SUPREME COURT OF FLORIDA JAMES LEVOY WATERS, Petitioner, SHERIFF, ESCAMBIA COUNTY FLORIDA, Respondent. CASE NO. SC

Size: px
Start display at page:

Download "SUPREME COURT OF FLORIDA JAMES LEVOY WATERS, Petitioner, SHERIFF, ESCAMBIA COUNTY FLORIDA, Respondent. CASE NO. SC"

Transcription

1 Electronically Filed 08/26/ :20:02 PM ET RECEIVED, 8/26/ :23:40, Thomas D. Hall, Clerk, Supreme Court SUPREME COURT OF FLORIDA JAMES LEVOY WATERS, Petitioner, v. SHERIFF, ESCAMBIA COUNTY FLORIDA, Respondent. CASE NO. SC On Review from the District Court of Appeal, First District, State of Florida Appeal No.: 1D JURISDICTIONAL ANSWER BRIEF OF RESPONDENT ESCAMBIA COUNTY SHERIFF, in his official capacity BARBARA C. FROMM Florida Bar No JOLLY & PETERSON, P.A. Post Office Box Tallahassee, Florida (850) COUNSEL FOR RESPONDENT

2 TABLE OF CONTENTS TABLE OF CITATIONS...ii STATEMENT OF THE CASE AND FACTS...1 A. Course of Proceedings and Disposition Below SUMMARY OF THE ARGUMENT...6 ARGUMENT I. THE FLORIDA SUPREME COURT DOES NOT HAVE CONFLICT JURISDICTION TO REVIEW THE ORDER OF THE FIRST DISTRICT COURT OF APPEAL THAT SUA SPONTE CHANGED THE STYLE OF THIS CASE CONCLUSION...9 CERTIFICATE OF SERVICE...10 CERTIFICATE OF FONT SIZE...10 i

3 TABLE OF CITATIONS CASES PAGES Aravena v. Miami-Dade County, 928 So.2d 1163 (Fla. 2006)...9 Beaty v. State, 701 So.2d 856 (Fla. 1997)...9 The Florida Star v. B.J.F., 530 So.2d 286 (Fla. 1988)...8 Jackson v. State, 926 So.2d 1262 (Fla. 2006)...9 Jenkins v. State, 385 So.2d 1356 (Fla. 1980)...8, 9 Tippins v. State, 897 So.2d 1278 (Fla. 2005)...8 RULES Rule 2.515(a)(b), Fla.R.Jud.Admin....5,6,9 ii

4 STATEMENT OF THE CASE AND FACTS A. Course of Proceedings and Disposition Below Plaintiff initially filed in the Circuit Court in and for Escambia County, Florida, his Complaint/Petition for Writ of Replevin on June 4, (R-2-1-3) On July 26, 2010, the Clerk of the Circuit Court entered its Notice of Lack of Prosecution stating that no activity by filing of pleadings, order of court or otherwise has occurred for a period of ten months immediately preceding service of this notice, and no stay has been issued or approved by the Court. (R-7-12) On September 28, 2010, the Honorable Paul A. Rasmussen, Circuit Court Judge, entered an order to show cause, which acknowledged that Plaintiff has never requested that a summons be issued in this matter. Accordingly, the Court ordered Plaintiff to take some action toward serving the Defendant in this case within thirty (30) days from the date hereof, or show cause why this matter shall not be dismissed for lack of prosecution. (R ) On October 10, 2011, the Clerk of the Circuit Court entered a second Notice of Lack of Prosecution, acknowledging that no court activity by filing of pleadings, order of court or otherwise has occurred for a period of ten months immediately preceding service of this notice, and no stay has been issued or approved by the Court. The Court s notice further provided that,...if no such record activity 1

5 occurs within 60 days following service of this notice, and if no stay is issued or approved during such 60-day period, this action may be dismissed by the court on its own motion or on the motion of any interested person unless good cause is shown in writing five days before the hearing on such motion. (R-14-32). On May 25, 2012, Plaintiff filed a Motion for Entry of Default. (R ). On June 1, 2012, the Honorable Paul A. Rasmussen entered an order denying Plaintiff s Motion for Entry of Default. The order specifically recognized: The Plaintiff has amended the pleadings, but has yet to properly serve the Defendant. On September 28, 2010, this Court entered an order to show cause requiring the Plaintiff to take some action toward serving the Defendant within thirty (30) days from the date thereof or show cause why the matter should not be dismissed for lack of prosecution. The Plaintiff responded to the order to show cause by filing a motion to amend the Writ of Replevin, but still has not properly served the Defendant. (emphasis added.) The Court s order denying Plaintiff s Motion for Entry of Default, recognized that Plaintiff attempted to serve Defendant, through his counsel, by requesting 1 counsel to accept service of process on behalf of the Defendant. The Court s order further recognized: Although it appears that the acceptance of process was initially signed by the Defendant s counsel, that signature was struck through and marked refused to accept. Therefore, upon review of the court file, it still appears that Plaintiff has yet to properly serve the Defendant 1 Counsel refers to Defendant Sheriff s in-house legal counsel, Gerald Champagne. 2

6 in this case. (emphasis added.) The Court s order denied Plaintiff s Motion for Entry of Default and specifically instructed Plaintiff as follows: Plaintiff shall serve the Defendant with a summons and copy of the complaint in accordance with the Florida Rules of Civil Procedure within sixty days from the date hereof or show cause why the matter should not be dismissed for lack of prosecution. (emphasis added.) (R ). Plaintiff did not serve Defendant with a summons and a copy of the complaint within sixty days as ordered by the Court. Instead, on August 2, 2012, Plaintiff filed a second Motion for Entry of Default. (R ). On that same day, the Honorable Ross M. Goodman entered an order denying Plaintiff s Motion for Entry of Default. (R-24-95). On August 16, 2012, for the first time in this case, and more than sixty days after the Court s June 1, 2012 Order instructing Plaintiff to serve Defendant with a summons and a copy of the complaint, Plaintiff issued a summons to be served on Defendant. (Plaintiff s Appendix No. 7, pp. 1-2). On August 22, 2012, the Honorable Ross M. Goodman entered an order dismissing Plaintiff s alleged cause of action without prejudice. The Court s order of dismissal specifically stated: THIS CAUSE is before the court upon review of the Order Denying Motion for Entry of Default rendered June 1, That order required 3

7 (R-29-99). the Plaintiff, James Levoy Waters, to take some action toward effecting service of process against the Defendant and move the matter toward final conclusion within sixty (60) days from the date of that order or to show cause why the matter should not be dismissed. Upon review, no action has been taken by the Plaintiff toward effecting service of process against the Defendant and the Plaintiff has not responded to the Order Denying Motion for Entry of Default rendered June 1, (emphasis added.) Accordingly, it is ORDERED AND ADJUDGED that the above-styled cause of action is dismissed without prejudice. Plaintiff filed a Motion for Rehearing (R ) which was denied by the Court. (R ). On September 24, 2012, Plaintiff filed his Notice of Appeal. (R ). On February 21, 2013, Plaintiff filed his Initial Brief on the merits. Appellee s Answer Brief was filed on March 14, Plaintiff/Appellant s Reply Brief was filed on April 10, On June 7, 2013, the First District Court of Appeal entered its opinion that per curium affirmed the trial court s order dismissing Plaintiff s cause of action. On the same date, the First District Court of Appeal also entered an order that sua sponte changed the style of this case to James Levoy Waters v. Sheriff, Escambia County Sheriff s Office. 2 2 The Court s order appears to be procedural. Petitioner is the only purported Plaintiff who has ever made an appearance or signed any pleading in this case. It is well- 4

8 On June 21, 2013, Appellant filed his Motion for Rehearing. Appellee filed his response on July 2, On July 17, 2013, the district court denied Appellant s Motion for Rehearing without opinion. On July 25, 2013, Appellant filed his Notice to Invoke the Discretionary Jurisdiction of the Florida Supreme Court. On August 2, 2013, the First District Court of Appeal issued its Mandate in this matter with a certified copy of the Court s per curium affirmed opinion. On or about August 1, 2013, Petitioner herein served on counsel for Respondent herein by U.S. Mail his Jurisdictional Brief. Attached to Petitioner s Brief is a conformed copy of the order of the Court entered July 7, 2013 that sua sponte changed the style of this case to James Levoy Waters v. Sheriff, Escambia County Sheriff s Office. Petitioner s Jurisdictional Brief did not attach either the district court s per curium affirmed opinion entered June 7, 2013 or the district court s order denying Appellant s Motion for Rehearing entered July 17, Petitioner seeks review only of the order of the court entered July 7, 2013, that sua sponte changed the style of this case. established that every pleading, motion or paper must be signed by the party representing himself or herself or by an attorney who must be a member of the Florida Bar. See, Rule 2.515(a)(b), Fla.R.Jud.Admin. ( A party who is not represented by an attorney shall sign any pleading or other paper and state the party s address and telephone number, including area code. ) 5

9 SUMMARY OF THE ARGUMENT Plaintiff improperly seeks to have this Court, pursuant to Article V, Section 3(b)(3) of the Florida Constitution, review the order of the First District Court of Appeal that, without opinion, sua sponte changed the style of this case to James Levoy Waters v. Sheriff, Escambia County Sheriff s Office. The district court s opinion appears to be procedural. Petitioner James Levoy Waters is the only purported Plaintiff who has made an appearance or signed any pleading in this matter. Every pleading, motion or other paper filed must be signed by the party, if he represents himself, or by his attorney who must be a member of the Florida Bar. Rule 2.515(a)(b), Fla.R.Jud.Admin. Accordingly, the designation et al. has never been proper in this case. The district court s order, without opinion, appears to simply clarify that James Levoy Waters is and always has been the only plaintiff in this alleged cause of action. In any event, Petitioner fails to acknowledge that the district court s order sua sponte changing the style of this case is not supported by any legal opinion. This Court has conflict jurisdiction under Article V, Section 3(b)(3) only if the decision of the District Court to be reviewed expressly conflicts with the decision of the Supreme Court or another district court of appeal. The Supreme Court does not even have potential jurisdiction to review a decision that is not supported by an 6

10 opinion. The District Court of Appeal s order sua sponte changing the style of this case does not include any opinion, or statement of any nature, effectively establishing a point of law upon which the decision rests. Accordingly, the Florida Supreme Court does not have conflict jurisdiction to review the First District Court of Appeal s sua sponte order changing the style of this case. Petitioner s request for jurisdictional review by this Court should be denied. ARGUMENT I. THE FLORIDA SUPREME COURT DOES NOT HAVE CONFLICT JURISDICTION TO REVIEW THE ORDER OF THE FIRST DISTRICT COURT OF APPEAL THAT SUA SPONTE CHANGED THE STYLE OF THIS CASE. Plaintiff improperly seeks to have this Court, pursuant to Article V, Section 3(b)(3) of the Florida Constitution, review the order of the First District Court of Appeal that, without opinion, sua sponte changed the style of this case to James Levoy Waters v. Sheriff, Escambia County Sheriff s Office. The district court s opinion appears to be procedural. Petitioner James Levoy Waters is the only purported Plaintiff who has made an appearance or signed any pleading in this matter. Pleadings, motions or other papers filed must be signed by a party representing himself or herself, or by the party s attorney who must be a 7

11 member of the Florida Bar. Rule 2.515(a)(b), Fla.R.Jud.Admin. Accordingly, the designation et al. has never been proper in this case. The district court s order, without opinion, appears to simply clarify that James Levoy Waters is and always has been the only plaintiff in this alleged cause of action. In any event, Petitioner fails to acknowledge that the district court s order sua sponte changing the style of this case is not supported by any legal opinion. 3 This Court has conflict jurisdiction under Article V, Section 3(b)(3) only if the decision of the District Court to be reviewed expressly conflicts with the decision of the Supreme Court or another district court of appeal. By definition, the term expressly requires some written representation or expression of the legal grounds supporting the decision under review. Jenkins v. State, 385 So.2d 1356 (Fla. 1980). A decision of a district court of appeal is only reviewable if the conflict can be demonstrated from the district court of appeal s opinion. The Supreme Court does not even have potential jurisdiction to review a decision that is not supported by an opinion. See, Tippins v. State, 897 So.2d 1278 (Fla. 2005); The Florida Star v. B.J.F., 530 So.2d 286 (Fla. 1988). (To be within the Supreme Court s jurisdiction to review a District Court of Appeals decision and express direct conflict with another decision, 3 The District Court s per curium affirmed opinion and the district court s denial of Plaintiff/Appellant s Motion for Rehearing also do not include any opinion; however, as set forth above, it does not appear that Plaintiff seeks review of either of those orders. 8

12 the district court decision under review must contain a statement or citation effectively establishing a point of law upon which the decision rests.) As this Court has previously explained, one of the tests of expressing direct conflict is whether it has been shown from the opinions that the two decisions are irreconcilable. Aravena v. Miami-Dade County, 928 So.2d 1163 (Fla. 2006). This test cannot be met without some expression of the principles supporting the decision. For example, per curium affirmence without an opinion is unreviewable under Article V, Section 3(b)(3) because it does not expressly conflict with another appellate decision. See, Jenkins v. State, 385 So.2d 1356; Beaty v. State, 701 So.2d 856 (Fla. 1997); Jackson v. State, 926 So.2d 1262 (Fla. 2006). The District Court of Appeal s order sua sponte changing the style of this case does not include any opinion, or statement of any nature, effectively establishing a point of law upon which the decision rests. Accordingly, the Florida Supreme Court does not have conflict jurisdiction to review the First District Court of Appeal s sua sponte order changing the style of this case. Petitioner s request for jurisdictional review by this Court should be denied. CONCLUSION Based on the foregoing, this Court should decline to review the order of the First District Court of Appeal that sua sponte changed the style of this case. 9

13 Respectfully submitted this 26th day of August, /s/ Barbara C. Fromm BARBARA C. FROMM Florida Bar No JOLLY & PETERSON, P.A. Post Office Box Tallahassee, Florida Tel: (850) Fax: (850) Counsel for Respondent CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing document was furnished by Certified U.S. Mail this 26th day of August, 2013 to the following: James L. Waters DC# , Santa Rosa Correctional Institution-Annex, 5850 E. Milton Rd., Milton, FL /s/ Barbara C. Fromm BARBARA C. FROMM CERTIFICATE OF FONT SIZE Pursuant to Florida Rule of Appellate Procedure 9.210(a), undersigned counsel hereby certifies that this brief complies with the font requirements of the rule and is formatted in Times New Roman 14 point font. /s/ Barbara C. Fromm BARBARA C. FROMM 10

IN THE SUPREME COURT OF FLORIDA CASE NO.: SC

IN THE SUPREME COURT OF FLORIDA CASE NO.: SC IN THE SUPREME COURT OF FLORIDA CASE NO.: SC07-1672 PETER SPOREA, ET AL., Petitioners, vs. CITY OF POMPANO BEACH, FLORIDA, Respondent. RESPONDENT S AMENDED ANSWER BRIEF ON JURISDICTION On Appeal from the

More information

IN THE SUPREME COURT OF FLORIDA JURISDICTIONAL BRIEF OF RESPONDENT

IN THE SUPREME COURT OF FLORIDA JURISDICTIONAL BRIEF OF RESPONDENT IN THE SUPREME COURT OF FLORIDA STATE OF FLORIDA, Petitioner, v. Case No. SC10-2418 RANDY SCOTT RIESEL, Respondent. / JURISDICTIONAL BRIEF OF RESPONDENT NANCY A. DANIELS PUBLIC DEFENDER DAVID P. GAULDIN

More information

IN THE SUPREME COURT OF FLORIDA. vs. L.T. NO.: 3D ON NOTICE TO INVOKE DISCRETIONARY JURISDICTION FROM THE THIRD DISTRICT COURT OF APPEAL

IN THE SUPREME COURT OF FLORIDA. vs. L.T. NO.: 3D ON NOTICE TO INVOKE DISCRETIONARY JURISDICTION FROM THE THIRD DISTRICT COURT OF APPEAL IN THE SUPREME COURT OF FLORIDA CATHERINE RIGGINS Petitioner, CASE NO.: SC06-205 vs. L.T. NO.: 3D04-2620 AMERICAN EXPRESS CENTURION BANK, Respondent. / ON NOTICE TO INVOKE DISCRETIONARY JURISDICTION FROM

More information

IN THE SUPREME COURT OF THE STATE OF FLORIDA. CASE NO. SC (4 th DCA 4D ) MALCOLM HOSWELL, Petitioner, vs. STATE OF FLORIDA, Respondent.

IN THE SUPREME COURT OF THE STATE OF FLORIDA. CASE NO. SC (4 th DCA 4D ) MALCOLM HOSWELL, Petitioner, vs. STATE OF FLORIDA, Respondent. IN THE SUPREME COURT OF THE STATE OF FLORIDA CASE NO. SC05-1298 (4 th DCA 4D05-1624) MALCOLM HOSWELL, Petitioner, vs. STATE OF FLORIDA, Respondent. RESPONDENT'S BRIEF ON JURISDICTION LAURA FISHER ZIBURA

More information

IN THE SUPREME COURT OF THE STATE OF FLORIDA CASE NO. SC CLEO LECROY, Petitioner, vs. STATE OF FLORIDA, Respondent.

IN THE SUPREME COURT OF THE STATE OF FLORIDA CASE NO. SC CLEO LECROY, Petitioner, vs. STATE OF FLORIDA, Respondent. IN THE SUPREME COURT OF THE STATE OF FLORIDA CASE NO. SC 07-1021 CLEO LECROY, Petitioner, vs. STATE OF FLORIDA, Respondent. RESPONDENT'S BRIEF ON JURISDICTION BILL MCCOLLUM Attorney General Tallahassee,

More information

IN THE SUPREME COURT OF THE STATE OF FLORIDA. CASE NO. SC: 4 th DCA CASE NO: 4D STATE OF FLORIDA, Petitioner, vs. SALVATORE BENNETT,

IN THE SUPREME COURT OF THE STATE OF FLORIDA. CASE NO. SC: 4 th DCA CASE NO: 4D STATE OF FLORIDA, Petitioner, vs. SALVATORE BENNETT, IN THE SUPREME COURT OF THE STATE OF FLORIDA CASE NO. SC: 4 th DCA CASE NO: 4D04-4825 STATE OF FLORIDA, Petitioner, vs. SALVATORE BENNETT, Respondent. PETITIONER'S BRIEF ON JURISDICTION CHARLES J. CRIST,

More information

IN THE SUPREME COURT OF FLORIDA. v. CASE NO. SC ON DISCRETIONARY REVIEW FROM THE FIFTH DISTRICT COURT OF APPEAL

IN THE SUPREME COURT OF FLORIDA. v. CASE NO. SC ON DISCRETIONARY REVIEW FROM THE FIFTH DISTRICT COURT OF APPEAL Electronically Filed 05/17/2013 11:04:14 AM ET RECEIVED, 5/17/2013 11:08:35, Thomas D. Hall, Clerk, Supreme Court IN THE SUPREME COURT OF FLORIDA MARK ERIC OSTERBACK, Petitioner, v. CASE NO. SC13-812 STATE

More information

CASE NO. SC L.T. CASE NO. 4D IN THE SUPREME COURT OF FLORIDA CATHERINE STANEK-COUSINS, Petitioner, STATE OF FLORIDA, Respondent.

CASE NO. SC L.T. CASE NO. 4D IN THE SUPREME COURT OF FLORIDA CATHERINE STANEK-COUSINS, Petitioner, STATE OF FLORIDA, Respondent. CASE NO. SC05-1987 L.T. CASE NO. 4D05-1129 ========================================================== IN THE SUPREME COURT OF FLORIDA CATHERINE STANEK-COUSINS, Petitioner, v. STATE OF FLORIDA, Respondent.

More information

IN THE SUPREME COURT OF FLORIDA CASE NO. SC12- DEMARIOUS CALDWELL, Petitioner, - versus - STATE OF FLORIDA, Respondent.

IN THE SUPREME COURT OF FLORIDA CASE NO. SC12- DEMARIOUS CALDWELL, Petitioner, - versus - STATE OF FLORIDA, Respondent. IN THE SUPREME COURT OF FLORIDA CASE NO. SC12- DEMARIOUS CALDWELL, Petitioner, - versus - STATE OF FLORIDA, Respondent. ON APPEAL FROM THE FOURTH DISTRICT COURT OF APPEAL CASE NO. 4D10-3345 RESPONDENT

More information

IN THE SUPREME COURT OF FLORIDA

IN THE SUPREME COURT OF FLORIDA IN THE SUPREME COURT OF FLORIDA STERLING R. LANIER, JR. v. Petitioner, Case No. SC08-19 STATE OF FLORIDA, Respondent. / AMENDED JURISDICTIONAL BRIEF OF RESPONDENT BILL MCCOLLUM ATTORNEY GENERAL TRISHA

More information

IN THE SUPREME COURT OF FLORIDA

IN THE SUPREME COURT OF FLORIDA IN THE SUPREME COURT OF FLORIDA KEVIN TRACY. v. Petitioner, Case No. SC07-2057 STATE OF FLORIDA, Respondent. / JURISDICTIONAL BRIEF OF RESPONDENT BILL MCCOLLUM ATTORNEY GENERAL TRISHA MEGGS PATE TALLAHASSEE

More information

IN THE SUPREME COURT OF FLORIDA CASE NO. SC HARVEY JAY WEINBERG and KENNETH ALAN WEINBERG,

IN THE SUPREME COURT OF FLORIDA CASE NO. SC HARVEY JAY WEINBERG and KENNETH ALAN WEINBERG, IN THE SUPREME COURT OF FLORIDA CASE NO. SC 06-1941 BETTY WEINBERG, v. Petitioner, HARVEY JAY WEINBERG and KENNETH ALAN WEINBERG, Respondents. On Petition For Discretionary Review Of A Decision Of The

More information

IN THE SUPREME COURT OF THE STATE OF FLORIDA CASE NO.: SC LOWER COURT NO.: 4D JACK LIEBMAN. Petitioner. vs.

IN THE SUPREME COURT OF THE STATE OF FLORIDA CASE NO.: SC LOWER COURT NO.: 4D JACK LIEBMAN. Petitioner. vs. IN THE SUPREME COURT OF THE STATE OF FLORIDA CASE NO.: SC03-1896 LOWER COURT NO.: 4D00-2883 JACK LIEBMAN Petitioner vs. STATE OF FLORIDA, Respondent. RESPONDENT'S BRIEF ON JURISDICTION CHARLES J. CRIST,

More information

IN THE SUPREME COURT OF FLORIDA

IN THE SUPREME COURT OF FLORIDA IN THE SUPREME COURT OF FLORIDA WILLIAM E. WILLIAMSON, v. Petitioner, Case No. SC08-2192 STATE OF FLORIDA, Respondent. / JURISDICTIONAL BRIEF OF RESPONDENT BILL MCCOLLUM ATTORNEY GENERAL TRISHA MEGGS PATE

More information

IN THE SUPREME COURT OF FLORIDA CASE NO. SC DCA CASE NO. 3D VINCENT MARGIOTTI. Petitioner, -vs- STATE OF FLORIDA, Respondent.

IN THE SUPREME COURT OF FLORIDA CASE NO. SC DCA CASE NO. 3D VINCENT MARGIOTTI. Petitioner, -vs- STATE OF FLORIDA, Respondent. IN THE SUPREME COURT OF FLORIDA CASE NO. SC03-2290 DCA CASE NO. 3D02-2862 VINCENT MARGIOTTI Petitioner, -vs- STATE OF FLORIDA, Respondent. ON PETITION FOR DISCRETIONARY REVIEW FROM THE DISTRICT COURT OF

More information

IN THE SUPREME COURT OF FLORIDA. Petitioner, Case No. SC JURISDICTIONAL BRIEF OF RESPONDENT PAMELA JO BONDI ATTORNEY GENERAL

IN THE SUPREME COURT OF FLORIDA. Petitioner, Case No. SC JURISDICTIONAL BRIEF OF RESPONDENT PAMELA JO BONDI ATTORNEY GENERAL Electronically Filed 06/27/2013 12:18:58 PM ET RECEIVED, 6/27/2013 12:23:39, Thomas D. Hall, Clerk, Supreme Court IN THE SUPREME COURT OF FLORIDA JOHNNIE LEE REMBERT, v. Petitioner, Case No. SC13-1125

More information

IN THE SUPREME COURT OF THE STATE OF FLORIDA CASE NO. SC TIMOTHY SCOTT HARRIS, Petitioner. vs. STATE OF FLORIDA, Respondent.

IN THE SUPREME COURT OF THE STATE OF FLORIDA CASE NO. SC TIMOTHY SCOTT HARRIS, Petitioner. vs. STATE OF FLORIDA, Respondent. IN THE SUPREME COURT OF THE STATE OF FLORIDA CASE NO. SC10-1056 TIMOTHY SCOTT HARRIS, Petitioner vs. STATE OF FLORIDA, Respondent. RESPONDENT'S BRIEF ON JURISDICTION BILL McCOLLUM Attorney General Tallahassee,

More information

IN THE SUPREME COURT OF FLORIDA. Petitioner, CASE NO. SC JURISDICTIONAL BRIEF OF RESPONDENT

IN THE SUPREME COURT OF FLORIDA. Petitioner, CASE NO. SC JURISDICTIONAL BRIEF OF RESPONDENT IN THE SUPREME COURT OF FLORIDA JESSE JAMES HURRY, v. Petitioner, CASE NO. SC09-980 STATE OF FLORIDA, Respondent. JURISDICTIONAL BRIEF OF RESPONDENT BILL MCCOLLUM ATTORNEY GENERAL TRISHA MEGGS PATE TALLAHASSEE

More information

IN THE SUPREME COURT OF FLORIDA. v. Lower Tribunal No. 2D ON PETITION FOR DISCRETIONARY JURISDICTION BASED ON ALLEGED CONFLICT OF DECISIONS

IN THE SUPREME COURT OF FLORIDA. v. Lower Tribunal No. 2D ON PETITION FOR DISCRETIONARY JURISDICTION BASED ON ALLEGED CONFLICT OF DECISIONS Electronically Filed 07/31/2013 04:44:07 PM ET RECEIVED, 7/31/2013 16:48:32, Thomas D. Hall, Clerk, Supreme Court IN THE SUPREME COURT OF FLORIDA ROBERT VON GOETZMAN Petitioner/Pro Se SC No. 13-9999 v.

More information

IN THE SUPREME COURT OF FLORIDA. v. Case No. SC STATE OF FLORIDA, DCA NO.: 2D

IN THE SUPREME COURT OF FLORIDA. v. Case No. SC STATE OF FLORIDA, DCA NO.: 2D IN THE SUPREME COURT OF FLORIDA TODD A. HATFIELD, Petitioner, v. Case No. SC10-2404 STATE OF FLORIDA, DCA NO.: 2D09-5938 Respondent. 05-18908CFANO ON PETITION FOR REVIEW FROM THE SECOND DISTRICT COURT

More information

IN THE SUPREME COURT OF FLORIDA

IN THE SUPREME COURT OF FLORIDA IN THE SUPREME COURT OF FLORIDA PERRY TANKSLEY, Petitioner, vs. 214 MAIN STREET CORP. and 3B REALTY NORTH, INC., Sup. Ct. Case No: SC07-272 Second DCA Case No: 2D06-768 Respondents. *********************************/

More information

IN THE SUPREME COURT OF FLORIDA. L.T. No. 1D

IN THE SUPREME COURT OF FLORIDA. L.T. No. 1D IN THE SUPREME COURT OF FLORIDA ROBERT ANDERSON Petitioner, VS. Case No. SC07-306 L.T. No. 1D06-2486 FLORIDA PAROLE COMMISSION, Respondent. RESPONDENT'S BRIEF ON JURISDICTION On petition for discretionary

More information

IN THE SUPREME COURT OF FLORIDA CASE NO. SC L.T. CASE NOS. 5D

IN THE SUPREME COURT OF FLORIDA CASE NO. SC L.T. CASE NOS. 5D IN THE SUPREME COURT OF FLORIDA CASE NO. SC12-1661 L.T. CASE NOS. 5D10-2410 FLORIDA INSURANCE GUARANTY ASSOCIATION, Petitioner, v. WHISTLER'S PARK, INC., a Florida Corporation Respondent. FLORIDA INSURANCE

More information

IN THE SUPREME COURT OF FLORIDA. V CASE No. SCl ON DISCRETIONARY REVIEW FROM THE DISTRICT COURT OF APPEAL, FIFTH DISTRICT

IN THE SUPREME COURT OF FLORIDA. V CASE No. SCl ON DISCRETIONARY REVIEW FROM THE DISTRICT COURT OF APPEAL, FIFTH DISTRICT Filing # 18934264 Electronically Filed 10/02/2014 02:09:43 PM RECEIVED, 10/2/2014 14:14:26, John A. Tornasino, Clerk, Supreme Court IN THE SUPREME COURT OF FLORIDA TIMOTHY HARRIS. Petitioner, V CASE No.

More information

IN THE SUPREME COURT OF THE STATE OF FLORIDA CASE NO. SC ROBERT RANSONE, Petitioner, vs. STATE OF FLORIDA, Respondent.

IN THE SUPREME COURT OF THE STATE OF FLORIDA CASE NO. SC ROBERT RANSONE, Petitioner, vs. STATE OF FLORIDA, Respondent. IN THE SUPREME COURT OF THE STATE OF FLORIDA CASE NO. SC 09-2084 ROBERT RANSONE, Petitioner, vs. STATE OF FLORIDA, Respondent. RESPONDENT'S BRIEF ON THE MERITS Bill McCollum Attorney General Tallahassee,

More information

IN THE SUPREME COURT OF FLORIDA. Case No. SC12- ON DISCRETIONARY REVIEW FROM THE DISTRICT COURT OF APPEAL, FIRST DISTRICT

IN THE SUPREME COURT OF FLORIDA. Case No. SC12- ON DISCRETIONARY REVIEW FROM THE DISTRICT COURT OF APPEAL, FIRST DISTRICT IN THE SUPREME COURT OF FLORIDA LARRY BRYANT NETTLES, Petitioner, v. STATE OF FLORIDA, Case No. SC12- L.T. No. 1D11-5951 Respondent. ON DISCRETIONARY REVIEW FROM THE DISTRICT COURT OF APPEAL, FIRST DISTRICT

More information

IN THE SUPREME COURT OF FLORIDA

IN THE SUPREME COURT OF FLORIDA IN THE SUPREME COURT OF FLORIDA SANDRA P. CASTILLO, Sc12.-16n Petitioner, DCA Case No.: 3D11-2132 VS. DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I 2 INC. TRUST 2006-HE7

More information

IN THE SUPREME COURT OF FLORIDA. v. CASE NO.: SC FIRST DCA CASE NO.: 1D L.T. CASE NO.: L

IN THE SUPREME COURT OF FLORIDA. v. CASE NO.: SC FIRST DCA CASE NO.: 1D L.T. CASE NO.: L IN THE SUPREME COURT OF FLORIDA ROB BRAYSHAW, ET AL., Petitioners, v. CASE NO.: SC11-507 FIRST DCA CASE NO.: 1D09-5894 L.T. CASE NO.: 2009-1337L AGENCY FOR WORKFORCE INNOVATION, Respondent. / RESPONDENT

More information

IN THE SUPREME COURT OF FLORIDA. Petitioner, S.C. Case No. SC DCA Case No. 3D v. L.T. Case No. 08-CA-45992

IN THE SUPREME COURT OF FLORIDA. Petitioner, S.C. Case No. SC DCA Case No. 3D v. L.T. Case No. 08-CA-45992 IN THE SUPREME COURT OF FLORIDA ANGELO KYRELIS, Petitioner, S.C. Case No. SC12-642 DCA Case No. 3D11-1730 v. L.T. Case No. 08-CA-45992 ONEWEST BANK, FSB (SUBSTITUTED PARTY FOR FORMER PLAINTIFF INDYMAC

More information

IN THE SUPREME COURT OF FLORIDA. Case No. SC Third DCA Case Nos. 3D / 3D L.T. Case No CA 15

IN THE SUPREME COURT OF FLORIDA. Case No. SC Third DCA Case Nos. 3D / 3D L.T. Case No CA 15 IN THE SUPREME COURT OF FLORIDA Case No. SC08-1877 Third DCA Case Nos. 3D07-2875 / 3D07-3106 L.T. Case No. 04-17958 CA 15 VALAT INTERNATIONAL HOLDINGS, LTD. Petitioner, vs. MERRILL LYNCH & CO., INC. Respondent.

More information

IN THE SUPREME COURT OF FLORIDA CASE NO. SC ALVIN LEWIS, Petitioner. vs. STATE OF FLORIDA, Respondents. PETITIONER'S BRIEF ON JURISDICTION

IN THE SUPREME COURT OF FLORIDA CASE NO. SC ALVIN LEWIS, Petitioner. vs. STATE OF FLORIDA, Respondents. PETITIONER'S BRIEF ON JURISDICTION IN THE SUPREME COURT OF FLORIDA CASE NO. SC05-1605 ALVIN LEWIS, Petitioner vs. STATE OF FLORIDA, Respondents. PETITIONER'S BRIEF ON JURISDICTION Seeking Discretionary Review from the District Court of

More information

IN THE SUPREME COURT OF FLORIDA CASE NO. SC LEONARDO DIAZ, Petitioner, vs. STATE OF FLORIDA, Respondent.

IN THE SUPREME COURT OF FLORIDA CASE NO. SC LEONARDO DIAZ, Petitioner, vs. STATE OF FLORIDA, Respondent. IN THE SUPREME COURT OF FLORIDA CASE NO. SC03-1031 LEONARDO DIAZ, Petitioner, vs. STATE OF FLORIDA, Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ON PETITION FOR DISCRETIONARY

More information

IN THE SUPREME COURT OF FLORIDA

IN THE SUPREME COURT OF FLORIDA IN THE SUPREME COURT OF FLORIDA DAVID M. POLEN, v. ROSA POLEN, Petitioner, Respondent. / CASE NO. SC06-1226 4 TH DCA CASE NO. 4D06-1002 AMENDED ANSWER BRIEF ON JURISDICTION Respectfully submitted, JOEL

More information

IN THE SUPREME COURT OF FLORIDA

IN THE SUPREME COURT OF FLORIDA IN THE SUPREME COURT OF FLORIDA KEITH R. HARRIS, DC# 635563 Petitioner, vs. Case No. SC08-1367 L.T. No. 1D06-5125 THE FLORIDA PAROLE COMMISSION, Respondent. / RESPONDENT'S AMENDED BRIEF ON JURIDICTION

More information

SUPREME COURT OF FLORIDA PETITIONER CRESCENT MIAMI CENTER, LLC S BRIEF ON JURISDICTION

SUPREME COURT OF FLORIDA PETITIONER CRESCENT MIAMI CENTER, LLC S BRIEF ON JURISDICTION SUPREME COURT OF FLORIDA CRESCENT MIAMI CENTER, LLC, vs. Petitioner, Supreme Court Case No. SC03-2063 THIRD DCA CASE NO. 02-3002 LT Case No. 00-21824 DEPARTMENT OF REVENUE, STATE OF FLORIDA, Respondent.

More information

IN THE SUPREME COURT OF FLORIDA CASE NO. SC STATE OF FLORIDA, Petitioner, vs. ERIC S. SMITH, Respondent.

IN THE SUPREME COURT OF FLORIDA CASE NO. SC STATE OF FLORIDA, Petitioner, vs. ERIC S. SMITH, Respondent. IN THE SUPREME COURT OF FLORIDA CASE NO. SC07-901 STATE OF FLORIDA, Petitioner, vs. ERIC S. SMITH, Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ON PETITION FOR DISCRETIONARY

More information

IN THE SUPREME COURT OF THE STATE OF FLORIDA CASE NO. SC TYRA WILLIAMS, Petitioner, vs. STATE OF FLORIDA, Respondent.

IN THE SUPREME COURT OF THE STATE OF FLORIDA CASE NO. SC TYRA WILLIAMS, Petitioner, vs. STATE OF FLORIDA, Respondent. IN THE SUPREME COURT OF THE STATE OF FLORIDA CASE NO. SC 12-655 TYRA WILLIAMS, Petitioner, vs. STATE OF FLORIDA, Respondent. RESPONDENT'S BRIEF ON JURISDICTION PAMELA JO BONDI Attorney General Tallahassee,

More information

Henry Diaz, SC Case No.: SC Petitioner, DCA Case No.: 1D

Henry Diaz, SC Case No.: SC Petitioner, DCA Case No.: 1D Filing # 19137014 Electronically Filed 10/08/2014 11:08:31 AM RECEIVED, 10/8/2014 11:14:14, John A. Tomasino, Clerk, Supreme Court IN THE SUPREME COURT OF FLORIDA Henry Diaz, SC Case No.: SC14-1916 vs.

More information

IN THE SUPREME COURT OF FLORIDA DIGICAST NEW MEDIA, INC., Petitioner, -vs- FIERA.COM, INC., Respondent. APPEAL FROM THE DISTRICT COURT OF APPEAL

IN THE SUPREME COURT OF FLORIDA DIGICAST NEW MEDIA, INC., Petitioner, -vs- FIERA.COM, INC., Respondent. APPEAL FROM THE DISTRICT COURT OF APPEAL IN THE SUPREME COURT OF FLORIDA CASE NO. SCO3-418 THIRD DISTRICT CASE NO. 3D02-441 LOWER TRIBUNAL NO. 01-24419 CA 22 DIGICAST NEW MEDIA, INC., Petitioner, -vs- FIERA.COM, INC., Respondent. APPEAL FROM

More information

IN THE SUPREME COURT OF FLORIDA AMENDED JURISDICTIONAL ANSWER BRIEF OF RESPONDENT STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES

IN THE SUPREME COURT OF FLORIDA AMENDED JURISDICTIONAL ANSWER BRIEF OF RESPONDENT STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES IN THE SUPREME COURT OF FLORIDA CAPITAL COLLATERAL REGIONAL COUNSEL-MIDDLE REGION and JOHN W. JENNINGS, Petitioners. v. Case No. SC07-2447 LT Case No. 1D07-253 FLORIDA DEPARTMENT OF FINANCIAL SERVICES,

More information

IN THE SUPREME COURT OF FLORIDA CASE NO. SC DISTRICT COURT CASE NO. 4D

IN THE SUPREME COURT OF FLORIDA CASE NO. SC DISTRICT COURT CASE NO. 4D Electronically Filed 10/09/2013 11:26:52 AM ET RECEIVED, 10/9/2013 11:28:34, Thomas D. Hall, Clerk, Supreme Court IN THE SUPREME COURT OF FLORIDA CASE NO. SC2013-1834 DISTRICT COURT CASE NO. 4D11-3004

More information

IN THE SUPREME COURT OF FLORIDA. vs. L.T. NO.: 3D ON NOTICE TO INVOKE DISCRETIONARY JURISDICTION FROM THE THIRD DISTRICT COURT OF APPEAL

IN THE SUPREME COURT OF FLORIDA. vs. L.T. NO.: 3D ON NOTICE TO INVOKE DISCRETIONARY JURISDICTION FROM THE THIRD DISTRICT COURT OF APPEAL IN THE SUPREME COURT OF FLORIDA CATHERINE RIGGINS, Petitioner, CASE NO.: SC06-205 vs. L.T. NO.: 3D04-2620 AMERICAN EXPRESS CENTURION BANK, Respondent. / ON NOTICE TO INVOKE DISCRETIONARY JURISDICTION FROM

More information

IN THE SUPREME COURT OF FLORIDA. Petitioner, Case No. SC JURISDICTIONAL BRIEF OF RESPONDENT

IN THE SUPREME COURT OF FLORIDA. Petitioner, Case No. SC JURISDICTIONAL BRIEF OF RESPONDENT IN THE SUPREME COURT OF FLORIDA VERNON GOINS, v. Petitioner, Case No. SC06-356 STATE OF FLORIDA, Respondent. JURISDICTIONAL BRIEF OF RESPONDENT CHARLES J. CRIST, JR. ATTORNEY GENERAL ROBERT R. WHEELER

More information

IN THE SUPREME COURT OF FLORIDA

IN THE SUPREME COURT OF FLORIDA Electronically Filed 05/20/2013 12:08:02 PM ET RECEIVED, 5/20/2013 12:08:39, Thomas D. Hall, Clerk, Supreme Court IN THE SUPREME COURT OF FLORIDA CASE NO. SC13-782 L.T. Case Nos. 4DII-3838; 502008CA034262XXXXMB

More information

IN THE SUPREME COURT OF FLORIDA. v. Case No. SCO5-938 Lower Case No. 3D RESPONDENT'S BRIEF ON JURISDICTION

IN THE SUPREME COURT OF FLORIDA. v. Case No. SCO5-938 Lower Case No. 3D RESPONDENT'S BRIEF ON JURISDICTION IN THE SUPREME COURT OF FLORIDA ROCCO NAPOLITANO Petitioner, v. Case No. SCO5-938 Lower Case No. 3D04--318 STATE OF FLORIDA, Florida Department of Corrections Respondent. ================================================================

More information

IN THE SUPREME COURT OF FLORIDA CASE NO. SC DCA CASE NO. 3D THE STATE OF FLORIDA, Petitioner, -vs- MAXIMILIANO ROMERO, Respondent.

IN THE SUPREME COURT OF FLORIDA CASE NO. SC DCA CASE NO. 3D THE STATE OF FLORIDA, Petitioner, -vs- MAXIMILIANO ROMERO, Respondent. IN THE SUPREME COURT OF FLORIDA CASE NO. SC05-1141 DCA CASE NO. 3D03-2169 THE STATE OF FLORIDA, Petitioner, -vs- MAXIMILIANO ROMERO, Respondent. ON PETITION FOR DISCRETIONARY REVIEW FROM THE DISTRICT COURT

More information

IN THE FLORIDA SUPREME COURT CASE NO. SC WILLIAM DAVID MILLSAPS. Petitioner, MARIJA ARNJAS, Respondent.

IN THE FLORIDA SUPREME COURT CASE NO. SC WILLIAM DAVID MILLSAPS. Petitioner, MARIJA ARNJAS, Respondent. IN THE FLORIDA SUPREME COURT CASE NO. SC05-1297 WILLIAM DAVID MILLSAPS Petitioner, v. MARIJA ARNJAS, Respondent. AMENDED JURISDICTIONAL BRIEF OF PETITIONER WILLIAM DAVID MILLSAPS In propria persona 528

More information

IN THE SUPREME COURT OF FLORIDA. v. Case No. SC LCN: 4D STATE OF FLORIDA, RESPONDENT'S AMENDED BRIEF ON JURISDICTION

IN THE SUPREME COURT OF FLORIDA. v. Case No. SC LCN: 4D STATE OF FLORIDA, RESPONDENT'S AMENDED BRIEF ON JURISDICTION IN THE SUPREME COURT OF FLORIDA WILLIE FRANK DAVIS, Petitioner, v. Case No. SC09-192 LCN: 4D08-4272 STATE OF FLORIDA, Respondent. RESPONDENT'S AMENDED BRIEF ON JURISDICTION BILL MCCOLLUM ATTORNEY GENERAL

More information

IN THE SUPREME COURT OF FLORIDA. Case No. SC06-56 BEVERLY PENZELL AND BANK OF AMERICA, N.A., Petitioners, vs.

IN THE SUPREME COURT OF FLORIDA. Case No. SC06-56 BEVERLY PENZELL AND BANK OF AMERICA, N.A., Petitioners, vs. IN THE SUPREME COURT OF FLORIDA Case No. SC06-56 BEVERLY PENZELL AND BANK OF AMERICA, N.A., Petitioners, vs. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, Respondent. RESPONDENT S ANSWER BRIEF

More information

IN THE SUPREME COURT OF THE STATE OF FLORIDA, STATE OF FLORIDA, Petitioner, CHARLES FRATELLO, Respondent. Case No. SC07-780

IN THE SUPREME COURT OF THE STATE OF FLORIDA, STATE OF FLORIDA, Petitioner, CHARLES FRATELLO, Respondent. Case No. SC07-780 IN THE SUPREME COURT OF THE STATE OF FLORIDA, STATE OF FLORIDA, Petitioner, v. CHARLES FRATELLO, Respondent. Case No. SC07-780 ****************************************************************** ON APPEAL

More information

IN THE SUPREME COURT OF FLORIDA CASE NO: SC04- EDNA DE LA PENA, Petitioner, vs. SUNSHINE BOUQUET COMPANY and HORTICA, Respondents.

IN THE SUPREME COURT OF FLORIDA CASE NO: SC04- EDNA DE LA PENA, Petitioner, vs. SUNSHINE BOUQUET COMPANY and HORTICA, Respondents. IN THE SUPREME COURT OF FLORIDA CASE NO: SC04- EDNA DE LA PENA, Petitioner, vs. SUNSHINE BOUQUET COMPANY and HORTICA, Respondents. PETITIONER S BRIEF ON JURISDICTION Richard Zaldivar, Esquire Jay M. Levy,

More information

SUPREME COURT OF FLORIDA. Case No. SC04- L.T. Case No. 3D CITY OF MIAMI. Petitioner. vs. SIDNEY S. WELLMAN, ET AL.

SUPREME COURT OF FLORIDA. Case No. SC04- L.T. Case No. 3D CITY OF MIAMI. Petitioner. vs. SIDNEY S. WELLMAN, ET AL. SUPREME COURT OF FLORIDA Case No. SC04- L.T. Case No. 3D01-3050 CITY OF MIAMI Petitioner vs. SIDNEY S. WELLMAN, ET AL. Respondents RESPONDENTS ANSWER BRIEF TO PETITIONER S BRIEF ON JURISDICTION ON DISCRETIONARY

More information

Form DC-368 MOTION TO REOPEN (CRIMINAL)/MOTION Form DC-368

Form DC-368 MOTION TO REOPEN (CRIMINAL)/MOTION Form DC-368 1. Copies a. Original to court. Using This Revisable PDF Form b. First copy to respondent. If more than one respondent, provide copies for each respondent. 2. Preparation Motion portion and style of case

More information

IN THE SUPREME COURT OF FLORIDA S. CT. CASE NO. SC

IN THE SUPREME COURT OF FLORIDA S. CT. CASE NO. SC IN THE SUPREME COURT OF FLORIDA WILFRID METELLUS, Petitioner, S. CT. CASE NO. SC02-1494 vs. DCA CASE NO. 5D01-1044 STATE OF FLORIDA, Respondent. / ON DISCRETIONARY REVIEW FROM THE DISTRICT COURT OF APPEAL,

More information

IN THE SUPREME COURT OF FLORIDA. DAPHNE ELAINE HENSON, Florida Second District Court of Appeal Case Appellee. Number: 2D /

IN THE SUPREME COURT OF FLORIDA. DAPHNE ELAINE HENSON, Florida Second District Court of Appeal Case Appellee. Number: 2D / IN THE SUPREME COURT OF FLORIDA DOUGLAS LEE HENSON Appellant, Case Nos. SC06-1003 v. DAPHNE ELAINE HENSON, Florida Second District Court of Appeal Case Appellee. Number: 2D06-826 / APPELLEE'S BRIEF ON

More information

IN THE SUPREME COURT OF FLORIDA

IN THE SUPREME COURT OF FLORIDA IN THE SUPREME COURT OF FLORIDA CASE NO.: SC04-442 Lower Tribunal No.: 4D02-101 JOHN RHAMES, DAN MATHIS, and ROBERT MARTO, vs. Petitioners, CITY OF LAUDERHILL, FLORIDA, a Municipality, Respondent. / On

More information

IN THE SUPREME COURT OF FLORIDA. Case No.: SC Lower Tribunal No.: 1D ADAMS GRADING AND TRUCKING, INC. and JOHN M.

IN THE SUPREME COURT OF FLORIDA. Case No.: SC Lower Tribunal No.: 1D ADAMS GRADING AND TRUCKING, INC. and JOHN M. IN THE SUPREME COURT OF FLORIDA Case No.: SC07-1175 Lower Tribunal No.: 1D06-1760 ADAMS GRADING AND TRUCKING, INC. and JOHN M. BLOODSWORTH, Petitioners, vs. MICHAEL E. GRAY, Respondent. ON REVIEW FROM

More information

IN THE SUPREME COURT OF FLORIDA TALLAHASSEE, FLORIDA RESPONDENT HENRY ANDREW HACSI S BRIEF ON JURISDICTION

IN THE SUPREME COURT OF FLORIDA TALLAHASSEE, FLORIDA RESPONDENT HENRY ANDREW HACSI S BRIEF ON JURISDICTION IN THE SUPREME COURT OF FLORIDA TALLAHASSEE, FLORIDA CYNTHIA MARTIN, vs. Petitioner, HENRY ANDREW HACSI, CASE NO.: SC05-1857 L.T. Case No.: 5D04-2807 Respondent. / RESPONDENT HENRY ANDREW HACSI S BRIEF

More information

SUPREME COURT OF FLORIDA CASE NO. SC

SUPREME COURT OF FLORIDA CASE NO. SC SUPREME COURT OF FLORIDA CASE NO. SC11-2146 MARILYN ANN NUNES, Personal Representative of the Estate of KATHLEEN L. PHILLIPS and MARILYN ANN NUNES, individually Petitioners vs. ALLSTATE INVESTMENT PROPERTIES,

More information

ON PETITION TO INVOKE DISCRETIONARY JURISDICTION FROM FIRST DISTRICT COURT OF APPEAL OF FLORIDA CASE NUMBER: 1D

ON PETITION TO INVOKE DISCRETIONARY JURISDICTION FROM FIRST DISTRICT COURT OF APPEAL OF FLORIDA CASE NUMBER: 1D IN THE SUPREME COURT OF FLORIDA Supreme Court Building 500 South Duval Street Tallahassee, Florida 32399-1925 (850) 488-0125 August 9, 2004 Lower Tribunal Case Number: 1D02-3026 Steve Scofield, as parent

More information

IN THE SUPREME COURT STATE OF FLORIDA. Case No. SC BETTY JEAN MANN, Petitioner,

IN THE SUPREME COURT STATE OF FLORIDA. Case No. SC BETTY JEAN MANN, Petitioner, IN THE SUPREME COURT STATE OF FLORIDA Case No. SC02-2646 BETTY JEAN MANN, Petitioner, v. BOARD OF COUNTY COMMISSIONERS OF ORANGE COUNTY, FLORIDA and ORANGE COUNTY PUBLIC SCHOOLS Respondents. PETITIONER

More information

IN THE SUPREME COURT OF FLORIDA

IN THE SUPREME COURT OF FLORIDA IN THE SUPREME COURT OF FLORIDA CARMEN DESOCIO : : Respondent-Plaintiff, : : Case No. v. : Second District Court of : Appeal No. 04-2112 : Sixth Judicial Circuit, Pinellas County : Case No. 02-007080CI-011

More information

IN THE SUPREME COURT OF FLORIDA. v. CASE NO. SC04-58 ON DISCRETIONARY REVIEW FROM THE FIFTH DISTRICT COURT OF APPEAL

IN THE SUPREME COURT OF FLORIDA. v. CASE NO. SC04-58 ON DISCRETIONARY REVIEW FROM THE FIFTH DISTRICT COURT OF APPEAL IN THE SUPREME COURT OF FLORIDA ROBERT DEREK LEWIS, Petitioner, v. CASE NO. SC04-58 STATE OF FLORIDA, Respondent. / ON DISCRETIONARY REVIEW FROM THE FIFTH DISTRICT COURT OF APPEAL JURISDICTIONAL BRIEF

More information

IN THE SUPREME COURT OF FLORIDA CASE NO. SC MUHAMMAD RAHEEM TAQWA EL SUPREME KALIFA. Petitioner. GRADY JUDD, SHERIFF, et. al.

IN THE SUPREME COURT OF FLORIDA CASE NO. SC MUHAMMAD RAHEEM TAQWA EL SUPREME KALIFA. Petitioner. GRADY JUDD, SHERIFF, et. al. IN THE SUPREME COURT OF FLORIDA CASE NO. SC08-2487 MUHAMMAD RAHEEM TAQWA EL SUPREME KALIFA Petitioner v. GRADY JUDD, SHERIFF, et. al., Respondents ==========================================================

More information

IN THE SUPREME COURT OF THE STATE OF FLORIDA. CASE NO. SC (4th DCA Case No. 4D ) RICHARD MUCCIO, Petitioner, vs.

IN THE SUPREME COURT OF THE STATE OF FLORIDA. CASE NO. SC (4th DCA Case No. 4D ) RICHARD MUCCIO, Petitioner, vs. IN THE SUPREME COURT OF THE STATE OF FLORIDA CASE NO. SC07-1077 (4th DCA Case No. 4D05-3194) RICHARD MUCCIO, Petitioner, vs. STATE OF FLORIDA, Respondent. RESPONDENT'S BRIEF ON JURISDICTION BILL MCCOLLUM

More information

Third District Court of Appeal State of Florida

Third District Court of Appeal State of Florida Third District Court of Appeal State of Florida Opinion filed July 02, 2014. Not final until disposition of timely filed motion for rehearing. No. 3D13-461 Lower Tribunal No. 11-21566 Ocean Bank, Appellant,

More information

IN THE SUPREME COURT OF FLORIDA. CASE NO.: SC Lower Tribunal Nos.: 5D CA W HOWARD BROWNING, Petitioner, vs. LYNN ANNE POIRIER,

IN THE SUPREME COURT OF FLORIDA. CASE NO.: SC Lower Tribunal Nos.: 5D CA W HOWARD BROWNING, Petitioner, vs. LYNN ANNE POIRIER, Filing # 18199903 Electronically Filed 09/12/2014 10:17:38 PM RECEIVED, 9/12/2014 22:18:53, John A. Tomasino, Clerk, Supreme Court IN THE SUPREME COURT OF FLORIDA CASE NO.: SC13-2416 Lower Tribunal Nos.:

More information

IN THE SUPREME COURT OF FLORIDA

IN THE SUPREME COURT OF FLORIDA IN THE SUPREME COURT OF FLORIDA OWNERS INSURANCE COMPANY and AUTO-OWNERS INSURANCE COMPANY Petitioners, CASE NO: vs. Lower Tribunal No. 2D01-5770 BILTMORE CONSTRUCTION CO., INC. and CENTRAL-ALLIED ENTERPRISES,

More information

IN THE SUPREME COURT OF FLORIDA. Case No. SC BEST DIVERSIFIED, INC. and PETER HUFF. Petitioners, vs.

IN THE SUPREME COURT OF FLORIDA. Case No. SC BEST DIVERSIFIED, INC. and PETER HUFF. Petitioners, vs. IN THE SUPREME COURT OF FLORIDA Case No. SC06-1823 BEST DIVERSIFIED, INC. and PETER HUFF Petitioners, vs. OSCEOLA COUNTY, FLORIDA and STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, Respondents.

More information

IN THE SUPREME COURT OF FLORIDA CASE NO.: SC PRO-ART DENTAL LAB, INC., A Florida Corporation, Petitioner/Defendant,

IN THE SUPREME COURT OF FLORIDA CASE NO.: SC PRO-ART DENTAL LAB, INC., A Florida Corporation, Petitioner/Defendant, IN THE SUPREME COURT OF FLORIDA CASE NO.: SC07-1397 PRO-ART DENTAL LAB, INC., A Florida Corporation, Petitioner/Defendant, v. V-STRATEGIC GROUP, LLC, A Florida Corporation, Respondent/Plaintiff. An Appeal

More information

IN THE SUPREME COURT OF THE STATE OF FLORIDA. CASE NO. (4th DCA Case No. 4D ) STATE OF FLORIDA, Petitioner, vs. JESSIE HILL, Respondent.

IN THE SUPREME COURT OF THE STATE OF FLORIDA. CASE NO. (4th DCA Case No. 4D ) STATE OF FLORIDA, Petitioner, vs. JESSIE HILL, Respondent. IN THE SUPREME COURT OF THE STATE OF FLORIDA CASE NO. (4th DCA Case No. 4D02-3362) STATE OF FLORIDA, Petitioner, vs. JESSIE HILL, Respondent. PETITIONER'S BRIEF ON JURISDICTION CHARLES J. CRIST JR., Attorney

More information

IN THE SUPREME COURT OF FLORIDA. v. CASE NO. SC L.T. NO. 1D STATE OF FLORIDA,

IN THE SUPREME COURT OF FLORIDA. v. CASE NO. SC L.T. NO. 1D STATE OF FLORIDA, Filing # 11092791 Electronically Filed 03/07/2014 02:35:35 PM RECEIVED, 3/7/2014 14:38:38, John A Tomasino, Clerk, Supreme Court IN THE SUPREME COURT OF FLORIDA NOEL PLANK, Petitioner, v CASE NO SC14-414

More information

IN THE SUPREME COURT OF FLORIDA

IN THE SUPREME COURT OF FLORIDA IN THE SUPREME COURT OF FLORIDA GARY LAWRENCE, APPELLANT CASE NO.: SC00-2290 LOWER TRIBUNAL NO.: 94-397CF VS. STATE OF FLORIDA, APPELLEE APPELLANT S REPLY BRIEF APPEAL FROM DENIAL OF 3.850 MOTION FOR POST

More information

IN THE SUPREME COURT OF FLORIDA CASE NO. SC THIRD DISTRICT CASE NO. 3D PROFESSIONAL MEDICAL GROUP, INC., A/A/O MARVELIS BAUZA, Petitioner,

IN THE SUPREME COURT OF FLORIDA CASE NO. SC THIRD DISTRICT CASE NO. 3D PROFESSIONAL MEDICAL GROUP, INC., A/A/O MARVELIS BAUZA, Petitioner, IN THE SUPREME COURT OF FLORIDA CASE NO. SC10-131 THIRD DISTRICT CASE NO. 3D09-771 PROFESSIONAL MEDICAL GROUP, INC., A/A/O MARVELIS BAUZA, Petitioner, vs. UNITED AUTOMOBILE INSURANCE COMPANY, A Florida

More information

IN THE SUPREME COURT OF FLORIDA. Petitioner, Case No. SC JURISDICTIONAL BRIEF OF RESPONDENT

IN THE SUPREME COURT OF FLORIDA. Petitioner, Case No. SC JURISDICTIONAL BRIEF OF RESPONDENT IN THE SUPREME COURT OF FLORIDA DELMART E.J.M. VREELAND, II, v. Petitioner, Case No. SC11-2238 STATE OF FLORIDA, Respondent. JURISDICTIONAL BRIEF OF RESPONDENT PAMELA JO BONDI ATTORNEY GENERAL TRISHA MEGGS

More information

IN THE SUPREME COURT OF FLORIDA APPEAL FROM THE THIRD DISTRICT COURT OF APPEALS PETITIONER S JURISDICTIONAL BRIEF

IN THE SUPREME COURT OF FLORIDA APPEAL FROM THE THIRD DISTRICT COURT OF APPEALS PETITIONER S JURISDICTIONAL BRIEF IN THE SUPREME COURT OF FLORIDA CORAL BAY SECTION C HOMEOWNERS ASSOCIATION, Petitioner. Case No.: 3D07-2315 MIAMI-DADE COUNTY Respondent Lower Tribunal Case No.: 2007-5354-CA-01 APPEAL FROM THE THIRD DISTRICT

More information

IN THE SUPREME COURT OF THE STATE OF FLORIDA. PATRICK PALUMBO Petitioner, STATE OF FLORIDA, Respondent.

IN THE SUPREME COURT OF THE STATE OF FLORIDA. PATRICK PALUMBO Petitioner, STATE OF FLORIDA, Respondent. IN THE SUPREME COURT OF THE STATE OF FLORIDA PATRICK PALUMBO Petitioner, v. STATE OF FLORIDA, Respondent. CASE NO. 5D08-1275 LOWER COURT NO. 05-CF-0006841-O APPELLANT S JURISDICTIONAL BRIEF ON REQUEST

More information

IN THE DISTRICT COURT OF APPEAL THIRD DISTRICT, STATE OF FLORIDA

IN THE DISTRICT COURT OF APPEAL THIRD DISTRICT, STATE OF FLORIDA IN THE DISTRICT COURT OF APPEAL THIRD DISTRICT, STATE OF FLORIDA RECEIVED, 12/21/2016 10:21 AM, Mary Cay Blanks, Third District Court of Appeal SOLO AERO CORP., a Florida corporation, vs. Petitioner, AMERICA-CV

More information

THE SUPREME COURT OF FLORIDA. CASE NO. SC06-50 L.T. Case No. 4D

THE SUPREME COURT OF FLORIDA. CASE NO. SC06-50 L.T. Case No. 4D THE SUPREME COURT OF FLORIDA CASE NO. SC06-50 L.T. Case No. 4D04-3583 SALVATORE RAFFONE, Petitioner, vs. CITY OF FORT LAUDERDALE, Respondent. / JURISDICTIONAL BRIEF OF RESPONDENT CITY OF FORT LAUDERDALE

More information

IN THE SUPREME COURT OF THE STATE OF FLORIDA

IN THE SUPREME COURT OF THE STATE OF FLORIDA IN THE SUPREME COURT OF THE STATE OF FLORIDA JUNIOR JOSEPH, ) ) Appellee/Petitioner, ) ) 5th DCA Case No. 5D09-1356 ) ) Supreme Court Case No. SC11-179 STATE OF FLORIDA,) ) Appellant/Respondent. ) ) APPEAL

More information

IN THE SUPREME COURT OF FLORIDA

IN THE SUPREME COURT OF FLORIDA IN THE SUPREME COURT OF FLORIDA DEMARIOUS CALDWELL, Petitioner, vs. CASE NO. SC12 - DCA No. 4D10-3345 STATE OF FLORIDA, Respondent. PETITIONER S JURISDICTIONAL BRIEF On Review from the District Court of

More information

IN THE SUPREME COURT OF FLORIDA CASE NO. SC IN RE: THE ESTATE OF MARY T. OSCEOLA, Petitioners, vs. PETTIES OSCEOLA, SR.

IN THE SUPREME COURT OF FLORIDA CASE NO. SC IN RE: THE ESTATE OF MARY T. OSCEOLA, Petitioners, vs. PETTIES OSCEOLA, SR. IN THE SUPREME COURT OF FLORIDA CASE NO. SC04-4059 IN RE: THE ESTATE OF MARY T. OSCEOLA, Petitioners, vs. PETTIES OSCEOLA, SR., Respondent APPEAL FROM THE DISTRICT COURT OF APPEAL OF FLORIDA, THIRD DISTRICT

More information

IN THE SUPREME COURT OF FLORIDA CASE NO.: SC FOREST RIVER, INC. Petitioner/Defendant, vs. JOSEPH GELINAS, Respondent/Plaintiff.

IN THE SUPREME COURT OF FLORIDA CASE NO.: SC FOREST RIVER, INC. Petitioner/Defendant, vs. JOSEPH GELINAS, Respondent/Plaintiff. IN THE SUPREME COURT OF FLORIDA CASE NO.: SC 06-1654 FOREST RIVER, INC. Petitioner/Defendant, vs. JOSEPH GELINAS, Respondent/Plaintiff. ON REVIEW FROM THE FOURTH DISTRICT COURT OF APPEAL WEST PALM BEACH,

More information

SUPREME COURT OF FLORIDA PETITIONER, EMILY HALE S JURISDICTIONAL BRIEF

SUPREME COURT OF FLORIDA PETITIONER, EMILY HALE S JURISDICTIONAL BRIEF SUPREME COURT OF FLORIDA EMILY HALE, Petitioner, -vs- DEPARTMENT OF REVENUE, STATE OF FLORIDA, Case No.: SC08-371 L.T. Case No.: 98-107CA Respondent. ********************************************** PETITIONER,

More information

IN THE SUPREME COURT OF THE STATE OF FLORIDA. ELIAS AND DAHLIA MORALES, Appellants, Case No.: SC DCA Case No.: 5D vs.

IN THE SUPREME COURT OF THE STATE OF FLORIDA. ELIAS AND DAHLIA MORALES, Appellants, Case No.: SC DCA Case No.: 5D vs. IN THE SUPREME COURT OF THE STATE OF FLORIDA ELIAS AND DAHLIA MORALES, Appellants, Case No.: SC06-1322 DCA Case No.: 5D05-4925 vs. LETICIA J. MARQUES, Appellee. / APPEAL FROM THE FIFTH DISTRICT COURT OF

More information

IN THE SUPREME COURT STATE OF FLORIDA PRO-ART DENTAL LAB, INC. Petitioner, V-STRATEGIC GROUP, LLC. Respondent.

IN THE SUPREME COURT STATE OF FLORIDA PRO-ART DENTAL LAB, INC. Petitioner, V-STRATEGIC GROUP, LLC. Respondent. IN THE SUPREME COURT STATE OF FLORIDA CASE NO. SC07-1397 PRO-ART DENTAL LAB, INC. Petitioner, v. V-STRATEGIC GROUP, LLC Respondent. RESPONDENT V-STRATEGIC GROUP, LLC S BRIEF ON JURISDICTION ON DISCRETIONARY

More information

IN THE SUPREME COURT OF FLORIDA. CASE No. 4DCA No. 4D LOREEN I. KREIZINGER, P.A., a Florida Professional Association, Petitioner,

IN THE SUPREME COURT OF FLORIDA. CASE No. 4DCA No. 4D LOREEN I. KREIZINGER, P.A., a Florida Professional Association, Petitioner, IN THE SUPREME COURT OF FLORIDA CASE No. 4DCA No. 4D04-2919 LOREEN I. KREIZINGER, P.A., a Florida Professional Association, Petitioner, v. SHELDON J. SCHLESINGER, P.A., a Florida Professional Association,

More information

IN THE SUPREME COURT OF FLORIDA. Petitioner, CASE NO. SC JURISDICTIONAL BRIEF OF RESPONDENT

IN THE SUPREME COURT OF FLORIDA. Petitioner, CASE NO. SC JURISDICTIONAL BRIEF OF RESPONDENT IN THE SUPREME COURT OF FLORIDA KENNETH JENKINS, v. Petitioner, CASE NO. SC04-2088 STATE OF FLORIDA, Respondent. JURISDICTIONAL BRIEF OF RESPONDENT CHARLES J. CRIST, JR. ATTORNEY GENERAL ROBERT R. WHEELER

More information

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA. Case No.:

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA. Case No.: Case 9:18-cv-81345-DMM Document 1 Entered on FLSD Docket 10/05/2018 Page 1 of 4 JOHN DOE, vs. Plaintiff, RICHARD L. SWEARINGEN, in his official capacity as Commissioner of the Florida Department of Law

More information

IN THE SUPREME COURT STATE OF FLORIDA LAURA RUIMY, Appellant/Plaintiff/Petitioner, vs. FLOR N. BEAL, ALEX RENE BIAL a/k/a ALEX RENE BEAL,

IN THE SUPREME COURT STATE OF FLORIDA LAURA RUIMY, Appellant/Plaintiff/Petitioner, vs. FLOR N. BEAL, ALEX RENE BIAL a/k/a ALEX RENE BEAL, IN THE SUPREME COURT STATE OF FLORIDA LAURA RUIMY, Appellant/Plaintiff/Petitioner, vs. FLOR N. BEAL, ALEX RENE BIAL a/k/a ALEX RENE BEAL, Appellee/Defendant/Respondent. SUPREME COURT CASE NO.: 09-428 3

More information

IN THE SUPREME COURT OF FLORIDA NO. SC L.T. NO. 3D MAURICE WHIPPLE, Petitioner. DEPARTMENT OF CORRECTIONS, STATE OF FLORIDA, Respondent

IN THE SUPREME COURT OF FLORIDA NO. SC L.T. NO. 3D MAURICE WHIPPLE, Petitioner. DEPARTMENT OF CORRECTIONS, STATE OF FLORIDA, Respondent IN THE SUPREME COURT OF FLORIDA NO. SC05-394 L.T. NO. 3D03-2877 MAURICE WHIPPLE, Petitioner v. DEPARTMENT OF CORRECTIONS, STATE OF FLORIDA, Respondent AMENDED ANSWER BRIEF ON JURISDICTION CHARLES J. CRIST,

More information

IN THE SUPREME COURT OF THE STATE OF FLORIDA. CASE NO. SC (4th DCA Case No. 4D ) ALBERTO ELIAKIM, Petitioner, vs.

IN THE SUPREME COURT OF THE STATE OF FLORIDA. CASE NO. SC (4th DCA Case No. 4D ) ALBERTO ELIAKIM, Petitioner, vs. IN THE SUPREME COURT OF THE STATE OF FLORIDA CASE NO. SC04-2009 (4th DCA Case No. 4D02-3393) ALBERTO ELIAKIM, Petitioner, vs. STATE OF FLORIDA, Respondent. RESPONDENT'S BRIEF ON JURISDICTION CHARLES J.

More information

IN THE SUPREME COURT OF FLORIDA. IN RE: ESTATE OF CASE NO. SC04- Lower Tribunal No. 2D ALVARADO KELLY,

IN THE SUPREME COURT OF FLORIDA. IN RE: ESTATE OF CASE NO. SC04- Lower Tribunal No. 2D ALVARADO KELLY, IN THE SUPREME COURT OF FLORIDA IN RE: ESTATE OF CASE NO. SC04- Lower Tribunal No. 2D03-110 ALVARADO KELLY, Deceased. / SARAH D. CUEVAS, as Personal Representative of the Estate of Alvarado Kelly, deceased

More information

IN THE SUPREME COURT OF FLORIDA TALLAHASSEE, FLORIDA RESPONDENTS ENGLEWOOD COMMUNITY HOSPITAL AND RSKCO S ANSWER BRIEF ON JURISDICTION

IN THE SUPREME COURT OF FLORIDA TALLAHASSEE, FLORIDA RESPONDENTS ENGLEWOOD COMMUNITY HOSPITAL AND RSKCO S ANSWER BRIEF ON JURISDICTION IN THE SUPREME COURT OF FLORIDA TALLAHASSEE, FLORIDA VICKI LUCAS, vs. Petitioner, ENGLEWOOD COMMUNITY HOSPITAL and RSKCO, CASE NO.: SC07-1736 L.T. Case No.: 1D06-5161 Respondents. / RESPONDENTS ENGLEWOOD

More information

IN Tl le SUPREME COURT FOR THE STATE OF FLORIDA. CASE NO. SCl3-153 L. T. CASR NOS.; 4DI J-4801, CA COCE

IN Tl le SUPREME COURT FOR THE STATE OF FLORIDA. CASE NO. SCl3-153 L. T. CASR NOS.; 4DI J-4801, CA COCE E]cctronically Filed 07/01/2013 (M:47:23 PM ET RECEIVED. 7/]/2013 l6:48:35. Thomas D. Hall. Clerk. Supreme Court IN Tl le SUPREME COURT FOR THE STATE OF FLORIDA CASE NO. SCl3-153 L. T. CASR NOS.; 4DI J-4801,

More information

IN THE SUPREME COURT OF FLORIDA

IN THE SUPREME COURT OF FLORIDA IN THE SUPREME COURT OF FLORIDA Third District Court of Appeal Case No. 3D09-1314 Lower Court Case No. 08-39632 CA 04 (11 th Judicial Circuit) VENEZIA LAKES HOMEOWNERS ASSOCIATION, INC., a Florida not-for-profit

More information

IN THE SUPREME COURT OF FLORIDA RESPONDENT, CITY OF LARGO, ANSWER BRIEF ON JURISDICTION IN RESPONSE TO PETITIONER'S AMENDED BRIEF

IN THE SUPREME COURT OF FLORIDA RESPONDENT, CITY OF LARGO, ANSWER BRIEF ON JURISDICTION IN RESPONSE TO PETITIONER'S AMENDED BRIEF IN THE SUPREME COURT OF FLORIDA MARY KATHERINE DAY-PETRANO CASE NO. SC05-1181 L.T. 2D04-4867 Petitioner, v. PINELLAS COUNTY AND CIRCUIT COURTS OF THE SIXTH JUDICIAL CIRCUIT OF FLORIDA; STATE OF FLORIDA;

More information

IN THE SUPREME COURT OF FLORIDA CASE NO.: SC11- THIRD DISTRICT CASE NO.: 3D UNITED AUTOMOBILE INSURANCE COMPANY a Florida Corporation,

IN THE SUPREME COURT OF FLORIDA CASE NO.: SC11- THIRD DISTRICT CASE NO.: 3D UNITED AUTOMOBILE INSURANCE COMPANY a Florida Corporation, IN THE SUPREME COURT OF FLORIDA CASE NO.: SC11- THIRD DISTRICT CASE NO.: 3D10-108 UNITED AUTOMOBILE INSURANCE COMPANY a Florida Corporation, Petitioner, -v- KENDALL SOUTH MEDICAL CENTER INC., & DAILYN

More information

IN THE SUPREME COURT OF FLORIDA

IN THE SUPREME COURT OF FLORIDA IN THE SUPREME COURT OF FLORIDA Jerome S. Rydell and Dale E. Krueger, individually and derivatively, on behalf of the shareholders of Surf Tech International, Inc., and Sigma Financial Corporation, a Michigan

More information

IN THE SUPREME COURT OF FLORIDA

IN THE SUPREME COURT OF FLORIDA IN THE SUPREME COURT OF FLORIDA RAMESES, INC., d/b/a CLEO S and STEVEN G. MASON, P.A., v. Petitioners, Case No.: SC10-670 Lower Tribunal: 5D09-208 JERRY DEMINGS, in his Official Capacity as Sheriff of

More information