| Docket Date |
2021-12-15
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| Type |
Supreme Court
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| Subtype |
Supreme Court Miscellaneous
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| Description |
Supreme Court Disposition ~ This cause having heretofore been submitted to the Court on jurisdictional briefs and portions of the record deemed necessary to reflect jurisdiction under Article V, Section 3(b), Florida Constitution, and the Court having determined that it should decline to accept jurisdiction, it is ordered that the petition for review is denied.No motion for rehearing will be entertained by the Court. See Fla. R. App. P. 9.330(d)(2).LABARGA, LAWSON, MUÑIZ, COURIEL, and GROSSHANS, JJ., concur.
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| Docket Date |
2021-10-06
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| Type |
Order
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| Subtype |
Article I, Section 16(b)(10)b., Fla. Const. Order
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| Description |
Order per Art. I, s. 16(b)(10)(b), Fla. Const.
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|
| Docket Date |
2021-09-28
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| Type |
Misc. Events
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| Subtype |
West Publishing
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| Description |
West Publishing
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| Docket Date |
2021-09-13
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| Type |
Supreme Court
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| Subtype |
Acknowledged Receipt from Supreme Court
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| Description |
Acknowledged Receipt from Supreme Court
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|
| Docket Date |
2021-09-10
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| Type |
Supreme Court
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| Subtype |
Review Sent to Supreme Court
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| Description |
Review Sent to Supreme Court
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| On Behalf Of |
JOHN GILBERT
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|
| Docket Date |
2019-04-29
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| Type |
Misc. Events
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| Subtype |
Fee Status
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| Description |
NF:Not Required
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|
| Docket Date |
2021-09-03
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| Type |
Mandate
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| Subtype |
Mandate
|
| Description |
Mandate
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|
| Docket Date |
2021-08-13
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| Type |
Disposition by Opinion
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| Subtype |
Affirmed
|
| Description |
Affirmed - Authored Opinion
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|
| Docket Date |
2021-06-25
|
| Type |
Post-Disposition Motions
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| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing ~ see 8/13/21 opinion
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| On Behalf Of |
JOHN GILBERT
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|
| Docket Date |
2021-06-11
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| Type |
Disposition by Opinion
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| Subtype |
Affirmed
|
| Description |
Affirmed - Authored Opinion ~ WITHDRAWN SEE WORD ORDER W/ OPINION DATED 8/13/2021
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|
| Docket Date |
2021-04-01
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| Type |
Notice
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| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ APPELLEE'S NOTICE OF SUBSTITUTION OF COUNSEL
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| On Behalf Of |
STATE OF FLORIDA
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|
| Docket Date |
2021-02-10
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ Tampa
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|
| Docket Date |
2020-12-11
|
| Type |
Order
|
| Subtype |
Order Re: Video Oral Argument
|
| Description |
OA Notice Video ~ This case is provisionally set for oral argument on WEDNESDAY, FEBRUARY 10, 2021, at 9:30 A.M., before: Judge Morris Silberman, Judge Anthony K. Black, Judge Suzanne Labrit. To mitigate the impact of the COVID-19 outbreak while continuing with the orderly processing of cases, the oral argument will be conducted by video conference. The court calendars can be viewed on this court’s website at www.2dca.org. Counsel or parties are requested to sign in 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, the attorneys or parties will be notified by order no less than two weeks before the scheduled date. If this is a criminal proceeding where a victim, as defined in article I, section 16(e), Florida Constitution, has invoked their right to notice under article I, section 16(b)(6), the State is directed to provide the victim with notice of this oral argument and of any changes to 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.Within ten days from the date of this order, any attorney or party who will be presenting argument is requested to provide the Clerk of the Court with the email address where the video invitation should be sent and a telephone number. This information may be sent by email to 2dcaClerk@flcourts.org. The Clerk of the Court will provide each participant with connection instructions, including the opportunity for a test session, before the argument.
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| Docket Date |
2020-11-25
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| Type |
Record
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| Subtype |
Supplemental Record
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| Description |
Supplemental Records ~ **CONFIDENTIAL** UNREDACTED - 26 PAGES
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|
| Docket Date |
2020-11-25
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-SUA SPONTE ~ The court, on its own motion, pursuant to Florida Rule of Appellate Procedure 9.320, hereby cancels the December 2, 2020, oral argument in this case. Oral argument will be rescheduled for a later date.
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| Docket Date |
2019-04-29
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| Type |
Notice
|
| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal Filed ~ WITH ORDER APPOINTING PD
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| On Behalf Of |
JOHN GILBERT
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|
| Docket Date |
2020-11-18
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-SUA SPONTE ~ In this appeal of a sexual activity with a child conviction, counsel for the appellant argues that the trial court abused its discretion in admitting screenshots of Facebook messages between the appellant and the victim, State’s Exhibits 2A–G, and a copy of the victim’s journal, State’s Exhibit 4. Our review of this argument is hampered by the absence of these exhibits from the record on appeal. Appellant shall make arrangements within three days of the date of this order with the clerk of circuit court for Lee County to supplement the record with State’s Exhibits 2A–G and 4. The Lee County Clerk of Court shall supplement the record with State’s Exhibits 2A–G and 4, within ten days thereafter. In light of the oral argument scheduled for December 2, 2020, the clerk is requested to expedite the supplemental record.
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| Docket Date |
2020-11-18
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ OF NOVEMBER 18, 2020
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| On Behalf Of |
JOHN GILBERT
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|
| Docket Date |
2020-10-12
|
| Type |
Order
|
| Subtype |
Order Re: Video Oral Argument
|
| Description |
OA Notice Video ~ This case is provisionally set for oral argument on WEDNESDAY, DECEMBER 02, 2020, at 9:30 A.M., before: Judge Stevan T. Northcutt, Judge Craig C. Villanti, Judge Suzanne Labrit. To mitigate the impact of the COVID-19 outbreak while continuing with the orderly processing of cases, the oral argument will be conducted by video conference. The court calendars can be viewed on this court’s website at www.2dca.org. Counsel or parties are requested to sign in 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, 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.Within ten days from the date of this order, any attorney or party who will be presenting argument is requested to provide the Clerk of the Court with the email address where the video invitation should be sent and a telephone number. This information may be sent by email to 2dcaClerk@flcourts.org. The Clerk of the Court will provide each participant with connection instructions, including the opportunity for a test session, before the argument.
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|
| Docket Date |
2020-09-16
|
| Type |
Motions Relating to Oral Argument
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| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
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| On Behalf Of |
JOHN GILBERT
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|
| Docket Date |
2020-09-16
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| Type |
Brief
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| Subtype |
Reply Brief
|
| Description |
Appellant Reply Brief
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| On Behalf Of |
JOHN GILBERT
|
|
| Docket Date |
2020-09-01
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
ORDER GRANTING APPELLANT'S REPLY BRIEF ~ Appellant's motion for extension of time is granted, and the reply brief shall be served within 20 days from the date of this order.
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|
| Docket Date |
2020-08-31
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief
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| On Behalf Of |
JOHN GILBERT
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|
| Docket Date |
2020-07-30
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief
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| On Behalf Of |
STATE OF FLORIDA
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|
| Docket Date |
2020-06-30
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ Appellee's motion for extension of time is granted, and the answer brief shallbe served within 30 days from the date of this order.
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|
| Docket Date |
2020-06-29
|
| 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 |
STATE OF FLORIDA
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|
| Docket Date |
2020-05-01
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ Appellee's motion for extension of time is granted, and the answer brief shallbe served within 60 days from the date of this order.
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|
| Docket Date |
2020-05-01
|
| 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 |
STATE OF FLORIDA
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|
| Docket Date |
2020-04-10
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| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Appellant Initial Brief
|
| On Behalf Of |
JOHN GILBERT
|
|
| Docket Date |
2020-04-01
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
JOHN GILBERT
|
|
| Docket Date |
2020-03-11
|
| 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.
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|
| Docket Date |
2020-02-03
|
| 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 30 days from the date of this order.
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|
| Docket Date |
2020-01-31
|
| 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 |
JOHN GILBERT
|
|
| Docket Date |
2019-12-17
|
| 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 45 days from the date of this order.
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|
| Docket Date |
2019-12-16
|
| 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 |
JOHN GILBERT
|
|
| Docket Date |
2019-11-25
|
| 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.
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|
| Docket Date |
2019-09-16
|
| Type |
Misc. Events
|
| Subtype |
Designation of Public Defender
|
| Description |
Designation of Public Defender
|
| On Behalf Of |
JOHN GILBERT
|
|
| Docket Date |
2019-08-30
|
| Type |
Record
|
| Subtype |
Transcript
|
| Description |
Transcript Received ~ **CONFIDENTIAL** UNREDACTED - 494 PAGES
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|
| Docket Date |
2019-08-13
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE TO INABILITY TO COMPLETE RECORD
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|
| Docket Date |
2019-08-12
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF INABILITY TO COMPLETE THE RECORD
|
| On Behalf Of |
LEE CLERK
|
|
| Docket Date |
2019-07-03
|
| 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 8, 2019.
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|
| Docket Date |
2019-07-02
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion for Extension of Time for Court Reporter
|
| Description |
Motion Extension of Time Court Rpter Trans-Cr Req
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|
| Docket Date |
2019-05-30
|
| 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 July 8, 2019.
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|
| Docket Date |
2019-05-29
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion for Extension of Time for Court Reporter
|
| Description |
Motion Extension of Time Court Rpter Trans-Cr Req
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|
| Docket Date |
2019-05-06
|
| 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 30 days from the date of this order.
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|
| Docket Date |
2019-05-03
|
| 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 |
2019-04-30
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2019-04-30
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ The February 21, 2019, notice of appeal was transmitted to this court on April 29, 2019.
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