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CHRISTOPHER SMITH, Appellant(s) v. STATE OF FLORIDA, Appellee(s).
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6D2024-1337
|
2024-07-02
|
Open
|
|
| Classification |
NOA Final - Circuit Criminal - 3.850 Summary
|
| Court |
6th District Court of Appeal
|
| Originating Court |
Circuit Court for the Ninth Judicial Circuit, Orange County
2019-CF-016622-A-O
|
Parties
| Name |
CHRISTOPHER SMITH LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Orange Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
STATE OF FLORIDA LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Criminal Appeals DAB Attorney General
|
|
Docket Entries
| Docket Date |
2024-07-26
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice of Intent not file "supplemental" answer brief
|
| On Behalf Of |
CHRISTOPHER SMITH
|
|
| Docket Date |
2024-07-20
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
MARQUES - 47 PAGES
|
| On Behalf Of |
Orange Clerk
|
|
| Docket Date |
2024-07-16
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Docket Entry - COPY OF 6DCA ORDER
|
| On Behalf Of |
Orange Clerk
|
|
| Docket Date |
2024-07-16
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal - CERTIFIED COPY OF NOA
|
| On Behalf Of |
Orange Clerk
|
|
| Docket Date |
2024-07-02
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-07-02
|
| Type |
Event
|
| Subtype |
Fee Satisfied
|
| Description |
Fee Satisfied
|
|
| Docket Date |
2024-07-02
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal NOT CERTIFIED
|
| On Behalf Of |
CHRISTOPHER SMITH
|
|
| Docket Date |
2024-07-02
|
| Type |
Order
|
| Subtype |
Certify Notice of Appeal
|
| Description |
Appellant filed the notice of appeal in this court. A copy is attached to this order. The lower tribunal clerk shall promptly certify the notice and return it to this court as with any notice of appeal, accompanied by any order of indigency that may have been entered by the lower tribunal. The notice of appeal shall be returned for filing in 6D2024-1337.
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| View |
View File
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Geico General Insurance Company, Appellant(s) v. Shazam Auto Glass, LLC, a/a/o Christopher Smith, Appellee(s).
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2D2024-1502
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2024-06-28
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Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Thirteenth Judicial Circuit, Hillsborough County
20-CC-010673
|
Parties
| Name |
CHRISTOPHER SMITH LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hillsborough Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
GEICO GENERAL INSURANCE COMPANY
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Lindsey Ryan Trowell, Ariane Smith, Chloe Allyson Furfine Orta
|
|
| Name |
SHAZAM AUTO GLASS LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Anthony Thomas Prieto, Amy Tess Sullivan, Daniel B. Smith, Michael Vincent Laurato, David Michael Caldevilla
|
|
Docket Entries
| Docket Date |
2024-11-07
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Clarification
|
| Description |
Motion For Clarification
|
| On Behalf Of |
Shazam Auto Glass, LLC
|
|
| Docket Date |
2024-11-06
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Shazam Auto Glass, LLC
|
|
| Docket Date |
2024-10-14
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
NOTICE OF VOLUNTARY DISMISSAL OF APPEAL
|
| On Behalf Of |
Geico General Insurance Company
|
|
| Docket Date |
2024-09-30
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
SHAZAM'S RESPONSE TO APPELLANT'S MOTION FOR STAY
|
| On Behalf Of |
Shazam Auto Glass, LLC
|
|
| Docket Date |
2024-09-11
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| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
30 DAYS - IB DUE ON 10/15/24
|
| On Behalf Of |
Geico General Insurance Company
|
|
| Docket Date |
2024-09-11
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
APPELLANT'S MOTION TO STAY APPEAL PENDING THE FLORIDA SUPREME COURT'S RESOLUTION OF CERTIFIED QUESTIONS FROM THE
UNITED STATES ELEVENTH CIRCUIT COURT OF APPEALS
|
| On Behalf Of |
Geico General Insurance Company
|
|
| Docket Date |
2024-08-13
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Shazam Auto Glass, LLC
|
|
| Docket Date |
2024-07-02
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Pay Case Filing Fee-300
|
| On Behalf Of |
Geico General Insurance Company
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| View |
View File
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|
| Docket Date |
2024-06-28
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| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-06-28
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
W/ORDER APPEALED
|
|
| Docket Date |
2024-12-09
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Appellee's motion for appellate attorney's fees is granted. Appellee is entitled to attorney's fees in an amount to be determined by the lower tribunal. Appellee's motion for clarification or rehearing is denied as moot.
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| View |
View File
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| Docket Date |
2024-11-07
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| Type |
Disposition by Order
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| Subtype |
Dismissed
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| Description |
Pursuant to the notice of voluntary dismissal filed herein, this appeal is dismissed. Appellant's motion to stay is denied as moot.
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| View |
View File
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| Docket Date |
2024-06-28
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| Description |
This appeal has been filed without a filing fee required by section 35.22(2)(a), Florida Statutes.
The attorney for Appellant shall forward the required $300.00 filing fee or, if applicable, a certificate or order of the lower tribunal finding Appellant insolvent pursuant to section 57.081, Florida Statutes, within twenty days from the date of this order.
If this court does not receive either of the above within the prescribed time, this appeal may be subject to dismissal without further notice.
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| View |
View File
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Christopher Smith, Appellant(s), v. State of Florida, Appellee(s).
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5D2024-0681
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2024-03-14
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Open
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|
| Classification |
NOA Final - Circuit Criminal - Judgment and Sentence
|
| Court |
5th District Court of Appeal
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| Originating Court |
Circuit Court for the Fifth Judicial Circuit, Marion County
2018-CF-4943-A
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Parties
| Name |
CHRISTOPHER SMITH LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Gregg R. Brennan
|
|
| Name |
STATE OF FLORIDA LLC
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| Role |
Appellee
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| Status |
Active
|
| Representations |
Criminal Appeals DAB Attorney General, Tabitha Mills
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|
| Name |
Hon. Peter Matthew Brigham
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk Marion
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| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
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Docket Entries
| Docket Date |
2024-07-31
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| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
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| Description |
PRO SE INITIAL BRF BY 9/30; ABSENT EXTENUATING CIRCUMSTANCES, ADDITIONAL EXTENSIONS OF TIME WILL BE DENIED. MOTION TO SUPP IS DENIED
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| View |
View File
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| Docket Date |
2024-07-22
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to Serve Initial Brief
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| Description |
Motion for Extension of Time to Serve Initial Brief; Per Anders; Mailbox 07/17/24
|
|
| Docket Date |
2024-07-16
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| Type |
Notice
|
| Subtype |
Notice of Filing No Answer Brief
|
| Description |
Notice of Filing No Answer Brief
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2024-07-02
|
| Type |
Order
|
| Subtype |
Anders Order
|
| Description |
Anders Order
|
| View |
View File
|
|
| Docket Date |
2024-07-01
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| Type |
Brief
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| Subtype |
Anders Brief
|
| Description |
Anders Brief
|
| On Behalf Of |
Christopher Smith
|
|
| Docket Date |
2024-07-01
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion to Withdraw as Counsel - Anders
|
| Description |
Motion to Withdraw as Counsel - Anders
|
| On Behalf Of |
Christopher Smith
|
|
| Docket Date |
2024-05-31
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| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order on Motion for Extension of Time to Serve Initial Brief; MOT EOT MOOT
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| View |
View File
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| Docket Date |
2024-05-29
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| Type |
Order
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| Subtype |
Order
|
| Description |
Order; RELINQUISH PERIOD EXTINGUISHED; AA HAS COUNSEL; IB W/IN 30 DYS
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| View |
View File
|
|
| Docket Date |
2024-05-28
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to Serve Initial Brief
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| Description |
Motion for Extension of Time to Serve Initial Brief; MOOT PER 5/31 ORDER
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| On Behalf Of |
Christopher Smith
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|
| Docket Date |
2024-05-22
|
| Type |
Misc. Events
|
| Subtype |
Determination of Indigency/LT Order Insolvency
|
| Description |
Order Appointing Counsel - GREGG BRENNAN APPOINTED
|
|
| Docket Date |
2024-05-06
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| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Christopher Smith
|
|
| Docket Date |
2024-05-03
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| Type |
Order
|
| Subtype |
Order
|
| Description |
Order on Motion to Dismiss Appellate Counsel; MOT DISMISS COUNSEL DENIED AS MOOT
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| View |
View File
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|
| Docket Date |
2024-05-01
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| Type |
Order
|
| Subtype |
Order Relinquishing Jurisdiction
|
| Description |
UNTIL 5/20 TO APPOINT CONFLICT-FREE COUNSEL
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| View |
View File
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| Docket Date |
2024-04-30
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| Type |
Record
|
| Subtype |
Record on Appeal Confidential
|
| Description |
Record on Appeal Confidential; 283 pages
|
| On Behalf Of |
Clerk Marion
|
|
| Docket Date |
2024-04-30
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion; Mailbox 04/24/24
|
| On Behalf Of |
Christopher Smith
|
|
| Docket Date |
2024-04-22
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
Christopher Smith
|
|
| Docket Date |
2024-04-02
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| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ NO NEW PET WILL BE ESTABLISHED FROM THE PRO PET/BELATED APPEAL
|
|
| Docket Date |
2024-03-27
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Docket Entry ~ PETITION FOR BELATED APPEAL FILED PRO SE BY APPELLANT
|
|
| Docket Date |
2024-03-20
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time for Court Reporter
|
| Description |
Grant EOT Court Reporter Transcript-CR Req. ~ ROA BY 5/23/24
|
|
| Docket Date |
2024-03-15
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
ORD-INSOLV
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|
| Docket Date |
2024-03-15
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgement Letter 1
|
|
| Docket Date |
2024-03-14
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ FILED BELOW 3/14/2024
|
| On Behalf Of |
Christopher Smith
|
|
| Docket Date |
2024-03-14
|
| Type |
Misc. Events
|
| Subtype |
Order Appealed
|
| Description |
order appealed
|
|
| Docket Date |
2024-03-14
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion for Extension of Time for Court Reporter
|
| Description |
Motion Extension of Time Cort Rpter Trans-Cr Req
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CHRISTOPHER SMITH VS STATE OF FLORIDA
|
6D2023-3396
|
2023-09-01
|
Open
|
|
| Classification |
NOA Final - Circuit Criminal - Judgment and Sentence
|
| Court |
6th District Court of Appeal
|
| Originating Court |
Circuit Court for the Ninth Judicial Circuit, Orange County
2019-CF-016622-A-O
|
Parties
| Name |
CHRISTOPHER SMITH LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
HOWARD L. DIMMIG, II, P. D., KIMBERLY N. HOPKINS, A.P.D.
|
|
| Name |
STATE OF FLORIDA LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
ROBIN A. COMPTON, A.A.G., DAYTONA ATTORNEY GENERAL DAYTONA OFFICE OF THE ATTORNEY GENERAL
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|
| Name |
TIFFANY RUSSELL, CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-01-26
|
| Type |
Notice
|
| Subtype |
Notice of Change of Address
|
| Description |
Notice of Change of Address
|
| On Behalf Of |
CHRISTOPHER SMITH
|
|
| Docket Date |
2024-01-19
|
| Type |
Notice
|
| Subtype |
Notice of Filing No Answer Brief
|
| Description |
Letter - A.G. will not be filing a brief
|
| On Behalf Of |
STATE OF FLORIDA
|
|
| Docket Date |
2024-01-16
|
| Type |
Notice
|
| Subtype |
Notice of Filing No Answer Brief
|
| Description |
Letter - A.G. will not be filing a brief
|
| On Behalf Of |
STATE OF FLORIDA
|
|
| Docket Date |
2024-01-08
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
CHRISTOPHER SMITH
|
|
| Docket Date |
2023-12-27
|
| Type |
Order
|
| Subtype |
Anders Order
|
| Description |
Anders Order - Daytona AG's Office ~ Counsel for appellant has filed appellant's brief asserting no arguablemerit in this case. Appellant may within thirty days, if (s)he wishes to do so,file an additional brief calling the court's attention to any matters (s)he feelsshould be considered in connection with this appeal, and shall at the sametime serve a copy of the brief on appellee, which is Attorney General,444 Seabreeze Blvd, Suite 500, Daytona Beach, FL 32118, and appellant'scounsel, and certify on the original that a copy has been served on such offices.IN ORDER FOR THE ADDITIONAL BRIEF TO BE CONSIDERED BY THISCOURT, IT SHALL BE SERVED AND SO CERTIFIED AS STATED ABOVE.
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|
| Docket Date |
2023-12-19
|
| Type |
Brief
|
| Subtype |
Anders Brief
|
| Description |
Anders Brief
|
| On Behalf Of |
CHRISTOPHER SMITH
|
|
| Docket Date |
2023-12-14
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ RECEIVED 2 CDs // STATES EXHIBITS A AND B **LOCATED IN VAULT**
|
| On Behalf Of |
TIFFANY RUSSELL, CLERK
|
|
| Docket Date |
2023-12-07
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 183 PAGES
|
| On Behalf Of |
TIFFANY RUSSELL, CLERK
|
|
| Docket Date |
2023-10-26
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
CHRISTOPHER SMITH
|
|
| Docket Date |
2023-10-25
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
ORDER GRANTING MOTION TO SUPPLEMENT THE RECORD ~ Appellant's motion to supplement the record is granted, and appellant shall make arrangements within three days with the clerk of the lower tribunal for the supplementation of the record with the items mentioned in the motion, with the supplemental record to be filed in this court within twenty-five days from the date of this order. Appellant shall serve the initial brief within twenty days from the transmission of the supplemental record.
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|
| Docket Date |
2023-10-20
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement
|
| On Behalf Of |
CHRISTOPHER SMITH
|
|
| Docket Date |
2023-10-19
|
| Type |
Misc. Events
|
| Subtype |
Designation of Public Defender
|
| Description |
Designation of Public Defender
|
| On Behalf Of |
CHRISTOPHER SMITH
|
|
| Docket Date |
2023-10-11
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ SEALED RECORD 25 PAGES LOCATED IN IDCA CONFIDENTIAL
|
| On Behalf Of |
TIFFANY RUSSELL, CLERK
|
|
| Docket Date |
2023-09-06
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2023-09-01
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
CHRISTOPHER SMITH
|
|
| Docket Date |
2023-09-01
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NF:Not Required
|
|
| Docket Date |
2023-09-01
|
| Type |
Miscellaneous Document
|
| Subtype |
Lower Tribunal Insolvency
|
| Description |
LOWER TRIBUNAL INSOLVENCY ~ APPOINTING PD
|
| On Behalf Of |
CHRISTOPHER SMITH
|
|
|
|
CHRISTOPHER SMITH VS STATE OF FLORIDA
|
6D2023-2827
|
2023-06-14
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Criminal - Prohibition
|
| Court |
6th District Court of Appeal
|
| Originating Court |
Circuit Court for the Ninth Judicial Circuit, Orange County
2019-CF-016622-A-O
|
Parties
| Name |
CHRISTOPHER SMITH LLC
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
STATE OF FLORIDA LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
DAYTONA ATTORNEY GENERAL DAYTONA OFFICE OF THE ATTORNEY GENERAL
|
|
| Name |
TIFFANY RUSSELL, CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-10-30
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2023-10-30
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-09-29
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
dismiss petition/logan ~ Petitioner’s pro se petition for writ of prohibition is dismissed as he is represented by counsel. See Logan v. State, 846 So. 2d 472, 473 (Fla. 2003).
|
|
| Docket Date |
2023-09-29
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge ~ TRAVER, C.J., and NARDELLA and BROWNLEE, JJ.
|
|
| Docket Date |
2023-09-05
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ TO COURT ORDER
|
| On Behalf Of |
CHRISTOPHER SMITH
|
|
| Docket Date |
2023-08-24
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER ~ Case number 6D23-2529 and 6D23-2827 appear to seekidentical relief related to pending charges in lower tribunal number2019-CF-16622, in which petitioner appears to have beenappointed counsel. As pro se filings in matter for which counselhas been appointed are not authorized, See Logan v. State, 846 So.2d 472 (Fla. 2003), counsel shall, within ten days from the date ofthis order, advise this court whether he adopts the claims in thepetitions, failing which they will be dismissed without furthernotice.
|
|
| Docket Date |
2023-08-02
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee waiver approved - writ ~ The affidavit of insolvency and accompanying motion filed in this original proceeding persuade this court that petitioner is insolvent, and petitioner is accordingly declared insolvent within the meaning of chapter 57, Florida Statutes, for purposes of the filing fee associated with this petition. This determination is subject to rebuttal by respondent within twenty days.
|
|
| Docket Date |
2023-06-22
|
| Type |
Motions Other
|
| Subtype |
Motion To Appear Forma Pauperis
|
| Description |
Motion To Appear Forma Pauperis
|
| On Behalf Of |
CHRISTOPHER SMITH
|
|
| Docket Date |
2023-06-14
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2023-06-14
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Filed
|
| On Behalf Of |
CHRISTOPHER SMITH
|
|
| Docket Date |
2023-06-14
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - writ; pro se
|
|
| Docket Date |
2023-06-14
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
WV:Waived
|
|
|
|
CHRISTOPHER SMITH VS STATE OF FLORIDA
|
6D2023-2529
|
2023-05-02
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Criminal - Prohibition
|
| Court |
6th District Court of Appeal
|
| Originating Court |
Circuit Court for the Ninth Judicial Circuit, Orange County
2019-CF-016622-A/O
|
Parties
| Name |
CHRISTOPHER SMITH LLC
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
STATE OF FLORIDA LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
DAYTONA ATTORNEY GENERAL DAYTONA OFFICE OF THE ATTORNEY GENERAL
|
|
| Name |
TIFFANY RUSSELL, CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-10-30
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-10-30
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2023-10-16
|
| Type |
Notice
|
| Subtype |
Notice of Change of Address
|
| Description |
Notice of Change of Address
|
| On Behalf Of |
CHRISTOPHER SMITH
|
|
| Docket Date |
2023-09-29
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Deny Miscellaneous Motion-79a ~ Petitioner's motions, docketed June 5, 2023, and August 4, 2023, are denied as moot.
|
|
| Docket Date |
2023-09-29
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge ~ TRAVER, C.J., and NARDELLA and BROWNLEE, JJ.
|
|
| Docket Date |
2023-09-29
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
dismiss petition/logan ~ Petitioner's pro se petition for writ of prohibition is dismissed as he is represented by counsel. See Logan v. State, 846 So. 2d 472, 473 (Fla. 2003). Petitioner's motions, docketed June 5, 2023, and August 4, 2023, are denied as moot.
|
|
| Docket Date |
2023-09-05
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ TO COURT ORDER
|
| On Behalf Of |
CHRISTOPHER SMITH
|
|
| Docket Date |
2023-08-04
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ MOTION FOR RESPONSE
|
| On Behalf Of |
CHRISTOPHER SMITH
|
|
| Docket Date |
2023-08-02
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee waiver approved - writ ~ The affidavits of insolvency and accompanying motions filed in this original proceeding persuade this court that petitioner is insolvent, and petitioner is accordingly declared insolvent within the meaning of chapter 57, Florida Statutes, for purposes of the filing fee associated with this petition. This determination is subject to rebuttal by respondent within twenty days.
|
|
| Docket Date |
2023-07-27
|
| Type |
Brief
|
| Subtype |
Other Brief Not Listed
|
| Description |
Other Brief Not Listed ~ "AMICUS CURIAE BRIEF"
|
| On Behalf Of |
CHRISTOPHER SMITH
|
|
| Docket Date |
2023-06-05
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion for Appointment of Counsel
|
| Description |
Motion for Appointment of Counsel
|
| On Behalf Of |
CHRISTOPHER SMITH
|
|
| Docket Date |
2023-05-15
|
| Type |
Motions Other
|
| Subtype |
Motion To Appear Forma Pauperis
|
| Description |
Motion To Appear Forma Pauperis
|
| On Behalf Of |
CHRISTOPHER SMITH
|
|
| Docket Date |
2023-05-12
|
| Type |
Motions Other
|
| Subtype |
Motion To Appear Forma Pauperis
|
| Description |
Motion To Appear Forma Pauperis
|
| On Behalf Of |
CHRISTOPHER SMITH
|
|
| Docket Date |
2023-05-04
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - writ; pro se
|
|
| Docket Date |
2023-05-04
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2023-05-02
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
WV:Waived
|
|
| Docket Date |
2023-05-02
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Filed
|
| On Behalf Of |
STATE OF FLORIDA
|
|
| Docket Date |
2023-08-24
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER ~ Case number 6D23-2529 and 6D23-2827 appear to seekidentical relief related to pending charges in lower tribunal number2019-CF-16622, in which petitioner appears to have beenappointed counsel. As pro se filings in matter for which counselhas been appointed are not authorized, See Logan v. State, 846 So.2d 472 (Fla. 2003), counsel shall, within ten days from the date ofthis order, advise this court whether he adopts the claims in thepetitions, failing which they will be dismissed without furthernotice.
|
|
|
|
CHRISTOPHER SMITH VS STATE OF FLORIDA
|
5D2021-1986
|
2021-08-06
|
Closed
|
|
| Classification |
NOA Final - Circuit Criminal - Judgment and Sentence
|
| Court |
5th District Court of Appeal
|
| Originating Court |
Circuit Court for the Eighteenth Judicial Circuit, Brevard County
2020-CF-040290-A
|
Parties
| Name |
CHRISTOPHER SMITH LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Michael Mario Pirolo, Brevard Public Defender, Office of the Public Defender, Allison A. Havens
|
|
| Name |
STATE OF FLORIDA LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Robin A. Compton, Office of the Attorney General
|
|
| Name |
Hon. Charles G. Crawford
|
| Role |
Cross-Appellant
|
| Status |
Active
|
|
| Name |
Clerk Brevard
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-08-31
|
| Type |
Record
|
| Subtype |
Returned Records
|
| Description |
Returned Records
|
|
| Docket Date |
2022-07-01
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2022-06-08
|
| Type |
Order
|
| Subtype |
Order on Motion to Withdraw as Counsel - Anders
|
| Description |
Order Granting to Withdraw as Counsel-Anders
|
|
| Docket Date |
2022-06-07
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed ~ PCA
|
|
| Docket Date |
2022-04-18
|
| Type |
Notice
|
| Subtype |
Notice of Filing No Answer Brief
|
| Description |
Notice of Filing No Answer Brief
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2022-04-01
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion to Withdraw as Counsel - Anders
|
| Description |
ORD-ANDERS ORDER - DAYTONA BEACH
|
|
| Docket Date |
2022-03-28
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion to Withdraw as Counsel - Anders
|
| Description |
Motion to Withdraw as Counsel - Anders
|
| On Behalf Of |
Christopher Smith
|
|
| Docket Date |
2022-03-28
|
| Type |
Brief
|
| Subtype |
Anders Brief
|
| Description |
Anders Brief
|
| On Behalf Of |
Christopher Smith
|
|
| Docket Date |
2022-03-21
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD - Appeal to Proceed ~ IB DUE 3/28
|
|
| Docket Date |
2022-03-16
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ SECOND; 32 PAGES
|
| On Behalf Of |
Clerk Brevard
|
|
| Docket Date |
2022-02-16
|
| Type |
Notice
|
| Subtype |
Notice of Pending Motion Correct Sentencing Error
|
| Description |
3.800(b) Filed-Abated Pending Disposition Below
|
| On Behalf Of |
Christopher Smith
|
|
| Docket Date |
2022-02-14
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion ~ AA W/IN 10 DYS FILE NTC ADVISING...; ANDERS BRIEF, ANDERS ORDER AND MOT W/DRAWN
|
|
| Docket Date |
2022-02-10
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ TO WITHDRAW INITIAL BRIEF
|
| On Behalf Of |
Christopher Smith
|
|
| Docket Date |
2022-01-31
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 16 PAGES
|
| On Behalf Of |
Clerk Brevard
|
|
| Docket Date |
2022-01-26
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ AA COUNSEL BY 12:00 P.M. 1/31 FILE SROA...
|
|
| Docket Date |
2021-10-15
|
| Type |
Notice
|
| Subtype |
Notice of Filing No Answer Brief
|
| Description |
Notice of Filing No Answer Brief
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2021-09-30
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion to Withdraw as Counsel - Anders
|
| Description |
Motion to Withdraw as Counsel - Anders ~ STRICKEN PER 2/14 ORDER
|
| On Behalf Of |
Christopher Smith
|
|
| Docket Date |
2021-09-30
|
| Type |
Brief
|
| Subtype |
Anders Brief
|
| Description |
Anders Brief ~ W/DRAWN PER 2/14 ORDER
|
| On Behalf Of |
Christopher Smith
|
|
| Docket Date |
2021-09-02
|
| Type |
Record
|
| Subtype |
Exhibits
|
| Description |
Received Exhibits ~ WALLET MADE
|
| On Behalf Of |
Clerk Brevard
|
|
| Docket Date |
2021-09-01
|
| Type |
Misc. Events
|
| Subtype |
Designation of Public Defender
|
| Description |
Designation of Public Defender
|
| On Behalf Of |
Clerk Brevard
|
|
| Docket Date |
2021-08-31
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 174 PAGES
|
| On Behalf Of |
Clerk Brevard
|
|
| Docket Date |
2021-08-06
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ FILED BELOW 08/04/21
|
| On Behalf Of |
Christopher Smith
|
|
| Docket Date |
2021-08-06
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgement Letter 1
|
|
| Docket Date |
2021-08-06
|
| Type |
Misc. Events
|
| Subtype |
Determination of Indigency/LT Order Insolvency
|
| Description |
LT CRT ORD O/INDG & APP O/CNSL
|
|
|
|
CHRISTOPHER SMITH VS STATE OF FLORIDA
|
2D2018-3889
|
2018-09-28
|
Closed
|
|
| Classification |
NOA Final - Circuit Criminal - Judgment and Sentence
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Twelfth Judicial Circuit, Sarasota County
18-CF-5041
|
Parties
| Name |
CHRISTOPHER SMITH LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
HOWARD L. DIMMIG, I I, P. D., Stephania Anna Valantasis, A.P.D.
|
|
| Name |
STATE OF FLORIDA LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
JONATHAN P. HURLEY, A.A.G., Attorney General, Tampa
|
|
| Name |
HON. CHARLES E. ROBERTS
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
SARASOTA CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-04-01
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2020-02-28
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2019-09-24
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief
|
| On Behalf Of |
STATE OF FLORIDA
|
|
| Docket Date |
2019-08-26
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
CHRISTOPHER SMITH
|
|
| Docket Date |
2019-07-16
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 2ND SUPPLEMENTAL - 10 PAGES
|
|
| Docket Date |
2019-06-21
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time for Court Reporter
|
| Description |
GR EOT COURT RPTR TRANS-CR REQ ~ The court reporter's motion for extension of time to file the transcript is granted until August 5, 2019.
|
|
| Docket Date |
2019-06-20
|
| Type |
Order
|
| Subtype |
Order Vacating/Withdrawing Order
|
| Description |
ORDER VACATED ~ This court's May 24, 2019, order is vacated. Appellant's May 23, 2019, motion to supplement the record and for an extension of time is denied. Appellant's June 19, 2019, motion to supplement the record and for an extension of time is granted. Supplemental directions having already been filed, the clerk of the trial court is directed to supplement the record within thirty days, and the initial brief shall be served within sixty days of this order.
|
|
| Docket Date |
2019-06-20
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion for Extension of Time for Court Reporter
|
| Description |
Motion Extension of Time Court Rpter Trans-Cr Req
|
|
| Docket Date |
2019-06-19
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE TO COURT ORDER DATED JUNE 4, 2019
|
| On Behalf Of |
CHRISTOPHER SMITH
|
|
| Docket Date |
2019-06-19
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Motion Supplemental Record & Eot For Brief
|
| On Behalf Of |
CHRISTOPHER SMITH
|
|
| Docket Date |
2019-06-04
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ The court reporter has filed an acknowledgement indicating that transcripts are unavailable for the date requested in the motion to supplement. Appellant shall serve a response within fifteen days of the date of this order.
|
|
| Docket Date |
2019-05-29
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ COURT REPORTER'S ACKNOWLEDGMENT AND CERTIFICATE OF NO NOTES FOR HEARING REQUESTED
|
|
| Docket Date |
2019-05-24
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
ORD-GRANT SUPP.REC & EOT F/BRF ~ ***VACATED - SEE 6/20/19 ORDER***Appellant's motion to supplement the record and for an extension of time is granted. Supplemental directions having already been filed, the clerk of the trial court is directed to supplement the record within thirty days, and the initial brief shall be served within sixty days of this order.
|
|
| Docket Date |
2019-05-23
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Motion Supplemental Record & Eot For Brief
|
| On Behalf Of |
CHRISTOPHER SMITH
|
|
| Docket Date |
2019-04-09
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Order
|
| Description |
ORD-FROM CIRCUIT COURT ~ order dismissing pro se third petition for clarification
|
|
| Docket Date |
2019-03-28
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellant's motion for extension of time is granted, and the initial brief shall be served within 60 days from the date of this order.
|
|
| Docket Date |
2019-03-26
|
| 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 |
CHRISTOPHER SMITH
|
|
| Docket Date |
2019-01-29
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
CHRISTOPHER SMITH
|
|
| Docket Date |
2019-01-25
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellant's motion for extension of time is granted, and the initial brief shall be served within 60 days from the date of this order.
|
|
| Docket Date |
2019-01-24
|
| 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 |
CHRISTOPHER SMITH
|
|
| Docket Date |
2018-12-21
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 256 PAGES
|
|
| Docket Date |
2018-11-21
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Document
|
| Description |
Miscellaneous Trial Court Document ~ COURT REPORTER'S ACKNOWLEDGMENT
|
|
| Docket Date |
2018-11-19
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Order
|
| Description |
ORD-FROM CIRCUIT COURT ~ ORDER DISMISSING PRO SE PETITION FOR CLARIFICATION
|
|
| Docket Date |
2018-11-16
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
ORD-GRANT SUPP.REC & EOT F/BRF ~ Appellant's motion to supplement the record and for an extension of time is granted. Supplemental directions having already been filed, the clerk of the trial court is directed to supplement the record within thirty days, and the initial brief shall be served within sixty days of this order.
|
|
| Docket Date |
2018-11-14
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Motion Supplemental Record & Eot For Brief
|
| On Behalf Of |
CHRISTOPHER SMITH
|
|
| Docket Date |
2018-11-07
|
| Type |
Misc. Events
|
| Subtype |
Designation of Public Defender
|
| Description |
Designation of Public Defender
|
|
| Docket Date |
2018-11-01
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ ROBERTS **CORRECTED** - 89 PAGES
|
|
| Docket Date |
2018-10-15
|
| Type |
Misc. Events
|
| Subtype |
Determination of Indigency/LT Order Insolvency
|
| Description |
Order Deter Insolvency Purpose Appointing Pub Def
|
|
| Docket Date |
2018-10-01
|
| Type |
Order
|
| Subtype |
Right to Counsel Order
|
| Description |
pro se J & S/right to counsel
|
|
| Docket Date |
2018-10-01
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2018-09-28
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NF:Not Required
|
|
| Docket Date |
2018-09-28
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
CHRISTOPHER SMITH
|
|
|
|
CHRISTOPHER SMITH VS U.S. BANK TRUST, N.A.
|
2D2018-0307
|
2018-01-18
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Sixth Judicial Circuit, Pinellas County
2014-8730-CI
|
Parties
| Name |
CHRISTOPHER SMITH LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
U.S. BANK TRUST, N.A.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
DANIEL S. STEIN, ESQ., MARY PASCAL STELLA, ESQ., ELISABETH PORTER, ESQ.
|
|
| Name |
HON. JOHN A. SCHAEFER
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
PINELLAS CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2019-07-29
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2019-07-03
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Attorney Fees/Appellant ~ Appellant's motion for appellate attorney's fees is denied.
|
|
| Docket Date |
2019-07-03
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2019-06-19
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ Tampa
|
|
| Docket Date |
2019-06-18
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority ~ APPELLEE'S NOTICE OF SUPPLEMENTAL AUTHORITY
|
| On Behalf Of |
U.S. BANK TRUST, N.A.
|
|
| Docket Date |
2019-05-06
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
U.S. BANK TRUST, N.A.
|
|
| Docket Date |
2019-04-05
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Oral Argument Notice ~ This case is provisionally set for oral argument on WEDNESDAY, JUNE 19, 2019, at 11:00 A.M., before: Judge Patricia J. Kelly, Judge Nelly N. Khouzam, Judge Andrea T. Smith. Oral argument will occur at the Second District Court of Appeal, Tampa Branch Headquarters, in the courtroom of the Stetson University College Of Law, Tampa Campus, First Floor, 1700 North Tampa Street, Tampa, Florida. The court calendars can be viewed on this court’s website at www.2dca.org. Counsel or parties are requested to make their presence known to the receptionist by fifteen minutes prior to the time listed above.The panel is subject to change without notice. Should the assigned panel of judges decide that the court will not benefit from oral argument in this proceeding, the attorneys or parties will be notified by order no less than two weeks before the scheduled date.Please review the notice regarding oral argument in the Second District Court of Appeal. A copy has been furnished with this order and may also be found on this court’s website.
|
|
| Docket Date |
2019-01-18
|
| Type |
Order
|
| Subtype |
Order on Motion For Clarification
|
| Description |
Grant Clarification-77 ~ Appellee's motion for clarification is granted as follows. This appeal will proceed on the initial brief filed by Attorneys Mark Stopa and Latasha Scott on July 17, 2018. The answer brief is accepted as timely filed. The motion to withdraw as counsel for the Appellant filed by Attorney Latasha Scott is granted, and Attorney Scott is relieved of further Appellate responsibilities. Appellant shall proceed pro se without prejudice to retaining new counsel who must file a notice of appearance in this court. Appellant may serve a reply brief within forty days of the date of this order.
|
|
| Docket Date |
2019-01-16
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
CHRISTOPHER SMITH
|
|
| Docket Date |
2019-01-15
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief
|
| On Behalf Of |
U.S. BANK TRUST, N.A.
|
|
| Docket Date |
2019-01-15
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Clarification
|
| Description |
Motion For Clarification ~ APPELLEE'S MOTION FOR CLARIFICATION OF ORDERS DATED OCTOBER 9, 2018 AND JANUARY 4, 2019
|
| On Behalf Of |
U.S. BANK TRUST, N.A.
|
|
| Docket Date |
2019-01-04
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER ~ This court acknowledges the expiration of the stay extension in case 8:18-bk-08436-RCT, United States Bankruptcy Court, Middle District of Florida. This appeal shall proceed. Appellant shall serve the initial brief within 30 days of the date of this order.
|
|
| Docket Date |
2018-11-16
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ STATUS REPORT AND NOTICE OF FILING OF ORDER CONFIRMING THEAUTOMATIC STAY PROVIDED BY 11 U.S.C. § 362 REMAINS IN EFFECT
|
|
| Docket Date |
2018-10-24
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ This court is prevented from any action in this appeal due to the stay imposed by the October 12, 2018, order entered by the United States Bankruptcy Court, Middle District of Florida, in case 8:18-bk-08436-RCT, unless the Trustee executes a consent or a party otherwise receives stay relief from the bankruptcy court which at this time has jurisdiction. It is ORDERED that the bankruptcy trustee shall, and the parties may, inform this court when the bankruptcy court grants relief from the stay or file a status report by November 16, 2018, whichever occurs first. The status report shall be served on all parties as required by Florida Rule of Judicial Administration 2.516(a).
|
|
| Docket Date |
2018-10-18
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ (NOTICE OF FILING BANKRUPTCY ORDER)
|
|
| Docket Date |
2018-10-09
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
ORD-WITHDRAW AS COUNSEL ~ The Appellee's motion to dismiss is denied. The motion to withdraw as counsel for the Appellant filed by Attorney Mark Stopa is granted. Attorney Stopa is relieved of further appellate responsibilities. Appellant is directed to serve the initial brief, either pro se or through substitute counsel, within 30 days from the date of this order.
|
|
| Docket Date |
2018-10-01
|
| Type |
Misc. Events
|
| Subtype |
Certificate
|
| Description |
Certificate ~ OF THE CLERK
|
|
| Docket Date |
2018-09-18
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
CHRISTOPHER SMITH
|
|
| Docket Date |
2018-09-05
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-TO FILE RESPONSE ~ Appellant is directed to respond within ten (10) days from the date of this order to Appellee’s motion to dismiss appeal.
|
|
| Docket Date |
2018-09-04
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
U.S. BANK TRUST, N.A.
|
|
| Docket Date |
2018-08-13
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 5 PAGES
|
|
| Docket Date |
2018-08-06
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 60 - AB due 10/05/18
|
| On Behalf Of |
U.S. BANK TRUST, N.A.
|
|
| Docket Date |
2018-07-19
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
ORDER GRANTING MOTION TO SUPPLEMENT THE RECORD ~ Appellant's motion to supplement the record is granted, and appellant shall make arrangements within three days with the clerk of the circuit court for the supplementation of the record with the items mentioned in the motion, with the supplemental record to be filed in this court within twenty-five days from the date of this order.
|
|
| Docket Date |
2018-07-17
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
CHRISTOPHER SMITH
|
|
| Docket Date |
2018-07-17
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
CHRISTOPHER SMITH
|
|
| Docket Date |
2018-07-17
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
CHRISTOPHER SMITH
|
|
| Docket Date |
2018-07-17
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
CHRISTOPHER SMITH
|
|
| Docket Date |
2018-06-27
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellant's motion for extension of time is granted, and the initial brief shall be served within 20 days.
|
|
| Docket Date |
2018-06-26
|
| 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 |
CHRISTOPHER SMITH
|
|
| Docket Date |
2018-05-22
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30 - IB due 06/21/18
|
| On Behalf Of |
CHRISTOPHER SMITH
|
|
| Docket Date |
2018-04-23
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30- IB DUE 05/22/18
|
| On Behalf Of |
CHRISTOPHER SMITH
|
|
| Docket Date |
2018-04-03
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ SCHAEFER - 447 PAGES
|
|
| Docket Date |
2018-03-23
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30- IB DUE 04/22/18
|
| On Behalf Of |
CHRISTOPHER SMITH
|
|
| Docket Date |
2018-02-09
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
U.S. BANK TRUST, N.A.
|
|
| Docket Date |
2018-01-25
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2018-01-18
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
CHRISTOPHER SMITH
|
|
| Docket Date |
2018-01-18
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
CHRISTOPHER SMITH VS STATE OF FLORIDA
|
2D2016-5333
|
2016-12-01
|
Closed
|
|
| Classification |
NOA Final - Circuit Criminal - Judgment and Sentence
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Tenth Judicial Circuit, Polk County
CF96-000743-XX
|
Parties
| Name |
CHRISTOPHER SMITH LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
HOWARD L. DIMMIG, I I, P. D., JOANNA B. CONNER, A. P. D.
|
|
| Name |
JANIE CASTLEBERRY, CT. RPTR., (DNU)
|
| Role |
Appellant
|
| Status |
Withdrawn
|
|
| Name |
STATE OF FLORIDA LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Attorney General, Tampa
|
|
| Name |
HON. J. KEVIN ABDONEY
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
POLK CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-02-19
|
| Type |
Order
|
| Subtype |
Article I, Section 16(b)(10)b., Fla. Const. Order
|
| Description |
Order per Art. I, s. 16(b)(10)(b), Fla. Const. ~ Article I, section 16(b)(10)(b), 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 noncapital 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 required time. The circumstances causing delay in this case included multiple motions for extension of time to file briefs, multiple proceedings in trial court on motions to correct sentencing error, jurisdiction relinquished, and supplemental briefing required after case assignment.
|
|
| Docket Date |
2019-03-15
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2019-02-13
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2018-10-31
|
| Type |
Brief
|
| Subtype |
Anders Brief
|
| Description |
Anders Brief
|
| On Behalf Of |
CHRISTOPHER SMITH
|
|
| Docket Date |
2018-10-08
|
| Type |
Order
|
| Subtype |
Order on Motion For Leave To File Amended Brief
|
| Description |
Grant Motion File Amended Brief-12c ~ Appellant's motion to file amended initial brief is granted, and the amended initial brief shall be served within thirty days from the date of this order.
|
|
| Docket Date |
2018-08-31
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 4TH SUPPLEMENTAL - 341 PAGES
|
|
| Docket Date |
2018-08-31
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to Amend Brief
|
| Description |
Motion For Leave To File Amended Brief
|
| On Behalf Of |
CHRISTOPHER SMITH
|
|
| Docket Date |
2018-08-29
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-SUA SPONTE ~ Pursuant to this court's July 11, 2018, order, the trial court entered a July 31, 2018, "Order granting defendant's third motion to correct sentencing error," addressing several errors in Mr. Smith's probation revocation order as well as the absence of an order vacating Mr. Smith's December 15, 2016, judgment and sentence. Notably, the July 31, 2018, order stated that "an amended written order revoking [Mr. Smith]'s probation and an order vacating [Mr. Smith]'s sentence . . . will be issued contemporaneously with this order." However, the appellate record has not yet been supplemented with either of the contemporaneously-issued (a) amended revocation order; or, (b) order vacating Mr. Smith's December 15, 2016, judgment and sentence. Therefore, the clerk of the circuit court shall transmit the above items to this court within ten days of the date of this order. See Fla. R. App. P. 9.200(f)(2).
|
|
| Docket Date |
2018-08-06
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Order
|
| Description |
ORD-FROM CIRCUIT COURT ~ ORDER GRANTING THIRD MOTION TO CORRECT SENTENCING ERROR
|
|
| Docket Date |
2018-07-30
|
| Type |
Notice
|
| Subtype |
Notice of Pending Motion Correct Sentencing Error
|
| Description |
Notice of Pending Motion to Correct Sentencing Error
|
| On Behalf Of |
CHRISTOPHER SMITH
|
|
| Docket Date |
2018-07-11
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-STRICKEN ~ Counsel for Mr. Smith filed an Anders brief asserting no arguable merit in this case. This court has identified several issues requiring briefing from the parties. See In re Anders Briefs, 581 So. 2d 149, 151 (Fla. 1991). Accordingly, we strike the Anders brief.The parties are directed to file supplemental briefs addressing whether successor Judge Shelby, who did not preside at the violation of probation hearing and may not have been privy to the evidence presented at the hearing, was permitted to enter the revocation order. See, e.g., Helveston v. State, 193 So. 3d 1004, 1005 (Fla. 2d DCA 2016); Acker v. State, 823 So. 2d 875, 876 (Fla. 2d DCA 2002).The parties shall also address whether the revocation order, which indicates that Mr. Smith admitted to the probation violation, is in accord with what transpired at the revocation hearing. See, e.g., Caldwell v. State, 72 So. 3d 779, 779-80 (Fla. 2d DCA 2011).Finally, during the pendency of this appeal, the trial court granted Mr. Smith's motion to correct sentencing error pursuant to Florida Rule of Criminal Procedure 3.800(b), released Mr. Smith from his sentence in case number 96CF-743, and vacated the November 2016 sentence for that case. However, our record does not contain an amended revocation order reflecting Mr. Smith's successful challenge to his sentence in 96CF-743. The revocation order before us reflects the revocation of Mr. Smith's probation in both 96CF-743 and 96CF-744. The parties' briefs shall address this inconsistency. Appellant shall file his supplemental initial brief within twenty days of the date of this order. Appellee shall file its supplemental answer brief within ten days of the filing of the supplemental initial brief.
|
|
| Docket Date |
2018-01-03
|
| Type |
Order
|
| Subtype |
Anders Order
|
| Description |
anders order for pro se brief ~ Counsel for appellant has filed appellant's brief asserting no arguable merit in this case. Appellant may within thirty days, if (s)he wishes to do so, file with this court an additional brief calling the court's attention to any matters (s)he feels should be considered in connection with this appeal, and shall at the same time serve a copy of the brief on appellee, which is Attorney General, 3507 E. Frontage Road, Suite 200, Tampa, Florida, 33607, and appellant's counsel, and certify on the original that a copy has been served on such offices.
|
|
| Docket Date |
2017-12-29
|
| Type |
Brief
|
| Subtype |
Anders Brief
|
| Description |
Anders Brief ~ ***STRICKEN***(see 07/11/18 ord)
|
| On Behalf Of |
CHRISTOPHER SMITH
|
|
| Docket Date |
2017-12-20
|
| Type |
Order
|
| Subtype |
Order re 3.800(b)(2) Motion
|
| Description |
rule 3.800(b)(2) supp. record rec'd ~ This court has received the supplemental record prepared by the circuit court clerk pursuant to Florida Rule of Appellate Procedure 9.140(f)(6).
|
|
| Docket Date |
2017-12-19
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 3RD SUPPLEMENTAL - 13 PAGES
|
|
| Docket Date |
2017-11-29
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
ORD-GRANT SUPP.REC & EOT F/BRF ~ Appellant's motion to supplement the record and for an extension of time is granted. Supplemental directions having already been filed, the clerk of the trial court is directed to supplement the record within thirty days, and the initial brief shall be served within sixty days of this order.
|
|
| Docket Date |
2017-11-28
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Motion Supplemental Record & Eot For Brief
|
| On Behalf Of |
CHRISTOPHER SMITH
|
|
| Docket Date |
2017-11-21
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 2ND SUPPLEMENTAL - REDACTED - 212 PAGES
|
|
| Docket Date |
2017-09-29
|
| Type |
Order
|
| Subtype |
Order on Motion to Relinquish Jurisdiction
|
| Description |
ORDER GRANTING RELINQUISH JURISDICTION ~ The appellant's motion to extend relinquishment of jurisdiction is granted. Jurisdiction shall remain relinquished through November 13, 2017, by which date the trial court shall enter an order on the appellant's rule 3.800(b)(2) motion.
|
|
| Docket Date |
2017-09-25
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time
|
| On Behalf Of |
CHRISTOPHER SMITH
|
|
| Docket Date |
2017-08-14
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Order
|
| Description |
ORD-FROM CIRCUIT COURT ~ ORDER SETTING STATUS CONFERENCE
|
|
| Docket Date |
2017-07-31
|
| Type |
Order
|
| Subtype |
Order re 3.800(b)(2) Motion
|
| Description |
rule 3.800(b)(2) notice
|
|
| Docket Date |
2017-07-28
|
| Type |
Notice
|
| Subtype |
Notice of Pending Motion Correct Sentencing Error
|
| Description |
Notice of Pending Motion to Correct Sentencing Error
|
| On Behalf Of |
CHRISTOPHER SMITH
|
|
| Docket Date |
2017-07-24
|
| Type |
Order
|
| Subtype |
Order re 3.800(b)(2) Motion
|
| Description |
rule 3.800(b)(2) supp. record rec'd ~ This court has received the supplemental record prepared by the circuit court clerk pursuant to Florida Rule of Appellate Procedure 9.140(f)(6). Appellant shall serve the initial brief within fifteen days of this order.
|
|
| Docket Date |
2017-07-13
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 35 PAGES
|
|
| Docket Date |
2017-06-21
|
| Type |
Order
|
| Subtype |
Order re 3.800(b)(2) Motion
|
| Description |
rule 3.800(b)(2) notice
|
|
| Docket Date |
2017-06-20
|
| Type |
Notice
|
| Subtype |
Notice of Pending Motion Correct Sentencing Error
|
| Description |
Notice of Pending Motion to Correct Sentencing Error
|
| On Behalf Of |
CHRISTOPHER SMITH
|
|
| Docket Date |
2017-06-08
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellant's motion for extension of time is granted, and the initial brief shall be served within 60 days of this order.
|
|
| Docket Date |
2017-06-06
|
| 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 |
CHRISTOPHER SMITH
|
|
| Docket Date |
2017-04-04
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellant's motion for extension of time is granted, and the initial brief shall be served within 60 days of this order.
|
|
| Docket Date |
2017-04-03
|
| 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 |
CHRISTOPHER SMITH
|
|
| Docket Date |
2017-02-01
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ ABDONEY **REDACTED**
|
|
| Docket Date |
2017-01-06
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time for Court Reporter
|
| Description |
GR EOT COURT RPTR TRANS-CR REQ
|
|
| Docket Date |
2016-12-16
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2016-12-08
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion for Extension of Time for Court Reporter
|
| Description |
Motion Extension of Time Court Rpter Trans-Cr Req
|
| On Behalf Of |
JANIE CASTLEBERRY, CT. RPTR., (DNU)
|
|
| Docket Date |
2016-12-01
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NF:Not Required
|
|
| Docket Date |
2016-12-01
|
| Type |
Miscellaneous Document
|
| Subtype |
Lower Tribunal Insolvency
|
| Description |
LOWER TRIBUNAL INSOLVENCY ~ PUBLIC DEFENDER APPOINTED
|
|
| Docket Date |
2016-12-01
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
CHRISTOPHER SMITH
|
|
|
