Docket Date |
2020-02-19
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Type |
Order
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Subtype |
Article I, Section 16(b)(10)b., Fla. Const. Order
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Description |
Order Per Section 16(b)(10)b., Fla. Const. ~ 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 from the date of appeal in non-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 Order No. AOC19-76, this case was not completed within the time frame required by Article I, section 16(b)(10)b. The following circumstances contributed to the continuing review of this case and the time required for a final decision exceeding two years:The notice of appeal was filed November 18, 2016. In December 2016, this court granted the appellant’s motion to relinquish jurisdiction for the purpose of permitting the trial court to resolve the motions for restitution, costs of prosecution, and toxicology costs. Jurisdiction returned to this court in March 2017 and the case was dismissed after the appellant failed to pay the filing fee. Three months after reinstatement, in June 2017, this court issued an order to show cause why the appeal should not be dismissed for lack of prosecution in that the record on appeal had not been filed. The record was then transmitted to this court in September 2017.After the appellant had received 90 days of extensions of time to file the initial brief, the appellant moved to supplement the record in January 2018. The court reporter then received extensions of time to file the transcript up to and including April 11, 2018. After this court issued an order to show cause for lack of prosecution, the appellant moved for an extension of time and received an additional 30 days to file the initial brief; the initial brief was filed in September 2018. The answer brief was filed in November 2018, after receiving 40 days of extensions of time. After the time for filing the reply brief had passed, the appellant then moved for an extension of time to file the reply brief, which was granted, and the brief was filed January 2019. This court affirmed the judgment and sentence in February 2019 and the mandate was issued May 10, 2019.
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Docket Date |
2018-11-13
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Type |
Order
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Subtype |
Order on Agreed Extension of Time
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Description |
Recognizing Agreed Extension of Time ~ 10 DAYS TO 11/23/18.
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Docket Date |
2018-08-14
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Type |
Order
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Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
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Description |
ORD-Initial Brief to be Served ~ ORDERED that appellant's August 6, 2018 motion for extension of time is granted, and appellant shall serve the initial brief within thirty (30) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case will be subject to dismissal or the court in its discretion may impose other sanctions. Appellant is advised that no further extensions will be granted absent a detailed explanation for why the initial brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant.
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Docket Date |
2018-04-03
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Type |
Order
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Subtype |
Order
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Description |
Miscellaneous Order ~ ORDERED, upon consideration of Apex Reporting’s response to this court’s March 29, 2018 order, the court reporter shall complete the transcript in full and provide it to Apex Reporting by no later than 5:00 p.m. on April 10, 2018. Moreover, by no later than April 11, 2018, Apex Reporting shall file a notice in this court which will advise the court whether it received the transcript and whether it provided the transcript to the clerk of the lower tribunal. The court reporter is advised that: (1) no further extensions will be granted absent a showing of extraordinary circumstances which arise after the date of this order and a sworn affidavit which sets forth those circumstances in detail; and (2) the failure to complete the transcript is unacceptable and hinders the appellate process in this court. See In re Downtown Reporting, LLC, 146 So. 3d 91, 94-95 (Fla. 3d DCA 2014) (discussing that defendants have a due process right to have their appeals heard in a timely manner, and due process is denied by any substantial retardation of the appellate process, including an excessive delay in furnishing a transcript). Apex Reporting shall provide a copy of this order to the court reporter within two (2) days from the date of this order, and file a notice of compliance in this court which states that it provided a copy of this order to the court reporter.
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Docket Date |
2017-12-14
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Type |
Order
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Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
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Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's December 13, 2017 motion for extension of time is granted, and appellant shall serve the initial brief within thirty (30) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
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Docket Date |
2017-07-17
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Type |
Order
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Subtype |
Order to File Response
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Description |
ORD-To File Response ~ ORDERED that Apex Reporting is directed to file a response, within three (3) days from the date of this order, to appellant's July 12, 2017 motion for additional time to comply with record on appeal. In its response, Apex shall explain why it has not yet filed the acknowledgment from the court reporter.
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Docket Date |
2017-03-07
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Type |
Order
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Subtype |
Order re Stay
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Description |
Stay is lifted, case to proceed ~ Upon consideration of appellant's February 27, 2017 status report indicating that the pending motions were resolved on relinquishment, appellant is ORDERED to file, within five (5) days from the date of this order, a copy of the orders entered on relinquishment in accordance with this court's December 7, 2016 order. Further ORDERED that the stay is lifted and this appeal shall proceed; further,The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file a circuit court clerk's determination of indigency status in this court within five (5) days from the date of this order. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.If appellant has already been found indigent for purposes of proceedings in the lower tribunal, in this or any other criminal case and has remained incarcerated since that time, please file a copy of that order in this court. See Fla. R. App. P. 9.430(c)(1)(B).**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 circuit court clerk's determination of indigent status is filed.
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Docket Date |
2016-12-07
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Type |
Order
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Subtype |
Order on Motion to Relinquish Jurisdiction
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Description |
Order Granting Relinquishment of Jurisdiction ~ ORDERED that appellee's November 30, 2016 motion to relinquish jurisdiction is granted. Jurisdiction is relinquished for sixty (60) days to permit the trial court to resolve the motions for restitution, costs of prosecution, and toxicology costs. Fla. R. App. P. 9.600(b). Appellee shall forward to this court a copy of any order issued during relinquishment. The relinquishment period shall expire in sixty (60) days and the appeal is stayed until the expiration of relinquishment. If further time is needed beyond this relinquishment period, appellee shall request an extension of time by proper motion to this court. This case shall proceed in this court upon expiration of relinquishment unless otherwise notified in writing by the parties.
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Docket Date |
2016-11-29
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Type |
Order
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Subtype |
Order on Filing Fee
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Description |
ORD-Pay Filing Fee-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, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file a circuit court clerk's determination of indigency status in this court within ten (10) days from the date of this order. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.If appellant has already been found indigent for purposes of proceedings in the lower tribunal, in this or any other criminal case and has remained incarcerated since that time, please file a copy of that order in this court. See Fla. R. App. P. 9.430(c)(1)(B).**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 circuit court clerk's determination of indigent status is filed.
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Docket Date |
2018-11-15
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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 |
2018-11-13
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Type |
Notice
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Subtype |
Notice of Agreed Extension of Time - Answer Brief
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Description |
Notice of Agreed Extension - Answer Brief
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On Behalf Of |
State of Florida
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Docket Date |
2019-09-24
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Type |
Record
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Subtype |
Returned Exhibits
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Description |
Returned Exhibits
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Docket Date |
2019-05-10
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Type |
Mandate
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Subtype |
Mandate
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Description |
Mandate
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Docket Date |
2019-04-22
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Type |
Order
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Subtype |
Order on Motion for Rehearing En Banc
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Description |
Order Denying Rehearing En Banc ~ ORDERED that the appellant's March 8, 2019 motion for rehearing en banc and or written opinion is denied.
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Docket Date |
2019-04-22
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Type |
Misc. Events
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Subtype |
West Publishing
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Description |
West Publishing
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Docket Date |
2019-03-08
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Type |
Post-Disposition Motions
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Subtype |
Motion for Rehearing En Banc
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Description |
Motion For Rehearing EN BANC
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On Behalf Of |
Kevin Singh
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Docket Date |
2019-02-21
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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 |
2019-01-22
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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 |
Kevin Singh
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Docket Date |
2018-12-27
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Type |
Notice
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Subtype |
Notice of Supplemental Authority
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Description |
Notice of Supplemental Authority
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On Behalf Of |
State of Florida
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Docket Date |
2018-12-26
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Type |
Order
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Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
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Description |
Order Granting EOT for Appellant's Reply Brief ~ ORDERED that appellant's December 20, 2018 motion for extension of time to file reply brief is granted, and appellant shall serve the reply brief on or before January 21, 2019. In addition, if the reply brief is served after the time provided for in this order, it may be stricken. Counsel for appellant is reminded that requests for extension of time should be filed before the deadline to file the brief, not after.
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Docket Date |
2018-12-20
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Type |
Motions Extensions
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Subtype |
Motion for Extension of Time to Serve Reply Brief
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Description |
Mot. for Extension of Time to File Reply Brief
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On Behalf Of |
Kevin Singh
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Docket Date |
2018-10-12
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Type |
Order
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Subtype |
Order on Agreed Extension of Time
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Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 11/11/18.
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Docket Date |
2018-10-12
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Type |
Notice
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Subtype |
Notice of Agreed Extension of Time - Answer Brief
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Description |
Notice of Agreed Extension - Answer Brief
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On Behalf Of |
State of Florida
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Docket Date |
2018-09-17
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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 |
Kevin Singh
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Docket Date |
2018-08-06
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Type |
Order
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Subtype |
Show Cause
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Description |
Show Cause Lack of Prosecution, Initial Brief ~ ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, on or before August 16, 2018, why the above-styled case should not be dismissed for lack of timely prosecution, in that the appellant's initial brief has not been filed with this court as of this date. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief is filed within this time, the order to show cause will be considered automatically discharged without further order.
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Docket Date |
2018-08-06
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Type |
Motions Extensions
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Subtype |
Motion for Extension of Time to Serve Initial Brief
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Description |
Mot. for Extension of time to file Initial Brief ~ "MOTION FOR ADDITIONAL TIME TO COMPLY WITH RECORD ON APPEAL"
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On Behalf Of |
Kevin Singh
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Docket Date |
2018-04-23
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Type |
Record
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Subtype |
Transcript
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Description |
Transcript Received ~ (SUPPLEMENTAL RECORD PER 1/4/18 ORDER)(1557 PAGES)
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Docket Date |
2018-04-13
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Type |
Misc. Events
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Subtype |
Status Report
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Description |
Status Report
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Docket Date |
2018-04-11
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Type |
Misc. Events
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Subtype |
Status Report
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Description |
Status Report
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Docket Date |
2018-04-02
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Type |
Misc. Events
|
Subtype |
Status Report
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Description |
Status Report
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Docket Date |
2018-03-29
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Type |
Order
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Subtype |
Order to File Status Report
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Description |
Order for Status Report Re: ROA ~ Upon consideration of the Notice of Non-Receipt of Transcript filed by the clerk of the lower tribunal on March 27, 2018, Apex Reporting Group is ordered to file a report within three (3) days from the date of this order, as to the status of the preparation of the transcript.
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Docket Date |
2018-03-27
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Type |
Notice
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Subtype |
Notice
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Description |
Notice ~ OF NON-RECEIPT OF TRANSCRIPT.
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Docket Date |
2018-02-09
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Type |
Order
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Subtype |
Order on Motion for Extension of Time for Court Reporter
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Description |
Order Granting EOT for Court Reporter's Transcript ~ ORDERED that the request for an extension of time to file the transcript with the circuit court clerk is granted, and the time for preparation and service of the transcript is hereby extended to and including March 9, 2018, with the following restrictions. If the transcript is not filed by March 9, 2018, the court reporter will be ordered not to appear in any further proceedings until the transcript is complete. Pursuant to Fla. R. App. P. 9.600(a), this court authorizes the Chief Judge of the Seventeenth Judicial Circuit, or the Chief Judge’s designee, to render such orders as are necessary to implement this order, and to render such further orders as are necessary to secure completion of the transcript. The Chief Judge of the Seventeenth Judicial Circuit, or the Chief Judge’s designee, shall file in this court copies of any orders entered in connection with the completion of the transcript. The reporter shall file with this court a copy of the lower tribunal clerk's receipt of any transcript filed after the date of this order.
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Docket Date |
2018-02-07
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Type |
Motions Relating to Records
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Subtype |
Motion for Extension of Time for Court Reporter
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Description |
Mot for EOT to File Court Reporter Note
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Docket Date |
2018-01-24
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Type |
Order
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Subtype |
Order on Motion for Extension of Time for Court Reporter
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Description |
Order Granting EOT for Court Reporter's Transcript ~ ORDERED that the court reporter's request for an extension of time to file the transcript with the circuit court is granted, and the time for preparation and service of the transcript is extended to and including February 13, 2018. Attorneys shall notify this court of non-compliance; further,ORDERED that all other time frames pertaining to the filing of the record and briefs are extended accordingly. See Fla. R. App. P. 9.300(b) (record on appeal is due twenty (20) days after receipt of the transcript, appellant's initial brief shall be filed within thirty (30) days from service of the index to the record.).
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Docket Date |
2018-01-12
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Type |
Motions Relating to Records
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Subtype |
Motion for Extension of Time for Court Reporter
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Description |
Mot for EOT to File Court Reporter Note
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Docket Date |
2018-01-04
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Type |
Order
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Subtype |
Order to Transmit Record/Supplemental Record on Appeal
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Description |
Order to Supplement Record w/trans. & ext. brief ~ ORDERED that appellant's January 2, 2018 motion to supplement the record is granted. The material requested in the motion shall be included in the record on appeal. The court reporter shall have thirty (30) days from the date of this order in which to prepare the transcript. The clerk of the lower tribunal shall prepare and file the supplemental material in this court within ten (10) days from receipt of the transcript. Appellant shall monitor the supplementation process. Further,ORDERED that motion for extension of time is granted, and appellant shall serve the initial brief within thirty (30) days from receipt of the supplemental record.
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Docket Date |
2018-01-02
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Type |
Motions Relating to Records
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Subtype |
Motion to Supplement Record & EOT/Toll Briefing
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Description |
Motion Supplemental Record & Eot For Brief
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On Behalf Of |
Kevin Singh
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Docket Date |
2017-12-13
|
Type |
Motions Extensions
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Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Mot. for Extension of time to file Initial Brief
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On Behalf Of |
Kevin Singh
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Docket Date |
2017-11-13
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Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
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Description |
Order Granting EOT for Initial Brief ~ ORDERED that this court's order issued November 3, 2017 is discharged; further,ORDERED that appellant's November 8, 2017 motion for extension of time is granted, and appellant shall serve the initial brief within sixty (60) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
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Docket Date |
2017-11-08
|
Type |
Motions Extensions
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Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Mot. for Extension of time to file Initial Brief
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On Behalf Of |
Kevin Singh
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Docket Date |
2017-11-03
|
Type |
Order
|
Subtype |
Show Cause
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Description |
Show Cause Lack of Prosecution, Initial Brief ~ **DISCHARGED**ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, on or before November 13, 2017, why the above-styled case should not be dismissed for lack of timely prosecution, in that the appellant's initial brief has not been filed with this court as of this date. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief is filed within this time, the order to show cause will be considered automatically discharged without further order.
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Docket Date |
2017-09-26
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Type |
Record
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Subtype |
Exhibits
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Description |
Received Exhibits ~ 1 ENVELOPE.
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On Behalf Of |
Clerk - Broward
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Docket Date |
2017-09-25
|
Type |
Record
|
Subtype |
Record on Appeal
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Description |
Received Records ~ (2383 PAGES)
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Docket Date |
2017-03-07
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ OF FILING. (APPENDIX FILED SEPARATELY)
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On Behalf Of |
State of Florida
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Docket Date |
2017-02-27
|
Type |
Misc. Events
|
Subtype |
Status Report
|
Description |
Status Report
|
On Behalf Of |
State of Florida
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Docket Date |
2017-02-15
|
Type |
Order
|
Subtype |
Order to File Status Report
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Description |
Order to File Status Report ~ ORDERED that the appellee is directed to file a status report within ten (10) days from the date of this order regarding the progress of the relinquishment of jurisdiction.
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Docket Date |
2017-07-24
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Grant Extension of Time ~ ORDERED that appellant's July 12, 2017 motion for extension is granted and the time for filing the record on appeal is extended thirty (30) days from the date of this order.
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Docket Date |
2017-07-17
|
Type |
Response
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Subtype |
Response
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Description |
Response
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Docket Date |
2017-07-17
|
Type |
Misc. Events
|
Subtype |
Court Reporter Acknowledgement Letter
|
Description |
Court Reporter Acknowledgement Letter
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Docket Date |
2017-07-12
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time
|
Description |
Motion for Extension of Time ~ TO COMPLY WITH RECORD ON APPEAL.
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On Behalf Of |
Kevin Singh
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Docket Date |
2017-06-21
|
Type |
Order
|
Subtype |
Show Cause
|
Description |
Show Cause Lack of Prosecution, Record-on-Appeal ~ ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, on or before July 5, 2017, why the above-styled case should not be dismissed for lack of timely prosecution, in that the record-on-appeal has not been filed with this court as of this date. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the record-on-appeal is filed within this time, the order to show cause will be considered automatically discharged without further order.
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Docket Date |
2017-03-30
|
Type |
Order
|
Subtype |
Order on Motion for Reinstatement
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Description |
ORD-Reinstatement ~ ORDERED that the appellant's March 22, 2017 motion for reinstatement and waiver of filing fee is granted, and the above-styled appeal is reinstated.
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Docket Date |
2017-03-27
|
Type |
Misc. Events
|
Subtype |
Determination of Indigency/LT Order Insolvency
|
Description |
Determination of Indigent Status
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On Behalf Of |
Kevin Singh
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Docket Date |
2017-03-24
|
Type |
Misc. Events
|
Subtype |
Miscellaneous Trial Court Document
|
Description |
Misc. LT pleadings ~ MOTION FOR DETERMINATION OF INDIGENCY FOR COSTS. (THERE IS NO AFFIDAVIT ATTACHED AS STATED IN #2 OF THE MOTION)
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Docket Date |
2017-03-22
|
Type |
Post-Disposition Motions
|
Subtype |
Motion For Reinstatement
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Description |
Motion For Reinstatement ~ ORDER DECLARING DEFENDANT INDIGENT FOR DUE PROCESS COSTS ATTACHED.
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On Behalf Of |
Kevin Singh
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Docket Date |
2017-03-22
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Clerk ~ **REINSTATED**
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Docket Date |
2017-03-22
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
ORD-Sua Sponte Dismiss-No Filing Fee ~ **REINSTATED** ORDERED sua sponte that the above-styled appeal is dismissed for nonpayment of the $300.00 filing fee.
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Docket Date |
2017-03-07
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix ~ TO NOTICE OF FILING.
|
On Behalf Of |
State of Florida
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Docket Date |
2016-11-30
|
Type |
Motions Other
|
Subtype |
Motion To Relinquish Jurisdiction
|
Description |
Motion To Relinquish Jurisdiction
|
On Behalf Of |
State of Florida
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|
Docket Date |
2016-11-29
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
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Docket Date |
2016-11-28
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
Kevin Singh
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|
Docket Date |
2016-11-28
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
WV:Waived
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