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EARL EMANUEL, Appellant(s) v. STATE OF FLORIDA, Appellee(s).
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4D2024-1220
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2024-05-10
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Closed
|
|
| Classification |
NOA Final - Circuit Criminal - 3.850 Summary
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502009CF012491AXXX
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Parties
| Name |
EARL EMANUEL INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
STATE OF FLORIDA LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Palm Beach Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-11-25
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-11-25
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| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORDERED that Appellant's November 1, 2024 motions for rehearing and to recall mandate are denied.
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| View |
View File
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| Docket Date |
2024-11-01
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| Type |
Post-Disposition Motions
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| Subtype |
Motion for Rehearing
|
| Description |
Motion for Rehearing
|
|
| Docket Date |
2024-10-15
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| Type |
Mandate
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| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2024-10-15
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-09-26
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| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
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| Description |
Notice of Supplemental Authority
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| On Behalf Of |
Earl Emanuel
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|
| Docket Date |
2024-09-19
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| Type |
Disposition by Opinion
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| Subtype |
Affirmed
|
| Description |
Affirmed
|
| View |
View File
|
|
| Docket Date |
2024-05-14
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| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-05-14
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| Type |
Record
|
| Subtype |
Record on Appeal Redacted
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| Description |
Record on Appeal Redacted
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|
| Docket Date |
2024-05-14
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| Type |
Notice
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| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal
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EARL EMANUEL VS STATE OF FLORIDA
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4D2022-0857
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2022-03-28
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Closed
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| Classification |
NOA Final - Circuit Civil - Other
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| Court |
4th District Court of Appeal
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| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502021CA012766
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Parties
| Name |
EARL EMANUEL INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
STATE OF FLORIDA LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Luke Robert Napodano, Attorney General-W.P.B.
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|
| Name |
Hon. Gerard Joseph Curley
|
| Role |
Judge/Judicial Officer
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| Status |
Active
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|
| Name |
Clerk - Palm Beach
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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Docket Entries
| Docket Date |
2022-11-07
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| Type |
Post-Disposition Motions
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| Subtype |
Motion for Rehearing
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| Description |
Motion For Rehearing ~ CLARIFICATION, CERTIFICATION, OR ISSUANCE OF A WRITTEN OPINION
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| On Behalf Of |
Earl Emanuel
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| Docket Date |
2022-12-23
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| Type |
Mandate
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| Subtype |
Mandate
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| Description |
Mandate
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| Docket Date |
2022-12-06
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| Type |
Order
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| Subtype |
Order on Motion for Rehearing
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| Description |
ORD-Denying Rehearing ~ ORDERED that appellant's November 7, 2022 motion for rehearing, clarification, certification or written opinion is denied.
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| Docket Date |
2022-12-06
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| Type |
Misc. Events
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| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2022-11-29
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| Type |
Order
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| Subtype |
Order Vacating/Withdrawing Order
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| Description |
Order Vacated ~ ORDERED that this court's November 29, 2022 order is vacated as issued in error.
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| Docket Date |
2022-06-10
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| Type |
Brief
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| Subtype |
Reply Brief
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| Description |
Appellant's Reply Brief
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| On Behalf Of |
Earl Emanuel
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| Docket Date |
2022-05-18
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| Type |
Brief
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| Subtype |
Answer Brief
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| Description |
Appellee's Answer Brief
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| On Behalf Of |
State of Florida
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|
| Docket Date |
2022-05-09
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| Type |
Record
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| Subtype |
Appendix
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| Description |
Appendix to Brief
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| On Behalf Of |
Earl Emanuel
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| Docket Date |
2022-05-09
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| Type |
Brief
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| Subtype |
Initial Brief
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| Description |
Initial Brief on Merits
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| On Behalf Of |
Earl Emanuel
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| Docket Date |
2022-04-08
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| Type |
Response
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| Subtype |
Response
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| Description |
Response
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| On Behalf Of |
Earl Emanuel
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| Docket Date |
2022-03-31
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter ~ AMENDED
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| Docket Date |
2022-03-29
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter
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|
| Docket Date |
2022-03-28
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| Type |
Notice
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| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal Filed
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| On Behalf Of |
Earl Emanuel
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| Docket Date |
2022-03-28
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| Type |
Misc. Events
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| Subtype |
Fee Status
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| Description |
WV:Waived
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| Docket Date |
2022-10-20
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| Type |
Disposition by Opinion
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| Subtype |
Affirmed
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| Description |
Affirmed - Per Curiam Affirmed
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| Docket Date |
2022-03-31
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| Type |
Order
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| Subtype |
Amended/Additional Filing(s) Needed
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| Description |
Appellant to File Order Appealed-Civil ~ ORDERED that appellant is directed to file, within fifteen (15) days from the date of this order, a conformed copy of the order being appealed. See Fla. R. App. P. 9.110(d). This copy must contain a legible stamp from the clerk of the lower tribunal, showing the date and time the order being appealed was filed in that office.
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EARL EMANUEL VS STATE OF FLORIDA
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4D2021-1862
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2021-06-11
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Closed
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| Classification |
Original Proceedings - Circuit Criminal - Mandamus
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| Court |
4th District Court of Appeal
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| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502009CF012491AXXXMB
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Parties
| Name |
EARL EMANUEL INC.
|
| Role |
Appellant
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| Status |
Active
|
|
| Name |
STATE OF FLORIDA LLC
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| Role |
Appellee
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| Status |
Active
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| Representations |
Attorney General-W.P.B., Luke Robert Napodano
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|
| Name |
Clerk - Palm Beach
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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Docket Entries
| Docket Date |
2021-09-29
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| Type |
Disposition by Order
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| Subtype |
Denied
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| Description |
Order Denying Petition for Writ - Mandamus ~ ORDERED that the July 22, 2021 petition for writ of mandamus is denied. As to the petitioner’s request for jury selection transcripts, our denial is with prejudice because the petitioner is not entitled to have the transcripts prepared free of charge. See Patterson v. State, 264 So. 3d 315 (Fla. 2d DCA 2019); Milner v. State, 196 So. 3d 569 (Fla. 4th DCA 2016). As to the petitioner’s request for Child Protection Team interview transcripts and the private investigator’s records, our denial is without prejudice to the petitioner’s right to request these records from any public official who may be in possession of them and to seek mandamus relief in the circuit court if necessary. CONNER, C.J., MAY and ARTAU, JJ., concur.
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| Docket Date |
2021-09-29
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| Type |
Disposition
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| Subtype |
Denied
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| Description |
Denied - Order by Judge
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| Docket Date |
2021-09-24
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| Type |
Record
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| Subtype |
Appendix
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| Description |
Appendix ~ (SUPPLEMENTAL)
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| On Behalf Of |
Earl Emanuel
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| Docket Date |
2021-08-23
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| Type |
Order
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| Subtype |
Order to File (Supplemental) Appendix
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| Description |
Order Requiring Supplemental Appendix ~ ORDERED that within thirty (30) days from the date of this order, the petitioner shall file a supplemental appendix containing his motion for transcripts, any responses to the motion, and the circuit court’s order denying the motion.
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| Docket Date |
2021-07-26
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| Type |
Misc. Events
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| Subtype |
Affidavit
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| Description |
Affidavit ~ PS Earl Emanuel B12256
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| On Behalf Of |
Earl Emanuel
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| Docket Date |
2021-07-22
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| Type |
Record
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| Subtype |
Appendix to Petition
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| Description |
Appendix to Petition
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| On Behalf Of |
Earl Emanuel
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| Docket Date |
2021-07-22
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| Type |
Petition
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| Subtype |
Petition Mandamus
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| Description |
Petition Mandamus
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| On Behalf Of |
Earl Emanuel
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| Docket Date |
2021-06-29
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| Description |
ORD-Pay Filing Fee - pro se criminal appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes, is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. If you have already been found indigent for purposes of proceedings in the lower tribunal, in this case, please file a copy of that order in this court.If you do not have an order or a determination of indigent status and believe that you are insolvent, complete the enclosed application and mail to the clerk of the lower tribunal within thirty (30) days from the date of this order. A Notice of Compliance that you have applied for indigent status must also be filed with this court. The clerk of the lower tribunal shall forward the Clerk's Determination to this court within ten (10) days of receipt. Failure of appellant to comply with this order will result in the dismissal of this appeal.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a lower tribunal clerk's determination of indigent status is filed.
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| Docket Date |
2021-06-22
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| Type |
Response
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| Subtype |
Response
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| Description |
Response
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| On Behalf Of |
State of Florida
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|
| Docket Date |
2021-06-21
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| Type |
Brief
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| Subtype |
Jurisdictional Brief
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| Description |
Jurisdictional Brief
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| On Behalf Of |
Earl Emanuel
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| Docket Date |
2021-06-14
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| Type |
Notice
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| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal Filed
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| On Behalf Of |
Earl Emanuel
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| Docket Date |
2021-06-11
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| Type |
Misc. Events
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| Subtype |
Fee Status
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| Description |
WV:Waived
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| Docket Date |
2021-06-11
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| Type |
Notice
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| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
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| On Behalf Of |
Earl Emanuel
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| Docket Date |
2021-06-11
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter
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|
| Docket Date |
2021-06-11
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| Type |
Order
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| Subtype |
Order to File Response re Jurisdiction
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| Description |
AA - File Statement for Basis of Jurisdiction ~ ORDERED that, within ten (10) days from the date of this order, appellant shall file in this court a brief statement explaining the basis for this court's subject matter jurisdiction over the order appealed in this case, citing supporting legal authorities. Appellant shall specifically address how the May 18, 2021 order denying defendant's motion for transcript at state's expense is an appealable final order pursuant to Florida Rule of Appellate Procedure 9.141; further,Appellee may file a response within ten (10) days of service of that statement.
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EARL EMANUEL VS STATE OF FLORIDA
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SC2020-1201
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2020-08-14
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Closed
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| Classification |
Discretionary Review - Notice to Invoke - Direct Conflict of Decisions
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| Court |
Supreme Court of Florida
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| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
4D19-3497
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502009CF012491AXXXMB
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Parties
| Name |
EARL EMANUEL INC.
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| Role |
Petitioner
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| Status |
Active
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|
| Name |
STATE OF FLORIDA LLC
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| Role |
Respondent
|
| Status |
Active
|
| Representations |
Celia Terenzio
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|
| Name |
Hon. Joseph George Marx
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| Role |
Judge/Judicial Officer
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| Status |
Active
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|
| Name |
Sharon Repak Bock
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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Docket Entries
| Docket Date |
2020-08-17
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| Type |
Event
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| Subtype |
No Fee Required
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| Description |
No Fee Required ~ 9.141 Summary Appeal
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| Docket Date |
2020-08-17
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| Type |
Disposition
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| Subtype |
Rev/Appeal Dism No Juris Omnibus
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| Description |
DISP-REV/APPEAL DISM NO JURIS OMNIBUS ~ This case is hereby dismissed. This Court lacks jurisdiction to review an unelaborated decision from a district court of appeal that is issued without opinion or explanation or that merely cites to an authority that is not a case pending review in, or reversed or quashed by, this Court. See Wheeler v. State, No. SC19-1916 (Fla. June 11, 2020); Wells v. State, 132 So. 3d 1110 (Fla. 2014); Jackson v. State, 926 So. 2d 1262 (Fla. 2006); Gandy v. State, 846 So. 2d 1141 (Fla. 2003); Stallworth v. Moore, 827 So. 2d 974 (Fla. 2002); Harrison v. Hyster Co., 515 So. 2d 1279 (Fla. 1987); Dodi Publ'g Co. v. Editorial Am. S.A., 385 So. 2d 1369 (Fla. 1980); Jenkins v. State, 385 So. 2d 1356 (Fla. 1980). No motion for rehearing or reinstatement will be entertained by the Court.
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| Docket Date |
2020-08-14
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| Type |
Misc. Events
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| Subtype |
Fee Status
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| Description |
NF:No Fee Required
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| Docket Date |
2020-08-14
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| Type |
Notice
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| Subtype |
Invoke Discretionary Jurisdiction
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| Description |
NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT)
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| On Behalf Of |
Earl Emanuel
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EARL EMANUEL VS STATE OF FLORIDA
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4D2019-3497
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2019-11-13
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Closed
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|
| Classification |
NOA Final - Circuit Criminal - 3.850 Summary
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502009CF012491AXXXMB
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Parties
| Name |
EARL EMANUEL INC.
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| Role |
Appellant
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| Status |
Active
|
|
| Name |
STATE OF FLORIDA LLC
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| Role |
Appellee
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| Status |
Active
|
| Representations |
Marc Brandon Hernandez, Attorney General-W.P.B.
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|
| Name |
Hon. Joseph George Marx
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| Role |
Judge/Judicial Officer
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| Status |
Active
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|
| Name |
Clerk - Palm Beach
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| Role |
Lower Tribunal Clerk
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| Status |
Active
|
|
| Name |
FLORIDA SUPREME COURT CLERK
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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Docket Entries
| Docket Date |
2020-08-17
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| Type |
Supreme Court
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| Subtype |
Supreme Court Miscellaneous
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| Description |
Supreme Court Disposition ~ SC20-1201 DISMISSED
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| Docket Date |
2020-08-14
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| Type |
Supreme Court
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| Subtype |
Notice to Invok. Disc. Jur. FSC
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| Description |
Notice of Discretionary Jurisdiction to Supreme Court
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| On Behalf Of |
Earl Emanuel
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| Docket Date |
2020-08-14
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| Type |
Notice
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| Subtype |
Notice
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| Description |
Notice sent to the Supreme Court
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| Docket Date |
2020-08-11
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| Type |
Order
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| Subtype |
Article I, Section 16(b)(10)b., Fla. Const. Order - Time Expired
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| Description |
Order Per Section 16(b)(10)b., Fla. Const. - Time Expired ~ Article I, section 16(b)(10)b. of the Florida Constitution provides that all state-level appeals and collateral attacks on any judgment must be complete within two years of the date of appeal in non-capital cases and five years from the date of appeal in capital cases unless a court enters an order with specific findings as to why the court was unable to comply and the circumstances causing the delay. Pursuant to the administrative procedures and definitions set forth in Supreme Court of Florida Administrative Order No. AOSC19-76, this case was not completed within the time frame required by Article I, section 16(b)(10)b. because the applicable time frame had already expired by the time this case was filed. Therefore, the Court is required to issue this order. The parties to this case are advised that no further action is necessary, and this case is completed and no further filings will be entertained.
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| Docket Date |
2020-07-31
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| Type |
Mandate
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| Subtype |
Mandate
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| Description |
Mandate
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|
| Docket Date |
2020-07-10
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| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
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| Description |
ORD-Denying Rehearing ~ ORDERED that appellant's June 18, 2020 “motion for rehearing, clarification, certification, issuance of a written opinion, or citations of authority” is denied.
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| Docket Date |
2020-07-10
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| Type |
Misc. Events
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| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2020-06-18
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| Type |
Post-Disposition Motions
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| Subtype |
Motion for Rehearing
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| Description |
Motion For Rehearing
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| On Behalf Of |
Earl Emanuel
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| Docket Date |
2020-06-04
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| Type |
Disposition by Opinion
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| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
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|
| Docket Date |
2020-04-30
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| Type |
Response
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| Subtype |
Reply to Response
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| Description |
Reply to Response
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| On Behalf Of |
Earl Emanuel
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|
| Docket Date |
2020-04-14
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| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2020-03-25
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| Type |
Order
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| Subtype |
Order to File Response
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| Description |
ORD-Appellee File Response-3.850 ~ ORDERED that appellee, the State of Florida, shall file a response within twenty (20) days and show cause why the trial court's order denying appellant's Florida Rule of Criminal Procedure 3.850 motion should not be remanded to the trial court either for an evidentiary hearing or for the attachment of records conclusively refuting the claim(s); further,ORDERED that appellant may reply within twenty (20) days of service of the response.
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| Docket Date |
2020-02-24
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| Type |
Brief
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| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Earl Emanuel
|
|
| Docket Date |
2020-01-24
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's January 23, 2020 motion for extension of time is granted in part. Appellant may serve the initial brief within thirty (30) days from the current due date.
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| Docket Date |
2020-01-23
|
| 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 |
Earl Emanuel
|
|
| Docket Date |
2019-12-02
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's November 27, 2019 motion for extension of time is granted, and appellant shall serve the initial brief on or before January 25, 2020.
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|
| Docket Date |
2019-11-27
|
| 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 |
Earl Emanuel
|
|
| Docket Date |
2019-11-14
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2019-11-13
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Earl Emanuel
|
|
| Docket Date |
2019-11-13
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Summary Record
|
|
| Docket Date |
2019-11-13
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NF1:No Fee-3.850
|
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