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Date Docketed
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Description
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Filed By
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Notes
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11/15/2017
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Notice of Appeal Filed
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Shannon Hemmendinger 97947
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SENTENCE: LIFE
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11/15/2017
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Acknowledgment Letter
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Acknowledgment of new case with attachments.
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11/15/2017
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Notice of Transmittal--NOA
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Miami-Dade Clerk
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11/15/2017
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Notice of Appeal Filed
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Miami-Dade Clerk
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INCLUDES SETENCING INFORMATION
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11/15/2017
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Notice of Transmittal--NOA
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Miami-Dade Clerk
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12/28/2017
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Mot for Extension of Time to File Ct. Rpter Note
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Downtown Reporting
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12/29/2017
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Court Reporter Extension Granted (OG16)
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Upon request of the court reporting firm, it is ordered that the time for filing the transcribed notes is extended to and including February 13, 2018. The court reporting firm shall promptly notify the court reporter(s) of this order.
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01/10/2018
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Mot for Extension of Time to File Ct. Rpter Note
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Har-Mel Reporters
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01/12/2018
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Court Reporter Extension Granted (OG16)
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Upon request of Har-Mel Reporters, it is ordered that the time for filing the transcribed notes is extended to and including February 11, 2018. The court reporting firm shall promptly notify the court reporter(s) of this order.
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01/30/2018
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Mot for Extension of Time to File Ct. Rpter Note
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Downtown Reporting
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02/01/2018
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Court Reporter Extension Granted (OG16)
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Upon request of the court reporting firm, it is ordered that the time for filing the transcribed notes is extended to and including March 13, 2018. The court reporting firm shall promptly notify the court reporter(s) of this order.
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02/12/2018
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Mot for Extension of Time to File Ct. Rpter Note
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Har-Mel Reporters
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02/14/2018
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Court Reporter Extension Granted (OG16)
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Upon request of Har-Mel Reporters, it is ordered that the time for filing the transcribed notes is extended to and including March 11, 2018. The court reporting firm shall promptly notify the court reporter(s) of this order.
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03/05/2018
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Mot for Extension of Time to File Ct. Rpter Note
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Downtown Reporting
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03/07/2018
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Court Reporter Extension Granted (OG16)
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Upon request of the court reporting firm, it is ordered that the time for filing the transcribed notes is extended to and including April 13, 2018. The court reporting firm shall promptly notify the court reporter(s) of this order.
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03/12/2018
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Motion Extension of Time For Court Repte-Transc
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Har-Mel Reporters
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03/13/2018
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Court Reporter Extension Granted (OG16)
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Upon request of the court reporting firm, it is ordered that the time for filing the transcribed notes is extended to and including April 11, 2018. The court reporting firm shall promptly notify the court reporter(s) of this order.
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03/25/2018
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Mot for Extension of Time to File Ct. Rpter Note
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Downtown Reporting
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03/28/2018
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Court Reporter Ext. Granted/Ordered (OG16C)
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Upon request of the court reporting firm, it is ordered that the time for filing the transcribed notes is extended to and including May 15, 2018, with no further extensions allowed. Court reporters, Stephanie Wilson, Adalberto Carballo, Jocelaine Durosca, Isabel Gaulion, Monica Perez, Lucero Torres and Alejandria Johnson, and Downtown Reporting are ordered to file the transcribed notes no later than May 15, 2018. The court reporting firm shall promptly notify the court reporter(s) of this order, including the fact that no further extensions will be allowed.
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04/10/2018
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Mot for Extension of Time to File Ct. Rpter Note
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Har-Mel Reporters
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04/11/2018
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Court Reporter Ext. Granted/Ordered (OG16C)
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Upon request of the court reporting firm, it is ordered that the time for filing the transcribed notes is extended to and including May 11, 2018, with no further extensions allowed. Har-Mel Reporters is ordered to file the transcribed notes no later than May 11, 2018. The court reporting firm shall promptly notify the court reporter(s) of this order, including the fact that no further extensions will be allowed.
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05/16/2018
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Notice
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Miami-Dade Clerk
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NOTICE OF INABILITY TO COMPLETE RECORD ON APPEAL
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07/30/2018
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Record on Appeal
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Miami-Dade Clerk
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07/30/2018
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Transcripts
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Miami-Dade Clerk
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08/28/2018
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Notice of Agreed Extension of Time
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Shannon Hemmendinger 97947
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AGREED NOTICE OF EXTENSION OF TIME TO FILE INITIAL BRIEF OF APPELLANT
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08/28/2018
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Recognizing Agreed Extension of Time
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IB-60 days to 10/28/18
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10/26/2018
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Notice of Agreed Extension of Time
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Shannon Hemmendinger 97947
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AGREED NOTICE OF EXTENSION OF TIME TO FILE INITIAL BRIEF OF APPELLANT
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10/26/2018
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Recognizing Agreed Extension of Time
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IB-60 days to 12/27/18
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12/27/2018
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Mot. for Extension of time to file Initial Brief
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Shannon Hemmendinger 97947
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12/28/2018
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PD ordered to file brief certain date NFE (OG03C)
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Appellant's motion for an extension of time to file the initial brief is granted to and including thirty (30) days from the date of this order, with no further extensions allowed. Carlos J. Martinez, Public Defender, and Shannon Hemmendinger, Assistant Public Defender, are ordered to file appellant's brief no later than thirty (30) days from the date of this order.
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01/22/2019
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Miscellaneous Motion
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Shannon Hemmendinger 97947
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MOTION FOR RELIEF FROM ORDER AND FOR EXTENSION OF TIME TO FILE INITIAL BRIEF
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01/24/2019
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Miscellaneous Motion Granted (OG999)
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Shannon Hemmendinger, Assistant Public Defender’s motion for relief from the Court’s no further extensions order and extension of time to file the appellant’s initial brief is granted. Appellant’s initial brief is due February 26, 2019, with no further extensions allowed. If said brief is not timely filed in accordance with this order, the appeal will be subject to dismissal.
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02/26/2019
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Initial Brief on Merits
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Shannon Hemmendinger 97947
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02/26/2019
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Motion to Supplement the Record
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Shannon Hemmendinger 97947
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02/26/2019
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Request for Oral Argument
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Shannon Hemmendinger 97947
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APPLICATION FOR ORAL ARGUMENT
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02/27/2019
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Mot to Supplement Rec w/attachment Granted (OG13)
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Appellant’s February 26, 2019 motion to supplement the record is granted, and the record on appeal is supplemented to include the documents and transcripts which are attached to said motion.
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02/28/2019
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Motion to Supplement the Record
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Shannon Hemmendinger 97947
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03/20/2019
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Mot to Supplement Rec w/attachment Granted (OG13)
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Appellant’s February 28, 2019 second motion to supplement the record is granted, and the record on appeal is supplemented to include the transcripts which are attached to said motion.
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04/09/2019
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Mot. for Extension of time to file Answer Brief
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Michael W. Mervine 692131
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04/10/2019
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Clerk's notice granting eot (CLKEX)
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AB-60 days to 6/10/19
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05/22/2019
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Motion to Supplement the Record
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Shannon Hemmendinger 97947
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THIRD MOTION TO SUPPLEMENT THE RECORD ON APPEAL
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05/23/2019
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Mot to Supplement Rec w/attachment Granted (OG13)
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Appellant’s May 22, 2019 third motion to supplement the record is granted, and the record on appeal is supplemented to include the transcripts which are attached to said motion.
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06/07/2019
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Notice of Agreed Extension of Time
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Michael W. Mervine 692131
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AGREED NOTICE OF EXTENSION OF TIME TO SERVE ANSWER BRIEF
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06/10/2019
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Recognizing Agreed Extension of Time
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AB-60 days to 8/9/19
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08/09/2019
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Mot. for Extension of time to file Answer Brief
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Richard L. Polin 230987
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08/13/2019
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Extension granted to file answer brief NFE (OG04A)
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Appellee's motion for an extension of time to file the answer brief is granted to and including thirty (30) days from the date of this order, with no further extensions allowed. If said brief is not timely filed in accordance with this order, appellee(s) will be precluded from filing an answer brief and/or presenting oral argument to the court in this cause.
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08/30/2019
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Appellee's Answer Brief
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Richard L. Polin 230987
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09/24/2019
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Mot. for Extension of Time to File Reply Brief
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Shannon Hemmendinger 97947
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UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE REPLY BRIEF OF APPELLANT
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09/26/2019
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Extension granted to file reply brief (OG05)
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Appellant’s unopposed motion for an extension of time to file the reply brief is granted to and including October 13, 2019.
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10/14/2019
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Appellant's Reply Brief
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Shannon Hemmendinger 97947
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11/18/2019
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Order Denying ORAL ARGUMENT
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Upon consideration, the appellant’s request for oral argument is hereby denied.
FERNANDEZ, LOGUE an MILLER, JJ., concur.
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11/27/2019
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Affirmed - Per Curiam Affirmed
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12/05/2019
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Miscellaneous Motion
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Shannon Hemmendinger 97947
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APPELLANT'S MOTION FOR ISSUANCE OF WRITTEN OPINION
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12/09/2019
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MISCELLANEOUS ORDER (OR999)
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Upon consideration, Appellant’s Motion for Issuance of a Written Opinion is hereby denied.
FERNANDEZ, LOGUE and MILLER, JJ., concur.
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01/02/2020
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Mandate
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01/02/2020
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West Publishing
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02/14/2020
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Marcy's Law Order
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BY ORDER OF THE COURT:
In re: Article I, section 16(b)(10)b Time Limitations.
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 Administrative Order No. AOSC19-76, this case was not completed within the time frame required by Article I, section 16(b)(10)b. because:
1. Clerk of Lower Tribunal: 11/15/2017 - Notice of Appeal filed in this
Court.
2. Court Reporter: Extensions of time granted for filing transcripts until
7/30/2018.
3. Defendant or Defense Counsel: Agreed Extension of Time for filing
Initial Brief until 2/26/2019. Agreed Extension of Time to file Reply Brief
until 10/14/2019.
4. State or Counsel for the State: Agreed Extensions of Time for filing
Answer Brief until 8/30/2019.
5. Judicial: The decision was docketed on 11/27/2019, and the Mandate
issued on 1/2/2020. The case is now closed.
6. Other:
cc: RICHARD L. POLIN
HAR-MEL REPORTERS
LUCERO TORRES
STEPHANIE WILSON
OFFICE OF ATTORNEY
GENERAL
SHANNON HEMMENDINGER
ADALBERTO CARBALLO
ISABEL GAULION
MIAMI-DADE CLERK
PUBLIC DEFENDER
APPEALS
DOWNTOWN REPORTING
ALEJANDRIA JOHNSON
JOCELAINE DUROSCA
MONICA PEREZ
ts
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