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Carlos J. Garcia, Petitioner(s) v. Ricky D. Dixon, Secretary, Florida Department of Corrections Respondent(s).
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1D2023-2837
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2023-11-06
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Closed
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| Classification |
Original Proceedings - Circuit Civil - Certiorari
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| Court |
1st District Court of Appeal
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| Originating Court |
Circuit Court for the Second Judicial Circuit, Leon County
2022-CA-001951
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Parties
| Name |
CARLOS J. GARCIA, PLLC
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| Role |
Petitioner
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| Status |
Active
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|
| Name |
Dept. of Corrections Secretary
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| Role |
Respondent
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| Status |
Active
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| Representations |
General Counsel Department of Corrections, Ashley Moody, Juanita Villalpando
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|
| Name |
Leon Clerk
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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Docket Entries
| Docket Date |
2024-04-16
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| Type |
Disposition by Order
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| Subtype |
Dismissed
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| Description |
Dismissed
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| View |
View File
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| Docket Date |
2024-03-06
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| Type |
Order
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| Subtype |
Order on Motion for Extension of Time
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| Description |
Order on Motion for Extension of Time
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| View |
View File
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| Docket Date |
2024-02-05
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| Type |
Notice
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| Subtype |
Notice
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| Description |
Notice to the Court
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| On Behalf Of |
Carlos J. Garcia
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| Docket Date |
2024-01-11
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| Type |
Notice
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| Subtype |
Notice of Appearance
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| Description |
Notice of Appearance
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| On Behalf Of |
Dept. of Corrections Secretary
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|
| Docket Date |
2024-01-10
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| Type |
Order
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| Subtype |
Order Directing Service of Filing
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| Description |
Order Directing Service of Filing
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| View |
View File
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| Docket Date |
2024-01-04
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| Type |
Record
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| Subtype |
Supplemental Appendix
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| Description |
Supplemental Appendix
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| On Behalf Of |
Carlos J. Garcia
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| Docket Date |
2023-12-12
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| Type |
Order
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| Subtype |
Order to File (Supplemental) Appendix
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| Description |
Order to File (Supplemental) Appendix
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| View |
View File
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| Docket Date |
2023-12-06
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| Type |
Order
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| Subtype |
Order on Motion to Appear In Forma Pauperis
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| Description |
Order on Motion to Appear In Forma Pauperis/granted
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| View |
View File
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| Docket Date |
2023-12-04
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| Type |
Motions Other
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| Subtype |
Motion To Appear Forma Pauperis
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| Description |
Motion To Appear Forma Pauperis
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| On Behalf Of |
Carlos J. Garcia
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| Docket Date |
2023-12-04
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| Type |
Misc. Events
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| Subtype |
Docketing Statement
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| Description |
Docketing Statement
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| On Behalf Of |
Carlos J. Garcia
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| Docket Date |
2023-11-08
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| Description |
Order on Filing Fee
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| View |
View File
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| Docket Date |
2023-11-08
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter
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| View |
View File
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| Docket Date |
2023-11-06
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| Type |
Petition
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| Subtype |
Petition Certiorari
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| Description |
Petition Certiorari
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| On Behalf Of |
Carlos J. Garcia
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Carlos J. Garcia, Petitioner(s) v. State of Florida, Respondent(s).
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1D2022-3747
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2022-11-21
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Closed
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| Classification |
Original Proceedings - Circuit Criminal - Belated Appeal
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| Court |
1st District Court of Appeal
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| Originating Court |
Circuit Court for the Second Judicial Circuit, Leon County
2022 CA 619
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Parties
| Name |
CARLOS J. GARCIA, PLLC
|
| Role |
Petitioner
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| Status |
Active
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|
| Name |
STATE OF FLORIDA LLC
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| Role |
Respondent
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| Status |
Active
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| Representations |
Kelly R. Forren, Hon. Ashley Moody
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Docket Entries
| Docket Date |
2023-05-03
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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 |
2023-04-05
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| Type |
Disposition by Opinion
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| Subtype |
Dismissed
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| Description |
Dismissed
358 So. 3d 1270
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| View |
View File
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| Docket Date |
2022-12-08
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| Type |
Motions Other
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| Subtype |
Motion To Appear Forma Pauperis
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| Description |
Motion To Appear Forma Pauperis
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| On Behalf Of |
Carlos J. Garcia
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| Docket Date |
2022-12-08
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| Description |
Indigency - Grant ~ I, Kristina Samuels, Clerk, District Court of Appeal, First District, hereby issue this certificate of indigency pursuant to the affidavits attached to the motion to proceed without prepayment of costs in compliance with Section 57.085(2) or 57.081(1), Florida Statutes (2018).
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| Docket Date |
2022-12-08
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| Type |
Misc. Events
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| Subtype |
Docketing Statement
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| Description |
Docketing Statement
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| On Behalf Of |
Carlos J. Garcia
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| Docket Date |
2022-12-05
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| Type |
Notice
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| Subtype |
Notice of Appearance
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| Description |
Notice of Appearance
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| On Behalf Of |
State of Florida
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| Docket Date |
2022-11-22
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Belated Appeal / Acknowledgement letter ~ Petition/Application for Writ of Belated Appeal filed in this Court on November 21, 2022.
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| Docket Date |
2022-11-22
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| Description |
Original Pet-Pay Fee/Submit Mot & Affid($300) ~ The petitioner has failed to tender the required $300.00 filing fee per Section 35.22(2)(a), Florida Statutes (2018), and Florida Rule of Appellate Procedure 9.100(b). The petitioner is hereby directed to pay the $300 filing fee within 30 days of this order. If petitioner seeks to proceed with prepayment of costs waived, petitioner is to file a proper motion and affidavit of indigency with the clerk of this Court so said clerk may consider issuing a Certification of Indigency pursuant to Section 57.081(1) or 57.085(2), Florida Statutes (2018), as applicable. The failure of petitioner to submit to this Court a motion and affidavit of indigency or the required filing fee within 30 days of this order will result in the dismissal of this cause without further opportunity to be heard. Florida Rule of Appellate Procedure 9.410.
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| Docket Date |
2022-11-21
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| Type |
Petition
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| Subtype |
Petition Belated Appeal
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| Description |
Petition for Belated Appeal ~ Civil Belated Appeal
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| On Behalf Of |
Carlos J. Garcia
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| Docket Date |
2022-11-21
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| Type |
Misc. Events
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| Subtype |
Fee Status
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| Description |
WW4:Waived-57.081(1)
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Carlos J. Garcia, Petitioner(s) v. Ricky D. Dixon, Secretary, Florida Department of Corrections, Respondent(s).
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1D2022-3343
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2022-10-17
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Closed
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| Classification |
NOA Final - Circuit Civil - Prisoner Litigation
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| Court |
1st District Court of Appeal
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| Originating Court |
Circuit Court for the Second Judicial Circuit, Leon County
2022 CA 619
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Parties
| Name |
CARLOS J. GARCIA, PLLC
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| Role |
Appellant
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| Status |
Active
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|
| Name |
Hon. Angela Cote Dempsey
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| Role |
Judge/Judicial Officer
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| Status |
Active
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| Name |
Leon Clerk
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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|
| Name |
Ricky D. Dixon
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| Role |
Appellee
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| Status |
Active
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| Representations |
Ashley Moody, General Counsel Department of Corrections, Juanita Villalpando
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Docket Entries
| Docket Date |
2022-11-08
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| Type |
Order
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| Subtype |
Order to Transmit Record/Supplemental Record on Appeal
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| Description |
L.T. to Send Record in Sheley Case ~ This Court has determined it is appropriate that a record on appeal be filed in this cause. Florida Rule of Appellate Procedure 9.100(i). Petitioner has been certified as indigent and the cost of preparation of the record shall be waived in accordance with Section 57.081, Florida Statutes (2018) or deferred pursuant to Section 57.085, Florida Statutes (2018), whichever is applicable to this proceeding. The clerk of the lower tribunal is directed to prepare and transmit the record in accordance with Florida Rule of Appellate Procedure 9.200(a)(1) within 20 days of the date of this order. Copies of the index to the record shall be served on the parties at the time the record is transmitted to this court. An order or opinion relating to the merits of the petition for writ of certiorari will be issued after the record has been filed.
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| Docket Date |
2024-07-08
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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 |
2024-07-08
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| Type |
Mandate
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| Subtype |
Mandate
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| Description |
Mandate
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| View |
View File
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| Docket Date |
2024-06-06
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| Type |
Disposition by Opinion
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| Subtype |
Affirmed
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| Description |
Affirmed
387 So. 3d 272
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| View |
View File
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| Docket Date |
2023-09-26
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| Type |
Brief
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| Subtype |
Answer Brief
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| Description |
Answer Brief
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| On Behalf Of |
Ricky D. Dixon
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| Docket Date |
2023-09-19
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| Type |
Order
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| Subtype |
Order on Motion To Withdraw as Counsel
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| Description |
Order on Motion To Withdraw as Counsel
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| View |
View File
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| Docket Date |
2023-09-15
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| Type |
Notice
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| Subtype |
Counsel Substitution
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| Description |
Notice of Counsel Substitution
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| On Behalf Of |
Ricky D. Dixon
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| View |
View File
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| Docket Date |
2023-09-05
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| Type |
Order
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| Subtype |
Order
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| Description |
Order
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| View |
View File
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| Docket Date |
2023-08-24
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| Type |
Brief
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| Subtype |
Amended Initial Brief
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| Description |
Amended Initial Brief
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| On Behalf Of |
Carlos J. Garcia
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| Docket Date |
2023-07-24
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| Type |
Order
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| Subtype |
Order on Motion To Strike
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| Description |
Order on Motion To Strike
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| View |
View File
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| Docket Date |
2023-06-26
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| Type |
Motions Other
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| Subtype |
Motion To Strike
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| Description |
Motion To Strike
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| On Behalf Of |
Ricky D. Dixon
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| Docket Date |
2023-05-31
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| Type |
Brief
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| Subtype |
Initial Brief
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| Description |
Initial Brief
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| On Behalf Of |
Carlos J. Garcia
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| Docket Date |
2023-05-10
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| Type |
Order
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| Subtype |
Order to Serve Brief
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| Description |
***DISCHARGED 6-12-23**Order to Serve Brief
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| View |
View File
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| Docket Date |
2023-03-21
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| Type |
Order
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| Subtype |
Order Reclassifying Case
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| Description |
Order Reclassifying Case
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| View |
View File
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| Docket Date |
2022-11-09
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| Type |
Record
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| Subtype |
Record on Appeal
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| Description |
Received Records ~ 136 pages
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| On Behalf Of |
Leon Clerk
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| Docket Date |
2022-11-02
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| Type |
Motions Other
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| Subtype |
Motion To Appear Forma Pauperis
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| Description |
Motion To Appear Forma Pauperis
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| On Behalf Of |
Carlos J. Garcia
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| Docket Date |
2022-11-02
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| Type |
Notice
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| Subtype |
Notice of Appearance
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| Description |
Notice of Appearance
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| On Behalf Of |
Ricky D. Dixon
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| Docket Date |
2022-11-02
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| Description |
Indigency - Grant ~ I, Kristina Samuels, Clerk, District Court of Appeal, First District, hereby issue this certificate of indigency pursuant to the affidavits attached to the motion to proceed without prepayment of costs in compliance with Section 57.085(2) or 57.081(1), Florida Statutes (2018).
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| Docket Date |
2022-11-02
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| Type |
Misc. Events
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| Subtype |
Docketing Statement
|
| Description |
Docketing Statement
|
| On Behalf Of |
Carlos J. Garcia
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| Docket Date |
2022-10-20
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Writ of Certiorari / Acknowledgement letter ~ The First District Court of Appeal has received the Petition/Application for Writ of Certiorari filed in this Court on October 17, 2022.
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| Docket Date |
2022-10-20
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| Description |
Original Pet-Pay Fee/Submit Mot & Affid($300) ~ The petitioner has failed to tender the required $300.00 filing fee per Section 35.22(2)(a), Florida Statutes (2018), and Florida Rule of Appellate Procedure 9.100(b). The petitioner is hereby directed to pay the $300 filing fee within 30 days of this order. If petitioner seeks to proceed with prepayment of costs waived, petitioner is to file a proper motion and affidavit of indigency with the clerk of this Court so said clerk may consider issuing a Certification of Indigency pursuant to Section 57.081(1) or 57.085(2), Florida Statutes (2018), as applicable. The failure of petitioner to submit to this Court a motion and affidavit of indigency or the required filing fee within 30 days of this order will result in the dismissal of this cause without further opportunity to be heard. Florida Rule of Appellate Procedure 9.410.
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| Docket Date |
2022-10-17
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| Type |
Misc. Events
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| Subtype |
Fee Status
|
| Description |
WW4:Waived-57.081(1)
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| Docket Date |
2022-10-17
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| Type |
Petition
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| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed
|
| On Behalf Of |
Carlos J. Garcia
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| Docket Date |
2022-12-15
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| Type |
Order
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| Subtype |
Order
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| Description |
Order ~ Within twenty days, Petitioner shall show cause why this petition for writ of certiorari should not be converted to an appeal proceeding. See Green v. Moore, 777 So. 2d 425 (Fla. 1st DCA 2000) (holding denial of inmate mandamus petition is properly reviewed by appeal where circuit court proceeding is concluded on grounds other than the merits); Whisner v. Moore, 825 So. 2d 420 (Fla. 1st DCA 2002) (holding appeal is proper avenue to review mandamus denial that was only partially reviewable by appeal).
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| Docket Date |
2023-06-12
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| Type |
Order
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| Subtype |
Order Discharging Show Cause Order
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| Description |
Order Discharging Show Cause Order
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| View |
View File
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