| Docket Date |
2017-06-02
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| Type |
Mandate
|
| Subtype |
Mandate Issued
|
| Description |
MANDATE
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|
| Docket Date |
2017-06-01
|
| Type |
Miscellaneous Document
|
| Subtype |
Publish Full
|
| Description |
PUBLISH FULL
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|
| Docket Date |
2017-05-11
|
| Type |
Disposition
|
| Subtype |
Quashed & Remanded
|
| Description |
DISP-QUASHED & REMANDED ~ FSC-OPINION: In sum, Petitioners, as well as all individuals subject to Baker Act hearings, have a right to have a judicial officer physically present at their Baker Act commitment hearing, subject only to their consent to the contrary. Likewise, a judicial officer's physical presence over such hearings is a constituent component of his or her ministerial duty to preside over a trial or evidentiary hearing. Individuals subject to Baker Act commitment proceedings are individuals who likely have a serious mental illness, and they are among the State's most vulnerable citizens. The language in the Baker Act reflects the Legislature's acknowledgment that these individuals are entitled to heightened consideration regarding the manner in which the hearing will be conducted. See § 394.467(6)(a), Fla. Stat. Such heightened consideration rightfully includes the physical presence of judicial officers in the hearing room. Accordingly, the decision of the Second District below in Doe is quashed and the proceedings are remanded to the Second District for instructions not inconsistent with this opinion. It is so ordered.
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| View |
View File
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| Docket Date |
2017-02-07
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| Type |
Event
|
| Subtype |
Oral Argument Held
|
| Description |
ORAL ARGUMENT HELD
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|
| Docket Date |
2017-02-07
|
| Type |
Order
|
| Subtype |
Stay Proceedings Below
|
| Description |
ORDER-STAY PROCEEDINGS BELOW GR ~ This Court, having heard oral argument, hereby vacates its earlier order denying Petitioner's motion to stay, and hereby stays the proceedings in the Second District Court of Appeal and in the Circuit Court of the Twentieth Judicial Circuit in and for Lee County, Florida, with an opinion from this Court to follow.
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|
| Docket Date |
2017-02-01
|
| Type |
Notice
|
| Subtype |
Supplemental Authority
|
| Description |
NOTICE-SUPPLEMENTAL AUTHORITY ~ FILED AS "NOTICE OF SUPPLEMENTAL AUTHORITY"
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|
| Docket Date |
2016-12-29
|
| Type |
Brief
|
| Subtype |
Amicus Curiae Answer
|
| Description |
AMICUS CURIAE ANSWER BRIEF-MERITS ~ AMICUS BRIEF OF THE CHIEF JUDGE OF THE FIFTEENTH JUDICIAL CIRCUIT IN SUPPORT OF THE RESPONDENT
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|
| Docket Date |
2016-12-12
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| Type |
Brief
|
| Subtype |
Amicus Curiae Initial
|
| Description |
AMICUS CURIAE INITIAL BRIEF-MERITS
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|
| Docket Date |
2016-12-08
|
| Type |
Order
|
| Subtype |
Amicus Curiae
|
| Description |
ORDER-AMICUS CURIAE GR ~ The motion for leave to file brief as amicus curiae filed by the Chief Judge of the Fifteenth Judicial Circuit is hereby granted and they are allowed to file brief only in support of respondents. The brief by the above referenced amicus curiae shall be served on or before December 29, 2016.
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|
| Docket Date |
2016-12-07
|
| Type |
Motion
|
| Subtype |
Amicus Curiae
|
| Description |
MOTION-AMICUS CURIAE ~ FILED AS THE CHIEF JUDGE OF THE FIFTEENTH JUDICIAL CIRCUIT'S MOTION FOR LEAVE TO FILE AMICUS BRIEFIN SUPPORT OF RESPONDENT
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| View |
View File
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|
| Docket Date |
2016-12-05
|
| Type |
Brief
|
| Subtype |
Reply-Merit
|
| Description |
REPLY BRIEF-MERITS
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|
| Docket Date |
2016-12-02
|
| Type |
Order
|
| Subtype |
Stay Proceedings Below
|
| Description |
ORDER-STAY PROCEEDINGS BELOW DY ~ Petitioner's "Motion for Review of Denial of Stay and Renewed Application for Constitutional Stay Writ" filed in the above styled cause is hereby denied. *Vacated 2/07/2017*
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|
| Docket Date |
2016-11-28
|
| Type |
Motion
|
| Subtype |
Stay (Proceedings Below)
|
| Description |
MOTION-STAY (PROCEEDINGS BELOW)
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| View |
View File
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|
| Docket Date |
2016-11-28
|
| Type |
Order
|
| Subtype |
District Court of Appeal
|
| Description |
ORDER-DISTRICT COURT OF APPEAL ~ 11/23/16 Order
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|
| Docket Date |
2016-11-28
|
| Type |
Brief
|
| Subtype |
Answer-Merit
|
| Description |
ANSWER BRIEF-MERITS
|
| On Behalf Of |
State of Florida
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|
| Docket Date |
2016-11-23
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| Type |
Order
|
| Subtype |
District Court of Appeal
|
| Description |
ORDER-DISTRICT COURT OF APPEAL ~ DATED 11/21/2016
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|
| Docket Date |
2016-11-22
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| Type |
Order
|
| Subtype |
Amicus Curiae
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| Description |
ORDER-AMICUS CURIAE GR ~ The motion for leave to file brief as amicus curiae filed by Disability Rights Florida, Inc., is hereby granted and they are allowed to file brief only in support of petitioners.The motion for extension of time filed by the above referenced amicus curiae is granted and said amicus curiae is allowed to and including December 12, 2016, in which to file the amicus curiae brief on the merits. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED FOR THE FILING OF THE ABOVE REFERENCED AMICUS CURIAE BRIEF ON THE MERITS.
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| Docket Date |
2016-11-21
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| Type |
Motion
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| Subtype |
Amicus Curiae
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| Description |
MOTION-AMICUS CURIAE ~ MOTION OF DISABILITY RIGHTS FLORIDA, INC. TO APPEAR AS AMICUS CURIAE IN SUPPORT OF PETITIONERS (includes motion-ext time)
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| View |
View File
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| Docket Date |
2016-11-17
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| Type |
Order
|
| Subtype |
Stay Proceedings (Transfer)
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| Description |
ORDER-STAY PROCEEDINGS (TRANSFER) ~ Petitioner has submitted an "Application for Constitutional Stay Writ" which this Court has treated as a motion to stay or recall the mandate in Second District Court of Appeal Case No. 2D16-1328. The motion is hereby transferred to the Second District Court of Appeal pursuant to Florida Rule of Appellate Procedure 9.310, which requires that "a party seeking to stay a final order or non-final order pending review shall file a motion in the lower tribunal." Corrected 11/17/16 to reflect panel.
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|
| Docket Date |
2016-11-15
|
| Type |
Brief
|
| Subtype |
Initial-Merit
|
| Description |
INITIAL BRIEF-MERITS
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|
| Docket Date |
2016-11-15
|
| Type |
Motion
|
| Subtype |
Stay (Proceedings Below)
|
| Description |
MOTION-STAY (PROCEEDINGS BELOW) ~ Filed as APPLICATION FOR CONSTITUTIONAL STAY WRIT
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| View |
View File
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|
| Docket Date |
2016-11-15
|
| Type |
Notice
|
| Subtype |
Appearance
|
| Description |
NOTICE-APPEARANCE
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2016-11-09
|
| Type |
Record
|
| Subtype |
Record/Transcript
|
| Description |
RECORD/TRANSCRIPT ~ I Volume, Electronically filed, SEALED
|
| On Behalf Of |
Hon. Mary Beth Kuenzel
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|
| Docket Date |
2016-10-31
|
| Type |
Notice
|
| Subtype |
Appearance
|
| Description |
NOTICE-APPEARANCE
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|
| Docket Date |
2016-10-27
|
| Type |
Order
|
| Subtype |
OA & Brief Sched/Juris Accepted
|
| Description |
ORDER-OA&BRIEF SCHED/JURIS ACCEPTED ~ The Court accepts jurisdiction of the above consolidated cases.Petitioners' brief on the merits shall be filed on or before November 16, 2016; respondent's brief on the merits shall be filed on or before November 28, 2016; and petitioners' reply brief on the merits shall be filed on or before December 5, 2016.The Clerk of the Second District Court of Appeal may provide the record in the format as currently maintained at the district court, either paper or electronic. If the record is in electronic format, the Clerk should file the record, which must be properly indexed and paginated, on or before November 11, 2016, but no later than December 12, 2016. If the record is in paper format, the Clerk must file the indexed and paginated record on or before December 12, 2016. This Court has determined that this should be given expedited consideration. The policy of this Court is that NO EXTENSIONS OF TIME SHALL BE GRANTED. Motions which would cause delay of this matter should only be filed in extreme circumstances. The Court will hear oral argument at 9:00 a.m., February 7, 2017. A maximum of twenty minutes to the side as consolidated is allowed for the argument, but counsel is expected to use only so much of that time as is necessary. NO CONTINUANCES WILL BE GRANTED EXCEPT UPON A SHOWING OF EXTREME HARDSHIP.
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|
| Docket Date |
2016-10-19
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
NOTICE
|
| On Behalf Of |
C.Y.
|
|
| Docket Date |
2016-10-17
|
| Type |
Order
|
| Subtype |
Consolidation
|
| Description |
ORDER-CONSOLIDATION ~ The above cases are hereby consolidated, on the Court's own motion, for all appellate purposes.From this date forward, all documents pertaining to the above consolidated cases should be filed electronically through the Florida Courts E-Filing Portal using case number SC16-1852 only.
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|
| Docket Date |
2016-10-17
|
| Type |
Event
|
| Subtype |
No Fee Required
|
| Description |
No Fee Required ~ NOT REQUIRED
|
|
| Docket Date |
2016-10-17
|
| Type |
Letter-Case
|
| Subtype |
Acknowledgment Letter-New Case
|
| Description |
ACKNOWLEDGMENT LETTER-NEW CASE
|
|
| Docket Date |
2016-10-14
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NF:No Fee Required
|
|
| Docket Date |
2016-10-14
|
| Type |
Notice
|
| Subtype |
Invoke Discretionary Jurisdiction
|
| Description |
NOTICE-DISCRETIONARY JURIS (CERT GPI)
|
| On Behalf Of |
C.Y.
|
| View |
View File
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