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Date Docketed Description Date Due Filed By Notes
05/02/2018 Notice of Appeal Filed Joel Michael Silvershein 0608092
05/02/2018 Acknowledgment Letter
05/03/2018 Motion To Expedite Dana J. Mcelroy 0845906 *AND* CONSOLIDATE
05/03/2018 ORD-Granting Expediting ORDERED that appellees' May 3, 2018 motion to consolidate appeals and for expedited consideration is granted. Case numbers 4D18-1335 and 4D18-1336 are now consolidated and shall proceed under case number 4D18-1335. The parties shall submit an agreed proposed order setting an expedited briefing schedule by 12:00 p.m. on May 4, 2018. The proposed briefing schedule shall indicate whether appellants will file joint or separate briefs.
05/04/2018 Notice of Filing Dana J. Mcelroy 0845906 AGREED PROPOSED ORDER
05/04/2018 Motion To Expedite Dana J. Mcelroy 0845906 PREPARATION OF THE RECORD
05/04/2018 ORD-Setting Briefing Schedule ORDERED that the parties' joint proposed briefing schedule submitted on May 4, 2018 is accepted. Further ORDERED that appellees' May 4, 2018 motion to expedite preparation of the record is granted. The clerk of the lower tribunal and the parties shall abide by the following briefing schedule: a) The Broward County Clerk of Court shall ensure preparation and transmittal of the record on appeal within 7 calendar days of this Order; b) Appellants’ initial briefs shall be filed no later than 10 calendar days after the record on appeal is prepared and transmitted; c) Appellees’ answer brief shall be filed no later than 10 calendar days after both of initial briefs are filed; and d) Appellants' reply briefs shall be filed no later than 7 calendar days after the answer brief is filed. Appellants will file separate briefs. Further ORDERED that no extensions of time will be granted absent extraordinary circumstances. Further ORDERED that Florida Rule of Judicial Administration 2.514(b) does not apply to this briefing schedule. No extra days will be added to the briefing schedule for service by mail or e-mail. Rule 2.514(a) continues to apply.
05/10/2018 Received Records Clerk Broward CC01 (538 PAGES)
05/14/2018 Order to Show Cause Upon consideration of appellant The School Board of Broward County's May 10, 2018 notice of related case, it is ORDERED sua sponte that appellant School Board of Broward County shall show cause in writing, on or before Wednesday, May 16, 2018, why case numbers 4D18-1335 and 4D18-1421 should not be consolidated, and to indicate whether the cases should be consolidated for all purposes or for designation to the same appellate panel and why. If consolidation for all purposes is appropriate, the appellant shall indicate whether briefing should be combined or kept separate and provide a briefing schedule. Appellees in both 4D18-1421 and consolidated case number 4D18-1335 may file a reply on or before Thursday, May 17, 2018.
05/14/2018 Motion To File Supplemental Record Dana J. Mcelroy 0845906
05/14/2018 Motion To Compel Debra Klauber 0055646
05/15/2018 Order Granting Motion to Supplement the Record ORDERED that appellees' May 14, 2018 motion to supplement the record is granted. Appellees shall file an appendix with this Court containing the materials referenced in this Motion within one (1) day of the entry of this order.
05/15/2018 ORD-Granting Motion to Compel ORDERED that appellant, the School Board of Broward County's May 14, 2018 Unopposed Motion for an Order Compelling Video Surveillance to be Filed Under Seal is granted. The Broward County Sheriff's Office ("BSO") shall file the video surveillance that was reviewed by the trial court, in camera, in this Court, under seal, within seven (7) days from the date of this order. The BSO shall designate a single point of contact to communicate with the Clerk of the Court, Lonn Weissblum, to arrange for the hand-delivery and return of the video, and shall file a notice in this court within two (2) days from the date of this order designating the single point of contact and providing the telephone number for the designated point of contact.
05/15/2018 Notice of Filing Dana J. Mcelroy 0845906 APPENDIX SUPPLEMENTING RECORD ON APPEAL
05/15/2018 Supplemental Records Dana J. Mcelroy 0845906 (APPENDIX SUPPLEMENTING RECORD ON APPEAL)
05/16/2018 Received Exhibits ONE (1) ENVELOPE - THREE (3) DVDS: REDACTED EXTERIOR MSD 3/15/18; WSVN NEWS BROADCAST 2/22/18; WSVN NEWS BROADCAST 2/23/18
05/16/2018 RESPONSE TO ORDER TO SHOW CAUSE Debra Klauber 0055646
05/16/2018 REPLY Dana J. Mcelroy 0845906
05/17/2018 Notice David L. Ferguson 0981737 OF DESIGNATION
05/17/2018 REPLY Joel Michael Silvershein 0608092
05/18/2018 Miscellaneous Order Upon consideration of the parties’ responses to this court’s May 14, 2018 order to show cause, it is ORDERED that case number 4D18-1421 shall proceed separately from case number 4D18-1335 and will not be consolidated. Case number 4D18-1335 shall remain consolidated with case number 4D18-1336 and will follow the briefing schedule pursuant to this court’s May 4, 2018 order.
05/21/2018 Initial Brief on Merits Debra Klauber 0055646 (SCHOOL BOARD OF BROWARD COUNTY)
05/21/2018 Initial Brief on Merits Joel Michael Silvershein 0608092 (STATE ATTORNEY'S OFFICE OF THE SEVENTEENTH JUDICIAL CIRCUIT)
05/22/2018 Received Exhibits **SEALED PER MAY 15, 2018 ORDER** ONE (1) ENVELOPE - (1 USB DRIVE)
05/23/2018 Notice David L. Ferguson 0981737 OF COMPLIANCE WITH COURT ORDER DATED MAY 14, 2018
05/31/2018 Appellee's Answer Brief Dana J. Mcelroy 0845906
05/31/2018 Motion For Attorney's Fees Dana J. Mcelroy 0845906 (RESPONSE FILED 6/07/18)
06/07/2018 Appellant's Reply Brief Debra Klauber 0055646 (SCHOOL BOARD OF BROWARD COUNTY)
06/07/2018 Request for Oral Argument
06/07/2018 RESPONSE Debra Klauber 0055646 APPELLANT, SCHOOL BOARD OF BROWARD COUNTY'S RESPONSE TO MOTION FOR ATTORNEYS' FEES
06/08/2018 Appellant's Reply Brief Joel Michael Silvershein 0608092 (STATE ATTORNEY'S OFFICE OF THE SEVENTEENTH JUDICIAL CIRCUIT OF FLORIDA)
06/11/2018 ORD-Setting Oral Argument This case is set for Oral Argument on July 10, 2018, at 11:00 A.M. for 15 minutes per side. The parties are advised that the oral argument will occur at the new Fourth District Court of Appeal Courthouse at 110 S. Tamarind Avenue, West Palm Beach, FL 33401. The court calendars can be viewed on this court's website at  HYPERLINK "http://www.4dca.org" www.4dca.org. Attorneys not registered with this court’s eDCA and pro se parties are required to file a "Notice of Receipt of Oral Argument" within ten (10) days from the date of this order, acknowledging they have received this order.
07/03/2018 Miscellaneous Motion Debra Klauber 0055646 SCHOOL BOARD'S REQUEST FOR ADDITIONAL TIME FOR ORAL ARGUMENT
07/05/2018 Miscellaneous Order ORDERED that the School Board of Broward County's July 3, 2018 request for additional time for oral argument is granted. The school board and the state attorney's office shall each receive 15 minutes for oral argument, and the appellees shall receive 30 minutes for oral argument.
07/10/2018 Oral Argument Date Set 4DCA
07/23/2018 ORD-Granting Consolidation ORDERED, on the Court’s own motion, that case numbers 4D18-1335 and 4D18-1421 are consolidated for purposes of resolution by the same panel.
07/25/2018 Affirmed - Authored Opinion
07/25/2018 Miscellaneous Order ORDERED that, pursuant to this Court’s July 25, 2018 opinion, by no later than 3:00 p.m. on Wednesday, July 25, 2018, the Broward Sheriff’s Office (“BSO”) shall contact the Marshal of this Court, Daniel DiGiacomo, to arrange for the retrieval of the video footage which is the subject of this appeal such that BSO retrieves it by no later than 3:00 p.m. on Thursday, July 26, 2018. BSO shall designate a single point of contact to communicate with Marshal DiGiacomo, and shall file in this court a notice designating the single point of contact and providing the telephone number for the designated point of contact. No motion for rehearing from this order will be entertained.
07/25/2018 Notice Seth David Haimovitch 0085939 OF DESIGNATION
07/26/2018 Mandate ***WITHDRAWN - SEE 7/27/18 ORDER***
07/26/2018 Motion to recall mandate Joel Michael Silvershein 0608092
07/26/2018 Request for Emergency Treatment Joel Michael Silvershein 0608092
07/26/2018 Ord-Denying Recall of Mandate ORDERED that the appellant's July 26, 2018 emergency motion to recall mandate and stay order is denied.
07/26/2018 Request for Emergency Treatment Debra Klauber 0055646
07/26/2018 Motion to recall mandate Debra Klauber 0055646
07/27/2018 ORD-To Recall Mandate ORDERED that appellant, School Board of Broward County's July 26, 2018 Emergency Motion to Recall Mandate, Emergency Motion to Stay Release of Video to Allow Appeal to Florida Supreme Court and Motion for Certification is granted in part. The mandate issued July 26, 2018 is withdrawn. The order compelling the production of the video is stayed for ten (10) days to permit appellants to seek review in the Florida Supreme Court. The court will issue a more complete order addressing the request for certification as an issue of great public importance later today.
07/27/2018 ORD-Appellee to File Response ORDERED that appellees are directed to file a response, on or before Monday, July 30, 2018 at 4:00 PM, to appellant, School Board of Broward County's July 26, 2018 request for certification as an issue of great public importance found in the "Emergency Motion to Recall Mandate, Emergency Motion to Stay Release of Video to Allow Appeal to Florida Supreme Court and Motion for Certification."
07/27/2018 Notice of Discretionary Jurisdiction to Supreme Court Joel Michael Silvershein 0608092
07/27/2018 Notice sent to the Supreme Court
07/30/2018 Ack. Receipt from Supreme Court SC18-1227 ("CORRECTED")
07/30/2018 Misc. Supreme Court Order SC18-1227 (CASE STAYED) ("CORRECTED")
07/30/2018 Misc. Supreme Court Order SC18-1227 (CASE STAYED) ("SECOND CORRECTED")
07/30/2018 RESPONSE Dana J. Mcelroy 0845906 IN OPPOSITION TO SCHOOL BOARD'S MOTION TO CERTIFY QUESTION OF GREAT PUBLIC IMPORTANCE
08/03/2018 - Non-dispositive Authored Opinion ON MOTION TO CERTIFY QUESTION OF GREAT PUBLIC IMPORTANCE
08/03/2018 Mandate
08/03/2018 Notice of Discretionary Jurisdiction to Supreme Court Debra Klauber 0055646
08/03/2018 Notice sent to the Supreme Court
08/06/2018 Ack. Receipt from Supreme Court SC18-1280
08/08/2018 - Non-dispositive Authored Opinion ON APPELLEES' MOTION FOR ATTORNEY'S FEES
08/08/2018 Opinion Disposing of a Motion (See Opinion) Deny **SEE 8/8/2018 OPINION**
08/08/2018 Misc. Supreme Court Order SC18-1227 (EMERGENCY MOTION FOR STAY IS GRANTED)
08/08/2018 West Publishing
08/08/2018 Misc. Supreme Court Order (CORRECTED) SC18-1227
08/08/2018 Misc. Supreme Court Order SC18-1280 (FILED IN 18-1336)
08/22/2018 Supreme Court Disposition SC18-1227
08/22/2018 Supreme Court Disposition SC18-1280 (FILED IN 18-1336)