| Date Docketed | Description | Filed By | Notes |
| 07/20/2021 | Notice of Appeal Filed | Public Defender-Broward PD01 | |
| 07/21/2021 | Acknowledgment Letter | | |
| 07/21/2021 | ORD-Pay Filing Fee-Criminal Appeal | | The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes, is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY. ORDERED that appellant shall pay the $300.00 filing fee or file a lower tribunal clerk's determination of indigency status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection. If appellant has already been found indigent for purposes of proceedings in the lower tribunal, in this or any other criminal case and has remained incarcerated since that time, please file a copy of that order in this court. See Fla. R. App. P. 9.430(c)(1)(B). **NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a lower tribunal clerk's determination of indigent status is filed. |
| 07/21/2021 | Determination of Indigent Status | | |
| 08/13/2021 | Court Reporter Acknowledgement Letter | Boss Reporting | |
| 09/20/2021 | Notice | Clerk Broward CC01 | DESIGNATION TO COURT REPORTER |
| 10/26/2021 | Show Cause Lack of Prosecution, Record-on-Appeal | | ***DISCHARGED 10/28/21***ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, within ten (10) days from the date of this order, why the above-styled case should not be dismissed for lack of timely prosecution, in that the record on appeal has not been filed with this court as of this date. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the record on appeal is filed within this time, the order to show cause will be considered automatically discharged without further order. |
| 10/27/2021 | Response to Order to Show Cause | Public Defender-Broward PD01 | |
| 10/28/2021 | ORD-Discharging Show Cause | | ORDERED that, upon consideration of appellant's response filed October 27, 2021, this court's October 26, 2021 order to show cause is discharged. |
| 11/19/2021 | Notice | Clerk Broward CC01 | Of Non-Receipt Of Transcript |
| 11/19/2021 | Received Records | Clerk Broward CC01 | 161 PAGES |
| 11/22/2021 | Order for Status Report Re: ROA | | Upon consideration of the Notice of Non-Receipt of Transcript filed by the clerk of the lower tribunal on November 19, 2021, it is ORDERED that Boss Reporting shall file a report, within three (3) days from the date of this order, as to the status of the preparation and filing of the transcripts. |
| 11/23/2021 | Response | Boss Reporting | |
| 11/23/2021 | Notice of Appearance | Paul Edward Petillo 0508438 | |
| 11/30/2021 | Mot. file supp'l ROA & toll time | Paul Edward Petillo 0508438 | |
| 11/30/2021 | Ord-Supplement ROA & Toll Time for Brief | | ORDERED that appellant's November 30, 2021 motion to supplement the record and toll time to serve initial brief is granted. The material requested in the motion shall be included in the record on appeal. The clerk of the lower tribunal shall prepare and file the supplemental material in this court within twenty (20) days from the date of this order. Appellant shall monitor the supplementation process; further, ORDERED that the time for filing appellant's initial brief is tolled until ten (10) days after the supplemental record is received. |
| 12/29/2021 | Supplemental Records | Clerk Broward CC01 | 11 PAGES |
| 01/04/2022 | Miscellaneous Motion | Paul Edward Petillo 0508438 | MOTION TO HOLD APPEAL IN ABEYANCE FOR THIRTY DAYS |
| 01/05/2022 | Order Holding Case in Abeyance Per R. 9.020(h)(2)(C) | | This court notes that a motion tolling rendition is pending in the trial court. ORDERED that the above-styled case is held in abeyance until the trial court disposes of the motion and appellant files a copy of the order in this court. On that date, this case shall proceed, and the briefing schedule shall run from that date. See Fla. R. App. P. 9.020(h)(2)(C). If the trial court has not entered an order disposing of the motion within thirty (30) days from the date of this order, appellant shall file a status report with this court as to the progress being made towards disposition of the motion. |
| 01/31/2022 | Initial Brief on Merits | Paul Edward Petillo 0508438 | |
| 01/31/2022 | Appendix to Brief | Paul Edward Petillo 0508438 | |
| 03/02/2022 | Notice of Agreed Extension - Answer Brief | Jeanine Marie Germanowicz 0019607 | |
| 03/02/2022 | Recognizing Agreed Extension of Time | | 30 DAYS TO 4/1/22 |
| 03/03/2022 | Notice of Confidential Information Within Court Filing | Jeanine Marie Germanowicz 0019607 | |
| 03/03/2022 | Appellee's Answer Brief | Jeanine Marie Germanowicz 0019607 | |
| 03/03/2022 | Confession of Error | | |
| 03/11/2022 | Appellant's Reply Brief | Paul Edward Petillo 0508438 | |
| 03/11/2022 | Motion To Expedite | Paul Edward Petillo 0508438 | |
| 03/23/2022 | Reversed - Per Curiam Opinion | | CONFESSION OF ERROR |
| 03/23/2022 | Deny Expediting | | ORDERED that appellant’s March 11, 2022 unopposed motion to expedite is denied. |
| 04/06/2022 | Notice of Voluntary Dismissal | Paul Edward Petillo 0508438 | |
| 04/06/2022 | Motion For Rehearing | Paul Edward Petillo 0508438 | OR CLARIFICATION |
| 04/06/2022 | Response | Jeanine Marie Germanowicz 0019607 | TO NOTICE OF VOLUNTARY DISMISSAL AND MOTION FOR REHEARING |
| 04/12/2022 | ORD-Appellant to File Response | | ORDERED that appellant is directed to reply, within five (5) days from the date of this order, to appellee's "Response to Notice of Voluntary Dismissal and Motion for Rehearing." |
| 04/13/2022 | Reply to Response | Paul Edward Petillo 0508438 | |
| 04/22/2022 | ORD-Denying Rehearing | | ORDERED that appellant’s March 7, 2022 motion for rehearing or clarification is denied. Appellant has alleged in filings before this court that his competency is in question and that the lower court erred in issuing its competency order dated June 30, 2021. We agreed with that contention after the State confessed error. Rivera v. State, 47 Fla. L. Weekly D707 (Fla. 4th DCA Mar. 23, 2022). Although appellant has now moved to voluntarily dismiss his appeal, his competency to proceed in the lower court, and to waive his appellate rights and voluntarily dismiss this appeal, remains an open legal question placed at issue by appellant himself. See Machin v. State, 267 So. 3d 1098 (Fla. 4th DCA 2019). Further, ORDERED that the relief sought in appellant's April 6, 2022 "Notice of Voluntary Dismissal" is denied. See State v. Schopp, 653 So. 2d 1016, 1018 (Fla. 1995). |
| 04/22/2022 | West Publishing | | |
| 05/13/2022 | Mandate | | |