|
Cynthia Kay, Appellant(s), v. David Diaz and Angela Diaz, Appellee(s).
|
5D2024-3451
|
2024-12-17
|
Open
|
|
| Classification |
NOA Final - County Civil - Landlord/Tenant/Eviction (Residential)
|
| Court |
5th District Court of Appeal
|
| Originating Court |
County Court for the Seventh Judicial Circuit, St. Johns County
2023-SP-005174
|
Parties
| Name |
CYNTHIA KAY LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Peter Arnold Robertson, Lance Clark Renfro
|
|
| Name |
DAVID DIAZ LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Vincent L Sullivan, William Joseph Bosch, III
|
|
| Name |
ANGELA DIAZ INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Lauren Patricia Blocker
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
St. Johns Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-12-31
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Order; RESPONSE ACKNOWLEDGED; APPEAL SHALL PROCEED AS FINAL APPEAL; PARTIES W/IN 10 DYS FILE MEDIATION PAPERWORK...
|
| View |
View File
|
|
| Docket Date |
2024-12-31
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to 12/30 Order
|
| On Behalf Of |
Cynthia Kay
|
|
| Docket Date |
2024-12-30
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Order; AA W/IN 10 DYS ADVISE THIS COURT RE: COUNTS REMAIN PENDING BELOW AND IF F/J IS PARTIAL...
|
| View |
View File
|
|
| Docket Date |
2024-12-27
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
David Diaz
|
|
| Docket Date |
2024-12-23
|
| Type |
Event
|
| Subtype |
Fee Satisfied
|
| Description |
Fee Satisfied
|
| View |
View File
|
|
| Docket Date |
2024-12-17
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order on Filing Fee
|
| View |
View File
|
|
| Docket Date |
2024-12-17
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-12-17
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal - Filed Below 12/13/2024
|
| On Behalf Of |
Cynthia Kay
|
|
|
|
David Diaz, Petitioner(s) v. State of Florida, Respondent(s).
|
2D2024-2624
|
2024-11-13
|
Open
|
|
| Classification |
Original Proceedings - Circuit Criminal - Mandamus
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Twelfth Judicial Circuit, DeSoto County
2007-CF-854-A
|
Parties
| Name |
DAVID DIAZ LLC
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
STATE OF FLORIDA LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Crim App Tampa Attorney General, Christopher Alexander Manon
|
|
| Name |
DeSoto Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-11-20
|
| Type |
Order
|
| Subtype |
Order to Supplement Petition
|
| Description |
Petitioner shall supplement the petition for writ of mandamus with a certificate of service showing that it has been served on the Attorney General at 3507 E. Frontage Road, Suite 200, Tampa, Florida, 33607, within twenty days. Failure to comply with this order will result in dismissal of this proceeding without further notice.
|
| View |
View File
|
|
| Docket Date |
2024-11-13
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-11-13
|
| Type |
Petition
|
| Subtype |
Petition Mandamus
|
| Description |
Fee waived as to a 3.853.
|
|
| Docket Date |
2024-12-30
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE TO PETITION FOR WRIT OF MANDAMUS
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2024-12-13
|
| Type |
Order
|
| Subtype |
Order to Respond to Petition
|
| Description |
The petitioner in the above-styled case has filed a Petition for Writ of Mandamus seeking to compel ruling on a Postconviction Motion for DNA Testing filed in the trial court as case number 07-CF-854 on or about March 27, 2024. It is possible that the pleading has been ruled on and for some reason the order has not reached the petitioner. It is also possible that the pleading is scheduled for a decision or some other action in the near future.
The State of Florida shall furnish to this court and to the petitioner a copy of any of the following types of orders issued by the trial court: a final order disposing of the pleading; an order appointing counsel to represent the petitioner in the proceeding at issue; an order dismissing, in whole or in part, the pleading with leave to amend the pleading; and an order directing the State to respond or directing that an evidentiary hearing be held.
If the State of Florida fails to serve a response within fifteen days of the date of this order, the court will consider entering a show cause order on this Petition for Writ of Mandamus.
|
| View |
View File
|
|
| Docket Date |
2024-12-11
|
| Type |
Petition
|
| Subtype |
Amended Petition
|
| Description |
Amended Petition
|
| On Behalf Of |
David Diaz
|
|
|
|
Cynthia Kay, Appellant(s) v. David Diaz and Angela Diaz, Appellee(s).
|
5D2024-1031
|
2024-04-19
|
Closed
|
|
| Classification |
Original Proceedings - County Civil - Certiorari
|
| Court |
5th District Court of Appeal
|
| Originating Court |
County Court for the Seventh Judicial Circuit, St. Johns County
SP23-5174
|
Parties
| Name |
CYNTHIA KAY LLC
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Peter Arnold Robertson, Lance Clark Renfro, Victor Terell Smith
|
|
| Name |
DAVID DIAZ LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Vincent L. Sullivan
|
|
| Name |
ANGELA DIAZ INC.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Vincent L. Sullivan
|
|
| Name |
Hon. Lauren Patricia Blocker
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
St. Johns Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-10-08
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp. w/o Mandate
|
|
| Docket Date |
2024-06-04
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
2ND AMENDED PETITION
|
|
| Docket Date |
2024-06-04
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition - PER 5/20 ORDER
|
|
| Docket Date |
2024-05-29
|
| Type |
Order
|
| Subtype |
Show Cause re Compliance with Prior Order
|
| Description |
Show Cause re Compliance with Prior Order; PT W/IN 10 DYS RE: APX TO PETITION
|
| View |
View File
|
|
| Docket Date |
2024-05-28
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Order on Motion/Request for Oral Argument; MOT FOR OA DENIED
|
| View |
View File
|
|
| Docket Date |
2024-05-21
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Docket Entry- AMENDED PETITION PER 5/20 ORDER
|
| On Behalf Of |
Cynthia Kay
|
|
| Docket Date |
2024-05-21
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Motion/Request for Oral Argument
|
| On Behalf Of |
Cynthia Kay
|
|
| Docket Date |
2024-05-21
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees and Costs
|
| On Behalf Of |
Cynthia Kay
|
|
| Docket Date |
2024-05-20
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
THIS CASE SHALL PROCEED AS AN ORIGINAL PROCEEDING PURSUANT TO FLORIDA RULE OF APPELLATE PROCEDURE 9.100. THE NOTICE OF APPEAL, FILED APRIL 18, 2024, IS TREATED AS A PETITION FOR WRIT OF CERTIORARI. PETITIONER SHALL FILE AN AMENDED PETITION AND APPENDIX BY MAY 24, 2024.
|
| View |
View File
|
|
| Docket Date |
2024-05-09
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion TO CONVERT APPEAL TO PETITION FOR CERTIORARI
|
| On Behalf Of |
Cynthia Kay
|
|
| Docket Date |
2024-05-02
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Pay Case Filing Fee-300
|
| View |
View File
|
|
| Docket Date |
2024-04-19
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order on Filing Fee
|
| View |
View File
|
|
| Docket Date |
2024-04-19
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-04-19
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
FILED BELOW: 04/18/2024; TREATED AS PETITION FOR WRIT OF CERT PER 5/20 ORDER
|
|
| Docket Date |
2024-09-18
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
PETITION DISMISSED; PT MOT ATTY FEES DENIED
|
| View |
View File
|
|
| Docket Date |
2024-06-06
|
| Type |
Order
|
| Subtype |
Order Discharging Show Cause Order
|
| Description |
Order Discharging Show Cause Order; APX FILED; OTSC DISCHARGED; RESPONSE W/IN 20 DYS; REPLY W/IN 10 DYS
|
| View |
View File
|
|
|
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DAVID DIAZ and DEYANIRA JORGE, Appellant(s) v. HHOMEOWNERS CHOICE PROPERTY & CASUALTY INSURANCE COMPANY, Appellee(s)
|
4D2022-3349
|
2022-12-16
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE21010655
|
Parties
| Name |
Deyanira Jorge
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
DAVID DIAZ LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Jeremy Fenton Tyler, John Henry Pelzer, Maria Ivelise Fuxa
|
|
| Name |
Hon. Carol-Lisa Phillips
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Homeowners Choice Property & Casualty Insurance Company
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Jacqueline Paige Meyer, Lissette Gonzalez, Stephen Nicholas Harber
|
|
Docket Entries
| Docket Date |
2023-02-24
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Order Granting Motion to Supplement the Record ~ ORDERED that appellants’ February 23, 2023 motion to supplement the record is granted. The material requested in the motion shall be included in the record on appeal. The clerk of the lower tribunal shall prepare and file the supplemental material in this court within ten (10) days from the date of this order. Appellants shall monitor the supplementation process.
|
|
| Docket Date |
2022-12-19
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the lower tribunal clerk's determination of indigent 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.**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 lower tribunal clerk's determination of indigent status is filed.
|
|
| Docket Date |
2024-03-08
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2024-03-08
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-02-15
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed
|
| View |
View File
|
|
| Docket Date |
2023-11-13
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Reply Brief
|
| On Behalf Of |
David Diaz
|
| View |
View File
|
|
| Docket Date |
2023-10-17
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Answer Brief
|
| On Behalf Of |
Homeowners Choice Property & Casualty Insurance Company
|
| View |
View File
|
|
| Docket Date |
2023-10-04
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order on Motion for Extension of Time to Serve Answer Brief
|
| View |
View File
|
|
| Docket Date |
2023-10-03
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Motion for Extension of Time to Serve Answer Brief
|
|
| Docket Date |
2023-09-14
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
15 DAYS TO 10/03/2023.
|
|
| Docket Date |
2023-09-14
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension of Time - Answer Brief
|
| On Behalf Of |
Homeowners Choice Property & Casualty Insurance Company
|
|
| Docket Date |
2023-08-17
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 09/18/2023.
|
|
| Docket Date |
2023-08-17
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
Homeowners Choice Property & Casualty Insurance Company
|
|
| Docket Date |
2023-07-03
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 45 DAYS TO 8/17/23
|
|
| Docket Date |
2023-07-03
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
Homeowners Choice Property & Casualty Insurance Company
|
|
| Docket Date |
2023-06-01
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
David Diaz
|
|
| Docket Date |
2023-05-05
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 06/07/2023
|
|
| Docket Date |
2023-05-05
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
David Diaz
|
|
| Docket Date |
2023-03-07
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 60 DAYS TO May 8, 2023
|
|
| Docket Date |
2023-03-07
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
David Diaz
|
|
| Docket Date |
2023-03-06
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 30 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2023-02-23
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
David Diaz
|
|
| Docket Date |
2023-02-08
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 377 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2023-01-17
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Homeowners Choice Property & Casualty Insurance Company
|
|
| Docket Date |
2022-12-19
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
David Diaz
|
|
| Docket Date |
2022-12-19
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-12-16
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-12-16
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
David Diaz
|
|
|
|
DAVID DIAZ VS STATE OF FLORIDA
|
2D2018-1992
|
2018-05-21
|
Closed
|
|
| Classification |
NOA Final - Circuit Criminal - 3.850 Non Summary
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Twelfth Judicial Circuit, DeSoto County
2007CF854
|
Parties
| Name |
DAVID DIAZ LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
STATE OF FLORIDA LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Attorney General, Tampa, KATHERINE COOMBS CLINE, A.A.G.
|
|
| Name |
HON. DON THOMAS HALL
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
DESOTO CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-05-21
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
DAVID DIAZ
|
|
| Docket Date |
2018-07-25
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 99 PAGES
|
|
| Docket Date |
2020-03-27
|
| Type |
Order
|
| Subtype |
Article I, Section 16(b)(10)b., Fla. Const. Order - Time Expired
|
| Description |
Case Initiated After Time Expired
|
|
| Docket Date |
2019-06-26
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2019-05-07
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-DENYING REHEARING
|
|
| Docket Date |
2019-04-04
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing ~ /RECONSIDERATION ON DISPUTED AND CONTROLLNG FACTUAL ISSUE
|
| On Behalf Of |
DAVID DIAZ
|
|
| Docket Date |
2019-03-20
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2018-12-17
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant Reply Brief
|
| On Behalf Of |
DAVID DIAZ
|
|
| Docket Date |
2018-12-11
|
| 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 beserved by January 3, 2019.
|
|
| Docket Date |
2018-12-10
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief
|
| On Behalf Of |
DAVID DIAZ
|
|
| Docket Date |
2018-11-28
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief
|
| On Behalf Of |
STATE OF FLORIDA
|
|
| Docket Date |
2018-10-02
|
| 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 shall be served within 60 days from the date of this order.
|
|
| Docket Date |
2018-10-01
|
| 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
|
|
| Docket Date |
2018-09-06
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
DAVID DIAZ
|
|
| Docket Date |
2018-08-16
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ This is a nonsummary appeal that will require briefing by both parties.
|
|
| Docket Date |
2018-08-14
|
| 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.
|
|
| Docket Date |
2018-08-14
|
| 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 |
2018-08-13
|
| 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 |
DAVID DIAZ
|
|
| Docket Date |
2018-06-25
|
| 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 4, 2018.
|
|
| Docket Date |
2018-06-22
|
| 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 |
2018-06-20
|
| Type |
Order
|
| Subtype |
Order on Motion To Compel
|
| Description |
ORD-GRANTING MOTION TO COMPEL ~ As an evidentiary hearing was held on the appellant's rule 3.850 motion, this case is recategorized as a nonsummary appeal. Within 10 days of the date of this order, the clerk of the circuit court shall effect the designation procedure delineated in Florida Rule of Appellate Procedure 9.141(b)(3)(A) and shall provide the court reporter with a copy of the present order. The court reporter shall transcribe the evidentiary hearing and file the transcript within 30 days of the date of this order, and the clerk shall supplement the record with the transcript within 10 days thereafter. The appellant's motion to enforce duties of clerk and court reporter is granted to the extent delineated in the previous paragraph.The appellant is advised that he may have 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; Rowe v. State, 777 So. 2d 1088 (Fla. 2d DCA 2001). If the 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.The initial brief shall be served within 90 days of the date of this order.
|
|
| Docket Date |
2018-06-11
|
| Type |
Motions Other
|
| Subtype |
Motion To Compel
|
| Description |
Motion To Compel ~ ENFORCE DUTIES OF CLERK AND COURT REPORTER
|
| On Behalf Of |
DAVID DIAZ
|
|
| Docket Date |
2018-05-22
|
| Type |
Order
|
| Subtype |
Summary Appeals
|
| Description |
treat as summary; transmit record
|
|
| Docket Date |
2018-05-22
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ SUMMARY - 544 PAGES
|
|
| Docket Date |
2018-05-22
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2018-05-21
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NF1:No Fee-3.850
|
|
|
|
DAVID DIAZ VS STATE OF FLORIDA
|
2D2017-0979
|
2017-03-13
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Criminal - Ineffective Assistance of Appellate Counsel
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Twelfth Judicial Circuit, DeSoto County
2007-CF-854
|
Parties
| Name |
DAVID DIAZ LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
STATE OF FLORIDA LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Attorney General, Tampa
|
|
| Name |
DESOTO CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2017-07-27
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed
|
|
| Docket Date |
2017-06-21
|
| Type |
Supreme Court
|
| Subtype |
Acknowledged Receipt from Supreme Court
|
| Description |
Acknowledged Receipt from Supreme Court ~ In response to your motion received June 19, 2017, please be advised thatthe above styled case was dismissed by this Court pursuant to Section II (B) of theSupreme Court of Florida's Internal Operating Procedures. Enclosed, please find acopy of Section II (B).
|
|
| Docket Date |
2017-05-31
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Miscellaneous
|
| Description |
Supreme Court Disposition ~ This case is hereby dismissed. This Court lacks jurisdiction to review anunelaborated decision from a district court of appeal that is issued without opinionor explanation or that merely cites to an authority that is not a case pending reviewin, or reversed or quashed by, this Court. See Wells v. State, 132 So. 3d 1110 (Fla.2014); Jackson v. State, 926 So. 2d 1262 (Fla. 2006); Gandy v. State, 846 So. 2d1141 (Fla. 2003); Stallworth v. Moore, 827 So. 2d 974 (Fla. 2002); Harrison v.Hyster Co., 515 So. 2d 1279 (Fla. 1987); Dodi Publ’g Co. v. Editorial Am. S.A.,385 So. 2d 1369 (Fla. 1980); Jenkins v. State, 385 So. 2d 1356 (Fla. 1980).No motion for rehearing or reinstatement will be entertained by the Court.
|
|
| Docket Date |
2017-05-25
|
| Type |
Supreme Court
|
| Subtype |
Review Sent to Supreme Court
|
| Description |
Review Sent to Supreme Court
|
|
| Docket Date |
2017-05-08
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
denial of writ rehearing
|
|
| Docket Date |
2017-05-01
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
DAVID DIAZ
|
|
| Docket Date |
2017-04-24
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing
|
| On Behalf Of |
DAVID DIAZ
|
|
| Docket Date |
2017-04-10
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
p.a.i.a.a.c. denied
|
|
| Docket Date |
2017-04-10
|
| Type |
Disposition
|
| Subtype |
Denied
|
| Description |
Denied - Order by Judge ~ NORTHCUTT, BLACK, AND LUCAS
|
|
| Docket Date |
2017-03-13
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2017-03-13
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NF8:No Fee-Ineffective Assistance of Counsel
|
|
| Docket Date |
2017-03-13
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Filed
|
| On Behalf Of |
DAVID DIAZ
|
|
|
|
DAVID DIAZ VS STATE OF FLORIDA
|
SC2011-0987
|
2011-05-13
|
Closed
|
|
| Classification |
Discretionary Review - Notice to Invoke - Direct Conflict of Decisions
|
| Court |
Supreme Court of Florida
|
| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Charlotte County
04-824-CF
Circuit Court for the Twentieth Judicial Circuit, Charlotte County
2D10-5275
|
Parties
| Name |
DAVID DIAZ LLC
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
STATE OF FLORIDA LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Ms. Pamela Jo Bondi
|
|
| Name |
HON. JOHN W. DOMMERICH, JUDGE
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
HON. BARBARA SCOTT, CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
HON. JAMES BIRKHOLD
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2017-06-19
|
| Type |
Event
|
| Subtype |
File Destroyed
|
| Description |
FILE DESTROYED
|
|
| Docket Date |
2012-02-10
|
| Type |
Event
|
| Subtype |
Record Center
|
| Description |
RECORD CENTER ~ C00000201295
|
|
| Docket Date |
2011-05-20
|
| Type |
Disposition
|
| Subtype |
**DISP-REV DISM NO JURIS (DODI)
|
| Description |
DISP-REV DISM NO JURIS (DODI) ~ It appearing to the Court that it is without jurisdiction, the Petition for Review is hereby dismissed. See Dodi Publishing Co. v. Editorial America, S.A., 385 So. 2d 1369 (Fla. 1980). No motion for rehearing will be entertained by the Court.
|
|
| Docket Date |
2011-05-20
|
| Type |
Event
|
| Subtype |
No Fee Required
|
| Description |
No Fee Required ~ 3.850 BELOW
|
|
| Docket Date |
2011-05-13
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NF:No Fee Required
|
|
| Docket Date |
2011-05-13
|
| Type |
Notice
|
| Subtype |
Invoke Discretionary Jurisdiction
|
| Description |
NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT)
|
| On Behalf Of |
DAVID DIAZ
|
|
|
