http://www.angel-diaz.us/legal/Filed_11-29-2006_OrderRelinquishment.pdf - PDF
Supreme Court of Florida
WEDNESDAY, NOVEMBER 29, 2006
CASE NO.: SC06-2259
Lower Tribunal No.: 83-18931-B
ANGEL NIEVES DIAZ vs. STATE OF FLORIDA
Appellant's motion to relinquish jurisdiction is granted and the jurisdiction of the
above cause is temporarily relinquished to the trial court for a period of time ending at
5:00 p.m., Sunday, December 3, 2006, for the purpose of allowing the trial court to
rule on appellant's Motion to Vacate Judgments of Conviction and Sentence Pursuant
to Rule 3.851, which was filed in the Circuit Court of the Eleventh Judicial Circuit in
and for Dade County, Florida, on November 27, 2006.
The relinquishment of this
case should not be construed as an adjudication or comment on the merits of
appellant's post-conviction motion nor an adjudication or comment that an evidentiary
hearing is required.
We direct that all proceedings regarding this matter be expedited.
pending in the trial court shall be acted on and orders disposing of those matters
entered by 5:00 p.m., Sunday, December 3, 2006.
A Notice of Appeal, if any, shall
be filed by 9:00 a.m., Monday, December 4, 2006.
The record on appeal shall be
filed by 12:00 noon, Monday, December 4, 2006.
The parties shall file simultaneous
briefs, if any, by 3:00 p.m., Monday, December 4, 2006.
The above case, and any appeal filed in conjunction with the relinquishment
proceeding, are hereby scheduled for oral argument at 9:00 a.m., Thursday,
December 7, 2006.
A maximum of twenty minutes to the side is allowed, but
CASE NO. SC06-2259
counsel is expected to use only so much of that time as is necessary.
CONTINUANCES WILL BE GRANTED EXCEPT UPON A SHOWING OF
LEWIS, C.J., and ANSTEAD, PARIENTE, QUINCE and CANTERO, JJ., concur.
WELLS and BELL, JJ., dissent.
A True Copy
PENNY H. BRILL
BARBARA L. COSTA
SUZANNE MYERS KEFFER
SANDRA S. JAGGARD
HON. AMY STEELE DONNER, JUDGE
HON. HARVEY RUVIN, CLERK