| Docket Date |
2017-04-03
|
| Type |
Disposition
|
| Subtype |
Granted
|
| Description |
Granted - Order by Judge
|
|
| Docket Date |
2017-03-09
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Order
|
| Description |
**DNU** ORD-From Circuit Court ~ REPORT AND RECOMMENDATION
|
|
| Docket Date |
2017-02-01
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that the State's January 23, 2017 motion for extension of time is granted. The time for the commissioner to file a report and recommendation is extended sixty (60) days from the date of this order.
|
|
| Docket Date |
2017-01-23
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ **AND** MOTION FOR EXTENSION OF TIME
|
|
| Docket Date |
2016-12-01
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Order
|
| Description |
**DNU** ORD-From Circuit Court ~ APPOINTING HON. MICHAEL I. ROTSCHILD AS COMMISSIONERR
|
|
| Docket Date |
2016-11-30
|
| Type |
Order
|
| Subtype |
Order Appointing Commissioner
|
| Description |
ORD-Appoint Circuit Judge as Commissioner ~ ORDERED that the Chief Judge of the 17th Judicial Circuit is directed to appoint a circuit judge as commissioner with directions to make findings of fact as to whether petitioner received the August 27, 2015 order denying his motion for rehearing with sufficient time to file a notice of appeal and to provide a recommendation as to whether a belated appeal should be granted. The commissioner shall file a report and recommendation in this court no later than sixty (60) days from the date of this order. No transcript shall be filed unless required by further order. The parties shall have ten (10) days from receipt of the report to file objections in this court to the commissioner’s findings of fact. If no objections are filed within the time allowed, the commissioner’s findings and recommendation will be adopted by this court.
|
|
| Docket Date |
2016-11-02
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
|
| Docket Date |
2016-11-02
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
|
| Docket Date |
2016-10-18
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Why Belated Appeal not be Granted ~ ORDERED that respondent, the State of Florida, shall file a response within twenty (20) days and show cause why a belated appeal should not be granted. Petitioner may file a reply within ten (10) days of service of the response.The parties shall discuss whether it is necessary to appoint a commissioner to make factual findings.
|
|
| Docket Date |
2016-10-13
|
| Type |
Order
|
| Subtype |
Order Reclassifying Case
|
| Description |
ORD-NOA Treated as Writ ~ ORDERED that the August 22, 2016 Notice of Appeal filed in the Circuit Court is treated as a Petition for Belated Appeal.
|
|
| Docket Date |
2016-10-04
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
| On Behalf Of |
LUIS VARGAS
|
|
| Docket Date |
2016-10-04
|
| Type |
Petition
|
| Subtype |
Petition Belated Appeal
|
| Description |
Petition for Belated Appeal
|
| On Behalf Of |
LUIS VARGAS
|
|
| Docket Date |
2016-09-13
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2016-09-13
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
ORD-For Untimely Filing - Criminal Appeal ~ This court has received a Notice of Appeal in the above case which appears to be untimely. If the Notice is untimely, then this court does not have jurisdiction to hear the appeal.The Notice of Appeal shows that Defendant (who is incarcerated) gave the Notice to prison authorities on August 16, 2016, which appears to be more than thirty (30) days after filing of the order being appealed on August 26, 2015.It is therefore ORDERED that, within twenty (20) days from the date of this order, Defendant shall file in this court a conformed copy of any orders on motions for rehearing or new trial filed after the filing of the order being appealed.If Defendant is seeking a belated appeal, a sworn petition conforming to Florida Rule of Appellate Procedure 9.141(c) shall be filed within 20 days. Any failure to comply timely with this order will result in the dismissal of this appeal as untimely.
|
|
| Docket Date |
2016-09-08
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Summary Record
|
|
| Docket Date |
2016-09-08
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
LUIS VARGAS
|
|
| Docket Date |
2016-09-08
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NF7:No Fee- Belated Appeal
|
|
| Docket Date |
2017-04-03
|
| Type |
Disposition by Order
|
| Subtype |
Granted
|
| Description |
ORD-Grant HC Belated Appeal-Summary Appeal ~ ORDERED that this Court adopts the findings and recommendation of the commissioner’s March 8, 2017 report. The petition for belated appeal is granted. In accordance with Florida Rule of Appellate Procedure 9.141(c)(6)(D), this order shall be filed with the lower tribunal and treated as the notice of appeal for the July 30, 2015 order denying petitioner’s motion for post-conviction relief under Florida Rule of Criminal Procedure 3.850 and the August 26, 2015 order denying rehearing. Upon receipt, the clerk of the lower court shall certify a copy of this order to this court in accordance with Florida Rule of Appellate Procedure 9.040(g). The appeal shall proceed under a new case number, which shall be assigned upon receipt in this court of the certified order.
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