DAVID EUGENE JOHNSON VS STATE OF FLORIDA
|
5D2023-0360
|
2022-11-16
|
Closed
|
|
Classification |
NOA Final - Circuit Criminal - Judgment and Sentence
|
Court |
5th District Court of Appeal
|
Originating Court |
Circuit Court for the Fourth Judicial Circuit, Nassau County
45-2001-CF-000759-AXYX
|
Parties
Name |
David Eugene Johnson
|
Role |
Appellant
|
Status |
Active
|
Representations |
Jessica J. Yeary, Kathryn Rollison Radtke, Office of the Public Defender
|
|
Name |
STATE OF FLORIDA LLC
|
Role |
Appellee
|
Status |
Active
|
Representations |
Virginia Chester Harris, Tallahassee Attorney General
|
|
Name |
Hon. James H. Daniel
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
JOHN CRAWFORD, INC
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2024-04-12
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2024-04-12
|
Type |
Record
|
Subtype |
Returned Records
|
Description |
Returned Records ~ NO RECORD EFILED
|
|
Docket Date |
2024-03-19
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed - Per Curiam Affirmed ~ PCA
|
|
Docket Date |
2023-12-28
|
Type |
Notice
|
Subtype |
Notice of Supplemental Authority
|
Description |
Notice of Supplemental Authority
|
On Behalf Of |
David Eugene Johnson
|
|
Docket Date |
2023-07-05
|
Type |
Notice
|
Subtype |
Notice
|
Description |
NOTICE OF PANEL ASSIGNMENT
|
|
Docket Date |
2023-06-12
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
Description |
Order Grant EOT Reply Brief
|
|
Docket Date |
2023-06-09
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant's Reply Brief
|
On Behalf Of |
David Eugene Johnson
|
|
Docket Date |
2023-06-07
|
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 Eugene Johnson
|
|
Docket Date |
2023-06-02
|
Type |
Order
|
Subtype |
Order on Motion For Leave To File Amended Brief
|
Description |
ORD-Granting Amended Brief ~ AND AMENDED AB IS ACCEPTED
|
|
Docket Date |
2023-05-30
|
Type |
Brief
|
Subtype |
Amended Answer Brief
|
Description |
Amended Appellee's Answer Brief
|
On Behalf Of |
State of Florida
|
|
Docket Date |
2023-05-30
|
Type |
Motions Relating to Briefs
|
Subtype |
Motion to Amend Brief
|
Description |
Motion For Leave To File Amended Brief
|
On Behalf Of |
State of Florida
|
|
Docket Date |
2023-05-23
|
Type |
Record
|
Subtype |
Transcript
|
Description |
Transcript Received ~ SUPPLEMENTAL TRIAL TRANSCRIPT; 631 PAGES
|
On Behalf Of |
John Crawford
|
|
Docket Date |
2023-05-11
|
Type |
Order
|
Subtype |
Order on Motion to Supplement Record
|
Description |
Order Granting Motion to Supplement the Record ~ SROA BY 5/30/23
|
|
Docket Date |
2023-05-09
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
Description |
Order Grant EOT for Answer Brief ~ ANSWER BRF ACCEPTED
|
|
Docket Date |
2023-05-08
|
Type |
Motions Relating to Records
|
Subtype |
Motion to Supplement Record
|
Description |
Motion To File Supplemental Record
|
On Behalf Of |
State of Florida
|
|
Docket Date |
2023-05-08
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief
|
On Behalf Of |
State of Florida
|
|
Docket Date |
2023-05-01
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Answer Brief
|
Description |
Mot. for Extensio of time to file Answer Brief
|
On Behalf Of |
State of Florida
|
|
Docket Date |
2023-03-31
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
Description |
Notice of Agreed Extension - Answer Brief ~ TO 5/1
|
On Behalf Of |
State of Florida
|
|
Docket Date |
2023-03-13
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
State of Florida
|
|
Docket Date |
2023-03-01
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
David Eugene Johnson
|
|
Docket Date |
2023-01-30
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
Description |
Notice of Agreed Extension - Initial Brief ~ TO 3/1
|
On Behalf Of |
David Eugene Johnson
|
|
Docket Date |
2023-01-03
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgement Letter 1
|
|
Docket Date |
2022-12-29
|
Type |
Misc. Events
|
Subtype |
Designation of Public Defender
|
Description |
Designation of Public Defender
|
On Behalf Of |
David Eugene Johnson
|
|
Docket Date |
2022-12-29
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ 1078 pages - CONTAINS CONFIDENTIAL INFORMATION
|
On Behalf Of |
John Crawford
|
|
Docket Date |
2022-12-16
|
Type |
Disposition by Order
|
Subtype |
Transferred
|
Description |
Transfer 4th Circuit Case to 5th DCA ~ Beginning January 1, 2023, the Fifth District Court of Appeal will have jurisdiction over matters originating in the Fourth Judicial Circuit. Ch. 22-163, Laws of Fla. By order of the Florida Supreme Court, effective January 1, 2023, the First District shall transfer to the Fifth District Court of Appeal any pending cases originating from the Fourth Judicial Circuit. In re: Implementation of a Sixth District Court of Appeal and Realignment of the Jurisdictional Boundaries of Other Appellate Districts, Fla. Admin. Order No. AOSC22-81 (November 1, 2022).Because the time for briefing this appeal will not conclude before January 1, 2023, the Court notifies all parties and any attorneys of record that this case will transfer to the Fifth District Court of Appeal, on January 1, 2023. No further order will issue to effectuate the transfer. This Court will accept filings in this case until 11:59:59 p.m. on December 31, 2022. After that date, all filings must be submitted to the Fifth District Court of Appeal via the Florida Courts E-Filing Portal or, if permitted to be filed in paper, to the Clerk’s Office, Fifth District Court of Appeal, 300 South Beach Street, Daytona Beach, Florida 32114.
|
|
Docket Date |
2022-11-29
|
Type |
Misc. Events
|
Subtype |
Docketing Statement
|
Description |
Docketing Statement
|
On Behalf Of |
David Eugene Johnson
|
|
Docket Date |
2022-11-17
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Notice of Appeal / Acknowledgement letter ~ Notice of Appeal from the lower tribunal reflecting a filing date of November 15, 2022.
|
|
Docket Date |
2022-11-16
|
Type |
Notice
|
Subtype |
Notice of Appeal Transmittal Form
|
Description |
Notice of Appeal Transmittal Form
|
On Behalf Of |
John Crawford
|
|
Docket Date |
2022-11-16
|
Type |
Misc. Events
|
Subtype |
Determination of Indigency/LT Order Insolvency
|
Description |
Insolvency/Indigency Order from Lower Tribunal ~ appt conflict counsel
|
On Behalf Of |
John Crawford
|
|
|
MARQUIS DEON GAY VS STATE OF FLORIDA
|
5D2023-0301
|
2022-10-12
|
Closed
|
|
Classification |
NOA Final - Circuit Criminal - Judgment and Sentence
|
Court |
5th District Court of Appeal
|
Originating Court |
Circuit Court for the Fourth Judicial Circuit, Nassau County
45-2020-CF-000619
|
Parties
Name |
Marquis Deon Gay
|
Role |
Appellant
|
Status |
Active
|
Representations |
Office of the Public Defender, Elizabeth Hogan Webb DNU, Fourth Judicial Circuit Public Defender, Joseph Chloupek
|
|
Name |
STATE OF FLORIDA LLC
|
Role |
Appellee
|
Status |
Active
|
Representations |
Tallahassee Attorney General, David Welch
|
|
Name |
Hon. James H. Daniel
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
JOHN CRAWFORD, INC
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2022-12-20
|
Type |
Disposition by Order
|
Subtype |
Transferred
|
Description |
Transfer 4th Circuit Case to 5th DCA ~ Beginning January 1, 2023, the Fifth District Court of Appeal will have jurisdiction over matters originating in the Fourth Judicial Circuit. Ch. 22-163, Laws of Fla. By order of the Florida Supreme Court, effective January 1, 2023, the First District shall transfer to the Fifth District Court of Appeal any pending cases originating from the Fourth Judicial Circuit. In re: Implementation of a Sixth District Court of Appeal and Realignment of the Jurisdictional Boundaries of Other Appellate Districts, Fla. Admin. Order No. AOSC22-81 (November 1, 2022).Because the time for briefing this appeal will not conclude before January 1, 2023, the Court notifies all parties and any attorneys of record that this case will transfer to the Fifth District Court of Appeal, on January 1, 2023. No further order will issue to effectuate the transfer. This Court will accept filings in this case until 11:59:59 p.m. on December 31, 2022. After that date, all filings must be submitted to the Fifth District Court of Appeal via the Florida Courts E-Filing Portal or, if permitted to be filed in paper, to the Clerk’s Office, Fifth District Court of Appeal, 300 South Beach Street, Daytona Beach, Florida 32114.
|
|
Docket Date |
2022-12-19
|
Type |
Record
|
Subtype |
Exhibits
|
Description |
Received Exhibits ~ WALLET
|
|
Docket Date |
2022-12-19
|
Type |
Misc. Events
|
Subtype |
Determination of Indigency/LT Order Insolvency
|
Description |
Insolvency/Indigency Order from Lower Tribunal ~ counsel withdrawn, appt. PD
|
On Behalf Of |
Marquis Deon Gay
|
|
Docket Date |
2022-12-09
|
Type |
Record
|
Subtype |
Transcript
|
Description |
Transcript Received ~ 576 pages
|
On Behalf Of |
John Crawford
|
|
Docket Date |
2022-10-31
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Grant Ct Rptr Ext Record & Brief-Crim ~ The court reporter's motion docketed on October 20, 2022, is granted. Time for delivery of the transcript is extended to November 28, 2022. Time for service of the index to the record on appeal is extended to 10 days after delivery of the transcript, and time for service of the initial brief is extended to 30 days from service of the record. Additional briefs shall be served in accordance with Florida Rule of Appellate Procedure 9.210(f). Upon delivery of the transcripts to the lower court, the court reporter shall electronically file through the Florida Courts E-Filing Portal with this court a notice containing the date the transcripts were delivered to the lower tribunal clerk. Such notice must show service on all parties as well as the lower tribunal clerk.
|
|
Docket Date |
2022-10-20
|
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
|
|
Docket Date |
2022-10-18
|
Type |
Misc. Events
|
Subtype |
Docketing Statement
|
Description |
Docketing Statement
|
On Behalf Of |
Marquis Deon Gay
|
|
Docket Date |
2022-10-17
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Marquis Deon Gay
|
|
Docket Date |
2022-10-13
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Notice of Appeal / Acknowledgement letter ~ Notice of Appeal from the lower tribunal reflecting a filing date of September 28, 2022.
|
|
Docket Date |
2022-10-12
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
WW1:Waived-9.430
|
|
Docket Date |
2022-10-12
|
Type |
Notice
|
Subtype |
Notice of Appeal Transmittal Form
|
Description |
Notice of Appeal Transmittal Form
|
On Behalf Of |
John Crawford
|
|
Docket Date |
2023-11-29
|
Type |
Record
|
Subtype |
Returned Records
|
Description |
Returned Records
|
|
Docket Date |
2023-09-15
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2023-08-22
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed - Per Curiam Affirmed ~ PCA
|
|
Docket Date |
2023-03-02
|
Type |
Notice
|
Subtype |
Notice
|
Description |
NOTICE OF PANEL ASSIGNMENT
|
|
Docket Date |
2023-02-14
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant's Reply Brief
|
On Behalf Of |
Marquis Deon Gay
|
|
Docket Date |
2023-02-10
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief
|
On Behalf Of |
State of Florida
|
|
Docket Date |
2023-02-08
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
State of Florida
|
|
Docket Date |
2023-01-19
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
Marquis Deon Gay
|
|
Docket Date |
2023-01-03
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgement Letter 1
|
|
Docket Date |
2023-01-03
|
Type |
Misc. Events
|
Subtype |
Designation of Public Defender
|
Description |
Designation of Public Defender
|
On Behalf Of |
Marquis Deon Gay
|
|
|
ADRIAN GRAY VS STATE OF FLORIDA
|
5D2023-0290
|
2022-10-04
|
Closed
|
|
Classification |
NOA Final - Circuit Criminal - 3.850 Summary
|
Court |
5th District Court of Appeal
|
Originating Court |
Circuit Court for the Fourth Judicial Circuit, Nassau County
45-2004-CF-160
|
Parties
Name |
Adrian K. Gray
|
Role |
Appellant
|
Status |
Active
|
|
Name |
STATE OF FLORIDA LLC
|
Role |
Appellee
|
Status |
Active
|
Representations |
Tallahassee Attorney General
|
|
Name |
Hon. James H. Daniel
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
JOHN CRAWFORD, INC
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2023-03-24
|
Type |
Record
|
Subtype |
Returned Records
|
Description |
Returned Records ~ NO RECORD EFILED
|
|
Docket Date |
2023-03-24
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2023-02-28
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed - Per Curiam Affirmed ~ PCA
|
|
Docket Date |
2023-01-03
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgement Letter 1
|
|
Docket Date |
2022-12-20
|
Type |
Disposition by Order
|
Subtype |
Transferred
|
Description |
Transfer 4th Circuit Case to 5th DCA ~ Beginning January 1, 2023, the Fifth District Court of Appeal will have jurisdiction over matters originating in the Fourth Judicial Circuit. Ch. 22-163, Laws of Fla. By order of the Florida Supreme Court, effective January 1, 2023, the First District shall transfer to the Fifth District Court of Appeal any pending cases originating from the Fourth Judicial Circuit. In re: Implementation of a Sixth District Court of Appeal and Realignment of the Jurisdictional Boundaries of Other Appellate Districts, Fla. Admin. Order No. AOSC22-81 (November 1, 2022).Because the time for briefing this appeal will not conclude before January 1, 2023, the Court notifies all parties and any attorneys of record that this case will transfer to the Fifth District Court of Appeal, on January 1, 2023. No further order will issue to effectuate the transfer. This Court will accept filings in this case until 11:59:59 p.m. on December 31, 2022. After that date, all filings must be submitted to the Fifth District Court of Appeal via the Florida Courts E-Filing Portal or, if permitted to be filed in paper, to the Clerk’s Office, Fifth District Court of Appeal, 300 South Beach Street, Daytona Beach, Florida 32114.
|
|
Docket Date |
2022-11-28
|
Type |
Notice
|
Subtype |
Amended Notice of Appeal
|
Description |
Amended Notice of Appeal ~ cert. serv.
|
On Behalf Of |
Adrian K. Gray
|
|
Docket Date |
2022-11-10
|
Type |
Misc. Events
|
Subtype |
Miscellaneous Docket Entry
|
Description |
SC-Failure to Comply w/Order-Appeals ~ Within 10 days of the date of this order, the appellant shall comply with this Court's order dated October 4, 2022, requiring appellant to file an amended Notice of Appeal which contains a proper certificate of service showing service on Ashley Moody, Attorney General. Alternatively, the appellant may file a response showing cause why this appeal should not be dismissed for failure to comply with the order dated October 4, 2022. Failure to timely comply with this order will result in dismissal of this case without further opportunity to be heard. Fla. R. App. P. 9.410.
|
|
Docket Date |
2022-10-27
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
Adrian K. Gray
|
|
Docket Date |
2022-10-20
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ 86 pages
|
On Behalf Of |
John Crawford
|
|
Docket Date |
2022-10-17
|
Type |
Misc. Events
|
Subtype |
Docketing Statement
|
Description |
Docketing Statement
|
On Behalf Of |
Adrian K. Gray
|
|
Docket Date |
2022-10-04
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
Adrian K. Gray
|
|
Docket Date |
2022-10-04
|
Type |
Order
|
Subtype |
Order
|
Description |
File Amd NOA Cert Serv(PS)/Rule&Form Att ~ Upon the Court's own motion, appellant is directed to file within 10 days from the date of this order an amended notice of appeal which contains a proper certificate of service showing service on Ashley Moody, Attorney General. A copy of Florida Rule of Appellate Procedure 9.420, which defines certificate of service, and a sample form for an amended notice of appeal are attached to appellant's copy of this order. The amended notice of appeal shall be filed with this Court and not the lower tribunal. The failure of appellant to timely comply with this order could result in the imposition of sanctions, including dismissal of the appeal without further opportunity to be heard. Florida Rule of Appellate Procedure 9.410.
|
|
Docket Date |
2022-10-04
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Circuit Court Action / Acknowledgement letter ~ Notice of Appeal in this lower tribunal action, filed in this court on October 4, 2022, and in the lower tribunal on
|
|
Docket Date |
2022-10-04
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
NF1:No Fee-3.850
|
|
|
Frederick Johnson, Appellant(s), v. Wal-Mart Stores East, LP, A Foreign Limited Partnership, Appellee(s).
|
5D2023-0201
|
2022-08-04
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Other
|
Court |
5th District Court of Appeal
|
Originating Court |
Circuit Court for the Fourth Judicial Circuit, Nassau County
2019-CA-0446
|
Parties
Name |
Frederick Johnson
|
Role |
Appellant
|
Status |
Active
|
Representations |
James R. Holland II, Jessie L. Harrell, Todd Michaels
|
|
Name |
WAL-MART STORES EAST, LP
|
Role |
Appellee
|
Status |
Active
|
Representations |
Elliot H. Scherker DNU, Deana N. Dunham, Brigid F. Cech Samole, Bethany J. M. Pandher, Elliot H. Scherker, Todd T. Springer
|
|
Name |
Hon. Eric C. Roberson
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
JOHN CRAWFORD, INC
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2024-06-06
|
Type |
Response
|
Subtype |
Response
|
Description |
Response to Motion for Rehearing, etc.
|
On Behalf Of |
Wal-Mart Stores East, LP
|
|
Docket Date |
2024-10-23
|
Type |
Record
|
Subtype |
Returned Records
|
Description |
Returned Records
|
|
Docket Date |
2024-10-02
|
Type |
Supreme Court
|
Subtype |
Supreme Court Order
|
Description |
Supreme Court Order/Disposition SC35-1108---PETITION FOR REVIEW DENIED
|
|
Docket Date |
2024-07-26
|
Type |
Supreme Court
|
Subtype |
Notice to Invok. Disc. Jur. FSC
|
Description |
Notice to Invok. Disc. Jur. FSC
|
On Behalf Of |
Frederick Johnson
|
|
Docket Date |
2024-07-24
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2024-07-24
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
View |
View File
|
|
Docket Date |
2024-06-28
|
Type |
Order
|
Subtype |
Order on Motion for Rehearing and Rehearing En Banc
|
Description |
Order on Motion for Rehearing and Rehearing En Banc and/or Certification; MOT DENIED
|
View |
View File
|
|
Docket Date |
2024-05-22
|
Type |
Post-Disposition Motions
|
Subtype |
Motion for Rehearing and Rehearing En Banc
|
Description |
Motion for Rehearing and Rehearing En Banc AND/OR CERTIFICATION
|
On Behalf Of |
Frederick Johnson
|
|
Docket Date |
2024-05-02
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Order on Motion for Extension of Time; AA FILE MOT FOR REHEARING BY 5/22/24; J. MAKAR CONCURRING...
|
View |
View File
|
|
Docket Date |
2024-04-30
|
Type |
Response
|
Subtype |
Objection
|
Description |
Objection to Motion for Extension of Time
|
On Behalf Of |
Wal-Mart Stores East, LP
|
|
Docket Date |
2024-04-29
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time
|
Description |
Motion for Extension of Time TO FILE MOTION FOR REHEARING, REHEARING EN BANC, AND/OR CERTIFICATION
|
On Behalf Of |
Frederick Johnson
|
|
Docket Date |
2024-04-12
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed - Authored Opinion
|
|
Docket Date |
2023-05-15
|
Type |
Notice
|
Subtype |
Notice of Oral Argument
|
Description |
NOTICE OF ORAL ARGUMENT
|
|
Docket Date |
2023-05-10
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ AE'S OA PREFERENCE
|
On Behalf Of |
Wal-Mart Stores East, LP
|
|
Docket Date |
2023-05-09
|
Type |
Response
|
Subtype |
OA Preference Request
|
Description |
ORAL ARGUMENT PREFERENCE REQUEST
|
|
Docket Date |
2023-05-09
|
Type |
Brief
|
Subtype |
Cross-Reply Brief
|
Description |
Appellee/Cross-Appellant's Reply Brief
|
On Behalf Of |
Wal-Mart Stores East, LP
|
|
Docket Date |
2023-04-17
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant's Reply Brief
|
On Behalf Of |
Frederick Johnson
|
|
Docket Date |
2023-04-17
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument
|
On Behalf Of |
Frederick Johnson
|
|
Docket Date |
2023-03-16
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
Description |
Notice of Agreed Extension - Reply Brief ~ AND CROSS-ANSWER BRIEF TO 4/17
|
On Behalf Of |
Frederick Johnson
|
|
Docket Date |
2023-02-16
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument
|
On Behalf Of |
Wal-Mart Stores East, LP
|
|
Docket Date |
2023-02-16
|
Type |
Brief
|
Subtype |
Appendix
|
Description |
Appendix for Answer Brief
|
On Behalf Of |
Wal-Mart Stores East, LP
|
|
Docket Date |
2023-01-09
|
Type |
Record
|
Subtype |
Exhibits
|
Description |
Received Exhibits ~ WALLET
|
|
Docket Date |
2023-01-06
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
ORD-Strike for Non-Service on Client ~ COUNSEL FOR AE/CROSS-AA W/IN 5 DYS FILE AMENDED NTC AGREED EOT; NTC STRICKEN
|
|
Docket Date |
2023-01-06
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
Description |
Notice of Agreed Extension - Answer Brief ~ TO 2/17 - AMENDED
|
On Behalf Of |
Wal-Mart Stores East, LP
|
|
Docket Date |
2023-01-04
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
Description |
Notice of Agreed Extension - Answer Brief ~ STRICKEN PER 1/6 ORDER
|
On Behalf Of |
Wal-Mart Stores East, LP
|
|
Docket Date |
2023-01-03
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgement Letter 1
|
|
Docket Date |
2022-12-22
|
Type |
Disposition by Order
|
Subtype |
Transferred
|
Description |
Transfer 4th Circuit Case to 5th DCA ~ Beginning January 1, 2023, the Fifth District Court of Appeal will have jurisdiction over matters originating in the Fourth Judicial Circuit. Ch. 22-163, Laws of Fla. By order of the Florida Supreme Court, effective January 1, 2023, the First District shall transfer to the Fifth District Court of Appeal any pending cases originating from the Fourth Judicial Circuit. In re: Implementation of a Sixth District Court of Appeal and Realignment of the Jurisdictional Boundaries of Other Appellate Districts, Fla. Admin. Order No. AOSC22-81 (November 1, 2022).Because the time for briefing this appeal will not conclude before January 1, 2023, the Court notifies all parties and any attorneys of record that this case will transfer to the Fifth District Court of Appeal, on January 1, 2023. No further order will issue to effectuate the transfer. This Court will accept filings in this case until 11:59:59 p.m. on December 31, 2022. After that date, all filings must be submitted to the Fifth District Court of Appeal via the Florida Courts E-Filing Portal or, if permitted to be filed in paper, to the Clerk’s Office, Fifth District Court of Appeal, 300 South Beach Street, Daytona Beach, Florida 32114.
|
|
Docket Date |
2022-12-19
|
Type |
Notice
|
Subtype |
Notice of Confidential Information within Court Filing
|
Description |
Notice of Confidential Information with Court Filing
|
On Behalf Of |
Frederick Johnson
|
|
Docket Date |
2022-12-19
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
View |
View File
|
|
Docket Date |
2022-11-18
|
Type |
Record
|
Subtype |
Supplemental Record
|
Description |
Supplemental Records ~ Supplement 1 - exhibits to be sent by CD or flash drive
|
On Behalf Of |
John Crawford
|
|
Docket Date |
2022-11-16
|
Type |
Order
|
Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
Description |
Grant Suppl Rcd-Transmit/brf EOT ~ The Court grants Appellant’s motion filed November 14, 2022, seeking to supplement the record on appeal with exhibits A and B to Defendant’s response to Plaintiff’s motion for re-hearing filed June 3, 2022, filed under seal with the lower tribunal. Counsel for movant shall ensure preparation and transmittal of the supplemental record by the clerk of the lower tribunal on or before December 1, 2022. The lower tribunal clerk shall provide the sealed records to this Court on a physical CD or flash drive, not by filing through the electronic filing portal. As the lower tribunal ordered that the documents remain under seal, the Clerk of this Court shall maintain confidentiality of the sealed records in accordance with Florida Rule of General Practice and Judicial Administration 2.420(g)(8). The Court extends time for service of the initial brief to thirty days following transmittal of the supplemental record.
|
|
Docket Date |
2022-11-14
|
Type |
Motions Relating to Records
|
Subtype |
Motion to Supplement Record
|
Description |
Motion To File Supplemental Record ~ and extension of time to file IB
|
On Behalf Of |
Frederick Johnson
|
|
Docket Date |
2022-10-26
|
Type |
Record
|
Subtype |
Exhibits
|
Description |
Received Exhibits ~ 1 brown env. ( 1 USB Drive)
|
|
Docket Date |
2022-10-12
|
Type |
Order
|
Subtype |
Order on Agreed Extension of Time
|
Description |
Recognizing Agreed Extension of Time ~ IB/30 days 11/14/22
|
|
Docket Date |
2022-10-11
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Notice of Agreed Extension of Time ~ IB 30 days
|
On Behalf Of |
Frederick Johnson
|
|
Docket Date |
2022-10-03
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ 1726 pages
|
On Behalf Of |
John Crawford
|
|
Docket Date |
2022-08-23
|
Type |
Notice
|
Subtype |
Notice of Cross Appeal
|
Description |
Notice of Cross Appeal ~ for Wal-Mart Stores East, LP
|
On Behalf Of |
Wal-Mart Stores East, LP
|
|
Docket Date |
2022-08-10
|
Type |
Misc. Events
|
Subtype |
Docketing Statement
|
Description |
Docketing Statement
|
On Behalf Of |
Frederick Johnson
|
|
Docket Date |
2022-08-09
|
Type |
Misc. Events
|
Subtype |
Miscellaneous Docket Entry
|
Description |
Acknowledgment of Service List ~ The notice filed by counsel for the Appellee on August 8, 2022, providing e-mail addresses, is acknowledged. However, in addition to filing such notice, counsel of record are responsible for ensuring their primary and/or secondary e-mail addresses under their profile in the Florida Courts E-Filing Portal and eDCA are consistent with the filed notice in order to receive e-mailed notification (Casemail) from the court. Profiles for eDCA users may be updated by clicking on the “My Profile” link and clicking the “Submit” button after making the desired changes.
|
|
Docket Date |
2022-08-08
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Notice of Appeal / Acknowledgement letter ~ Notice of Appeal from the lower tribunal reflecting a filing date of August 2, 2022.
|
|
Docket Date |
2022-08-08
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Wal-Mart Stores East, LP
|
|
Docket Date |
2022-08-04
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
Docket Date |
2022-08-04
|
Type |
Notice
|
Subtype |
Notice of Appeal Transmittal Form
|
Description |
Notice of Appeal Transmittal Form
|
On Behalf Of |
John Crawford
|
|
|
KEITH CURTIS WILLIAMS VS STATE OF FLORIDA
|
5D2023-0126
|
2022-05-18
|
Closed
|
|
Classification |
NOA Final - Circuit Criminal - Judgment and Sentence
|
Court |
5th District Court of Appeal
|
Originating Court |
Circuit Court for the Fourth Judicial Circuit, Nassau County
45-2021-CF-000219-AXYX
|
Parties
Name |
Keith Curtis Williams
|
Role |
Appellant
|
Status |
Active
|
Representations |
Jasmine Russell Dixon, Jessica J. Yeary
|
|
Name |
STATE OF FLORIDA LLC
|
Role |
Appellee
|
Status |
Active
|
Representations |
Trisha Meggs Pate, Tallahassee Attorney General, Trisha Meggs Pate DNU
|
|
Name |
Hon. James H. Daniel
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
James H. Daniel
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
JOHN CRAWFORD, INC
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2022-08-24
|
Type |
Record
|
Subtype |
Supplemental Record
|
Description |
Supplemental Records ~ 7 pages
|
On Behalf Of |
John Crawford
|
|
Docket Date |
2022-09-23
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
Keith Curtis Williams
|
|
Docket Date |
2022-09-23
|
Type |
Motions Relating to Briefs
|
Subtype |
Motion To Allow Appellant to File Brief
|
Description |
Motion To Allow Appellant to File Brief
|
On Behalf Of |
Keith Curtis Williams
|
|
Docket Date |
2022-09-27
|
Type |
Order
|
Subtype |
Order
|
Description |
Pro Se After Anders-No State Brief ~ Appellant in proper person is granted 30 days from the date of this order to serve an initial brief. Failure to timely serve a pro se brief will result in this case being presented to the court without benefit of a pro se brief. Pending further order of this court, appellee shall not be required to serve an answer brief. If the panel of judges which considers the merits of this appeal finds that the record or briefs support any arguable claims, additional briefing will be ordered in accordance with In re Anders Briefs, 581 So. 2d 149 (Fla. 1991).
|
|
Docket Date |
2023-05-03
|
Type |
Record
|
Subtype |
Returned Records
|
Description |
Returned Records
|
|
Docket Date |
2023-03-31
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2023-03-07
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed - Per Curiam Affirmed ~ PCA
|
|
Docket Date |
2023-01-06
|
Type |
Record
|
Subtype |
Exhibits
|
Description |
Received Exhibits ~ WALLET
|
|
Docket Date |
2023-01-03
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgement Letter 1
|
|
Docket Date |
2022-12-30
|
Type |
Disposition by Order
|
Subtype |
Transferred
|
Description |
Transfer 4th Circuit Case to 5th DCA ~ Beginning January 1, 2023, the Fifth District Court of Appeal will have jurisdiction over matters originating in the Fourth Judicial Circuit. Ch. 22-163, Laws of Fla. By order of the Florida Supreme Court, effective January 1, 2023, the First District shall transfer to the Fifth District Court of Appeal any pending cases originating from the Fourth Judicial Circuit. In re: Implementation of a Sixth District Court of Appeal and Realignment of the Jurisdictional Boundaries of Other Appellate Districts, Fla. Admin. Order No. AOSC22-81 (November 1, 2022).The Court notifies all parties and any attorneys of record that this case will transfer to the Fifth District Court of Appeal, on January 1, 2023. No further order will issue to effectuate the transfer. This Court will accept filings in this case until 11:59:59 p.m. on December 31, 2022. After that date, all filings must be submitted to the Fifth District Court of Appeal via the Florida Courts E-Filing Portal or, if permitted to be filed in paper, to the Clerk’s Office, Fifth District Court of Appeal, 300 South Beach Street, Daytona Beach, Florida 32114.
|
|
Docket Date |
2022-08-24
|
Type |
Order
|
Subtype |
Order
|
Description |
Order ~ Given the responses filed on August 17, 2022, and August 19, 2022, counsel for the appellant shall ensure preparation and transmittal of the supplemental record by the clerk of the trial court on or before September 6, 2022. The court extends time for service of the initial brief to thirty days following transmittal of the supplemental record.
|
|
Docket Date |
2022-08-19
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ to order to response to clerk's inability to file supp rec
|
On Behalf Of |
State of Florida
|
|
Docket Date |
2022-08-17
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ TO THE NOTICE OF INABILITY
|
On Behalf Of |
Keith Curtis Williams
|
|
Docket Date |
2022-08-17
|
Type |
Record
|
Subtype |
Exhibits
|
Description |
Received Exhibits ~ 1 brown env. ( 1 USB Drive)
|
|
Docket Date |
2022-08-16
|
Type |
Order
|
Subtype |
Order to File Response
|
Description |
File Response to Motion ~ Within ten days of the date of this order, Appellant and Appellee shall file a response to the notice of inability, docketed on August 9, 2022.
|
|
Docket Date |
2022-08-09
|
Type |
Notice
|
Subtype |
Notice of Inability
|
Description |
Notice of Inability ~ to transmit ROA
|
On Behalf Of |
John Crawford
|
|
Docket Date |
2022-08-09
|
Type |
Record
|
Subtype |
Supplemental Record
|
Description |
Supplemental Records ~ 13 pages - Supplement 1
|
On Behalf Of |
John Crawford
|
|
Docket Date |
2022-07-28
|
Type |
Order
|
Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
Description |
Grant Suppl Rcd-Transmit/brf EOT ~ The Court grants Appellant’s motion filed July 26, 2022, seeking to supplement the record on appeal with a copy of the Department of Highway and Safety Motor Vehicle’s driving record for Tamela Holloway and photos of the Catalina Drive home introduced into evidence at the October 28, 2021, hearing. Counsel for movant shall ensure preparation and transmittal of the supplemental record by the clerk of the lower tribunal on or before August 12, 2022. The Court extends time for service of the initial brief to thirty days following transmittal of the supplemental record.
|
|
Docket Date |
2022-07-26
|
Type |
Motions Relating to Records
|
Subtype |
Motion to Supplement Record
|
Description |
Motion To File Supplemental Record
|
On Behalf Of |
Keith Curtis Williams
|
|
Docket Date |
2022-06-28
|
Type |
Misc. Events
|
Subtype |
Designation of Public Defender
|
Description |
Designation of Public Defender
|
On Behalf Of |
Keith Curtis Williams
|
|
Docket Date |
2022-06-28
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ 238 pages
|
On Behalf Of |
John Crawford
|
|
Docket Date |
2022-05-26
|
Type |
Misc. Events
|
Subtype |
Docketing Statement
|
Description |
Docketing Statement
|
|
Docket Date |
2022-05-19
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Notice of Appeal / Acknowledgement letter ~ Notice of Appeal from the lower tribunal reflecting a filing date of May 11, 2022.
|
|
Docket Date |
2022-05-18
|
Type |
Notice
|
Subtype |
Notice of Appeal Transmittal Form
|
Description |
Notice of Appeal Transmittal Form
|
On Behalf Of |
John Crawford
|
|
Docket Date |
2022-05-18
|
Type |
Misc. Events
|
Subtype |
Determination of Indigency/LT Order Insolvency
|
Description |
Insolvency/Indigency Order from Lower Tribunal ~ order declaring defendant indigent
|
On Behalf Of |
John Crawford
|
|
|
JOSEPH LUIS LEVIN VS STATE OF FLORIDA
|
5D2023-0097
|
2022-04-18
|
Closed
|
|
Classification |
NOA Final - Circuit Criminal - 3.800 Summary
|
Court |
5th District Court of Appeal
|
Originating Court |
Circuit Court for the Fourth Judicial Circuit, Nassau County
2013-CF-958
|
Parties
Name |
Joseph Luis Levin
|
Role |
Appellant
|
Status |
Active
|
|
Name |
STATE OF FLORIDA LLC
|
Role |
Appellee
|
Status |
Active
|
Representations |
Daren L. Shippy, Tallahassee Attorney General
|
|
Name |
Hon. James H. Daniel
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
JOHN CRAWFORD, INC
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2023-08-01
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2023-08-01
|
Type |
Record
|
Subtype |
Returned Records
|
Description |
Returned Records ~ NO RECORD EFILED
|
|
Docket Date |
2023-07-24
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
ORD-Stricken ~ DOCUMENT FILED 7/10 (MAILBOX DATE) IS STRICKEN
|
|
Docket Date |
2023-07-13
|
Type |
Misc. Events
|
Subtype |
Miscellaneous Docket Entry
|
Description |
Miscellaneous Docket Entry ~ "IMPORTANT: (1) WILL RECEIVE A DE NOVO RESENTENCING; (2) I AM CURRENTLY ILLEGALLY DETAINED; MAILBOX 07/10/23
|
On Behalf Of |
Joseph Luis Levin
|
|
Docket Date |
2023-07-10
|
Type |
Order
|
Subtype |
Order on Motion for Rehearing
|
Description |
Order Deny Rehearing
|
|
Docket Date |
2023-06-21
|
Type |
Misc. Events
|
Subtype |
Miscellaneous Docket Entry
|
Description |
Miscellaneous Docket Entry ~ "NOTICE"; MAILBOX 06/14/23
|
On Behalf Of |
Joseph Luis Levin
|
|
Docket Date |
2023-06-16
|
Type |
Misc. Events
|
Subtype |
Miscellaneous Docket Entry
|
Description |
Miscellaneous Docket Entry ~ "AFFIDAVIT OF JOSEPH LUIS LEVIN, VERY IMPORTANT, IN ADDITION TO MOTION FOR REHEARING"; MAILBOX 06/13/23
|
On Behalf Of |
Joseph Luis Levin
|
|
Docket Date |
2023-06-14
|
Type |
Post-Disposition Motions
|
Subtype |
Motion for Rehearing
|
Description |
Motion For Rehearing ~ CLARIFICATION, REQUEST FOR WRITTEN OPINION; MAILBOX 06/09/23
|
On Behalf Of |
Joseph Luis Levin
|
|
Docket Date |
2023-05-30
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed - Per Curiam Affirmed ~ PCA
|
|
Docket Date |
2023-01-03
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgement Letter 1
|
|
Docket Date |
2022-12-29
|
Type |
Disposition by Order
|
Subtype |
Transferred
|
Description |
Transfer 4th Circuit Case to 5th DCA ~ Beginning January 1, 2023, the Fifth District Court of Appeal will have jurisdiction over matters originating in the Fourth Judicial Circuit. Ch. 22-163, Laws of Fla. By order of the Florida Supreme Court, effective January 1, 2023, the First District shall transfer to the Fifth District Court of Appeal any pending cases originating from the Fourth Judicial Circuit. In re: Implementation of a Sixth District Court of Appeal and Realignment of the Jurisdictional Boundaries of Other Appellate Districts, Fla. Admin. Order No. AOSC22-81 (November 1, 2022).The Court notifies all parties and any attorneys of record that this case will transfer to the Fifth District Court of Appeal, on January 1, 2023. No further order will issue to effectuate the transfer. Because of the case’s transfer, this Court will take no further action on our November 22, 2022, order that directed the Appellee to address Appellant’s claim “that he did not qualify as a sexual predator at the time of his sentencing” and allowed Appellant to reply to the Appellee’s response. Both parties have filed in response to this order.This Court will accept filings in this case until 11:59:59 p.m. on December 31, 2022. After that date, all filings must be submitted to the Fifth District Court of Appeal via the Florida Courts E-Filing Portal or, if permitted to be filed in paper, to the Clerk’s Office, Fifth District Court of Appeal, 300 South Beach Street, Daytona Beach, Florida 32114.
|
|
Docket Date |
2022-12-19
|
Type |
Response
|
Subtype |
Reply
|
Description |
REPLY ~ to appellee's December 8, 2022, response to this courts November 22,2022 order
|
On Behalf Of |
Joseph Luis Levin
|
|
Docket Date |
2022-12-08
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE
|
On Behalf Of |
State of Florida
|
|
Docket Date |
2022-12-05
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
State of Florida
|
|
Docket Date |
2022-11-29
|
Type |
Supreme Court
|
Subtype |
Supreme Court Opinion
|
Description |
Supreme Court Disposition ~ The petition for writ of mandamus is hereby denied without prejudice.
|
|
Docket Date |
2022-11-22
|
Type |
Order
|
Subtype |
Order to Serve Brief
|
Description |
Answer Brief to be Filed (9.141/Toler) ~ Pursuant to Florida Rule of Appellate Procedure 9.141(b)(2)(C), within thirty days, Appellee shall serve a response addressing Appellant’s claim that he did not qualify as a sexual predator at the time of his sentencing. Appellant may serve a reply within thirty days thereafter.
|
|
Docket Date |
2022-10-11
|
Type |
Petition
|
Subtype |
Petition
|
Description |
ORIGINAL PETITION ~ Petition for Writ of Mandamus filed directly w/FL SC
|
|
Docket Date |
2022-10-11
|
Type |
Supreme Court
|
Subtype |
Acknowledged Receipt from Supreme Court
|
Description |
Acknowledged Receipt from Supreme Court
|
|
Docket Date |
2022-09-22
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ second notice of general time standards expiration of time to rule of 10-10-2022
|
On Behalf Of |
Joseph Luis Levin
|
|
Docket Date |
2022-08-18
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ of expiration of time standards of disposition of this appellate case and request to hear and rule promptly
|
On Behalf Of |
Joseph Luis Levin
|
|
Docket Date |
2022-07-27
|
Type |
Notice
|
Subtype |
Notice of Supplemental Authority
|
Description |
Notice of Supplemental Authority
|
On Behalf Of |
Joseph Luis Levin
|
|
Docket Date |
2022-07-01
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Miscellaneous Motion ~ to take action on this case before filing mandamus * SEE 7/15 ORDER IN 22-1170 TRANFERRING PLEADINGS*
|
On Behalf Of |
Joseph Luis Levin
|
|
Docket Date |
2022-06-27
|
Type |
Record
|
Subtype |
Supplemental Record
|
Description |
Supplemental Records ~ 197 pages - Supplement 1
|
On Behalf Of |
John Crawford
|
|
Docket Date |
2022-06-27
|
Type |
Order
|
Subtype |
Order
|
Description |
Order ~ The record on appeal received in this Court electronically on June 21, 2022, is not complete. Appellant’s December 17, 2021, postconviction motion and its exhibits, the January 19, 2022, Florida Supreme Court transfer order and its attachments, and the postconviction court’s March 8, 2022, denial order and its exhibits are not included in the record. The clerk of the lower tribunal shall transmit a supplemental record within twenty days of the date of this order. See Fla. R. App. P. 9.200(f).
|
|
Docket Date |
2022-06-21
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ 247 pages
|
On Behalf Of |
John Crawford
|
|
Docket Date |
2022-06-01
|
Type |
Order
|
Subtype |
Order
|
Description |
Order Denying ~ The Court notes Appellant’s notice of supplemental authority docketed on May 4, 2022. To the extent Appellant moves for expedited treatment, the Court denies the motion to expedite his case.
|
|
Docket Date |
2022-05-04
|
Type |
Notice
|
Subtype |
Notice of Supplemental Authority
|
Description |
Notice of Supplemental Authority ~ SEE 7/15 ORDER IN 22-1170 TRANFERRING PLEADINGS
|
On Behalf Of |
Joseph Luis Levin
|
|
Docket Date |
2022-05-04
|
Type |
Misc. Events
|
Subtype |
Docketing Statement
|
Description |
Docketing Statement
|
On Behalf Of |
Joseph Luis Levin
|
|
Docket Date |
2022-04-20
|
Type |
Letter
|
Subtype |
Direct Letter to Clerk
|
Description |
Direct Letter to Clerk
|
|
Docket Date |
2022-04-18
|
Type |
Petition
|
Subtype |
Petition Mandamus
|
Description |
Petition Mandamus ~ SEE ORDER OF 7/15 IN 22-1170, TRANSFERRING PLEADINGS*
|
On Behalf Of |
Joseph Luis Levin
|
|
Docket Date |
2022-04-18
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ order appealed attached
|
On Behalf Of |
Joseph Luis Levin
|
|
Docket Date |
2022-04-18
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
NF2:No Fee-3.800
|
|
|
TONYA CAPALLIA-EASON VS STATE OF FLORIDA
|
5D2023-0090
|
2022-04-12
|
Closed
|
|
Classification |
NOA Final - Circuit Criminal - 3.850 Summary
|
Court |
5th District Court of Appeal
|
Originating Court |
Circuit Court for the Fourth Judicial Circuit, Nassau County
2016-CF-990
|
Parties
Name |
Tonya Capallia-Eason
|
Role |
Appellant
|
Status |
Active
|
Representations |
William Mallory Kent, William Mallory Kent DNU
|
|
Name |
STATE OF FLORIDA LLC
|
Role |
Appellee
|
Status |
Active
|
Representations |
Michael McDermott, Tallahassee Attorney General
|
|
Name |
Hon. James H. Daniel
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
JOHN CRAWFORD, INC
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2023-02-10
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2023-02-10
|
Type |
Record
|
Subtype |
Returned Records
|
Description |
Returned Records ~ NO RECORD E-FILED
|
|
Docket Date |
2023-01-17
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed - Per Curiam Affirmed ~ PCA
|
|
Docket Date |
2023-01-03
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgement Letter 1
|
|
Docket Date |
2022-12-30
|
Type |
Disposition by Order
|
Subtype |
Transferred
|
Description |
Transfer 4th Circuit Case to 5th DCA ~ Beginning January 1, 2023, the Fifth District Court of Appeal will have jurisdiction over matters originating in the Fourth Judicial Circuit. Ch. 22-163, Laws of Fla. By order of the Florida Supreme Court, effective January 1, 2023, the First District shall transfer to the Fifth District Court of Appeal any pending cases originating from the Fourth Judicial Circuit. In re: Implementation of a Sixth District Court of Appeal and Realignment of the Jurisdictional Boundaries of Other Appellate Districts, Fla. Admin. Order No. AOSC22-81 (November 1, 2022).The Court notifies all parties and any attorneys of record that this case will transfer to the Fifth District Court of Appeal, on January 1, 2023. No further order will issue to effectuate the transfer. This Court will accept filings in this case until 11:59:59 p.m. on December 31, 2022. After that date, all filings must be submitted to the Fifth District Court of Appeal via the Florida Courts E-Filing Portal or, if permitted to be filed in paper, to the Clerk’s Office, Fifth District Court of Appeal, 300 South Beach Street, Daytona Beach, Florida 32114.
|
|
Docket Date |
2022-10-10
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant's Reply Brief
|
On Behalf Of |
Tonya Capallia-Eason
|
|
Docket Date |
2022-09-29
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
Description |
Grant Reply Brief Ext-Warn of Subm w/o Brf ~ The Court grants in part Appellant’s motion for extension of time, filed on September 27, 2022. Appellant shall serve the reply brief on or before October 10, 2022. If Appellant fails to serve the reply brief within the time allowed by this order, the Court will consider this case without a reply brief.
|
|
Docket Date |
2022-09-27
|
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 |
Tonya Capallia-Eason
|
|
Docket Date |
2022-08-30
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief
|
On Behalf Of |
State of Florida
|
|
Docket Date |
2022-08-10
|
Type |
Order
|
Subtype |
Order
|
Description |
Order ~ The Court directs the Appellee to serve a brief within 20 days of the date of this order responding to the arguments Appellant raised in her initial brief. See Fla. R. App. P. 9.141(b)(2)(c)(ii). Appellant shall serve any reply within 30 days after service of the response.
|
|
Docket Date |
2022-07-27
|
Type |
Notice
|
Subtype |
Notice of Filing No Answer Brief
|
Description |
Notice of Filing No Answer Brief
|
On Behalf Of |
State of Florida
|
|
Docket Date |
2022-07-21
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
State of Florida
|
|
Docket Date |
2022-07-11
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
Tonya Capallia-Eason
|
|
Docket Date |
2022-05-13
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Initial Brief EOT Summary Postconviction ~ Appellant’s motion for extension of time docketed May 11, 2022, is granted. The initial brief shall be filed on or before July 11, 2022. No further extensions will be granted absent a showing of bona fide emergency. Failure to file the initial brief within the time allowed by this order will result in the assignment of this cause to a panel of judges for disposition on the merits without briefing in accordance with Florida Rule of Appellate Procedure 9.141(b)(2)(C).
|
|
Docket Date |
2022-05-11
|
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 |
Tonya Capallia-Eason
|
|
Docket Date |
2022-04-26
|
Type |
Misc. Events
|
Subtype |
Docketing Statement
|
Description |
Docketing Statement
|
On Behalf Of |
Tonya Capallia-Eason
|
|
Docket Date |
2022-04-22
|
Type |
Notice
|
Subtype |
Notice of Appeal Transmittal Form
|
Description |
Notice of Appeal Transmittal Form
|
On Behalf Of |
John Crawford
|
|
Docket Date |
2022-04-22
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ 260 pages
|
On Behalf Of |
John Crawford
|
|
Docket Date |
2022-04-13
|
Type |
Letter
|
Subtype |
Direct Letter to Clerk
|
Description |
Direct Letter to Clerk
|
|
Docket Date |
2022-04-12
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
Tonya Capallia-Eason
|
|
Docket Date |
2022-04-12
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
NF1:No Fee-3.850
|
|
|
BRIAN LEWIS WILLIAMSON VS STATE OF FLORIDA
|
5D2023-0079
|
2022-03-24
|
Closed
|
|
Classification |
NOA Final - County Criminal Traffic - 3.850 Non Summary
|
Court |
5th District Court of Appeal
|
Originating Court |
County Court for the Fourth Judicial Circuit, Nassau County
2019-CT-000865
|
Parties
Name |
Brian Lewis Williamson
|
Role |
Appellant
|
Status |
Active
|
Representations |
Susan Z. Cohen, Susan Z. Cohen - DNU, David M. Robbins, David M. Robbins - DNU
|
|
Name |
STATE OF FLORIDA LLC
|
Role |
Appellee
|
Status |
Active
|
Representations |
Tallahassee Attorney General, Zac Lawton
|
|
Name |
Hon. Jenny Higginbotham Barrett
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk Nassau
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Name |
JOHN CRAWFORD, INC
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2023-06-21
|
Type |
Record
|
Subtype |
Returned Records
|
Description |
Returned Records
|
|
Docket Date |
2023-04-14
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2023-03-21
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed - Per Curiam Affirmed ~ PCA
|
|
Docket Date |
2023-01-24
|
Type |
Notice
|
Subtype |
Notice of Oral Argument
|
Description |
NOTICE OF ORAL ARGUMENT
|
|
Docket Date |
2023-01-13
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ AE'S OA PREFERENCE
|
On Behalf Of |
State of Florida
|
|
Docket Date |
2023-01-12
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ AA'S OA PREFERENCE
|
On Behalf Of |
Brian Lewis Williamson
|
|
Docket Date |
2023-01-10
|
Type |
Response
|
Subtype |
OA Preference Request
|
Description |
ORAL ARGUMENT PREFERENCE REQUEST
|
|
Docket Date |
2023-01-09
|
Type |
Record
|
Subtype |
Exhibits
|
Description |
Received Exhibits ~ WALLET MADE
|
|
Docket Date |
2023-01-03
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgement Letter 1
|
|
Docket Date |
2022-12-29
|
Type |
Disposition by Order
|
Subtype |
Transferred
|
Description |
Transfer 4th Circuit Case to 5th DCA ~ Beginning January 1, 2023, the Fifth District Court of Appeal will have jurisdiction over matters originating in the Fourth Judicial Circuit. Ch. 22-163, Laws of Fla. By order of the Florida Supreme Court, effective January 1, 2023, the First District shall transfer to the Fifth District Court of Appeal any pending cases originating from the Fourth Judicial Circuit. In re: Implementation of a Sixth District Court of Appeal and Realignment of the Jurisdictional Boundaries of Other Appellate Districts, Fla. Admin. Order No. AOSC22-81 (November 1, 2022).The Court notifies all parties and any attorneys of record that this case will transfer to the Fifth District Court of Appeal, on January 1, 2023. No further order will issue to effectuate the transfer. This Court will accept filings in this case until 11:59:59 p.m. on December 31, 2022. After that date, all filings must be submitted to the Fifth District Court of Appeal via the Florida Courts E-Filing Portal or, if permitted to be filed in paper, to the Clerk’s Office, Fifth District Court of Appeal, 300 South Beach Street, Daytona Beach, Florida 32114.
|
|
Docket Date |
2022-11-14
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument ~ REDOCKETED MOT FOR OA
|
On Behalf Of |
Brian Lewis Williamson
|
|
Docket Date |
2022-11-14
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant's Reply Brief
|
On Behalf Of |
Brian Lewis Williamson
|
|
Docket Date |
2022-10-27
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
Description |
Reply Brief Grant w/Warning-AO Applies ~ The Court grants, in part, Appellant’s motion for extension of time filed October 21, 2022. Appellant shall serve the reply brief on or before November 14, 2022. The Court will not grant further extensions absent a showing of a bona fide case of emergency. See Administrative Order 19-2 (Fla. 1st DCA 2019). If Appellant fails to serve the reply brief within the time allowed by this order, this case may be submitted to the Court without a reply brief.
|
|
Docket Date |
2022-10-21
|
Type |
Order
|
Subtype |
Order Striking Stipulation for Extension
|
Description |
Agreed Notice of EOT Stricken (Unauthorized Case Type) ~ The agreed notice of extension of time docketed on October 21, 2022, is stricken as unauthorized. Administrative Order 19-2 does not authorize agreed notices of extensions of time for reply briefs in this case type. Any request for additional time to file or to accept the brief as timely must be sought by motion under Florida Rule of Appellate Procedure 9.300.
|
|
Docket Date |
2022-10-21
|
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 |
Brian Lewis Williamson
|
|
Docket Date |
2022-10-21
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Notice of Agreed Extension of Time ~ 30 days RB
|
On Behalf Of |
Brian Lewis Williamson
|
|
Docket Date |
2022-09-27
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief
|
On Behalf Of |
State of Florida
|
|
Docket Date |
2022-07-27
|
Type |
Order
|
Subtype |
Order on Agreed Extension of Time
|
Description |
Recognizing Agreed Extension of Time ~ Ab 60 days 9/26/22
|
|
Docket Date |
2022-07-27
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Notice of Agreed Extension of Time ~ 60 days- AB
|
On Behalf Of |
State of Florida
|
|
Docket Date |
2022-06-27
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
Brian Lewis Williamson
|
|
Docket Date |
2022-06-07
|
Type |
Record
|
Subtype |
Exhibits
|
Description |
Received Exhibits ~ 1 brown env. ( 2 CD/DVD's)
|
On Behalf Of |
John Crawford
|
|
Docket Date |
2022-05-27
|
Type |
Order
|
Subtype |
Order on Agreed Extension of Time
|
Description |
Recognizing Agreed Extension of Time ~ IB 30 days 6/27/22
|
|
Docket Date |
2022-05-26
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Notice of Agreed Extension of Time ~ 30 days- IB
|
On Behalf Of |
Brian Lewis Williamson
|
|
Docket Date |
2022-04-26
|
Type |
Record
|
Subtype |
Supplemental Record
|
Description |
Supplemental Records ~ 30 pages - Supplement 1
|
On Behalf Of |
John Crawford
|
|
Docket Date |
2022-04-25
|
Type |
Order
|
Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
Description |
Grant Suppl Rcd-Transmit/brf EOT ~ The Court grants Appellant’s motion filed April 20, 2022, seeking to supplement the record on appeal with a copy of the following exhibits entered into evidence at the March 30, 2021, hearing below: the transcript of the formal review hearing held on August 21, 2019; a copy of the DVD (recording of 911 call) obtained through discovery from the State; and a copy of the redacted DVD recording used during the trial held February 11, 2020. Counsel for movant shall ensure preparation and transmittal of the supplemental record by the clerk of the lower tribunal on or before May 9, 2022. The Court extends time for service of the initial brief to thirty days following transmittal of the supplemental record.
|
|
Docket Date |
2022-04-20
|
Type |
Motions Relating to Records
|
Subtype |
Motion to Supplement Record
|
Description |
Motion To File Supplemental Record ~ AND FOR EXTENSION OF TIME
|
On Behalf Of |
Brian Lewis Williamson
|
|
Docket Date |
2022-04-13
|
Type |
Misc. Events
|
Subtype |
Docketing Statement
|
Description |
Docketing Statement
|
On Behalf Of |
Brian Lewis Williamson
|
|
Docket Date |
2022-03-24
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
NF1:No Fee-3.850
|
|
Docket Date |
2022-03-24
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ 563 pages
|
On Behalf Of |
John Crawford
|
|
Docket Date |
2022-03-24
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Notice of Appeal / Acknowledgement letter ~ Notice of Appeal from the lower tribunal reflecting a filing date of February 16, 2022.
|
|
Docket Date |
2022-03-24
|
Type |
Notice
|
Subtype |
Notice of Appeal Transmittal Form
|
Description |
Notice of Appeal Transmittal Form
|
On Behalf Of |
John Crawford
|
|
|
JOHN MICHAEL KITE VS STATE OF FLORIDA
|
5D2023-0025
|
2021-11-09
|
Closed
|
|
Classification |
NOA Final - Circuit Criminal - Judgment and Sentence
|
Court |
5th District Court of Appeal
|
Originating Court |
Circuit Court for the Fourth Judicial Circuit, Nassau County
45-2020-CF-000421-AXYX
|
Parties
Name |
John Michael Kite
|
Role |
Appellant
|
Status |
Active
|
Representations |
Phyllis M. Wiley, Michael Jerome Titus, Candice Kaye Brower
|
|
Name |
STATE OF FLORIDA LLC
|
Role |
Appellee
|
Status |
Active
|
Representations |
Tallahassee Attorney General
|
|
Name |
Hon. James H. Daniel
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
JOHN CRAWFORD, INC
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2023-02-03
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2023-01-10
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed - Per Curiam Affirmed ~ PCA
|
|
Docket Date |
2023-01-09
|
Type |
Record
|
Subtype |
Exhibits
|
Description |
Received Exhibits ~ WALLET
|
|
Docket Date |
2023-01-03
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgement Letter 1
|
|
Docket Date |
2021-11-09
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
WW1:Waived-9.430
|
On Behalf Of |
John Crawford
|
|
Docket Date |
2022-09-28
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Deny Initial Brief Ext ~ The Court denies Appellant’s motion for extension of time docketed on September 1, 2022, for failure to set forth a case of emergency as required by this Court’s order of July 27, 2022. Appellant shall serve the initial brief within fifteen days. Failure to timely serve a pro se brief will result in this case being presented to the Court without benefit of a pro se brief.
|
|
Docket Date |
2022-09-01
|
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 |
John Michael Kite
|
|
Docket Date |
2022-07-27
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Grant Init Brf Ext-No Fur EOT Unless Extraord ~ Appellant's motion docketed June 30, 2022, for extension of time for service of the initial brief is granted. Appellant's brief shall be served on or before September 6, 2022. No further extensions will be granted except upon a showing of emergency circumstances.
|
|
Docket Date |
2022-06-30
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Mot. for Extension of time to file Initial Brief ~ and notice of change of address
|
On Behalf Of |
John Michael Kite
|
|
Docket Date |
2022-06-08
|
Type |
Order
|
Subtype |
Order
|
Description |
Pro Se After Anders-No State Brief ~ Appellant in proper person is granted 30 days from the date of this order to serve an initial brief. Failure to timely serve a pro se brief will result in this case being presented to the court without benefit of a pro se brief. Pending further order of this court, appellee shall not be required to serve an answer brief. If the panel of judges which considers the merits of this appeal finds that the record or briefs support any arguable claims, additional briefing will be ordered in accordance with In re Anders Briefs, 581 So. 2d 149 (Fla. 1991).
|
|
Docket Date |
2022-06-06
|
Type |
Motions Relating to Briefs
|
Subtype |
Motion To Allow Appellant to File Brief
|
Description |
Motion To Allow Appellant to File Brief
|
On Behalf Of |
John Michael Kite
|
|
Docket Date |
2022-06-06
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
John Michael Kite
|
|
Docket Date |
2022-05-09
|
Type |
Order
|
Subtype |
Order on Agreed Extension of Time
|
Description |
Recognizing Agreed Extension of Time ~ IB 30 days 6/5/22
|
|
Docket Date |
2022-05-06
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Notice of Agreed Extension of Time ~ 30 days- IB
|
On Behalf Of |
John Michael Kite
|
|
Docket Date |
2022-03-29
|
Type |
Order
|
Subtype |
Order on Agreed Extension of Time
|
Description |
Recognizing Agreed Extension of Time ~ IB 30 days 5/6/22
|
|
Docket Date |
2022-03-25
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Notice of Agreed Extension of Time ~ 30 days- IB
|
On Behalf Of |
John Michael Kite
|
|
Docket Date |
2022-02-04
|
Type |
Order
|
Subtype |
Order on Motion To Withdraw as Counsel
|
Description |
Grant Withdrawal of AA's PD with Remand ~ The Court grants the motion to withdraw filed on February 2, 2022, by the Office of the Public Defender, Second Judicial Circuit. The Court relinquishes jurisdiction to the lower tribunal for thirty days from the date of this order with directions to appoint substitute counsel to represent Appellant in this cause. At the end of the relinquishment period, jurisdiction will automatically revert to this Court.Copies of the order of appointment shall be provided to the Clerk of this Court, the Public Defender, Second Judicial Circuit, substitute counsel, the Attorney General of Florida, and the Appellant.Substitute counsel shall serve the initial brief within thirty days from the date of the order of appointment.
|
|
Docket Date |
2022-02-02
|
Type |
Motions Relating to Parties and Counsel
|
Subtype |
Motion To Withdraw as Counsel
|
Description |
Motion To Withdraw as Counsel
|
On Behalf Of |
John Michael Kite
|
|
Docket Date |
2022-01-28
|
Type |
Record
|
Subtype |
Exhibits
|
Description |
Received Exhibits ~ 1 Brown env. (1 CD/DVD)- 911 call ; (1 USB Flash Drive)- drive of gun shots
|
|
Docket Date |
2022-01-21
|
Type |
Misc. Events
|
Subtype |
Designation of Public Defender
|
Description |
Designation of Public Defender
|
On Behalf Of |
John Michael Kite
|
|
Docket Date |
2022-01-20
|
Type |
Record
|
Subtype |
Transcript
|
Description |
Transcript Received ~ 794 pages
|
On Behalf Of |
John Crawford
|
|
Docket Date |
2022-01-06
|
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
|
|
Docket Date |
2021-12-27
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Grant Ct Rptr Ext Record & Brief-Crim ~ The court reporter's motion docketed on December 13, 2021, is granted. Time for delivery of the transcript is extended to January 7, 2022. Time for service of the index to the record on appeal is extended to 10 days after delivery of the transcript, and time for service of the initial brief is extended to 30 days from service of the record. Additional briefs shall be served in accordance with Florida Rule of Appellate Procedure 9.210(f). Upon delivery of the transcripts to the lower court, the court reporter shall electronically file through the Florida Courts E-Filing Portal with this court a notice containing the date the transcripts were delivered to the lower tribunal clerk. Such notice must show service on all parties as well as the lower tribunal clerk.
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|
Docket Date |
2021-12-13
|
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
|
|
Docket Date |
2021-11-15
|
Type |
Misc. Events
|
Subtype |
Docketing Statement
|
Description |
Docketing Statement
|
On Behalf Of |
John Michael Kite
|
|
Docket Date |
2023-03-27
|
Type |
Record
|
Subtype |
Returned Records
|
Description |
Returned Records
|
|
Docket Date |
2022-12-30
|
Type |
Disposition by Order
|
Subtype |
Transferred
|
Description |
Transfer 4th Circuit Case to 5th DCA ~ Beginning January 1, 2023, the Fifth District Court of Appeal will have jurisdiction over matters originating in the Fourth Judicial Circuit. Ch. 22-163, Laws of Fla. By order of the Florida Supreme Court, effective January 1, 2023, the First District shall transfer to the Fifth District Court of Appeal any pending cases originating from the Fourth Judicial Circuit. In re: Implementation of a Sixth District Court of Appeal and Realignment of the Jurisdictional Boundaries of Other Appellate Districts, Fla. Admin. Order No. AOSC22-81 (November 1, 2022).The Court notifies all parties and any attorneys of record that this case will transfer to the Fifth District Court of Appeal, on January 1, 2023. No further order will issue to effectuate the transfer. This Court will accept filings in this case until 11:59:59 p.m. on December 31, 2022. After that date, all filings must be submitted to the Fifth District Court of Appeal via the Florida Courts E-Filing Portal or, if permitted to be filed in paper, to the Clerk’s Office, Fifth District Court of Appeal, 300 South Beach Street, Daytona Beach, Florida 32114.
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|
Docket Date |
2022-01-18
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Grant Ct Rptr Ext Rcd & Brief-No fur EOT-Crim ~ The court reporter's motion docketed on January 6, 2022, is granted. Time for delivery of the transcript is extended to January 14, 2022. Time for service of the index to the record on appeal is extended to 10 days after delivery of the transcript, and time for service of the initial brief is extended to 30 days from service of the record. Additional briefs shall be served in accordance with Florida Rule of Appellate Procedure 9.210(f). No further extensions will be granted for delivery of the transcripts except upon a showing of emergency circumstances. Upon delivery of the transcripts to the lower court, the court reporter shall electronically file through the Florida Courts E-Filing Portal with this court a notice containing the date the transcripts were delivered to the lower tribunal clerk. Such notice must show service on all parties as well as the lower tribunal clerk.
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|
Docket Date |
2021-11-09
|
Type |
Notice
|
Subtype |
Notice of Appeal Transmittal Form
|
Description |
Notice of Appeal Transmittal Form
|
On Behalf Of |
John Crawford
|
|
Docket Date |
2021-11-09
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Notice of Appeal / Acknowledgement letter ~ Notice of Appeal from the lower tribunal reflecting a filing date of November 9, 2021.
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|
|
ALEXANDRA MARIA CASIANO VS FLORENCE CASIANO
|
5D2023-0010
|
2021-09-09
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Other
|
Court |
5th District Court of Appeal
|
Originating Court |
Circuit Court for the Fourth Judicial Circuit, Nassau County
2019-CA-240
|
Parties
Name |
Alexandra Maria Casiano
|
Role |
Appellant
|
Status |
Active
|
Representations |
Jennifer L. Codding, Jay B. Watson, Starlett M. Massey, Rhonda B. Boggess
|
|
Name |
Florence Casiano
|
Role |
Appellee
|
Status |
Active
|
Representations |
Arthur I. Jacobs, Douglas A. Wyler, Richard J. Scholz
|
|
Name |
Hon. James H. Daniel
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
James H. Daniel
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
JOHN CRAWFORD, INC
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2023-09-19
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2023-09-19
|
Type |
Record
|
Subtype |
Returned Records
|
Description |
Returned Records ~ NO RECORD EFILED
|
|
Docket Date |
2023-08-31
|
Type |
Order
|
Subtype |
Order on Motion for Rehearing and Rehearing En Banc
|
Description |
Order Deny Motion for Rehearing / Rehearing En Banc
|
|
Docket Date |
2023-08-07
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ TO 7/24 MOTION
|
On Behalf Of |
Florence Casiano
|
|
Docket Date |
2023-07-24
|
Type |
Post-Disposition Motions
|
Subtype |
Motion for Rehearing
|
Description |
Motion For Rehearing/Interim Order ~ MOTION FOR REHEARING, REHEARING EN BANCAND/OR CLARIFICATION AND CERTIFICATION AS TO ORDERCONDITIONALLY GRANTING APPELLEE ATTORNEYS' FEES
|
On Behalf Of |
Alexandra Maria Casiano
|
|
Docket Date |
2023-07-10
|
Type |
Order
|
Subtype |
Order on Motion For Attorney's Fees
|
Description |
Grant Attorney Fees-Dissolution Proceeding ~ 9/16/21 MTS DENIED
|
|
Docket Date |
2023-07-07
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed - Authored Opinion
|
|
Docket Date |
2023-05-08
|
Type |
Notice
|
Subtype |
Notice of Oral Argument
|
Description |
NOTICE OF ORAL ARGUMENT
|
|
Docket Date |
2023-01-19
|
Type |
Notice
|
Subtype |
Notice
|
Description |
NOTICE OF PANEL ASSIGNMENT ~ AMENDED
|
|
Docket Date |
2023-01-11
|
Type |
Notice
|
Subtype |
Notice
|
Description |
NOTICE OF PANEL ASSIGNMENT
|
|
Docket Date |
2023-01-03
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgement Letter 1
|
|
Docket Date |
2022-12-30
|
Type |
Disposition by Order
|
Subtype |
Transferred
|
Description |
Transfer 4th Circuit Case to 5th DCA ~ Beginning January 1, 2023, the Fifth District Court of Appeal will have jurisdiction over matters originating in the Fourth Judicial Circuit. Ch. 22-163, Laws of Fla. By order of the Florida Supreme Court, effective January 1, 2023, the First District shall transfer to the Fifth District Court of Appeal any pending cases originating from the Fourth Judicial Circuit. In re: Implementation of a Sixth District Court of Appeal and Realignment of the Jurisdictional Boundaries of Other Appellate Districts, Fla. Admin. Order No. AOSC22-81 (November 1, 2022).The Court notifies all parties and any attorneys of record that this case will transfer to the Fifth District Court of Appeal, on January 1, 2023. No further order will issue to effectuate the transfer. This Court will accept filings in this case until 11:59:59 p.m. on December 31, 2022. After that date, all filings must be submitted to the Fifth District Court of Appeal via the Florida Courts E-Filing Portal or, if permitted to be filed in paper, to the Clerk’s Office, Fifth District Court of Appeal, 300 South Beach Street, Daytona Beach, Florida 32114.
|
|
Docket Date |
2022-10-11
|
Type |
Notice
|
Subtype |
Notice of Related Case or Issue
|
Description |
Notice of Related Case
|
On Behalf Of |
Alexandra Maria Casiano
|
|
Docket Date |
2022-10-06
|
Type |
Order
|
Subtype |
Order
|
Description |
OA Denied ~ Appellant's motion for oral argument docketed September 9, 2022, is denied.
|
|
Docket Date |
2022-09-09
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees
|
On Behalf Of |
Alexandra Maria Casiano
|
|
Docket Date |
2022-09-09
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Motion For Oral Argument
|
On Behalf Of |
Alexandra Maria Casiano
|
|
Docket Date |
2022-09-09
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant's Reply Brief
|
On Behalf Of |
Alexandra Maria Casiano
|
|
Docket Date |
2022-08-25
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ to motion for atty's fees
|
On Behalf Of |
Alexandra Maria Casiano
|
|
Docket Date |
2022-08-10
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief
|
On Behalf Of |
Florence Casiano
|
|
Docket Date |
2022-08-10
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees
|
On Behalf Of |
Florence Casiano
|
|
Docket Date |
2022-05-23
|
Type |
Order
|
Subtype |
Order on Agreed Extension of Time
|
Description |
Recognizing Agreed Extension of Time ~ AB 60 days 8/11/22
|
|
Docket Date |
2022-05-23
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Notice of Agreed Extension of Time ~ AB 60 days
|
On Behalf Of |
Florence Casiano
|
|
Docket Date |
2022-05-13
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
Alexandra Maria Casiano
|
|
Docket Date |
2022-04-25
|
Type |
Order
|
Subtype |
Order
|
Description |
Order Denying ~ The Court denies Appellant’s motion to relinquish jurisdiction, filed January 13, 2022.Appellant shall serve the initial brief within twenty days of the date of this order.
|
|
Docket Date |
2022-01-24
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ to 1/14 order
|
On Behalf Of |
Florence Casiano
|
|
Docket Date |
2022-01-14
|
Type |
Order
|
Subtype |
Order
|
Description |
SC Why Mot Should Not Be Granted ~ Appellee to show cause within 10 days from the date of this order why the motion to relinquish jurisdiction for purpose of ruling upon 1.540 motion, served on January 13, 2022, should not be granted.
|
|
Docket Date |
2022-01-13
|
Type |
Motions Other
|
Subtype |
Motion To Relinquish Jurisdiction
|
Description |
Motion To Relinquish Jurisdiction
|
On Behalf Of |
Alexandra Maria Casiano
|
|
Docket Date |
2021-12-01
|
Type |
Order
|
Subtype |
Order on Motion To Withdraw as Counsel
|
Description |
Grant Withdrawal of Appellant's Counsel ~ CORRECTED The Court grants the motion to withdraw as counsel for Appellant docketed November 8, 2021. Jay B. Watson, Esquire, and the firm Jay B. Watson, P.A. are permitted to withdraw as counsel for Appellant in this cause and shall have no further responsibility herein. Starlett M. Massey, Esquire of the firm Massey Law Group, P.A., and Rhonda B. Boggess, Esquire, of the firm Marks Gray, P.A., are Appellant's counsel of record.
|
|
Docket Date |
2021-11-18
|
Type |
Order
|
Subtype |
Order
|
Description |
Ct Defers Ruling of Mot to Merits Panel ~ The Court defers Appellee's motion to strike the notice of appeal as untimely, filed September 17, 2021, to a panel of judges considering the merits. This ruling constitutes a disposition of this motion for purposes of Florida Rule of Appellate Procedure 9.300(b).
|
|
Docket Date |
2021-11-08
|
Type |
Motions Relating to Parties and Counsel
|
Subtype |
Motion To Withdraw as Counsel
|
Description |
Motion To Withdraw as Counsel
|
On Behalf Of |
Alexandra Maria Casiano
|
|
Docket Date |
2021-11-03
|
Type |
Record
|
Subtype |
Transcript
|
Description |
Transcript Received ~ 231 pages
|
On Behalf Of |
John Crawford
|
|
Docket Date |
2021-11-02
|
Type |
Order
|
Subtype |
Order on Motion to Supplement Record
|
Description |
Grant Motion to Supplement the Record ~ The Court grants Appellant’s motion filed October 25, 2021, seeking to supplement the record on appeal with a copy of the transcript of the non-jury evidentiary partition trial proceedings held November 17, 2020. Counsel for movant shall ensure preparation and transmittal of the supplemental record by the clerk of the lower tribunal on or before November 16, 2021.
|
|
Docket Date |
2021-10-26
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ 1108 pages
|
On Behalf Of |
John Crawford
|
|
Docket Date |
2021-10-25
|
Type |
Motions Relating to Records
|
Subtype |
Motion to Supplement Record
|
Description |
Motion To File Supplemental Record
|
On Behalf Of |
Alexandra Maria Casiano
|
|
Docket Date |
2021-10-01
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ Motion to strike Notice of Appeal as Untimely
|
On Behalf Of |
Alexandra Maria Casiano
|
|
Docket Date |
2021-10-01
|
Type |
Misc. Events
|
Subtype |
Docketing Statement
|
Description |
Docketing Statement
|
On Behalf Of |
Alexandra Maria Casiano
|
|
Docket Date |
2021-10-01
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix ~ to Motion to strike Notice of Appeal as Untimely
|
On Behalf Of |
Alexandra Maria Casiano
|
|
Docket Date |
2021-09-22
|
Type |
Misc. Events
|
Subtype |
Miscellaneous Docket Entry
|
Description |
Acknowledgment of Service List ~ The notice filed by counsel for the Appellant on September 21, 2021, providing e-mail addresses, is acknowledged. However, in addition to filing such notice, counsel of record are responsible for ensuring their primary and/or secondary e-mail addresses under their profile in the Florida Courts E-Filing Portal and eDCA are consistent with the filed notice in order to receive e-mailed notification (Casemail) from the court. Profiles for eDCA users may be updated by clicking on the “My Profile” link and clicking the “Submit” button after making the desired changes.
|
|
Docket Date |
2021-09-21
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance ~ And Designation of E-mail Addresses
|
On Behalf Of |
Alexandra Maria Casiano
|
|
Docket Date |
2021-09-17
|
Type |
Motions Other
|
Subtype |
Motion To Strike
|
Description |
Motion To Strike ~ Notice of appeal as untimely; FOR MERIT PANEL CONSIDERATION- SEE 11/18/21 ORDER DEFERRING TO MERITS PANEL
|
On Behalf Of |
Florence Casiano
|
|
Docket Date |
2021-09-15
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
CASE FILING FEE PAID THROUGH PORTAL
|
On Behalf Of |
Alexandra Maria Casiano
|
|
Docket Date |
2021-09-15
|
Type |
Order
|
Subtype |
Filing Fee Due
|
Description |
Appeal-Pay Fee/Submit LT Ord of Insolv ($300) ~ Appellant has filed a notice of appeal in the lower tribunal without the entry of an order of insolvency or deposit of the statutory filing fee. Accordingly, Appellant shall, within 30 days from the date of this order, either file a certified copy of the lower tribunal's order of insolvency for appellate purposes as required by Florida Rule of Appellate Procedure 9.430 or pay to the clerk of this Court the sum of $300.00 as the appellate filing fee required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2018). If Appellant seeks a waiver of the filing fee on the grounds of indigency, Appellant shall file a motion and affidavit of indigency with the clerk of the lower tribunal (the court, agency, officer, board, commission, or body whose order is to be reviewed) for a determination by the lower tribunal of whether an order of insolvency should be issued pursuant to Rule 9.430 and Section 57.081(1) or 57.085(2), Florida Statutes (2018), as applicable.This appeal shall not proceed until the order of insolvency is filed or the fee is paid. Failure to comply with this order will result in the dismissal of this case without further opportunity to be heard. Florida Rule of Appellate Procedure 9.410.
|
|
Docket Date |
2021-09-10
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Notice of Appeal / Acknowledgement letter ~ Notice of Appeal from the lower tribunal reflecting a filing date of September 3, 2021.
|
|
Docket Date |
2021-09-09
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ orders appealed attached
|
On Behalf Of |
Alexandra Maria Casiano
|
|
Docket Date |
2021-09-09
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
|