| Docket Date |
2020-02-10
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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 |
Marcy's Law Order ~ BY ORDER OF THE COURT:In re: Article I, section 16(b)(10)b Time Limitations.Article I, section 16(b)(10)b of the Florida Constitution provides that allstate-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 inSupreme Court of Florida Administrative Order No. AOSC19-76, this case was not completed within the time frame required by Article I, section 16(b)(10)b. because:1. Clerk of Lower Tribunal:2. Court Reporter: Extensions of time from 2/7/17 to 8/10/17 due to courtreporting firm's requests for additional time to transcribe trial proceedings.3. Defendant or Defense Counsel: Extensions of time for defense to fileinitial brief from 9/22/17 to 3/15/18.4. State or Counsel for the State: Extensions of time for State to file answerbrief from 4/3/18 to 9/7/18.5. Judicial: Oral argument held on 12/4/18 and opinion issued 2/20/19.6. Other: Relinquishment of jurisdiction to trial court from 1/16/18 to2/13/18 to reconstruct a portion of the proceedings below and supplementthe record with same.cc: PUBLIC DEFENDERAPPEALSPEREZ & RAMOS COURTREPORTINGPHILLIP CLARKJONATHAN GREENBERG
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| Docket Date |
2019-03-08
|
| Type |
Misc. Events
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| Subtype |
West Publishing
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| Description |
West Publishing
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|
| Docket Date |
2019-03-08
|
| Type |
Mandate
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| Subtype |
Mandate
|
| Description |
Mandate
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|
| Docket Date |
2019-02-20
|
| Type |
Disposition by Opinion
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| Subtype |
Reversed
|
| Description |
Reversed - Authored Opinion ~ and Remanded for a new trial.
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|
| Docket Date |
2019-01-23
|
| Type |
Brief
|
| Subtype |
Supplemental Reply Brief
|
| Description |
Supplemental Appellant's Reply Brief
|
| On Behalf Of |
DAVID AUERBACH
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|
| Docket Date |
2019-01-22
|
| Type |
Brief
|
| Subtype |
Supplemental Reply Brief
|
| Description |
Supplemental Appellant's Reply Brief ~ of appellee
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| On Behalf Of |
The State of Florida
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|
| Docket Date |
2019-01-09
|
| Type |
Brief
|
| Subtype |
Supplemental Initial Brief
|
| Description |
Supplemental Appellant's Initial Brief
|
| On Behalf Of |
DAVID AUERBACH
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|
| Docket Date |
2019-01-04
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER (OR999) ~ Upon consideration of appellant's Notice of Supplemental Authortiy, filed December 28, 2018, it is ordered as follows: Appellant shall, within ten (10) days, serve a supplemental brief (no more than ten (10) pages) addressing the applicability of Losada v. State, Case No. 3D16-1758 (Fla. 3d DCA Dec. 26, 2018). Appellee shall serve a supplemental answer brief (no more than ten (10) pages) within ten (10) days of service of appellant's supplemental brief. Appellant may serve a supplemental reply brief (no more than five (5) pages) within five (5) days of service of appellee's supplemental answer brief.
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|
| Docket Date |
2018-12-28
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
DAVID AUERBACH
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|
| Docket Date |
2018-12-04
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ 3DCA
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|
| Docket Date |
2018-11-26
|
| Type |
Notice
|
| Subtype |
Notice of Oral Argument
|
| Description |
Notice of Oral Argument ~ REVISED (Time Change)
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|
| Docket Date |
2018-11-08
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice Rescheduling Oral Argument
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|
| Docket Date |
2018-10-10
|
| Type |
Notice
|
| Subtype |
Notice of Oral Argument
|
| Description |
Notice of Oral Argument
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|
| Docket Date |
2018-09-24
|
| Type |
Motions Relating to Oral Argument
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| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
DAVID AUERBACH
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|
| Docket Date |
2018-09-24
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
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| On Behalf Of |
DAVID AUERBACH
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|
| Docket Date |
2018-09-18
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ of substitution of counsel
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| On Behalf Of |
The State of Florida
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|
| Docket Date |
2018-09-07
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
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| On Behalf Of |
The State of Florida
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|
| Docket Date |
2018-08-09
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
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| Description |
Extension granted to file answer brief NFE (OG04A) ~ Appellee's unopposed motion for an extension of time to file the answer brief is granted to and including thirty (30) days from the date of this order, with no further extensions allowed. If said brief is not timely filed in accordance with this order, appellee(s) will be precluded from filing an answer brief and/or presenting oral argument to the court in this cause.
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|
| Docket Date |
2018-08-07
|
| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to Serve Answer Brief
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| Description |
Mot. for Extension of time to file Answer Brief ~ Unopposed.
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| On Behalf Of |
The State of Florida
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|
| Docket Date |
2018-05-22
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ AB-60 days to 8/7/18
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|
| Docket Date |
2018-05-21
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
The State of Florida
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|
| Docket Date |
2018-04-04
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ AB-60 days to 6/8/18
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|
| Docket Date |
2018-04-03
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
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| On Behalf Of |
The State of Florida
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|
| Docket Date |
2018-03-27
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Mot to Supplement Rec w/attachment Granted (OG13) ~ Appellant’s March 15, 2018 motion to supplement the record is granted, and the record on appeal is supplemented to include the documents which are attached to said motion.
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| Docket Date |
2018-03-26
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
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| On Behalf Of |
The State of Florida
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|
| Docket Date |
2018-03-15
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement the Record
|
| On Behalf Of |
DAVID AUERBACH
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|
| Docket Date |
2018-03-15
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
DAVID AUERBACH
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|
| Docket Date |
2018-02-13
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Misc. Extension Granted (OG02) ~ Upon consideration of appellant's motion for briefing schedule, appellant is granted thirty (30) days from the date of this order to file his initial brief.
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|
| Docket Date |
2018-02-08
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ and motion for briefing schedule
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| On Behalf Of |
DAVID AUERBACH
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|
| Docket Date |
2018-02-08
|
| Type |
Motions Relating to Records
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| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement the Record
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| On Behalf Of |
DAVID AUERBACH
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|
| Docket Date |
2018-01-19
|
| Type |
Order
|
| Subtype |
Order on Motion to Relinquish Jurisdiction
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| Description |
Relinquishment Granted (OG49) ~ The motion to relinquish jurisdiction is granted and jurisdiction of this cause is temporarily relinquished to the trial court for a period of sixty (60) days from the date of this order for the purpose(s) stated in the motion.
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| Docket Date |
2018-01-16
|
| Type |
Motions Other
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| Subtype |
Motion To Relinquish Jurisdiction
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| Description |
Motion To Relinquish Jurisdiction
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| On Behalf Of |
DAVID AUERBACH
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|
| Docket Date |
2017-11-15
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| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
DAVID AUERBACH
|
|
| Docket Date |
2017-11-15
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB-60 days to 1/16/18
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|
| Docket Date |
2017-09-22
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
DAVID AUERBACH
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|
| Docket Date |
2017-09-22
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB-60 days to 11/17/17
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|
| Docket Date |
2017-08-10
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| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
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|
| Docket Date |
2017-07-20
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| Type |
Notice
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| Subtype |
Notice
|
| Description |
Notice ~ Inability to complete record on appeal
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|
| Docket Date |
2017-06-01
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| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time for Court Reporter
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| Description |
Court Reporter Ext. Granted/Ordered (OG16C) ~ Upon request of the court reporting firm, it is ordered that the time for filing the transcribed notes is extended to and including July 21, 2017, with no further extensions allowed. Perez & Ramos Court Reporting Services is ordered to file the transcribed notes no later than July 21, 2017. The court reporting firm shall promptly notify the court reporter(s) of this order, including the fact that no further extensions will be allowed.
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| Docket Date |
2017-05-30
|
| Type |
Motions Relating to Records
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| Subtype |
Motion for Extension of Time for Court Reporter
|
| Description |
Mot for Extension of Time to File Ct. Rpter Note
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|
| Docket Date |
2017-05-03
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time for Court Reporter
|
| Description |
Court Reporter Extension Granted (OG16) ~ Upon request of Perez & Ramos Court Reporting Services, it is ordered that the time for filing the transcribed notes is extended to and including June 5, 2017. The court reporting firm shall promptly notify the court reporter(s) of this order.
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| Docket Date |
2017-05-02
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time for Court Reporter
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| Description |
Court Reporter Extension Granted (OG16) ~ Upon request of the Laws Reporting Group, it is ordered that the time for filing the transcribed notes is extended to and including May 12, 2017. The court reporting firm shall promptly notify the court reporter(s) of this order.
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| Docket Date |
2017-05-01
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion for Extension of Time for Court Reporter
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| Description |
Motion Extension of Time For Court Repte-Transc
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|
| Docket Date |
2017-04-28
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion for Extension of Time for Court Reporter
|
| Description |
Mot for Extension of Time to File Ct. Rpter Note
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|
| Docket Date |
2017-03-01
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time for Court Reporter
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| Description |
Court Reporter Extension Granted (OG16) ~ Upon request of the court reporting firm, it is ordered that the time for filing the transcribed notes is extended to and including April 30, 2017. The court reporting firm shall promptly notify the court reporter(s) of this order.
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|
| Docket Date |
2017-02-24
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion for Extension of Time for Court Reporter
|
| Description |
Mot for Extension of Time to File Ct. Rpter Note
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|
| Docket Date |
2017-02-21
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time for Court Reporter
|
| Description |
Court Reporter Extension Granted (OG16) ~ Upon request of the court reporting firm, it is ordered that the time for filing the transcribed notes is extended to and including May 2, 2017. The court reporting firm shall promptly notify the court reporter(s) of this order.
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|
| Docket Date |
2017-02-17
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion for Extension of Time for Court Reporter
|
| Description |
Mot for Extension of Time to File Ct. Rpter Note
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|
| Docket Date |
2016-12-21
|
| Type |
Notice
|
| Subtype |
Notice of Appeal Transmittal Form
|
| Description |
Notice of Transmittal--NOA
|
| On Behalf Of |
DAVID AUERBACH
|
|
| Docket Date |
2016-12-21
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
WW1:Waived-9.430
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|
| Docket Date |
2016-12-21
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments.
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