| Docket Date |
2023-04-18
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2023-04-18
|
| Type |
Record
|
| Subtype |
Returned Records
|
| Description |
Returned Records ~ NO RECORD EFILED
|
|
| Docket Date |
2023-03-29
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
Order Deny Rehearing ~ MOT FOR WRITTEN OPINION AND CERTIFICATION DENIED
|
|
| Docket Date |
2023-03-28
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ TO MOT FOR WRITTEN OPIN & CERTIFICATION
|
| On Behalf Of |
Department of Highway Safety and Motor Vehicles
|
|
| Docket Date |
2023-03-13
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing ~ FOR WRITTEN OPINION AND CERTIFICATION
|
| On Behalf Of |
Scott Miller
|
|
| Docket Date |
2023-02-28
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed ~ PCA
|
|
| Docket Date |
2023-02-17
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority ~ AMENDED
|
| On Behalf Of |
Scott Miller
|
|
| Docket Date |
2023-01-17
|
| Type |
Notice
|
| Subtype |
Notice of Oral Argument
|
| Description |
NOTICE OF ORAL ARGUMENT ~ AMENDED
|
|
| Docket Date |
2023-01-05
|
| Type |
Notice
|
| Subtype |
Notice of Oral Argument
|
| Description |
NOTICE OF ORAL ARGUMENT
|
| On Behalf Of |
Scott Miller
|
|
| Docket Date |
2023-01-05
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ AE'S OA PREFERENCE
|
| On Behalf Of |
Department of Highway Safety and Motor Vehicles
|
|
| Docket Date |
2023-01-04
|
| Type |
Response
|
| Subtype |
OA Preference Request
|
| Description |
ORAL ARGUMENT PREFERENCE REQUEST
|
|
| Docket Date |
2023-01-03
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgement Letter 1
|
|
| Docket Date |
2022-10-20
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Scott Miller
|
|
| Docket Date |
2022-10-20
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument ~ PT Susan Z. Cohen 515787
|
| On Behalf Of |
Scott Miller
|
|
| Docket Date |
2022-09-21
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Department of Highway Safety and Motor Vehicles
|
|
| Docket Date |
2022-09-07
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
Withdrawal and Appearance of Counsel ~ The notice of substitution of counsel docketed on September 6, 2022, is treated, in part, as a motion to withdraw under Florida Rule of Appellate Procedure 9.440, and is granted. See Fla. R. App. P. 9.010 (providing that appellate rules shall supersede all conflicting rules of procedure); see also Fla. R. Gen. Prac. & Jud. Admin. 2.130 (providing that appellate rules prevail to the extent they conflict with administration rules). Kathy A. Jimenez-Morales shall have no further responsibility in this case. Michael Lynch shall be treated as entering an appearance pursuant to Florida Rule of General Practice and Judicial Administration 2.505(e)(2) and is now counsel of record for Appellee.
|
|
| Docket Date |
2022-09-07
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Acknowledgment of Service List ~ The notice filed by counsel for the Appellee on September 6, 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 |
2022-09-06
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 159 pages
|
| On Behalf Of |
Jody Phillips
|
|
| Docket Date |
2022-09-06
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ of substitution of counsel & designation of email addresses
|
| On Behalf Of |
Department of Highway Safety and Motor Vehicles
|
|
| Docket Date |
2022-06-08
|
| Type |
Misc. Events
|
| Subtype |
Docketing Statement
|
| Description |
Docketing Statement
|
| On Behalf Of |
Scott Miller
|
|
| Docket Date |
2022-05-31
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
Withdrawal and Appearance of Counsel ~ The notice of appearance and substitution of counsel docketed on May 31, 2022, is treated, in part, as a motion to withdraw under Florida Rule of Appellate Procedure 9.440, and is granted. Kathy A. Jimenez is substituted as counsel of record for Florida Department of Highway Safety and Motor Vehicles. Mark L. Mason shall have no further responsibility in this case. See Fla. R. Gen. Prac. & Jud. Admin. 2.505(e)(4) (2021) (allowing for substitution of counsel via notice "when the substituting attorney is from the same law firm, company, or governmental agency as the replaced attorney").
|
|
| Docket Date |
2022-05-31
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Acknowledgment of Service List ~ The notice filed by counsel for the respondent on May 31, 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 |
2022-05-31
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ NOTICE OF SUBSTITUTION OF COUNSEL ANDDESIGNATION OF E-MAIL ADDRESSES
|
| On Behalf Of |
Department of Highway Safety and Motor Vehicles
|
|
| Docket Date |
2022-05-18
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Department of Highway Safety and Motor Vehicles
|
|
| Docket Date |
2022-05-18
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Acknowledgment of Service List ~ The notice filed by counsel for the Appellee on May 18, 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 |
2022-05-17
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Writ of Certiorari / Acknowledgement letter ~ The First District Court of Appeal has received the Petition/Application for Writ of Certiorari filed in this Court on May 16, 2022.
|
|
| Docket Date |
2022-05-16
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed
|
| On Behalf Of |
Scott Miller
|
|
| Docket Date |
2022-05-16
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-05-16
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ to petition
|
| On Behalf Of |
Scott Miller
|
|
| Docket Date |
2022-12-28
|
| 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 |
2022-08-23
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Order ~ The court recharacterizes this case as a direct appeal of a final order because the trial court did not render that order in its review capacity. See Fla. R. App. P. 9.030(b)(2)(B). The only issue before both the department and the trial court was purely a question of statutory interpretation: Are Miller’s prior DUI convictions the equivalent of his having been “convicted four times,” such that permanent revocation of his license is mandated by section 322.28(2)(d), Florida Statutes? No factual determination by the department was necessary, nor does one appear to be authorized by statute for such a revocation. In the absence of a quasi-judicial proceeding, the trial court’s order applying the statute did not constitute judicial review of agency action. Cf. Fla. Dep’t of Corr. v. Gould, 47 Fla. L. Weekly D1273 (Fla. 1st DCA June 10, 2022) (explaining that a district court “must consider qualitatively the underlying complaint to determine how to handle review of the trial court’s order,” and if the trial court did not have to review “a quasi-judicial administrative hearing,” review is by direct appeal); De Groot v. Sheffield, 95 So. 2d 912, 915 (Fla. 1957) (explaining that when an agency “arrive[s] at its decision after a full hearing pursuant to notice based on evidence submitted in accordance with the [applicable] statute,” the agency has exercised “a quasi-judicial function” that then is “subject to judicial review”); see generally City of Deerfield Beach v. Vaillant, 419 So. 2d 624 (Fla. 1982) (holding that where a trial court has conducted a full review of an administrative quasi-judicial proceeding that involved the taking of testimony and adjudication of facts, a district court reviews by certiorari the order resulting from that review).The department shall serve an answer brief within thirty days of the date of this order. Miller may serve a reply within thirty days of service of the answer brief.
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