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Court Case Record PHILLIP CASCIOLA vs BERNARD F. DALEY, JR., ET AL. SC18-311 UID(ead0)


PHILLIP CASCIOLA vs BERNARD F. DALEY, JR., ET AL. Court Case Record

Court Case Number: SC18-311


 
Case NumberSC18-311
Case TitlePHILLIP CASCIOLA vs BERNARD F. DALEY, JR., ET AL.
Case TypeLower Tribunal Case
StateFlorida, FL
CountyAll Counties
CourtFlorida Supreme Court
Court Address500 S Duval St, Tallahassee, FL 32399
Phone(850) 488-0125
Field Date05/03/2018
Close Date
Documentpdf
Documents
Doc. Date Docketed Description Filed by Notes
02/20/2018 NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT) PS Phillip Casciola BY: PS Phillip Casciola Filed as "Motion for Leave to Appeal a Non Final Order/Interlocatory Appeal And/or Petition for Writ of Certiorari Review or Any Other Applicable Motion, Petition, Writ, Etc." & treated as Notice - Discretionary Jurisdiction
02/26/2018 ORDER-FILING FEE DUE-PRISONER CIVIL The jurisdiction of this Court was invoked by the filing of a Notice to Invoke Discretionary Jurisdiction in the lower tribunal; however, said notice was not accompanied by the $300.00 filing fee or a proper motion for leave to proceed in forma pauperis as required by Florida Rules of Appellate Procedure 9.110(b) and 9.120(b). The filing fee is due and payable at the time of filing the notice. Petitioner is allowed to and including March 28, 2018, in which to submit the filing fee or a proper motion for leave to proceed in forma pauperis that complies with section 57.085(2), Florida Statutes (2013). Failure to submit the filing fee or the above referenced document to this Court could result in the imposition of sanctions, including dismissal of the notice. Please understand that once this case is dismissed, it is not subject to reinstatement.
02/26/2018 ACKNOWLEDGMENT LETTER-NEW CASE Supreme Court Florida FSC BY: Supreme Court Florida FSC
03/07/2018 ORDER-DISMISSAL RE: FAILURE TO COMPLY In reviewing our records, we note that your case is subject to dismissal for failure to comply with this Court's direction. See Fla. R. App. P. 9.410. We have not received the petitioner's jurisdictional brief with appendix in accordance with Florida Rule of Appellate Procedure 9.120(d). Failure to file the above referenced documents with this Court within fifteen days from the date of this order could result in the imposition of sanctions, including dismissal of the petition. Please understand that once this case is dismissed, it may not be subject to reinstatement.
03/12/2018 MAIL RETURNED PE Stephen Proctor Tourtelot 10155 BY: PE Stephen Proctor Tourtelot 10155 **03/14/2018 - Ack. Letter and Fee Due Order placed with file; No forwarding address located**
03/12/2018 MAIL RETURNED PE Bernard F. Daley, Jr. 263141 BY: PE Bernard F. Daley, Jr. 263141 **03/14/2018 - Ack. Letter, Fee Due Order and Dismissal Order resent to updated address**
03/19/2018 MOTION-EXT OF TIME (JURIS BRIEF) PS Phillip Casciola BY: PS Phillip Casciola
03/20/2018 ORDER-EXT OF TIME GR (JURIS BRIEF-PETITIONER) Petitioner's motion for extension of time is granted, and petitioner is allowed to and including April 19, 2018, in which to serve the brief on jurisdiction. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied. All other times will be extended accordingly.
03/28/2018 MOTION-IN FORMA PAUPERIS PS Phillip Casciola BY: PS Phillip Casciola
03/28/2018 ORDER-IN FORMA PAUPERIS NONCOMPLIANCE-PRISONER ONLY (CIVIL) The motion to proceed in forma pauperis filed in the above case does not comply with section 57.085(2), Florida Statutes (2013). Petitioner is directed, within thirty days from the date of this Order, to submit to this Court a current "Inmate Trust Fund Account Statement" for the last six months or the length of the petitioner's incarceration, whichever period is shorter.
03/29/2018 JURIS INITIAL BRIEF PS Phillip Casciola BY: PS Phillip Casciola **Stricken 4/16/18, amended jurisdictional brief filed.**
04/02/2018 ORDER-CERTIFICATE OF SERVICE COMPLIANCE All pleadings filed in this Court must contain a Certificate of Service stating the names and addresses of those served and, if served on an attorney, the name of the party that attorney represents. See Fla. R. App. P. 9.420. Petitioner's jurisdictional brief will not be submitted to the Court until you have served Bernard F. Daley, Jr., 1447 Marion Avenue, Tallahassee, FL 32303, and Stephen Proctor Tourtelot, 1651 Cape Hope Avenue N.E., #2, St. Petersburg, FL 33702-7032, and filed with this Court a proper Certificate of Service. Failure to provide this Court with a Certificate of Service within 20 days from the date of this order could result in the imposition of sanctions, including dismissal of the petition. See Fla. R. App. P. 9.410. Please understand that once this case is dismissed, it may not be subject to reinstatement.
04/02/2018 ORDER-APPENDIX DUE Petitioner's jurisdictional initial brief was filed with this Court on March 29, 2018, but not accompanied by an appendix pursuant to Florida Rule of Appellate Procedure 9.120(d). Petitioner is directed, on or before April 23, 2018, to file an appendix containing only a copy of the opinion or order of the district court of appeal to be reviewed.
04/16/2018 NOTICE-FILING PS Phillip Casciola BY: PS Phillip Casciola Filed as "Notice of Filing Appendix Per Order Dated April 2, 2018"
04/16/2018 NOTICE PS Phillip Casciola BY: PS Phillip Casciola Filed as "Notice to Court Per Court Order April 2, 2018 Appendix w/ Opinion of Lower Court"
04/16/2018 INMATE ACCT/6-MO PRINTOUT PS Phillip Casciola BY: PS Phillip Casciola Filed as "Notice of Filing 6 Months Back Statement Per Court Order"
04/16/2018 JURIS INITIAL AMD BRIEF PS Phillip Casciola BY: PS Phillip Casciola
04/16/2018 NOTICE-FILING PS Phillip Casciola BY: PS Phillip Casciola Filed as "Filing Amended Brief"
04/16/2018 APPENDIX-JURIS BRIEF PS Phillip Casciola BY: PS Phillip Casciola **Portions stricken 4/16/18, contained more than decision for review.**
04/16/2018 ORDER-IN FORMA PAUPERIS GR Petitioner's motion for leave to proceed in forma pauperis is hereby granted.
04/16/2018 ORDER-BRIEF STRICKEN In light of the filing of petitioner's amended jurisdictional brief filed with this Court on April 16, 2018, it is ordered that petitioner's jurisdictional brief filed with this Court on March 29, 2018, is hereby stricken.
04/16/2018 ORDER-APPENDIX STRIKE PORTIONS (JURIS) The appendix to petitioner's amended brief on jurisdiction, which was filed with this Court on April 16, 2018, does not comply with Florida Rule of Appellate Procedure 9.120(d). All documents contained in petitioner's appendix, with the exclusion of the opinion or order of the district court of appeal to be reviewed, are hereby stricken.