|
JASON SMITH, Appellant(s) v. STATE OF FLORIDA, Appellee(s).
|
2D2023-1814
|
2023-08-24
|
Closed
|
|
| Classification |
NOA Final - Circuit Criminal - 3.850 Summary
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Thirteenth Judicial Circuit, Hillsborough County
11-CF-7556
|
Parties
| Name |
JASON SMITH LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
HON. MICHELLE D. SISCO
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
HILLSBOROUGH CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
STATE OF FLORIDA LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
DAVID CAMPBELL, A.A.G., MARILYN FRANCES MUIR, A.A.G., Attorney General, Tampa
|
|
Docket Entries
| Docket Date |
2024-06-03
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-06-06
|
| Type |
Order
|
| Subtype |
Article I, Section 16(b)(10)b., Fla. Const. Order - Time Expired
|
| Description |
Article I, Section 16(b)(10)b., Fla. Const. Order - Time Expired
|
| View |
View File
|
|
| Docket Date |
2024-06-03
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2024-03-27
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2024-01-03
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Deny Miscellaneous Motion-79a ~ Appellant's motion for judicial notice is denied.
|
|
| Docket Date |
2023-12-26
|
| Type |
Motions Other
|
| Subtype |
Motion/Request for Judicial Notice
|
| Description |
Request for Judicial Notice
|
| On Behalf Of |
JASON SMITH
|
|
| Docket Date |
2023-12-05
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ NOTICE OF RECUSAL AND IMPLEMENTATION OF ETHICAL SCREEN
|
| On Behalf Of |
STATE OF FLORIDA
|
|
| Docket Date |
2023-11-27
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
JASON SMITH
|
|
| Docket Date |
2023-11-01
|
| Type |
Order
|
| Subtype |
Summary Appeals
|
| Description |
set up as summary; brief advice ~ This will proceed as a summary appeal pursuant to Florida Rule of AppellateProcedure 9.141(b)(2). Appellant is not obligated to submit a brief. An optional brief,should appellant choose to file one, must be served within thirty days.
|
|
| Docket Date |
2023-11-01
|
| 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 |
2023-11-01
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1 ~ AMENDED
|
|
| Docket Date |
2023-09-20
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ SISCO - 90 PAGES - UNREDACTED
|
|
| Docket Date |
2023-09-13
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
deny eot as premature; non-summary ~ The appellant's motion for extension of time to serve the initial brief is denied aspremature. The initial brief is not due until 30 days after service of the record on appeal,which has not yet occurred. See Fla. R. App. P. 9.141(b)(3)(C).
|
|
| Docket Date |
2023-09-11
|
| 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 |
JASON SMITH
|
|
| Docket Date |
2023-08-25
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2023-08-24
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ MBR
|
| On Behalf Of |
JASON SMITH
|
|
| Docket Date |
2023-08-24
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NF1:No Fee-3.850
|
|
| Docket Date |
2023-08-25
|
| Type |
Order
|
| Subtype |
Right to Counsel Order
|
| Description |
pro se nonsummary order ~ This appears to be a pro se appeal from an order denying a postconvictionmotion after evidentiary hearing. Appellant is advised that there may be a right to theappointment of counsel. See Beliveau v. State, 144 So. 3d 634, 637 (Fla. 2d DCA2014); see also Graham v. State, 372 So. 2d 1363 (Fla. 1979); Rowe v. State, 777 So.2d 1088 (Fla. 2d DCA 2001).If appellant cannot afford to hire an attorney and wishes the assistance ofcounsel on this appeal, appellant may file a motion in the trial court "requesting theappointment of counsel and explaining the reasons why due process considerationswarrant the appointment." Beliveau, 144 So. 3d at 637 (presenting a nonexhaustive listof factors to be considered). If appellant has not been determined to be indigent by thetrial court, such a motion should be accompanied by an affidavit of insolvency.
|
|
|
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JASON SMITH VS STATE OF FLORIDA
|
2D2023-0969
|
2023-05-05
|
Closed
|
|
| Classification |
NOA Final - Circuit Criminal - 3.850 Summary
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Thirteenth Judicial Circuit, Hillsborough County
11-CF-003620
|
Parties
| Name |
JASON SMITH LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
STATE OF FLORIDA LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
CERESE CRAWFORD TAYLOR, A.A.G., Attorney General, Tampa
|
|
| Name |
HON. LYANN GOUDIE
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
HILLSBOROUGH CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-08-21
|
| Type |
Order
|
| Subtype |
Article I, Section 16(b)(10)b., Fla. Const. Order - Time Expired
|
| Description |
Case Initiated After Time Expired
|
|
| Docket Date |
2023-08-14
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-08-14
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2023-07-19
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2023-07-10
|
| Type |
Record
|
| Subtype |
Transcript
|
| Description |
Transcript Received ~ 58 PAGES - REDACTED
|
|
| Docket Date |
2023-06-28
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Deny Miscellaneous Motion-79a ~ "Appellant's Suggestion for Certification" is denied.
|
|
| Docket Date |
2023-05-16
|
| Type |
Notice
|
| Subtype |
Suggestion for Immediate Resolution by FSC 9.125
|
| Description |
Motion SUGGEST T/CERT. CAUSE T/SC
|
| On Behalf Of |
JASON SMITH
|
|
| Docket Date |
2023-05-10
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ GOUDIE - 78 PAGES REDACTED
|
| On Behalf Of |
HILLSBOROUGH CLERK
|
|
| Docket Date |
2023-05-10
|
| 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 |
2023-05-09
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2023-05-09
|
| Type |
Order
|
| Subtype |
Summary Appeals
|
| Description |
set up as summary; brief advice ~ This will proceed as a summary appeal pursuant to Florida Rule of Appellate Procedure 9.141(b)(2). Appellant is not obligated to submit a brief. An optional brief, should appellant choose to file one, must be served within thirty days.
|
|
| Docket Date |
2023-05-08
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
JASON SMITH
|
|
| Docket Date |
2023-05-05
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NF1:No Fee-3.850
|
|
| Docket Date |
2023-05-05
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ *ORIGINALLY DOCKETED IN 23-674*
|
| On Behalf Of |
JASON SMITH
|
|
|
|
JASON SMITH, Appellant(s) v. STATE OF FLORIDA, Appellee(s).
|
2D2023-0674
|
2023-03-29
|
Closed
|
|
| Classification |
NOA Final - Circuit Criminal - 3.850 Non Summary
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Thirteenth Judicial Circuit, Hillsborough County
11-CF-003620
|
Parties
| Name |
JASON SMITH LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
STATE OF FLORIDA LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
JONATHAN S. TANNEN, A.A.G., Attorney General, Tampa
|
|
| Name |
Hon. Lyann Goudie
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
HILLSBOROUGH CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-06-02
|
| Type |
Order
|
| Subtype |
Order for Clerk to File Status Report on Record
|
| Description |
Record status report ~ The lower tribunal clerk shall file a status report on record preparation within ten days from the date of this order. If the clerk is unable to serve the record because designated transcripts have not been filed, the clerk shall list the outstanding transcripts and certify service of the status report on the applicable court reporter(s) in addition to the parties.
|
|
| Docket Date |
2023-03-30
|
| Type |
Order
|
| Subtype |
Right to Counsel Order
|
| Description |
pro se nonsummary order ~ This appears to be a pro se appeal from an order denying a postconviction motion after evidentiary hearing. Appellant is advised that there may be a right to the appointment of counsel. See Beliveau v. State, 144 So. 3d 634, 637 (Fla. 2d DCA 2014); see also Graham v. State, 372 So. 2d 1363 (Fla. 1979); Rowe v. State, 777 So. 2d 1088 (Fla. 2d DCA 2001).If appellant cannot afford to hire an attorney and wishes the assistance of counsel on this appeal, appellant may file a motion in the trial court "requesting the appointment of counsel and explaining the reasons why due process considerations warrant the appointment." Beliveau, 144 So. 3d at 637 (presenting a nonexhaustive list of factors to be considered). If appellant has not been determined to be indigent by the trial court, such a motion should be accompanied by an affidavit of insolvency.
|
|
| Docket Date |
2024-06-12
|
| Type |
Order
|
| Subtype |
Article I, Section 16(b)(10)b., Fla. Const. Order - Time Expired
|
| Description |
Article I, Section 16(b)(10)b., Fla. Const. Order - Time Expired
|
| View |
View File
|
|
| Docket Date |
2024-06-11
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-06-10
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2024-05-17
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed
|
| View |
View File
|
|
| Docket Date |
2024-03-04
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant Reply Brief
|
| On Behalf Of |
JASON SMITH
|
|
| Docket Date |
2024-02-19
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief
|
| On Behalf Of |
STATE OF FLORIDA
|
|
| Docket Date |
2024-01-16
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
JASON SMITH
|
|
| Docket Date |
2023-12-13
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER ~ In this appeal, Appellant's notice of appeal stated that he was appealing an order rendered on March 7, 2023, denying a petition for writ of mandamus. On May 5, 2023, the clerk of the lower tribunal received an "amended notice of appeal" that sought review of a March 20, 2023, order denying a motion for relief from judgment. This court treated the amended notice of appeal as a separate notice of appeal, and issued an order assigning the amended notice of appeal its own case number. Thus, this appeal only pertains to the petition for writ of mandamus. However, the record filed in this appeal primarily consists of documents from the motion for relief from judgment and not the petition for writ of mandamus. Accordingly, the record on appeal is stricken. Within 15 days of this order, the clerk of the lower tribunal shall file in this court and serve on the parties a corrected record on appeal that complies with Florida Rule of Appellate Procedure 9.141(b)(2)(A)-(B). The record shall include the following: (1) "Petition for Writ of Mandamus Pro Se" docketed on December 15, 2021; (2) "Order Alternative Writ of Mandamus/Order for the State to Show Cause" docketed on February 3, 2022; (3) "State's Response" docketed on February 24, 2022; (4) "List of Exhibits" docketed on February 24, 2022; (5) "Order Granting Evidentiary Hearing on Defendant's Petition for Writ of Mandamus" docketed on March 4, 2022; (6) "Final Order Memorializing Oral Ruling Denying Defendant's Petition for Writ of Mandamus" docketed on March 7, 2023; (7) "Notice of Appeal" docketed on March 27, 2023; and (8) "Transcript Filed 2/7/23 (Evidentiary)" docketed on July 7, 2023. Because Appellant's initial brief appears to be based on the incorrect record, the initial brief is stricken. Appellant shall file an amended initial brief within 30 days after the clerk of the lower tribunal files a corrected record. Because the petition for writ of mandamus was denied after an evidentiary hearing, this is a nonsummary appeal. An answer brief will be required in this appeal. Accordingly, Appellee's "Notice to the Court" stating that Appellee will not be filing a brief is stricken.
|
|
| Docket Date |
2023-12-13
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ GOUDIE - 145 PAGES - REDACTED ***CORRECTED***
|
| On Behalf Of |
HILLSBOROUGH CLERK
|
|
| Docket Date |
2023-12-08
|
| 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 |
2023-11-27
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
JASON SMITH
|
|
| Docket Date |
2023-10-31
|
| Type |
Order
|
| Subtype |
Order to Serve Brief
|
| Description |
Brief Overdue ~ Appellant shall serve the initial brief within twenty days from the date of thisorder, or this appeal will be subject to dismissal without further notice based on failure toprosecute.
|
|
| Docket Date |
2023-09-26
|
| Type |
Order
|
| Subtype |
Order to Serve Brief
|
| Description |
Order for Immediate Filing of Brief ~ Appellant's initial brief shall be served within 20 days from the date of this order.
|
|
| Docket Date |
2023-08-10
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ GOUDIE - 219 PAGES REDACTED
|
| On Behalf Of |
HILLSBOROUGH CLERK
|
|
| Docket Date |
2023-08-09
|
| Type |
Order
|
| Subtype |
Order for Clerk to File Status Report on Record
|
| Description |
Record status report ~ Within ten days from the date of this order, the clerk of the circuit court shall either transmit the record on appeal or file a status report on record preparation.
|
|
| Docket Date |
2023-06-23
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE
|
|
| Docket Date |
2023-06-22
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
status rprt/ct rpter/transcription ~ Compliance with this court's June 6, 2023, order is overdue. Within 5 days, Court Reporter Record Transcripts, Inc. shall file a status report on transcription.
|
|
| Docket Date |
2023-06-06
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
status rprt/ct rpter/transcription ~ Court Reporter Record Transcripts, Inc. shall file a status report on transcriptionwithin 10 days. The court reporter shall certify service of the status report on all partiesreceiving this order.
|
|
| Docket Date |
2023-06-05
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
HILLSBOROUGH CLERK
|
|
| Docket Date |
2023-05-08
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits ~ DOCKETED INTO RELATED APPEAL 2D23-969
|
| On Behalf Of |
JASON SMITH
|
|
| Docket Date |
2023-05-05
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal ~ INITATED NEW APPEAL AND DOCKETED IN 23-969
|
| On Behalf Of |
JASON SMITH
|
|
| Docket Date |
2023-04-10
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ DOCKETED IN 23-969
|
| On Behalf Of |
JASON SMITH
|
|
| Docket Date |
2023-03-30
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2023-03-29
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
JASON SMITH
|
|
| Docket Date |
2023-03-29
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NF1:No Fee-3.850
|
|
|
|
CALEB WALSH, ET AL VS KYLE BALLIF, ET AL
|
2D2021-0439
|
2021-02-04
|
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-CA-280
|
Parties
| Name |
MIDWEST BY SOUTH, L L C
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
CALEB WALSH
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
ROBERT L. SIRIANNI, JR., ESQ.
|
|
| Name |
W B L TRUST
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
HEARTLAND PROPERTIES COMMUNITY TRUST
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
COFFEE COUNTY COMMUNITY TRUST
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
JOHN RUTH CAPITAL INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
SXMW, L L C
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
HAWAIIAN VILLAGE COMMUNITY TRUST, AS TRUSTEE
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
JASON SMITH LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
KYLE BALLIF
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
DAVID F. DISSTON, ESQ., SHANE M. SMITH, ESQ., THOMAS MANIOTIS, ESQ.
|
|
| Name |
FAIR AND HONEST OFFERS, L L C
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
FRANK HOWE
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
MIDWESTERN LAND DEVELOPMENT, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HON. DARREN D. FARFANTE
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
HILLSBOROUGH CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-12-21
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-12-21
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2021-12-03
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2021-12-03
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Appellee Kyle Ballif, et al. has filed a motion for appellate attorney's fees pursuant to the applicable provisions of the Settlement Agreement between the parties. The motion for fees is granted and remanded to the trial court for determination of a reasonable amount.
|
|
| Docket Date |
2021-07-15
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief
|
| On Behalf Of |
KYLE BALLIF
|
|
| Docket Date |
2021-07-15
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
KYLE BALLIF
|
|
| Docket Date |
2021-07-01
|
| Type |
Order
|
| Subtype |
Order on Motion For Review
|
| Description |
ORD-GRANT MOTION FOR REVIEW ~ Appellants' motion to review the trial court's order denying stay is granted only to the extent that this court has reviewed the order. We approve the trial court's order denying stay.
|
|
| Docket Date |
2021-06-29
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ SUPPLEMENT TO APPELLANTS' MOTION FOR REVIEW OF THE LOWER TRIBUNAL'S ORDER DENYING STAY
|
| On Behalf Of |
CALEB WALSH
|
|
| Docket Date |
2021-06-28
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay ~ APPELLANTS' MOTION TO STAY
|
| On Behalf Of |
CALEB WALSH
|
|
| Docket Date |
2021-06-28
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER ~ Appellants' motion to stay is treated as a motion for review of the lower tribunal'sorder denying stay. See Fla. R. App. P. 9.310(a), (f). Within two days of this order,appellants shall supplement their motion for review with any pleadings filed in the lowertribunal regarding a stay and the lower tribunal's order on the motion to stay filed in thelower tribunal.
|
|
| Docket Date |
2021-06-15
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
CALEB WALSH
|
|
| Docket Date |
2021-05-18
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ FAFANTE - REDACTED - 702 PAGES
|
|
| Docket Date |
2021-05-10
|
| 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 by June 21, 2021.
|
|
| Docket Date |
2021-04-22
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ APPELLANT'S MOTION FOR EXTENSION OF TIMETO FILE INITIAL BRIEF
|
| On Behalf Of |
CALEB WALSH
|
|
| Docket Date |
2021-04-06
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
KYLE BALLIF
|
|
| Docket Date |
2021-04-05
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellants’ motion for extension of time is granted, and the initial brief shall be served by May 17, 2021.
|
|
| Docket Date |
2021-03-19
|
| 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 |
CALEB WALSH
|
|
| Docket Date |
2021-03-09
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid through Portal
|
| On Behalf Of |
CALEB WALSH
|
|
| Docket Date |
2021-03-08
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty
|
|
| Docket Date |
2021-03-02
|
| Type |
Order
|
| Subtype |
Order Discharging Show Cause Order
|
| Description |
ORD-DISCHARGING SHOW CAUSE ~ This court's February 4, 2021, order to show cause is hereby discharged.
|
|
| Docket Date |
2021-02-10
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1 ~ AMENDED
|
|
| Docket Date |
2021-02-09
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal
|
| On Behalf Of |
CALEB WALSH
|
|
| Docket Date |
2021-02-04
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2021-02-04
|
| Type |
Order
|
| Subtype |
Certificate of Service
|
| Description |
c of s; mailing addresses
|
|
| Docket Date |
2021-02-04
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
CALEB WALSH
|
|
| Docket Date |
2021-02-04
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
|
|
JASON SMITH (A.R) VS FLORIDA DEPARTMENT OF REVENUE and KIERRA BRITTANY SLATER
|
4D2020-1373
|
2020-06-11
|
Closed
|
|
| Classification |
NOA Final - Circuit Family - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
FMCE20-000076
|
Parties
| Name |
JASON SMITH LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Kierra Brittany Slater
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Florida Department of Revenue
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-07-30
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ (91 PAGES)
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2020-06-29
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2020-06-12
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2020-06-12
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
ORD-For Untimely Filing of Notice of Appeal-LT ~ The court has received the Notice of Appeal in the above-styled case and finds, from the face of the Notice, that the appeal appears to be untimely filed. The Notice was filed in the Lower Tribunal on June 10, 2020 and the Notice reflects March 13, 2020 as the date of the order being appealed.ORDERED that appellant is directed to file, within fifteen (15) days from the date of this order, a conformed copy of the order(s) being appealed and any subsequent orders which tolled the time for the filing of the Notice of Appeal. Said orders must reflect the time/date stamp so that timeliness can be determined.ORDERED that failure to comply with this order will result in the sua sponte dismissal of the above-styled case as being an untimely appeal.
|
|
| Docket Date |
2020-06-11
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Jason Smith
|
|
| Docket Date |
2020-06-11
|
| Type |
Misc. Events
|
| Subtype |
Determination of Indigency/LT Order Insolvency
|
| Description |
Determination of Indigent Status
|
|
| Docket Date |
2020-06-25
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Order
|
| Description |
ORD-FROM CIRCUIT COURT/AGENCY
|
| On Behalf Of |
Jason Smith
|
|
| Docket Date |
2020-06-25
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Jason Smith
|
|
| Docket Date |
2020-06-29
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissed as Untimely ~ The "order of court upon report of hearing officer" was rendered March 17, 2020, and the notice of appeal was not filed until June 10, 2020, over thirty days after the date of rendition of the order to be reviewed. Fla. R. App. P. 9.110(b) (requiring a notice of appeal to be filed within 30 days from the date of rendition of the order to be reviewed). This court therefore issued an order regarding the apparent untimeliness of the appeal. Upon consideration of appellant's June 25, 2020 response, it is ORDERED sua sponte that the above-styled appeal is dismissed as untimely filed.LEVINE, C.J., CONNER and KUNTZ, JJ., concur.
|
|
|
|
JASON SMITH VS STATE OF FLORIDA
|
2D2018-2757
|
2018-07-12
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Criminal - Belated Appeal
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Thirteenth Judicial Circuit, Hillsborough County
11-CF-3620
|
Parties
| Name |
JASON SMITH LLC
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
STATE OF FLORIDA LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Attorney General, Tampa, KATHERINE COOMBS CLINE, A.A.G.
|
|
| Name |
HILLSBOROUGH CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-09-26
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed
|
|
| Docket Date |
2018-08-30
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
denial of belated appeal ~ Petitioner's petition for belated appeal is denied.
|
|
| Docket Date |
2018-08-30
|
| Type |
Disposition
|
| Subtype |
Denied
|
| Description |
Denied - Order by Judge ~ Crenshaw, Morris, and Sleet
|
|
| Docket Date |
2018-08-23
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE TO PETITION FOR BELATED APPEAL
|
| On Behalf Of |
STATE OF FLORIDA
|
|
| Docket Date |
2018-08-07
|
| Type |
Order
|
| Subtype |
Order to Respond to Petition
|
| Description |
belated appeal (mail)/response ~ The Attorney General's Office shall serve a response to this petition for a belated appeal within 20 days. The response shall include any information that refutes claims in the petition. Petitioner may serve a reply within 10 days thereafter.
|
|
| Docket Date |
2018-07-13
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2018-07-12
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Filed
|
| On Behalf Of |
JASON SMITH
|
|
| Docket Date |
2018-07-12
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NF7:No Fee- Belated Appeal
|
|
|
|
JASON SMITH VS STATE OF FLORIDA
|
2D2015-4370
|
2015-10-05
|
Closed
|
|
| Classification |
NOA Final - Circuit Criminal - 3.800 Summary
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Thirteenth Judicial Circuit, Hillsborough County
11-CF-3620
|
Parties
| Name |
JASON SMITH LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
STATE OF FLORIDA LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
ATTORNEY GENERAL
|
|
| Name |
HILLSBOROUGH CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2016-05-09
|
| Type |
Record
|
| Subtype |
Returned Records
|
| Description |
Returned Records ~ SET VIA AUTO RECORD RETURN APPLICATION
|
|
| Docket Date |
2016-03-30
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2016-03-02
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Citation
|
|
| Docket Date |
2015-10-29
|
| Type |
Notice
|
| Subtype |
Notice of Filing No Answer Brief
|
| Description |
Letter - A.G. will not be filing a brief
|
|
| Docket Date |
2015-10-26
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
JASON SMITH
|
|
| Docket Date |
2015-10-15
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2015-10-15
|
| Type |
Order
|
| Subtype |
Summary Appeals
|
| Description |
set up as summary; brief advice
|
|
| Docket Date |
2015-10-05
|
| Type |
Miscellaneous Document
|
| Subtype |
Lower Tribunal Transmittal Cover Sheet
|
| Description |
LOWER TRIBUNAL TRANSMITTAL COVER SHEET
|
|
| Docket Date |
2015-10-05
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NF2:No Fee-3.800
|
|
| Docket Date |
2015-10-05
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
JASON SMITH
|
|
| Docket Date |
2015-10-05
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records
|
| On Behalf Of |
HILLSBOROUGH CLERK
|
|
|
|
JASON SMITH VS STATE OF FLORIDA
|
2D2015-3420
|
2015-07-23
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Criminal - Ineffective Assistance of Appellate Counsel
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Thirteenth Judicial Circuit, Hillsborough County
11CF-003620
|
Parties
| Name |
JASON SMITH LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
STATE OF FLORIDA LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
ATTORNEY GENERAL
|
|
| Name |
HILLSBOROUGH CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2015-11-05
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed
|
|
| Docket Date |
2015-09-28
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
p.a.i.a.a.c. denied
|
|
| Docket Date |
2015-09-28
|
| Type |
Disposition
|
| Subtype |
Denied
|
| Description |
Denied - Order by Judge ~ ALTENBERND, WALLACE, AND BLACK
|
|
| Docket Date |
2015-07-23
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Filed
|
| On Behalf Of |
JASON SMITH
|
|
| Docket Date |
2015-07-23
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NF8:No Fee-Ineffective Assistance of Counsel
|
|
|
|
JASON SMITH VS WILLIAM STROUPE
|
2D2012-2539
|
2012-05-11
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Tenth Judicial Circuit, Polk County
2010-CA-4255
|
Parties
| Name |
JASON SMITH LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
BILL MC CABE, ESQ., DEAN BURNETTI, ESQ., TIMOTHY B. SANDERS, ESQ.
|
|
| Name |
WILLIAM STROUPE
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
CHARLES W. HALL, ESQ., MARK D. TINKER, ESQ., BRADLEY E. POWERS, ESQ.
|
|
| Name |
POLK CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2015-03-31
|
| Type |
Misc. Events
|
| Subtype |
Case Destroyed
|
| Description |
Case Destroyed
|
|
| Docket Date |
2013-05-09
|
| Type |
Record
|
| Subtype |
Returned Records
|
| Description |
Returned Records ~ SET VIA AUTO RECORD RETURN APPLICATION
|
|
| Docket Date |
2013-05-08
|
| Type |
Record
|
| Subtype |
Returned Exhibits
|
| Description |
Returned Exhibits ~ SET VIA AUTO RECORD RETURN APPLICATION
|
|
| Docket Date |
2013-03-13
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2013-02-15
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2013-02-06
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set
|
|
| Docket Date |
2013-02-01
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
WILLIAM STROUPE
|
|
| Docket Date |
2012-10-30
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant Reply Brief ~ EMAILED 10/26/12
|
| On Behalf Of |
JASON SMITH
|
|
| Docket Date |
2012-10-29
|
| Type |
Notice
|
| Subtype |
Notice of Designation of E-mail Address
|
| Description |
Notice of Designation of Email Address
|
| On Behalf Of |
JASON SMITH
|
|
| Docket Date |
2012-10-03
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief ~ EMAILED 10/01/12
|
| On Behalf Of |
WILLIAM STROUPE
|
|
| Docket Date |
2012-10-03
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument ~ AE Mark D. Tinker, Esq. 0585165
|
|
| Docket Date |
2012-09-06
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDER GRANTING EOT FOR ANSWER BRIEF
|
|
| Docket Date |
2012-08-30
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief
|
| On Behalf Of |
WILLIAM STROUPE
|
|
| Docket Date |
2012-08-28
|
| Type |
Notice
|
| Subtype |
Notice of Designation of E-mail Address
|
| Description |
Notice of Designation of Email Address
|
| On Behalf Of |
WILLIAM STROUPE
|
|
| Docket Date |
2012-08-21
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 7 VOLUMES MCCARTHY
|
|
| Docket Date |
2012-08-13
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits ~ EMAILED 08/08/12
|
| On Behalf Of |
JASON SMITH
|
|
| Docket Date |
2012-08-13
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument ~ AA Bill Mc Cabe, Esq. 0157067
|
|
| Docket Date |
2012-08-13
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
JASON SMITH
|
|
| Docket Date |
2012-07-12
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDER GRANTING EOT FOR INITIAL BRIEF
|
|
| Docket Date |
2012-07-11
|
| 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 |
JASON SMITH
|
|
| Docket Date |
2012-06-15
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal ~ not certified
|
| On Behalf Of |
JASON SMITH
|
|
| Docket Date |
2012-06-08
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORD-DENYING APPELLEE'S MOTION TO DISMISS ~ serve an amended notice of appeal
|
|
| Docket Date |
2012-05-31
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ amended
|
| On Behalf Of |
JASON SMITH
|
|
| Docket Date |
2012-05-29
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ to motion to dismiss appeal
|
| On Behalf Of |
JASON SMITH
|
|
| Docket Date |
2012-05-22
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
WILLIAM STROUPE
|
|
| Docket Date |
2012-05-22
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
WILLIAM STROUPE
|
|
| Docket Date |
2012-05-21
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time for Court Reporter
|
| Description |
GR EOT COURT RPTR TRANS-CR REQ
|
|
| Docket Date |
2012-05-17
|
| 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 |
2012-05-11
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2012-05-11
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
JASON SMITH
|
|
|
