| Docket Date |
2022-12-15
|
| Type |
Record
|
| Subtype |
Returned Exhibits
|
| Description |
Returned Exhibits
|
|
| Docket Date |
2018-02-02
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Order Granting Motion to Supplement the Record ~ ORDERED that appellant's February 1, 2018 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. Appellant shall monitor the supplementation process.
|
|
| Docket Date |
2022-12-02
|
| Type |
Order
|
| Subtype |
Article I, Section 16(b)(10)b., Fla. Const. Order
|
| Description |
Order Per Section 16(b)(10)b., Fla. Const. ~ Article I, section 16(b)(10)b. of the Florida Constitution provides that all state-level appeals and collateral attacks on any judgment must be complete within two years from the date of appeal in non-capital cases unless a court enters an order with specific findings as to why the court was unable to comply and the circumstances causing the delay. Pursuant to the administrative procedures and definitions set forth in Supreme Court of Florida Order No. AOSC19-76, this case was not completed within the time frame required by Article I, section 16(b)(10)b. The following circumstances contributed to the continuing review of this case and the time required for a final decision exceeding two years: The initial decision in this case was issued within the two-year time frame. The mandate was stayed pending review by the Florida Supreme Court. After the Florida Supreme Court remanded back to this court, a decision on remand and mandate were issued within two months.
|
|
| Docket Date |
2022-11-08
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2022-11-08
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2022-10-12
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Opinion ~ ON REMAND FROM THE FLORIDA SUPREME COURT
|
|
| Docket Date |
2022-09-15
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Mandate
|
| Description |
Supreme Court Mandate ~ SC19-1870 QUASHED
|
|
| Docket Date |
2022-08-25
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Miscellaneous
|
| Description |
Supreme Court Disposition ~ SC19-1870
|
|
| Docket Date |
2020-06-05
|
| Type |
Supreme Court
|
| Subtype |
Record Sent to Supreme Court
|
| Description |
4DCA record sent to Supreme Court ~ TWO (2) EVNELOPES OF EXHIBIT (CD'S)
|
|
| Docket Date |
2020-05-21
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Order
|
| Description |
Misc. Supreme Court Order ~ SC19-1870 BRIEFING SCHEDULE
|
|
| Docket Date |
2019-11-05
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay Issuance of Mandate
|
| Description |
Grant Motion to Stay Issuance of Mandate ~ ORDERED that appellee’s October 7, 2019 motion to stay issuance of mandate is granted.
|
|
| Docket Date |
2019-11-05
|
| Type |
Supreme Court
|
| Subtype |
Acknowledged Receipt from Supreme Court
|
| Description |
Ack. Receipt from Supreme Court ~ SC19-1870
|
|
| Docket Date |
2019-11-04
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice sent to the Supreme Court
|
| On Behalf Of |
TONY GARCIA
|
|
| Docket Date |
2019-11-04
|
| Type |
Supreme Court
|
| Subtype |
Notice to Invok. Disc. Jur. FSC
|
| Description |
Notice of Discretionary Jurisdiction to Supreme Court
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2019-10-07
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion To Stay Issuance of Mandate
|
| Description |
Motion To Stay Issuance of Mandate
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2019-10-04
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing En Banc
|
| Description |
Order Denying Rehearing En Banc ~ ORDERED that the appellee's August 14, 2019 motion for rehearing and/or motion for rehearing en banc and/or motion to certify conflict is denied.
|
|
| Docket Date |
2019-10-04
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2019-09-23
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion ~ ORDERED that appellant's September 11, 2019 motion to accept response as timely filed is granted. The September 11, 2019 response is deemed timely filed.
|
|
| Docket Date |
2019-09-11
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ TO ACCEPT RESPONSE AS TIMELY FILED.
|
| On Behalf Of |
TONY GARCIA
|
|
| Docket Date |
2019-09-11
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ **DEEMED TIMELY**
|
| On Behalf Of |
TONY GARCIA
|
|
| Docket Date |
2019-08-14
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion for Rehearing / Rehearing En Banc
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2019-08-07
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed in Part/Reversed in Part
|
| Description |
Affirmed in Part/Reversed in Part - Authored Opinion
|
|
| Docket Date |
2019-06-19
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken as Unauthorized ~ ORDERED sua sponte that the appellant's June 14, 2019 documents are stricken as unauthorized.
|
|
| Docket Date |
2019-06-14
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Letter ~ **STRICKEN** LETTER TO JUDGE GERBER.
|
| On Behalf Of |
TONY GARCIA
|
|
| Docket Date |
2018-10-10
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion for Extension of Time for Court Reporter
|
| Description |
Motion EOT For Court Reporter Transcript
|
|
| Docket Date |
2019-03-19
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2019-03-14
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 10 DAYS TO 3/25/19
|
|
| Docket Date |
2019-03-14
|
| 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 |
2019-02-12
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
TONY GARCIA
|
|
| Docket Date |
2019-02-04
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, on or before February 11, 2019, why the above-styled case should not be dismissed for lack of timely prosecution, in that the appellant's initial brief has not been filed with this court as of this date. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief is filed within this time, the order to show cause will be considered automatically discharged without further order.
|
|
| Docket Date |
2018-11-05
|
| Type |
Record
|
| Subtype |
Transcript
|
| Description |
Transcript Received ~ (SUPPLEMENTAL RECORD) (995 PAGES)
|
|
| Docket Date |
2018-10-10
|
| 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 October 26, 2018. 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 |
2018-09-14
|
| 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 October 11, 2018. 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 |
2018-09-12
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion for Extension of Time for Court Reporter
|
| Description |
Motion EOT For Court Reporter Transcript
|
|
| Docket Date |
2018-02-01
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Mot. file supp'l ROA & toll time
|
| On Behalf Of |
TONY GARCIA
|
|
| Docket Date |
2018-01-30
|
| Type |
Record
|
| Subtype |
Exhibits
|
| Description |
Received Exhibits ~ 1 ENVELOPE.
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2018-09-11
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
ORD-Supplement Record w/Trans & Toll Time for Brf. ~ ORDERED that appellant's August 31, 2018 motion to supplement the record and toll time is granted in part. The transcripts of trial proceedings that occurred on September 20, 21, 22, 23, 26, and 27, 2016 (or September 27, 2017 - it is not clear from the motion if 2017 is a scrivener's error) shall be included in the record on appeal. If the transcripts referenced in the motion are not already prepared and filed, the court reporter shall prepare and file them with the clerk of the lower tribunal within ten (10) days from the date of this order. The clerk of the lower tribunal shall file the transcripts with this court within five (5) days from the date on which they are filed by the court reporter, or within five (5) days from the date of this order if they are already on file. Appellant shall file the initial brief within ten (10) days from the date on which the transcripts are filed in this court. The court notes that this is appellant's fifth motion to supplement, and this appeal has been pending since December 2017. Numerous and successive motions to supplement are discouraged.
|
|
| Docket Date |
2018-09-04
|
| Type |
Order
|
| Subtype |
Order Discharging Show Cause Order
|
| Description |
ORD-Discharging Show Cause ~ ORDERED that upon consideration of appellant's response filed August 31, 2018, this court's August 29, 2018 order to show cause is discharged.
|
|
| Docket Date |
2018-08-31
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2018-08-31
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Mot. file supp'l ROA & toll time ~ AMENDED MOTION FILED.
|
| On Behalf Of |
TONY GARCIA
|
|
| Docket Date |
2018-08-31
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2018-08-29
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ **DISCHARGED**ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, on or before September 7, 2018, why the above-styled case should not be dismissed for lack of timely prosecution, in that the appellant's initial brief has not been filed with this court as of this date. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief is filed within this time, the order to show cause will be considered automatically discharged without further order.
|
|
| Docket Date |
2018-07-16
|
| Type |
Record
|
| Subtype |
Transcript
|
| Description |
Transcript Received ~ (SUPPLEMENTAL RECORD) (4 PAGES)
|
|
| Docket Date |
2018-07-02
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 41 PAGES.
|
|
| Docket Date |
2018-06-07
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
ORD-Supplement Record w/Trans & Toll Time for Brf. ~ ORDERED that appellant's June 5, 2018 motion to supplement the record and toll time is granted. The material requested in the motion shall be included in the record on appeal. The court reporter shall have thirty (30) days from the date of this order in which to prepare the transcript. The clerk of the lower tribunal shall prepare and file the supplemental material in this court within ten (10) days from receipt of the transcript. Appellant shall monitor the supplementation process. Further,ORDERED that the time for filing appellant's initial brief is tolled until ten (10) days after the supplemental record is received.
|
|
| Docket Date |
2018-06-07
|
| Type |
Misc. Events
|
| Subtype |
Court Reporter Acknowledgement Letter
|
| Description |
Court Reporter Acknowledgement Letter
|
|
| Docket Date |
2018-06-05
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Mot. file supp'l ROA & toll time
|
| On Behalf Of |
TONY GARCIA
|
|
| Docket Date |
2018-05-29
|
| Type |
Misc. Events
|
| Subtype |
Court Reporter Acknowledgement Letter
|
| Description |
Court Reporter Acknowledgement Letter
|
|
| Docket Date |
2018-05-24
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
ORD-Supplement Record w/Trans & Toll Time for Brf. ~ ORDERED that appellant's May 23, 2018 motion to supplement the record and toll time is granted. The material requested in the motion shall be included in the record on appeal. The court reporter shall have thirty (30) days from the date of this order in which to prepare the transcript. The clerk of the lower tribunal shall prepare and file the supplemental material in this court within ten (10) days from receipt of the transcript. Appellant shall monitor the supplementation process. Further,ORDERED that the time for filing appellant's initial brief is tolled until ten (10) days after the supplemental record is received.
|
|
| Docket Date |
2018-05-23
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Mot. file supp'l ROA & toll time
|
| On Behalf Of |
TONY GARCIA
|
|
| Docket Date |
2018-05-01
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ 30 DAYS TO 6/1/18.
|
| On Behalf Of |
TONY GARCIA
|
|
| Docket Date |
2018-03-28
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ 30 DAYS TO 5/2/18.
|
| On Behalf Of |
TONY GARCIA
|
|
| Docket Date |
2018-03-20
|
| Type |
Record
|
| Subtype |
Exhibits
|
| Description |
Received Exhibits ~ 1 ENVELOPE.
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2018-03-19
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ (34 PAGES)
|
|
| Docket Date |
2018-03-05
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
ORD-Supplement Record w/Trans & Toll Time for Brf. ~ ORDERED that appellant's March 1, 2018 motion to supplement the record and toll time is granted. The material requested in the motion shall be included in the record on appeal. The court reporter shall have thirty (30) days from the date of this order in which to prepare the transcript. The clerk of the lower tribunal shall prepare and file the supplemental material in this court within ten (10) days from receipt of the transcript. Appellant shall monitor the supplementation process. Further,ORDERED that the time for filing appellant's initial brief is tolled until ten (10) days after the supplemental record is received.
|
|
| Docket Date |
2018-03-05
|
| Type |
Misc. Events
|
| Subtype |
Court Reporter Acknowledgement Letter
|
| Description |
Court Reporter Acknowledgement Letter
|
|
| Docket Date |
2018-03-01
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Mot. file supp'l ROA & toll time
|
| On Behalf Of |
TONY GARCIA
|
|
| Docket Date |
2018-02-15
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF SUBSTITUTION OF COUNSEL WITHIN THE SAME OFFICE.
|
| On Behalf Of |
TONY GARCIA
|
|
| Docket Date |
2018-02-09
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ **CONFIDENTIAL** (15 PAGES)
|
|
| Docket Date |
2018-01-29
|
| Type |
Record
|
| Subtype |
Transcript
|
| Description |
Transcript Received ~ (816 PAGES)
|
|
| Docket Date |
2018-01-10
|
| 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 January 11, 2018. 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 |
2018-01-08
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion for Extension of Time for Court Reporter
|
| Description |
Motion EOT For Court Reporter Transcript
|
|
| Docket Date |
2017-12-12
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
TONY GARCIA
|
|
| Docket Date |
2017-12-07
|
| Type |
Misc. Events
|
| Subtype |
Determination of Indigency/LT Order Insolvency
|
| Description |
ORD-L.T. INSOLVENCY OR INDIGE.
|
|
| Docket Date |
2017-12-07
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2017-12-06
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
TONY GARCIA
|
|
| Docket Date |
2017-12-06
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
WV:Waived
|
|
