|
Enrique Diaz, Petitioner(s), v. Ricky Dixon, etc., et al., Respondent(s).
|
3D2024-0956
|
2024-05-28
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Criminal - Habeas Corpus
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
F83-8906, F83-8907, F83-8908, F83-8909, F83-8910,
|
Parties
| Name |
ENRIQUE DIAZ INC.
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Dept. of Corrections Secretary
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Kristen Lonergan
|
|
| Name |
The State of Florida
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
David Llanes
|
|
| Name |
Hon. Teresa Pooler
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-11-14
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause
|
| On Behalf Of |
The State of Florida
|
| View |
View File
|
|
| Docket Date |
2024-11-14
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Response to Order to Show Cause
|
| On Behalf Of |
The State of Florida
|
| View |
View File
|
|
| Docket Date |
2024-11-01
|
| Type |
Notice
|
| Subtype |
Notice of Change of Address
|
| Description |
Notice of Change of Address
|
| On Behalf Of |
Enrique Diaz
|
| View |
View File
|
|
| Docket Date |
2024-10-28
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Motion for Extension of Time to Serve Answer Brief
|
| On Behalf Of |
The State of Florida
|
| View |
View File
|
|
| Docket Date |
2024-08-29
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Respondent State of Florida's Motion for Extension of Time to file response is hereby granted to and including October 29, 2024. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.
|
| View |
View File
|
|
| Docket Date |
2024-08-28
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
| On Behalf Of |
The State of Florida
|
| View |
View File
|
|
| Docket Date |
2024-08-21
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Pro se Petitioner's Motion for Extension of Time to file a reply to Respondent's response to the Petition for Writ of Habeas Corpus is hereby granted to and including thirty (30) days after the filing of the response. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.
|
| View |
View File
|
|
| Docket Date |
2024-08-19
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time
|
| On Behalf Of |
Enrique Diaz
|
| View |
View File
|
|
| Docket Date |
2024-07-08
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Respondent State of Florida's Motion for Extension of Time to file response is hereby granted to and including August 30, 2024. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.
|
| View |
View File
|
|
| Docket Date |
2024-07-01
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
| On Behalf Of |
The State of Florida
|
| View |
View File
|
|
| Docket Date |
2024-05-31
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
The State of Florida is ordered to file a response, within thirty (30) days from the date of this Order, to the Petition for Writ of Habeas Corpus. Further, a reply may be filed five (5) days thereafter.
|
| View |
View File
|
|
| Docket Date |
2024-05-28
|
| Type |
Event
|
| Subtype |
Fee Satisfied
|
| Description |
Fee Satisfied
|
|
| Docket Date |
2025-01-07
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2025-01-07
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2024-12-18
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Petition dismissed.
|
| View |
View File
|
|
| Docket Date |
2024-12-04
|
| Type |
Response
|
| Subtype |
Reply
|
| Description |
Reply to Response to Order to Show Cause
|
| On Behalf Of |
Enrique Diaz
|
| View |
View File
|
|
| Docket Date |
2024-10-28
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Respondent State of Florida's Motion for Extension of Time to file a response is hereby granted to and including November 28, 2024. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.
|
| View |
View File
|
|
| Docket Date |
2024-05-28
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-05-28
|
| Type |
Petition
|
| Subtype |
Petition Habeas Corpus
|
| Description |
Petition for Writ of Habeas Corpus Prior Cases: 20-0878, 16-0844, 13-2537, 13-0607, 13-2654, 13-2537,10-2497, 10-2779, 10-2265, 10-0001, 09-2979, 08-2531, 02-1613, 01-3337, 00-2310, 94-2784, 94-2432, 93-2257, 93-1628, 93-1128, 92-2164. 90-1706, 90-2540
|
| On Behalf Of |
Enrique Diaz
|
| View |
View File
|
|
|
|
Enrique Diaz, Petitioner(s) v. Secretary, Dept. of Corrections, Respondent(s)
|
SC2023-1601
|
2023-11-20
|
Closed
|
|
| Classification |
Original Proceedings - Writ - Habeas Corpus
|
| Court |
Supreme Court of Florida
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
131983CF0089070001XX; 131983CF0089080001XX;
|
Parties
| Name |
ENRIQUE DIAZ INC.
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Dept. of Corrections Secretary
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
General Counsel Department of Corrections
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-12-06
|
| Type |
Disposition
|
| Subtype |
Case Closed
|
| Description |
This case was improvidently set up and is hereby dismissed. The pleadings filed in this case have now been placed in SC2023-1489, Enrique Diaz v. Secretary, Dept. of Corrections.
|
| View |
View File
|
|
| Docket Date |
2023-11-21
|
| Type |
Letter-Case
|
| Subtype |
Acknowledgment Letter-New Case
|
| Description |
Acknowledgment Letter-New Case
|
| View |
View File
|
|
| Docket Date |
2023-11-21
|
| Type |
Event
|
| Subtype |
No Fee Required
|
| Description |
No Fee Required - Habeas Corpus
|
|
| Docket Date |
2023-11-20
|
| Type |
Petition
|
| Subtype |
Petition Filed
|
| Description |
Filed as "Petitioner's Motion for Court to Invoke its Habeas Corpus Jurisdiction," and Treated as a Petition for Writ of Habeas Corpus -- Placed in SC2023-1489
|
| On Behalf Of |
Enrique Diaz
|
|
|
|
Enrique Diaz, Petitioner(s) v. State of Florida, Respondent(s)
|
SC2023-1489
|
2023-10-27
|
Closed
|
|
| Classification |
Original Proceedings - Writ - Mandamus
|
| Court |
Supreme Court of Florida
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
131983CF0089070001XX; 131983CF0089080001XX;
|
Parties
| Name |
ENRIQUE DIAZ INC.
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
STATE OF FLORIDA LLC
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-01-25
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Petitioner's Response to Order to Show Cause
|
| On Behalf Of |
Enrique Diaz
|
| View |
View File
|
|
| Docket Date |
2024-01-12
|
| Type |
Order
|
| Subtype |
Extension of Time (Response/Reply)
|
| Description |
Petitioner's motion for extension of time is granted and Petitioner is allowed to and including February 12, 2024, in which to serve its response. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.
|
| View |
View File
|
|
| Docket Date |
2023-12-04
|
| Type |
Letter-Case
|
| Subtype |
Letter
|
| Description |
Letter -- Case SC2023-1601 closed as improvidently setup.
|
| View |
View File
|
|
| Docket Date |
2023-11-27
|
| Type |
Notice
|
| Subtype |
Inquiry
|
| Description |
Notice of Inquiry - Docket report mailed 11/28/2023.
|
| On Behalf Of |
Enrique Diaz
|
| View |
View File
|
|
| Docket Date |
2023-11-20
|
| Type |
Motion
|
| Subtype |
Other Substantive
|
| Description |
Petitioner's Motion for Court to Invoke Its Habeas Corpus Jurisdiction and Exercise Its Discretion to Expand Review to Encompass Underlying Merits
|
| On Behalf Of |
Enrique Diaz
|
| View |
View File
|
|
| Docket Date |
2023-10-30
|
| Type |
Letter-Case
|
| Subtype |
Acknowledgment Letter-New Case
|
| Description |
Acknowledgment Letter-New Case
|
| View |
View File
|
|
| Docket Date |
2023-10-30
|
| Type |
Event
|
| Subtype |
No Fee - Insolvent
|
| Description |
No Fee - Insolvent Below
|
|
| Docket Date |
2023-10-27
|
| Type |
Petition
|
| Subtype |
Petition Filed
|
| Description |
Petition for Writ of Mandamus
|
| On Behalf Of |
Enrique Diaz
|
| View |
View File
|
|
| Docket Date |
2024-02-21
|
| Type |
Order
|
| Subtype |
Sanctions
|
| Description |
The Court having retained jurisdiction to pursue possible sanctions and having directed the petitioner to show cause why the petition for writ of mandamus filed in this case should not be found frivolous pursuant to section 944.279, Florida Statutes, and having reviewed the response filed pursuant to this Court's order dated December 26, 2023, which denied said case, we find that the petition is a frivolous proceeding brought before this Court by a state prisoner.
IT IS FURTHER ORDERED AND ADJUDGED that, pursuant to section 944.279, Florida Statutes (2023), the clerk of court is hereby directed to forward a certified copy of this order; the Court's December 26, 2023, order denying the petition as repetitive, citing Topps v. State, 865 So. 2d 1253 (Fla. 2004); and the petition to the Florida Department of Corrections' institution or facility where the petitioner, Enrique Diaz, is incarcerated for the initiation of disciplinary proceedings in accordance with the department's rules for filing a frivolous pleading in this Court.
No motion for rehearing will be entertained by the Court.
|
| View |
View File
|
|
| Docket Date |
2024-01-11
|
| Type |
Motion
|
| Subtype |
Ext of Time (Response/Reply)
|
| Description |
Petitioner's Motion for Extension of Time
|
| On Behalf Of |
Enrique Diaz
|
| View |
View File
|
|
| Docket Date |
2023-12-26
|
| Type |
Disposition
|
| Subtype |
Denied (Repetitive Petition)
|
| Description |
The petition for writ of mandamus is hereby denied because Petitioner raises the same issue as in Diaz v. State, 2023 WL 6304792 (Fla. Sept. 28, 2023) (unpublished), in which the petition was denied. Cf. Topps v. State, 865 So. 2d 1253 (Fla. 2004). All pending motions are hereby denied. No motion for rehearing will be entertained.
The Court hereby retains jurisdiction to pursue any possible sanctions. See Fla. R. App. P. 9.410(a) (Sanctions; Court's Motion). Petitioner is hereby directed to show cause on or before January 10, 2024, why, pursuant to section 944.279(1), Florida Statutes (2023), a certified copy of the Court's findings should not be forwarded to the appropriate institution for disciplinary procedures pursuant to the rules of the Florida Department of Corrections as provided in section 944.09, Florida Statutes (2023).
|
| View |
View File
|
|
|
|
Enrique Diaz, et al., Petitioners, v. U.S. Bank, N.A., etc., et al., Respondents.
|
3D2023-1861
|
2023-10-18
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Mandamus
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
23-22916
|
Parties
| Name |
ENRIQUE DIAZ INC.
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Maria Diaz
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
U.S. Bank, N.A.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
AMERICAN SECURITY INSURANCE COMPANY
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Hon. Carlos Lopez
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-11-20
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-11-20
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp. w/o Mandate
|
|
| Docket Date |
2023-10-31
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
Upon consideration of the pro se Petition for Writ of Mandamus, it is ordered that said Petition is hereby denied.
LOGUE, C.J., and HENDON and GORDO, JJ., concur.
|
| View |
View File
|
|
| Docket Date |
2023-10-18
|
| Type |
Petition
|
| Subtype |
Petition Mandamus
|
| Description |
Petition for Writ of Mandamus
|
| On Behalf Of |
Enrique Diaz
|
| View |
View File
|
|
| Docket Date |
2023-10-18
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment of a New Case Letter.
|
| On Behalf Of |
Enrique Diaz
|
| View |
View File
|
|
| Docket Date |
2023-10-18
|
| Type |
Event
|
| Subtype |
Fee Satisfied
|
| Description |
Fee Satisfied
|
|
|
|
Enrique Diaz, Appellant(s) v. Florida Commission on Offender Review, Appellee(s).
|
1D2023-0855
|
2023-04-10
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Prisoner Litigation
|
| Court |
1st District Court of Appeal
|
| Originating Court |
Circuit Court for the Second Judicial Circuit, Leon County
2023-CA-0052
|
Parties
| Name |
ENRIQUE DIAZ INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Hon. James Lee Marsh
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Leon Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Florida Commission on Offender Review
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Rana M. Wallace, Mark J. Hiers
|
|
Docket Entries
| Docket Date |
2024-07-03
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-07-03
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2024-05-15
|
| Type |
Notice
|
| Subtype |
Notice of Change of Address
|
| Description |
Notice of Change of Address
|
| On Behalf Of |
Enrique Diaz
|
|
| Docket Date |
2024-02-15
|
| Type |
Order
|
| Subtype |
Order on Motion To Abate
|
| Description |
Order on Motion To Abate
|
| View |
View File
|
|
| Docket Date |
2024-02-02
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Motion to hold case in abeyance
|
| On Behalf Of |
Enrique Diaz
|
|
| Docket Date |
2023-10-26
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Reply Brief
|
| On Behalf Of |
Enrique Diaz
|
| View |
View File
|
|
| Docket Date |
2023-10-09
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order on Motion for Extension of Time to Serve Reply Brief
|
| View |
View File
|
|
| Docket Date |
2023-09-07
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Motion for Extension of Time to Serve Reply Brief and Motion to Supplement the Record on Appeal
|
| On Behalf Of |
Enrique Diaz
|
|
| Docket Date |
2023-08-21
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Answer Brief
|
| On Behalf Of |
Florida Commission on Offender Review
|
| View |
View File
|
|
| Docket Date |
2023-08-10
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order on Motion for Extension of Time to Serve Initial Brief
|
| View |
View File
|
|
| Docket Date |
2023-07-19
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief
|
| On Behalf Of |
Enrique Diaz
|
| View |
View File
|
|
| Docket Date |
2023-07-10
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
motion for leave to file brief
|
| On Behalf Of |
Enrique Diaz
|
|
| Docket Date |
2023-05-25
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal - 47 pages
|
|
| Docket Date |
2023-05-24
|
| Type |
Misc. Events
|
| Subtype |
Determination of Indigency/LT Order Insolvency
|
| Description |
Determination of Indigency/LT Order Insolvency
|
| On Behalf Of |
Leon Clerk
|
|
| Docket Date |
2023-05-23
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Filing
|
| View |
View File
|
|
| Docket Date |
2023-05-11
|
| Type |
Misc. Events
|
| Subtype |
Certificate of Service
|
| Description |
Certificate of Service
|
|
| Docket Date |
2023-05-11
|
| Type |
Notice
|
| Subtype |
Notice of Compliance
|
| Description |
Notice of alternative Compliance
|
| On Behalf Of |
Enrique Diaz
|
|
| Docket Date |
2023-05-02
|
| Type |
Order
|
| Subtype |
Order Directing Service of Filing
|
| Description |
Order Directing Service of Filing
|
| View |
View File
|
|
| Docket Date |
2023-04-27
|
| Type |
Misc. Events
|
| Subtype |
Docketing Statement
|
| Description |
Docketing Statement
|
| On Behalf Of |
Enrique Diaz
|
|
| Docket Date |
2023-04-27
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to 4/12 order
|
| On Behalf Of |
Enrique Diaz
|
| View |
View File
|
|
| Docket Date |
2023-04-12
|
| Type |
Letter
|
| Subtype |
Lower Tribunal/Acknowledgement letter
|
| Description |
Lower Tribunal/Acknowledgement letter
|
| View |
View File
|
|
| Docket Date |
2023-04-10
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal-Order appealed attached
|
| On Behalf Of |
Enrique Diaz
|
|
| Docket Date |
2024-06-05
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed
387 So. 3d 271
|
| View |
View File
|
|
| Docket Date |
2023-04-12
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order on Filing Fee
|
| View |
View File
|
|
|
