|
Date Docketed
|
Description
|
Filed By
|
Notes
|
|
04/11/2018
|
Notice of Appeal Filed
|
Jason B. Gonzalez 0146854
|
|
|
04/11/2018
|
order appealed
|
|
|
|
04/11/2018
|
Notice of Appeal / Acknowledgement letter
|
|
|
|
04/12/2018
|
Amended Notice of Appeal
|
Gwen Marshall
|
|
|
04/12/2018
|
Amended Notice of Appeal
|
Jason B. Gonzalez 0146854
|
order appealed attached
|
|
04/16/2018
|
Docketing Statement
|
|
|
|
04/17/2018
|
Motion For Review
|
Amber Stoner Nunnally 109281
|
of order vacating automatic stay and request for expedited treatment
|
|
04/17/2018
|
Appendix
|
Amber Stoner Nunnally 109281
|
to motion for review of order vacating automatic stay and request for expedited treatment
|
|
04/17/2018
|
SC Why Mot Should Not Be Granted
|
|
On or before April 19, 2018, Appellee shall show cause why Appellant’s motion for review of order vacating automatic stay, filed April 17, 2018, should not be granted.
|
|
04/18/2018
|
Notice Non-Compliant Appendix
|
|
DISCHARGED
|
|
04/18/2018
|
Appendix
|
Amber Stoner Nunnally 109281
|
Amended apndx to motion for review of order vacating automatic stay and request for expedited treatment
|
|
04/18/2018
|
Notice of Appearance
|
Luke Lirot 714836
|
|
|
04/19/2018
|
Appendix
|
Luke Lirot 714836
|
to Response
|
|
04/19/2018
|
Notice of Filing
|
Luke Lirot 714836
|
and request for judicial notice (no cert of serv)
|
|
04/19/2018
|
RESPONSE
|
Luke Lirot 714836
|
to OSC
|
|
04/20/2018
|
AA/PT/AE/RS Srv Filing/File SuppCertServ 10dys
|
|
Appellee is directed to serve a copy of his notice of filing and request for judicial notice filed April 19, 2018, on the opposing parties, and file supplemental certificate of service within 10 days of this order which so demonstrates.
|
|
04/20/2018
|
NNCA - Discharge Show Cause
|
|
|
|
04/20/2018
|
Notice
|
Luke Lirot 714836
|
Supp Notice of Cert of Serv
|
|
05/01/2018
|
Order Granting
|
|
Upon consideration of Appellant’s motion for review filed April 17, 2018, we quash the trial court’s April 17, 2018, order vacating the automatic stay. The automatic stay is hereby reinstated and shall remain in effect pending the outcome of this appeal.
After this panel’s preliminary review of the full wording of the constitutional amendment we determine that Appellee did not sufficiently demonstrate a likelihood of success on the merits as required to justify vacating the automatic governmental stay. Mitchell v. State, 911 So. 2d 1211, 1219 (Fla. 2005). However, we do not intend to preclude full review of the issues on appeal by the merits panel.
|
|
05/04/2018
|
Motion (Other)
|
Luke Lirot 714836
|
for expedited review
|
|
05/07/2018
|
Notice
|
Jason B. Gonzalez 0146854
|
of unavailability
|
|
05/08/2018
|
Strike Notice of Unavailability as Unauth
|
|
The Court, on its own motion, strikes the appellant's notice of unavailability filed on May 7, 2018, as an unauthorized pleading.
|
|
05/11/2018
|
Order Granting
|
|
Appellee’s request for judicial notice filed April 19, 2018, is granted, and the Court takes judicial notice of the attached administrative motion.
|
|
05/14/2018
|
RESPONSE
|
Jason B. Gonzalez 0146854
|
in opposition to AE's motion for expedited review
|
|
05/14/2018
|
Appendix
|
Jason B. Gonzalez 0146854
|
to response in opposition to AE's motion for expedited review
|
|
05/16/2018
|
ORIGINAL PETITION
|
ORIGINAL PETITION
|
Invoke all Writs Jurisdiction w/Apndx filed directly w/ FL SC on 5/15/18
|
|
05/16/2018
|
Acknowledged Receipt from Supreme Court
|
ORIGINAL PETITION
|
|
|
05/25/2018
|
Supreme Court Disposition
|
ORIGINAL PETITION
|
Petition denied.
|
|
06/11/2018
|
Motion SUGGEST T/CERT. CAUSE T/SC
|
Luke Lirot 714836
|
|
|
06/11/2018
|
Appendix
|
|
to SUGGEST T/CERT. CAUSE T/SC
|
|
06/12/2018
|
Notice Non-Compliant Appendix
|
|
DISCHARGED
|
|
06/14/2018
|
Appendix
|
Luke Lirot 714836
|
amended
|
|
06/15/2018
|
NNCA - Discharge Show Cause
|
|
|
|
06/18/2018
|
Deny Motion (Other)
|
|
Appellee’s motion for expedited review filed on May 4, 2018, is denied.
|
|
06/18/2018
|
Mot. for Extension of time to file Initial Brief
|
Amber Stoner Nunnally 109281
|
|
|
06/18/2018
|
RESPONSE
|
Amber Stoner Nunnally 109281
|
in opposition to AE's Motion SUGGEST T/CERT. CAUSE T/SC
|
|
06/19/2018
|
Received Records
|
Gwen Marshall
|
796 pages
|
|
06/26/2018
|
Deny Certification of Cause to Supreme Ct
|
|
Appellee’s suggestion that the judgment be certified as requiring immediate resolution by the Florida Supreme Court filed on June 11, 2018, is denied.
|
|
07/06/2018
|
Grant Initial Brief Extension
|
|
Appellant’s motion for extension of time filed June 18, 2018, is granted. Appellant shall file the initial brief on or before August 20, 2018.
|
|
08/07/2018
|
Motion To File Supplemental Record
|
Amber Stoner Nunnally 109281
|
|
|
08/14/2018
|
Grant Motion to Supplement the Record
|
|
Appellant’s motion filed August 7, 2018, seeking to supplement the record on appeal is granted. On or before August 24, 2018, counsel for movant shall ensure preparation and transmittal of a supplemental record by the clerk of the lower tribunal including the Notice of Filing Deposition Transcript in Lieu of Testimony for Hearing; Depositions of Joseph R. Redner, Dustin Sulak, D.O., Alexander E. Sandorf, and Barry M. Gordon, M.D. filed below on December 15, 2017, and the Notice of Filing Deposition Transcript in Lieu of Testimony for Trial; Depositions of Dr. Barry Gordon, Joseph Redner, and Courtney Coppola filed below on March 16, 2018.
Time for service of the initial brief is extended to 30 days following transmittal of the supplemental record.
|
|
08/20/2018
|
Supplemental Records
|
Gwen Marshall
|
363 pages
|
|
09/20/2018
|
Notice of Appearance
|
Rachel E. Nordby 0056606
|
|
|
09/20/2018
|
Initial Brief on Merits
|
Rachel E. Nordby 0056606
|
|
|
10/19/2018
|
Appellee's Answer Brief
|
Luke Lirot 714836
|
|
|
10/23/2018
|
Motion For Oral Argument
|
Luke Lirot 714836
|
|
|
11/02/2018
|
Motion To Accept Timely Brief
|
Luke Lirot 714836
|
|
|
11/07/2018
|
Grant Motion to Accept Answer Brf as Timely
|
|
Appellee’s motion to accept timely brief, filed on November 2, 2018, is granted, and the answer brief filed on October 19, 2018, is hereby accepted by this Court.
A reply brief may be filed within 20 days of the date of this order.
|
|
11/27/2018
|
Appellant's Reply Brief
|
Jason B. Gonzalez 0146854
|
|
|
12/31/2018
|
OA Granted-Tallahassee
|
|
|
|
02/12/2019
|
Oral Argument Date Set
|
|
1DCAT
|
|
04/03/2019
|
Reversed - Per Curiam Opinion
|
|
Remand this cause to the trial court to enter judgment for the Department.
|
|
04/10/2019
|
Motion For Substitution of Counsel
|
Luke Lirot 714836
|
|
|
04/11/2019
|
Motion For Substitution of Counsel
|
Ari H. Gerstin 839671
|
|
|
04/12/2019
|
Deny Subst Counsel-No Written Consent
|
|
Stipulation for substitution of counsel filed April 10, 2019, is denied without prejudice to file a motion that complies with Florida Rule of Judicial Administration 2.505(e) by including written consent of the client.
|
|
04/16/2019
|
Notice of Appearance
|
Ari H. Gerstin 839671
|
|
|
04/16/2019
|
Motion for Extension of Time
|
Ari H. Gerstin 839671
|
to serve motions for rehearing, for rehearing en banc, and for certification
|
|
04/17/2019
|
Grant Substitution of Counsel
|
|
The motion filed April 11, 2019, for substitution of Kristen M. Fiore, Esquire, and Ari H. Gerstin, Esquire, for Luke Lirot, Esquire, as counsel of record for the appellee is granted.
|
|
04/23/2019
|
Grant Motion EOT for Rehearing
|
|
Appellee's motion filed April 16, 2019, for extension of time to file a motion for rehearing, rehearing en banc and certification is granted. Appellee's motion for rehearing shall be filed on or before May 02, 2019.
|
|
05/02/2019
|
Motion for Rehearing / Rehearing En Banc
|
Ari H. Gerstin 839671
|
or to certify a question of great public importance
|
|
05/17/2019
|
RESPONSE
|
Rachel E. Nordby 0056606
|
to AEs Motions for Rehearing, Rehearing En Banc, and Certification
|
|
05/28/2019
|
Deny Appellee's Motion for Rehearing
|
|
Appellee's motion filed May 02, 2019, for rehearing, or in the alternative, for rehearing en banc or to certify a question of great public importance is denied.
|
|
06/18/2019
|
Mandate
|
|
|
|
06/18/2019
|
West Publishing
|
|
|
|
06/26/2019
|
NOTICE OF DISCRETN. JURISDICTN
|
NOTICE OF DISCRETN. JURISDICTN
|
|
|
06/26/2019
|
Review Sent to Supreme Court
|
NOTICE OF DISCRETN. JURISDICTN
|
|
|
06/27/2019
|
Acknowledged Receipt from Supreme Court
|
NOTICE OF DISCRETN. JURISDICTN
|
|
|
11/22/2019
|
Supreme Court Disposition
|
NOTICE OF DISCRETN. JURISDICTN
|
petition for review is denied.
|
