| Docket Date |
2021-05-27
|
| Type |
Record
|
| Subtype |
Returned Exhibits
|
| Description |
Returned Exhibits
|
|
| Docket Date |
2021-04-16
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-04-16
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2021-03-18
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2021-03-09
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ 4DCA
|
|
| Docket Date |
2021-03-09
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
Michael Martinez
|
|
| Docket Date |
2021-02-12
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2021-02-11
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Michael Martinez
|
|
| Docket Date |
2021-02-08
|
| Type |
Order
|
| Subtype |
Order Re: Video Oral Argument
|
| Description |
Order Re: Video Oral Argument ~ Pursuant to Florida Supreme Court Administrative Order AOSC20-109, Comprehensive COVID-19 Emergency Measures for Florida Appellate Courts and this court’s prior order, the March 9, 2021 oral argument session will take place through Zoom video conference. Should both parties file a stipulation by noon on Monday, February 15, 2021 that they waive oral argument, the court will then decide the case based upon the briefs. If the parties do not stipulate to waive oral argument, then they shall file a notice by noon on Monday, February 15, 2021 which: (1) identifies the attorneys who will be arguing the case; and (2) provides the direct contact information for those attorneys. The Clerk of the Court will separately schedule a Zoom orientation/test session with the attorneys who will be arguing the case. The Clerk of the Court will also provide connection instructions for the oral argument session the week before the session.
|
|
| Docket Date |
2020-12-22
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
ORD-Setting Oral Argument ~ This case is set for Oral Argument on March 9, 2021, at 11:15 A.M. for 15 minutes per side. In criminal cases where a victim, as defined in Article I, Section 16(e) of the Florida Constitution, has invoked their right to notice under Article I, Section 16(b)(6) of the Florida Constitution, the State shall provide the victim with notice of this oral argument and of any changes to the scheduled date or time.Pursuant to Florida Supreme Court Administrative Order AOSC20-109, Comprehensive COVID-19 Emergency Measures for Florida Appellate Courts, which requires that oral argument and other proceedings be conducted remotely during Phase 1 and Phase 2 of the pandemic, as set forth in that administrative order, this oral argument is scheduled to be conducted via Zoom. By separate order issued no later than three weeks before the scheduled oral argument, the parties will be directed to identify the attorney who will be presenting oral argument so that an orientation/test session can be scheduled by court staff with the attorneys to confirm their knowledge of the Zoom platform and test equipment compatibility.
|
|
| Docket Date |
2020-11-18
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2020-11-09
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2020-11-09
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 10 DAYS TO 11/19/2020
|
|
| Docket Date |
2020-09-30
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 40 DAYS TO 11/09/2020
|
|
| Docket Date |
2020-09-30
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2020-09-02
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
Michael Martinez
|
|
| Docket Date |
2020-08-31
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellant's August 31, 2020 request for oral argument is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that the certificate of service does not comply in substance with the requirements of Florida Rule of Judicial Administration 2.516(f).
|
|
| Docket Date |
2020-08-31
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument ~ **STRICKEN**
|
| On Behalf Of |
Michael Martinez
|
|
| Docket Date |
2020-08-28
|
| Type |
Order
|
| Subtype |
Order on Motion to Accept Brief as Timely
|
| Description |
Grant to Accept Brief Filed as Timely ~ ORDERED that appellant's August 28, 2020 motion to accept brief as timely filed is granted. The initial brief is deemed timely filed as of the date of this order.
|
|
| Docket Date |
2020-08-28
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to Accept Brief as Timely
|
| Description |
Motion To Accept Timely Brief
|
| On Behalf Of |
Michael Martinez
|
|
| Docket Date |
2020-08-28
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Michael Martinez
|
|
| Docket Date |
2020-08-11
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's August 10, 2020 motion for extension of time is granted, and appellant shall serve the initial brief within fifteen (15) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2020-08-10
|
| 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 |
Michael Martinez
|
|
| Docket Date |
2020-07-24
|
| 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 |
Michael Martinez
|
|
| Docket Date |
2020-07-24
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's July 24, 2020 motion for extension of time is granted, and appellant shall serve the initial brief within fourteen (14) days from the current due date. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2020-06-12
|
| 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 |
Michael Martinez
|
|
| Docket Date |
2020-06-12
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's June 12, 2020 motion for extension of time is granted, and appellant shall serve the initial brief within forty-five (45) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2020-04-16
|
| Type |
Record
|
| Subtype |
Exhibits
|
| Description |
Received Exhibits ~ 1 ENVELOPE.
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2020-04-14
|
| Type |
Record
|
| Subtype |
Transcript
|
| Description |
Transcript Received ~ 595 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2020-04-08
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time for Court Reporter
|
| Description |
Order Granting EOT for Court Reporter's Transcript ~ ORDERED that the court reporter’s request for an extension of time to file the transcript with the circuit court is granted, and the time for preparation and service of the transcript is extended to and including April 9, 2020. Attorneys shall notify this court of non-compliance; further,ORDERED that all other time frames pertaining to the filing of the record and briefs are extended accordingly. See Fla. R. App. P. 9.300(b) (record on appeal is due twenty (20) days after receipt of the transcript, appellant’s initial brief shall be filed within thirty (30) days from service of the index to the record.).
|
|
| Docket Date |
2020-04-07
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Order
|
| Description |
ORD-FROM CIRCUIT COURT/AGENCY ~ RE: COMPLETION OF TRANSCRIPT
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2020-04-03
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
|
| Docket Date |
2020-03-31
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ The Court appreciates the efforts, during these difficult times, by all parties and Boss Reporting to provide expedited responses and replies to the March 24, 2020 motion for extension of time. Upon consideration of the responses and replies, it is ORDERED that, pursuant to Florida Rule of Appellate Procedure 9.600(a), the Chief Judge of the Seventeenth Judicial Circuit is directed to conduct a hearing by no later than Monday, April 6, 2020 for the purpose of: (1) ascertaining Boss Reporting’s ongoing ability to complete and file transcripts; and (2) recommending to this Court, as to each case, a reasonable deadline for completion and filing of the transcript. By no later than two (2) business days prior to the scheduled hearing, Boss Reporting shall provide to the Chief Judge of the Seventeenth Judicial Circuit, with copies to this Court and all parties, a list of all cases in this Court for which a transcript is pending. The list shall include the following information as to each case: (1) the name of the court reporter; (2) the current due date of the transcript; and (3) the current status of the completion and filing of the transcript. The Chief Judge of the Seventeenth Judicial Circuit shall file in this court copies of any orders entered in connection with the hearing by no later than Tuesday, April 7, 2020.
|
|
| Docket Date |
2020-03-31
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Order
|
| Description |
ORD-FROM CIRCUIT COURT/AGENCY ~ ADMINISTRATIVE ORDER BOSS CERTIFIED REALTIME REPORTING, INC. AND COMPLETION OF TRANSCRIPTS FOR APPEALS PENDING IN THE FOURTH DISTRICT COURT OF APPEAL
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2020-03-30
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Response
|
|
| Docket Date |
2020-03-26
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-To File Response ~ ORDERED, upon consideration of the responses to Boss Reporting’s March 24, 2020 motion for extension of time, Boss Reporting shall file a reply to the responses by no later than Noon on Monday, March 30, 2020. Boss Reporting shall also serve the Chief Judge of the Seventeenth Judicial Circuit with a copy of the reply. Boss Reporting is advised that identical orders are being issued in Case Nos. 18-2640, 18-3269, 19-1007, 19-1326, 19-1795, 19-1901, 19-1938, 19- 1956, 19-2757, 19-3409, 19-3732, 19-3749, 19-3753, 19-3821, 19-3874, 19-3875, 19-3913, 19-3973, 20-0037, 20-0059, 20-0129, 20-0231, 20-0278, 20-0478, 20-0532, 20-0533, and 20-0752, and inconsistent replies should be avoided.
|
|
| Docket Date |
2020-03-26
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO BOSS REPORTING'S MOTION FOR EXTENSION OF TIME
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2020-03-25
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-To File Response ~ ORDERED, upon consideration of Boss Reporting’s March 24, 2020 motion for extension of time, both the appellant and the appellee shall file a response to the motion by no later than Noon on Thursday, March 26, 2020. The appellant and appellee may file a joint response. The parties shall also serve the Chief Judge of the Seventeenth Judicial Circuit with a copy of the response. The parties are also advised that identical orders are being issued in Case Nos. 18-2640, 18-3269, 19-1007, 19-1326, 19-1795, 19-1901, 19-1938, 19-1956, 19-2757, 19-3409, 19-3732, 19-3749, 19-3753, 19-3821, 19-3874, 19-3875, 19-3913, 19-3973, 20-0037, 20-0059, 20-0129, 20-0231, 20-0278, 20-0478, 20-0532, 20-0533, and 20-0752, and inconsistent responses filed by the same entity or attorney should be avoided.
|
|
| Docket Date |
2020-03-24
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion for Extension of Time for Court Reporter
|
| Description |
Motion EOT For Court Reporter Transcript
|
|
| Docket Date |
2020-03-09
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time for Court Reporter
|
| Description |
Order Granting EOT for Court Reporter's Transcript ~ ORDERED that the court reporter's request for an extension of time to file the transcript with the circuit court is granted, and the time for preparation and service of the transcript is extended to and including April 2, 2020. Attorneys shall notify this court of non-compliance; further,ORDERED that all other time frames pertaining to the filing of the record and briefs are extended accordingly. See Fla. R. App. P. 9.300(b) (record on appeal is due twenty (20) days after receipt of the transcript, appellant's initial brief shall be filed within thirty (30) days from service of the index to the record.).
|
|
| Docket Date |
2020-03-06
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion for Extension of Time for Court Reporter
|
| Description |
Motion EOT For Court Reporter Transcript
|
|
| Docket Date |
2020-01-30
|
| Type |
Misc. Events
|
| Subtype |
Court Reporter Acknowledgement Letter
|
| Description |
Court Reporter Acknowledgement Letter
|
|
| Docket Date |
2020-01-28
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Michael Martinez
|
|
| Docket Date |
2020-01-24
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellant to File Response ~ ORDERED that David Molansky is directed to file a supplemental response, within ten (10) days from the date of this order, to the court reporter’s January 8, 2020 acknowledgment letter stating satisfactory arrangements have not been made for payment of the transcript costs.
|
|
| Docket Date |
2020-01-17
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion For Substitution of Counsel
|
| Description |
Stipulation for Substitution of Counsel
|
| On Behalf Of |
Michael Martinez
|
|
| Docket Date |
2020-01-13
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Michael Martinez
|
|
| Docket Date |
2020-01-09
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellant to File Response ~ ORDERED that appellant is directed to respond, within five (5) days from the date of this order, to the court reporter’s January 8, 2020 acknowledgment letter stating satisfactory arrangements have not been made for payment of the transcript costs.
|
|
| Docket Date |
2020-01-08
|
| Type |
Misc. Events
|
| Subtype |
Court Reporter Acknowledgement Letter
|
| Description |
Court Reporter Acknowledgement Letter
|
|
| Docket Date |
2020-01-03
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Michael Martinez
|
|
| Docket Date |
2019-12-24
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2019-12-24
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Criminal Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file a circuit court clerk's determination of indigency status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.If appellant has already been found indigent for purposes of proceedings in the lower tribunal, in this or any other criminal case and has remained incarcerated since that time, please file a copy of that order in this court. See Fla. R. App. P. 9.430(c)(1)(B).**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2019-12-23
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Michael Martinez
|
|
| Docket Date |
2019-12-23
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
WV:Waived
|
|
