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STRUNK FUNERAL HOMES & CREMATORY, INC., f/k/a STRUNK FUNERAL HOMES & CREMATORY, P.A., Petitioner(s) v. MILLENNIUM FUNERAL HOMES AND CREMATORY, LLC, et al., Respondent(s).
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4D2024-2339
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2024-09-09
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Open
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| Classification |
Original Proceedings - Circuit Civil - Certiorari
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| Court |
4th District Court of Appeal
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| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, Indian River County
2020CA000158; 2021CA000420; 2020CA00481
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Parties
| Name |
Strunk Funeral Homes & Crematory, P.A.
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| Role |
Petitioner
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| Status |
Active
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| Representations |
Richard Sneed
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| Name |
STRUNK FUNERAL HOMES & CREMATORY, INC.
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| Role |
Petitioner
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| Status |
Active
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| Name |
Dorothy Strunk
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| Role |
Respondent
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| Status |
Active
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| Representations |
Daryl Krauza, James Prescott Covey
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| Name |
James W. Young, Jr.
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| Role |
Respondent
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| Status |
Active
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| Representations |
Clive Newlands Morgan
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| Name |
MILLENNIUM FUNERAL HOME AND CREMATORY LLC
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| Role |
Respondent
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| Status |
Active
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| Representations |
Clive Newlands Morgan
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| Name |
Hon. Brett Michael Waronicki
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| Role |
Judge/Judicial Officer
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| Status |
Active
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| Name |
Indian River Clerk
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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Docket Entries
| Docket Date |
2024-11-22
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| Type |
Response
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| Subtype |
Reply to Response
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| Description |
Reply to Answer to Petition for Writ of Certiorari
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| On Behalf Of |
Strunk Funeral Homes & Crematory, P.A.
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| View |
View File
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| Docket Date |
2024-11-15
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| Type |
Notice
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| Subtype |
Notice of Joinder for Realignment
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| Description |
Joinder In William B. Whitaker's, As Personal Representative Of The Estate Of Dorothy Strunk, Response To Petition For Writ Of Certiorari
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| On Behalf Of |
Dorothy Strunk
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| Docket Date |
2024-11-14
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| Type |
Response
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| Subtype |
Response
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| Description |
William Whitaker's, As Personal Representative Of The Estate Of Dorothy Strunk, Response To Petition For Writ Of Certiorari
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| On Behalf Of |
Dorothy Strunk
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| Docket Date |
2024-10-25
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| Type |
Order
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| Subtype |
Show Cause re Petition
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| Description |
ORDERED that respondent shall file a response within twenty (20) days and show cause why the petition for writ of certiorari should not be granted. Petitioner may file a reply within ten (10) days of service of the response.
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| View |
View File
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| Docket Date |
2024-09-12
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter
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| View |
View File
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| Docket Date |
2024-09-12
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| Type |
Event
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| Subtype |
Fee Satisfied
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| Description |
Fee Satisfied
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| Docket Date |
2024-09-09
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| Type |
Record
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| Subtype |
Appendix to Petition
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| Description |
Appendix to Petition
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| Docket Date |
2024-09-09
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| Type |
Petition
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| Subtype |
Petition Certiorari
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| Description |
Petition Certiorari
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| Docket Date |
2025-01-06
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| Type |
Record
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| Subtype |
Appendix
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| Description |
Appendix
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| On Behalf Of |
Strunk Funeral Homes & Crematory, P.A.
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| Docket Date |
2025-01-06
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| Type |
Order
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| Subtype |
Order Striking Filing
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| Description |
ORDERED that Petitioner's appendix is stricken as not in compliance with Florida Rule of Appellate Procedure 9.220(c), which was amended effective October 1, 2017, in that it was not properly indexed, was not paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index, and contains no bookmarks as required by Rule 9.220(c)(3). An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
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| View |
View File
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| Docket Date |
2025-01-03
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| Type |
Record
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| Subtype |
Appendix
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| Description |
Appendix
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| On Behalf Of |
Strunk Funeral Homes & Crematory, P.A.
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| Docket Date |
2025-01-03
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| Type |
Post-Disposition Motions
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| Subtype |
Motion for Rehearing En Banc
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| Description |
Motion for Rehearing En Banc/Motion for Written Opinion
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| Docket Date |
2024-12-20
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| Type |
Disposition by Order
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| Subtype |
Denied
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| Description |
ORDERED that the September 9, 2024 petition for writ of certiorari is denied.
GERBER, LEVINE and KUNTZ, JJ., concur.
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| View |
View File
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STRUNK FUNERAL HOMES & CREMATORY, INC., f/k/a STRUNK FUNERAL HOMES & CREMATORY, P.A. VS DOROTHY STRUNK, et al.
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4D2022-3375
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2022-12-20
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Closed
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| Classification |
Original Proceedings - Circuit Civil - Certiorari
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| Court |
4th District Court of Appeal
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| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, Indian River County
2020CA000481
Circuit Court for the Nineteenth Judicial Circuit, Indian River County
2021CA000420
Circuit Court for the Nineteenth Judicial Circuit, Indian River County
2020CA000158
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Parties
| Name |
Strunk Funeral Homes & Crematory, P.A.
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| Role |
Petitioner
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| Status |
Active
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| Name |
STRUNK FUNERAL HOMES & CREMATORY, INC.
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| Role |
Petitioner
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| Status |
Active
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| Representations |
Donna Greenspan Solomon, Richard D. Sneed, Jr.
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| Name |
Dorothy Strunk
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| Role |
Respondent
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| Status |
Active
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| Representations |
James P. Covey, Daryl J. Krauza, Clive Morgan, Louis B. Vocelle, Jr.
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| Name |
James W. Young, Jr.
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| Role |
Respondent
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| Status |
Active
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| Name |
MILLENNIUM FUNERAL HOME AND CREMATORY LLC
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| Role |
Respondent
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| Status |
Active
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| Name |
Hon. Janet C. Croom
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| Role |
Judge/Judicial Officer
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| Status |
Active
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| Name |
Clerk - Indian River
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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Docket Entries
| Docket Date |
2023-03-30
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| Type |
Disposition
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| Subtype |
Dismissed
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| Description |
Dismissed - Order by Judge
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| Docket Date |
2023-03-30
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| Type |
Disposition by Order
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| Subtype |
Dismissed
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| Description |
Order-Original Proceeding Dismissed ~ In Case Number 22-3395, this court granted a petition for writ of prohibition. Petitioner has indicated that, given this disposition, it intends to move for reconsideration of orders entered by the disqualified judge under Florida Rule of General Practice and Judicial Administration Rule 2.330(h), which renders this petition moot. We dismiss this petition as moot. The previously entered stay of proceedings remains in place until a ruling is entered by the successor judge. Petitioner shall file any motion for reconsideration within seven (7) days from the date of this order. The December 19, 2023 petition for writ of certiorari is therefore dismissed.KLINGENSMITH, C.J., GROSS and MAY, JJ., concur.
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| Docket Date |
2023-03-01
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| Type |
Response
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| Subtype |
Response
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| Description |
Response
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| On Behalf Of |
Dorothy Strunk
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| Docket Date |
2023-02-28
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| Type |
Response
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| Subtype |
Reply to Response
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| Description |
Reply to Response
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| On Behalf Of |
Strunk Funeral Homes & Crematory, Inc.,
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| Docket Date |
2023-01-30
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| Type |
Order
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| Subtype |
Show Cause re Petition
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| Description |
ORD-Writs Show Cause with Reply ~ ORDERED that the above styled cases are consolidated for review by the same panel but shall maintain the separate case numbers.Further,ORDERED that, within twenty (20) days from the date of this order, respondent shall file a response and show cause why the petition for writ of prohibition should not be granted. This order stays further proceedings in the lower tribunal and therefore the January 4, 2023 motions for review are moot. Fla. R. App. P. 9.100(h). Petitioner may file a reply within ten (10) days of service of the response. Further,ORDERED that respondent shall file a response, within twenty (20) days from the date of this order, and show cause why the petition for writ of certiorari should not be granted. The response should be limited to addressing the bond amount which includes the rent payments. Petitioner may file a reply within ten (10) days of service of the response.
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| Docket Date |
2023-01-06
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| Type |
Order
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| Subtype |
Order on Request for Emergency Treatment
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| Description |
Denying Request for Emergency Treatment ~ ORDERED that appellant's January 4, 2023 request for emergency treatment is denied. The court will handle the filing in the normal course of business. No motion for rehearing as to this order will be entertained.
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| Docket Date |
2023-01-05
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| Type |
Motions Other
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| Subtype |
Motion For Review
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| Description |
Motion For Review ~ *AMENDED*
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| Docket Date |
2023-01-04
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| Type |
Motions Other
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| Subtype |
Motion For Review
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| Description |
Motion For Review
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| On Behalf Of |
Strunk Funeral Homes & Crematory, Inc.,
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| Docket Date |
2023-01-04
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| Type |
Record
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| Subtype |
Appendix
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| Description |
Appendix ~ TO MOTION FOR REVIEW
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| On Behalf Of |
Strunk Funeral Homes & Crematory, Inc.,
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| Docket Date |
2022-12-20
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Writ of Certiorari / Acknowledgment letter
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| Docket Date |
2022-12-20
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| Type |
Misc. Events
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| Subtype |
Fee Status
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| Description |
FP:Fee Paid Through Portal
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| Docket Date |
2022-12-19
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| Type |
Misc. Events
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| Subtype |
Case Filing Fee Paid through Portal
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| Description |
Case Filing Fee Paid Through Portal
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| Docket Date |
2022-12-19
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| Type |
Petition
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| Subtype |
Petition Certiorari
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| Description |
Petition for Certiorari Filed ~ *FILING FEE PAID ELECTRONICALLY
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| On Behalf Of |
Strunk Funeral Homes & Crematory, Inc.,
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| Docket Date |
2022-12-19
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| Type |
Record
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| Subtype |
Appendix to Petition
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| Description |
Appendix to Petition ~ *FILING FEE PAID ELECTRONICALLY
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