Opinion
CASE NO.: SC14-799
09-09-2014
RAFAEL ALEXANDER GUTIERREZ Petitioner(s) v. STATE OF FLORIDA Respondent(s)
Lower Tribunal No(s).: 5D12-3461; 11-CF-009836-A-OR
The Court accepts jurisdiction and dispenses with oral argument pursuant to Florida Rule of Appellate Procedure 9.320.
Petitioner's brief on the merits shall be served on or before October 6, 2014; respondent's brief on the merits shall be served twenty days after service of petitioner's brief on the merits; and petitioner's reply brief on the merits shall be served twenty days after service of respondent's brief on the merits.
The Clerk of the Fifth District Court of Appeal shall file the record which shall be properly indexed and paginated on or before November 10, 2014. The record shall include the briefs filed in the district court separately indexed. The Clerk may provide the record in the format as currently maintained at the district court, either paper or electronic. If an electronic record, the Clerk of the Fifth District Court of Appeal should contact the Clerk of this Court for instructions on transmittal of the electronic record. LABARGA, C.J., and PARIENTE, LEWIS, and PERRY, JJ., concur. POLSTON, J., dissents. A True Copy
Test:
/s/_________
John A. Tomasino
Clerk, Supreme Court
bb
Served:
TERRENCE E. KEHOE
HON. PAMELA R. MASTERS, CLERK
WESLEY HAROLD HEIDT
PAMELA JANE KOLLER