April 2019.The initial brief was filed in April 2019, and the answer and reply briefs were filed in May 2019. This court affirmed the judgment and sentence on June 20, 2019 and the mandate was issued August 9, 2019.
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|
Docket Date |
2019-09-24
|
Type |
Record
|
Subtype |
Returned Exhibits
|
Description |
Returned Exhibits
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Docket Date |
2019-08-09
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
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|
Docket Date |
2019-07-18
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Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
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Docket Date |
2019-07-18
|
Type |
Order
|
Subtype |
Order on Motion for Rehearing
|
Description |
ORD-Denying Rehearing ~ ORDERED that the appellant's July 15, 2019 pro se motion for rehearing is denied.
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|
Docket Date |
2019-07-15
|
Type |
Post-Disposition Motions
|
Subtype |
Motion for Rehearing
|
Description |
Motion For Rehearing
|
On Behalf Of |
Richard Jennings
|
|
Docket Date |
2019-06-20
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed - Per Curiam Affirmed
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|
Docket Date |
2019-05-17
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant's Reply Brief
|
On Behalf Of |
Richard Jennings
|
|
Docket Date |
2019-05-06
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief
|
On Behalf Of |
State of Florida
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|
Docket Date |
2019-04-17
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
Richard Jennings
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|
Docket Date |
2019-04-16
|
Type |
Record
|
Subtype |
Supplemental Record
|
Description |
Supplemental Records ~ 31 PAGES
|
On Behalf Of |
Clerk - Broward
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|
Docket Date |
2019-04-15
|
Type |
Misc. Events
|
Subtype |
Status Report
|
Description |
Status Report
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Docket Date |
2019-04-11
|
Type |
Order
|
Subtype |
Order to File Status Report
|
Description |
Order for Status Report Re: ROA ~ Upon consideration of appellant’s April 10, 2019 Status Report on Supplemental Record, Apex Reporting is ordered to file a report within three (3) days from the date of this order, as to the status of the preparation of the February 25, 2018 hearing transcript.
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|
Docket Date |
2019-04-10
|
Type |
Misc. Events
|
Subtype |
Status Report
|
Description |
Status Report
|
On Behalf Of |
Richard Jennings
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|
Docket Date |
2019-04-09
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
State of Florida
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|
Docket Date |
2019-04-08
|
Type |
Order
|
Subtype |
Article I, Section 16(b)(10)b., Fla. Const. Order
|
Description |
**DNU** Order Per Section 16(b)(10)b., Fla. Const. ~ Upon review of the docket, this court determines that the decision in this appeal will not be rendered within two years from the date of the notice of appeal, which is required pursuant to Article I, section 16(b)(10)b. of the Florida Constitution. The following circumstances contributed to the continuing review of the case and the time required for a final decision exceeding two years, to date:The notice of appeal was filed June 1, 2017. The appeal was dismissed July 21, 2017 for failure to pay the filing fee. The appellant was determined to be indigent in December 2017 and the case was reinstated. In January 2018, trial counsel for appellant was ordered to file proper designations to the court reporter and statement of judicial acts to be reviewed pursuant to Florida Rule of Appellate Procedure 9.140(d). After the proper designation was filed and the designated court reporter received 60 days of extensions of time, the record was transmitted to this court on June 26, 2018. The appellant then filed three motions to supplement the record and a notice of an agreed 90 days of extensions of time to file the initial brief. After the supplemental records were filed, the appellant filed a notice of a pending Florida Rule of Criminal Procedure 3.800(b)(2) motion on December 4, 2018. The motion was disposed of and the supplemental record was filed on February 4, 2019. An additional supplemental transcript was filed on March 11, 2019.Due to the circumstances above, this appeal is expedited. The parties shall cooperate in the early preparation of this case for merits consideration. Motions causing delay shall not be filed except in extreme circumstances. The filing of motions by any party shall not toll the running of the briefing schedule.Appellant shall file the initial brief within thirty (30) days from the date of this order. Appellee shall serve the answer brief within thirty (30) days after service of the initial brief. Appellant shall serve the reply brief, if any, within fifteen (15) days after service of the answer brief. No further extensions of time shall be granted, absent extraordinary circumstances.
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Docket Date |
2019-03-11
|
Type |
Record
|
Subtype |
Supplemental Record
|
Description |
Supplemental Records ~ 54 PAGES
|
On Behalf Of |
Clerk - Broward
|
|
Docket Date |
2019-03-07
|
Type |
Misc. Events
|
Subtype |
Status Report
|
Description |
Status Report
|
|
Docket Date |
2019-03-04
|
Type |
Order
|
Subtype |
Order to File Status Report
|
Description |
Order to File Status Report ~ ORDERED that Apex Reporting is directed to file a status report within three (3) days from the date of this order regarding the progress being made toward the disposition of petitioner's pending motion in the trial court.
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|
Docket Date |
2019-02-20
|
Type |
Misc. Events
|
Subtype |
Status Report
|
Description |
Status Report
|
On Behalf Of |
Richard Jennings
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|
Docket Date |
2019-02-04
|
Type |
Record
|
Subtype |
Supplemental Record
|
Description |
Supplemental Records ~ 26 PAGES
|
On Behalf Of |
Clerk - Broward
|
|
Docket Date |
2018-12-04
|
Type |
Notice
|
Subtype |
Notice of Pending Motion Correct Sentencing Error
|
Description |
Notice of Pending Motion to Correct Sentencing Error
|
On Behalf Of |
Richard Jennings
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|
Docket Date |
2018-12-03
|
Type |
Order
|
Subtype |
Order on Agreed Extension of Time
|
Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 1/2/19
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|
Docket Date |
2018-12-03
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
Description |
Notice of Agreed Extension - Initial Brief
|
On Behalf Of |
Richard Jennings
|
|
Docket Date |
2018-11-16
|
Type |
Record
|
Subtype |
Supplemental Record
|
Description |
Supplemental Records ~ 51 PAGES
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|
Docket Date |
2018-10-23
|
Type |
Order
|
Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
Description |
ORD-Supplement Record w/Trans & Toll Time for Brf. ~ ORDERED that appellant's October 22, 2018 motion to supplement the record and toll time is granted. The material requested in the motion shall be included in the record on appeal. The court reporter shall have thirty (30) days from the date of this order in which to prepare the transcript. The clerk of the lower tribunal shall prepare and file the supplemental material in this court within ten (10) days from receipt of the transcript. Appellant shall monitor the supplementation process. Further,ORDERED that the time for filing appellant's initial brief is tolled until ten (10) days after the supplemental record is received.
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|
Docket Date |
2018-10-22
|
Type |
Motions Relating to Records
|
Subtype |
Motion to Supplement Record
|
Description |
Motion To File Supplemental Record
|
On Behalf Of |
Richard Jennings
|
|
Docket Date |
2018-10-08
|
Type |
Record
|
Subtype |
Supplemental Record
|
Description |
Supplemental Records ~ 4 PAGES
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|
Docket Date |
2018-10-02
|
Type |
Order
|
Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
Description |
Order Granting Motion to Supplement the Record ~ ORDERED that appellant's October 1, 2018 motion to supplement the record is granted. The material requested in the motion shall be included in the record on appeal. The clerk of the lower tribunal shall prepare and file the supplemental material in this court within ten (10) days from the date of this order. Appellant shall monitor the supplementation process.
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Docket Date |
2018-10-01
|
Type |
Motions Relating to Records
|
Subtype |
Motion to Supplement Record
|
Description |
Motion To File Supplemental Record
|
On Behalf Of |
Richard Jennings
|
|
Docket Date |
2018-09-04
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Richard Jennings
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|
Docket Date |
2018-08-31
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
Description |
Notice of Agreed Extension - Initial Brief
|
On Behalf Of |
Richard Jennings
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|
Docket Date |
2018-08-31
|
Type |
Order
|
Subtype |
Order on Agreed Extension of Time
|
Description |
Recognizing Agreed Extension of Time ~ 60 DAYS TO 10/31/18
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|
Docket Date |
2018-07-23
|
Type |
Record
|
Subtype |
Supplemental Record
|
Description |
Supplemental Records ~ 57 PAGES
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|
Docket Date |
2018-07-19
|
Type |
Misc. Events
|
Subtype |
Status Report
|
Description |
Status Report
|
On Behalf Of |
Richard Jennings
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|
Docket Date |
2018-06-27
|
Type |
Motions Relating to Records
|
Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
Description |
Mot. file supp'l ROA & toll time
|
On Behalf Of |
Richard Jennings
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|
Docket Date |
2018-06-27
|
Type |
Order
|
Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
Description |
Ord-Supplement ROA & Toll Time for Brief ~ ORDERED that appellant's June 27, 2018 motion to supplement the record and toll time to serve initial brief is granted. The material requested in the motion shall be included in the record on appeal. The clerk of the lower tribunal shall prepare and file the supplemental material in this court within twenty (20) days from the date of this order. Appellant shall monitor the supplementation process; further,ORDERED that the time for filing appellant's initial brief is tolled until ten (10) days after the supplemental record is received.
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|
Docket Date |
2018-06-26
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ 274 PAGES
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|
Docket Date |
2018-05-03
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time for Court Reporter
|
Description |
ORD-EOT of Court Reporter Notes ~ ORDERED that the request for an extension of time to file the transcript with the circuit court clerk is granted, and the time for preparation and service of the transcript is hereby extended to and including June 6, 2018, with the following restrictions. If the transcript is not filed by June 6, 2018, the court reporter will be ordered not to appear in any further proceedings until the transcript is complete. Pursuant to Fla. R. App. P. 9.600(a), this court authorizes the Chief Judge of the Seventeenth Judicial Circuit, or the Chief Judge’s designee, to render such orders as are necessary to implement this order, and to render such further orders as are necessary to secure completion of the transcript. The Chief Judge of the Seventeenth Judicial Circuit, or the Chief Judge’s designee, shall file in this court copies of any orders entered in connection with the completion of the transcript. The reporter shall file with this court a copy of the lower tribunal clerk's receipt of any transcript filed after the date of this order.
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Docket Date |
2018-05-02
|
Type |
Motions Relating to Records
|
Subtype |
Motion for Extension of Time for Court Reporter
|
Description |
Mot for EOT to File Court Reporter Note
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|
Docket Date |
2018-04-10
|
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 May 7, 2018. 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.).
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|
Docket Date |
2018-04-06
|
Type |
Motions Relating to Records
|
Subtype |
Motion for Extension of Time for Court Reporter
|
Description |
Motion EOT For Court Reporter Transcript
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|
Docket Date |
2018-03-06
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ OF NON-RECEIPT OF TRANSCRIPT
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|
Docket Date |
2018-03-06
|
Type |
Misc. Events
|
Subtype |
Status Report
|
Description |
Status Report
|
|
Docket Date |
2018-03-01
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ (NOTICE OF AMENDED COMPLIANCE WITH 1-25-18 ORDER)
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|
Docket Date |
2018-02-07
|
Type |
Record
|
Subtype |
Exhibits
|
Description |
Received Exhibits ~ (1) ONE ENVELOPE--CD ROM
|
On Behalf Of |
Clerk - Broward
|
|
Docket Date |
2018-02-05
|
Type |
Record
|
Subtype |
Exhibits
|
Description |
Received Exhibits ~ 6 PAGES **CONFIDENTIAL**
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|
Docket Date |
2018-01-30
|
Type |
Misc. Events
|
Subtype |
Status Report
|
Description |
Status Report
|
|
Docket Date |
2018-01-30
|
Type |
Order
|
Subtype |
Order to File Status Report
|
Description |
Order to File Status Report ~ ORDERED that Apex Reporting Group is directed to file a status report within five (5) days from the date of this order regarding the preparation and filing of the transcripts.
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|
Docket Date |
2018-01-30
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ ***CORRECTED*** OF COMPLIANCE WITH COURT ORDER, DATED JANUARY 25, 2018
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|
Docket Date |
2018-01-29
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ ***SEE CORRECTED NOTICE FILED 1/30/18.*** OF COMPLIANCE WITH COURT ORDER, DATED JANUARY 25, 2018
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|
Docket Date |
2018-01-25
|
Type |
Order
|
Subtype |
Order Vacating/Withdrawing Order
|
Description |
Order Vacated ~ ORDERED that this court's January 22, 2017 order is vacated; further,Upon consideration of attorney Donovan Parker, Esq.'s January 16, 2018 response, it is ORDERED that appellant's January 3, 2018 and January 17, 2018 motions to compel trial counsel to file proper designation to court reporter and statement of judicial acts to be reviewed are granted. It appears that attorney Donovan Parker, Esq. only filed the designations in THIS COURT, but they need to be filed in the CIRCUIT COURT and SERVED on the court reporting agency. Attorney Parker is again ORDERED to file the designations with the CIRCUIT COURT and SERVE the appropriate court reporting agency within two (2) days from the date of this order, and to simultaneously file a notice of compliance with this court.
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Docket Date |
2018-01-22
|
Type |
Order
|
Subtype |
Order on Motion To Compel
|
Description |
ORD-Granting Motion to Compel ~ Upon consideration of attorney Donovan Parker, Esq.'s January 16, 2018 response, it is ORDERED that appellant's January 3, 2018 and January 17, 2018 motions to compel trial counsel to file proper designation to court reporter and statement of judicial acts to be reviewed are granted. It appears that attorney Donovan Parker, Esq. only filed the designations in THIS COURT, but they need to be filed in the CIRCUIT COURT and SERVED on the court reporting agency. Attorney Parker is again ORDERED to file the designations with the CIRCUIT COURT and SERVE the appropriate court reporting agency within two (2) days from the date of this order, and to simultaneously file a notice of compliance with this court.
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|
Docket Date |
2018-01-19
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
ORD-Stricken ~ ORDERED that the appellant's designation to the court reporter filed January 16, 2017 is stricken without prejudice to Donovan Parker, Esq., filing the designation to court reporter with the clerk of the lower tribunal.
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|
Docket Date |
2018-01-17
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix ~ TO MOTION TO COMPEL
|
On Behalf Of |
Richard Jennings
|
|
Docket Date |
2018-01-17
|
Type |
Motions Other
|
Subtype |
Motion To Compel
|
Description |
Motion To Compel ~ (SECOND) *AND* STATUS REPORT
|
On Behalf Of |
Richard Jennings
|
|
Docket Date |
2018-01-16
|
Type |
Misc. Events
|
Subtype |
Miscellaneous Docket Entry
|
Description |
Miscellaneous (DNU) ~ **STRICKEN** DESIGNATION TO COURT REPORTER.
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|
Docket Date |
2018-01-16
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ TO 1/5/18 ORDER.
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|
Docket Date |
2018-01-05
|
Type |
Order
|
Subtype |
Order to File Response
|
Description |
ORD-To File Response ~ ORDERED that Donovan L. Parker, Esquire is directed to respond, within ten (10) days from the date of this order, to appellant's January 3, 2018 "status report and motion to compel trial counsel to file designation to court reporter and statement of judicial acts to be reviewed".
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Docket Date |
2018-01-03
|
Type |
Motions Other
|
Subtype |
Motion To Compel
|
Description |
Motion To Compel ~ *AND* STATUS REPORT
|
On Behalf Of |
Richard Jennings
|
|
Docket Date |
2017-12-29
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Richard Jennings
|
|
Docket Date |
2017-12-20
|
Type |
Order
|
Subtype |
Order on Motion for Reinstatement
|
Description |
ORD-Reinstatement ~ Upon consideration of appellant's notice of compliance filed November 30, 2017 it is ORDERED that the above-styled appeal is reinstated. The Office of the Public Defender shall file a notice of appearance in this court within ten (10) days from the date of this order.
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|
Docket Date |
2017-12-19
|
Type |
Misc. Events
|
Subtype |
Determination of Indigency/LT Order Insolvency
|
Description |
Determination of Indigent Status
|
|
Docket Date |
2017-11-30
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ OF COMPLIANCE
|
On Behalf Of |
Richard Jennings
|
|
Docket Date |
2017-11-09
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellant's November 9, 2017 notice of compliance is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420 in that the certificate of service is incomplete. All certificates of service shall contain the name and physical address of the person served. You are notified of the requirement to serve the Attorney General's Office with a copy of everything you file with this court and to indicate in the certificate of service that you served the Attorney General's Office at the address below. The address is:Department of Legal Affairs1515 North Flagler Drive, Suite 900West Palm Beach, Florida 33401Appellant may re-file the document with a proper certificate of service which indicates service on the Attorney General's Office within fifteen (15) days from the date of this order.
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Docket Date |
2017-11-09
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ ***STRICKEN 11/9/17**OF COMPLIANCE RE: FEE
|
On Behalf Of |
Richard Jennings
|
|
Docket Date |
2017-10-17
|
Type |
Order
|
Subtype |
Order on Motion To Compel
|
Description |
Order Denying Motion to Compel ~ ORDERED that appellant's motion to compel is denied as moot, without prejudice to refiling if the clerk of the lower tribunal fails to review a newly filed application for indigent status. Appellant shall, within twenty (20) days from the date of this order, (1) file the enclosed application with the clerk of the lower tribunal; and (2) file in this court a notice confirming that he sent the application to the clerk of the lower tribunal.
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|
Docket Date |
2017-10-16
|
Type |
Misc. Events
|
Subtype |
Affidavit
|
Description |
Affidavit ~ ***SEE CORRECTED AFFIDAVIT*** OF CLERK
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|
Docket Date |
2017-10-13
|
Type |
Motions Other
|
Subtype |
Motion To Compel
|
Description |
Motion To Compel
|
On Behalf Of |
Richard Jennings
|
|
Docket Date |
2017-07-21
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Clerk
|
|
Docket Date |
2017-07-21
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
ORD-Sua Sponte Dismiss-No Filing Fee ~ ORDERED sua sponte that the above-styled appeal is dismissed for nonpayment of the $300.00 filing fee.
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|
Docket Date |
2017-06-08
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
ORD-Pay Filing Fee - pro se 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.If you have already been found indigent for purposes of proceedings in the lower tribunal, in this case, please file a copy of that order in this court.If you do not have an order or a determination of indigent status and believe that you are insolvent, complete the enclosed application and mail to the Clerk of the Circuit Court within thirty (30) days from the date of this order. A Notice of Compliance that you have applied for indigent status must also be filed with this court. The Clerk of the Circuit Court shall forward the Clerk's Determination to this court within ten (10) days of receipt. Failure of appellant to comply with this order will result in the dismissal of this appeal.**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.
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|
Docket Date |
2017-06-08
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2017-06-07
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
WV:Waived
|
|
Docket Date |
2017-06-07
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
Richard Jennings
|
|